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2009 07-27 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, July 27, 2009 City Hall, Council Chambers Meeting No. 15 -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." E. APPROVAL OF MINUTES 1. Approval of July 6, 2009, City Council Workshop Minutes 2. Approval of July 6, 2009, City Council Meeting Minutes 3. Approval of July 13, 2009, City Council Workshop Minutes 4. Approval of July 13, 2009, City Council Meeting 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 II.) 1. Notice Of City Council Manager Work Session Meeting — August 3, 2009, 5:00 p.m. Topic: Discussion Of Goals And Expectations Of City Manager Antonen 2. Announcement Of Taste of Maplewood And Related Activities H. COUNCIL PRESENTATIONS APPOINTMENTS AND PRESENTATIONS 1. Swearing In Ceremony For New Firefighters James Johnson And Jeffery Morgan J. PUBLIC HEARINGS K. UNFINISHED BUSINESS 1. Consider Resolution Approving Extension To Open Space Purchase Option Within Carver Crossing Development Contract 2. Economic Development Authority a. Second Reading — Adopting An Ordinance Establishing The Maplewood Area Development Authority b. Second Reading — Adopting An Ordinance Establishing The Maplewood Business And Economic Development Advisory Commission (BEDC) c. Consider Accepting And Authorization To Enter Into Purchase Agreement With Roadmaster Of Minnesota LLC For Parcel On Van Dyke Street North At Castle Avenue 3. Consider Adoption Of City Council Policy And Procedures For Boards And Commissions L. NEW BUSINESS 1. One Time Event Permit Approval— The Rock, Brian Bauman, 2029 Woodlyn Avenue 2. Approval of Bruentrup Heritage Farm Conditional Use Permit Amendment To Allow The Maplewood Area Historical Society To Lease The Farm For Non - Historical Events 3. Holloway Avenue And Stanich Highlands Area Improvements, City Project 09 -13 a. Resolution Approving Plans And Specifications And Advertising For Bids b. Resolution Ordering Preparation Of Assessment Roll c. Approval Of Joint Powers Agreement With North Saint Paul 4. Stillwater Road /Hwy 5 Improvements (Lakewood To Century), City Project 09 -04, Resolution Accepting Report And Calling Public Hearing 5. Resolution Establishing Depository Services Account For ATM Activity 6. Planned Unit Development Revision For Century Trails Apartments By CommonBond Communities 7. Consider Amending Chapter 12 Vacant Building Registration 8. Adoption of 2010 -2014 Capital Improvement Plan 1. Approval Of Claims 2. Lark - Prosperity Area Street Improvements, Project 07 -15, Resolution Approving Final Payment And Acceptance Of Project 3. Desoto - Skillman Area Street Improvements, Project 06 -16, Resolution Approving Final Payment And Acceptance Of Project 4. County Road D Street Improvements, Project 08 -20, Resolution Directing Modification Of Existing Construction Contract, Change Order No. 1 5. CarMax /Mogren Addition Improvements, Project 06 -17, Resolution Approving Ramsey County Cooperative Agreement PW2009 -04 6. Approve Acceptance Of Donation To Maplewood Police Reserves 7. Approve JAG2009 (Justice Assistance Grant) Stimulus Agreement 8. Resolution Of Support For The Maplewood Area Historical Society For The Bruentrup Heritage Farm 9. Conditional Use Permit Review, St. Paul Business Center East,1983, 1997, 2025 Sloan Place 10. Conditional Use Permit Review, St. Paul Regional Water Services (McCarron's Treatment Plant) 11. Conditional Use Permit Review, Liberty Classical Academy And First Evangelical Free Church, 2696 Hazelwood Street 12. Conditional Use Permit Termination, Liberty Classical Academy, 1717 English Street 13. Approve Purchase Of A Used Ambulance 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 SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 4 :30 p.m., Monday, July 6, 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 4:30 p.m. by Mayor Longrie. Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present at 4:40 p.m. Kathleen Juenemann, Councilmember Present at 4:45 p.m. John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew moved to approve the agenda as submitted Seconded by Councilmember Rossbach. Ayes — All The motion passed. D. UNFINISHED BUSINESS 1. Declaration of Intent to Close Meeting Mayor Longrie closed I purpose of discussion. Mayor Longrie reopened the meeting and then adjourned. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 5:40 p.m. Packet Page Number 5 of 285 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, July 6, 2009 Council Chambers, City Hall 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 5:27 p.m. by Mayor Longrie. B. ROLL CALL A F9 Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA Present Present Present Present Present Councilmember Nephew Seconded by Councilmember Rossbach. The motion passed. UNFINISHED BUSINESS' None. NEW BUSINESS Ayes — All 1. Presentation Of Comprehensive Annual Financial Report (CAFR) For 2008 a. Finance Director, Bob Mittet gave the presentation and answered questions of the council. 2. Presentation On Proposed Adjustments To Revenue And Expenditures For 2009 a. Assistant City Manager, Public Works Director, Chuck AN gave the presentation and answered questions of the council. 3. Presentation On Outlook for 2010 Budget a. City Manager, James Antonen gave the presentation and answered questions of the council. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:18 p.m. Packet Page Number 6 of 285 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 p.m., Monday, July 13, 2009 Council Chambers, City Hall A. 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 5:30 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Absent Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew Seconded by Councilmember Juenemann. Ayes — All The motion passed. D. UNFINISHED BUSINESS' 1. Presentation of 2010 -2014 Capital Improvement Plan a. Assistant City Manager, _Public Works Director, Chuck Ahl gave the presentation and answered questions of the council. b. City Manager, James Antonen answered question of the council. E. NEW BUSINESS F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6 :27 p.m. Packet Page Number 7 of 285 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, July 13, 2009 Council Chambers, City Hall Meeting No.14 -09 A. CALL TO ORDER AGENDA ITEM E4 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA The council requested the following items be added to the agenda: Councilmember Juenemann H1. National Night Out Update Mayor Longrie H2. Emerald Ash Borer. Councilmember Nephew H3. Alarm Permits Councilmember Nephew Seconded by Council The motion passed. E. APPROVAL OF MINUTES June 22, 2009, Council Workshop Minute Approval Ayes — All Councilmember Rossbach moved to approve the June 22, 2009, council workshop minutes as submitted. Seconded by Councilmember Nephew. Ayes — All The motion passed. Packet Page Number 8 of 285 rove the agenda as amended. Approval of June 22, 2009, City Council Meeting Minutes F 1W IN Councilmember Nephew had corrections to the minutes on page 6 of 219, under approval of June 8, 2009 minutes, the Seconded by motion is missing Councilmember Juenemann's name. On page 16 of 219, item M4., the Seconded by motion is shown twice and the duplicate motion should be removed. On page 23 or 219 item M6. Councilmember Rossbachs motion should say in 2010 rather than 4P4 -2010. On page 24 of 219 under city manager performance review, there was a discussion of a goals workshop and the date of August 3, 2009, was agreed upon and that should be included in the minutes for the record. Councilmember Nephew moved to approve the June 22, 2009, council meeting minutes as amended. Seconded by Councilmember Rossbach The motion passed. VISITOR PRESENTATIONS — P Ayes — All 1. Jason Schuller, South Maplewood. Mr. Schuller discussed his opinion about the decision that was made by Councilmember Rossbach and Juenemann regarding the Wood Task Force. 2. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick had questions regarding how many tickets are issued in the city for traffic violations such as parking over the white line. He was also concerned about City Manager Antonen's residency in Minnesota and whether the license plate on Mr. Antonen's vehicle was in violation since Mr. Antonen has lived in Maplewood for four months. ADMINISTRATIVE PRESENTATIONS COUNCIL PRESENTATIONS 1. National Night Out — Councilmember Juenemann said Tuesday, August 4, 2009 is National Night Out and for more information residents can call the hotline number at 651- 249 -2077 or go to the City of Maplewood website and sign up under the Police Department. 2. Emerald Ash Borer — Mayor Longrie found information at the Isanti County Courthouse regarding information on the Emerald Ash Borer. For further information people can visit the Minnesota Department of Agriculture for a copy of this information. 3. Alarm Permits — Councilmember Nephew said a Maplewood resident had contacted him regarding an alarm permit fee the resident was unaware they had to pay after having a false Packet Page Number 9 of 285 alarm. Councilmember Nephew said he would bring the topic up again at a council meeting. Councilmember Nephew proposed the alarm permit fee allows for one free false alarm. Councilmember Nephew asked for input from the council. Then stated maybe the council could have a workshop regarding false alarms. APPOINTMENTS AND PRESENTATIONS 1. Resolution Of Appreciation For Rita Andreoli — HRA a. Planner, Michael Martin read the resolution aloud. Mayor Longrie moved to approve the resolution of appreciation for Rita Andreoli. RESOLUTION 09 -07 -214 OF APPRECIATION WHEREAS, Rita Andreoli has been a member of the Maplewood Housing and Redevelopment Authority for nearly two years, since her appointment to the HRA by the city council on August 8, 2007, until May 18, 2009, and has served faithfully in that capacity; and WHEREAS, the Housing and Redevelopment Authority has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Andreoli has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Andreoli has shop contributed her leadership and effort for to her duties and has consistently the City. NOW, THEREFORE, IT IS HEREBY F Maplewood, Minnesota, and its citizens tha and appreciation for her dedicated, service. Passed by the Maplewood City Council on July 13, 2009 VED for and on behalf of the City of Andreoli is hereby extended our gratitude Diana Longrie, Mayor Passed by the Maplewood Housing and Redevelopment Authority On June 10, 2009 Gary Pearson, Chairperson Attest: Karen Guilfoile, City Clerk Seconded by Councilmember Juenemann. Ayes — All The motion passed. J. PUBLIC HEARINGS Packet Page Number 10 of 285 1. Holloway Avenue and Stanich Highlands Area Improvements, Project 49 -13 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement After Public Hearing (4 Votes) 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 answered questions of the council. Mayor Longrie opened the public hearing. 1. James Leslie, 1721 Ruth Street, Maplewood. (spoke twice) 2. John Syring, 2226 Holloway Avenue, Maplewood. 3. Shelly Hoga, representing the apartment building at Holloway Avenue & North St. Paul Rd. 4. Gene Miller, 1956 Kingston Avenue, Maplewood. 5. Julie Beitler, 1915 Price Avenue, Maplewood. 6. Pete Frank, 1921 Price Avenue, Maplewood 7. Maria T., 1915 Price Avenue, Maplewood. 8. John Panian,1930 Ripley Avenue, Maplewood 9. Joan Miller, 1956 Kingston Avenue, Maplewood. 10. Roger Carle, 2060 Holloway Avenue, Maplewood. Mayor Longrie closed the public hearing. Councilmember Nephew difference in the Ripley Avenue Assessments for mill and overlay only. Including the two - year assessment deferral. RESOLUTION 09 -07 -215 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 22n day of June, 2009, fixed a date for a council hearing on the proposed street and utility improvements for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, AND WHEREAS, ten days mailed notice and published notice of the hearing was given as stipulated in state statute, and the hearing was duly held on July 13 2009, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; AND WHEREAS, the city engineer or designated representative had been duly directed on June 22 2009 to prepare final plans and specifications for the making of said improvement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $3,870,000. a. 2 year interest free deferral is granted to all parcels. b. Ripley assessment shall be reduced to reflect mill /overlay rate. c. Decreased assessment financing shall be offset by GO Improvement Bonds increase. Packet Page Number 11 of 285 2. That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Holloway Avenue and Stanich Highlands Area, Project 09- 13. 3. Such improvement is hereby ordered as proposed in the council resolution adopted this 13 day of July 2009. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $3,870,000 shall be established as previously approved on June 22n 2009. The proposed financing plan is as follows: Financing Source Amount City of Maplewood — G.O. Improvement Fund $ 1,203,737 City of Maplewood Street Assessments $ 686,013 City of Maplewood Storm Assessments $ 74,250 City of Maplewood Sanitary Sewer Utility Fund $ 94,000 City of Maplewood M.S.A. — Bonds $ 434,500 City of Maplewood WAC Funds for St. Paul $ 45,300 City of Maplewood Environmental Utility Fund $ 152,000 City of North St. Paul Street Assessments $ 129,868 City of North St. Paul Funds $ 342,632 SPRWS Funds $ 621,700 Ramsey County Funds $ 56,000 Maplewood Driveway Replacement Program $ 30,000 Total Seconded by Councilmember Juen Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie The motion passed Councilmember Nephew made a ly amendment modifying the amount in the finan The Council took a break at 8:20 p.m. The Council reconvened at 8:30 p.m. 2. Gladstone Phase I — City Project 04 -21 — Consider Resolution Ordering Improvement To Construction (4 Votes) a. Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Mayor Longrie opened the public hearing 1. Christopher Hemple, 1120 Garden Avenue, Maplewood. 2. Jon Horn, Kimley -Horn & Associates, Inc., 2550 University Avenue, St. Paul addressed and answered questions of the council. 3. Bob Erickson, Welch Companies, addressed and answered questions of the council. 4. Link Wilson from an architectural firm addressed and answered questions of the council. Mayor Longrie closed the public hearing. Packet Page Number 12 of 285 Councilmember Hjelle moved to approve the resolution ordering the improvement project (Option #1) to construction. RESOLUTION 09 -07 -216 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 22n day of June, 2009, fixed a date for a council hearing on the proposed street and utility improvements for the Gladstone Area Improvements – Phase 1, City Project 04 -21, AND WHEREAS, ten days mailed notice and published notice of the hearing was given as stipulated in state statute, and the hearing was duly held on July 13 2009, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; AND WHEREAS, the city engineer or designated representative had been duly directed on June 22n 2009 to prepare final plans and specifications for the making of said improvement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The council will consider the improvement of such streets, utilities and drainage improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $3,000,000. 2. That it is necessary, t that the City of Maplewood make im Project 04 -21. ble, as detailed in the feasibility report, ne Area Improvements —Phase I, 3. Such improvement is hereby ordered as proposed in the council resolution adopted this 13 day of July 2009. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $3,000,000 is approved as detailed in the Feasibility Report. Seconded by Councilmember Rossbach. Ayes – All The motion passed 3. Economic Development Authority a. First Reading – Adopting An Ordinance Establishing The Maplewood Area Development Authority i. City Manager, James Antonen addressed the council regarding this item. ii. City Attorney, Alan Kantrud gave specifics of the ordinance and answered questions of the council. Mayor Longrie opened the public hearing Mark Jenkins, 830 New Century Boulevard, Maplewood, addressed the council. Mayor Longrie closed the public hearing. Packet Page Number 13 of 285 Councilmember Nephew moved to approve the First Reading of the Ordinance forming the Maplewood EDA and directing staff to bring the matter back for second reading at the next meeting of council, The notice of the new entity shall be published as required and the EDA will be active upon said publication. Seconded by Councilmember Hjelle. The motion passed. Ayes — All b. Consider Resolution Establishing The Maplewood Business and Economic Development Advisory commission (BEDC) a. City Attorney, Alan Kantrud gave the report and answered questions of the council. b. City Manager, James Antonen answered questions of the council. Councilmember Nephew mentioned mistakes in the document. Councilmember Nephew moved to approve the first reading of the ordinance approving the about members shall be owners. and statina that 3 rs should be small business Seconded by Mayor Longrie. The motion passed. Councilmember Hjelle N1, N2 and L5, Seconded by Councilmember Nephew. The City Council took a short recess. The City Council reconvened. BE Ayes — All Mayor Longrie moved to move M2 to Unfinished Business after the recess because the applicant would like to address the council. Seconded by Councilmember Nephew. Ayes — All The motion passed. Packet Page Number 14 of 285 K. UNFINISHED BUSINESS M2. Approval of Conditional Use Permit Review — Gethsemane Senior Housing, South of 2410 Stillwater Road (HEARD OUT OF ORDER) a. Acting City Manager, Public Works Director introduced specifics of the report. i. Robert Van Slyke 2845 North Hamline Avenue, Roseville addressed and answered questions of the council. Councilmember Hjelle moved to approve the conditional use permit review for Gethsemane Senior Housing, South of 2410 Stillwater Road and again in one year. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 1. Consider Resolution Approving Extension To Open Space Purchase Option Within Carver Crossing Development Contract (To Be Tabled to July 27, 2009) a. City Attorney, Alan Kantrud reported. 2. Resolution To Revise the 2009 Budget (Tabled until July 20, 2009) a. Reduce 2009 Revenue Estimates b. Reduce 2009 Expenditure Summary c. Revise 2009 Fund Transfers L. NEW BUSINESS 1. Markham Pond Retaining Wall Improvement City Project 05 -18 a. Consider Resolution Receiving Property Owner Improvement Petition b. Approving Improvement Agreement With Property Owner c. Approving Plans And Specifications For Improvement And Authorizing Receipt Of Bids i. Assistant City Manager, Public Works Director Chuck Ahl introduced specific of the report. ii. City Attorney, Alan Kantrud gave the report and answered questions of the council. 1. Emil Sturzenegger, 2455 Londin Lane, Maplewood. 2. Ralph Sletten, 2747 Clarence Street North, Maplewood. Councilmember Nephew moved to approve the resolution receiving the project petition from Azure Properties, Inc., approving the Improvement Agreement with Azure Properties, Inc., which authorizes the Mayor and City Manager to execute the agreement, approves the project plans and specifications and authorizes the receipt on August 5, 2009, for the Markham Pond Retaining Wall, City Proiect 05 -18. RESOLUTION 09 -07 -217 RECEIVING A PROJECT PETITION APPROVING AND IMPROVEMENT AGREEMENT APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING RECEIPT OF BIDS WHEREAS, pursuant to authorization of the council adopted June 13th, 2005, a report has been prepared by SEH Engineers, Inc. with reference to the improvement of Markham Pond Retaining Wall, City Project 05 -18, and this report was received by the council on April 23, 2007 and said report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, and WHEREAS, on October 13, 2008, the City Engineer was authorized to have made the preparation of plans and specifications in preparation for a project, and Packet Page Number 15 of 285 WHEREAS, on October 13, 2008, the City Attorney was directed to negotiate an improvement agreement with Azure Properties, Inc. for the improvement project as detailed within the improvement report, and WHEREAS, the City Engineer has presented to the City Council final plans and specifications as prepared by S.E.H. Engineers, and WHEREAS, the City Attorney has presented a final version of an Improvement Agreement with Azure Properties whereby Azure Properties hereby petitions for an improvement as detailed within the improvement report and waives their right to hearing and assessment objection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, THAT: 1. The petition as submitted by Azure Properties, Inc. for the improvement of the retaining wall in accordance with Option 2A within the report for Markham Pond Improvements is hereby received and acknowledged noting the waiver of a hearing requirement and assessment objection. 2. The Improvement Agreement is hereby received and approved, establishing project conditions and easements and the Mayor and City Manager are hereby authorized and directed to execute said agreement. 3. The project plans and specifications, as prepared by S.E.H. Engineers, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 4. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 5 th day of August, 2009, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a`certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 5. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 13 2009. Seconded by Councilmember Rossbach. The motion passed. Further conversation continued among the council. Councilmember Rossbach moved to call to question Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie & Councilmember Hjelle Packet Page Number 16 of 285 Seconded by Councilmember Nephew. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle 2. Approval Of Agreement Between The City And The Minnesota Department Of Public Safety Regarding Dishonored Check Procedures a. City Clerk, Citizen Services Director, Karen Guilfoile reported. Councilmember Nephew moved to approve the agreement between the City of Maplewood and the Minnesota Department of Public Safety, Driver and Vehicle Services Division for the suspension of registration on vehicles whose owner's present a dishonored check made payable to the City of Maplewood, Deputy Registrar. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Councilmember Nephew earlier L5, N1, N2. Seconded by Councilmember Juenema Ayes — Mayor Longrie, Councilmember Juenemann, Nephew and Rossbach Nom Councilmember Hjelle The motion passed Councilmember Nephew moved to complete the remainder of the agenda items until Monday, July 20, 2009. Seconded by Councilmember Rossbach. Ayes — Mayor Longrie, Councilmember Nephew & Rossbach Nays — Councilmembers Hjelle & Juenemann The motion passed. Packet Page Number 17 of 285 3. Discussion On Administrative Citations — Councilmember Nephew (Tabled until July 20, 2009) 4. Acceptance Of Comprehensive Annual Financial Report (Tabled until July 20, 2009) 5. Suspension Of The Maplewood Monthly Council Corner— Councilmember Nephew a. Councilmember Nephew gave the report. b. City Attorney, Alan Kantrud answered questions of the council. i. Anne Fosburgh, 2516 Idaho Avenue East, Maplewood. (spoke twice) (Ms. Fosburgh presented the city clerk with a petition) ii. Veronica Sletten, 2747 Clarence Street North, Maplewood. iii. Robert Martin, 2329 Londin Lane, Maplewood. iv. Joseph Waters, 2393 Hazelwood Street, Maplewood. V. Mark Jenkins, 830 Century Boulevard, Maplewood. Mayor Longrie read aloud a statement which was provided for the permanent record. Councilmember Rossbach moved to approve the resolution suspending the city council column in the August, September, October and November 2009 issues of Maplewood Monthly. Seconded by Councilmember Nephew. The council did not come to a conclusion but Councilmember Rossbach moved to adjourn Seconded by Counciln my 20, 2009. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie The motion passed to 6. Approval To Pay I 2009) M. CONSENT AGENDA isurance Policies (Tabled until July 20, Councilmember Hjelle moved to approve item 2. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 1. Consider Approval Of Bids For Park Improvements For Goodrich And Vista Hills a. Parks Manager, Doug Taubman gave the report and answered questions of the council. b. Finance Director, Bob Mittet answered questions of the council. i. Park & Recreation Commission Member, Peter Fischer 2443 Standridge Avenue, Maplewood. made a motion to adjourn the meeting. Packet Page Number 18 of 285 Councilmember Rossbach moved to enter into contact Keller Electric, Inc., for Goodrich Park lights for $49,969.00 and Finley Bros. Inc. for $11,970.00 for the resurfacing of the tennis and basketball courts at Vista Hills Park. Funds in the amount of $60,000 have been allocated in the 2009 CIP for park improvements — CIP Project Number PM08.040. identifies $25,000 in funds for General Replacement of Park Equipment, Fences, Courts, etc. and CIP Project Number PM07.010 identifies $35,000 in funds for Community Field upgrades. Further recommending these CIP monies for the identified park improvement projects at Goodrich and at Vista Hills. Eel None. P. ADJOURNMENT Mayor Longrie adjourn Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Consider Approval Of Bid For Maplewood Nature Center Trail a. Parks Manager, Doug Taubman gave the report and answered questions of the council. Councilmember Nephew moved to approve the bid from Trail Source, LLC. for $16,825 for trail renovation and maintenance at Maplewood Nature Center. Further recommending that 50% of the project cost up to $12,245, be provided by the Federal Trail Grant and 50% of the project cost up to $12,245 be funded from GIP #PM07.100. Seconded by Councilmember Juenemann The motion passed. VISITOR PRESENTATIONS — PART 11 Ayes — All 1:46 a.m. Packet Page Number 19 of 285 Agenda Item G1 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager SUBJECT: Notice of City Council — Manager Work Session Meeting August 3, 2009 at 5:00 pm Topic: Discussion of Goals and Expectations of City Manager Antonen DATE: July 22, 2009 INTRODUCTION The City Council has indicated that they wish to discuss the goals and expectations that they have for the City. As part of that goals consideration discussion, this will provide City Manager Jim Antonen direction and expectations regarding his performance and objectives. This item has been provided on the agenda as notice of the meeting and so that the Council can prepare, in advance, for the discussion. Following the establishment of the goals and expectations for Mr. Antonen, the Council has called for a performance evaluation of Mr. Antonen for September 17, 2009 at 5:30 pm. RECOMMENDATION There is no action required for this item. Packet Page Number 20 of 285 Agenda Item K1 AGENDA REPORT TO: City Manager, Jim Antonen FROM: H. Alan Kantrud, City Attorney SUBJECT: Consider Resolution For Extension of Option to Purchase Open Space within Carver Crossing DATE: July 22, 2009 INTRODUCTION The City Council tabled the matter of considering a resolution authorizing the Extension of the Option Agreement in order for the City Attorney and staff to confer with the successor in interest of the land, Lakeland Financial. While those conversations have been positive, the City currently has a contract with the underlying developer, CoPar Companies. Staff needs time to work between the oower of the land (Lakeland) and the party the City is contracted with (CoPar) to determine how to proceed, if at all, with the agreement. Staff will bring the matter back to Council when more information becomes available or an offer to move forward is made. RECOMMENDATION Please table this item until such time as staff can make a full recommendation for action. Packet Page Number 21 of 285 DATE: July 22, 2009 TO: City Council FROM: H. Alan Kantrud, City Attorney SUBJECT: Maplewood EDA Ordinance Second Reading INTRODUCTION On July 13, 2009 a public hearing was held on the creation of a Maplewood EDA and subsequently a first reading of the Ordinance was approved. Although Council passed first reading of the Ordinance, several questions related to operation of the Authority were posed. The questions presented were: What are the tax levy consequences of an EDA; how much "taxing authority" does the body have and is it above and beyond the regular authority. 2: What is the status of the funds ($50,000.00) provided to the "Twin Cities Community Capital Fund" and can the funds be withdrawn? This matter is now before Council second reading and further information from staff. DISCUSSION Attached is the Ordinance for the proposed Economic Development Authority approved by first reading. No changes were recommended. Influence of EDA activity on the Tax Levy The Maplewood EDA will have available to it several mechanisms of funding, including directing general funds directly to it. In terms of it own authority to tax however, the most basic approach is the power to request that the governing body levy up to .01813% of the City's TMV (Minn. Stat. § 469.107) to fund its operations and further its goals. That levy amount would be included for purposes of levy limits and the City could not levy beyond its limit for such operations. The process for this is called out by statute (§ 469.107 subd. 2) and essentially gives the taxpayers the ability to request to not be taxed for EDA funds though a "reverse referendum" process. Another mechanism available to raise funds is bonding (Minn. Stat. § 469.102). Council must approve such bonding by supennajority vote and also must levy the against City's taxable property to pay the principle and interest plus 5% on such bonds (debt service). An EDA may also create special "taxing districts" to address specific concerns such as affordable housing, and may "tax" in that district to further those goals; those districts would also require council action/approval. Mr. Bob Mittet has prepared a short piece for your review on this subject as well, which is included with this report. His report includes the excerpted statutory references as well as communications from other knowledgeable sources such as the Minnesota Department of Revenue. Packet Page Number 22 of 285 Tw=in Cities Community Capital Fund (TCCCF) participation At Council request, Staff also looked into the City's participation in the TCCCF. As a point of interest, the City is actually specifically authorized to participate in this program by Minn. Stat. § 469.191, the same chapter that essentially authorizes local economic development and specifically authorizes our own EDA. That program calls out membership by eligible City (eligibility is based on geography) and offers "tiers" of membership based on the amount contributed to the Fund. Maplewood has contributed $50,000.00 to the Fund and is considered a "Class U participant, having contributed the minimum amount to participate. The program is intended to provide loans to businesses that seek to develop in the member -City. To qualify for the loan, a business needs to be sponsored by the member -city, have a financial partner/lending institution that it is working with, and meet other criteria regarding net worth and collateralization. The program is arguably more useful for the expansion of an existing entity than for start-ups due to its requirements (for example, the Fund recently highlighted the expansion of the Cloquet Community hospital as a successful project), but it is advantageous because it allows members to loan up to ten times the amount that the member has contributed to the fundin the case of Maplewood up to $500,000.00 is available. While membership is voluntary and the funds can be called back at any time, staff recommends that the EDA consider this first and perhaps consider having the City transferring "member" authority from the City to the EDA and use that generous lending authority itself as many FDA's do now. In the alternative, the City has met its participation obligations and could have the funds returned following council action within 30 days. RECOMMENDATION Staff is recommending that the Council approve second /final reading of the Ordinance forming the Maplewood EDA and direct staff to make the appropriate publication of the action. Packet Page Number 23 of 285 ORDINANCE NO: AN ORDINANCE ESTABLISHING THE MAPLEWOOD AREA ECONOMIC DEVELOPMENT AUTHORITY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: SECTION 1. Definitions Subdivision 1. Common terms As used in this Ordinance, the terms defined have the meanings given them. Subd 2. "Authority" - an Economic Development Authority as defined by Minnesota Statutes 469.090 through 469.1081. Subd. 3. "City' - the City of Maplewood, Minnesota. Subd. 4. "Council" - the duly elected governing body of the City of Maplewood, Minnesota. Subd. 5. "The Act" - Minnesota Statues 469.090 through 469.1081. Subd. 6. "Enabling Resolution" - this Ordinance. SECTION 2. Establishment An Economic Development Authority is established which shall have all of the powers, duties and responsibilities of an Economic Development Authority pursuant to Minnesota Statues 469.090 through 469.1081. It shall be the role and responsibility of the Authority to carry out economic and industrial development and redevelopment within the Maplewood area pursuant to Bylaws as may be adopted by the Authority. It shall confer with other City departments, and other public and private groups on matters relating to business and industrial development and periodically survey the area's industrial and commercial climate and report regularly to the Council. SECTION 3. Name The Economic Development Authority created by the Enabling Resolution shall be known as the Maplewood Area Economic Development Authority. SECTION 4. Members The Authority shall consist of the Mayor and members of the City Council. The City Manager shall act as Director and ex officio member. Members may be reimbursed for expenses pursuant to City reimbursement policies. SECTION 5. Administration Subdivision 1. Bylaws The Authority shall adopt Bylaws and rules of procedure for administration of its affairs. Subd. 2. Officers The Authority shall elect a chair and a vice -chair on an annual basis. The City Manager or designee shall serve as the Treasurer. Subd. 3. Professional service contracts The Authority may employ technical experts and Packet Page Number 24 of 285 professionals as deemed necessary. Their salaries and duties shall conform to City policy. Subd. 4. Duties and powers The Officers shall have the duties and powers of their offices and other powers and duties as may be delegated by the Authority, the Bylaws, and the Act. No Act of the Authority may be in conflict with the City's current Comprehensive Plan or controls instituted to effectuate the Plan. No action of the Authority is authorized that is in conflict with any official action previously taken by the City Council Subd. 5. Meetings The Authority shall meet quarterly and at such other times as necessary. SECTION 6. Modification All modifications to the Enabling Resolution must be by Ordinance and must be adopted after notice and Public Hearing conducted as required for the original adoption of the Enabling Resolution. SECTION 7. Report to Council The Authority shall submit a written report of its activities and recommendations for modification of the Enabling Resolution to the Council at least annually. SECTION 8. Director The City's Manager or designee shall attend all meetings of the Authority, shall serve as a consultant and advisor to the Authority and shall make quarterly reports to the Council. SECTION 9. Conflicts of Interest Except as authorized by Minnesota Statute 471.88, a Member, Officer or employee of the Authority may not have a substantial conflict of interest, in projects undertaken by the Authority. SECTION 10. Bum Subdivision 1. Fiscal budget The Authority shall prepare and submit to the Council a detailed budget. A special fund shall be established and designated as the "Development Authority Fund." The Council shall appropriate to the fund money it deems necessary for Authority purposes. This shall constitute the budget of the Authority. All payments drawn on the account of the Authority shall be by written statement signed by two officers of the Authority, directing the City Manager to prepare and deliver payment. All expenditures shall be consistent with the operation of the Authority pursuant to this Ordinance and Minnesota Statutes. Subd. 2. Audit All financial records of the Authority shall be prepared, audited, and filed with the City, said records being coordinated by the City Finance Department at the direction of the City Manager. SECTION 11. Schedule of powers Subdivision. 1. Development districts The Authority may create and define the boundaries of economic development districts and use the powers granted to carry out economic development in these districts. Subd. 2. Acquire property The Authority may acquire, by lease, purchase, devise or through condemnation proceedings, title in property to create economic development in these districts. Property acquired, leased, owned, controlled, used or occupied by the Authority for any of the purposes of Section 469101, Subd. 2 of Minnesota Statutes is for public governmental and municipal purposes and is exempt from taxation by the state or its political subdivisions. The Packet Page Number 25 of 285 exemption from property taxes only applies while the Authority holds the property for its own purposes). Subd. 3. Options The Authority may negotiate and acquire options to purchase, sell or lease property for the purpose of economic development. Subd. 4. Contracts The Authority may make contracts for the purpose of economic development. Subd. 5. Limited partnerships The Authority may become a limited partner in a partnership. Subd. 6. Rights and easements The Authority may acquire rights or easements for a term of years or perpetually. Subd. 7. Receive public property The Authority may accept land, money or other assistance, whether by gift, grant, loan or otherwise in any form from federal, state, local government, any agency of either or a local division of state government. Subd. 8. Public facilities The Authority may operate, maintain a public parking facility, housing facility or other public facilities to promote economic development in the area. Subd. 9. Other Mowers The Authority shall have such other powers as authorized as described in the Act. SECTION 12. General obligation and revenue bonds The Authority may issue general obligation bonds or revenue bonds after receiving the approval and authorization by four -fifths vote of the Council and in accordance with the provisions of the Act. SECTION 13. This Ordinance shall take effect and be in force upon passage and publication. Adopted by the Maplewood City Council this Packet Page Number 26 of 285 To: Jim Antonen, City Manager From: Bob Mittet, Finance Director Date: July 20, 2009 Re: Economic Development Authorities — Levy Considerations BACKGROUND A question arose at the last City Council meeting regarding the ability of an Economic Development Authority (EDA) to levy property taxes. I have consulted with Terri Heaton of Springsted and Shawn Wink of the Minnesota Department of Revenue and have looked through the applicable statutes. FINDINGS 1. Under Section 469.107 subd.1 of Minnesota Statutes, the EDA levy is done as part of the City's levy so is part of the levy limit consideration. It has a maximum rate of .01813% of Taxable Market Value (TMV). Based on a TMV of $3,921,346,000, the maximum levy would be $710,940.03. 2. Under Section 469.107 subd.2 of Minnesota Statutes, a reverse referendum will allow the maximum levy to be exceeded provided: a. City Council approves the proposed levy increase. b. City publishes the resolution for two successive weeks and call public hearing. c. After the hearing, the city council may decide to take no action or may adopt a resolution authorizing the proposed increase or a lesser increase. A resolution authorizing an increase must be published in the city's official d. newspaper. The resolution is not effective if a petition requesting a referendum on the resolution is filed with the city clerk within 30 days of publication of the resolution. The petition must be signed by voters equaling five percent of the votes cast in the city in the last general election. 3. Section 469.033 subd.6 provides that EDA's are considered special taxing districts when they are given the authority to levy on their own. Packet Page Number 27 of 285 4. Section 469.102 subd.1 states that EDA's have the authority to issue general obligation bonds when authorized by two- thirds of the council. Subd.5 provides that the EDA may levy for debt service on bonds issued under subd.1. 5. Incidentally, an HRA may levy independently of the City's levy. Item 3 above on special taxing districts will require some more research I had earlier indicated that an additional amount equal to 10% of the levy amount could be additionally levied. That provision applies only to port authorities so I was mistaken in that statement. Packet Page Number 28 of 285 From: Shawn Wink (MDOR) [mailto:Shawn.Wink @state.mn.us] Sent: Monday, July 20, 2009 12:19 PM To: Robert Mittet Subject: RE: Levy Limits with an Economic Development Authority EDAs are a bit complicated when talking about levy authority. EDAs are consider special taxing districts when they are give the authority to levy on their own. 469.033, subdivision 6 and 469.102, subdivision 5 provide them with this authority. However, 469.107 requires the city or county to levy on behalf of the EDA so in this case they are not consider a special taxing district but are part of the county or city levy. So if the EDA is levying under 469.107 then the levy would fall under the levy limit of the city. It the EDA was levying under 469.033, subdivision 6 or 469.102, subdivision 5 then the levy would stand on its own and would not impact the city levy limit. From: Robert Mittet [ mai Ito: robert .mittet @ci.maplewood.mn.us] Sent: Monday, July 20, 2009 9:47 AM To: Shawn Wink (MDOR) Subject: Levy Limits with an Economic Development Authority Shawn, Maplewood is in the process of setting up an EDA and I am wondering if you can let me know the options we have for funding. Do the levies available to an EDA for funding it's activities and funding operations become a reduction of the city's levy? Does the EDA levy stand on it's own? Is the EDA levy a special levy? Robert Mittet Finance Director City of Maplewood 1830 E. County Road B Maplewood, MN 55109 651- 249 -2902 Direct 651- 249 -2909 Fax Packet Page Number 29 of 285 MINNESOTA STATUTES 2008 469.033 469.033 PUBLIC REDEVELOPMENT COST; PROCEEDS; FINANCING. Subdivision 1. Financing plans authorized. The entire cost of a project as defined in section 469.002, subdivision 12, including administrative expense of the authority allocable to the project and debt charges and all other costs authorized to be incurred by the authority in sections 469.001 to 469.047, shall be known as the public redevelopment cost. The proceeds from the sale or lease of property in a project shall be known as the capital proceeds. The capital proceeds from land sold may pay back only a portion of the public redevelopment cost. An authority may finance the projects in any one or by any combination of the following methods. Subd. 2. Federal grants. The authority may accept grants or other financial assistance from the federal government as provided in sections 469.001 to 469.047. Before it uses other financial methods authorized by this section, the authority shall use all federal fiends for which the project qualifies. Subd. 3. Bond issue. An authority may issue its bonds or other obligations as provided in sections 469.001 to 469.047. Subd. 4. Revenue pool; use. The authority may provide that all revenues received from its redevelopment areas be placed in a pool for the payment of interest and principal on all bonds issued for any redevelopment project, and the revenue from all such areas shall be paid into the pool until all outstanding bonds have been fully paid. Subd. 5. Special benefit tax fund. If the authority issues bonds to finance a redevelopment project, it may, with the consent of the governing body obtained at the time of the approval of the redevelopment plan as required in section 469.028, notify the county treasurer to set aside in a special fund, for the retirement of the bonds and interest on them, all or part of the real estate tax revenues derived from the real property in the redevelopment area which is in excess of the tax revenue derived therefrom in the tax year immediately preceding the acquisition of the property by the authority. The county treasurer shall do so. This setting aside of funds shall continue until the bonds have been retired. This subdivision applies only to property that the governing body has by resolution designated for inclusion in a project prior to August 1, 1979. Subd. 6. Operation area as taxing district, special tax. All of the territory included within the area of operation of any authority shall constitute a taxing district for the purpose of levying and collecting special benefit taxes as provided in this subdivision. All of the taxable property, both real and personal, within that taxing district shall be deemed to be benefited by projects to the extent of the special taxes levied under this subdivision. Subject to the consent by resolution of the governing body of the city in and for which it was created, an authority may levy a tax upon all taxable property within that taxing district. The tax shall be extended, spread, and included Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reckatdaage Number 30 of 285 2 MINNESOTA STATUTES 2008 469.033 with and as a part of the general taxes for state, county, and municipal purposes by the county auditor, to be collected and enforced therewith, together with the penalty, interest, and costs. As the tax, including any penalties, interest, and costs, is collected by the county treasurer it shall be accumulated and kept in a separate fund to be known as the "housing and redevelopment project fund." The money in the fund shall be turned over to the authority at the same time and in the same manner that the tax collections for the city are turned over to the city, and shall be expended only for the purposes of sections 469.001 to 469.047. It shall be paid out upon vouchers signed by the chair of the authority or an authorized representative. The amount of the levy shall be an amount approved by the governing body of the city, but shall not exceed 0.0185 percent of taxable market value. The authority shall each year formulate and file a budget in accordance with the budget procedure of the city in the same manner as required of executive departments of the city or, if no budgets are required to be filed, by August 1. The amount of the tax levy for the following year shall be based on that budget. Subd. 7. Inactive authorities; transfer of funds; dissolution. The authority may transfer to the city in and for which it was created all property, assets, cash or other funds held or used by the authority which were derived from the special benefit tax for redevelopment levied pursuant to subdivision 6 prior to March 6, 1953, whenever collected. Upon any such transfer, an authority shall not thereafter levy the tax or exercise the redevelopment powers of sections 469.001 to 469.047. All cash or other funds transferred to the city shall be used exclusively for permanent improvements in the city or the retirement of debts or bonds incurred for permanent improvements in the city. An authority which transfers its property, assets, cash, or other funds derived from the special benefit tax for redevelopment and which has not entered into a contract with the federal government with respect to any low -rent public housing project prior to March 6, 1953, shall be dissolved as herein provided. After a public hearing after ten days' published notice thereof in a newspaper of general circulation in the city, the governing body of a city in and for which an authority has been created may dissolve the authority if the authority has not entered into any contract with the federal government or any agency or instrumentality thereof for a loan or a grant with respect to any urban redevelopment or low -rent public housing project. The resolution or ordinance dissolving the authority shall be published in the same manner in which ordinances are published in the city and the authority shall be dissolved when the resolution or ordinance becomes finally effective. The clerk of the governing body of the municipality shall furnish to the commissioner of employment and economic development a certified copy of the resolution or ordinance of the governing body dissolving the authority. All property, records, assets, cash, or other funds held or used by an authority shall be transferred to and become the property of the municipality and cash or other funds shall be used as herein provided. Upon Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reckatdaage Number 31 of 285 3 MINNESOTA STATUTES 2008 469.033 dissolution of an authority, all rights of an authority against any person, firm, or corporation shall accrue to and be enforced by the municipality. History: 1987 c 291 s 33; 1987 c 312 art 1 s 26 subd 2; 1988 c 719 art S s 84; 1989 c 209 art 2 s 1; 1989 c 277 art 4 s 61; ISp1989 c I art 5 s 35; art 9 s 63; 1993 c 320 s 5; 1994 c 416 art I s 47; 1994 c 614s 9; 1997 c 7 art I s 142; 1997 c 231 art 2s 43; ISp2003 c 4 s 1; ISp2005 c 3 art I s 28; 2008 c 366 art 5 s Il Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reckatdaage Number 32 of 285 MINNESOTA STATUTES 2008 469.102 469.142 GENERAL OBLIGATION BONDS. Subdivision 1. Authority; procedure. An economic development authority may issue general obligation bonds in the principal amount authorized by two- thirds majority vote of its city's council. The bonds may be issued in anticipation of income from any source. The bonds may be issued: (1) to secure funds needed by the authority to pay for acquired property or (2) for other purposes in sections 469.090 to 469.108. The bonds must be in the amount and form and bear interest at the rate set by the city council. Except as otherwise provided in sections 469.090 to 469.108, the issuance of the bonds is governed by chapter 475. The authority when issuing the bonds is a municipal corporation under chapter 475. Subd. 2. Detail; maturity. The authority with the consent of its city's council shall set the date, denominations, place of payment, form, and details of the bonds. The bonds must mature serially. The first installment is due in not more than three years and the last in not more than 30 years from the date of issuance. Subd. 3. Signatures; coupons; liability. The bonds must be signed by the president of the authority, be attested by its secretary, and be countersigned by its treasurer; the signatures may be facsimile signatures. The interest coupons if any, must be attached to the bonds. The coupons must be executed and authenticated by the printed, engrossed, or lithographed facsimile signature of the authority's president and secretary. The bonds do not impose any personal liability on a member of the authority. Subd. 4. Pledge. The bonds must be secured by the pledge of the full faith, credit, and resources of the issuing authority's city. The authority may pledge the full faith, credit, and resources of the city only if the city specifically authorizes the authority to do so. The city council must first decide whether the issuance of the bonds by the authority is proper in each case and if so, the amount of bonds to issue. The city council shall give specific consent in an ordinance to the pledge of the city's full faith, credit, and resources. The authority shall pay the principal amount of the bonds and the interest on it from taxes levied under this section to make the payment or from authority income from any source. Subd. 5. Tax levy. An authority that issues bonds under this section, shall, before issuing them, levy a tax for each year on the taxable property in the authority's city. The tax must be for at least five percent more than the amount required to pay the principal and interest on the bonds as the principal and interest mature. The tax must be levied annually until the principal and interest are paid in full. After the bonds have been delivered to the purchasers, the tax must not be repealed until the debt is paid. After the bonds are issued, the authority need not take any more action to authorize extending, assessing, and collecting the tax. On or before September 15, the Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reckatdaage Number 33 of 285 2 MINNESOTA STATUTES 2008 469.102 authority's secretary shall send a certified copy of the levy to the county auditor, together with full information on the bonds for which the tax is levied. The county auditor shall extend and assess the levied tax annually until the principal and interest are paid in full. The authority shall transfer the surplus from the excess levy in this section to a sinking fund after the principal and interest for which the tax was levied and collected is paid. The authority may direct its secretary to send a certificate to the county auditor before September 15 in a year. The certificate must state how much available income, including the amount in the sinking fund, the authority will use to pay principal or interest or both on each specified issue of the authority's bonds. The auditor shall then reduce the bond levy for that year by that amount. The authority shall then set aside the certified amount and may not use it for any purpose except to pay the principal and interest on the bonds. The taxes in this section shall be collected and sent to the authority by the county treasurer as provided in chapter 276. The taxes must be used only to pay the bonds when due. Subd. 6. Authorized securities. Bonds legally issued under this chapter are authorized securities under section 50.14. A savings bank, trust company, or insurance company may invest in them. A public or municipal corporation may invest its sinking funds in them. The bonds may be pledged by a bank or trust company as security for the deposit of public money in place of a surety bond. The authority's bonds are instrumentalities of a public governmental agency. History: 1987 c 291 s 103; 1994 c 416 art Is 49; 1995 c 256 s 9; 2002 c 390s 8 Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reckatdaage Number 34 of 285 MINNESOTA STATUTES 2008 469.107 469.147 CITY MAY LEVY TAXES FOR ECONOMIC DEVELOPMENT AUTHORITY. Subdivision 1. City tax levy. A city may, at the request of the authority, levy a tax in any year for the benefit of the authority. The tax must be not more than 0.0 18 13 percent of taxable market value. The amount levied must be paid by the city treasurer to the treasurer of the authority, to be spent by the authority. Subd. 2. Reverse referendum. A city may increase its levy for economic development authority purposes under subdivision I in the following way. Its city council must first pass a resolution stating the proposed amount of levy increase. The city must then publish the resolution together with a notice of public hearing on the resolution for two successive weeks in its official newspaper or if none exists in a newspaper of general circulation in the city. The hearing must be held two to four weeks after the first publication. After the hearing, the city council may decide to take no action or may adopt a resolution authorizing the proposed increase or a lesser increase. A resolution authorizing an increase must be published in the city's official newspaper or if none exists in a newspaper of general circulation in the city. The resolution is not effective if a petition requesting a referendum on the resolution is filed with the city clerk within 30 days of publication of the resolution. The petition must be signed by voters equaling five percent of the votes cast in the city in the last general election. The election must be held at a general or special election. Notice of the election must be given in the manner required by law. The notice must state the purpose and amount of the levy. History: 1987 c 291 s 108; 1988 c 719 art 5s 84; 1989 e 277 art 4s 64; 1992 c 511 art 5 s 13 Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reckatdaage Number 35 of 285 DATE: July 22, 2009 TO: City Council FROM: H. Alan Kantrud, City Attorney SUBJECT: Maplewood BEDC Ordinance second reading INTRODUCTION On July 13, 2009 Council considered, and passed first reading of, an ordinance establishing a "business and economic development commission" or "BEDC" for the City. The BEDC is intended to be a companion entity to the City's Economic Development Authority, also under consideration for second reading this evening. Staff was asked to make minor edits and additions to the language and bring the ordinance back for second reading. DISCUSSION Council identified 4 specific areas that needed modification in the previously presented Ordinance: 1) Eliminate the requirement of compensation for BEDC members in Section 5; 2) Mayor Longrie recommended and Council agreed that 3 of the members called out in Section 5 should be representative of "small business" in Maplewood; 3) Change the word "and" to "as" in Section 6, Subd. 4 (I am also capitalizing the word Handbook for consistency); 4) Change the spelling of the "Lilly" News to the "Lillie" News at the end of the Ordinance (I am changing the publication date as well). Staff has modified the Ordinance per request of Mayor and Council; changes are in bold, with deleted language stricken - through. Staff looked into possible definitions of "small business" and found that the working definition within governmental agencies may be a bit awkward for the City's purposes. So- called "small business" is actually defined differently depending on several criteria, from sales figures to numbers of employees and all varying depending on the trade /industry. An entire guidebook is available to help identify qualifying "small business" entities that is readily available, but that seems too complex an analysis when most people can identify "small business" when they see it... To the above -point Staff has essentially created a working definition for you to consider. The additional language regarding small business representation on the BEDC has been Packet Page Number 36 of 285 included in Section 5 and the working definition of "small business" added to Section 1, regarding definitions, all in bold typeface. RECOMMENDATION Please review the modified ordinance and consider approval of second reading for the formation of a BEDC for the City. Packet Page Number 37 of 285 ORDINANCE NO. i999 C AN ORDINANCE 49894--D ESTABLISHING THE MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION (BEDC) THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: SECTION 1. Definitions Subdivision 1. Common terms As used in this Ordinance, the terms defined have the meanings given them. Subd 2. "Commission" - a Business and Economic Development Commission, or "BEDC" Subd. 3. "City" - the City of Maplewood, Minnesota. Subd. 4. "City Council" - the duly elected governing body of the City of Maplewood, Minnesota. Subd. 5. "Enabling Resolution" - this Ordinance. Subd. 6. "Small Business" — a business whose principal place of operation is in the City of Maplewood and employs thirty people or less and is not a subsidiary of a larger entity or a corporate -owned franchise location. SECTION 2. Establishment A Business and Economic Development Commission is established which shall have all of the powers, duties and responsibilities of a commission pursuant to Minnesota Statues § 13.01, subd. I(c)(5) and formed pursuant to Minnesota Statute § 412.21, subd. 1 -12� SECTION 3. Purpose. It shall be the role and responsibility of the Commission to discuss and make recommendations to the Maplewood Economic Development Authority regarding economic and industrial development and redevelopment within the City of Maplewood pursuant to Bylaws as may be adopted by the Commission. It shall confer with other City departments, the Maplewood Economic Development Authority, the local Chamber of Commerce, the Maplewood Parks Commission, and other public and private groups on matters relating to business and industrial development and periodically survey the area's industrial and commercial climate and report regularly to the Maplewood Economic Development Authority, the Maplewood City Council, or both as directed. SECTION 4. Name The Entity created by the Enabling Resolution shall be known as the Maplewood Business and Economic Development Commission, or BEDC. SECTION 5. Members The Commission shall initially consist of seven (7) members, three (3) of which shall be representative of, "small business," if available to serve, in Maplewood. The Members shall be appointed by the Mayor and City Council, upon approval by majority vote of the same. Those initially appointed shall be appointed for staggered terms consisting of two members appointed to one (1) year terms; two members appointed to two (2) year Packet Page Number 38 of 285 terms; and three members appointed to three (3) year terms, respectively, with a "small business" representative appointed in each of the initial term timeframes. Thereafter, Members are appointed to three (3)-year terms. The Mefftbef:s shall be paid ee is established b� �he Cet aeil Members may be reimbursed for expenses pursuant to City reimbursement policies. SECTION b. Administration Subdivision 1. Bylaws The Commission shall adopt Bylaws and rules of procedure for administration of its affairs. Subd. 2. Chair The Commission shall elect a Chair, and a Vice Chair on an annual Subd. 3. Meetings The Commission shall meet quarterly and at such other times as SECTION 7. Modification All modifications to the Enabling Resolution must be by Ordinance and must be adopted by the City Council by majority vote. SECTION 8. Report to Council The Commission shall submit a written report of its activities and/or recommendations for modification of the Enabling Resolution to the Council at least annually. SECTION 9. Director The City's Manager, of designee, shall attend all meetings of the Commission, shall serve as a consultant and advisor to the Commission and shall make quarterly reports to the Council. SECTION 10. Conflicts of Interest Except as authorized by Minnesota Statute 471.88, a Member of the Commission may not have a substantial conflict of interest in projects undertaken by the Commission. SECTION 11. Intent to Comply. Except as otherwise authorized by Minnesota Statute, it is the intent of the City Council of Maplewood to create the Business and Economic Development Commission as a "standing" body of the City that shall be subject to the rules, regulations, restrictions and requirements as defined in both the Open Meeting Law, § 13D. 01 et seq. and the Minnesota Government Data Practices Act, § 13, et seq. SECTION 12. This Ordinance shall take effect and be in force upon passage and publication. Adopted by the City Council this 13th day of Eeea+:y 42009. Packet Page Number 39 of 285 GEORGE f444ZIEN Diana Longrie_- MAYOR CITY OF Maplewood ATTEST: James Antonen CITY :; T nS R MANAGER An Official Title & Summary of Ordinance Ppublished in the Lillie News on the 2 -78th day of € tiaFy 1999-2009_ Packet Page Number 40 of 285 AGENDA REPORT Agenda Item K.2.c TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director H. Alan Kantrud, City Attorney SUBJECT: Economic Development Authority Consider Accepting and Authorization to Enter into Purchase Agreement with Roadmaster of Minnesota LLC for Parcel on Van Dyke Street North at Castle Avenue DATE: July 22, 2009 INTRODUCTION On June 22, 2009, the City Council acknowledge the receipt of a purchase agreement from Roadmaster of Minnesota LLC for a vacant parcel owned by the City on Van Dyke Street North, near the intersection with Castle Avenue. It is proposed that the Council authorize the property to be conveyed to the Economic Development Authority and to authorize the execution of the purchase agreement provisions. DISCUSSION Attached for the consideration of the City Council is the purchase agreement from Roadmaster of Minnesota LLC who is looking to assemble parcels on the north end of Van Dyke Street near Castle Avenue for the purpose of developing the site. This vacant parcel has been appraised at $420,000, while the purchase agreement is for the sum of $450,000. On June 22 members of the Council indicated some concerns with entering into a sale agreement without knowledge of the intended uses for the City. Due to a confidentiality agreement, the developer is unable to divulge the identity of the end users of the site, because of an existing lease that the end user has at their current location. The developer has provided the attached letter indicating specific uses that will not be a part of the City. In addition, the purchase is subject to a re- zoning request that the City can deny, which would negate the purchase. The Purchase Agreement provides for $10,000 of earnest money to be provided from the developer to the City. This money is a non - refundable deposit, that remains available to the City, unless we determine that we are not interested in the sale, prior to the final closing, which is 60 -90 away, at a minimum. It is the recommendation of the City staff and City Attorney to proceed with this sale at this time. This action is not the final determination of sale, but an indication that given the current conditions, that the City does intend to sell the property so that the developer can apply for the necessary zoning and planning approvals. At this point, the City staff does not foresee concerns with the uses or sale of this property. RECOMMENDATION It is recommended that the City Council adopt a motion to approve the acceptance and authorize the Mayor and City Manager to execute the purchase agreement for the sale of the vacant city parcel on Van Dyke Street North at Castle Avenue according to the conditions provided within said agreement. Attachments: 1. Purchase Agreement from Roadmaster of Minnesota LLC 2. Letter on uses Packet Page Number 41 of 285 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("this Agreement ") is made as of this day of May, 2009, by and between CITY OF MAPLEWOOD, a Minnesota municipal corporation ( "Seller"), and ROADMASTER OF MINNESOTA LLC, a Minnesota limited liability company ( "Buyer "), upon the following terms and conditions: 1. PROPERTY. Buyer offers to purchase and Seller agreed to sell that certain parcel of real property that is located on Van Dyke Street North, in the City of Maplewood, Minnesota (the "City"), and that is assigned Property Tax Identification Number 11- 29 -22 -33 -0022 (the "Property"). The exact legal description of the Property shall be established by the Commitment and confirmed by the Survey. Z PURCHASE PRICE. The price for the Property is Four Hundred Fifty Thousand and 00/100 Dollars ($450,000.00) (the "Purchase Price"), which Buyer shall pay as follows: Ten Thousand and 00/100 Dollars ($10,000.00) (the "Earnest Money"), in cash upon acceptance of this Agreement by Seller, and the balance in cash the Date of Closing (hereinafter defined). The parties hereto agree that the Earnest Money shall be deposited with Stewart Title of Minnesota ("Title"), 150 South Sixth Street, Suite 1330, Minneapolis, Minnesota 55402, to be held in escrow by Title and disbursed as provided in this Agreement. Buyer shall pay all escrow fees charged by Title for holding and disbursing the Earnest Money. 3. DEED; MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed (the "Deed") conveying marketable fee title to the Property, subject to (a) building and zoning laws, ordinances, state and federal regulations; (b) reservation of any mineral rights by the State of Minnesota; (c) an easement for street and utility purposes in favor of the City over and across that portion of the Property legally described on Exhibit A attached hereto and made a part hereof, and (d) exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to and accepted by Buyer as hereinafter provided. 4. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Agreement. Buyer shall pay on the Date of Closing all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. Buyer shall assume on the Date of Closing all other special assessments levied as of the date of this Agreement. If any other special assessment becomes pending after the date of this Agreement and before the Date of Closing, Buyer may, at Buyer's option to be exercised by written notice thereof to Seller, either (i) agree to assume payment of said pending special assessments without adjustment to the Purchase Price; or (ii) declare this Agreement null and void by notice to Seller, and in such event the Earnest Money shall be refunded to Buyer. PSA 05-19-09 Packet Page Number 42 of 285 Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided for herein. Seller warrants that real estate taxes due and payable in 2009 will be non-homestead classification. Seller makes no representations concerning the amount of future real estate taxes or of future special assessments. Seller shall pay on or before the Date of Closing any deferred real estate taxes i.e., so- called "senior deferred" taxes) or unusual or deferred assessments or charges the payment of which is required as a result of the closing of the sale. S. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to Buyer as follows: (a) The Property is not in violation of any law, regulation, ordinance or code affecting the Property, and there is no anticipated condemnation with respect to any part of the Property. (b) If the Property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. (c) Seller has not received any written notice of any liabilities or threatened litigation with respect to the Property. (d) The Property is not subject to any easements, rights-of-way, liens, tenancies, security interest or other encumbrances of any nature that will not be discharged by and at the expense of Seller at or prior to the Date of Closing, with the exception of such matters as may be disclosed by the Survey and/or in the Commitment. (e) No person has any option to purchase all or any portion of the Property, nor shall any person have any right of first refusal or similar right with respect to all or any portion of the Property. (f) Except as may be set forth in any Well Disclosure Certificate made by Seller and delivered to Buyer in connection with this Agreement, Seller do not know of any "wells" (within the meaning of Minnesota Statutes Section 103 L005, subdivision 2 1) on the Property. (g) There are no underground or above ground storage tanks located in or about the Property, and to the best of Seller's knowledge and belief no such storage tanks have existed in or about the Property or, if any such storage tanks have existed, there has been no leak or spill of any petroleum or its byproducts from any such storage tanks previously existing on the Property. E-01M Packet Page Number 43 of 285 (h) Seller is not a "foreign person" within the meaning of the Internal Revenue Code of 1954, as amended (the "Code"), and Seller shall execute and deliver to Buyer on the Date of Closing an affidavit satisfying the requirements of Section 1445 of the Code. (i) To Seller's knowledge, without inquiry, (1) no hazardous or toxic materials or substances (including specifically petroleum or any of its byproducts) exist on or under the Property, and (ii) there has never been a release of any substance on, in, under or from the Property which is regulated by any applicable federal, state or local laws, ordinances, rules, regulations, codes, orders or decrees relating to the protection of the environment, in violation of such laws, ordinances, rules, regulations, codes, orders or decrees, including (without limiting the generality of the foregoing) any leak or spill of petroleum or any of its byproducts. 0) To the best of Seller's knowledge, the Property has not been used for the production of methamphetamine. The foregoing representations and warranties shall be reaffirmed to Buyer in writing by Seller as of the Date of Closing, and shall survive the delivery of the Deed. 6. CONDITION OF PROPERTY; CONDEMNATION. Buyer is purchasing the Property in its "as-is" condition, with the intention of using it for commercial development. Seller makes no warranties or representations of any kind concerning the condition of the Property, except as set forth in the foregoing Paragraph. Furthermore, the damage or destruction of any improvements that are a part of the Property shall not affect the obligations of Buyer or Seller hereunder, except that in such event Seller shall assign or deliver to Buyer at closing all of Seller's interest in any insurance proceeds, or the actual proceeds, resulting from such damage or destruction, regardless of when paid. Seller shall not (i) make any changes or alterations to the Property except in the ordinary course of business, (ii) execute, modify or extend any agreements affecting the Property, or (iii) initiate or consent to the initiation of any zoning, rezoning, special exception, subdivision or condemnation of the Property. Seller shall provide to Buyer a copy of all information available to Seller relating to the condition of the Property including, but not limited to, title insurance policies, surveys, soil reports, environmental reports, plans or specifications for buildings, if any exist, and geotechnical information, within fifteen (15) days after the date on which the last of the parties to this Agreement execute the same, as indicated by the date following the party's signature below (the "Execution Date"). Except as expressly stated in this Agreement, Buyer is not assuming any contracts, agreements, orders, liabilities or obligations of Seller, whether with respect to the Property or otherwise. Buyer assumes no liabilities of Seller of any kind or nature whatsoever, whether known or unknown, fixed or contingent, in connection with or as a result of the acquisition of the Property or Seller's operation of any business, concern or enterprise involving the Property, and Seller shall hold Buyer harmless from all claims with respect to such liabilities. Page 3 of 10 Packet Page Number 44 of 285 7. CONTINGENCIES. Buyer's obligations under this Agreement are contingent upon the satisfaction of the following conditions precedent: A. The results of any investigation of the physical conditions of the Property that Buyer in its sole discretion may choose to make, which may include an environmental audit of the Property, are satisfactory to Buyer in its absolute discretion. Seller agrees that Buyer and its agents shall have access to the Property at all reasonable times to perform such investigations, provided that Buyer shall be responsible for all costs and expenses relating to such investigations, shall hold Seller and the Property harmless from all liability which may arise as the result of such investigations by Buyer, and shall restore the Property to substantially the same condition as existed prior to such investigation. B. All final unconditional permits and approvals required for the commercial development of the Property with such improvements, at such densities and with such infrastructure as Buyer, in its sole discretion, shall deem appropriate for the same ("Buyer's Development Plans'), have been obtained from all governmental or quasi-governmental authorities having jurisdiction over such development. Buyer agrees that its application for approval of Buyer's Development Plans shall be submitted to the Planning Commission of the City within 180 days of the Execution Date. Seller agrees to cooperate with Buyer in obtaining such permits and approvals, and Seller shalt execute such applications and agreements relating to the same as may be required to obtain such permits and approvals, provided that Buyer shall bear all costs and expenses relating thereto, and provided that no final permits or approvals shall be obtained prior to the Date of Closing. C. Seller shall cause the City to vacate those portions of Cope Avenue adjoining the Property to the North and those portions of Lark Avenue adjoining the property at 2260 Van Dyke Street North (Property Tax Identification Number 11-29-22-33 - 0027) to the South. Buyer agrees to include its request for such vacations in its submittal of its application for the approval of Buyer's Development Plans. D. Seller shall cause the public improvement project known as City Project 08-12 to be completed, without cost to Buyer or the Property. Buyer in its sole discretion may waive any or all of the forgoing contingencies, which waiver shall be in writing, given to Seller on or before the date (the "Contingency Date") that is the later to occur of (i) the date that the City gives final approval for Buyer's Development Plans, and (ii) the first anniversary of the Execution Date. However, if all of the foregoing contingencies have not been satisfied or waived by Buyer on or before the Contingency Date, then this Agreement shall be null and void, without the need for further action on the part of either party hereto, and thereupon Title shall return to Buyer all Earnest Money held by Title. 8. EXAMINATION OF TITLE. If the Property is abstract property, within ten (10) days after the Execution Date, Seller shall furnish Buyer with an Abstract of Title to the Property. Using said Abstract of Title, Buyer shall obtain a Commitment for an Owner's Policy of Title Page 4 of 10 Packet Page Number 45 of 285 Insurance (ALTA Form B-1970, if available) from Title (the "Commitment") in which Title agrees to insure good and marketable fee title to the Property of record without exception, with standard exceptions thereto for mechanic's liens, matters disclosed by survey and rights of parties in possession deleted, and which provides for increased coverage to include the cost of improvements hereafter constructed on the Property by Buyer or Buyer's assignee. The costs of continuing said Abstract of Title to a current date shall be paid by Seller, and Seller shall pay the costs of producing the above-described searches. The service charge for the Commitment and the premium for the policy issued pursuant thereto, if ordered, shall be paid by Buyer. In addition, upon its receipt of the Commitment, Buyer shall order a survey of the Property, dated subsequent to the date hereof and certified to Seller, Buyer and Title by a registered land surveyor licensed in the State of Minnesota as having been prepared in accordance with the Minimum Standard Detail Requirements for Land Title Surveys, as jointly adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 2005 and as meeting the standards of an "Urban" survey (the "Survey"). All costs related to the production of the Survey shall be borne by Buyer. Buyer shall have ten (10) days after receipt of the Survey to provide Seller with a copy of the Commitment and written objections to the status of title disclosed therein. Any matters shown in such title evidence and not objected to within such ten (10) day period shall be deemed to be permitted encumbrances to title, and Buyer shall be deemed to have waived any title objections not made within said ten (10) day period, except that this shall not operate as a waiver of Seller's covenant to deliver the Deed, except that (whether or not objection is made by Buyer thereto) Seller shall be responsible for curing on or before the Date of Closing (i) all liens, mortgages, judgments, past due real estate taxes and/or special assessments (including interest and penalties thereon) not the result of Buyer's actions, and (ii) any matters which arise out of Seller's intentional act (or an active or intentional omission). 9. TITLE CORRECTIONS AND REMEDIES. If Buyer shall make objection to the status of title to the Property as provided hereinabove, Seller shall have until the Date of Closing to make title marketable. Liens or encumbrances for liquidated amounts that can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. A. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of its agreements herein, Seller may elect either of the following remedies: Cancel this Agreement as provided by statute and retain all payments made hereunder as liquidated damages. 2. Seek specific performance within six (6) months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. B. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of its agreements herein, Buyer may elect any of the following remedies: lfflst Packet Page Number 46 of 285 Terminate this Agreement, and receive a refund of all Earnest Money paid hereunder and all interest earned thereon. 2. Seek specific performance within six (6) months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. 10. CLOSING; ALLOCATION OF CLOSING COSTS; DELIVERY OF POSSESSION. Closing of the transaction contemplated by this Agreement shall occur on a date which is thirty (30) days after the Contingency Date, or (if such date is a weekend day) the next business day (the "Date of Closing"), in the offices of Title at 150 South Sixth Street, Suite 1330, Minneapolis, Minnesota, Minnesota, at 10 a.m., or at such other place or time of day as the parties hereto may agreed to; provided, however, that the Date of Closing shall be extended to the extent required by the terms hereof for Seller to make title marketable. Buyer shall pay any fee or charge imposed by Title to close the transaction contemplated by this Agreement. Buyer shall be responsible for the payment of the State Deed Tax due on the recording of the Deed. Buyer shall pay for the cost of filing the documents (if any) required to correct the title objections that have been raised by Buyer pursuant to the title examination provisions hereof, and Buyer shall pay for the cost of filing the Deed. Seller and Buyer each shall be responsible for the payment of their respective attorneys' fees. For purposes of complying with the reporting requirements of Section 6045(e) of the Code, Title shall be the "real estate broker" as defined in Section 6045(c)(2) of the Code and Title shall be responsible for the filing of the 1099-B forms or other returns required by Section 6045(e)(1) of the Code. Seller shall deliver possession of the Property on the Date of Closing. 11. GENERAL PROVISIONS. (a) Assignment. Buyer shall have the right to assign its interest under this Agreement without the prior written consent of Seller, provided that Buyer shall give Seller written notice of such assignment. Seller may not, without Buyers prior written consent, assign or encumber all or any portion of the Property or its rights under this Agreement, during the term of this Agreement. (b) Governing L aw. The laws of the State of Minnesota shall govern this Agreement. (c) Entire Agreement, Amendments. This Agreement contains the entire agreement between Seller and Buyer relating to the purchase and sale of the Property, and it may be amended only by an instrument in writing signed by both parties hereto and consented to by Title. (d) Attorneys' Fees. In the event it becomes necessary for either party hereto to file suit to enforce this Agreement or any provisions contained herein, the party prevailing in Page 6 of 10 Packet Page Number 47 of 285 such suit shall be entitled to recover, in addition to all other remedies or damages, as provided herein, reasonable attorneys' fees incurred in such suit. (e) Confidentiali Neither party hereto shall disclose (without the other party's consent, which consent may be withheld in that party's sole discretion) the existence or terms of this Agreement, except as may be required by law, to any person other than persons retained by Buyer to conduct studies or investigations of the Property, and auditors, accountants, lenders, and attorneys who have responsibility to such party for participating in the transaction contemplated by this Agreement. (f) TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS AGREEMENT. 12. BROKER DISCLOSURE AND BROKER REPRESENTATIONS. The parties acknowledge that Buyer is represented in the transaction contemplated by this Agreement by Don Twombly of Prudential Commercial Services, and Buyer agrees that it shall pay any commission due to its broker at Closing- Buyer agrees to indemnify and hold Seller harmless from any claims, damages, costs or expenses of or for any fee or commission resulting from its actions or agreements regarding such transaction which may be claimed by its broker. Seller and Buyer each represent to the other that they have not dealt with any other broker, in connection with the transaction contemplated by this Agreement, and each agrees to indemnify and hold the other harmless from any claims, damages, costs or expenses of or for any fee or commission resulting from their actions or agreements regarding such transaction which may be claimed by any such other broker. 13. NOTICES. Any notice, demand, request or other communication which may or shall be given or served by Seller to or on Buyer, or by Buyer to or on Seller, shall be deemed to have been given or served on the date the same is hand delivered or deposited in the United States mail, registered or certified, postage prepaid, and addressed as follows: Notices to Seller: City of Maplewood Attention: Chuck Ahl 1830 County Road B East Maplewood, MN 55109 Notices to Buyer: Roadmaster of Minnesota LLC c/o Kirk Dahlstrom 1074 Robert Street South West St. Paul, Minnesota 55118 With a copy to: Don Twombly Prudential Commercial Services 1456 Arden View Drive Arden Hills, Minnesota 55112 Page 7 of 10 Packet Page Number 48 of 285 14. DUTIES OF TITLE. The sole duties of Title shall be those described herein, and Title shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements between said parties. Title may conclusively rely upon and shall be protected in acting upon any notice, consent, order or other document believed by it to be genuine and to have been signed or presented by the proper party or parties hereto, consistent with reasonable due diligence on the part of Title. Title may consult the advice of counsel with respect to any issue concerning the interpretation of its duties hereunder. Seller and Buyer each hereby acknowledge such fact and indemnify and hold harmless Title from any action taken by Title in good faith and using reasonable diligence in reliance thereon. Title shall have no duty or liability to verify any such notice, consent, order or other document, and its sole responsibility shall be to act as expressly set forth in this Agreement. If any dispute arises with respect to the disbursement of any monies, Title may continue to hold the same or commence an action in interpleader and in connection therewith remit the same to a court of competent jurisdiction pending resolution of such dispute, and Seller and Buyer each hereby indemnify and hold hatinless Title for any action taken by Title in good faith in the execution of its duties hereunder. (signature page follows) Page 8 of 10 Packet Page Number 49 of 285 IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be executed as of the day and year first above written. CITY OF MAPLEWOOD { "Seller ") ROADMASTER OF MINNESOTA LLC ("Buyer") By B JZ4 �( Its Mayor Its Member Date: Maye2009 And by Its City Manager Date: 2009 CONSENT OF TITLE STEWART TITLE OF MINNESOTA, the party identified as "Title" in the foregoing Agreement, agrees to hold and disburse all instruments and funds deposited with it pursuant to the terms of said Agreement, in accordance with the terms and conditions of said Agreement, subject to the specific disclaimer contained therein. � - 1 X I N AZARIN III INNES) 20A I Q10 OU111 KAI in Its Page 9 of 10 Packet Page Number 50 of 285 EXHIBIT A Legal Description of City Easement The south 15.00 feet of the west 20.00 feet of the above described property. And, all that part of the first above described property beginning at the northwest comer of said first above described property; thence South 00 degrees 25 minutes 24 seconds East, assumed bearing, along the westerly line of said first above described property a distance of 107.56 feet; thence North 89 degrees 31 minutes 48 seconds East, a distance of 4,74 feet; thence northeasterly a distance of 28.52 feet along a non-tangential curve concave to the southeast having a radius of 113.33 feet and a central angle of 14 degrees 25 minutes 13 seconds, the chord of said curve bears North 34 degrees 20 minutes 07 seconds East; thence North 41 degrees 32 minutes 44 seconds East, tangent to the last described curve, a distance of 29.17 feet; thence northerly a distance of 55.58 feet along a tangential curve concave to the northwest having a radius of 68.17 feet and a central angle of 46 degrees 42 minutes 42 seconds; thence North 02 degrees 41 minutes 26 seconds East, along a non-tangent line 11.23 feet to a point on the north line of said first above described property distant 58.23 feet easterly from the point of beginning; thence South 89 degrees 38 minutes 06 seconds West, along said north line a distance of 58.32 feet to the point of beginning. PSA 05-19-09 Packet Page Number 51 of 285 JUIV '13. C }its° of Maplewood Attention: Chuck Ohl 183 0 Cowity Toad B Fast Ma lev"ood, N, 5 Re: Purchase �ti d Sale gi-ccnient —pi o,s,ed Pr operty`lpax Identification Number '11- 2.9- 2 ?_)3- 00- Dear Mr. hl: It has carne to our attention that the name ''Roadmasto" gives the impression that our company, as the prospective buyer of the subJect property described above is involved in the bL[Siness of vehicle or equipment repair or sales. Not only is this not the case, but our company, as the buyer under the Purchase arid Sale Agreemem. will agree that no business of any kind that does auto, track, equipment or tire repair or sales; or the sale of guns or porno nor any type of facility that produces objectionable noise or odors, will ` be operated on the subject property, Sincerely ROADM STER OF MINNESOTA LLC: By f Kirk Duhistrotn; Its Member Packet Page Number 52 of 285 MEMORANDUM DATE: 22 July 2009 TO; James Antonen & City Council FROM: H. Alan Kantrud, City Attorney RE: Council- Manager Workshop: COMMISSION HANDBOOK IItTRODUCTIOlti On April 6, 2009 a Council Manager Workshop was held and the concept of a Commission Handbook was presented to Council for review. Comment was taken and Council directed staff to prepare a draft Handbook, incorporating its comments. A draft Handbook was created and presented to Council for review and several changes were again recommended. The document is now back before you in a more finalized form, with additional references to state law as well as a fully functional table of contents. The questions below are the same as the ones discussed in the work session and are back before you for formal action. DISCUSSION In revising the Handbook, some decisions that still need to be made have to do with: 1) Reappointments and Term Limits. Page 13 of the Handbook discuss the concept of "term limits" (two full terms is the working document assumption) and a re- appointment policy to go beyond those limits. The subject is again addressed/referenced on Page 23 in the "qualifications" section (e). Staff needs direction as to what if any policy the Council would like to see relative to this issue. 2) Rules of Parliamentary Procedure. The Handbook, on Page 16, also calls for the use of a modified version of "Rosenberg's Rules of Order," which is not a familiar document to most, but could be integrated as suggested in the Handbook for the benefit of the Commissions. The modified version provides very simple parliamentary procedure that lay- people can use when they find themselves as newly appointed chairs. 3) Excused and Unexcused Absences. Another new policy introduced through the Handbook is the concept of excused and unexcused absences and the consequences for excessive, unexcused, absences from regular meetings. The language is at the bottom of Page 17 and also referenced in the "cause for removal" section discussed below and on Page 23 in a section entitled "Attendance," and is also referenced in the "Role of the Staff Liaison" section on Page 24 (it is the role of the liaison to track absences). This issue requires a recommendation to keep or abandon or modify the language presented. Packet Page Number 53 of 285 4) "Cooling Off' period after term limit. Another new policy is the notion that, assuming that term limits are imposed, a "one year" cooling -off period apply prior to reappointment of the same individual to the same commission. That language is on Page 17, is also referenced on Page 23, and will require a discussion since it is not current policy. 5) Multiple Commission membership by individual. The next policy question is also on Page 17, and has to do with the concept of multiple Commission membership by one individual. The language currently leaves discretion in the hands of the Council. 6) Removal. Another important policy question that needs to be made is the clarification of the control that the Council has over the members of its Commissions, particularly as it relates to the ability of the Council to remove members. There really is no coherent policy in place now. The language as it is written on Page 17 (spilling onto Page 18) puts the control exclusively in the hands of the Council and requires a simple- majority vote to remove any member from any Commission. The proposed language calls out examples of conduct that would potentially get a Commission member subjected to a vote for removal, but the language is clear that a member may be removed "without cause ". RECOMMENDATION Please review your notes from the work session earlier and take formal action on the questions presented above. Staff will integrate the changes and bring the final form back at your request or begin distribution without further review based on your decision. Packet Page Number 54 of 285 Item L1 TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: July 22, 2009 RE: Outside Event Permit Introduction Brian Bauman, owner of the Rock Nightclub located at 2029 Woodlynn Avenue has applied for an Outside Event Permit for August 28 — 30 from 5:00 p.m. to 11:00 p.m. The event is billed as a "Loud and Local" show on 93X Rocks website and will consist of 70+ bands that will be playing indoors and outdoors over the three day venue. Background In 1996 the city council approved "one- time" events for intoxicating license holders. The application is administratively approved by the City Manager or his designee or forwarded to the council for approval. These types of events are subject to review by the police chief and if deemed necessary the fire marshal for a public safety inspection. In November of 2006, revisions were made to the intoxicating liquor license ordinance permitting license holders to have two outside events annually. One event can not exceed 96 hours. Over the years license holders have held events varying from boxing cards, pig roasts to outdoor concerts with little or no problems except for one event. In 2002 an outside one -time event was held by the previous owner at the Rock Nightclub located at 2029 Woodlynn Avenue. While staff approved the event and an "expert" assisted in positioning the stage as to deflect the music away from surrounding residential neighborhoods, the result ended in numerous complaints from White Bear Lake residents complaining about the loud noise and foul language from the stage. Mr. Bauman has indicated that he is willing to comply with the requirements of the permit and has indicated that all businesses within 350 feet have approved and signed the noise waiver form. However, staff has not received the waiver form from the applicant. Attached you will find details of the event provided by Mr. Bauman. The billing flyer detailing the bands, the website page from 93XRocks detailing the event, a map detailing properties within 350 feet of 2029 Woodlyn Avenue and finally a list of properties and property owner's 350 feet of 2029 Woodlyn Avenue. Mr. Bauman indicated on his Outside Event Permit that the event would run from 5:00 p.m. to 11:00 p.m. each day while the attached billing flyer indicates that on August 28 the event would run from 5:30 to 1:00 a.m., August 29 from 12:30 p.m. to 1:00 a.m. and on August 30 12:30 p.m. to 10:30 p.m. Packet Page Number 55 of 285 Staff is concerned that there is a discrepancy on the application versus the billing flyer regarding the hours that the event will actually be operating. Also, there are concerns of parking and traffic control that need to be addressed. Additionally, the event is advertised as an all ages show but no plan has been submitted regarding the control of selling alcohol to minors. While staff is not necessarily recommending denial of the permit at this time, there are concerns as mentioned above. Regarding the noise waiver and the requirement to have the "property owner" sign the waiver, it is to be noted that within the 350 feet are two large apartment buildings; Sibley Cove and the Birch Glen. Should the residents of these apartment buildings be notified and or also sign a waiver? Finally, staff is concerned about the placement of the outside stage and would suggest that Mr. Bauman hire a sound engineer to provide direction to the placement of the stage to minimize the sound impact on surrounding neighborhoods. Recommendation Staff is seeking direction on how to proceed with this application and define the parameters of the event including public safety and security. Packet Page Number 56 of 285 Focal Ivsus c "E"e tiva,l Event InfolMation - This is a local music festival showcasing 70+ local bands in 3 days. - This festival is August 28 -30 - 2 Stages, the main stage being the indoor stage - The outdoor stage in the smaller second stage - The entire area while be fenced Eft tall - We expect no more then 200 -300 people outside at anyone time - Extra security will be in place to ensure a safe & fun event for all - The stage will be in our South East corner of our lot - The stage is over the 350 feet from the apartments behind our building - All businesses within 350 have approved and signed the noise waiver form Packet Page Number 57 of 285 � ƒ &� rte) «GLEAFFu�d Artisft first mwto f «m Ja m SdW F lls is a /Rld paMer d%Leaƒ±ld sup�liy kx�dR1l6t and AIU GUST �28.30 @THE. ROCK HALF P!Ri -DEALS Packet Page Number 59 of 285 7/22/2009 Buff seal N2abaof Brifferej Area Sdexted Features Rio flit rp llitres Road Cantedine' (County) / County Road Intestate NvNy ti date tflk-y Rinds aMater Structures C Panel Polygons High' shields Street Hanle Labels . DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. IH 2029 Woodlyn Avenue — Properties Within a Radius of 350 Feet Parcel ID Owner Name 1 Owner Name 2 Owner Street Address 22922210005 HLW LLC 3313 CHURCHILL DR 22922210006 GOLDBERG ACKERMAN LLC 1440 LAKE SHORE DR N #8E 22922210007 WELSH COMPANIES PLAZA 3000 SHOPPING CENTER PO BOX 17830 22922120086 STANLEY STENSON KAREN STENSON 3071 CHISHOLM CT N 22922120087 ANTHONY C BOEKHOFF SHARON E BOEKHOFF 3069 CHISHOLM CT N 22922120066 SALVATION ARMY 2445 PRIOR AVE N 22922120082 WOODLYNN PONDS TOWNHOME ASSN C/O PROPERTY CARE INC PO BOX 2125 22922120083 WOODLYNN PONDS TOWNHOME ASSN CiO PROPERTY CARE INC PO BOX 2125 22922120073 SIBLEY COVE LP 7645 LYNDALE AVE S 22922120007 BIRCH GLEN APARTMENTS LLC C/O GLASER FINANCIAL GROUP 2177 YOUNGMAN AVE 3RD FL 22922210009 PLAZA 3000 PARTNERSHIP 95 SOUTH OWASSO BLVD W 22922210019 CHUNG HING WONG LAN CUE TU WONG 3313 CHURCHILL DR 22922210008 DENNYS INC RASH NO 200 23 01262 PO BOX 1600 22922120012 PLAZA 3000 PARTNERSHIP 95 SOUTH OWASSO BLVD W 22922120011 LYDIA ASSOC PLAZA ASSOC 2125 DESOTO ST 22922120043 SALVATION ARMY 2445 PRIOR AVE N 22922120092 SCOT E PORTZ SUSAN E PORTZ 2053 WOODLYNN AVE E 22922120091 KATHLEEN DAWN JACQUES 2061 WOODLYNN AVE E Owner City/State/Zip WOODBURY MN 55125 -2752 CHICAGO IL 60610 -5936 ST PAUL MN 55117 -7830 MAPLEWOOD MN 55109 -1749 MAPLEWOOD MN 55109 -1749 ROSEVILLE MN 55113 -2714 INVER GROVE HEIGHTS MN 55076 -8125 INVER GROVE HEIGHTS MN 55076 -8125 RICHFIELD MN 55423 -4084 ST PAUL MN 55116 -3042 LITTLE CANADA MN 55117 -1029 WOODBURY MN 55125 -2752 ROWLETT TX 75030 -1600 LITTLE CANADA MN 55117 -1029 ST PAUL MN 55117 -2009 ROSEVILLE MN 55113 -2714 MAPLEWOOD MN 55109 -1419 MAPLEWOOD MN 55109 -1419 Packet Page Number 61 of 285 Agenda Item L.2 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Bruentrup Heritage Farm Conditional Use Permit Amendment LOCATION: 2170 County Road D DATE: July 21, 2009, for the July 27 City Council Meeting INTRODUCTION The Bruentrup farm buildings were relocated from White Bear Avenue to a 2.36 acre site within the Prairie Farm Neighborhood Preserve in 1999. Prior to relocation of the buildings, the city council issued a conditional use permit (CUP) to the Maplewood Area Historical Society (MANS) to operate the farm on the new site as an educational and interpretive center. City code allows "public facilities" in any zoning district with a CUP. Since the relocation, Bruentrup Heritage Farm (BHF) has been the home of the MAHS where they host monthly society meetings and year -round educational, interpretive, and fundraising events. In 2006, the city received a $100,000 local preservation grant from the Minnesota Historical Society to complete the restoration of the barn. The restoration improvements, which include a fire sprinkler and alarm system, were needed before the barn could be used for public functions. The MAHS would like to create a sustainable cash flow to ensure that the farm expenses and other society projects are covered through their fundraising activities, and not dependent on city funding. The barn restorations are now complete and the society would like to rent out the facility for large non - historical fundraising events (such as weddings) in addition to hosting their own small and large events (such as Johnny Appleseed Days). Refer to the MAHSIBHF CUP Amendment Request and maps attached (Attachments 1 through 6). BACKGROUND February 8, 1999, the city council approved the relocation of the Bruentrup farm buildings to the Prairie Farm Neighborhood Preserve. June 14, 1999, the city council approved a CUP for a "public facility" to be located within the Prairie Farm Neighborhood Preserve and a code waiver to allow the public facility to operate without the required paved parking lot. December 13, 1999, the city council approved a 99 -year lease agreement which allows the MAHS to lease the land and buildings for interpretive, educational, and fundraising purposes. However, it was determined in 2008 that the lease was never officially signed by both parties and as such the MAHS had been using the site without a formal lease since 1999. July 8, 2002, the city council approved a CUP revision to allow the construction of a parking lot on the east side of the site within the Prairie Farm Neighborhood Preserve. Packet Page Number 62 of 285 December 1, 2008, the city council held a workshop to review the MAHS proposal for the sublease of the farm for large non- historical fundraising events. The city council expressed support for the proposal as long as parking and other possible nuisance issues are addressed in the CUP amendment. April 13, 2009, the city council approved an updated version of the 99 -year lease agreement which allows MARS to lease the land and buildings for interpretive, educational, and fundraising purposes. Since then the city and the MAHS have both signed the lease agreement. May 19, 2009, the planning commission held a public hearing for the BHF CUP amendment. The planning commission tabled the item to allow time for the historical preservation commission (HPC) to review the proposal (Attachment 7). May 21, 2009, the HPC reviewed the BHF CUP amendment and expressed support for the MAHS's fundraising events (Attachment 8). July 7, 2009, the planning commission reviewed the BHF CUP amendment and recommended approval of the fundraising events on the condition that the events are limited to six per year and that all parking is supplied on site (Attachment 9). DISCUSSION The society would like to create a revenue flow by renting out the barn for weddings and other large events. With the appropriate rental agreements and insurance the society feels that they could feasibly rent out the barn for six large events, in addition to using the site for other society events throughout the year. The rental of the barn and site for large non- historical fundraising events was not discussed during the city council's original approval of the BHF CUP in 1999 (Attachment 10). As such, prior to the society subleasing the site for such events, the city must approve an amendment to the CUP. Large Non - Historical Fundraising Events The society would like to host up to six large non - historical fundraising events a year on the site. Examples of events would be weddings or graduation parties. The events would be held during the months of May through October. The hours of events would be limited from 10 a.m. to 10 p.m. The society proposes to allow alcohol service for large non - historical fundraising events only. Alcohol service would be limited from 6 until 9 p.m., with guests required to leave the site by 10 p.m. The society will limit bands, D.J.s, or other large -scale music venues to inside the barn. The society states that the subleasing rental agreement will require that the groups "hold down the volume ", but the society would like the option of allowing the barn doors to remain open (otherwise it gets too stuffy and dusty - especially if people are going to be dancing). Building Capacity Dave Fisher, Building Official, submitted a review memorandum regarding the society's use of the renovated barn for large events (Attachment 11). Mr. Fisher conducted a building code analysis on the maximum occupant load of the barn and recommends that the occupancy be limited to 290 people (165 people on the upper level and 125 people on the lower level). For 2 Packet Page Number 63 of 285 this reason, the CUP should limit the maximum number of people permitted for large non - historical fundraising events to 290 people, dependent on parking arrangements. The society states that they will work within the 290- person maximum capacity for the barn. However, the society would like the opportunity to have as many people on the grounds as their on -site and off -site parking would allow for any type of event. The society has indicated that they have had as many as 500 people coming and going during their Johnny Appleseed events. A large non - historical event, such as a wedding, usually doesn't have people coming and going throughout the event but present during the entire event. For this reason staff recommends that the number of people allowed during the large non - historical fundraising events is limited to 290 people. This will allow all of the people in attendance to go inside the barn safely during inclement weather and reduce possible nuisances. Parking The parking lot to the east of the site was approved as an amendment to the BHF CUP and includes 21 parking spaces (Attachment 12). MARS donated $10,000 toward the construction of the parking lot, with the remaining cost funded and constructed by the city. The parking lot is used by the society for parking at the BHF site and is also used by visitors of the city's Prairie Farm Neighborhood Preserve. The city's parking code does not specifically address parking requirements for a "public facility" or for a facility that is rented for events. As such, the city should use the maximum occupancy of the barn as an indicator of the amount of parking needed for the proposed large non - historical fundraising events. The city used a similar calculation to determine the Myth's parking needs, which is a nightclub and rental facility. The calculation is based on an estimate of four people arriving in one vehicle for the large event, times the maximum occupancy of the barn. With this calculation, the rental of the barn at its maximum capacity would require 73 parking spaces (maximum occupancy [290] divided by the number of people in a car [4] = number of parking spaces required [73]). In addition to the 21 parking spaces in the parking lot to the east of the site, the society has obtained a parking agreement from the Salvation Army (78 parking spaces) and Harbor Pointe (278 parking spaces). Salvation Army Parking: The Salvation Army is located to the south of the site on Woodlynn Avenue. When the Salvation Army parking lot is used by the society for their large historical events (such as Johnny Appleseed Days) the city has allowed the society to transport people to and from the parking lot through the Prairie Farm Neighborhood Preserve. Guests are transported on a wagon pulled by the society's farm tractor over a mowed trail through the open space site. Due to the liability issues associated with transporting people in this manner on city property for large non - historical fundraising events (evening hours, liquor), staff recommends that this type of transport only be allowed during daytime hours. Since the Salvation Army is located quite a distance from the farm site, a shuttle system should be arranged by the society for parking in this location for the large non- historical fundraising events. Another concern with parking in this location is its proximity to residential property to the west and north. Large event attendees leaving the site later at night with slamming doors and other noise generators could pose a nuisance to the surrounding residential properties. 3 Packet Page Number 64 of 285 Harbor Pointe Parking: The society has obtained permission to use the Harbor Pointe parking lot for the large non- historical fundraising events. Harbor Pointe is located to the west of the site on County Road D, within walking distance of the farm. To ensure safe pedestrian crossing, the city should ensure that appropriate temporary signs or crossing guards are present during the large events to direct people to the appropriate intersection for crossing. Society's New Parking Proposal: Since the original CUP application, the society is now proposing to use only the Harbor Pointe parking lot for the large non - historical fundraising events. The society would have adequate parking to meet the city's parking code requirements with the on -site (21 parking spaces) and off -site parking (278 parking spaces). Liquor License The MAHS currently does not serve alcohol at their events. However, if they rent the site for weddings or other outside events, the MARS would like to allow the renter to serve liquor with the appropriate license. Karen Guilfoile, city clerk, states that the city could issue temporary liquor licenses to the renters in order to serve beer and wine on the site. This license would require that the renter of the site hire an off -duty police officer when the beer and wine is served. If hard liquor or more than six temporary events with liquor are proposed, Ms. Guilfoile recommends that the city council consider an annual license that would cover all events at a pre- determined fee. Currently MAHS has an annual food establishment license that the city does not charge them for, which could be incorporated in the consideration. i A major concern of large events at the farm is the generation of noise. Any large scale music for outside events (such as DJs and bands) should be limited to inside the barn. Any event on the site must also comply with the city's noise ordinance which requires that no disturbing noises be generated after 7 p.m. Lieutenant Richard Doblar of the Maplewood Police Department also expressed concern over possible noise nuisances with this type of use in his memorandum (Attachment 13). Rental Agreement Subleasing of the site by the society for large non - historical fundraising events should be covered by a rental agreement which would dictate hours of use, maximum number of people, location of parking, etc. The city should approve the rental agreement language. Master Plan The lease allows the MAHS to use and maintain the property for 99 years unless terminated sooner. The purpose of the use is designated in the BHF master plan and the approved CUP. The BHF master plan was last updated by the MAHS in January 2008 and describes the purpose of the BHF as an interpretive center for the history of agriculture in New Canada - Maplewood. The goals of the master plan include education and interpretation, learning by participation, historical authenticity, attraction of people and organizations to the site, community support, and is the home of the MAHS. rd Packet Page Number 65 of 285 Staff has found that the master plan contains some outdated material including the size of the site, conditions at BHF, and parking reference. In addition to updating this information, the MAHS should also modify the master plan to include the intent and purpose of the fundraising events. For this reason, staff recommends that the master plan be amended by the MAHS as part of the CUP amendment. Since the master plan is an attachment to the lease, those amendments must be approved by the city council. Insurance The structures and general liability are covered under the city's umbrella insurance policy. The city should require that the society or the renters obtain additional liability coverage for the subleasing of the site for outside events. Off -Site Sign The society is interested in working with the city and the county on posting a directional sign for the farm site on White Bear Avenue and County Road D, as well as on McKnight Road and County Road D. The city's sign code would allow such a sign in the right -of -way with approval from the city council. Currently the city has a similar type of directional sign for the Maplewood Nature Center along Century Avenue. Sign designs and details should be submitted by the society for approval by the city council. City Use of Bruentrup Heritage Farm The BHF is a great asset to the city and serves an important historical social function to our community. The city has also benefited from the use of the farm for other non - historical events such as movie nights put on by the recreation department and fundraising events put on by the Friends of Maplewood Nature and supported by nature center staff. The city should continue to work with the society to find other ways that the site could be used for city functions. In exchange, the society requests the use of the Maplewood Community Center for their annual fundraising Halloween Hoe Down. Each year the society has used the city's facilities at no charge, and they want to ensure this is memorialized in the CUP conditions. Staff is supportive of this request. Open Space Issues The city has been re- establishing native plants on the Prairie Farm Neighborhood Preserve over the last few years. In addition to the preserve, there is a small oak savanna located immediately west of the BHF entry drive that the city has been maintaining as oak savanna. The CUP should ensure that this area located within the BHF site continues to be managed by the city as oak savanna. In addition, city staff encourages the society to submit their yearly event schedule to the Natural Resource Coordinator to ensure management of the preserve (such as herbicide treatments or controlled burns) does not disrupt their events. Planning Commission Review The planning commission recommended approval of the society's request for subleasing the site for large non - historical fundraising events on the condition that parking is supplied on site. It was their concern that approval of off -site parking would set a bad precedent. k Packet Page Number 66 of 285 The planning commission's recommendation would require the expansion of the city -owned parking lot (21 parking spaces) by 52 parking spaces. The existing parking lot is located within the Prairie Farm Neighborhood Preserve. Expanding the parking lot for the society's use would not benefit the city's open space needs and is not financially feasible for the city or the society. Since the society is proposing the large non - historical fundraising events six times per year with limited hours and people, staff finds that the proposed off -site parking scenario would be adequate to accommodate the society's needs. In addition, it should be noted that the city has allowed other businesses to have off -site parking. RECOMMENDATIONS Approve the attached resolution (Attachment 14). This resolution amends the Maplewood Area Historical Society's Conditional Use Permit for the use of the Bruentrup Heritage Farm site (2170 County Road D) with the following conditions (changes to original 1999 and 2002 conditions are underlined if added and stricken if deleted). Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3. The applicant or contractor shall complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, a handicap - parking sign for each handicap- parking space and an address on the building. C. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. d. Install site - security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source in not visible and so it does not cause any nuisance to drivers or neighbors. 4. If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. 5. All work shall follow the approved plans. The director of community development may approve minor changes. New Conditions Which Apply to All Uses at the Bruentrup Heritage Farm: 6. Update the January 2008 Bruentrup Heritage Farm Master Plan to include correct site size, site conditions, parking references, and purpose and intent of uses including any large non - historical fundraising events. L Packet Page Number 67 of 285 7. When the parking lot located east of the site cannot accommodate parking for an event (i.e., events where there are more than 84 people based on 4 people per vehicle in the 21 space parking lot located to the east of the site) the society must supply off -site oarkina to accommodate the events. 8. Off -site parking at Salvation Army (78 parking spaces at 2080 Woodlvn Avenue): a. The society must supply the city with a signed parking agreement between the society and the owners of the Salvation Army for the use of the parking lot. b. Transportation of guests in a wagon pulled by a tractor to and from the Salvation Army parking lot ( Woodlyn Avenue) on a trail through the Prairie Farm Neighborhood Preserve is only allowed during daytime hours. C. The society must ensure safe pedestrian crossina at the intersection of Woodlvn Avenue and Ariel Street for visitors parking in the Salvation Army parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. Off -site parking at Harbor Pointe (278 parking spaces at 2079 to 2127 County Road D): a. The society must supply the city with a signed parking agreement between the society and the owners of Harbor Pointe which allows the use of this parking lot. b. The society must ensure safe pedestrian crossing at the intersection of County Road D and Ariel Street for visitors parking in the Harbor Pointe parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 10. Any large scale music proposed for any event on the site (such as DJs and bands) should be limited to inside the barn. 11. Use of the farm must comply with the city's noise ordinance which requires that no disturbing noises be generated before 7 a.m. and after 7 p.m. 12. In exchange for occasional use of the Bruentrup Heritage Farm site by the city, the city will allow the society the use of the Communitv Center at no charge for their annual ITUITO MT, 13. The society will work with Maplewood city staff to coordinate the management of the oak savanna located west of the entry drive within the Bruentrup Heritage Farm site with the intent of continuing to manage that portion of the site as oak savanna. 14. The barn must be posted with a maximum occupancy of 290 people. New Conditions Which Apply to the Subleasina of the Site by the Societv for Larae Non- Historical Fundraising Events: 15. Subleased large non - historical fundraisina events are allowed six times per year. 16. Subleased large non - historical fundraising events are allowed from 10 a.m. to 10 p.m. Packet Page Number 68 of 285 17. Parking for subleased large non - historical fundraising events in which alcohol will be served is limited to the parking lot on the east side of the site and the Harbor Pointe Darkina lot located about a block west of the site on the north side of Countv Road D. 18. Maximum number of occupants allowed on site for large non - historical fundraising events in which alcohol will be served is limited to 290 people. 19. Appropriate liquor licenses must be obtained prior to serving alcohol on the site. 20. The society must obtain the appropriate liability coverage for large non - historical fundraising events which holds the city harmless. 21. A rental agreement must be approved by the city which dictates hours of use, maximum number of people, location of parking, etc. P:\sec2N\Bruentrup \7 -7 -09 PC Report Attachments: 1. Maplewood Area Historical Society /Bruentrup Heritage Farm Conditional Use Amendment Request 2. Location Map 3. Site Plan 4. Land Use 5. Zoning Map 6. Proposed Parking Map 7. May 19, 2009, Planning Commission Minutes 8. May 21, 2009, Historical Preservation Commission Minutes 9. July 7, 2009, Planning Commission Minutes 10. Conditional Use Permit for a Public Facility (June 14, 1999 City Council Minutes) 11. Dave Fisher, Building Official, Review Memorandum 12. Conditional Use Permit for Parking Lot Expansion (July 8, 2002) 13. Police Department Review 14. Conditional Use Permit Amendment Resolution Packet Page Number 69 of 285 Aftchmm I Maplewood A rea llist rical Society -- C UP Application., Apri 1 20 upplerne ntary Informatioll Packet Page Number 70 of 285 Packet Page Number 71 of 285 Packet Page Number 72 of 285 Loco" Pag 285 .z p. 35 �i �t am -37 n ✓. � t r n �. -" ^.. 1 rK Kc #fa G* D.1 *t i{i �® I .40 4#'3 *� L4Ti3 4 1 _ � z {i I � p � a I I I µ� I I 4, � I C rl ca 2 i $ aUENTE UP FAaP� €CityofMaplawomod 4c Rlr IS' �*IR �EP1,4*I'3f�..'i7'�f't*CI£�ilt'I#'r�.�}f5 LEASE BOUNDARY "I, z+a zea e {doge NymberJ45 Aiw, Ll M 7 LN 1 L A I )Piket a r 75 of 285 MA ch me qi 5 V?f [a >- r AVE Z4 5w , umber 76 of 285 t, ARauc,�w & � y iropv5a W i 77 of 285 Attachment 7 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 19, 2009 (Partial Minutes) I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:04 p.m. 11. ROLL CALL Commissioner Joseph Boeser Present Vice - Chairperson Tushar Desai Absent Chairperson Lorraine Fischer Present Commissioner Harland Hess Present Commissioner Robert Martin Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Joe Walton Present Commissioner Jeremy Yarwood Present City Staff Present: Tom Ekstrand, City Planner Shann Finwall, Environmental Planner V. PUBLIC HEARING a. 8 p.m.: Conditional Use Permit Amendment - Bruentrup Heritage Farm, 2170 County Road D Planner Shann Finwall presented the staff report for this request for a conditional use permit amendment. Planner Finwall said the Maplewood Area Historical Society (MARS) was originally granted approval of the conditional use permit to operate the Bruentrup Farm. Planner Finwall explained that the Society now is requesting approval for the Bruentrup Heritage Farm facility to be rented out for large events, in addition to hosting their own small and large events. Commissioner Hess asked for clarification on what the noise ordinance and required hours of compliance would be for this facility. Planner Finwall responded that the noise ordinance requires that no disturbing noises be generated after 7 p.m., but that staff is recommending that all large -scale music be held inside the barn only. Commissioner Boeser said he is concerned with possible noise complaints with people coming and going from the facility during wedding events. Mr. Boeser said he has concerns with the applicant not being able to provide transportation from the Salvation Army parking site for large events. Commissioner Trippler said he has concerns with the discrepancy between the city and applicant regarding the maximum allowable occupancy, the requirement that renters obtain additional liability insurance, and the problems with transporting people in rainy weather in an open wagon. Commissioner Martin commented that the improvements to widen White Bear Avenue recently considered by the commission are already reducing parking spaces for businesses along White Bear Avenue. Packet Page Number 78 of 285 Planning Commission -2- Minutes of 05 -19 -09 Robert Overby was present representing the applicant, Maplewood Area Historical Society. Mr. Overby said the MAHS envisions hosting three to six non - historical events annually. Mr. Overby said the MAHS has worked with staff to complete the necessary requirements to hold large events and by controlling the type of activities that would be held at the farm. Mr. Overby said the MAHS agrees with the need for a shuttle to transport people from the parking areas to the farm and that the tractor and wagon would not be used for large groups or after dark. Mr. Overby said they have a written agreement with Salvation Army for 78 parking spaces and expect to get a written agreement with Harbor Pointe for another 250 parking spaces. Commissioner Boeser commented that if the MAHS eliminated holding weddings and not allowing alcohol at the farm most of the issues would go away. Mr. Overby said weddings were seen as a target group where there might be limited rental interest and would create larger revenue. Carolyn Peterson, 1801 Gervais Avenue and a member of MAHS, said the purpose of MAHS is as an historical farm. Ms. Peterson said they have school groups coming to the farm, but they need to have fundraising to support the farm expenses. Commissioner Hess commented that if the situations could be controlled and liability issues are taken care of, he did not see any problem with having an occasional wedding at the farm and he understands that they would probably generate more cash flow than some of the other events. Commissioner Pearson said he would not be upset if a rental of a smaller group wedding were held that celebrates the heritage. Mr. Pearson said he does not like use of the wagon or cutting another trail through what is supposed to be prairie land and maintained as such. Mr. Pearson said he also has a problem with the current conditional use permit that requires "the use would generate minimal vehicular traffic local streets and would not create traffic congestion or unsafe access on an existing street" and Mr. Pearson said he feels this proposal would. Mr. Pearson said the existing conditional use permit calls for additional parking with an amendment of the permit. Mr. Overby responded that staff has determined that the grade off of County Road D is too steep to allow the westerly parking area to be enlarged. Mr. Overby said that even for medium -sized events, MAHS would need to rely on additional off -site parking with a shuttle bus provided. Commissioner Pearson said he is concerned that this proposal could be precedent setting. Mr. Overby responded that if the commission finds it is not appropriate to use off -site parking, an expansion of the existing parking lot will need to be investigated or the weddings will need to be held during daytime hours with no alcohol served. Mr. Overby said the MAHS is open to trying various rental events in trying to make this fundraising successful. Richard Currie, a member of the Maplewood Preservation Commission, said at their last meeting a motion was made to have this request for a CUP amendment come before their commission before it went before the planning commission, but staff moved it to the planning commission first. Mr. Currie said many issues were added by staff that the preservation commission is not in favor of. Char Wasiluk, 1740 Frank Street and a member of MAHS, said she wanted to comment on the negative attitude on the weddings. Ms. Wasiluk said there was a large wedding held at the farm last fall and there was only one small complaint regarding driving a vehicle on the trail and the driver was told to stop immediately. Ms. Wasiluk said farm weddings are very popular and are a good way for MAHS to raise funds. Packet Page Number 79 of 285 Planning Commission -3- Minutes of 05 -19 -09 George Rossbach, 1406 County Road C East and a member of MAHS, said that many volunteer hours and dollars have gone into the farm in the last ten years. Mr. Rossbach said the stumbling block at this point seems to be a historic event as opposed to a non - historic event. Mr. Rossbach said he hates to see the weddings eliminated as a source of income. Mr. Rossbach said the use of the building for fundraising is quite limited, since there is no heat or air conditioning in the building. Nicholas and Chris Glendenning, 2226 County Road D East, said he considers a large wedding with alcohol much different than a youth sock hop in the barn. Mr. Glendenning is concerned with living next to a wedding reception hall, loud music after 10 -11 p.m., traffic and littering. Chris Glendenning clarified that they live two houses from the farm with all of the bedrooms facing the farm. Ms. Glendenning said they are concerned with loud noise since they have young children. Commissioner Trippler said he is concerned that this proposal would set a precedent; he is concerned with damages to the buildings and property with alcohol being used, and excessive noise in the neighborhood. Commissioner Fischer said she was concerned with considering this proposal without the recommendation from the historical commission. Robert Overby suggested that if the commission is going to table this proposal, that direction be given to MAHS by the commission of their consensus of what should be eliminated. There were no further comments from the public, the public hearing was closed. Commissioner Trippler commented that members of MAHS have heard the comments and concerns tonight and should be able to make some changes based on their wants or what they think is appropriate, rather than having the commission tell them their wants. Commissioner Hess said he has some of the same concerns with safety, security, and noise, but he feels if there is security on site, shuttle service to the site, limited hours and noise constraints, the weddings could be successful and provide the needed revenue. Commissioner Hess moved to table this request until the historical commission considers it and gives its recommendation. Commissioner Martin seconded Ayes — all The motion passed. Packet Page Number 80 of 285 Attachment 8 MINUTES MAPLEWOOD HISTORIC PRESERVATION COMMISSION COUNCIL CHAMBERS - CITY HALL May 21, 2009 - 7:00 P.M. (Partial Minutes) 1. CALL TO ORDER - 7:00 P.M. 2. ROLL CALL Present: Chair Ron Cockriel, Vice Chair Richard Currie, Commissioners Lu Aurelius, Pete Boulay. Al Galbraith, Liaison Dave Fisher, Recorder Lois Behm, Guests Bob Overby, President, and Carolyn Peterson, Vice President, of the Maplewood Area Historical Society. Commissioner Caleb Anderson arrived at 7:13 p.m. Absent: Commissioner Robert Creager 7. NEW BUSINESS Bob Overby introduced himself and recapped the process by which the designation was obtained and answered questions about the future needs and uses for operating the farm. Dave added that during the recent grant process the City had to commit to maintaining the Farm in operable condition for at least 25 years, and obtain approval of the State Historical Architect for the upgrades to be done to the barn. b. Bruentrup Farm CUP Dave explained the current need for revising the Conditional Use Permit for the farm, explaining how the changes would allow the Historical Society to continue current and add new fund- raising efforts to support any repairs and upkeep necessary to maintain the site. Ron said that, in the interest of full disclosure, he wanted everyone to know that at least 4, if not 5, of the Commissioners present are members of the Maplewood Area Historical Society, but tonight are acting as members of the Historical Preservation Commission and are looking at this issue from that position. He stressed that focus of the discussion and recommendations be solely related to the matter of historic preservation of the Farm. Discussion continued with many questions and suggestions from the Commissioners to Bob about the hoped -for additional activities, insurance needs, event types and sizes as well as noise and time considerations. Bob answered those questions with detailed explanations and referred to advice from City Staff and the City Attorney to the Society, including the Society's ongoing efforts to obtain liability insurance. Packet Page Number 81 of 285 Lu moved the Commission recommend approval by the Planning Commission of the Conditional Use Permit as amended in the staff report. Pete seconded the motion, the vote was: Ayes (4) Caleb Anderson, Lu Aurelius, Pete Boulav, Ron Cockriel Nays (2) Richard Currie, Al Galbraith Motion Passed. Richard moved to recommend to the Planning Commission that the noise (music) deadline be changed to 9:00 p.m. for special events outdoors at the Bruentrup Heritage Farm. Ron seconded the motion, the vote was: Ayes: (4) Lu Aurelius, Ron Cockriel, Richard Currie, Al Galbraith Nays: (1) Pete Boulav Abstain: (1) Caleb Anderson Motion Passed. Packet Page Number 82 of 285 Attachment 9 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 7, 2009 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. 11. ROLL CALL Commissioner Joseph Boeser Present Vice - Chairperson Tushar Desai Absent Chairperson Lorraine Fischer Present Commissioner Harland Hess Absent Commissioner Robert Martin Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Joe Walton Present Commissioner Jeremy Yarwood Present City Staff Present: Tom Ekstrand, City Planner Chuck Ahl, Assistant City Manager Robert Mittet, City Finance Director VII. UNFINISHED BUSINESS a. Conditional Use Permit Amendment — Bruentrup Heritage Farm, 2170 County Road D City planner Tom Ekstrand presented the staff report for the request for a conditional use permit amendment for the Bruentrup Heritage Farm. Mr. Ekstrand reviewed the latest revisions proposed by the Maplewood Area Historical Society since the commission's last review of this item. Commissioner Trippler said he is not in favor of allowing music or noise until 10 p.m. at this site and he also does not agree with their proposal for off -site parking. Commissioner Pearson said he does not support off -site parking and that it sets a stupid precedent and he will not support this. Commissioner Boeser said he does not support the parking shuttle concept. Mr. Boeser suggested that there is adequate space on the site to provide on -site parking including screening without touching the integrity of the farm. Commissioner Walton said there is still the noise issue to deal with. Commissioner Boeser responded that the Maplewood Area Historical Society has approved an outdoor 9 p.m. noise /music deadline and this deadline could be required indoors also. Commissioner Walton said the staff recommendation includes a condition requiring compliance with the city's noise ordinance. Commissioner Trippler moved the planning commission recommend approval of the amendment to the Maplewood Area Historical Society's Conditional Use Permit for the use of the Bruentrup Packet Page Number 83 of 285 Planning Commission -2- Minutes of 07 -07 -09 Heritage Farm site (2170 County Road D) with the following conditions (additions to staff conditions are underlined if added and stricken if deleted): 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3. The applicant or contractor shall complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, a handicap - parking sign for each handicap - parking space and an address on the building. c. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not need to be screened. d. Install site- security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source is not visible and so it does not cause any nuisance to drivers or neighbors. 4. If any r equired work is not done • w temporary occupancy if the city dete rmines that the w ork is not to the public health safety or ` 5. All • rk shall follow the approved plans director of i development appro min or i` - 1 Appl a New C onditions which armly to the subleasina of by • for i` fundraising eve • Update the January 2008 Bruentrup H er i tage F arm M aster Pl an to i nc l ude corre c ond i t i ons , par re and purpose and i n t ent o uses i nc l ud i ng an sub fun dra i s i ng e vents. Parkin 7. s h a ll be on o nly. 7. 1 !i S. Q# site paFkiRg at Sahq;tinn a ! ' ! ! . . i b. T-FaRspeFtatiGR Gf guests iA ;_4 �.AiagGR pulled by a tFaGter tQ_ ;-;Ad- from the SalvatiAR 1 P rairie Packet Pa b Planning Commission Minutes of 07-07-09 • - r M616t 8 n sure safe pedestrian GFOSSing at the . a. of .. a . 1 and l l -9. Off-site parking Harbor . . parking a _ • • to- 2127 . • Road i Pn i limited 8. Any large-scale music proposed for any event on the site (such as DJs and bands) should be to inside the barn. • Use of • i ly with the city's noise ordinance which requires no disturbing noises be generated before 7 a m. and after 7 i ! In exchange for occasional use of Bruentrup Heritage Farm site by • society the of • no charge for their annual fundraising Halloween " !' Down. 11. The society will work with Maplewood city staff to coordinate the management of the oak savanna located west of the entry drive within the Bruentrup Heritage Farm site with the intent of continuing to manage that portion of the site as oak savanna. 12. The barn must be posted with a maximum occupancy of 290 people. 13. Subleased large fundraising events are allowed six times per year. 14. Subleased large fundraising events are allowed from 10 a.m. to 10 p.m. 15. Maximum number of occupants allowed on site for large fundraising events in which alcohol will be served is limited to 290 people. 16. Appropriate liquor license must be obtained prior to serving alcohol on the site. 17. The society must obtain the appropriate liability coverage for subleased large events which holds the city harmless. 18. A rental agreement must be approved by the city which dictates hours of use, maximum number of people, location of parking, etc. Commissioner Pearson seconded Ayes — all The motion passed. Packet Page Number 85 of 285 ►s F �Ato] Maplewood City Council Meeting June 14, 1999 (Partial Minutes Regarding Bruentrup CUP) 3. 7:53 P.M. Bruentrup Farm Relocation (2170 County Road D) - Conditional Use Permit - Waiver of City Code Requirements - Plan Approval a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. C. Director of Community Development Coleman presented the specifics of the report and answered questions posed by the Council. d. Commissioner Lorraine Fischer presented the Planning Commission report. e. Boardmember Ananth Shankar presented the Community Design Review Board report. Mayor Rossbach opened the public hearing calling for proponents or opponents. The following persons were heard: Carolyn Peterson, 1999 Jackson, representing Friends of Bruentrup Farm Peter Boulay, E. Cnty Rd. C, Maplewood Area Historical Society Bill Bruentrup, 2380 White Bear Avenue g. Mayor Rossbach closed the public hearing. Councilmember Carlson moved /introduced the following Resolution approving a Conditional Use Permit (CUP) for the relocation of the Bruentrup Farm to the city property at 2170 County Raod D and moved to approve the following resolution waiving the code requirements for parking lot paving, parking lot striping, parking lot curbing and an in- ground irrigation system for the relocated Bruentrup farm at 2170 County Road D and moved to approve the plans (dated 6 -2 -99) for the proposed relocation of the Bruentrup farm to the city property at 2170 County Road D. The city bases this approval on the findings required by the code. The property owner (the city) and the Maplewood istorical Society shall do the following: Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3. The applicant or contractor shall complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, a handicap - parking sign for each handicap - parking space and an address on the building. C. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. Packet Page Number 86 of 285 6 -14 -99 d. Install site - security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source in not visible and so it does not cause any nuisance to drivers or neighbors. 4. If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. 5. All work shall follow the approved plans. The director of community development may approve minor changes. CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the Maplewood Historical Society applied for a conditional use permit for the relocation of the Bruentrup farm to city open space property. WHEREAS, this permit applies to the property on the south side of County Road D between McKnight Road and Ariel Street. The legal description is: Except the East 633 feet of the North 183 feet and except the South 150 feet of the North 333 feet of the East 213 feet and except the South 905 feet, the NE 114 of the NE 114 (subject to roads and easements), in Section 2, Township 29, Range 22. (PIN 02- 29 -22 -11 -0009) WHEREAS, the history of this conditional use permit is as follows: On June 7, 1999, the planning commission recommended that the city council approve this permit. 2. On June 14, 1999, the city council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. Packet Page Number 87 of 285 6 -14 -99 2 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. 10. The city council has determined that waiving Requirement One from above for this public use would balance the public interest between governmental units by allowing for the relocation and preservation of the farm buildings on a city -owned open space property. Approval is subject to the following conditions 1 . All construction and building locations shall follow the site plan approved by the city. Additional buildings from the Bruentrup site may be allowed if funding permits. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The city shall add more parking to the site if they deem it necessary. 5. Any new lights shall be installed to meet the city code. This requires that they be screened or aimed so they do not cause any light -glare problems on streets or residential properties. 6. If necessary, the city shall get a permit from the watershed district for the grading and site disturbance. Packet Page Number 88 of 285 6 -14 -99 3 Attachment 11 • To: Shann Finwall, AICP, Environmental Planner From: David Fisher, Building Official Subject: Bruentrup Heritage Farm at 2170 Co Rd D E — Conditional Use Permit Amendment Date: May 7, 2009 - The building code analysis provide by John Gaspar, NAI Architects, Inc. had a maximum occupant load on the upper level of 165 occupants and a maximum occupant load of 125 on the lower level when the plans were submitted for construction. - The building code requires the maximum occupant load to be posted in the building. o Post the upper level with a maximum occupant load of 165 occupants. o Post the lower level with a maximum occupant load of 125 occupants. - Notify the Minnesota Historical Society per the 20 year agreement with the city. - Provide accessible parking. Packet Page Number 89 of 285 Attachment 12 MINUTES MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, July 08, 2042 Council Chambers, Municipal Building Meeting No. 02 -14 (PARTIAL MINUTES — PERTAINING TO BRUENTRUP FARM CUP) 1 _ 7:15 p.m. Bruentrup Farm (2170 County Road D) A. Conditional Use Permit Revision B. Design Approval C. Consider Funding Options D. Change Order Authorizing Construction a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Jackie Monahan -Junek presented the Planning Commission Report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Conditional (Ise Permit Revision. George Rossbach, 1406 East County Road C, Maplewood Carolyn Peterson, ISO I Gervais Avenue, Maplewood Charlotte Wasiluk, 1740 Frank Street, Maplewood Deb Charpentier, 2212 County Road D East, Maplewood Kevin Berglund, 1929 Kingston, Maplewood Councilmember Collins moved to table this item until after item H3. Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmember Collins Nays- Councilmembers Juenemann, Koppen and Wasiluk Motion failed. Councilmember Koppen moved to adopt the resolution approving a revised conditional use permit (CUP) for the Bruentrup Heritage Farm at 2170 County Road D: RESOLUTION 02 -07 -126 CONDITIONAL USE PERMIT REVISION WHEREAS, the Maplewood Historical Society was granted a Conditional Use Permit on June 14, 1999, for the Bruentrup Heritage Farm at 2170 County Road D, further described as: Except the East 633 feet of the North 183 feet and except the South 150 feet of the North 333 feet of the East 213 feet and except the South 905 feet, the NE 1 /4 (subject to roads and easements), in Section 2, Township 29, Range 22. (PIN 02- 29 -22 -11 -0009) Packet Page Number 90 of 285 WHEREAS, the Maplewood Historical Society has submitted a site plan proposing a parking lot on the eastern side of the Bruentrup Heritage Farm site. WHEREAS, on July 1, 2002, the planning commission reviewed the site plan revisions and recommended that the City Council approve this permit revision. WHEREAS, on July 8, 2002, the City Council conducted a public hearing on said site plan and Conditional Use Permit (CUP) Revision, after due published notice in the legal newspaper and notice of said hearing was mailed to surrounding property owners, and after considering all testimony from every person or persons wishing to speak or those who wished to submit written statements, and after considering reports and recommendations from city staff and the planning commission. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate area 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, smoking, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. b. 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 and design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): All construction shall follow the approved site plan dated May 17, 2002, for the proposed 21 -car parking lot for the BruentnM Heritage Farm to be located on the eastern side of the farm house building, which shall include a bus turnaround, subject to the addition of extensive landscape features which shall be designed by a registered landscape architect to screen from view the properties to the east and northeast of the parkin log t. Approval is granted siting; the fact that the parking lot is located and designed to minimize the impact to the City owned and maintained Packet Page Number 91 of 285 open space, and that the parking lot would not change and is consistent with the operation of the Bruentrup Heritage Farm as a public facility. 2. All construction shall follow the site plan approved by the City. The City Engineer may approve minor changes to the site plan. 3. The City Council shall review this permit in one year. 4. Any parkin lot lights shall be installed per City code, subject to the approval of the City Engineer. 5. The site plan dated May 1999 shall be deemed the approved site plan for the BruentnM Heritage Farm site, except the addition of the 21 -car parking lot on the eastern side of the site. Seconded by Councilmember Wasiluk Ayes- Councilmembers Collins, Koppen, Juenemann and Wasiluk Nays -Mayor Cardinal Design Approval: Deb Charpentier, 2212 County Road D East, Maplewood Dave Huebl, 2191 County Road D East, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood George Rossbach, 1406 East County Road C, Maplewood Councilmember Koppen moved to approve the design plans for the BruentuM Heritage Farm Parking Lot at 2170 County Road D. Councilmember Wasiluk offered a friendly proposal to work with the neighbors on the agreeable screening. Seconded by Councilmember Juenemann Ayes- Councihnember Collins, Koppen, Wasiluk and Juenemann Nays -Mayor Cardinal Packet Page Number 92 of 285 13 A i To: Shann Finwall From: Lieutenant Richard Doblar/W Date; May 15, 2009 Re: PROJECT REVIEW— Bruentrup Heritage Farm After reviewing the attached proposal for the rental and hosting of large and small events at the Bruentrup Heritage farm site, I have the following comments and suggestions: 1. Noise from events such as weddings that incorporate disc jockeys and or live bands beyond 2200 hours would generate noise complaints. This is due to the close proximity of residential housing to the immediate south of the farm property. This would be especially true if the music was held outdoors. The city noise ordinance (18-111) does allow for exceptions under permitted and sanctioned events from the city. However, consideration should be given to limit those hours to not later than 2200. 2. Outside events held after the hours of darkness where extra lighting may be utilized could potentially generate further citizen complaints (Public Nuisance 18- 30/33). Again, this would be covered under the pen 3. During events where liquor is to be served I sold, there should be a paid off -duty Maplewood Police Officer on site. This would mirror the Maplewood Community Center when liquor is served during events there. If there are any questions or concerns regarding these comments or suggestions, please feel free to contact me at your earliest convenience. I can be reached at (651) 249-2604 or via e-mail at richard.doblar@ci. maplewood.mn. us Packet Page Number 93 of 285 Attachment 14 RESOLUTION No. Maplewood Area Historical Society Conditional Use Permit Amendment for the Bruentrup Heritage Farm WHEREAS, the Maplewood Area Historical Society was granted a Conditional Use Permit on June 14, 1999, and July 28, 2002 for the society to operate a public facility on the Bruentrup Heritage Farm at 2170 County Road D. Bruentrup Heritage Farm is further described as a 2.36 acre site within the Maplewood Prairie Farm Neighborhood Preserve as defined in the April 6, 2009, lease boundary completed by the City of Maplewood Department of Public Works. WHEREAS, the Maplewood Area Historical Society has submitted a proposal to amend their conditional use permit to allow for the subleasing of the Bruentrup Heritage Farm for non - historical fundraising events. WHEREAS, on May 19, 2009, the planning commission held a public hearing to review the conditional use permit revision. After due published notice in the legal newspaper and notice of said hearing was mailed to surrounding property owners, and after considering all testimony from every person or persons wishing to speak or those who wished to submit written statements, and after considering reports and recommendations from city staff the planning commission tabled the item for review by the city's historical preservation commission. WHEREAS, on May 21, 2009, the historical preservation commission reviewed the conditional use permit revision and recommended approval of the Maplewood Area Historical Commission's fundraising proposal. WHEREAS, on July 7, 2009, the planning commission reviewed the historical preservation commission's recommendations and the conditional use permit amendment and recommended approval of the fundraising proposal, on the condition that all parking for these events be accommodated on site. WHEREAS, on July 27, 2009, the city council reviewed the planning commission and historical preservation commission's recommendation and the conditional use permit amendment. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL approves the above - described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate area 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, smoking, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. Packet Page Number 94 of 285 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. S. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development and design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions to the original 1999 and 2002 conditional use permits are underlined if added and stricken if deleted): Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3. The applicant or contractor shall complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, a handicap - parking sign for each handicap - parking space and an address on the building. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. d. Install site - security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source in not visible and so it does not cause any nuisance to drivers or neighbors. 4. If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. 5. All work shall follow the approved plans. The director of community development may approve minor changes. New Conditions Which Apply to All Uses at the Bruentrup Heritage Farm: 6. Update the January 2008 Bruentrup Heritage Farm Master Plan to include correct site size, site conditions, parking references, and purpose and intent of uses including @ny large non - historical fundraising events. 7. When the parking lot located east of the site cannot accommodate parking for an event (i.e., events where there are more than 84 people based on 4 people per vehicle in the 21 space Packet Page Number 95 of 285 harking lot located to the east of the site) the society must supply off -site Parking to accommodate the events. 8. Off -site Parking at Salvation Army (78 Parking spaces at 2080 Woodlyn Avenue a. The society must suply the city with a signed parking agreement between the society and the owners of the Salvation Army for the use of the parking lot. b. Transportation of guests in a wagon pulled by a tractor to and from the Salvation Army parking lot (Woodlyn Avenue) on a trail through the Prairie Farm Neighborhood Preserve is only allowed during daytime hours. C. The society must ensure safe pedestrian crossing at the intersection of Woodlyn Avenue and Ariel Street for visitors harking in the Salvation AM parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 9. Off -site parking at Harbor Pointe (278 parking spaces at 2079 to 2127 County Road D): a. The society must supply the city with a signed parking agreement between the society and the owners of Harbor Pointe which allows the use of this parking lot. b. The society must ensure safe bedestrian crossiniz at the intersection of Countv Road D and Ariel Street for visitors harking in the Harbor Pointe parking lot. Safe pedestrian crossing can involve temporary signs or crossing u, g ards. 10. Any large scale music proposed for any event on the site (such as DJs and bands) should be limited to inside the barn. 11. Use of the farm must comply with the city's noise ordinance which requires that no disturbing noises be generated before 7 a.m. and after 7 h.m. 12. In exchange for occasional use of the Bruentrup Heritage Farm site by the city, the city will allow the society the use of the Community Center at no charge for their annual fundraising Halloween Hoe Down. 13. The society will work with Maplewood city staff to coordinate the management of the oak savanna located west of the entry drive within the Bruentrup Heritage Farm site with the intent of continuing to manage that portion of the site as oak savanna. 14. The barn must be posted with a maximum occupancy of 290 people. New Conditions Which Apply to the Subleasing of the Site by the Society for Large Non - Historical Fundraising Events: 15. Subleased large non - historical fundraising events are allowed six times per year. 16. Subleased large non - historical fundraising events are allowed from 10 a.m. to 10 p.m. 17. Parking for subleased large non - historical fundraising events in which alcohol will be served is limited to the parking lot on the east side of the site and the Harbor Pointe parking lot located about a block west of the site on the north side of County Road D. Packet Page Number 96 of 285 18. Maximum number of occupants allowed on site for large non - historical fundraising events in which alcohol will be served is limited to 290 people. 19. Appropriate liquor licenses must be obtained prior to serving alcohol on the site. 20. The society must obtain the appropriate liability coverage for large non - historical fundraising events which holds the city harmless. 21. A rental agreement must be approved by the city which dictates hours of use, maximum number of people, location of parking, etc. Packet Page Number 97 of 285 Agenda Item L3 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Kummer, Civil Engineer 11 SUBJECT: Holloway Avenue and Stanich Highlands Area Improvements, Project 09 -13 a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll c. Approval of Joint Powers Agreement with the City of North St. Paul DATE: July 17, 2009 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Wednesday, August 19 2009 at city hall. Following the approval of plans and advertising for bids, the next step in the improvement process is to order preparation of the assessment roll, approve the assessment roll, and then call for an assessment hearing. It is anticipated that the award of bid would be considered by the city council at the August 24, 2009 city council meeting. Background The city council ordered the preparation of this feasibility study at the June 1, 2009 meeting. On June 22, 2009 the city council accepted the feasibility report and ordered the public hearing. The project was then ordered and preparation of plans and specifications was authorized at the July 13, 2009 council meeting after the public hearing was conducted. The proposed project area is illustrated on the attached project location map and consists of the Stanich Highlands area (Ripley Avenue, Kingston Avenue, Price Avenue, Hazel Street, Stanich Place, and Ruth Street) north of Larpenteur Avenue and southeast of North St. Paul Road; and of Holloway Avenue from North St. Paul Road to McKnight Road. Holloway Avenue is a border street with the City of North St. Paul. The City of North St. Paul's approval of the project will be considered at a public hearing on July 21, 2009, which also includes approval of the joint powers agreement. A neighborhood open house will be scheduled to allow residents to view the proposed design plans, ask questions about the project, and allow staff to receive additional input from residents. DISCUSSION Approximately 1.7 miles of street will be reconstructed or resurfaced as a part of this project. Holloway Avenue between Beebe Road and Furness Street is in better condition than other streets in the project area and is proposed to be improved by bituminous mill and overlay. All other street segments are proposed to be fully reconstructed. Concrete curb and gutter is proposed along all streets. On streets with existing concrete curb and gutter, curb and gutter spot repair is proposed in areas not requiring full curb construction. It is proposed that existing street widths will be maintained, except in areas where the street width exceeds 32 feet, in which case a 32 -foot width is proposed. A sidewalk is proposed to be constructed along the north side of Holloway Avenue to facilitate pedestrian movements along this roadway. A portion of sidewalk already exists along the north side of Packet Page Number 98 of 285 Agenda Item L3 Holloway between Beebe Road and Furness Street There is existing storm sewer along segments of the project area. New storm structures and storm sewer pipe will be needed to accommodate the new curb and gutter construction and potential changes in roadway width. Repairs will be made to existing structures and pipe as needed. Rain water gardens are proposed in a number of locations to treat storm water and reduce the volume of storm water runoff. Adjacent property owners were surveyed and several expressed interest in participating in the City's rain water garden program. In addition, the project will include a number of larger rain water gardens along the north side of Ripley Avenue in Goodrich Park. On July 15, 2009, the project was presented before the Parks and Recreation Commission and they recommended approval of the rain water gardens in Goodrich Park. Due to a significant number of water main breaks in the Stanich Highlands area, water main in this area is proposed to be fully reconstructed. In addition, a portion of the North St. Paul water main along the north side of Holloway Avenue will be replaced. Repairs to the sanitary sewer system are proposed as identified through televising of the mainline and services. PROJECT BUDGET The approved project budget is $3,870,000. The following is a summary of the approved financing plan: Financing Source Amount City of Maplewood — G.O. Improvement Fund $ 1,245,367 City of Maplewood Street Assessments $ 644,383 City of Maplewood Storm Assessments $ 74,250 City of Maplewood Sanitary Sewer Utility Fund $ 94,000 City of Maplewood M.S.A. — Bonds $ 434,500 City of Maplewood WAC Funds for St. Paul $ 45,300 City of Maplewood Environmental Utility Fund $ 152,000 City of North St. Paul Street Assessments $ 129,868 City of North St. Paul Funds $ 342,632 SPRWS Funds $ 621,700 Ramsey County Funds $ 56,000 Maplewood Driveway Replacement Program $ 30,000 Total $ 3,870,000 RECOMMENDATION It is recommended that the city council approve the attached resolutions for the Holloway Avenue and Stanich Highlands Area Improvements, Project 09 -13: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. It is also recommended that the city council approve the attached Joint Powers Agreement with the City of North St. Paul. Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Joint Powers Agreement with North Saint Paul 4. Location Map Packet Page Number 99 of 285 Agenda Item L3 Attachment 1 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on July 13 2009, plans and specifications for Holloway Avenue and Stanich Highlands Area Improvements, Project 09 -13, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty -one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 19th day of August, 2009, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 24 2009 Packet Page Number 100 of 285 Agenda Item L3 Attachment 2 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Holloway Avenue and Stanich Highlands Area Street Improvements, City Project 09 -13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Packet Page Number 101 of 285 Agenda Item L3 Attachment 3 JOINT - POWERS AGREEMENT City of Maplewood /City of North Saint Paul Holloway Avenue Improvements — N. St. Paul Road to McKnight Road City of Maplewood Project 09 -13 City of North Saint Paul Project 09 -07 THIS JOINT - POWERS AGREEMENT made and entered in this day of , 2009, by and between the City of Maplewood, Ramsey County, Minnesota, and the City of North Saint Paul, Ramsey County, Minnesota. WHEREAS, the City of Maplewood and the City of North Saint Paul, pursuant to the provision of Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to exercise jointly the governmental powers and functions each has individually; and, WHEREAS, the City of Maplewood is proposing to reconstruct Holloway Avenue from North St. Paul Road to McKnight Road, City Project 09 -13; and, WHEREAS, this segment of Holloway Avenue, between North St. Paul Road and McKnight Road, is located along the boundary between the City of Maplewood and the City of North Saint Paul; and, WHEREAS, the City of North Saint Paul owns and operates the municipal water system that runs along the north side of Holloway Avenue and serves the project area; and, WHEREAS, the City of North Saint Paul wishes to improve their water system by replacing existing watermain along Holloway Avenue between 5 th Street and McKnight Road; and, WHEREAS, the City of Maplewood agrees to include the watermain replacement work as a part of the Holloway Avenue Improvements; and, WHEREAS, the City of Maplewood has contracted with a consulting engineer, Kimley -Horn and Associates, Inc., to prepare a feasibility report and final plans and specifications for said improvements to Holloway Avenue, including the watermain replacement work; and, WHEREAS, the City of Maplewood will solicit competitive bids for the construction of said improvements. NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to wit: Packet Page Number 102 of 285 Agenda Item L3 Attachment 3 1. The City of North Saint Paul shall be responsible for street and storm drainage costs for the reconstruction of the north half of Holloway Avenue between North St. Paul Road and McKnight Road. Based upon the completed feasibility report, the estimated total project cost for these street and storm drainage improvements of the north half is $406,500, which includes the construction cost plus a 25% allowance for engineering and administrative costs. The North Saint Paul construction cost participation for the street and storm drainage improvements shall be as indicated in the Statement of Estimated Quantities tabulation included in the final plans. 2. The City of Maplewood will include the watermain replacement work requested by the City of North Saint Paul as part of the Holloway Avenue Improvements. The proposed watermain replacement work is illustrated in Exhibit 7 of the feasibility report. The City of North Saint Paul will be responsible for 100% of the total project cost to replace the watermain. Based upon the completed feasibility report, the estimated total project cost for these improvements is $66,000, which includes the construction cost plus a 25% allowance for engineering and administrative costs. 3. Upon the completion of the street reconstruction and watermain replacement, the City of Maplewood shall provide the City of North Saint Paul with the actual cost of said improvements based upon the actual bid prices and final quantities and including a 25% allowance for engineering and administrative costs. 4. The City of Maplewood agrees to carry the actual costs of improvements for North St. Paul until February 2011 with a 3.5% one -time charge. The City of North St. Paul agrees to pay the City of Maplewood for the actual cost of said improvements in addition to a one -time 3.5% charge applied to all carried costs. North St. Paul shall pay the City of Maplewood in February 2011 upon receiving mailed notice and invoice from the City of Maplewood. 5. The City of Maplewood and the City of North Saint Paul agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, -2- Packet Page Number 103 of 285 Agenda Item L3 Attachment 3 but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to other parties as a result of the manner in which the City of Maplewood or the City of North Saint Paul perform or fail to perform duties imposed on each party by the terms of this agreement. 6. This agreement shall remain in full force and effect until terminated by mutual agreement of the City of Maplewood and the City of North Saint Paul or by an independent arbitrator in the event that there is not a neutral agreement. 7. It is agreed that, except as specifically provided hereby the execution of this agreement, neither party relinquishes any rights or powers possessed by it, neither parry is relieved of any responsibility, duty or obligation imposed on it by law or regulation. 8. Data Practices: a. The City of Maplewood and the City of North Saint Paul agree to comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality; b. The City of Maplewood and the City of North Saint Paul will immediately report to each other any requests from third parties for information relating to this Agreement. c. The City of Maplewood and the City of North Saint Paul agree to promptly respond to each other's inquiries concerning data requests. 9. Arbitration of Disputes: Any controversy claim arising out of or relating to this Agreement or breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. -3- Packet Page Number 104 of 285 Agenda Item L3 Attachment 3 10. Notices: Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United State mail to the addresses hereinafter set froth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mailed in accordance with the above. The address of the parties hereto for such mailed purposes are as follows: City Manager City of Maplewood 1830 County Road B E Maplewood, MN 55109 City Manager City of North St. Paul 2400 Margaret Street North St. Paul, MN 55109 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized representatives. Dated Dated CITY OF MAPLEWOOD By Its Mayor By Its City Manager CITY OF NORTH SAINT PAUL By Its Mayor By Its City Manager -4- Packet Page Number 105 of 285 naa item L3 ttacnmeMr - - - - - ------- __ - I - ' I AVE I Kn�e H-ad 4th N�ORtf� 1 4 t AVE�� ke COPE AVE. A A E. P 3rd LARK AVE. P E N N rn� LLJ PL > ST _j PL. FT 9 . PA L 9r 2nd < < LAURIE LAURIE co < 0 Po _ LLj < < U, RD. RST AVE, 2 : < n 1 376 AVE. V < SANDHUI RS SOUTH W 1 < 02� T B CIO� R 1). < BURKE BURKE AVE TZ < BURKE AVE. EL z - ELD z ) i � �; ELDRIDG� E AVE. U 6 6 4 W 605 CEN TE R AVE BE LM ONE-) _ _ �, w : ' _ o j L VENT LA. E < CD AVE PROJECT SKILL VAN VE� SK ILLMAN HARR�S/ A E� 1 L'i SHRYER AVE. N ROSEWOOD �1000 < AVE. A N H A VE. AVE, LOCATION S RYER - :R:O S E = 0 0 D R YAN 'A LA. _Q1 AVE AVE 0 � 0 COWERN A VE. H L OWAY AVE. . ......... X 0)8 iEY <1 U MV W SEA DOW AVE, 0 Su I KNOL 7' I 150 RI AVE. _j (D Ey z RIPLEY AVE. I LEY f T N! KINGS TO V_ N k KINGSTON AVE. C e -- - 2� Li -0 00 u PRICE AVE '0 6 DA, Cn < 29 4E_ < Lj 064 30 LARPENiEUR UO) QA R �tSTl� CALIF ORNIA AVE 0 DAH V) 0 E. R IDAHO w AVE. CD ID ' - < W W W t t E. IOWA AVE. z HOYT AVE � /� I 40N_ E. HOYT n 'V_ON' T A N A AVE. I z E . < MONTANA AVE � EVL� CR. E. NEBRASKA AVE. NEBRASKA NEVADA 0 A VE, AVF => AVE. ARLINGTON E� AVE. AVF� ARLINGTON E EI� = SHERWOOD I D D E. COTTAGE 1 AVE Cn _j E CLEAR A VE. z Trader U J Court E. Er E . A VE - -� d. HYA AVE. LSEN C CD W 'A I nI i i- — OR ANGE 1\ AVE: I < 6 City of Maplewood, Minnesota Department of Public Works Engineering Division ........... ....... .... .... ........... ... .......... PROJECT LOCATION MAP NORTH STREET IMPROVEMENTS CITY OF MAPLEWOOD CITY OF NORTH ST. PAUL "HIBIT 1 Packet Page Number 106 oF2A Agenda Item L4 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director SUBJECT: Stillwater Road /TH 5 Street, Sidewalk, and Drainage Improvements, City Project 09 -04, Resolution Accepting Preliminary Report and Calling Public Hearing for August 10, 2009 DATE: July 17, 2009 INTRODUCTION The feasibility study for the Stillwater Road /TH 5 Street, Sidewalk, and Drainage Improvements, City Project 09 -04, is complete and available in the office of the City Engineer. The study includes information on the scope of the proposed improvements, the estimated costs, a proposed financing plan, and the schedule for the implementation of the improvements. The Council will consider accepting the feasibility study and ordering a public hearing. BACKGROUND This project includes improvements to address pedestrian safety, drainage, and roadway maintenance issues along Stillwater Road between Lakewood Drive and Century Avenue. The total project length is approximately 4,200 feet. The proposed project area is illustrated on the attached project location map. The project includes the following improvements: • Sidewalk construction along the south side of Stillwater Road • Curb and gutter installation along the south side of Stillwater Road • Storm sewer installation along the south side of Stillwater Road • Improvements to the existing rural ditch drainage system in the project area • Mill and overlay of Stillwater Road • Other safety improvements including driver feedback signs, street lighting, and cross walk installation This project was initiated a few years ago as a part of a grassroots effort led by some of the area residents to get improvements made to Stillwater Road. Stillwater Road residents John O'Phelan, Mark Anderson, and others from the neighborhood have been leading the charge and they have involved Senator Wiger and Representative Slawik in their efforts. On February 23, 2009, the City Council ordered the preparation of a feasibility study to further investigate the propose improvements. Since that time, the following steps have been taken to advance the project: Neighborhood meetings were held on March 12 and June 17 to gather resident input. Topographic survey and geotechnical exploration information has been gathered for the project area. Surveys /questionnaires have been distributed to the area residents to gather additional input. 71 questionnaires were mailed out and, to date, we have received completed questionnaires from 38 residents. Packet Page Number 107 of 285 Agenda Item L4 • Preliminary plans have been developed for the proposed improvements and the improvements have been staked in the field to help residents understand the impact of the project. • A coordination meeting has been held with the private utility companies to discuss the impacts of the project on the existing overhead utilities in the area. • Since Stillwater Road is a trunk highway under Mn /DOT's jurisdiction, numerous design coordination meetings have been conducted with Mn /DOT staff. • Preliminary easement acquisition requirements have been identified for the improvements. Based on the preliminary design, the project will require the dedication of permanent sidewalk, drainage, and utility easements from 24 separate property owners. The feasibility study considers all of the information identified above City staff submitted this project for consideration of federal American Recovery and Reinvestment Act (ARRA) funding in April. We were informed in May that the project was successful in obtaining $800,000 in ARRA funds. In order to receive these funds, the project plans and environmental documentation must be complete and approved by Mn /DOT no later than November 13, 2009. In addition to the ARRA funding, Mn /DOT has agreed to provide an additional $800,000 in funding for the mill and overlay portion of the project; however, these funds will not be available until 2015. BUDGET The total project budget as reported in the feasibility study is $2,208,700. The following is a summary of the preliminary financing plan for the project. Financing Source Amount ARRA Stimulus Funds $ 800,000 Mn /DOT Funds (Mill & Overlay) $ 800,000 Municipal State Aid Funds $ 508,700 Maplewood EUF $ 100,000 Total $ 2,208,700 RECOMMENDATION It is recommended that the City Council approve the attached resolution accepting the report, authorizing the preparation of plans and specifications, and calling a public hearing for 7:00 p.m. on Monday, August 10, 2009. Attachments: 1. Resolution 2. Location Map 3. Executive Summary Packet Page Number 108 of 285 Agenda Item L4 Attachment 1 RESOLUTION ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the Council adopted February 23` 2009, a report has been prepared for the Stillwater Road Street, Sidewalk, and Drainage Improvements, City Project 09 -04, and this report was received by the Council on July 27 2009, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council will consider the improvements in accordance with the report at an estimated total cost for the improvements of $2,208,700. 2. The City's consultant, Kimley Horn and Associates, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A budget of $2,208,700 shall be established for the project. The proposed financing plan is as follows: Financing Source Amount ARRA Stimulus Funds $ 800,000 Mn /DOT Funds (Mill & Overlay) $ 800,000 Municipal State Aid Funds $ 508,700 Maplewood EUF $ 100.000 Total $ 2,208,700 4. A public hearing shall be held on such proposed improvement on the 10 day of August 2009 in the Council Chambers of City Hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Packet Page Number 109 of 285 W PROJECT LOCATION MAP City of Maplewood, Minnesota STILLWATER ROAD Department of Public Works STREET, SIDEWALK, AND EnginceiYng Division DRAINAGE IMPROVEMENTS EM FjlQmley-ftn CITY PROJECT 09-04 aW Amdft 1w. SP NO. 138-010-17 MY AW 24MMUM IL ta r 645-4107 a. PAW wamm FAX ta 60-5116 Packet Page Number 110 of "fXHIBIT I CITY OF MAPLEWOOD Agenda Item Attachment t 3 3 STILLWATER ROAD /TH 5 STREET, SIDEWALK, AND DRAINAGE IMPROVEMENTS MAPLEWOOD CITY PROJECT 09 -04 SP No. 138- 010 -17 EXECUTIVE SUMMARY This feasibility study and report has been prepared for the Stillwater Road /TH 5 Street, Sidewalk, and Drainage Improvements, Maplewood City Project 09 -04. This project includes improvements to address pedestrian safety, drainage, and roadway maintenance issues along Stillwater Road between Lakewood Drive and Century Avenue. This feasibility report identifies the proposed improvements, estimated costs, a proposed financing plan, and a recommended implementation schedule for the improvements. This report also identifies the necessary easement acquisition to allow the project to proceed to construction. The proposed improvements included as a part of this project are as follows: • Sidewalk construction along the south side of Stillwater Road • Curb and gutter installation along the south side of Stillwater Road • Storm sewer installation along the south side of Stillwater Road • Improvements to the existing rural ditch drainage system in the project area • Mill and overlay of Stillwater Road • Other safety improvements including driver feedback signs, street lighting, and cross walk installation The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 31.5% allowance for indirect costs. Proposed Improvement Estimated Cost Street Improvements $ 1,519,400 Storm Sewer Improvements $ 544,300 Sanitary Sewer Improvements $ 125,000 Safety Improvements $ 20,000 Total Project Cost $ 2,208,700 The improvements are proposed to be financed through a combination of ARRA Stimulus Funds, Mn/DOT funds, Municipal State Aid (MSA) funds, and Maplewood Environmental Utility Funds (EUF). The following is a summary of the estimated amounts from each of the proposed financing sources. Financing Source Amount ARRA Stimulus Funds $ 800,000 Mn/DOT Funds $ 800,000 MSA Funds $ 508,700 Maplewood EUF $ 100,000 Total $ 2,208,700 Packet Page Number 111 of 285 Agenda Item L4 Attachment 3 The proposed schedule for the implementation of the project is as follows: City Council Authorization to Begin Work February 23, 2009 Neighborhood Open House Meeting 91 March 12, 2009 Neighborhood Open House Meeting 92 June 17, 2009 City Council Receives Feasibility Report, Calls Public July 27, 2009 Hearing, and Authorizes Preparation of Plans & Specs Public Hearing August 10, 2009 Project Memorandum Complete August 17, 2009 Final Plans Complete for Submittal to Mn/DOT for August 17, 2009 State Aid /Federal Aid Review Easement Acquisition Complete October 2009 Mn/DOT Federal Aid Review and Approval October 2009 City Council Approves Plans & Specs and November 9, 2009 Authorizes Ad for Bids Bid Opening December 11, 2009 Contract Award January 11, 2010 Start Construction May 2010 Construction Complete September 2010 Close coordination with Mn/DOT will be required to meet this schedule Based on the analysis completed as a part of this report, the proposed Stillwater RoadlTH 5 Street, Sidewalk, and Drainage Improvements, City Project 09 -04, are feasible, necessary, and cost effective. ii Packet Page Number 112 of 285 AGENDA NO. L -5 AGENDA REPORT To: Jim Antonen, City Manager From: Bob Mittet, Finance Director Date: July 22, 2009 Re: Resolution Establishing Depository Services Account for ATM Activity BACKGROUND During the Council Manager Workshop in which David Mol of HLB Tautges Redpath, Ltd discussed the results of the audit, he suggested that a separate bank account might make reconciliation of the ATM activity easier to accomplish. Based on that discussion, staff has attached the resolution required by US Bank to establish that account. RECOMMENDATION Staff recommends adoption of the resolution establishing a new bank account for ATM activity. Packet Page Number 113 of 285 DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: City of Maplewood CONTACT: Robert Mittet ADDRESS: 1830 Countv Road B East Maplewood, MN 55109 TAX IDENTIFICATION NUMBER: 41- 6008920 I, Karen Guilfoile (name of certi, f ping officer) do hereby certify that I am the City Clerk (title of certili�ing offcer) of the above -named governmental entity (therein called the 'Depositor') a City existing under the laws of the State of Minnesota and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly and properly called and held on the 27th day of July 1 2009 ; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED, that U.S. Bank National Association is hereby designated as a depository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in vvhatever form or manner transferred to endorsed; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED, that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of a facsimile or mechanical signature or otherwise authorized, by any one of the individuals listed in the section entitled "Authorized Signers ", and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the Depositor from time to time. RESOLVED, that the City Clerk (identif certifying officer by title) hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. Packet Page Number 114 of 285 RESOLVED, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED, That any and all transactions by or on behalf of the Depositor with the Bank prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled "Authorized Signers ". I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number: Authorized Signers Name Title Diana Longrie Mayor James W. Antonen City Manager Robert A Mittet Finance Director Signature IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this day of (Cettifjzing Officer) (Attest by one other of eer) (Title) FOOTNOTE: I OPEN DATE REVISED DATE SIO TEAM OWNER NIA Branch Number: Cost Center: Call Tracking Number: Service Banker: Service Banker Review: Validated by: Revised 071/13/2007 1 20 (Title) 2 Team Leader Review: FileNet Indexed by: Packet Page Number 115 of 285 Agenda Item L6 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Planned Unit Development Revision for Century Trails Apartments by CommonBond Communities LOCATION: Benet Road and Monastery Way DATE: July 20, 2009 INTRODUCTION Project Description CommonBond Communities is proposing to build their second phase of development at the St. Paul's Monastery property, located at the northwest corner of Larpenteur and Century Avenues. This proposal would be a three - story, 40 -unit apartment for seniors. The proposed apartments would be located north of the recently completed 49 -unit town house development. Refer to the applicant's letter of request and the attached maps and drawings. Requests The applicant is requesting approval of the following: • A PUD (planned unit development) revision to provide unit sizes that are less than the required 580- square -foot minimum as stated in the zoning ordinance. * Approval of design plans. BACKGROUND May 14, 2007: The city council approved the PUD and preliminary plat for the overall development plan for the Sisters of St. Benedict. This allowed the following: • A 40 -unit senior - housing apartment building to be operated by CommonBond Communities. • A 50 -unit town house development also to be built and operated by CommonBond (though the applicant built 49). • A change in use of the existing monastery to be a family - violence shelter. • A future monastery on the north end of the property. January 14, 2008: The city council approved the installation of the internal streets and other public improvements at the Monastery site. February 12, 2008: The community design review board (CDRB) approved the plans for the new St. Paul's Monastery Building. April 22, 2008: The CDRB approved the plans for the 49 -unit Trails Edge Townhomes. Packet Page Number 116 of 285 �±Ml —Rou 21 1 1) In their narrative, the applicant explains that under their HUD 202 Program financing, they are required to keep the building of a "modest" design. Part of this "modest" design relates to unit size which HUD requires to be kept at a maximum "net rentable" square footage of 540 - square -feet. "Net rentable" means subtracting out any interior wall dimensions. The city's zoning ordinance has set a minimum square footage of 580 square feet for one - bedroom or efficiency units. The city ordinance does not differentiate between "gross" vs. "net" floor area. The city determines square footage from one outside unit wall to the opposite one and so on. We do not subtract the "foot print" of walls within a dwelling unit. There are four proposed unit sizes which would have the following sizes (refer to the floor plan attached in the plans): Unit Design Gross Area Net Area Unit A 562 square feet 527 square feet Unit Al 575 square feet 539 square feet Unit A2 575 square feet 539 square feet Unit A3 550 square feet 515 square feet The applicant, therefore, is requesting, on a gross -area basis, to provide unit sizes which range from 550 square feet to 575 square feet. This is a deviation from the city's requirement of five to 30 square feet less than Maplewood's 580 square foot requirement. The "net area" unit -size range would all be under the HUD requirement for a 540 square foot unit -size maximum. The city's ordinance was written to create minimum floor areas for general, market -rate multi - family units. A unit -size minimum of 580 square feet was determined to be the minimum for such a typical unit. Unit sizes, as it relates specifically for senior citizens was not a specific focus of the ordinance. Unit sizes for seniors, in subsidized buildings, tend to be smaller due to financing requirements and also to keep rents affordable. Staff feels it is beneficial to provide livable, affordable units in the city. If this reduction in floor area is a parameter that HUD requires in order to provide financial assistance and keep rents affordable, it seems to be a reasonable request. The PUD ordinance allows for deviations from the code requirements provided that: • The proposed development has a unique nature for which the code regulation should not apply. • The PUD would be consistent with the purposes of this chapter. • The PUD would produce a development of equal or superior quality to that which would a Packet Page Number 117 of 285 result from strict adherence to this chapter. • The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owner or occupants of nearby land. • The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons. The applicant would also be providing common areas that would be beyond the typical unit area. These common areas include the following space: Community Room Screen Porch Laundry Rooms Lounges Total 1,036 square feet 344 square feet 540 square feet 1.050 square feet 2,970 square feet This equates to 74 square feet of common area available per unit. In conclusion, the proposed unit size reduction is slight and would not affect the livability of these apartments. Site Considerations Parking The proposed apartment complex would have 43 open parking stalls and no garage spaces. The city ordinance requires that there be two parking spaces for each unit with one space being a garage stall. This would require a minimum of 40 open parking spaces and 40 garages. During their initial PUD request in 2007, the applicant included a request to deviate from the parking requirements and showed a plan for 41 surface parking spaces with no garages. The applicant gave the following as justification: "The parking required for the senior affordable apartments is unique to the housing type and not analogous to the parking needs of other multi - family projects. The Maplewood zoning code does not distinguish between Senior Housing developments and other types of multiple dwellings. It is CommonBonds's experience that their senior developments do NOT require two spaces per unit since the majority of seniors living in those dwellings have one or no vehicles. Most no longer drive relying instead on public transportation. The existing bus stop is immediately adjacent to the planned senior development. Thus, the plan indicates fewer spaces than required by Code, but more than CommonBond believes the project will actually require." The council's motion (see attachment 8) to approve the site plan showing 41 parking spaces for the apartments may have been their intention, but that is not clear. In any event, staff supports the proposed number of parking spaces since senior housing projects require fewer parking spaces since their residents drive less. The remaining question is the lack of garages proposed. Providing garages may become a financing issue with the HUD 202 Program financing since that Packet Page Number 118 of 285 may deviate from the "modest" design approach. The planning commission was split on the need for garages, but they did recommend to the community design review board that the applicant provide underground garages if it would not adversely affect HUD financing. The community design review board felt that the garages were an amenity and not a necessity and deleted the staff recommendation for underground garages. Staff could not assume that the council had previously waived the parking requirement as part of the PUD approval. Staff, therefore, had recommended to the planning commission that underground garages be provided. After review by the planning commission and the community design review board, staff finds that it would be preferable to forego the garages if it would hinder the project development. As pointed out by the review board, garages are not a necessity. Building Design and Materials The proposed building exterior design and materials would be attractive. The first floor would have an exterior of manufactured stone. The upper floors would have an exterior of fiber- cement siding for durable, low- maintenance surface. The building colors would be yellow, brown and rust. Parking Lot Dimensions The proposed parking lot meets city requirements dimensionally. The parking stalls would be 9.5 feet by 18 feet as code requires. Drive aisles measure more than 24 feet. Lightin The photometric plan complies with light spread requirements. The applicant should still provide lighting fixture details for review. Landscaping The landscaping plan is attractive. It incorporates a continuation of evergreens along Century Avenue to follow those planted for the townhomes to the south. There would be a boulevard planting row of Red Sunset Maple trees on the north and a mix of deciduous and coniferous trees along Monastery Way. The proposed landscaping includes in- ground lawn irrigation as required by code. The planning commission recommended that the applicant add a protective split rail fence or hedge at the top of the slope east and north of the proposed building. Staff has added this condition to support the planning commissions suggestion. Staff Review Comments Buildinq Official Dave Fisher, the Maplewood Building Official, has the following comments: * The city will require a complete building code analysis. 4 Packet Page Number 119 of 285 • Provide adequate fire department access to the building. • The building must have a fire - sprinkler system. • Handicap accessible parking is required. • A pre - construction meeting with the building inspection department is recommended . Engineering Department Steve Kummer, staff engineer with the city's engineering department, has reviewed the development plan. Please refer to Mr. Kummer's report dated June 17, 2009. gel= Lieutenant Richard Doblar reviewed this proposal and has the following comments • Construction site thefts and burglaries are a large problem affecting many large construction projects throughout the Twin Cities metro area. The contractor should be encouraged to plan and provide for site security during the construction process. On -site security, alarm systems and any other appropriate security measures would be highly encouraged to deter and report theft and suspicious activity in a timely manner. • Appropriate security and street lighting should be provided and maintained within the development in order to assure that addresses are readily recognizable and accessible. • The developer should be encouraged to provide enough vehicle parking spaces for the residents and their guests during special events and occasions such as birthdays and holidays. • The Maplewood Police Department anticipates that calls for service to the new facility will be primarily for medical services. As such, it is highly encouraged that all entrances and exits on the building are clearly marked in order to expedite the arrival of first responder and medical personnel. Assistant Fire Chief /Fire Marshal Butch Gervais, the Assistant Fire Chief /Fire Marshal gave the following comments: • Provide fire protection as required by code. • Provide a fire alarm system as required by code. • Provide a 20- foot -wide fire department access around the building. • Provide a fire department lock box. • Provide a floor plan at the main door where the alarm panel is located. • Provide proper marking of the fire - protection room and fire alarm room. • Provide marked floors directing emergency personnel to apartments. COMMITTEE ACTIONS July 7, 2009: The planning commission recommended approval of this proposal with the change that the developer provide underground garages sufficient enough to serve the facility needs, if not 5 Packet Page Number 120 of 285 specifically excluded by HUD in their financing requirements. The planning commission also recommended that the developer provide a fence or hedge on top of the slope to the east and north of the building as a barrier from the slope. July 14, 2009: The community design review board recommended approval of the proposal with the following additions to the motion: • Delete the requirement for any garages on the site. The board felt garages would be an amenity and not a necessity for the project and did not want to see a requirement for garages hinder this development. • Add a condition for a sidewalk from the proposed building to the existing sidewalk along Monastery Way. * Add additional landscaping along the foundation of the building on its south side. • Require that the monument sign have a base of stone veneer to match that on the building. • Require that stone veneer also be added to the top of the windows on the first level. • Any proposal for building signage shall be brought back to the community design review board for approval. • Require review of this proposal in one year if the applicant has not started the project. RECOMMENDATIONS A. Adopt the resolution approving the amendment of the conditional use permit for the St. Paul's Monastery planned unit development, allowing unit size reductions for the CommonBond Senior Apartment building called Century Trail Senior Housing. The approved unit sizes would be allowed to range from 550 square feet to 575 square feet of gross floor area with a maximum of 540 square feet or net habitable area. Approval is based on the findings required by ordinance in addition to the following reasons: 1. HUD financing is dependent upon reduced unit sizes. 2. The proposed apartment complex would provide useable common areas for the residents such as a community room, screen porch, laundry room and lounges as well as their own dwelling unit space. 3. The PUD ordinance allows for deviations from the code requirements since: • The proposed development has a unique nature for which the code regulation should not apply. • The PUD would be consistent with the purposes of this chapter. 6 Packet Page Number 121 of 285 • The PUD would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. • The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owner or occupants of nearby land. • The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons. Approval is subject to the following conditions: 1. The applicant shall follow the plans date - stamped May 22, 2009. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. The applicant shall comply with all applicable conditions of the May 14, 2007 planned unit development approval for the St. Paul's Monastery development project. B. Approve the plans date - stamped May 22, 2009 for the Century Trails apartments located at the corner of Benet Road, Monastery Way and Century Avenue. Approval is subject to the applicant doing the following: 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 provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of completing exterior improvements like landscaping, in- ground lawn irrigation, parking lot striping and the like. 3. Meet all requirements of the building official, fire marshal and police. 4. Revise the site plan to add a sidewalk from the proposed building to the existing sidewalk along Monastery Way. 5. Comply with the city engineer's report dated June 17, 2009. 6. Provide lighting fixture details for staff approval of the fixture design and light pole height. 7. Comply with applicable May 14, 2007 city council PUD conditions. 8. Provide a site and design plan for the screening of any trash and recycling containers if they would be kept outside. Should a trash enclosure area be proposed in the future, it shall not be placed in any parking space. I Packet Page Number 122 of 285 9. Provide in- ground lawn irrigation as required by the city code. 10. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. 11. Provide either fencing or a hedge on top of the slope to the east and north of the building as a barrier from the slope. 12. Revised the landscaping plan for staff approval to provide foundation plantings on the south side of the building. 13. The base of the monument sign shall be made of stone veneer to match that on the building. 14. The building elevations shall be revised to include stone veneer on the top of the first -story windows. 15. Any proposal for building signs shall be submitted to the community design review board for approval. Packet Page Number 123 of 285 CITIZENS' COMMENTS Staff surveyed the owners of the 56 properties within 500 feet of the site. Of the four replies, two were in favor, one was opposed and one had no comment. In Favor 1. I think this is needed housing for seniors. They should not be forced to move to the city for affordable housing. (Resident 1726 Woodland Lane, Maplewood) 2. We wholeheartedly support allowing unit sizes smaller than City Code for the proposed 40 -unit CommonBond Senior Housing apartments. There is a great need for senior housing and HUD funding is essential to this project. We are proud to be located on the campus as the proposed senior housing. (Sister Carol Rennie, St. Paul's Monastery) Opposed 1. Refer to the letter from Julie and Ray Knudsen, 1711 Woodland Lane. Packet Page Number 124 of 285 REFERENCE INFORMATION SITE DESCRIPTION Site size: 1.86 acres Existing land use: Undeveloped SURROUNDING LAND USES North: Benet Road and St. Paul's Monastery property South: Trails Edge Townhomes East: Century Avenue and undeveloped property in the City of Oakdale West: The former St. Paul's Monastery building and the new monastery building PLANNING Land Use Plan designation: R3H (High- density multiple - dwelling residential) Zoning: PUD (planned unit development) CODE REQUIREMENTS Section 44- 1093(b) of the city ordinances provides that the city council may grant deviations from the city ordinance as part of a PUD based on the following criteria: • The proposed development has a unique nature for which the code regulation should not apply. • The PUD would be consistent with the purposes of this chapter. • The PUD would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. • The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owner or occupants of nearby land. • The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons. Section 44- 1101(b) of the city ordinances provides that the city council shall hold a public hearing to amend a conditional use permit. 10 Packet Page Number 125 of 285 Findings for CUP Approval Section 44- 1097(a) requires that the city council base approval of a CUP on nine findings. Refer to the findings for approval in the resolution. APPLICATION DATE The application for this request was considered complete on May 22, 2009. State law requires that the city decide on these applications within 60 days. The city council would have to act on this proposal, therefore, by July 21, 2009. Since the review period schedule will go beyond that date, staff has extended this review period an additional 60 days as allowed by statute. The extended deadline for council action, therefore, is September 19, 2009. p:sec13 -29 \Priory \Century Trails Seniors Apartments 7 09 #2 to Attachments: 1. Location Map 2. Century Trails Commons Plat Drawing 3. Site /Landscaping Plan 4. Building Elevations 5. Approved PUD Development Plan 6. Century Trails Senior Housing Narrative 7. Steve Kummer's Engineering Report dated June 17, 2009 8. City Council Minutes dated May 14, 2007 9. Survey Response from Julie and Ray Knudsen 10. CUP Resolution 11. Plans date - stamped May 22, 2009 (separate attachments) Z1 Packet Page Number 126 of 285 A N U k-D Ll�;'j LOCATION. MAP St Pau `s Monastery Affachment I Packet Page Number 127 of 285 w Z w F- z w 0 13 � CNJ UL LU fig "r Aor LL ell ` � ~ Packet Page Number 128 of 285 tj so ` � ~ Packet Page Number 128 of 285 MI-a ail V, y N , 01 o P to 0 ou 0 Lu Z Attachment 3 o1 0 IL 0 3: ILI 0 z w �; In 7� I q L- I I 0 Lu 0 CO z V xg. 4 oaamm $t S A s 2 1 - 9 Ik P R. F2 0 1 A A , t Z a. a ts n I I 0 Lu 0 CO z Willne 1pr-li j C 0 � z Project History Commonl3ond Communities purchased the site from the Benedictine Sisters in September of 2008. Its size is approximately three acres and lies at the intersection of Century Avenue and Larpenteur Avenue. Both are major thoroughfares through the East Metro Area. The site is within a fully developed area of the City. The area surrounding the building is primarily single-family in nature with some large open spaces, including a nature preserve, and a school located directly adjacent to the site. In addition the Benedictine Sisters will maintain a presence at the north end of the site, which is the location of their new monastery. Tubman Family Alliance plans to take over the existing Monastery building to consolidate its East Side current operations providing shelter for women and children who have experienced domestic abuse. Washington and Ramsey County services will also be available at the Tubman site. Tubman Family Alliance is a ftill-service family violence prevention agency. All utilities are available to the site. Among Tubman, The Benedictine Sisters, Commonflond Communities Family project, and CommonBond Communities Senior project, there will be almost $1,000,000 in new infrastructure improvements to the whole site. Commonl3ond Communities has a 50-unit family rental townhome project called Trails Edge under construction just to the south of the proposed senior site. Other multi-family residential development is being discussed that would be located immediately south and west of the site. Development of these varied housing types will, create a sense of community at the site. The surrounding neighborhood is primarily single-family homes, some on standard City lots and some on large wooded lots. Along Larpenteur to the west of the site is a large multi-family development and Hill Murray High School. Hill Murray will make a variety Cp of recreational opportunities available to residents, including school plays, concerts, and sporting events. Maplewood is an established suburb with a diverse population of families and seniors. We have repeatedly heard that city leaders are concerned that seniors are leaving Maplewood because of a lack of housing opportunities, so the proposed development will only serve to maintain or improve the existing mix of people living in Maplewood. This development will allow long-term residents of Maplewood to remain in their community or allow seniors living elsewhere to move closer to their families as they age. I Packet Page Number 132 of 285 CommonBond Communities CommonBond Communities, the sponsor and developer of Century Trails Senior Housing, provides a strong model for building and sustaining affordable homes for working families, individuals, seniors and people with special needs. Bringing the expertise and experience of thirty-eight years, CommonBond is now the largest nonprofit provider of affordable homes with services in the upper Midwest, present in 42 communities throughout the region. While each setting is unique, there are core attributes found in all ContmonBond Communities: residents are welcomed into a community and find relevant on-site services and resources to meet their needs. CommonBond's staff is motivated to provide stability to residents to ensure that all people experience a strong sense of home. CommonBond Communities measures its success by growth in the number of residents it serves; by growth in the number of apartments and townhomes it operates; by reinvesting in its housing portfolio and by the commitment and number of community partnerships it maintains. CommonBond has built its reputation by demonstrating the effectiveness of its mission-driven approach — return on investment as measured by resident success and community revitalization. Founded in 1971, CommonBond has grown to become the largest nonprofit provider of affordable housing with life-changing resident services in the Upper Midwest. Over the past 38 years, we have sponsored the development and preservation of 7,850 homes in 107 rental housing communities, located in 42 municipalities throughout the greater Twin Cities metropolitan area and Wisconsin. At CoinmonBond, we believe that home is everything. It allows people to feel safe and secure, and to have the foundation necessary to stabilize their lives. CommonBond's mission is to build community by creating affordable housing as a steppingstone to success. Our goals are to: • Acquire and rehabilitate existing properties as well as build new properties in order to preserve and create high-quality affordable housing • Ensure that properties are well maintained so that the surrounding community sees them as an asset • Form community partnerships to encourage self-sufficiency for families, academic achievement for youth and independent living for seniors and residents with special needs CommonBond has earned a national reputation for excellence in developing and managing quality affordable housing while providing customized resident services. Our on-site technology-based learning centers, Advantage Centers, provide residents easy access to a comprehensive employment program, early childhood programs and after school tutorial and enrichment programs, English language classes, citizenship training, and essential links to community resources that help newly arrived residents adjust to life in the United States. Programs and activities for seniors foster independent living and 2 Packet Page Number 133 of 285 supportive housing in a caring community and encourage personal growth and development for residents with special needs. We continue to refine our service delivery methods to include the use of volunteers, strategic partnerships and other efficiencies. HUD 202 Program The HUD Section 202 Program provides a capital advance to finance the construction of supportive multi-family housing for very low-income elderly persons and provides rent subsidies for the projects to help make them affordable. Century Trails Senior Housing is open to any very low-income household comprised of at least one person who is at least 62 years old at the time of initial occupancy. The current income limit for one very low income resident is $28,300, and the limit for two persons is $32,350. Century Trails Senior Housing is the 29 HUD 202/811 project developed by CommonBond Communities, all of which remain in our portfolio of 100+ projects, Our award-winning Compliance Staff is very familiar with income and expense verification requirements for both HUD 202 and HOME requirements. The Compliance staff monitors tenant income and expense information through third party verification using HUD-approved forms and documentation, The Section 202 Program helps expand the supply of affordable housing with supportive services for the elderly. It provides very low-income elderly with options that allow them to live independently but in an environment that provides support activities. HUD provides interest-free capital advances to non-profit sponsors like CommonBond Communities to finance the development of supportive housing. The capital advance does not have to be repaid as long as the project serves very low-income elderly persons for 40 years. Project rental assistance funds are provided to cover the difference between the HUD-approved operating cost for the project and the tenants' contribution toward rent, Project rental assistance contracts are approved initially for three years and are renewable. HUD requires through the 202 Program that projects be modest in design. HUD will not allow decks or balconies, dishwashers, trash compactors or washer and dryers within individual units. HUD requires a maximum net rentable square footage of 540 sq. ft for a I bedroom unit. Century Trails Senior Housing Century Trails Senior Housing is a proposed 40-unit affordable HUD subsidized senior housing project, which will be located in the Twin Cities suburb of Maplewood, Minnesota. CommonBond Communities has received HUD Section 202 financing for the project in the amount of $5,081,800. Section 202 financing provides both Capital Grant funding for construction/development of the project, and a Project Rental Assistance Contract, similar to Section 8, for rental assistance to Seniors who meet HUD income criteria for an initial three-year period. The Rental Assistance Contract is renewable after the initial term. In addition, Ramsey County will provide $350,000 to 3 Packet Page Number 134 of 285 Century Trails. We plan to close on the financing in November, and begin construction immediately. Construction will be complete in Summer 2010. The project schedule is attached hi another document. CommonBond Communities plans to build 40 one-bedroom units for seniors aged 62 and older. Some of the apartments are leased to couples. Therefore, considering that there will be at least a few couples who become tenants, Century Trails Senior Housing will provide new, affordable housing to 40 to 45 individuals. Access to the project site, which is located in the northwest quadrant of the Latpenteur Avenue/Century Avenue intersection, will be provided both from Century Avenue and from Laipenteur Avenue. The building's community room and patio area will be oriented to take advantage of green spaces and morning sun exposure, as well as views of wetland amenities east of Century Avenue. The parking lot will be designed for easy drop-off, ease of circulation, and snow plowing efficiency. The building will be three stories high with an elevator. There will be 40 one-bedroom units in the building. Dwelling units will be located on both sides of a central corridor. The corridors will terminate in the exit stairs, which will be within the simple footprint of the building. The building exterior will be maintenance -free, designed to complement the existing neighborhood and will be planned for long life. A community room on first floor will be designed for multiple uses and will be large enough to accommodate all residents. It will be located for easy access from the main entrance as well as the elevator and arranged in a way that privacy can be achieved when needed. The community room will be oriented to a small patio & screen porch. Laundry rooms will be located on each floor, with easy access from the elevator. Additional spaces to be located on the first floor will include small offices for the Property Manager and Advantage Services coordinator, a building storage room, mechanical and electrical equipment rooms, and a small kitchen as part of the community room, and public toilet. Additional public spaces may be located on the upper floors, including, for example, card/game room and small lounges. Common areas will be designed to facilitate delivery of services to residents. The building is designed to be straightforward and easily maintainable over a long period of time. The flexibility of multiple use spaces will meet the changing needs of the residents over time. The units and common areas are designed with the possibility of residents becoming less mobile and needing walkers or wheelchairs. For example, the unit bathrooms are designed to accommodate future wheelchair use. Grab-bars will be installed in all unit bathrooms. Towel bars will also be functional grab-bars. Accessible units are included as required by law. Single lever faucets, ADA compatible hardware and counter heights will all contribute to the ability of residents to age in place. Attention is paid to details which will ensure the economical delivery of services and facilitate long-term independence, while meeting changing needs of residents, such as: 4 Packet Page Number 135 of 285 attention to color, contrast and glare; easy -to- walk -on surfaces; landmarks established by color, texture, and form; easy-to-read signage; easily reachable heights of electrical outlets and switch locations; tip-front range controls; and design to meet the needs of persons with various disabilities. Wood blocking for handrails will be installed on both sides of the common corridors. Initially handrails will be installed on only one side, but as the residents' needs change, handrails can be installed on the other side without incurring the significant cost to put blocking in place. CommonBond currently provides "handicapped toilets" in all new senior units. This has been well received by residents, and will aid in this daily living activity. Oval shaped, ADA toilets will be installed in all units. Care will be taken to engineer a building that will be energy efficient (modular boilers, outside reset, computer controls, etc.) as well as durable. To the extent that pricing and funding allows, brick and/or cultured stone may be used. Energy-Star appliances and equipment will be specified. Particular attention will be paid to the selection of windows so that they are easily operated by an older population, easily washable inside and out and meeting the highest affordable standard for noise, air, and water infiltration. Bathrooms, in addition to grab-bars and elevated/raised toilets, as described above, will also be designed with a linen closet, single handle faucets, light and exhaust on one switch, and hand held shower heads. Kitchens will receive natural light through the use of 1/2 walls. There will be room for a dinette, a broom closet, 2-compartment stainless sink, combined vent/light over the stove, a frost-free refrigerator, front control stove/oven, and wall mounted telephone/electrical. Special attention will be paid to lighting over work surfaces. What CommonBond is requesting; See. 44-353 Minimum Habitable Floor Area: Of the Maplewood Zoning Ordinance requires that the minimum floor area for each one bedroom unit, in an R-313 district be at least: 580 square feet. Under the HUD 202 Program, HUD requires a maximum of 540 net rentable square feet. The reason that HUD sets a maximum square footage in the 202 Program is that this program is intended for very low income elderly. HUD expects that the building will be modestly constructed to keep the overall construction cost affordable. History shows that the majority of these units will be leased by I person there will be very few couples. The residents will be very low income elderly and will not have a lot of possessions. The room sizes at other HUD 202 projects are well received. The residents genuinely love their Apartments. 5 Packet Page Number 136 of 285 The building will have many common spaces and it is CommonBond's hope that we can offset the difference in square footage by averaging the common spaces and include the average in the overall square footage to help makeup the difference. The additional common spaces are as follows: Community Room 1036 sq. ft. / 40 units = 29.5 sq. ft. Screen Porch 344 sq. ft. / 40 units = 8.6 sq. ft. Laundry Rooms 540 sq. ft. / 40 units = 13.5 sq. ft. Lounges 1050 sq, ft. / 40 units = 26.3 sq. ft, Total Common Space 2970 sq. ft. Average Common Space per Unit 74 sq. ft. Century Trail Senior Housing Unit 540 sq. ft. +74_ sq. ft. 614 sq. ft. 6 Packet Page Number 137 of 285 Attachment 7 Maplewood Engineering Comments Century Trails Commons 6-17-09 Page 1 of 3 Engineering Plan Review PROJECT: Century Trails Commons PROJECT NO: 09-10 COMMENTS BY: Steve Kummer, P.E. — Staff Engineer REVIEWERS: John DuCharme — Senior Technician I Inspector DATE: 6-17-09 PLAN SET: City Submittal Set: Civil/Landscape Drawings Dated 4-9-09 COMPS: Drainage Computations from Midwest Engineering Common Bond Communities is proposing to build a senior-assisted living facility as part of the Priory Development along the northwest corner of Century and Larpenteur Avenues, Storm drainage from the site will be routed to a newly built trunk storm sewer system installed as part of the Priory improvements. Storm water treatment and rate control for the site is accomplished through regional treatment ponds and infiltration basins. Sanitary sewer and water service are supplied by a newly installed trunk sanitary sewer and water main in Monastery Way. Grading, Drainage and Erosion Control The applicant shall submit a detail showing the roof drain or scupper connections to the storm sewer along the north side of the building. The detail shall show an air gap between the storm sewer system and the roof scupper system. As well, adequate slope protection (i.e. Cat 4 erosion control blanket from the drainage points downslope) shall be provided in the event of overland flow from the downspout system. Roof drainage patterns shall be shown on the plan. 2. The applicant shall provide adequate slope protection for the overflow from Storm CB #4 (i.e. Cat 4 erosion control blanket). 3. The applicant shall submit hydraulic computations for both the roof and parking lot storm drainage systems. Both systems shall meet a 10 -year storm design to crown of pipe as well as a minimum velocity of 3 ft/s. The capacity of the existing 12-inch storm sewer shall be adequate to handle the roof drainage system along the north side of the building to a 10 -year storm event to crown of pipe. 4. The applicant shall submit a revised grading plan showing a maximum 4% bench along the perimeter of the north side of the building. Packet Page Number 138 of 285 Maplewood Engineering Comments Century Trails Commons 6-17-09 Page 2 of 3 5. A Category 2 erosion control blanket is acceptable on the slope along the north side of the building. However, it does not appear that the entire northern portion of the slope is proposed to be graded. Should the applicant opt to disturb the entire slope, the applicant shall re-establish the slope with a native prairie planting either through transplants or seeding. The applicant shall avoid disturbing the slope as much as possible with the exception of possible landscape plantings along the north side of the building. Consideration should be given to moving the building slightly to the south to avoid disturbing the slope. 6. Inlet protection shall be provided on the catch basins along Monstery Way and Benet Road. 7. The landscaped area along the west side of the building may be flat enough such that a Category 0 blanket may be utilized for establishment of the 350 turf mix. The applicant shall show this on a revised plan. 8. The applicant shall show the silt fence along the north and east sides of the site to be parallel to the grade. The silt fencing shall be reinforced with a compost log. 9. The applicant shall install Storm Manhole No. I with a sump manhole. 10. The applicant shall show more grading information for the fire access on the south side of the site. 11. The applicant shall indicate compliance to ADA standards for sidewalk grading including a 2% maximum cross slope for all walks. SWPPP Comments 1. The SWPPP shall indicate concrete truck washout areas and construction staging for the building and parking lot excavation (shown on plan). 2. The project plans shall identify the locations for equipment/material storage, debris stockpiles, vehicle/equipment maintenance, fueling, and washing areas. The plans also must show the contain area and specify that all materials stored on site shall have proper enclosures and/or coverings. 3. Identify (on the plans) the quantity of materials that the contractor will be importing to or exporting from the site (cu-yd) along with site cut and fill quantities. Utilities 1. The applicant is showing a 6-inch sanitary sewer stub at a 5.85%, however the existing stub from the roadway appears to be a 6-inch service sloped at a 0.50%. The applicant shall show that the 6-inch stub at a 0.50% is sufficient for sanitary service to the building. If the service is not sufficient, the applicant shall install any sanitary sewer connections Packet Page Number 139 of 285 Maplewood Engineering Comments Century Trails Commons 6-17-09 Page 3 of 3 to Monastery Way via a trenchless method. Connection to the stub with a cleanout is not acceptable; the applicant shall install a manhole at this connection point. 2. The applicant shall adjust the placement of the hydrant such that the 150-foot spray radius encompasses the entire building footprint (unless there is a hydrant available on Benet Rd that covers the north side of the building). Trees and Landscaping 1. Please consult with Shann Finwall, environmental planner, regarding tree ordinance requirements. Community Development Department: (651) 249-2300. 2. Please consult with Virginia Gaynor, staff naturalist, regarding landscaping recommendations. Community Development Department: (651) 249-2300 A.gency Submittals and Permitting 1. The owner and project engineer shall get all necessary permits and shall satisfy the requirements of all permitting agencies. The City shall be copied on these correspondences. Miscellaneous 1. The applicant shall provide a letter of creditor cash escrow for 125% of the cost for all site improvements. The escrow or letter of credit from the Priory improvements may be adjusted to accommodate the improvements for this site. 2. The Maplewood lots and proposed drainage and utility easement shall be shown on the preliminary plat. 3. The developer shall submit a letter to the City of Maplewood indicating the responsibility of maintenance of utilities including the storm sewer system. Packet Page Number 140 of 285 Attachment 8 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 14, 2007 Council Chambers, City Hall Meeting No. 07-09 2. St. Paul's Monastery Redevelopment (Century and Larpenteur Avenues) Public Comment on this matter was taken at a Special City Council Meeting on May 7, 2007. Public Comment is now closed. Discussion is limited to City Council questions for City Staff, a. Application for Conditional Use Permit for Planned Unit Development b. Preliminary Plat for Century Trails Commons Senior Planner Ekstrand presented the report and responded to questions from the council. Ellen Higgins, in charge of development for Common Bond Communities, addressed the council regarding the proposed affordable housing. Mayor Longrie thanked Ms. Higgins for her suggestion that a transportation task force be created to work toward increasing public transportation to this site. Mayor Longrie stated her support for increasing transportation on the site and creating a task force to look at these issues. Councilmember Hjelle moved toaclopt the following resolution approving a conditional use permit for a planned unit development for the Sisters of St. Benedict of St. Paul's Monastery. CONDITIONAL USE PERMIT RESOLUTION 07-05-071 WHEREAS, the Sisters of St. Benedict of St. Paul's Monastery applied for a conditional use permit for a planned unit development to develop their 31.04 -acre site with a 50-unit town house development; a 40-unit seniors housing apartment building; to convert the existing monastery building as a multi-use family-violence shelter with 37 housing units, offices and support facilities and to build a future monastery building on the north end of their property. WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 2675 Larpenteur Avenue. The legal description is: That part of the South 1 /2 of the Southeast Quarter of Section 13, Township 29, Range 22, Ramsey County, Minnesota lying east and north of a line described as beginning at a point on the south line of said Southeast Quarter of Section 13 985 feet west of the southeast corner of said Southeast Quarter of Section 13; thence 78 degrees 40 minutes to the right proceeding in a north - northwesterly direction for 620 feet to a point of curve; thence to the left on a curve having a radius of 100 feet a distance of 157.08 feet to a point of tangent; thence 90 degrees to the right, at right angles to the tangent to said curve at said point of tangent, a distance of 450 feet; thence 90 degrees to the left a distance of 200 feet; thence 90 degrees to the right a distance of 225 feet, more or less, to the north line of said South 1 /2 of the Southeast Quarter of Section 13. Except that part of the Southeast Quarter of said Southeast Quarter of Section 13 which lies northeasterly of a line parallel with and distant 100 feet southwesterly of a line May 14, 2007 City Council Meeting 1 Packet Page Number 141 of 285 described as beginning at a point on the east line of said Section 13, distant 1324.13 feet north of the southeast corner thereof; thence run westerly at an angle of 90 degrees with said east section line for 186.63 feet; thence deflect to the right on a 10 degree curve, delta angle 29 degrees 20 minutes, for 293.33 feet; thence on tangent to said curve for 100 feet and there terminating; together with all that part of the above described tract, adjoining and southerly of the above described strip, which lies easterly of a line run parallel with and distant 60 feet westerly of the following described line: Beginning at the point of intersection of the above described line with the east line of said Section 13; thence run southerly along the east line of said Section 13 for 540 feet and there terminating; also together with a triangular piece adjoining and southerly of the first above described strip and westerly of the last described strip, which lies northeasterly of the following described line: From a point on the last described line, distant 150 feet southerly of its point of beginning, run westerly at right angles to said line for 60 feet to the point of beginning of the line to be described; thence run northwesterly to a point on the southerly boundary of the first above described strip, distant 100 feet westerly of its intersection with a line run parallel with and distant 33 westerly of the east line of said Section 13. Which lies easterly, northerly and easterly of a line described as commencing at said southeast corner of the Southeast Quarter of Section 13; thence westerly, along said south line of the Southeast Quarter of Section 13, a distance of 832.02 feet to the point of beginning of the line to be described; thence deflecting to the right 78 degrees 40 minutes 00 seconds a distance of 750.06 feet; thence deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 204,00 feet; thence deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 638.98 feet to said north line of the south half of the Southeast Quarter of Section 13 and said line there terminating. WHEREAS, the history of this conditional use permit is as follows: 1. On March 20, 2007, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On May 7, 2007, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances, 2. The use would not change the existing or planned character of the surrounding area. 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 May 14, 2007 City Council Meeting 4 Packet Page Number 142 of 285 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. May 14, 2007 City Council Meeting 3 Packet Page Number 143 of 285 Approval is subject to the following conditions: 1. This planned unit development shall follow the concept plans date-stamped January 11, 2007. These plans are considered concept plans because the applicant must submit design plans to the city for approval for the proposed apartments, town houses, future monastery; shelter and any other future use. Staff may approve minor changes. 2. This planned unit development does not give any approvals for Lot 1, Block 1 since this site has not been proposed for any future development and its future use is unknown. The development of this site would require a revision of this planned unit development and must comply with all city development requirements. 3. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 4. The city council shall review this permit in one year. 5. The property owner shall be required to dedicate right of way for a roadway to be studied by the City Engineer during the next three to five year period. The final location of the roadway shall be studied by the City Engineer and reported with a recommendation to the city council. The final need for the roadway has not been determined but will likely be necessary if additional development occurs on this property in excess of that currently being proposed or at higher density levels than approved; and also if property sold includes a major expansion of uses that generate significant additional traffic to be generated at Hill-Murray. 6. The applicant must obtain all necessary and required permits from the Minnesota Department of Transportation, Ramsey County and the Ramsey-Washington Metro Watershed District, 7, The applicant must provide a right-turn lane on Century Avenue into the site, subject to MnDOT's approval. 8. The applicant shall comply with all requirements of the engineering reports by Erin Laberee and Michael Thompson dated February 22, 2007 and by R. Charles AN dated April 19, 2007. 9. The applicant shall install sidewalks wherever possible along Larpenteur Avenue. 10. Staff may approve minor changes to the plans. Seconded by Councilmember Rossbach A friendly amendment was added to the motion requiring the following conditions be included in the resolution: 11. Establish a neighborhood committee of no less than nine members whose membership composite shall be one representative from Hill-Murray administration or trustees, one day care parent from Maple Tree Day Care, one parent whose child attends Hill-Murray, three neighborhood citizens who signed the petition included in the council packet and three neighborhood citizens who are from the yellow cards received by the city. The committee's purpose shall be to facilitate communication, develop neighborhood solutions to neighborhood concerns, and provide feedback to all parties subject to the planned unit May 14, 2007 City Council Meeting 4 Packet Page Number 144 of 285 development. The committee shall report periodically to the council and disband when no longer needed. 12. Establish a transportation task force of neighbors and parties to the planned unit development to work on public transportation service and options for the site, to work in coordination with the neighborhood committee. 13. The proposed project shall be reviewed by the Community Design Review Board and all requirements of that board shall be followed. 14. Include two playground areas within the planned unit development as discussed at the hearing that were to be added to the plans. 15. Develop a security plan in partnership with all of the parties subject to the planned unit development and the neighborhood committee. 16. Monastery Way and Bennett Road shall be public roads and the cost of city sewer, storm water, public street infrastructure and city water shall be borne by the developer. 17. The applicant shall install sidewalks along applicant's property on Larpenteur Avenue and internal streets. The council voted as follows: Ayes-all The Maplewood City Council approved this resolution on May 14, 2007. Councilmember Hjelle moved approval of a preliminary plat for Century Trails Commons located at 2675 Larpenteur Avenue. Approval is subject to: 1. Redesigning the public street right-of-way within the site to be 60 feet wide. 2. Complying with the applicable requirements of the engineering reports by Erin Laberee and Michael Thompson dated February 22, 2007 and by R. Charles AN dated April 19, 2007. 3, Street lights shall be installed if required by the city engineer, subject to his approval. 4. The applicant shall dedicate any additional right-of-way if required by Ramsey County and the Minnesota Department of Transportation. 5. The property owner shall be required to dedicate right-of-way for a roadway to be studied by the City Engineer during the next three to five year period. The final location of the roadway shall be studied by the City Engineer and reported with a recommendation to the city council. The final need for the roadway has not been determined but will likely be necessary if additional development occurs on this property in excess of that currently being proposed or at higher density levels than approved; and also if property sold includes a major expansion of uses that generate significant additional traffic to be generated at Hill-Murray. Seconded by Councilmember Rossbach Ayes-all May 14, 2007 City Council Meeting 5 Packet Page Number 145 of 285 June 4, 2009 MAPLEWOOD RESIDENT 1711 WOODLAND LN MAPLEWOOD MN 55109 PROPOSED 40 SENIOR - HOUSING ice,"TMENT This letter is to get your opinion on' a proposal by CommonBo Communities. CommonBond is requesting approval of a 40-unit senior-housing apartment building on the St. Paul's Pri ory site, at Larpenteur and Century Avenues. On May 14, 2007, the city council approved the overall development plan for this property. That approval included a 49-unit town house development (recently completed) and the proposed 40-unit apartment building north of the town homes. CommonBond is requesting approval of the site and building design plans and to be allowed to have unit sizes smaller than the city code requires. City code requires that the minimum multi- family unit size fora one-bedroom apartment shall be 580 square feet. The proposed room sizes are less than that based on HUD financing minimum room-size requirements. Refer to the attachments. I would like your opinion to help me prepare a recommendation to the planning commission and city council. Please write your opinion and comments below and return this letter and any attachments on which you have written comments by June 17, 2009. If you would like further information, please call me at 651-249-2302 between 8 a.m. and 4:30 p.m. You can also email me at tom.ekstrand(a I will send you notices of the public hearing on this request when it is scheduled. Thank you for your comments. I will give them careful consideration. ZN� TOM EKSTRAND — SENIOR PLANNER 2 **A 0 a A I have no comments: Comments: K" \,1_fWyVA4 I X Lq,-Yn a .4 G A, , j — r aY qj OFF IC5 OF COMMUNITY DEVELOPMENT 651-2 9-230 0 L 28 - 249-2319 11 of 22E CiTy. OF.MAPLEWOOD 1830 COUNTY ROAD B FAST MAPLEWOOD, M.N. 55109 t r� 4 i Il Ow- JL� k�t 4u-u t - f r ! A { r{..,t..�`'{'�"` " � ��GC••.�.sU ,,1../'ti�� '`�� , te{pt.,��,.��3't.�> `'��� j„t �����,� },.,� {} ���� ..����R Y t f Packet Page Number 147 of 285 Attachment 10 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, CommonBond Communities applied for a revision of the conditional use permit for a planned unit development (PUD) for the St. Paul's Monastery development plan. This PUD included a 40 -unit senior housing apartment building as part of the development project. WHEREAS, CommonBond Communities has requested approval to build apartment units that have unit size reductions ranging from 550 square feet to 575 square feet of gross floor area with a maximum of 540 square feet or net habitable area which is less than the required 580 square foot minimum area stipulated by city ordinance. WHEREAS, Section 44- 1093(b) of the city ordinances states that the city council may grant deviations from the city ordinance as part of a PUD. WHEREAS, this permit applies to the property located at the southwest corner of Benet Road and Century Avenue. The legal description is: Lot 1, Block 2, CENTURY TRAILS COMMONS WHEREAS, the history of this conditional use permit revision is as follows: 1. On July 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 everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On July 27, 2009, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 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 148 of 285 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. 10.HUD financing is dependent upon reduced unit sizes. 11. The proposed apartment complex would provide useable common areas for the residents such as a community room, screen porch, laundry room and lounges as well as their own dwelling unit space. 12.The PUD ordinance allows for deviations from the code requirements since: • The proposed development has a unique nature for which the code regulation should not apply. • The PUD would be consistent with the purposes of this chapter. • The PUD would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. • The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owner or occupants of nearby land. • The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons. Approval is subject to the following conditions: 1. The applicant shall follow the plans date - stamped May 22, 2009. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. The applicant shall comply with all applicable conditions of the May 14, 2007 planned unit development approval for the St. Paul's Monastery development project. The Maplewood City Council this resolution on July 27, 2009. Packet Page Number 149 of 285 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 7, 2009 V. PUBLIC HEARING a. 7:05 p.m.: Conditional Use Permit Amendment — Century Trails Senior Apartments, CommonBond Communities, Benet Road and Monastery Way City planner Tom Ekstrand presented the staff report for this request from CommonBond Communities to build their second phase of development at the St. Paul's Monastery property, located at the northwest corner of Larpenteur and Century Avenues. Mr. Ekstrand said the proposal is for a three - story, 40 -unit apartment building for seniors that would be located north of the recently completed 49 -unit Trails Edge Townhomes. Planner Ekstrand explained that unit size is proposed to be reduced because of HUD program financing that requires a reduced unit size to a maximum of 540 square feet. Planner Ekstrand mentioned that the city council minutes for approval of the first phase development were not clear as to a parking reduction or how much parking the council's motion required. Mr. Ekstrand said staff is recommending that garages be required. Commissioner Fischer asked staff if the parking required for the Archer Heights senior complex was reviewed as she had requested. Planner Ekstrand responded that he reviewed the conditions of approval for the Archer Heights project and 41 parking spaces were required there for 69 senior units. Planner Ekstrand read the following comments from Commissioner Hess, who was unable to attend this meeting: • We are again facing the same parking and unit size issue the planning commission faced with previous senior housing proposals. We have not concluded this discussion and the PC may wish to again re- address this issue. The garages are a good idea with Minnesota winters, but as an alternative, posts with outlets for car heaters should be considered. • Sheet C1 of the civil drawings show a utility line that is not identified (see attachment). What is this? Commissioner Trippler said the bank on the north side of the site drops off sharply and he recommended that the applicant install fencing as a warning of the drop off. Mr. Trippler said an advantage of underground garages is to provide shelter during severe weather, since there is no basement in this building. Judith Wurdock, of CommonBond Communities, gave a presentation explaining plans and the financing for this senior apartment project. Paul Holms, of Pope Associates, discussed the topography of the steep slopes on the north side of the site and he said that either a hedge or fence could be installed in that area. Mr. Halms said there are 43 parking spaces proposed for the 40 -unit senior building. Mr. Holms asked that a condition for underground garages not be attached to this recommendation to the city council. Mr. Halms said a shelter plan has been done for this building that provides a shelter area on the first floor. Packet Page Number 150 of 285 Planning Commission -2- Minutes of 07 -07 -09 Commissioner Boeser suggested that the 43 proposed parking spaces be reduced to the previously approved 41 spaces, but requiring them to be 10 feet rather than 9 Y2 feet. Commissioner Trippler said he feels this project needs to have underground parking for winter use and for storm /emergency situations to protect the residents and amenities shouldn't be limited by HUD requirements. Commissioner Fischer said she walked through the Beebe Road senior building parking lot last evening and even though that facility has half of the parking spaces to the number of units, there were 10 -12 empty parking spaces. Commissioner Fischer said she does not have a problem with reducing the required number of parking spaces. Commissioner Boeser said this proposal is designed as an affordable senior housing project and designed for low income people. Mr. Boeser said that for this community, he does not see that underground parking should be an issue, even though it might be nice to have. Mr. Boeser said that underground parking and some unit space need to be given up and he does not have a problem with that. Commissioner Yarwood said it is a workable concept without the garage, but if the applicant can do it within the constraints of the plan and still get the HUD financing, it would be a benefit to the residents. Commissioner Pearson said he agrees with the importance of having underground parking for seniors and is in favor of it. Mr. Pearson said HUD is not a great requirement for construction of this and he cannot support this project as proposed because he would not be doing the right thing for seniors who will live there. Commissioner Pearson moved the planning commission recommend adoption of the resolution approving the amendment of the conditional use permit for the St. Paul's Monastery planned unit development, allowing unit size reductions for the Century Trails Apartments by CommonBond Communities. The approved unit sizes would be allowed to range from 550 square feet to 575 square feet of gross floor area with a maximum of 540 square feet of net habitable area. Approval is based on the findings required by ordinance in addition to the following reasons: 1. HUD financing is dependent upon reduced unit sizes. 2. The proposed apartment complex would provide useable common areas for the residents as well as their own dwelling unit space such as a community room, screen porch, laundry room and lounges. 3. The PUD ordinance allows for deviations from the code requirements since: • The proposed development has a unique nature for which the code regulation should not apply. • The PUD would be consistent with the purposes of this chapter. • The PUD would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. • The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owner or occupants of nearby land. Packet Page Number 151 of 285 Planning Commission -3- Minutes of 07 -07 -09 • The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons. Approval is subject to the following conditions: The applicant shall follow the plans date - stamped May 22, 2009. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year 4. The applicant shall redesign the project to include underground garages for the residents. This plan revision shall be submitted to the community design review board for approval. Commissioner Trippler seconded Ayes — all The motion passed. Commissioner Trippler moved the planning commission recommend to the community design review board approval of the plans date - stamped May 22, 2009 for the Century Trails Apartments located at the corner of Benet Road, Monastery Way and Century Avenue. Approval is subject to the applicant doing the following 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 provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of completing exterior improvements like landscaping, in- ground lawn irrigation, parking lot striping and the like. 3. Meet all requirements of the building official, fire marshal and police. 4. Add underground garage space sufficient enough to provide emergency shelter for all residents if needed and if not specifically excluded by HUD. 5. Comply with the city engineer's report dated June 17, 2009. 6. Comply with applicable May 14, 2007, city council PUD conditions. 7. Provide a site and design plan for the screening of any trash and recycling containers if they would be kept outside. Should a trash enclosure area be proposed in the future, it shall not be placed in any parking space. 8. Provide in- ground lawn irrigation as required by the city code. 9. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. 10. Provide either fencing or hedging along the north and east to demarcate the steep drop off. Commissioner Pearson seconded Ayes — Martin, Pearson, Trippler, Walton, Yarwood Packet Page Number 152 of 285 Planning Commission -4- Minutes of 07 -07 -09 The motion passed. Nays — Boeser, Fischer Packet Page Number 153 of 285 Ia]Cfil;ki MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 14, 2009 V. DESIGN REVIEW a. Century Trails Senior Apartments, CommonBond Communities, Benet Road and Monastery Road Planner Michael Martin presented the staff report for this request from CommonBond Communities to build their second phase of development at the St. Paul's Monastery property, located at the northwest corner of Larpenteur and Century Avenues. Mr. Martin said this proposal is for a three - story, 40 -unit apartment building for seniors. Boardmember Ledvina asked if there is any plan to connect the existing sidewalks with the planned sidewalk around the building. Planner Martin said there is no recommendation to connect these sidewalks. Boardmember Wise asked if Metro Transit has been contacted to see if they might modify their bus route to go past this development. Planner Martin responded that staff can contact Metro Transit to see if this might possible. Boardmember Shankar commented that the landscaping plan seems sparse with just a few shrubs and asked if the shrubs would be in mulch. Planner Martin said the applicant can better respond to this comment on landscaping when he speaks. Boardmember Ledvina mentioned the condition of the staff recommendation that would require a fence or hedge on the slope to the east and north of the building for safety. Mr. Ledvina said there are no entrances or sidewalks in that area and would only be used in an emergency. Mr. Ledvina asked staff if he was missing other considerations that would require a barrier. Planner Martin responded that Mr. Ledvina's assessment of the intent of the recommendation is correct and there is no sidewalk in that area. Judith Wurdoch, of CommonBond Communities, reported that the first phase of family housing for this project is full and has a long waiting list. Ms. Wurdoch explained plans for the second phase of construction. Ms. Wurdoch said she is willing to call Metropolitan Transit to see if an additional bus stop could be added closer to the senior housing area. Paul Holms, of Pope Architects, gave a presentation of the design elements of the project. Mr. Holms explained plans for the fire access that the fire marshal requires. Mr. Holms said the request for a hedge as a barrier to the steep slope on the east and north of the building seems reasonable to guard against accidents and this will be done. Mr. Holms said trash and recycling will be kept within the building and also explained that the exterior colors for the building will be the same as those that were used for the existing townhomes. Mr. Holms said cultured stone will be used all around the building foundation, since all sides of the building are visible. Mr. Holms described the hearty board siding and Timberline shingles that will be used and showed a shingle sample. Mr. Holms explained that HUD has determined that if there is ample room to build outdoor parking, HUD funds may not be used to build underground parking. Mr. Halms explained that the project details for the 2007 approval of this project clearly stated a request by the applicant for a parking variance and also clearly showed surface parking only. Mr. Holms explained that CommonBond owns and manages all of its developments and that its own maintenance people would coordinate snow plowing and moving cars with tenants. Packet Page Number 154 of 285 Community Design Review Board 2 Minutes 07 -14 -2009 Boardmember Wise asked if a connection is planned to connect the new sidewalk to the existing sidewalk, which would make a better access for residents to the current bus stop. Mr. Holms said this is a good idea and should be added to the plan. Boardmember Ledvina asked why this site does not have drainage retention on -site. Mr. Holms explained the drainage ponds were modified to be enlarged from the original site plan and moved across Benet Road. Boardmember Wise suggested that screening could be added to help deter vehicle lights from shining into the units on the first floor on the parking lot side of the building. Mr. Holms responded that he doesn't feel much light will actually enter the units due to the grade, but it would be a great place for enhanced landscaping if there are dollars available to upgrade. Boardmember Wise asked for details on the windows to be used and why they will be different than those used in the townhomes. Mr. Holms explained the windows will be sliders, which are typically easier for the senior population to use. Boardmember Ledvina suggested the monument sign be constructed to match the cultured stone material used on the building foundation. Boardmember Wise said he is comfortable with the planned outdoor parking if the CommonBond maintenance staff will be on hand when snow storms happen and during snow removal procedures. Mr. Wise said this project is to provide affordable housing and people need an affordable place to live more than they need a place to park a car. Mr. Wise said he agrees with removing the condition to require underground parking. Boardmember Ledvina said underground parking is a great amenity for our area, but people coming into this project know this is HUD housing. Mr. Ledvina said he feels the applicant is doing the best they can with this site and that doesn't include underground parking. Mr. Ledvina said that other communities with similar senior projects with outdoor parking have indicated that this has not been a negative situation. Mr. Ledvina said he can accept this and agrees with removing the condition requiring underground parking. Boardmember Shankar moved to recommend approval of plans date - stamped May 22, 2009 for the Century Trails apartments located at the corner of Benet Road, Monastery Way and Century Avenue. Approval is subject to the applicant doing the following: 1. Repeat this review in one year if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of completing exterior improvements like landscaping, in- ground lawn irrigation, parking lot striping and the like. 3. Meet all requirements of the building official, fire marshal and police. 4. Comply with the city engineer's report dated June 17, 2009. 5. Provide lighting fixture details for staff approval of the fixture design and light pole height. 6. Comply with applicable May 14, 2007 city council PUD conditions. Packet Page Number 155 of 285 Community Design Review Board 3 Minutes 07 -14 -2009 7. Provide a site and design plan for the screening of any trash and recycling containers if they would be kept outside. Should a trash enclosure area be proposed in the future, it shall not be placed in any parking space. 8. Provide in- ground lawn irrigation as required by the city code. 9. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. 10. The developer shall provide a hedge on top of the slope to the east and north of the building as a barrier from the slope. 11. Applicant shall add landscaping adjacent to the building on the south side of the building. Staff shall review this additional landscaping. 12. Site plan shall show the additional sidewalk that shall connect to the sidewalk shown on Monastery Way. Boardmember Wise seconded Boardmember Wise suggested adding the following friendly amendment to the motion: 13. Partner with city staff on the modification of design of the cultured stone around the building to replace the hearty board directly over the windows with cultured stone. 14. Partner with city staff on the landscape screening along the first level 15. Partner with city staff on the cultured stone around the monument sign and ensure it matches the stone on the building. Any addition of building signs shall be brought to the community design review board for review. 16. Coordinate with MTC to either add a bus stop or propose a reroute. The friendly amendment made by Boardmember Wise was accepted by Boardmember Shankar, who made the motion. The board voted: Ayes — all The motion passed. Packet Page Number 156 of 285 Agenda Item L7 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community & Parks Development Director David Fisher, Building Official SUBJECT: Consider Amending Chapter 12 — Vacant Building Registration DATE: July 7, 2009 for the July 22, 2009 City Council Meeting INTRODUCTION Staff has received numerous complaints regarding vacant (foreclosed) properties throughout the city. In addition, residents have also approached the city council requesting that "something" be done to these vacant properties to bring them into compliance. In response to these complaints, council directed staff to develop strategies to address nuisance issues associated with vacant properties. Staff has been working on developing tools that can be utilized to address these vacant property concerns. To that end, staff is proposing to amend Chapter 12 Buildings and Building Regulations, of the City Code of Ordinances, by creating a vacant property registration ordinance. Attached is a copy of the proposed draft amendment language for your review and discussion. BACKGROUND In 2008, there were approximately 200 foreclosed homes and at least 3 vacant commercial buildings in Maplewood. Beginning January 1, 2009, staff has responded to 68 complaints involving vacant property. Approximately 70% or 48 of these properties were in violation of city code requirement(s). To date, staff has issued 24 abatement orders to vacant property owners for uncompleted correction requirements. In these cases, staff coordinates the completion of the work with Public Works and the costs associated with the clean -up are assessed back to the property. The remaining 24 vacant enforcement cases have been brought into compliance. However, most of these violations were for long grass and the city has to continue to monitor these properties to ensure future compliance. Staff also works very closely with the police department to monitor illegal activity and works collaboratively to resolve any issues. The following list represents a breakdown of the various code infractions at these vacant property locations: • Long grass, garbage and miscellaneous debris scattered on the property; • Broken windows, structure concerns and lack of any safeguards on entry points; • Vandalism, graffiti, and removal of appliances; • Outdoor pools not properly closed or shut down and existing fencing around the perimeter of the pool was severely compromised; • Removal of all copper tubing and other valuable commodities from the dwelling; • Other illegal activity. Staff has contacted other cities in the metro area and also received feedback from service provider companies, who help mortgage companies maintain properties, regarding logistics of vacant building registration and requirements. As a result, an ordinance to address vacant buildings is attached for your review and adoption. The Packet Page Number 157 of 285 purpose of the ordinance is to help track and manage the conditions of vacant properties, provide a method to improve communication and education for interim owners and potential buyers, provide a method in which to implement long -term foreclosure and revitalization strategies, and help recover some of the costs to the city to perform these functions focusing on those parties that use excessive city resources. The following are highlights of the proposed vacant building registration ordinance: • Require residential and commercial property vacant for more than 30 days to be registered with the city; • Properties vacant for more than 365 days, without an approved property plan, would be required to be demolished; • Provide routine maintenance requirements for the subject property; • Provide action plan to city for marketing /filling vacant property. BUDGET ISSUES A significant amount of city resources are being expended to address vacant property issues, often shifting resources from other program activities. Some budgetary items to consider include: • Staff resources for on -site evaluations, administrative functions, registration process, and similar operations would be required. If fees are recovered through the special assessment certification process, those fees may not be received until the following fiscal year. o Registration fees are as low as $300 a year to more than $3,000 a year for surrounding communities. Many tiered or sliding fee schedules exist, which are based on condition of the property /violations, residential /commercial or length of vacancy. Feedback from agencies and industry varied as well. i ij • Staff recommends the council call for the first reading of the proposed vacant building registration for August 10, 2009. Staff will incorporate any comments or feedback the council may have concerning this proposed ordinance amendment. ATTACHMENT: 1. Proposed Amendment: Article x111. Vacant Buildings — Chapter 12 Packet Page Number 158 of 285 AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE BUILDINGS AND BUILDING REGULATIONS ORDINANCES; ADDING NEW SECTIONS RELATING TO THE REGISTRATION AND REGULATION OF VACANT BUILDINGS THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is amended to add the following new Sections: Article XIII. Vacant Buildings Generally 12 -540 through 12 -550 Sec. 12 -540. Policy Sec. 12 -541. Findings Sec. 12 -542. Definitions, Sec. 12 -543. Vacant Building Registration Sec. 12 -544. Change of Ownership Sec. 12 -545. Inspections Sec. 12 -546. Maintenance of Vacant Buildings Sec. 12 -547. No Occupancy or Trespass Sec. 12 -548. Vandalism or Removal of items is Prohibited Sec. 12 -549. Appeal Sec. 12 -550. Penalties Section 12 -540. POLICY. The purpose of sections 12 -540 through 12 -550 is to protect the public health, safety, and welfare by establishing a program for the identification and regulation of vacant buildings within the City. Sections 12 -540 through 12 -550 also determine the responsibilities of owners of vacant buildings and provides for administration, enforcement, and penalties associated with the same. Section 12 -541. FINDINGS. Vacant buildings are a maior cause and source of blight in residential and non - residential neighborhoods, especially when the owner or responsible party of the building fails to actively maintain and manage the building to ensure it does not become a liability to the neighborhood. Vacant buildings often attract transients, homeless people, trespassers, and criminals, including drug abusers. Neglect of vacant buildings, as well as use of vacant buildings by transients and criminals, creates a risk of fire, explosion, or flooding for the vacant building and adiacent properties. Vacant properties are often used as dumping grounds for iunk and debris and are often overgrown with weeds and grass. Vacant buildings that are boarded up to prevent entry by transients and other long -term vacancies discourage economic development and retard appreciation of property values. There is a substantial cost to the city for monitoring vacant buildings whether or not those buildings are boarded up. This cost should not be borne by the general taxpayers of the community but rather these costs should be borne by those who choose to leave their buildings vacant. Packet Page Number 159 of 285 Section 12 -542. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of sections 12 -540 through 12 -550. 1. Compliance Official — the City Manager and the City Manager's designated agents authorized to administer and enforce sections 12 -540 through 12 -550 of this Code. 2. Building — a building or structure designed for business use or human use or occupancy. 3. Owner — those shown to be the owner or owners on the records of the Ramsey County Department of Property Taxation; those identified as the owner or owners on a vacant building registration form, a holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, an assignee of rents, a receiver, an executor, a trustee, a lessee, other person, firm or corporation in control of the freehold of the premises or lesser estate therein. An owner also means anv person. partnership, association, corporation, or fiduciary having a legal or equitable title or an interest in the property or building. This includes any partner, officer, or director of any partnership, corporation, association or other legally- constituted business entity. All owners shall have ioint and several obliaations for compliance with the provisions of sections 12 -540 through 12 -550 of this Code 4. Responsible party — means an owner, occupant, entity or person acting as an agent for the owner who has direct or indirect control or authority over the building or real property upon which the building is located. Any party having a legal or equitable interest in the Property. Responsible party may include, but is not limited to, a realtor, service provider, mortgagor, leasing agent, management company or similar person or entity. 5. Vacant building — a building or structure is vacant if no person or persons actually and currently conducts a lawful business or lawfully resides or lives in any part of the building on a permanent, non - transient basis in accordance with the City's zoning regulations. Section 12 -543. VACANT BUILDING REGISTRATION. 1. Application. The owner or responsible party must register a vacant building with the City no later than thirty (30) days after the building becomes vacant. The registration must be submitted on a form provided by the City and shall include the following information supplied by the owner: a. The name. address. telephone number, and email address. if applicable. of each owner or the owner's representative; b. The names, addresses, telephone numbers, and email addresses, if applicable, of all known lien holders and all other parties with any legal interest in the building; c. The name, address, telephone number, and email address, if applicable, of a local agent or person responsible for managing or maintaining the property; d. The legal description, tax parcel identification number, and street address of the premises on which the building is situated: e. A description of the premises, including the common address of the property; Packet Page Number 160 of 285 f. The date the building became vacant, the period of time the building is expected to remain vacant, and a property plan and a proposed timetable for returning the building to appropriate occupancy or use and for correcting code violations and nuisances, or for demolition of the building; g. The status of water, sewer, natural gas and electric utilities. It. The owner must notify the compliance official of any changes in information supplied as part of the vacant building registration within thirty (30) days of the change. 2. Property Plan. The property plan identified in section 12- 543(1)(f) must meet the following requirements: a. General provisions. The plan must comply with all applicable regulations and meet the approval of the compliance official. It must contain a timetable regarding use or demolition of the property. The plan must be completed within 30 days after the building is registered. b. Maintenance of building. The plan must identify the means and timetable for addressing all maintenance and nuisance- related items identified in the application. Any repairs, improvements or alterations to the property must comply with the applicable building codes and city regulations. c. Plan Changes. If the property plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the compliance official. d. Demolition Required. If a building has remained vacant for a period of three hundred and sixty -five (365) consecutive days, and the compliance official has not approved an alternative schedule in the property plan, the owner must demolish the building and restore the grounds. If the owner does not demolish the building, the city may commence abatement and cost recovery proceedings for the abatement of the violation in accordance with city code sections 18 -36, 37 & 38. 3. Non - compliance and Notification. If the owner does not comply with the property plan or maintain or correct nuisance items, the City may commence abatement and recover its costs for correction of those items in accordance with State law. In the case of an absent owner and ongoing nuisance items, the city need not provide notice of each abatement act to the owner. A single notice by the city to the owner that it intends to provide ongoing abatement until the owner corrects the items will be sufficient notice. 4. Exemptions. a. Fire Damage- A building that has suffered fire damage is exempt from the registration requirement for a period of ninety (90) days after the date of the fire if the owner submits a request for exemption in writing to the compliance official. A request for exemption must be approved by the code official and include the following information supplied by the owner: i. A description of the premises; ii. The name and address of owner or owners, Packet Page Number 161 of 285 iii. A statement of intent to repair and reoccupy the building in an expeditious manner and the time frame for completion; iv. Actions the owner will take to ensure the property does not become a nuisance for the neighborhood. b. "Snowbirds." Those persons who leave their residential buildings on a temporary basis for vacation purposes or to reside elsewhere during the winter season and have the intent to return are exempt from the registration requirement. Exemption as a "snowbird" will be granted with proper verification. 5. Fees. The owner must pay a registration fee. The registration fee will be in an amount adopted by resolution by the City Council. The amount of the registration fee shall be reasonably related to the administrative costs for reaisterina and orocessina the reaistration form and for the costs of the City in monitoring the vacant building site. The fee must be paid in full prior to the issuance of any building permits or licenses, with the exception of a demolition permit. 6. Waiver of Fee. The registration fee may be waived if the owner or responsible party has paid all past due registration fees and all other financial obligations and debts owed to the City that are associated with the vacant property and demonstrates, to the satisfaction of the compliance official: a. that the property is re- occupied, with the exception of demolition, within a period of time deemed reasonable to the compliance official: and either b. that he or she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; or c. that he or she has a plan for the demolition, rehabilitation, or other substantial repair of the vacant building in a period of time that is deemed reasonable to the compliance official: 7. Assessment. If the registration fee or any portion is not paid within 60 days after billing, or within 60 days after any appeal becomes final, the City Council may certify the unpaid cost against the property in accordance with the process set forth in section 18 -37 of city code. 8. Issuance of Permit. Upon completion of the registration process and payment of the fee, the City will issue a Vacant Building Permit to the owner. The owner must securely post the permit on the vacant building, if possible, on a side entrance door that is not generally visible from the public street. If no side entrance door is available, the permit must be securely posted on another available entrance door. If the property is abandoned or the owner or responsible party fails to complete the registration process, the property will be administratively registered as a vacant property. Section 12 -544. CHANGE OF OWNERSHIP. A new owner(s) must reaister or re- reaister a vacant building under section 12 -544 within fifteen (15) days of any transfer of an ownership interest in a vacant building. The new owner(s) must comply with the approved property plan and timetable submitted by the previous owner. Anv proposed chanaes in the property plan must be submitted and approved by the compliance official Packet Page Number 162 of 285 Section 12 -545. INSPECTIONS. The compliance official may inspect any vacant building in the City for the purpose of enforcing and assuring compliance with sections 12 -540 through 12 -550 and other applicable regulations. Upon the request of the compliance official, an owner or responsible party must provide access to all interior portions of the building and the exterior of the property in order to complete an inspection. If the owner or responsible party is not available to provide access to the interior of the building, the City may use any legal means to gain entrance to the building for inspection purposes. Prior to any re- occupancy, a vacant building must be inspected by the City and found to be in compliance with Chapter 12 of the City Code and all other applicable regulations. All application and re- inspection fees must also be paid prior to any re- occupancy of the building. All such fees are set by Resolution of the City Council. Section 12 -546. MAINTENANCE OF VACANT BUILDINGS. The owner must comply with and address the following items in the property plan, as described in section 12- 546(2): 1. Appearance. All vacant buildings must be so maintained and kept that they appear to be occupied. 2. Securing. All vacant buildings must be secured from outside entry by unauthorized persons or pests. Security must be by the normal building amenities such as windows and doors havina adeauate strenath to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes. a. Architectural (Cosmetic) Structural Panels. Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade- finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi -glass to simulate windows. b. Temporary Securing. Untreated plywood or similar structural panels or temporary construction fencing may be used to secure windows, doors and other openings for a maximum period of 14 days. c. "Artistic" board -up. With prior approval of the compliance official, artistic options may be utilized to secure a vacant building. d. Emergency securing. The compliance official may take steps to immediately secure a vacant building at his or her discretion in emergency circumstances. 3. Fire Safety. a. Fire protection systems. Owners of non - residential vacant buildings must maintain all fire protection systems, appliances and assemblies in operating condition and maintain underwriter laboratories (UL) listed monitoring of all systems or approved by the Fire Marshal. b. Removal of hazardous and combustible materials. The owner of any vacant building, or vacant portion thereof, must remove all hazardous material and hazardous refuse that could constitute a fire hazard or contribute to the spread of fire. Packet Page Number 163 of 285 4. Plumbing fixtures. Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system must be installed in accordance with applicable codes and be maintained in sound condition and aood repair or removed and the service terminated in the manner prescribed by applicable codes. The building's water systems must be protected from freezing. 5. Electrical. Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes must be repaired. removed or the electrical services terminated to the building in accordance with applicable codes. 6. Lighting. All exterior lighting fixtures must be maintained in good repair, and illumination must be provided to the building and all walkways in the same manner as provided at the time the building was last occupied or as otherwise provided in the approved vacant building plan. 7. Heating. Heating facilities or heating equipment in vacant buildings must be removed, rendered inoperable, or maintained in accordance with applicable codes. 8. Termination of utilities. The compliance official may require that water, sewer, electricity, or gas service to the vacant building be terminated or disconnected. Prior to the termination of anv utility service. written notice must be aiven to the owner. No utility may be restored until consent is given by the compliance official. Utilities may be discontinued at the request of the owner or responsible party as part of the approved vacant building property plan. The compliance official may authorize immediate termination of utilities at his or her discretion in emergency circumstances. 9. Signage. Obsolete or unused exterior signs and installation hardware must be removed. Hales and penetrations must be properly patched and painted to match the building. Surfaces beneath the signs that do not match the building must be repaired, resurfaced, painted or otherwise altered to be compatible with the building surfaces. All signs must be maintained in good condition and in compliance with Chapter 44 of city code. Auction signs or attention - getting devices may be placed on a property for no more than fourteen (14) consecutive days prior to the auction date and must be removed within three (3) days following the auction. 10. Exterior maintenance. The owner must comply with all applicable property maintenance regulations and city codes including, but not limited to, the following: a. Public nuisances. The owner must eliminate any activity on the property that constitutes a public nuisance as defined by Section 18 -31 of the city code. b. Grass and weeds. Any weeds or grass must be no greater than six (8) inches in height. C. Rain Gardens. The owner must maintain existing rain garden to community standards. d. Exterior structure maintenance. The owner must maintain the vacant building in compliance with Sections 12 -147 & 12 -148 as determined to be necessary by the code official. e. Abandoned or funk vehicles. The owner must remove abandoned and iunk vehicles from the property. The City may impound such vehicles consistent with the requirements in Chapter 18 of the city code. f. Storage and disposal of refuse. The storage and disposal of refuse must comply with the requirements of Chapter 12 of the city code. a. Animals. The owner must ensure that all animals are removed from the property and handled in a humane manner Packet Page Number 164 of 285 h. Diseased, dead or hazardous trees. The owner must remove diseased, dead or hazardous trees or branches from the property in accordance with Chapter 12 & 38 of the city code. i. Graffiti. The owner must remove all graffiti from the property in accordance with city ordinance. i. Abandoned pools. Swimminq pools must be maintained in good operating condition; treated to prevent pest harborage; or properly drained and emptied. Swimming pools must be secured in accordance with citv code section 12 -502. 11. Removal of garbage and refuse. The owner of any vacant building, or vacant portion thereof, must remove all garbage, refuse, rubbish, swill, filth, or other materials from the vacant building and the property upon which the building is located. 12. Police protections systems. The owner must properly maintain all alarm systems in any vacant building or portion thereof in operating condition. 13. Loitering, criminal activities. Loiterinq or engaging in criminal activities is not allowed in the vacant building or on the real property upon which the vacant building is located. The owner or responsible party must not allow these activities and take immediate actions to eliminate these conditions once notified by the city. 14. Emergency Abatement. The compliance official may authorize immediate abatement of any public nuisance or maintenance item if, in the discretion of the compliance official, emergency circumstances exist that present an imminent threat to the public health and safety. 15. Other Codes. All other city codes and applicable regulations must be complied with. Section 12 -547. NO OCCUPANCY OR TRESPASS. No person may trespass, occupy or reside in, on a temporary or permanent basis, any vacant building without the owner's consent. Section 12 -548. VANDALISM OR REMOVAL OF ITEMS PROHIBITED. No person may vandalize or remove items from a vacant building or the property upon which it is located, including, but not limited to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner's consent. Section 12 -549. APPEAL. Any person or responsible party aggrieved by a decision under sections 12 -540 through 12 -550 may appeal to the City Council. The appeal must be in writing, must specify the grounds for the appeal, and must be submitted to the City Manager within ten business days of the decision that is basis of the appeal. Section 12 -550. PENALTIES. Any person or responsible party who violates sections 12 -540 through 12 -548 is subject to the penalty as provided under section 12 -539 of the city code. Nothing in sections 12 -540 through 12 -550, however, is deemed to impair other remedies or civil penalties available to the Citv under this code or state law. includina. but not limited to. Minnesota Statutes Sections 463.15 through 463.261. Packet Page Number 165 of 285 AGENDA NO. L -8 AGENDA REPORT To: Jim Antonen, City Manager From: Chuck Ahl, Assistant City Manager Bob Mittet, Finance Director Date: July 22, 2009 Re: Adoption of 2010 -2014 Capital Improvement Plan BACKGROUND The City Council received the draft 2010 — 2014 Capital Improvement Plan (CIP) at the July 13 Council Manager Workshop. Prior to that, the Parks Commission reviewed the applicable portions of the CIP on June 17, 2009. The Planning Commission met on July 7 with most of the members of the Environmental and Natural Resources Commission in attendance. Finally, the Environmental and Natural Resources Commission met July 20. All of the commissions voted to approve the CIP as presented to them. CIP IN REVIEW Some key points of the CIP 1. The total cost of the GIP is $76,363,760, an increase of 16.1 % over the previous CIP. The largest project in the CIP this year is the TH 36 — English St. Interchange of $12,000,000, most of which is funded from outside sources including state and federal grants. When those are backed out, the 2010 — 2014 CIP is very similar in total cost to the 2009 — 2013 CIP. 2. This level reflects the intent of the City Council last year to hold the CIP at that level. 3. The CIP does not include more than $21,400,000 of projects recommended by staff but deferred from the CIP because the priority and funding was not available for these projects. 4. Debt at the end of 2008 is $74,462,297. This CIP would project debt to peak in 2010 at $78,997,297 and would reduce to $75,510,167 by the end of 2014. This also reflects directives from the City Council. Packet Page Number 166 of 285 5. The CIP includes more than $15,000,000 of work in Gladstone and the Gladstone Savanna. It also includes a larger allocation of resources to park improvements than presented in the 2009 — 2013 CIP. The City's Roadway Improvement Plan has been in effect for a number of years and the overall condition of city streets has been improved to a point where we will be decreasing the level of work going forward from 2014. 6. The federal economic stimulus will be used to pay for some energy related building maintenance that would otherwise have been included in the CIP. The draft report you have, as you were told earlier, includes one map that was incorrect and neighborhood demographic data that is still being updated. These will be corrected prior to publishing the final CIP. RECOMMENDATION Staff recommends adoption of the 2010 — 2014 Capital Improvement Plan. Attachments: 1. Planning Commission Minutes from July 7, 2009 noting Approval 2. Park and Recreation Commission Minutes from June 17, 2009 noting Approval 3. Proposed 2010 -2014 Capital Improvement Plan (previously provided to the City Council) Packet Page Number 167 of 285 WC I, mal 4. Approval of Minutes a. July 7, 2009 MEMO= 6. New Business a. Planned Unit Development Ordinance Review LZJIWT • if - �At 0 � MUM= Packet Page Number 168 of 285 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 7, 2009 MWOM Commissioner Joseph Boeser Present Vice-Chairperson Tushar Desai Absent Chairperson Lorraine Fischer Present Commissioner Harland Hess Absent Commissioner Robert Martin Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Joe Walton Present Commissioner Jeremy Yarwood Present City Staff Present: Tom Ekstra,nd, Cily Planner Chuck Ahl, Assistant City Manager Robert Mittet, City Finance Director Commissioner Pearson moved to approve the agenda as presented, Commissioner Trippler seconded Ayes - all The motion passed. "lommissioner Trippler moved to approve the minutes • June 2, 2009 as presentejj 9�•� a. 7*05 p.m.: Conditional Use Permit Amendment—Century Trails Senior Apartments, CommonBond Communities, Benet Road and Monastery Way Packet Page Number 169 of 285 Planning Commission -2- Minutes of 07-07-09 Planner Ekstrand mentioned that the city council minutes for approval of the first phase developmeni were not clear as to a parking reduction or how much parking the council's motion required. Mr. Ekstrand said staff is recommending that garages be required. Planner Ekstrand read the following comments from Commissioner Hess, who was unable to attend this meeting: We are again facing the same parking and unit size issue the planning commission faced with previous senior housing proposals. We have not concluded this discussion and the PC may wish to again re-address this issue. The garages are a good idea with Minnesota winters, but as an alternative, posts with outlets for car heaters should be considered. Sheet C1 of the civil drawings show a utility line that is not identified (see attachment). What is this? Commissioner Trippler said the bank on the north side of the site drops off sharply and he recommended that the applicant install fencing as a warning of the drop i# Trippler said an 2dvantage of underground garages is to provide shelter during severe weather, since there is no basement in this building. Judith Wurdock, of CommonBond Communities, gave a presentation explaining plans and the financing for this senior apartment project, Commissioner Boeser suggested that the 43 proposed parking spaces be reduced to the previously 2pproved 41 spaces, but requiring them to be 10 feet rather than 9 1 /2 feet. Commissioner Trippler said he feels this project needs to have underground parking for winter use and for storm/emergency situations to protect the residents and amenities shouldn't be limited by HUD requirements, Packet Page Number 170 of 285 Packet Page Number 171 of 285 Packet Page Number 172 of 285 Planning Commission Minutes of 07-07-09 commission as a public nearing. ifir. Atli said ot er city rcfIldl I TWI felle'll ST Tne plaT17M h commission members were invited to attend this hearing and comment on this project. Mr. AN explained funding of previous annual improvement plans and answered questions from the commission regarding projects included in the 2010-2014 proposal. Fredrica Musgrave, a member of the environment and natural resource commission, 1949 Greenbrier Street, asked for clarification ofdetails with some projects scheduled in this proposed plan, Ms, Musgrave asked that the planning commission look closely at each of the proposed items in the proposed CIP to determine if they are really needed. Peter Fischer, chair of the parks commission, explained that the commission is currently working off of a needs assessment that was done in 1999. Mr. Fischer explained that before improvements are done in a park the commission holds a neighborhood meeting where residents can review the plans and give comments and ideas. Commissioner Boeser suggested that C.I.P. project prioritization would be a useful in-service training topic and asked staff if that would be possible. Director AN responded affirmatively saying it would not be difficult to provide the information in a training session. I Tinancing Malls ol Tunds and debt management also contribufE� to how the projects are prioritized, Commissioner Pearson moved the planning commission recommend to the city council approval of the Capital Improvement Project 2010-2014. Commissioner Yarwood seconded Ayes – all The motion passed. Inll a. Conditional Use Permit Amendment—Bruentrup Heritage Farm, 2170 County Road I Commissioner Trippler said he is not in favor of allowing music • noise until 10 p.m, at this site and he also does not agree with their proposal for off-site parking. Packet Page Number 173 of 285 Planning Commission Minutes of 07-07-09 Commissioner Pearson said he does not support off-site parking and that it sets a stupid precedent and he will not support this. Commissioner Boeser said he does not support the parking shuttle concept. Mr. Boeser suggested that there is adequate space on the site to provide on-site parking including screening without touching the integrity of the farm. Commissioner Walton said there is still the noise issue to deal with. Commissioner Boeser responded that the Maplewood Area Historical Society has approved an outdoor 9 p.m. noise/music deadline and this deadline could be required indoors also. Commissioner Walton said the staff recommendation includes a condition requiring compliance with the city's noise ordinance. Commissioner Trippler moved the planning commission recommend approval of the amendment to the Maplewood Area Historical Society's Conditional Use Permit for the use of the Bruentrup Heritage Farm site (2170 County Road D) with the following conditions-, 1. Repeat this review in two years if the city has not issued a building permit for this project. Z Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 1 The applicant or contractor shall complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, a handicap -parking sign for each handicap -parking space and an address on the building. c. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not need to be screened. d. Install site -security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source is not visible and so it does not cause any nuisance to drivers or neighbors. 4If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. 5. All work shall follow the approved plans. The director of community development may approve minor changes. New Conditions which apply to the subleasing of the site by the Society for large fundraising events. Update the January 2008,Bruentrur) Heritage Farm Master Plan to include correct site size, site conditions, parking references, and purpose and intent of uses including_! subleased — fundraising fundraia!ggqytp1L Z. Parking shall be on-site gDIL, Any IaLge-scale music proposed for any event on the site such as DJs and bands should be Packet Page Number 174 of 285 Packet Page Number 175 of 285 Planning Commission Minutes of 07-07-09 a. Staff commended that there were no planning commission items that were reviewed on June 8 or June 22. b. Staff stated that there were no planning commission items scheduled for the upcoming July 13, 2009 city council meeting. It would be Commissioner Boeser's turn to attend if there were items for review. Packet Page Number 176 of 285 4. Approval of Minutes a. June 17, 2009 Packet Page Number 177 of 285 1. CALL TO'ORDER Chair Fischer indicated eight out of nine commissioners were present, so Cher vas quorum 2. ROLL CALL III I a �sked that "2009 Capital o add a Natural Area ad, seconded by M Packet Page Number 11 of 285 Packet Page Number 172 of 285 AWIRRI MASUMTHBIAMURMWIR document. This will be distributed to the commission, gardens. Packet Page Number 1 A of 285 all of the discussion and will look at the additional sites requested, and will come back to the commission at their next meeting. C. Fish Creek Natural Area Greenway Grant Update 9 9 NEW BUSINESS �M min am --' "I.— i FliffiffT 733=7*777=1s oocument to me Ulty f.;Ouncil and the Planning Commission as they have outlined. Commissioner Christianson seconded the motion, and the motion carried by a vote of 9-0. flalicluvi 1cluuji ommission to help staft identify how they will spend the $60,000 which is available to the Parks and Recreation Department for 2009, He listed the prcjects 1 Replacement of lights at Goodrich Park with replacement of light fixtures on fields two and three; 2, Replacement of backstops at Goodrich Park; Packet Page Number 10 of 285 M r # I I lignijil jaw Manager A � � E ans vest of the Legacy Tot Lot development, Parks back to the commission next month, Packet Page Number 16 of 285 MMUM Packet Page Number 186 of 285 Commissioner Sonnek said the Dog Park subcommittee is meeting as planned so they will miss the tour on July 1, 2009. PUR 11011 "RINURIN IfIrm lamom.11101M mi Is Ral W, �H MM 0 be discussing benches, sig�s, kiosks, mileage ewood trails, reti I low Foweverl project. Chair Fischer asked for a motion to adjoum the meeting, Commissioner Brannon made a motion, seconded by Commission Maas, The motion carried by unanimous vote. Packet Page Number 18A of 285 AGENDA NO. M -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: July 27, 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: $ 333,178.91 Checks 4 78828 thru 4 78891 dated 07/06/09 thru 07/14/09 $ 171,578.25 Disbursements via debits to checking account dated 07/03/09 thru 07114109 $ 699,381.84 Checks 4 78892 thru 4 78936 dated 07/10/09 thru 07/21/09 $ 340,726.24 Disbursements via debits to checking account dated 07/10/09 thru 07/17/09 $ 1,544,865.24 Total Accounts Payable PAYROLL $ 510,370.84 Payroll Checks and Direct Deposits dated 07110109 $ 2,341.75 Payroll Deduction check 4 1007410 thru 9 1007411 dated 07110109 $ 512,712.59 Total Payroll $ 2,057,577.83 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 Packet Page Number 185 of 285 Check Register City of Maplewood 07/10/2009 Check Date Vendor Description Amount 78828 78829 78830 78831 78832 78833 78834 78835 78836 78837 78838 78839 78840 78841 78842 78843 78844 78845 78846 78847 78848 78849 78850 78851 78852 78853 78854 78855 78856 78857 78858 78859 78860 78861 78862 78863 78864 78865 78866 78867 78868 78869 78870 78871 78872 78873 78874 78875 78876 78877 78877 78878 0710612009 01283 POST BOARD 07/07/2009 00003 ESCROW REFUND 07/07/2009 01126 MN NCPERS LIFE INSURANCE 0710712009 03818 MEDICA 0711412009 01973 ERICKSON OIL PRODUCTS INC 07/14/2009 01949 GARY L FISCHLER & ASSOC PA 07/14/2009 01337 RAMSEY COUNTY -PROP REC & REV 0711412009 01190 XCEL ENERGY 0711412009 04008 AMERITAS 07/14/2009 00111 ANIMAL CONTROL SERVICES 07/14/2009 03513 BRIAN BIERDEMAN 0711412009 04312 BRANCH & BOUGH 07114/2009 00216 BRIGGS & MORGAN, P.A. 07/14/2009 04085 C.W. HOULE, INC. 07/14/2009 04163 CLASSIC COLLISON CENTER 07114/2009 02929 CNAGLAC 0711412009 00384 DE LACE LANDEN FINANCIAL SRVS 07/14/2009 04311 JOE DEMULLING 07/14/2009 04064 DEREK FRITZE 0711412009 00612 GYM WORKS INC 0711412009 03597 MARY JO HOFMEISTER 07/14/2009 04152 ISD 622 COMMUNITY EDUCATION 07/14/2009 04220 ISS FACILITY SERVICES -MPLS 0711412009 04005 JOHN A DALSIN & SON, INC 0711412009 04005 JOHN A DALSIN & SON, INC 07/14/2009 00393 DEPT OF LABOR & INDUSTRY 07/14/2009 00896 M C M A 0711412009 00929 CITY OF MAPLE GROVE 07/1412009 04038 METRO - CLEANING SERVICES, INC. 07/14/2009 04193 MIDAMERICA AUCTIONS 07/14/2009 04316 CITY OF MINNEAPOLIS RECEIVABLES 07/1412009 04316 CITY OF MINNEAPOLIS RECEIVABLES 07114/2009 04316 CITY OF MINNEAPOLIS RECEIVABLES 07/14/2009 03838 MN FIAM BOOK SALES 07/14/2009 01085 MN LIFE INSURANCE 07114/2009 04056 MSFCB 0711412009 04315 NATL COLLEGIATE SCOUTING ASSOC 07/14/2009 03951 OLYMPIC UNIFORMS 07/14/2009 00001 ONE TIME VENDOR 0711412009 00001 ONE TIME VENDOR 0711412009 00001 ONE TIME VENDOR 07/14/2009 00001 ONE TIME VENDOR 07/14/2009 00001 ONE TIME VENDOR 0711412009 00001 ONE TIME VENDOR 07114/2009 00001 ONE TIME VENDOR 07/14/2009 00001 ONE TIME VENDOR 07/14/2009 00001 ONE TIME VENDOR 07114/2009 00001 ONE TIME VENDOR 0711412009 00001 ONE TIME VENDOR 07/14/2009 00001 ONE TIME VENDOR 07/14/2009 00001 ONE TIME VENDOR 0711412009 00001 ONE TIME VENDOR 0711412009 00396 DEPT OF PUBLIC SAFETY 07/14/2009 00396 DEPT OF PUBLIC SAFETY 07/14/2009 01359 REGAL AUTO WASH DETAIL XX POLICE OFFICER LICENSE ESCROW REL 2336 HIGHWOOD COMM MONTHLY PREMIUM - JULY MONTHLY PREMIUM - JULY CAR WASHES - JUNE CANDIDATE SCREENING MULCH FOR PROD RAINGARDENS ELECTRIC UTILITY MONTHLY PREMIUM - JULY PATROL & BOARDING FEES 6/8 - 7/5 REIMB FOR MEALS 7/14 - 7116 TREE INSPECTION 2009A ISSUANCE COSTS PROJ 07 -21 KOHLMAN LN PARTPMT #9 REPAIRS TO SQUAD #957 CN 09011128 MONTHLY PREMIUM - JULY LEASE ON RICOH MPC2500 REIMB FOR PDA 6/16 SECURITY OFFICER FOR 7/11 MCC WORK ON EXERCISE EQUIP MCC REIMB FOR MILEAGE 5129 - 6/23 GYM FEES ADULT VOLLEYBALL CLEAN & SEAL RESTROOM FLOORS REPAIR LEAKING WALL PW INSTALL CURB FOR SECURITY CAMERA MONTHLY SURTAX - JUNE 6681123035 MEMBERSHIP DUES BIKE PATROL TRAINING CLEAN COILS ON AIR HANDLER MCC FORFEITED VEHICLE STORAGE - JUNE AUTO PAWN SYSTEM - MAY AUTO PAWN SYSTEM - APRIL AUTO PAWN SYSTEM - MARCH PUMPING / DRIVER BOOK MONTHLY PREMIUM - JULY FFII EXAM CONSULTING SRVS COLLEGE FAIR MCC BIKE PATROL UNIFORMS RESERVES REFUND M BICZKOWSKI AMB 071599 REFUND ELDER -JONES PERMIT BL -09- REFUND F LARSON FOR TRANS MEDIC REFUND S SYMANIETZ MEDICA BENEFIT REFUND EMPIRE FOR TRANS MEDIC REFUND G CAVE MEMBERSHIP REFUND S NICHOLS HP BENEFIT REFUND S STARK HP BENEFIT REFUND A O'NEILL HP BENEFIT REFUND K ROSEBEAR - CHANNER HP REFUND S VAN KIRK UCARE BENEFIT REFUND K BRENNHOFER MEDICA REFUND J MENSAH MEDICA BENEFIT REFUND J GRISWOLD UCARE BENEFIT REGISTRATION FEE REGISTRATION FEE CAR WASH - JUNE 125.00 1,100.00 432.00 145,071.44 115.02 650.00 3,322.80 16,979.13 10,066.40 3,484.68 40.00 1,150.00 7,500.00 89,170.56 3,963.36 531.50 265.65 160.11 280.00 1,454.98 13.48 372.00 1,868.13 2,167.33 1,663.96 2,438.73 130.00 550.00 2,250.00 2,250.00 665.00 645.00 579.00 95.85 3,579.60 490.00 225.00 274.41 542.60 92.50 88.53 80.00 74.13 72.60 60.00 60.00 40.00 20.00 20.00 20.00 20.00 20.00 50.00 50.00 104.51 Packet Page Number 186 of 285 78879 0711412009 04219 DAVID ROBY REFEREE FOR DODGEBALL LEAGUE 165.00 78880 0711412009 04043 SCHWAN FOOD CO MDSE FOR RESALE 40.56 78881 0711412009 02274 SPRINT SPRING /NEXTEL SERVICE 5/15 - 6114 5,630.55 78882 0711412009 00198 ST PAUL REGIONAL WATER SRVS KENNARD IRRIGATION 60.37 78883 0711412009 01836 CITY OF ST PAUL TRAINING FACILITIES 400.00 78884 0711412009 01578 T R F SUPPLY CO. MISC SUPPLIES 295.32 78885 0711412009 04154 TARGETSAFETY ON LINE TRAINING 7,875.00 78886 0711412009 03088 JOSEPH TRAN REIMB FOR TUITION & BOOKS 5/12 - 6/23 711.74 78887 0711412009 04192 TRANS -MEDIC EMS BILLING - JUNE 3,195.00 78888 07114/2009 01669 TWIN CITIES TRANSPORT & TOWING FEE FORFEITED VEHICLES 1,978.55 78889 07/14/2009 01665 TWIN CITY HARDWARE CO DOOR HOLDERS FOR MCC 267.40 78890 07/14/2009 00529 UNION SECURITY INSURANCE CO LTD PLAN 4043120 -2 - JULY 2,800.19 07114/2009 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120 -1 - JULY 1,826.22 78891 0711412009 01750 THE WATSON CO INC MDSE FOR RESALE 239.48 07/14/2009 01750 THE WATSON CO INC MDSE FOR RESALE 158.54 64 Checks in this report. 333.178.91 Packet Page Number 187 of 285 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 07/03/09 07/06/09 Mon MN Dept of Natural Resources DNR electronic licenses 1,905.50 07103/09 07/06/09 MN Dept of Natural Resources DNR electronic licenses 79.00 07106/09 07/07/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 19,994.77 07107/09 07/08/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 20,902.68 07108/09 07/09/09 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 19,669.81 07/08109 07/09/09 US Bank VISA One Card Purchasing Card Items 69,457.54 07/08109 07/09/09 State of Minnesota Street agreement 24,536.00 07/09/09 07/10/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 14,437.44 07/09/09 07/10/09 MN Dept of Revenue MN Care Tax 595.51 TOTAL *Detailed listing of VISA purchases is attached. Packet Page Number 188 of 285 Check Register City of Maplewood 07/17/2009 Check Date Vendor Description Amount 78892 0711012009 00001 ONE TIME VENDOR REIMB J FRATTALONE SOD 360.00 78893 07/13/2009 02464 US BANK FUNDS FOR ATMS 6,000.00 78894 07/13/2009 02464 US BANK FUNDS FOR ATMS 6,000.00 78895 0711412009 04212 QUAST CERAMICS, INC. INSTRUCTOR FEES FEB -JUNE 2,248.40 78896 07/21/2009 00131 ASPEN EQUIPMENT CO STAINLESS STEEL DUMP BODY WITH 28,238.61 78897 07/21/2009 03576 EUREKA RECYCLING RECYCLING - JULY 21,224.44 78898 07/21/2009 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREEN 325.00 78899 07/21/2009 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 09 -04 PROF SRVS THRU 5131 3,304.45 78900 07/21/2009 01337 RAMSEY COUNTY -PROP REC & REV MULCH & TREES FOR NC YARD 225.78 78901 07/21/2009 01546 SUBURBAN SPORTSWEAR SMALL CAMP SHIRTS 420.00 07/21/2009 01546 SUBURBAN SPORTSWEAR STAFF SHIRTS FOR JULY 4TH 301.50 78902 07/21/2009 03421 3RD LAIR SKATEPARK INSTRUCTION FEES 640.00 78903 07/21/2009 03589 YANCY BECK REIMB FOR FIRE EXPLORERS 5/3 - 5117 93.08 07/21/2009 03589 YANCY BECK REIMB FOR FIRE EXPLORERS 6/14 89.67 78904 07/21/2009 04317 MARY BRIODY COURT TRANSCRIPT & COPIES 679.50 78905 07/21/2009 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUD CHECK 50.00 78906 07/21/2009 00279 CEMSTONE PRODUCTS CO. CONCRETE BARRIERS - FISH CREEK 143.78 78907 07/21/2009 00420 DOWNTOWNER DETAIL CENTER POLICE VEHICLE CLEANING & DETAILING 386.07 78908 07/21/2009 00103 EARL F ANDERSON INC CHANNEL POST FOR SIGN 1,208.78 78909 07/21/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEES TO WILD 377.50 07/21/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEES -MALL OF AMERICA 350.00 07/21/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEES -STARS & STRIKES 212.50 07/21/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEES -PUMP IT UP 185.00 78910 07/21/2009 00827 L M C I T CLAIM DEDUCTIBEL #11068732 2,133.42 78911 07/21/2009 00932 MAPLEWOOD BAKERY MDSE FOR RESALE /BANQUET ROOM 719.76 78912 07/21/2009 04318 MILLER EXCAVATING, INC. PROJ 08 -10 CARSGROVE MEADOWS 305,603.46 78913 07/21/2009 03270 MICHAEL A. MILLER /ISN ADULT SOFTBALL UMPIRES 6115 - 7115 4,818.00 78914 07/21/2009 01089 MN UC FUND QUARTERLY UNEMPLOYMENT - 2ND 709.80 78915 07/21/2009 00001 ONE TIME VENDOR REIMB NEW HORIZON SIGN RELOCATE 8,126.00 78916 07/21/2009 00001 ONE TIME VENDOR REIMB A SMITH DOG FENCE REPAIR 98.00 78917 07/21/2009 00001 ONE TIME VENDOR REFUND K SMITH CPR CLASS 75.00 78918 07/21/2009 00001 ONE TIME VENDOR REFUND M PETERS CLASS CANCELLED 36.00 78919 07/21/2009 00001 ONE TIME VENDOR REFUND S GBOLO- THOMPSON 25.68 78920 07/21/2009 00001 ONE TIME VENDOR REFUND L JAEHNERT HP BENEFIT 20.00 78921 07/21/2009 01254 PEPSI -COLA COMPANY MDSE FOR RESALE 518.25 78922 07/21/2009 04265 MARIA PIRELA ZUMBA INSTRUCTOR 5/9 - 6/20 35.00 78923 07/21/2009 04184 MICHELLE PRONSATI ZUMBA INSTRUCTOR 5/14 - 6125 25.00 78924 07/21/2009 00396 DEPT OF PUBLIC SAFETY CJDN PROVIDED TO PD 2Nd QTR 1,920.00 78925 07/21/2009 00396 DEPT OF PUBLIC SAFETY TRANSFER TITLES OF FORFEITED 40.00 78926 07/21/2009 01931 RAMSEY COUNTY FAIR RIDE TICKETS FOR DAYCAMP 250.00 78927 07/21/2009 03427 NANCY RICHTER REIMB FOR CANCELLED CLASS 170.00 78928 07/21/2009 02001 CITY OF ROSEVILLE JOINT POWER BILLING - JULY 625.00 78929 07/21/2009 03879 SANSIO EMS RUNSHEETS & SUBSCRIPTION -AUG 614.59 78930 07/21/2009 01573 TOM SZCZEPANSKI REIMB FOR PDA 6/10 250.00 78931 07/21/2009 01574 T.A. SCHIFSKY & SONS, INC PROJ 08 -12 CASTLE AVE PARTPMT #1 152,138.18 07/21/2009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 2,759.93 07/21/2009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 2,135.78 07/21/2009 01574 T.A. SCHIFSKY & SONS, INC GRAVEL ROAD BASE 1,171.43 78932 07/21/2009 01616 PAUL THIEVES SECURITY OFFICER JULY 18 MCC 315.00 78933 07/21/2009 01635 TOWER ASPHALT INC PROJ 07 -30 TOWER ASPHALT 132,816.08 78934 07/21/2009 04313 TRAFFIX DEVICES INC. REPAIR PARTS FOR TRAFFIC SIGNS 40.42 78935 07/21/2009 02464 US BANK FUNDS FOR ATM 8,000.00 78936 07/21/2009 04276 YOUNG REMBRANDTS ART INSTRUCTOR FEES 128.00 45 Checks in this report. 699.381.84 Packet Page Number 189 of 285 CITY OF MAPLEWOOD Disbursements via Debits to Checking account 07110/09 07/13/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 20,259.25 07/10/09 07/13/09 MN Dept of Natural Resources DNR electronic licenses 869.50 07/10/09 07/13/09 MN Dept of Natural Resources DNR electronic licenses 28.00 07/10/09 07/13/09 MN Dept of Revenue MN Care Tax 6,277.00 07110/09 07/13/09 Great West Deferred Compensation 24,721.00 07110/09 07/13/09 ICMA (Vantagepointe) Deferred Compensation 3,834.38 07113/09 07/14/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 20,935.28 07113/09 07/14/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 6,459.98 07/13109 07/14/09 PERA PERA 82,896.63 07/13109 07/14/09 US Treasurer Federal Payroll Tax (FICA) 95,407.32 07/13/09 07/14/09 MN Dept of Revenue Fuel Tax 315.44 07/14/09 07/15/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 19,171.75 07114/09 07/15/09 Labor Unions Union Dues 2,681.66 07114/09 07/15/09 WI Dept of Revenue State Payroll Tax 1,109.16 07114109 07/15/09 MN State Treasurer State Payroll Tax 19,521.31 07/14109 07/15/09 MN Dept of Revenue Sales Tax 6,644.00 07/15/09 07/16/09 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,015.45 07/15/09 07/15/09 Vanco Frequent Fitness reimbursement - return 45.90 07/16/09 07/17/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,568.90 07/16/09 07/17/09 ARC Administration DCRP & Flex plan payments 4,964.33 TOTAL *Detailed listing of VISA purchases is attached. 344,726.24 Packet Page Number 190 of 285 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 07/10/09 HJELLE, ERIK 416.42 07/10/09 JUENEMANN, KATHLEEN 416.42 07!10109 NEPHEW, JOHN 416.42 07110109 ROSSBACH, WILLIAM 416.42 07110/09 STRAUTMANIS, MARIS 127.50 07110/09 AHL. R. CHARLES 5.121.44 07110/09 ANTONEN, JAMES 5,800.00 07/10/09 BURLINGAME, SARAH 1,772.44 07/10/09 CHRISTENSON, SCOTT 2,381.35 07110/09 FARR, LARRY 2,542.04 07/10/09 JAHN, DAVID 1,788.37 07/10 /09 RAMEAUX, THERESE 2,942.50 07110/09 FORMANEK, KAREN 1,633.35 07/10/09 MITTET, ROBERT 3.572.04 07/10/09 ANDERSON, CAROLE 1,114.36 07/10/09 DEBILZAN, JUDY 1,14316 07/10/09 JACKSON, MARY 2.042.95 07/10/09 KELSEY, CONNIE 1494.26 07/10/09 LAYMAN, COLLEEN 2,74310 07110/09 CAREY, HEIDI 1423.75 07/10/09 GUILFOILE, KAREN 4,118.10 07/10/09 KROLL, LISA 1,750.86 07/10/09 NEPHEW, MICHELLE 1.441.35 07/10/09 PETERSON, JORDAN 549.00 07/10/09 SCHMIDT, DEBORAH 2.395.37 07110/09 SPANGLER, EDNA 1,077.05 07/10/09 CORTESI, LUANNE 1,070.39 07/10/09 JAGOE, CAROL 1,83317 07110/09 KELLY, LISA 1,318.32 07/10 /09 LARSON, MICHELLE 1,031.94 07/10 /09 MECHELKE, SHERRIE 1,113.45 07/10/09 MOY, PAMELA 1,191.37 07/10/09 OSTER, ANDREA 1,833.17 07/10 /09 WEAVER, KRISTINE 2,118.95 07/10/09 ARNOLD, AJLA 128.00 07/10/09 CORCORAN, THERESA L844.55 07/10/09 KVAM, DAVID 4,086.18 07/10/09 PALANK, MARY 1.830.86 07110/09 POWELL, PHILIP 1818.15 07/10/09 SVENDSEN, JOANNE 2,02259 07/10/09 THOMALLA, DAVID 4,839.74 07110/09 YOUNG, TAMELA 1,836.55 07/10/09 ABEL, CLINT 2,871.41 07/10/09 ALDRIDGE, MARK 3,163.97 Packet Page Number 191 of 285 07!10109 BAKKE, LONN 3,035.72 07110109 BARTZ, PAUL 3,558.29 07110/09 BELDE, STANLEY" 1907.47 07110/09 BENJAMIN, MARKESE 2,262.77 07/10/09 BIERDEMAN, BRIAN 3,037.92 07 /10 /09 BOHL, JOHN 3,572.34 07110/09 BUSACK, DANIEL 3.240.35 07110/09 COFFEY, KEVIN 2955.76 07 /10 /09 CROTTY, KERRY 3,405.60 07 /10 /09 DEMULLING. JOSEPH 2.258.37 07110/09 DOBLAR, RICHARD 3,473.16 07/10 /09 DUGAS, MICHAEL 3,744.63 07/10/09 FRITZE. DEREK 2,377.37 07 /10 /09 GABRIEL, ANTHONY 3,30016 07110/09 HAWKINSON JR, TIMOTHY 2,466 20 07110/09 HER, PHENG 2,112.96 07/10109 HIEBERT, STEVEN 3,77957 07/10/09 JOHNSON, KEVIN 4,489.53 07110/09 KALKA, THOMAS 928.16 07110/09 KARIS, FLINT 3,636.45 07/10/09 KONG. TOMMY 1749.10 07 /10 /09 KREKELER, NICHOLAS 820.36 07110/09 KROLL, BRETT 2,964.12 07110/09 LANGNER, TODD 1884.92 07 /10 /09 LARSON, DANIEL 2,966.68 07/10/09 LU, JOHNNIE 2,770.04 07110/09 MARINO, JASON 1878.02 07110/09 MARTIN, DANIEL 2,093.98 07 /10 /09 MARTIN, JERROLD 2.90096 07/10109 MCCARTY, GLEN 3,01351 07/10/09 METRY, ALESIA 2.767.32 07110 /09 NYE, MICHAEL 1791.92 07 /10 /09 OLSON, JULIE 2,763.71 07/10/09 PALMA, STEVEN 3.058.24 07110/09 RHUDE, MATTHEW 2,914.92 07110/09 SHORTREED, MICHAEL 3,881.66 07/10/09 STEFFEN, SCOTT 3,897.24 07 /10 /09 STEINER, JOSEPH 3,14595 07110/09 SYPNIEWSKI. WILLIAM 2.772.18 07110/09 SZCZEPANSKI, THOMAS 3,090.86 07 /10 /09 TAUZELL, BRIAN 1,840.88 07 /10 /09 IRAN, JOSEPH 3,124.02 07110/09 WENZEL, JAY 3,012.91 07/10 /09 XIONG,KAO 2,818.04 07/10/09 BERGERON, JOSEPH 3,596.49 07 /10 /09 ERICKSON, VIRGINIA 3,007.62 07110/09 FLOR, TIMOTHY 3,409.01 07110/09 FRASER, JOHN 3,058.24 07/10109 LANGNER, SCOTT 2,896.00 07/10/09 REZNY. BRADLEY 1220.52 07110/09 THEISEN, PAUL 1978.45 07110/09 THIENES, PAUL 3,628.76 07/10/09 BAUMAN, ANDREW 1195.33 Packet Page Number 192 of 285 07/10/09 DAWSON, RICHARD 2.74096 07110109 DOLLERSCHELL, ROBERT 293.39 07/10/09 EVERSON,PAUL 3,323.72 07/10109 FOSSUM, ANDREW 2,451.83 07!10109 HALWEG, JODI 2,600.34 07110/09 JUNGMANN, BERNARD 3,279.71 07110/09 NOVAK, JEROME 1,004.52 07/10109 OLSON, JAMES 2,332.20 07/10109 PERBIX, CHARLES 1294.98 07110/09 PETERSON. ROBERT 2,796.58 07110/09 RICHARDSON, ANDREA 2,280.74 07/10109 SEDLACEK, JEFFREY 2.714.44 07/10%09 STREFF, MICHAEL 2,20957 07110/09 SVENDSEN, RONALD 2,765.84 07110/09 GERVAIS -JR. CLARENCE 3,440.23 07/10/09 LUKIN, STEVEN 4,38797 07/10109 ZWIEG, SUSAN 2,349.39 07110/09 KNUTSON, LOIS 1,848.56 07110/09 NIV EN. AMY 1.371.42 07/10/09 PRIEFER, WILLIAM 2,633.27 07/10109 AHL, GREGORY 840.00 07/10 /09 BRINK, TROY 2.071.55 07110/09 BUCKLEY, BRENT 2,326.93 07/10/09 DEBILZAN, THOMAS 2,06455 07/10109 EDGE, DOUGLAS 2,071.55 07110/09 HAMRE, MILES 1,260.00 07110/09 JONES, DONALD 2,064.55 07/10109 MEISSNER, BRENT 1,705.35 07/10;09 MEYER, GERALD 2,147.39 07110/09 NAGEL, BRYAN 3.229.26 07110/09 OSWALD, ERICK 1275.07 07/10%09 RUNNING, ROBERT 2,207.05 07/10/09 SEINES, SAMUEL 840.00 07110/09 TEVLIN, TODD 1064.55 07/10/09 BURLINGAME, NATHAN 1,846.95 07/10109 DUC IARME. JOHN 1,971.50 07/10/09 EATON, MEGAN 91650 07110/09 ENGSTROM. ANDREW 2.170.17 07110/09 JACOBSON, SCOTT 1,608.00 07/10109 JAROSCH, JONATHAN 2,555.75 07/10109 KREGER, JASON 2,203.30 07110/09 KUMMER, STEVEN 2,890.95 07110/09 LINDBLOM, RANDAL 3,315.09 07/10109 LOVE, STEVEN 2,807.75 07/10%09 O'CONNOR, DONOVAN 728.00 07110/09 THOMPSON, MICHAEL 3,480.58 07110/09 ZIEMAN, SCOTT 844.80 07/10/09 EDSON, DAVID 2,107.76 07/10109 GUNDERSON, ANDREW 792.00 07110/09 HINNENKAMP, GARY 2,075.50 07110/09 MARUSKA, MARK 3,090.00 07/10/09 NAUGHTON. JOHN 2.06455 07/10109 NORDQUIST, RICHARD 2,066.86 Packet Page Number 193 of 285 07/10/09 NOVAK. MICHAEL 3.791.57 07110109 SCHINDELDECKER, JAMES 1069.17 07/10/09 BIESANZ.OAKLEY 1.258.59 07/10109 DEAVER, CHARLES 756.98 07!10109 GERNES, CAROLE 610.00 07110/09 HAYMAN, JANET 1.230.85 07110/09 HUTCHINSON, ANN 1051.76 07/10109 SOUTTER, CHRISTINE 320.26 07/10109 WACHAL, KAREN 755.08 07110/09 FINWALL, SHANN 2,989.36 07110/09 FRY, PATRICIA 1.898.06 07110109 GAYNOR, VIRGINIA 2,827.97 07 /10%09 KONEWKO, DUWAYNE 4,36250 07110/09 SINDT, ANDREA 1,977.35 07110109 THOMPSON, DEBRA 620.02 07/10/09 EKSTRAND, THOMAS 3,707.78 07/10109 MARTIN, MICHAEL 2,344.55 07110109 BRASH, JASON L850.95 07110/09 CARVER, NICHOLAS 3,118.02 07/10/09 FISHER, DAVID 3,687.08 07/10109 RICE, MICHAEL 2,52295 07/10 /09 SWAN, DAVID 2.584.95 07110/09 WELLENS, MOLLY 1,477.36 07/10109 BERGER, STEPHANIE 4950 07110109 BJORK, ALICIA 743.13 07110/09 BJORK, BRANDON 880.00 07110/09 COLEMAN, JOHN 648.00 07/10109 JANASZAK, MEGHAN 157.50 07/10/09 ROBBINS, AUDRA 2,513.20 07110/09 ROBBINS, EMERALD 283.32 07110109 RYCHLICKI, NICHOLE 384.00 07/10%09 SCHALLER, SCOTT 84.00 07/10/09 SHERRILL, CAITLIN 363.25 07110109 STAPLES, PAULINE 3,309.18 07/10 /09 TAUBMAN, DOUGLAS 3,208.66 07/10109 TAYLOR, JAMES 2,170.42 07/10109 ADAMS, DAVID 1,840.62 07110/09 GERMAIN, DAVID 2,073.79 07110/09 HAAG, MARK 1064.55 07/10109 NADEAU, EDWARD 3,48552 07/10109 SCHULTZ, SCOTT 1266.95 07110 /09 ANZALDI. MALADY 1,633.50 07110/09 BERGLUND, DANIEL 274.50 07110109 BRENEMAN, NEIL L793.02 07/10%09 CRAWFORD - JR, RAYMOND 831.00 07110/09 DICKS, JOHN 324.00 07110109 EVANS, CHRISTINE 1,160.10 07/10/09 FABIO- SHANLEY, MICHAEL 183.70 07/10109 GADOW, ANNA 332.00 07110109 GLASS, JEAN 1041.88 07110/09 HANSEN, LORI 2.692.83 07/10/09 HER, CHONG 342.00 07/10109 HER, PETER 273.80 Packet Page Number 194 of 285 07/10/09 HOFMEISTER, MARY 875.39 07110109 HOFMEISTER, TIMOTHY 256.00 07/10/09 OLSON, ERICA 148.50 07/10109 OLSON, SANDRA 300.00 07!10109 PELOQUIN, PENNYE 545.74 07110/09 PENN. CHRISTINE 1.810.00 07110/09 SCHOENECKER_ LEIGH 610.50 07/10109 VANG, KAY 136.00 07/10109 YANG. TIM 84.00 07110/09 ZIELINSKI, JUDY 167.48 07110/09 AICHELE, MEGAN 146.75 07/10109 AMUNDSON, DANIKA 239.25 07 /10%09 ANDERSON, JOSHUA 462.40 07 /10 /09 ANDERSON, JUSTIN 419.45 07110/09 BAUDE, SARAH 88.75 07/10/09 BEITLER, JULIE 126.00 07/10109 BENJAMIN, AYLA 233.33 07110/09 BIGGS, ANNETTE 109.65 07 /10 /09 BRUSOE, AMY 111.63 07/10/09 BRUSOE, CRISTINA 489.55 07/10109 BUCHMAYER, NICOLLET 477.74 07/10/09 BUCKLEY, BRITTANY 306.87 07110/09 CAMPBELL, JESSICA 18.00 07/10/09 DEMPSEY, BETH 17150 07/10109 DUNN, RYAN 1,062.91 07110/09 ERICKSON - CLARK, CAROL 95.00 07 /10 /09 FLACKEY, MAUREEN 67.50 07/10109 GIEL, NICOLE 119.00 07/10/09 GRUENHAGEN, LINDA 301.80 07/10/09 HAGSTROM, EMILY 65.33 07110/09 HALL, HOLLY 318.00 07 /10%09 HANSEN, HANNAH 94.38 07/10/09 HOLMBERG. LADONNA 252.00 07110/09 HORWATH. RONALD 2513.20 07/10/09 IRISH. PETER 174.04 07/10109 JOSSART, ANGELA 34.00 07/10/09 JOYER, JENNA 21890 07 /10 /09 KOGLER, RYAN 140.60 07110/09 KOHLER, ROCHELLE 34.00 07/10109 KRONHOLM, KATHRYN 854.78 07/10109 LAMEYER, ZACHARY 244.80 07110/09 MANZELLA, TERESA 34.00 07/10/09 MATESKI, WAYNE 175.00 07/10109 MATHEWS, LEAH 485.45 07 /10%09 MCCANN, NATALIE 90.00 07 /10 /09 MCCARTHY, ERICA 90.25 07110 /09 NADEAU, KELLY 231.25 07/10/09 OBRIEN, JULIE 60.00 07/10109 PROESCH, ANDY 621.55 07110/09 RENFORD, NATHAN 279.13 07 /10 /09 RHODY, DIANE 583.00 07/10/09 RICHTER, DANIEL 108.00 07/10109 RICHTER, NANCY 817.23 Packet Page Number 195 of 285 Packet Page Number 196 of 285 07/10/09 RONNING, ISAIAH 99.23 07110109 SCHAEFER, NATALIE 76.50 07/10/09 SCHREIER, ROSEMARIE 284.00 07/10109 SCHREINER, MICHELLE 365.94 07!10109 SCHUNEMAN, GREGORY 500.78 07110/09 SJERVEN, BRENDA 68.00 07110/09 SICNAR, SAMANTHA 90.25 07/10109 SMITH, ANN 118.20 07/10109 SMITLEY. SHARON 150.90 07110/09 TUPY, ELLANA 102.00 07110/09 TUPY, HEIDE 222.00 07/10109 TUPY, MARCUS 299.65 07/10%09 WARNER, CAROLYN 362.60 07110/09 WOLFGRAM, MARY 603.15 07110 /09 WOLFGRAM, TERESA 190.43 07/10/09 WOODMAN, ALICE 161.00 07/10109 BOSLEY, CAROL 369.00 07110/09 HOLMGREN, STEPHANIE 68.00 07110/09 LANGER, CHELSEA 141.75 07/10/09 LANGER, KAYLYN 122.50 07/10109 SAVAGE, KAREN 223.25 07/10/09 ZAGER, LINNEA 209.75 07110/09 BEHAN, JAMES 1133.67 07/10/09 CURRAN, JAMES 315.00 07/10109 DOUGLASS, TOM L301.56 07110/09 LONETTI, JAMES 462.00 07110/09 MALONEY, SHAUNA 144.00 07/10109 PRINS, KELLY L220.22 07/10/09 REILLY, MICHAEL 1,861.35 07110/09 SCHOENECKER, KYLE 232.00 07110 /09 VALERIO, TARA 239.25 07/10%09 AICHELE, CRAIG 2,133.83 07/10/09 PRISM, STEVEN 2.32215 07110 /09 WOEHRLE, MATTHEW 2,414.23 07/10/09 BERGO, CHAD 2.574.18 07/10109 FOWLDS, MYCHAL 3,285.88 07/10/09 FRANZEN, NICHOLAS 2,446.20 1007366 07110/09 LONGRIE, DIANA 473.15 1007367 07110/09 STEFFEN, LAINIE 211.50 1007368 07/10109 TAUBMAN, KEVIN 234.00 1007369 07/10109 THOMFORDE. FAITH 150.00 1007370 07110/09 W'ELCHLIN, CABOT 3,064.74 1007371 07110/09 DELPERDANG, CHRISTOPHER 692.50 1007372 07/10109 SHEPARD, JONATHAN 672.50 1007373 07/10%09 DVORAK, ADAM 792.00 1007374 07110/09 OLSON, SCOTT 864.00 1007375 07110/09 PURL, MATTHEW 864.00 1007376 07/10/09 DAMIANI, ROBERT 60.00 1007377 07/10109 FARLEY, JAMIE 429.25 1007378 07110/09 GEBHARD, MADELINE 670.50 1007379 07110/09 GRAVES, CONNIE 162.00 1007380 07/10/09 MALLET, AMANDA 446.00 1007381 07/10109 MARTIN, ARIELLE 303.75 Packet Page Number 196 of 285 1007382 07/10/09 MUELLNER, CHADD 425.25 1007383 07110109 STROM, JON 189.00 1007384 07/10/09 UNGAR, KRISTOPHER 60.00 1007385 07/10109 SIMPSON, JOSEPH 63.94 1007386 07!10109 VUE, FOR PAO 202.00 1007387 07110/09 BRENEMAN, SEAN 424.25 1007388 07110/09 BUESING, DYLAN 106.58 1007389 07/10109 CHASTAN, ADAM 126.79 1007390 07/10109 CRANDALL, KRISTA 87.19 1007391 07110/09 HANSON, MATTHEW 172.19 1007392 07110/09 MCCORMACK, MELISSA 88.20 1007393 07/10109 MCLAURIN, CHRISTOPHER 451.25 1007394 07/10%09 MCMAHON, MELISSA 43.75 1007395 07110/09 MORIS, RACHEL 80.00 1007396 07110 /09 NWANOKWALE, EMMA 23.25 1007397 07/10/09 NWANOKWALE, MORDY 50950 1007398 07/10109 ROGNESS, TRYGGVE 121.50 1007399 07110/09 ROSTRON, ROBERT 392.44 1007400 07110/09 RYDEEN, ARIEL 156.10 1007401 07/10/09 SCHAEFER, JAMES 18498 1007402 07/10109 SCHMIDT, EMILY 433.70 1007403 07/10/09 SCHMIDT, JOHN 278.50 1007404 07110 /09 WALKER, TYLER 47.13 1007405 07/10/09 DANIEL, BREANNA 229.63 1007406 07/10109 GLASS, JENNA 82.25 1007407 07110/09 HER_ KIM 42.58 1007408 07110/09 BOWMAN, MATTHEW 242.55 1007409 07/10109 SCHULZE, KEVIN 510.40 510,370.84 Packet Page Number 197 of 285 Agenda Item M2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Deputy Public Works Director Steve Kummer, Civil Engineer II SUBJECT: Lark - Prosperity Area Street Improvements — City Project 07 -15, Resolution Approving Final Payment and Acceptance of Project DATE: July 20, 2009 INTRODUCTION The contractor, T.A. Schifsky and Sons, Inc., has completed the project improvements. The city council will consider approving the attached resolution for acceptance of the project and approving final payment to the contractor. BACKGROUND On August 27, 2007, the council awarded TA Schifsky and Sons a construction contract for utility and roadway improvements in the amount of $2,494,240.24. With four change orders amounting to $94,111.79, the adjusted contract amount is $2,588,352.03. The total amount earned by the contractor for this project is $2,583,034.15, which is just under the adjusted contract amount. BUDGET The current approved budget for the project is $2,957,910. Including the final contractor payment, the total project cost would be $2,899,150. Once all financial transactions have been completed staff will bring back a final financing plan and recommend closure of the project fund. The following is the current financing plan: City Project 07 -15 (Fund 580) Financing Amount Street Assessments $ 721,260 Storm Sewer Assessments $ 71,650 Sanitary Sewer Utility Fund $ 237,800 Environmental Utility Fund (EUF) $ 403,000 WAC Funds $ 61,500 SPRWS Obligation $ 84,600 Driveway Replacement Program $ 30,000 Harbor Pointe Project Fund $ 8,000 Harbor Point Developer $ 28,000 G. O. Improvement Bond $ 1,312,100 Total $ 2,957,9'10 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Lark - Prosperity Area Street Improvements, City Project 07 -15: Approving Final Payment and Acceptance of Project. Attachments: 1. Resolution 2. Location Map 3. Final Payment Application Packet Page Number 198 of 285 Agenda Item M2 Attachment 1 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 07 -15 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07 -15, the Lark - Prosperity Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Lark - Prosperity Area Street Improvements, City Project 07 -15, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 07 -15 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $2,583,034.15. Final payment to T.A. Schifsky and Sons, Inc., and the release of any retainage or escrow is hereby authorized. Approved this 27 day of July 2009 Packet Page Number 199 of 285 Agenda Item M2 Attachment 2 uIL �ER�A�S :G:::] D R. �� EW AVE �T. WE. Knuckle Head Ecke AVE. � I ARK c� a z v U C� [ �t I Q W _l � Sherwood LLJ RST o Q W z _ CO. D. > B 'E. BURK AVE. U� As Community 'E. 64 �5 Center John Glenn 0 �q TE� �, City Ho// 0 w HARRIS AVE. Q ROSEWOOD AVE. N. z ROSEWOOD RAMSFY C AVE. S NURSING; H FAIR Ca R t j Lark— Prosperity, 07 Maplewood, Minnesota Proposed 2007 Construction Packet Page Number 200 of 285 Agenda Item M2 Attachment 3 F1 Kimley -Horn and Associates, Inc. C D7 TED JUL 9 8 20Q9 *Lapfewood July 7, 2009 Mr. Steven Kummer, P.E. City of Maplewood 1902 East County Road B Maplewood, MN 55109 Re: Engineer's Recommendation for Final Acceptance Lark/Prosperity Area Improvements City Project 07 -15 Dear Mr. Kummer: I have viewed the work under contract for the Lark/Prosperity Area Improvements City Project No. 07 -15 and find that the project has been fully completed in all respects according to the contract. I therefore recommend that the final payment be made from the fund for the improvements to T.A. Schifsky & Sons for the balance of the contract as follows: Contract Price $2,494,240.24 Contract Amendments $ 94,111.79 Contract Amount to Date $2,588,352.03 Final Amount for Work Completed $2,583,034.15 Less Previous Payments $2,570,118.98 Total Due for Final Payment $ 12,915.17 H Suite 345N 2550 University Avenue West S. Paul, Minnesota 55114 Either Kim Benson or I will stop by your office this week to sign the final Application for Payment No. 11. Enclosed with this letter are the Contractor's Affidavit of Release of Liens, Consent to Final Payment, and Contractor's Withholding Affidavits. Please call me if you have any questions or you need any additional information. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. Chadd B. Larson, P.E. Project Manager E TEL 651 645 4197 FAX 651 645 5116 Packet Page Number 201 of 285 Agenda Item M2 Attachment 3 APPLICATION FOR PAYMENT PAYMENT NO. 11 - FINAL Contract: 07 -15 Owner: City of Maplewood Contractor: T.A. Schifsky & Sons, Inc. Project: Lark/Prosperity Street Improvements KHA Job No. 160500023 Application Date: 6/19/2009 For Period Ending: 4/24/2009 Original Contract Amount: $ 2,494,240.24 Contract Amendments: $ 94,111.79 Contract Amount to Date: $ 2,588,352.03 Total Amount of Work Completed to Date: $ 2,583,034.15 Material Stored On -Site but not in Work: $ - Gross Amount Due to Date: $ 2,583,034.15 Less 0.0% Retainage: $ - Amount Due to Date: $ 2,583,034.15 Less Previous Payments: $ 2,570,118.98 Total Due This Application: $ 12,915.17 I hereby certify that all items and amounts shown are correct for the work completed to -date. Contractor: T.A. SCHIFSKY & SONS, INC. By: Y't'1 Date: 2y- 09 The Work on this project and application for payment have been reviewed and the amount shown is recommended for payment. Engineer: KIMLEY -HORN AND ASSOCIATES, INC. B Jh' 4 J J J4 � 1 z_ Date: - 7 APPROVED FOR PAYMENT Owner: CITY OF MAPLEWOOD By: Date: Packet Page Number 202 of 285 Agenda Item M2 Attachment 3 PAYMENT HISTORY Payment Payment Payment Application No. End -Date Date Amount 1 10/31/2007 11/13/2007 $ 820,180.53 2 11/30/2007 12/5/2007 $ 249,978.51 3 12/31/2007 1/23/2008 $ 24, 715.50 4 5/9/2008 5/15/2008 $ 180,378.41 5 6/30/2008 7/2/2008 $ 844,973.89 6 7/31/2008 8/4/2008 $ 178,922.57 7 10/28/2008 1028/2008 $ 77,689.97 8 11/26/2008 11/26/2008 $ 100,461.68 9 12/8/2009 12/8/2008 $ 39,877.97 10 4/9/2009 4/9/2009 $ 52,939.95 11 -Final 4/24/2009 6/19/2009 $ 12,915.17 Total Payments: $ 2,583,034.15 Packet Page Number 203 of 285 Agenda Item M2 Attachment 3 PAYMENT NO. 11 -Final Contract: 07 -15 Owner: CITY OF MAPLEWOOD Contractor: T.A. SCHIFSKY & SONS, INC. Project: LARK/PROSPERITY AREA STREET IMPROVEMENTS KHA Job No. 160500023 Schedule A Description: Sanitary Sewer Improvements Schedule B Description: Watermain Improvements C.P. 07 -15 Packet Page Number 204 of 285 Agenda Item M2 Attachment 3 Schedule C Description: Stamp Sewer Improvements MnIDOT Contract Item No. Number Item Description Unit Quantity Unit Price Amount To -Date Quantity To -Dato Amount 1 2104.501 REMOVE CONCRETE FLUME LF 135 $ 3.09 $ 417.15 131 $ 404.79 2 2104.509 REMOVE MANHOLE OR CATCH BASIN EA 8 $ 272.95 $ 2,183.60 10 $ 2,729.50 3 2104.602 SALVAGE CASTING EA 10 $ 103.00 S 1 7 $ 721.00 4 2104.603 REMOVE SEWER PIPE STORM LF 800 $ 5.97 S 4,776.00 940 $ 5,611.80 5 2105.603 CONSTRUCT DRAINAGE DITCH LF 300 $ 7.21 $ 2,163.00 290 $ 2,090.90 6 2211.607 1.5" TO 2" CLEAR WASHED ROCK (FOR INFILTRATION TRENCHES ) CY 1,400 $ 35.02 S 49,028.00 470.25 $ 16,469.16 7 2451,503 GRANULAR BACKFILL (LV) CY 1,500 $ 5.15 S 7,725.00 256.3 $ 1,319.95 8 2451.609 COARSE FILTER AGGREGATE FOUNDATION TON 500 $ 8.24 $ 4,120.00 77.73 $ 640.50 9 2501.515 15" RC PIPE APRON AND TRASH GUARD EA 5 $ 722.03 $ 3,610.15 $ - 10 2501.515 27" RC PIPE APRON AND TRASH GUARD EA 1 $ 1,297.80 $ 1,297 -80 $ - 11 2501.515 30" RC PIPE APRON AND TRASH GUARD EA 1 $ 1,645.00 S 1,648.00 $ - 12 2502.521 4" PE PIPE DRAIN WITH TYPE 1 GEOTEXTILE SOCK LF 1,500 $ 6.18 S 9,270.00 1,863 $ 11,513.34 13 2502.602 CONNECT TO EXISTING STORM SEWER STRUCTURE EA 4 $ 272.95 S 1 5 $ 1,364.75 14 2502.602 CONSTRUCT DRAINAGE STRUCTURE OVER EXISTING PIPE EA 1 S 412.00 S 412.00 1 $ 412.00 15 2503.541 12" RC PIPE SEWER, CLASS V, DESIGN 3006 LF 1 $ 2535 $ 31,234.75 1,123 $ 28,917.25 16 2503.541 15" RC PIPE SEWER, CLASS V, DESIGN 3006 LF 2 $ 27.21 $ 64,62175 2,804 $ 76,296.84 17 2503.541 18" RC PIPE SEWER, CLASS III, DESIGN 3006 LF 252 $ 29.44 S 7,418.88 375 $ 11,040.00 2503.541 24" RC PIPE SEWER, CLASS III DESIGN 3006 LF 119 $ 33.89 $ 4,032.91 320 $ 10,844.80 2503.541 27" RC PIPE SEWER CLASS III DESIGN 3006 LF 214 $ 42.23 $ 9,037.22 $ - P 20 2503.541 30" RC PIPE SEWER CLASS 111 DESIGN 3006 LF 296 $ 46.87 $ 13,873.52 409 $ 19,169.83 2503.603 15" HOPE PERFORATED PIPE SEWER (WIGEOTEXTILE FABRIC ) LF 429 $ 26.78 $ 11488.62 $ - 22 2503.603 18" HOPE PERFORATED PIPE SEWER (WI GEOTEXTILE FABRIC ) LF 895 $ 28.84 $ 25 811.80 622 $ 17,938.48 23 2506.602 CONSTRUCT DRAINAGE STRUCTURE 2'X3' BOX EA 20 S 25,506.40 21 $ 26,781.72 24 2506.602 CONSTRUCT DRAINAGE STRUCTURE 48" DIAMETER EA 42 1,419.34 $ 59,612.28 51 $ 72,386.34 25 2506.602 CONSTRUCT DRAINAGE STRUCTURE 60" DIAMETER EA 3 r$1,275.32 1,987.90 $ 5,963.70 2 S 3,975.80 26 2506.602 FURNISH AND INSTALL R- 3067 -V CASTING FOR EXISTING STORM STRUCTURE EA 2 370.80 $ 741.60 2 S 741.60 27 25066602 18 "AREA DRAIN EA 1 S 1,442.00 $ 1,442.00 $ - 28 2511.501 RANDOM RIPRAP CLASS III CY 50 $ 69.01 $ 3,450.50 31.85 $ 2,197.97 29 2511.511 GRANULAR FILTER CY 15 $ 16 48 $ 247.20 28 $ 461.44 30 2575.602 RAIN GARDEN PREPARATION (EXCAVATION, ROCK SUMPS, FABRIC AND MULCH ) (8'x16' EA 11 $ 803.40 $ 8,837.40 14 $ 11,247,60 31 2575.602 RAIN GARDEN PREPARATION (EXCAVATION, ROCK SUMPS, FABRIC AND MULCH 10'x20' EA 6 $ 1,236.00 $ 7416.00 9 $ 11,124.00 32 2575.602 RAIN GARDEN PREPARATION (EXCAVATION, ROCK SUMPS, FABRIC AND MULCH ) (12'x24' EA 3 1,545.00 $ 4,635.00 3 $ 4,635.00 33 2575.602 RAIN GARDEN PREPARATION (EXCAVATION, ROCK SUMPS, FABRIC AND MULCH - CUSTOM GARDEN NO. 1 EA 1 $ 16 737.50 S 16 737.50 $ - 34 2575.602 RAIN GARDEN PREPARATION (EXCAVATION, ROCK SUMPS. FABRIC AND MULCH - CUSTOM GARDEN NO. 2 EA 1 $ 8,652.00 S 8,652.00 1 $ 8,652.00 Schedule C Subtotal: $ 399,535.53 $ 349,687.34 C.P. 07 -15 Packet Page Number 205 of 285 Agenda Item M2 Attachment 3 Schedule D Description: Roadway Irnprovements Mn /DOT Contract 1 2021.501 MOBILIZATION LS 1 $ 67000.00 $ 67000.00 2 2101.501 CLEARING ACRE 0.25 $ 8 240.00 $ 2.060.00 3 2101.502 CLEARING TREE 10 $ 128.75 1.287.50 4 2101.506 GRUBBING ACRE 0.25 $ 1030.00 S 257.50 5 2101.507 GRUBBING TREE 10 $ 103.00 $ 1,030.00 6 2104.501 REMOVE CONCRETE CURB AND GUTTER LF 950 $ 2.06 $ 1,957.00 7 2104.501 REMOVE FENCE LF 100 $ 3.09 $ 309.00 8 2104.513 SAWING CONCRETE PAVEMENT- FULL DEPTH ROADWAY ONLY LF 200 $ 109 $ 618.00 9 2104,513 SAWING BITUMINOUS PAVEMENT - FULL DEPTH ROADWAY ONLY LF 1,050 $ 2.06 $ 2163.00 2104,521 SALVAGE FENCE LF 75 $ 5.15 S 38625 2104.522 SELECT GRANULAR BORROW P CY 9,083 $ 9.27 S 84 199.41 r 12 2104.522 SELECT GRANULAR BORROW FOR CORRECTION CV CY 3,000 $ 9.27 S 27,810.00 2104.603 SAWING CONCRETE DRIVEWAY PAVEMENT (PRIVATE) - FULL DEPTH LF 120 $ 3.09 $ 370.80 2104.603 SAWING BITUMINOUS DRIVEWAY PAVEMENT (PRIVATE) - FULL DEPTH LF 280 $ 2.06 $ 576.80 15 2104.604 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 1,350 $ 2.06 $ 2781.00 16 2104.604 REMOVE CONCRETE DRIVEWAY PAVEMENT PRIVATE SY 270 $ 7.21 $ 1 17 2104.604 REMOVE CONCRETE ROADWAY PAVEMENT SY 150 $ 2.58 $ 387.00 18 2104.604 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 2,800 $ 2.06 $ 5,768.00 19 2104.604 REMOVE BITUMINOUS DRIVEWAY PAVEMENT PRIVATE SY 625 $ 4.12 $ 2,575.00 20 2104.604 REMOVE BITUMINOUS ROADWAY PAVEMENT SY 32,000 $ 1.34 5 42,880.00 21 21044618 REMOVE CONCRETE WALK SF 650 S 1.03 S 669450 22 2104.618 REMOVE CONCRETE WALK PRIVATE SF 300 $ 1.03 $ 309.00 23 21041618 SALVAGE RETAINING WALL (STONE, BLOCK, CONCRETE TIMBER SF 150 $ 5.15 S 772.50 24 2105.526 TOPSOIL BORROW P CY 1,766 $ 12.67 $ 22,375.22 25 2105.526 TOPSOIL BORROW CV FOR PRIVATE DRIVEWAYS CY 30 $ 12.67 $ 380.10 26 2105.604 GEOTEXTILE FABRIC, TYPE V SY 6,800 $ 1.75 $ 11,900.00 2105.607 COMMON EXCAVATION P CY 29,215 $ 8.74 $ 237,810.10 2105.607 COMMON EXCAVATION FOR WIDENING /ADD -ON PRIVATE DRIVEWAYS EV CY 10 $ 10.30 S 103.00 21054607 SUDGRADE EXCAVATION P CY 9 083 $ 8.14 5 73,935.62 2105.607 ADDITIONAL SUBGRADE EXCAVATION EV CY 3,000 $ 8.14 $ 24,420.00 2105.607 SUBGRADE EXCAVATION (EV) (FOR PRIVATE DRIVEWAYS CY 30 5 8.14 S 244.20 r35 2123.601 BID ALLOWANCE - EQUIPMENT RENTAL LS 1 $ 3 811.00 $ 3,811.00 2123.610 STREET SWEEPER WITH PICKUP BROOM HR 40 $ 123.60 $ 4,944.00 34 2130.501 WATER FOR DUST CONTROL MGAL 100 $ 20 S 2,06000 2130.606 WATER FOR SOD MGA 100 $ 30.90 $ 3,090.00 2211.604 AGGREGATE BASE CL. 5- GRAVEL DRIVEWAY -6" DEPTH SY 225 $ 9.27 $ 2,085.75 37 2211.609 AGGREGATE BASE CLASS 6 TON 11,500 $ 10.03 I S 115,345.00 38 2211.609 CLAS AGGREGATE BASE S 6 PRIVATE DRIVEWAY TON 25 $ 15.45 $ 386.25 C.P. 07 -15 To -Date 1 $ 67,000.00 0.26 $ 2,142.40 10 $ 1,287.50 0.26 $ 267.80 10 $ 1,030.00 883 $ 1,818.98 37 $ 114.33 482 5 992.92 9,083 $ 84,199.41 3,023 $ 28,023.21 1,161.6 $ 2,392.90 41.7 $ 300.66 134 $ 34532 1,909 $ 3,932.54 550.6 $ 2,268.47 32,000 $ 42,880.00 162 $ 166.86 18.67 $ 96.15 1,484 $ 18,802.28 5,044 $ 8,827.00 29,215 $ 237,810.10 11 $ 113.30 9,083 $ 73,935.62 4,432 $ 36,076.48 0.95 $ 3,620.45 55.5 $ 6,859.80 168 $ 3,460.80 344 $ 10,629.60 21,099.98 $ 211,632.80 25 $ 386.25 Packet Page Number 206 of 285 Agenda Item M2 Attachment 3 G.P. 07 -15 Packet Page Number 207 of 285 Agenda Item M2 Attachment 3 Schedule E Description: Kenwood Area Sanitary Sewer Lining Improvements MnIDOT Contract Item No. Number Item Description Unit QuantI i I CURED -IN- PLACE -PIPE LINING (8" SANITARY SEWER)__ LF 4,385 Schedule E Subtotal: Schedule F Description: Additional Driveways (Plan Sheet 44) C.P. 07 -15 To -Date Quantity To -Date Amount 4,256 $ 131,936.00 $ 131,936.00 Packet Page Number 208 of 285 Bid Alternate No. 1 Description: Maplewood Public Works Parking Lot Improvements Bid Alternate No.2 Description: Maplewood City Hall Parking Lot Improvements MnIDOT Contract To -Date Item No. Number Item Description Unit Quantity Unit Price Amount Quantity To.Dale Amount f 2104.505 UITUMINOUS PAVEMENT R ECLAMATION SY 9,600 $ 0.77 $ 7,392.00 8,590 $ 6,614.30 2 2104.5}3 SAWING BITUMINOUS PAVEMENT {FULL.DEPTH LF 24 $ 3.09 S 74.16 24 $ 74.16 Agenda Item M2 Attachment 3 DELETED C.P. 0] -15 Bid Alternate No.4 Subtotal: DELETED Packet Page Number 209 of 285 Bid Alternate No. 3 Description: Maplewood Community Center Parking Lot Improvements Bid Alternate No. 4 Description: 2008 Construction Mn /DOT Contract To -Date Item No. Number Item Description Uni Quantity Unit Price Amount I Quantity To -Date Amount Agenda Item M2 Attachment 3 Schedule CO2 Description: Change Order #2 (Harbor Point) Schedule CO3 Description: Change Order #3 Schedule C04 Description: Change Order #4 Contract: 07 -15 Owner: CITY OF MAPLEWOOD C.P. 07 -15 Packet Page Number 210 of 285 Bid Alternate No. 5 Description: Substitute HOPE for RC Pipe Storm Sewer Agenda Item M2 Attachment 3 Project: LARK/PROSPERITY AREA STREET IMPROVEMENTS Schedule Description Amount To -Date Amount A Sanitary Sewer Improvements S 50,826.46 $ 43,784.30 B Walennain Improvements $ 14,054.35 S 21,180.51 C Storm Sewer Improvements $ 399 535.53 S 349 D Roadway Improvements S 1,470783.40 $ 1,524,513.63 E Kenwood Area Sanitary Sewer Lining Improvements S 135,935.00 $ 131,936.00 F Additional Driveways (Plan Sheet 44) S 6,035.09 $ 6,229.25 Total Base Bid Amount: .03 Bid Alternate Description Amount To -Date Amount 1 Maplewood Public Works Parking Lot Improvements $ 145 551.80 $ 136,000.75 2 Maplewood City Hall Parking Lot Improvements S 122 1 $ 134 230.62 3 Maplewood Community Center Parking Lot Improvements 115 320.83 S 112,466.29 4 2008 Construction DELETED DELETED 5 Cost Difference from RCP to HDPE Pipe for all Storm Sewer $ 18,324.73 $ (23,038.33; Change Orders Description Amount To -Date Amount 2 Change Order 92 (Harbor Point) $ 35 960.00 $ 35,960.00 3 Change Order #3 $ 56 874.99 $ 58,874.99 4 Change Order 44 $ 51188.80 S 51,188.80 Total Contract Amount: G.P. 07.15 Packet Page Number 211 of 285 Agenda Item M3 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Deputy Public Works Director Steve Kummer, Civil Engineer II SUBJECT: Desoto- Skillman Area Street Improvements — City Project 06 -16, Resolution Approving Final Payment and Acceptance of Project DATE: July 20, 2009 INTRODUCTION The contractor, T.A. Schifsky and Sons, Inc., has completed the project improvements. The city council will consider approving the attached resolution for acceptance of the project and approving final payment to the contractor. BACKGROUND On May 14, 2007, the council awarded TA Schifsky and Sons a construction contract for utility and roadway improvements in the amount of $3,097,587.90. Five change orders amounting to a total of $225,701.34 increased the overall contract amount to $3,323,289.24. The total amount earned by the contractor for this project is $3,323,220.61, which is just under the adjusted contract amount. BUDGET The current approved budget for the project is $5,397,500.00. Including the final contractor payment, the total project cost would be $5,124,461.62. Once all financial transactions have been completed staff will bring back a final financing plan and recommend closure of the project fund. The following is the current financing plan: City Project 07 -15 (Fund 580) Financing Amount Street Assessments $ 1,626,500 Storm Sewer Assessments $ 209,500 Municipal State Aid $ 1,597,100 G.O. Debt Service $ 1,146,000 Sanitary Sewer Utility Fund $ 239,400 Environmental Utility Fund (EUF) $ 292,000 WAC Funds $ 80,000 SPRWS Obligation $ 147,000 Driveway Replacement Program $ 60,000 Total $ 5,397,500 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Desoto - Skillman Area Street Improvements, City Project 06 -16: Approving Final Payment and Acceptance of Project. Attachments: 1. Resolution 2. Location Map 3. Final Payment Application Packet Page Number 212 of 285 Agenda Item M3 Attachment 1 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 06 -16 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06 -16, the Desoto - Skillman Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Desoto - Skillman Area Street Improvements, City Project 06 -16, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 06 -16 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $3,323,220.61. Final payment to T.A. Schifsky and Sons, Inc., and the release of any retainage or escrow is hereby authorized. Approved this 27 day of July 2009 Packet Page Number 213 of 285 Agenda Item IM3 Attachment 2 0 < L UO Cn U) < III V) n Cn � to ry n ELD RIDGE AV E. M C_ z 0 ehrline C _ < BELMONT f) LN. Cf) 0 Lake Cn SKILLMAN AVE. 3 �� SKILL F_ F_ z to 0 CD 0 ct� ry :2 < W Li I UJ < n F ry 0 u'AVE. n M 0 E RM LLJ LLi CL < M Cf) n 7 MT VERNON AVE. Ed 1 Li LJJ < _J gerton LJJ 0 0 OENJES 2 T J� Roselawn Park < 1,1 ry n Cn I PL ZZ Park AVE. As n 1 U) < f — AVE. BEL LWOOD As AVE. BELLWO( E. LU C/) SUMMER SUMMER LN. r-) ry CT. Lij z t U) Q:� C/� �- SU MER D — U Western �7 PL. PL. M < RIP LEY H ills Cf) D F_� >_ AVE. Cn Cn P--: P--: Li � , T E\NAY U� U� RIPLEY AVE. G < 4 (f) CD ry Cn > D z ry M K I N GSTO N < AVE. F 0 3: Li 0- :�i V W Id Cn z AVE. Cn PRICE < < --D bi U R AVE. n I T 35E' 0 - PROPOSED STREET IMPROVEMENT NO SCALE J Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 Packet Page Number 214 of 8,' ILL Agenda Item M3 Attachment 3 Kimley -Horn and Associates, Inc. July 16, 2009 Suite 345N Mr. Steven Kummer P.E. 2550 University Avenue West City of Maplewood St. Paul, Minnesota 1902 East County Road B 55114 Maplewood, MN 55109 Re: Engineer's Recommendation for Final Acceptance Desoto - Skillman Area Street Improvements City Project 06 -16 Dear Mr. Kummer: I have viewed the work under contract for the Desoto - Skillman Area Street Improvements City Project No. 06 -16 and find that the project has been fully completed in all respects according to the contract. I therefore recommend that the final payment be made from the fund for the improvements to T.A. Schifsky & Sons for the balance of the contract as follows: Contract Price $3,097,587.90 Contract Amendments $ 225,701.34 Contract Amount to Date $3,323,289.24 Final Amount for Work Completed $3,323,220.61 Less Previous Payments $3,289,988.40 Total Due for Final Payment $ 33,232.21 I will stop by your office on Friday to sign the final Application for Payment (No. 12). Enclosed with this letter are the Contractor's Withholding Affidavits. I will review the Contractor's Affidavit of Release of Liens and Consent to Final Payment paperwork that the contractor delivered to your office when I sign the payment application. Please call me if you have any questions or you need any additional information. Sincerely, K MLEY -HORN AND ASSOCIATES, INC. z� A�_ Chadd B. Larson, P.E. Project Manager 0 TEL 651 645 4197 FAX 651 645 5116. Packet Page Number 215 of 285 Agenda Item M3 Attachment 3 APPLICATION FOR PAYMENT PAYMENT NO. 12 (FINAL) Contract: 06 -16 Owner: City of Maplewood Contractor: T.A. Schifsky and Sons Inc. Project: Desoto - Skillman Area Street Improvements KHA Job No. 160500022.2.800 Application Date: 7/912009 For Period Ending: 6/3012009 Original Contract Amount: $ 3,097,587.90 Contract Amendments: $ 225,701.34 Contract Amount to Date: $ 3,323,289.24 Total Amount of Work Completed to Date: $ 3,323,220.61 Material Stored On -Site but not in Work: $ - Gross Amount Due to Date: $ 3,323,220.61 Less 0.00% Retainage: $ - Amount Due to Date: $ 3,323,220.61 Less Previous Payments: $ 3,289,988.40 Total Due This Application: $ 33,232.21 1 hereby certify that all items and amounts shown are correct for the work completed to -date. Contractor: T.A. Schifsky and Sons, Inc. By: M 1A 71)Ct5 Date: - - 09 The Work on this project and application for payment have been reviewed and the amount shown is recommended for payment. Engineer: KIMLEY -HORN AND ASSOCIATES, INC. B : Date: APPROVED FOR PAYMENT Owner: CITY OF MAPLEWOOD By: Date: Packet Page Number 216 of 285 Agenda Item M3 Attachment 3. PAYMENT HISTORY Payment Payment End- Payment Application No. Date Date Amount 1 6/15/2007 7/2/2007 $ 275,476.66 2 7/20/2007 8/9/2007 $ 377,398.75 3 8/1512007 8122/2007 $ 441,640.54 4 9/1512007 9/20/2007 $ 654,905.85 5 10/15/2007 10/19/2007 $ 512,225.79 6 11121/2007 12/3/2007 $ 497,904.26 7 12/15/2007 1/16/2008 $ 304,299.61 8 2/4/2008 2/25/2008 $ 43,808.56 9 7/18/2008 7/18/2008 $ 44,128.65 10 8/8/2008 8/8/2008 $ 69,236.96 11 5/31/2009 6/4/2009 $ 68,962.77 12 6/30/2009 7/9/2009 $ 33,232.21 Total Payments: $ 3,323,220.61 Packet Page Number 217 of 285 Agenda Item M3 Attachment 3 PAYMENT NO. 12 (FINAL) Contract: 06 -16 Owner: CITY OFMAPLEWOOD Project: DESOTO•SKILLMAN AREA STREET IMPROVEMENTS KHA Job No. 160500022 Schedule: A Description: Description: SANITARY SEWER IMPROVEMENTS ty UnitPrice Mn/DOT Contra Item No. No. Item Description Unit Quanll 1 2104.501 REMOVE SEWER PIPE (SANITARY SERVICE PIPE) LF 2 2104.501 REMOVE SEWER PIPE (SANITARY) LF 3 2104.523 SALVAGE CASTING EA 4 2451.503 GRANULAR BACKFILL(LV) CY 5 2451,609 COARSE FILTERAGGREGATE FOUNDATION TN 1 6 2503.511 8" PVC PIPE SEWER, SDR 35 LF 7 2503.511 6" PVC PIPE SEWER, SCH 40 LF 8 2503.601 SANITARY SEWER BYPASS EA 9 2503.602 DISCONNECT AND RECONNECT EXISTING SS SERVICE EA 10 2503.602 8"X 6" PVC WYE EA 11 2503.602 ADJUST / INSTALL FURNISHED CASTING (SANITARY SEWER) EA 12 2503.602 CONNECT TO EXISTING SANITARY SEWER EA 13 2504.603 RECONSTRUCT SANITARY SEWER MANHOLE EA 14 2506.522 ADJUST FRAME AND RING CASTING (SAN) EA $1,886.86 16 Schedule A Subt et B Description: To -Date To -Date ty UnitPrice Amount Quantity Amount 280 $6.39 $1,789.20 475 $3,035.25 545 $6.39 $3,482.55 409 $2,613.51 46 $185.40 $8,528.40 34 $6,303.60 400 $8.13 33,252.00 79 $642.27 .000 $5.41 $5,490.00 95 5513,95 420 $19.64 $8,248.80 409 $B 600 $23.32 $13,992.00 475 511,077.00 2 $9750 $1,951.76 1 5975.88 13 $235.86 $3,066.18 8 $1,886.86 16 $67.00 $1,072.00 8 5536.00 36 $458.35 $16,500.60 37 $16,958.95 4 $353.56 $1,414.24 5 $1,767,80 1 $250.02 $250.02 81 $20,251.62 19 $226.60 $4,305,40 0 $0.00 otai: WATERMAIN UTILITY SERVICE TRENCH (EXCAVATE AND $73 $1,407.97 $74,595.47 Schedule: B Description: ROADWAY IMPROVEMENTS Quantity MnIDOT Item No. No. Description: WATERMAIN IMPROVEMENTS 2 21Df.506 GRUBBING EA 1 $639.34 $639.34 1 $639.34 EA Contract $290.86 $872.58 To -Date To -Date Item No. MNDOT No. Item Descriptlon Unit Quantity Unit Price Amount Quantity 53 Amount 56,550.80 1 2504.602 ADJUST GATE VALVE EA 44 $123.60 $82.40 55,438.40 $741.60 4 $329.60 2 2504,602 ADJUST CURB STOP EA EA 9 2 $456.81 $913.62 4 $1,827.24 3 2504.602 WATER UTILITY HOLE (EXCAVATE AND BACKFILL) $27.52 7 $426,36 $2,984.66 ti $4.690.18 4 2504.602 WATER SERVICE UTILITY HOLE (EXCAVATE AND BACKFILL) EA $20,410.20 LF S9,WA0 0 5 5 2504.603 PIPE BEDDING FOR WATERMAIN PIPE (PER CTYSTO PLATE 540) CY 1,840 $5,41 $10,359,12 1729 $28,424.76 6 2504.603 WATERMAIN UTILITY MAIN TRENCH (EXCAVATE AND BACKFILL) LF 1,040 $16.44 517,097.60 LS 1 $1,407.97 WATERMAIN UTILITY SERVICE TRENCH (EXCAVATE AND 1 $1,407.97 $16.44 $13,152.00 364 $5,984.16 7 2504.803 BACKFILL) LF 600 $458.35 $6,875.25 14 $6,416.90 EA OR SERVICE CROSSING Sy 100 $12.36 $1,236.00 219 $2,706.84 6 2504.604 F &I 2" RIGID INSULATION ® WATERMAIN 13 $7,039.76 EA 1 $406,85 $406.86 Schedule B Subtotal: Schedule: C Description: STORM SEWER IMPROVEMENTS Mn(DOT Item No. No. Item Description 1 2104.501 REMOVE SEWER PIPE (STORM) 2 2104,509 REMOVE FLAP GATE 3 2104.509 REMOVE DRAINAGE STRUCTURE 4 2104.523 SALVAGE CASTING 5 2601.515 18" RC PIPE APRON AND TRASH GUARD 6 2501.515 15" RC PIPE APRON AND TRASH GUARD 7 2502.541 4" PERF PE PIPE DRAIN W/ SOCK 8 2503.511 1Z" RC PIPE SEWER DESIGN 3006 CLASS V 9 2503.511 15" RC PIPE SEWER DESIGN 3006 CLASS V 10 2503.511 18" RC PIPE SEWER DESIGN 3006 CLASS III 11 2506.602 CONSTRUCT DRAINAGE STRUCTURE (2'x3' BOX) 12 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 13 2506.601 INSTALL 8" GATE VALVE (STORM SEWER) CONNECT TO EX DRAINAGE STRUCTURE (MH, CBMH OR BUILD 14 2506.602 OVER EX PIPE 15 2506,602 F &I NEENAH R-1 678-A CASTING AND R -1422 STORM LID 16 2506.602 F &I NEENAH R- 3067 -V CASTING FOR 2X3 CATCH BASIN 17 2506.602 F &I NEENAH R- 3070 -V CASTING FOR ROUND CATCH BASIN 18 2508.602 F &I NEENAH R4342 CASTING 19 2506.602 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 20 2511.501 RANDOM RIPRAP CLASS BI 21 2511.501 RANDOM RIPRAP CLASS IV 22 2511.515 GEOTEXTILE FILTER FABRIC TYPE V Schedule: D Description: ROADWAY IMPROVEMENTS Quantity MnIDOT Item No. No. 1 2021.501 MOBILIZATION 2 21Df.506 GRUBBING Item Description Unit Quantity Unit Price Amount Quantity Amount LF 120 $12.78 $1,533.60 676 68,63928 EA 1 $639.34 $639.34 1 $639.34 EA 3 $290.86 $872.58 9 $2,617.74 EA 27 $159.65 $4,310.55 36 $5,747.40 EA 2 $825.93 $1,651.86 1 $825.93 EA 1 $760.86 $760.86 1 $760.86 LF 1,180 $3.19 $3,76420 1838 $5,663.22 LF 330 $27.52 $9,081.60 454 $12,494.08 LF 610 $29.58 $18,043.80 690 $20,410.20 LF 240 $31.01 $7,442.40 137 $4,248.37 EA 8 $1,294,89 $10,359,12 11 $14,243.79 EA 11 $1,682.91 $18,512.01 14 $23,560,74 LS 1 $1,407.97 $1,407.97 1 $1,407.97 EA 3 $482.47 $1,447.41 8 $3,859,76 EA 15 $458.35 $6,875.25 14 $6,416.90 EA 3 $576.80 $1,730.40 10 $5,768.00 EA 8 $541.52 $4,332.16 13 $7,039.76 EA 1 $406,85 $406.86 0 $0.00 EA 1 $1,702.43 $1,702.43 0 $0.00 CY 18 $75.22 $1,353.96 16 51,203.52 CY 80 $76.34 64,580.40 62 $4,733.08 Sy 25 $4.32 $108.00 111 $479.52 Schedule C Contract TO-Date 70 -Date Unit Quantity Un1tPr)ce Amount Quantity Amount LS 1 $45,000.00 $45,000,00 1 $45,000.00 ACRE 025 $4,120.00 Sf,030.00 0.25 $1.030.00 Packet Page Number 218 of 285 Agenda Item M3 Attachment 3 Packet Page Number 219 of 285 TREE 11 $257.50 $2,832.50 16 $4,120.00 3 2101.507 GRUBBING LF 6,435 $1.85 $11,904.75 6041 $11,175.85 4 2104.501 REMOVE CONCRETE CURB AND GUTTER SF 690 51.03 $710.70 871 $897.13 5 2104.518 REMOVE CONCRETE WALK BY 1,900 $2.06 $3,914.00 1952 $4,021.12 6 2104.503 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 300 $7.21 $2,163.00 493 $3,554.53 7 2104.503 REMOVE BITUMINOUS DRIVEWAY PAVEMENT - PRIVATE SY 760 $2.06 $1,565.60 927 $1,909.62 8 2104.503 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 125 57.25 $90125 73 $526.33 9 2104.503 REMOVE CONCRETE DRIVEWAY PAVEMENT - PRIVATE SY 39,000 $1.29 $50,310.00 37538 $48,424.02 10 2104.505 REMOVE BITUMINOUS ROADWAY PAVEMENT 1 $515.00 $515.00 1 $515.00 11 2104.609 REMOVE PLANTER EA SAWING BITUMINOUS PAVEMENT (FULL - DEPTH) (ROADWAYS 775 $2.00 $1 726 $1,45200 12 13 2104.513 ONLY) 2104.521 SALVAGE FENCE (CHAIN LINK, WOOD OR PVC) LF LF 45 $.76 $231 .00 5231 56 $288.40 59,446.13 14 2104.618 SALVAGE RETAINING WALL (BLOCK, WOOD, CONC, TIMBER) SF 160 $9927 27 $1,48 9019 19540 $,906.20 15 2105.501 COMMON EXCAVATION (P) CY CY 22,589 6,000 $8.03 $8.34 $161,3899 .67 $50,040.00 3960 533,026.40 $33 16 2105.507 SUBGRADE EXCAVATION (EV) CY 0 $9.27 $0.00 0 $0.00 17 2105.522 ADDITIONAL SELECT GRANULAR BORROW (CV) CY 6,620 $9.27 $61,367.40 3115 $28,876-05 18 2105.522 SELECT GRANULAR BORROW (CV) SY 7,900 $1.91 $ 124 $$23236.84 19 2105.604 GEOTEXTILE FABRIC TYPE V HR 0 $95.00 $ $4 ,089.00 4,750.00 40 $3,800.00 20 2123.610 STREET SWEEPER (WITH PICKUP BROOM) MGAL 200 $20.00 $4,000.00 941 $18,820.00 21 21 30.501 WATER FOR DUST CONTROL TON TON 24,000 $ $241,200.00 22318 $22 22 2211.601 AGGREGATE BASE GLASS 6 2211.604 AGGREGATE BASE CLASS 5• GRAVEL DRIVEWAY -6' THICK SY 400 $6.00 $2,400.00 98 $588 .90 $606.06 $4,60625 23 24 2232.603 MILL AND MATCH BITUMINOUS PAVEMENT -4' WIDE LF 775 $6.25 $1.65 $4,843.75 $33,000.00 737 15150 524,997.50 25 2331.603 BITUMINOUS JOINT SAW AND SEAL LF TON 20, 3,600 $45.00 $162,000.00 3752 $168,840.00 26 2350.501 TYPE MV4 WEARING COURSE (B) TON 4,800 $45.00 $ 4808 5 27 2350.502 TYPE MV3-NON-WEARING COURSE (B) SY 2,100 $10.50 22,050.00 522 4573 548,016.50 28 2350.603 TYPE LV4 WEARING COURSE 3" THICK. DRIVEWAY (L) 300 $22.00 $6,600.00 1083 $23,826.00 29 2350.603 TYPE LV4 WEARING COURSE 3' THICK- DRIVEWAY (L) PRIVATE SY $2.10 $4,830.00 2165 $4,546.50 30 2357.602 BITUMINOUS MATERIAL FOR TACK COAT GAL SF 2,300 2,000 $ 54 0.00 4218 $92.964.72 31 2411.618 MODULAR BLOCK RETAINING WALL CY 100 9 .04 $ 59.00 900.00 $90 $ 73 $657.00 32 2451.507 GRANULAR BACKFILL SF 750 $4.90 $3,675.00 $5,287.10 33 2521.601 4' CONCRETE WALK LF 12,000 $8.33 $.00 2359 12359 31 34 2531.501 CONCRETE CURB AND GUTTER, DESIGN 8618 SY 135 $41.60 $55350 $5,535. 208 $8,528.00 35 2531.507 8' CONCRETE DRIVEWAY APRON-COMMERCIAL BY 840 $37.69 $31,659.660 664 $21,2 .16 36 2531.507 6' CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL 1 $650.00 $650.00 0 $0.00 $0 37 2531.802 PEDESTRIAN CURB RAMP (TYPE A - TRUNCATED DOME -RED) FA $15.74 $30299.50 2536 $39,916.64 38 2531.603 CONCRETE CURB AND GUTTER, 3618,56`12 SPOT REPLACEMENT LF 1,925 $40.80 $5,100.00 230 $9,384.00 39 2532.507 6" CONCRETE DRIVEWAY PAVEMENT PRIVATE SY 125 115 $8.00 $920.00 155 $1,240.00 40 2535.501 BITUMINOUS CURB FURNISH AND INSTALL MAILBOX SUPPORT (DOUBLE) LF EA 1 4 $175.00 $2,450. 00 0 0 $0.00 $0.00 41 42 2540.6D2 2540.602 FURNISH AND INSTALL MAILBOX SUPPORT (SINGLE) EA 7 $125.00 $875.00 $1,125.00 24 $1,600.00 43 2540.602 INSTALL MAILBOX SUPPORT (SALVAGED) EA 15 10 1 $75.00 3 1 44 2557.603 INSTALL SALVAGED FENCE (CHAIN LINK, PVC OR WOOD) $5,150.00 $5,1 0.00 $6,150.00 45 2563.601 TRAFFIC CONTROL LS TREE 11 $309.00 $3,399.00 0 $0.00 48 2571.502 DECIDUOUS TREE -2" B & B LS 1 $20800 $208.00 1 $206.00 47 2571.601 TRANSPLANT SHRUB (LILACS ON DESOTOy LF 8,000 51.80 $10,800.00 2023 ,641.40 48 2573.502 SILT FENCE, TYPE HEAVY DUTY EA 40 $1.80 $6,592.00 46 $ 577 49 2573.530 INLET PROTECTION LF 190 $2 ,580.85 $256H.15 .99 $ $ 75 522425 50 2573.540 FILTER LOG, TYPE STRAW BK)ROLL LS 1 $7,500.00 $7,500.00 1 $7,500.00 51 2573.601 EROSION CONTROL, CONTRACTOR'S PLAN (112% MIN) SY 10,000 $2,02 $20,200.00 18563 $37,49728 52 2575.505 SODDING, TYPE LAWN SY 1,000 $1.63 $1,630.00 1594 $ 598.22 53 2575.523 EROSION CONTROL BLANKET, CATEGORY N LBS 120 $0.60 572.00 91fi $ 3 549.60 54 2575. FERTILIZERTYPE1(200LBS /ACRE) 532 SY 1,200 $2.58 $3,096.00 159 4 $4,112.52 55 2575.604 TURF ESTABLISHMENT- W1 SEED MIX 350 (100 LBS/ACRE) 1 $20,000.00 $20.000.00 1 $25.000.00 56 2123.601 BID ALLOWANCE - EQUIPMENT RENTAL LS Schedule D Subtotal: 1 $1,440,913.77 $1463,327.41 Schedule: E Description: RAIN WATER GARDENS To-Date To -Date Contract Item No. MrJ00T No. Item Description Unit Quantity 470 Unit Price 510.30 Amount $4,641.00 Quantity 245 Amount $2,523.50 1 2105.615 UNCLASSIFIED EXCAVATION CY SF 100 $22.66 $2,266.00 277 $6,276.82 2 2411.618 MODULAR BLOCK RETAINING WALL - CHI LTON STONE 65 12.36 $1 66 $615.76 3 2502.521 8' NON -PERF PVC PIPE SDR 35 LF 50 $. $12.38 $618 060 5 4 5.40 4 2502.641 8" PERF PVC PIPE SOR 35 EA A 1 $51.50 55151.560 0 1 1 $ 85151.0 5 2503.602 8' PVC TEE EA 2 $422.30 $844.60 2 $844.60 6 2506.602 12' SQUARE ATRIUM GRATE CUSTOM RAIN WATER GARDEN PREP @ VARIOUS LOCATIONS EA 4 $927.00 33,708.00 5 90 $4 ,635.00 $ 7 8 2571,602 2571.802 STANDARD RAIN WATER GARDEN PREP 13 $772.50 $2.06 $ $2,369.00 954 $1,96524 9 2571.603 5' HEAVY PLASTIC EDGING LF LF 1,160 ROCK INFILTRATION SUMP FOR GARDENS WITH TYPE V GEO $27,81 $3,893.40 66 $1,835,46 10 2571.607 FABRIC CY 140 Schedule E Subtotal: I S29,684.60 $27.167.28 Schedule: F Description: MAPLE HILLS DRIVEWAYS Contract To -Date To -Date Mn/DOT No. Item Description Unit Quantity Unit Price Amount Quantity 1 Amount $2,000.00 Item No. LS 1 $2,000.00 $2,000.00 1 2021.501 MOBILIZATION LF 356 $2.06 $733.36 312 5642.72 2 2104.501 REMOVE CONCRETE CURB AND GUTTER SY 60 $4.12 $247.20 118 $486.16 3 2104.603 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 342 $2.58 $862.36 279 $719.82 4 2104.503 REMOVE BITUMINOUS ROADWAY PAVEMENT 16 $6.00 $96.00 16 $96.00 5 2104,511 SAW CONCRETE PAVEMENT (INCLUDES CURB & GUTTER) LF - 122 $2.50 $305.00 122 $305.00 6 2104.513 SAW BITUMINOUS PAVEMENT LF LF 356 $5.00 $1,780.00 157 $785.00 7 2154.603 RELOCATE SPRINKLER SYSTEM CY 215 $8.34 $1,793.10 215 . 5 10 8 2105.01 COMMON EXCAVATION CY 30 512.67 $380.10 17 215.35 $ 3215 9 2105.526 SELECT TOPSOIL BORROW Packet Page Number 219 of 285 Agenda Item M3. Attachment 3 AGGREGATE BASE CLASS 6 FOR DRIVEWAYS, TRAILS AND Schedule F Subtotal; $14.00 $3,080.00 167 $2,338.00 10 2211.501 WALKS MILL BITUMINOUS SURFACE, 1.5" DEPTH ® MINIMUM 18" WIDE TON LF 220 122 $6.25 $762.56 0 $0.00 11 2232,603 2340,521 TYPE 41A BIT. MIX. FORTRAILS /DRIVEWAYS (3" THICKNESS) SY 401 S22.00 $8,822.00 397 $8,734.00 12 13 2531.501 CONCRETEC &G. DESIGN 8618, AND 0412 LF 356 $16.00 $5,696.00 $267.50 312 1 $4,992.00 $257.50 14 2563.601 TRAFFIC CONTROL LS EA 1 2 $257.50 $400.00 $800.00 2 $600.00 15 2573,530 INLET PROTECTION, TYPE F 0 $0.00 2 2101.506 GRUBBING TREE 2.00 comm. FERT., ANALYSIS 20.0- 10110.0 -20 FOR SODDED AREAS W( 5515.00 0 $0.00 3 4 7 $721 16 2575.532 MIX 270 270RT SEED Q 30 LB/AC) LB SY 11 267 $1.03 52.16 $11.33 $576.72 182 $349.92 17 2575.604 SODDING, TYPE LAWN (INCLUDING 215 345 510,65 $6.39 02289.75 $2204.55 330 $2,108.70 6 Packet Page Number 220 of 285 Schedule F Subtotal; BID ALTERNATE NO.1 Contract To -Date To -Date Item No. MND07 No. Item Description Unit Quantity Unit Price Amount 0 6 .00 Quantity 0 Amount $0.00 1 2021.501 MOBILIZATION LS ACRE 1 0.05 $ $216.00 0 $0.00 2 2101.506 GRUBBING TREE 2.00 $2 5515.00 0 $0.00 3 4 2101.507 GRUBBING 2104.501 REMOVE CONCRETE CURB AND GUTTER LF 3,930 $1.98 $7,702.70 3423 255 $6,719.08 $2,715.75 5 2104.501 REMOVE SEWER PIPE (STORM) LF LF 215 345 510,65 $6.39 02289.75 $2204.55 330 $2,108.70 6 2104.501 REMOVE SEWER PIPE (SANITARY) LF 224 $6.39 $1,431.36 446 $2,849.84 7 2104.501 REMOVE SEWER PIPE (SANITARY SERVICE PIPE) SF 5,510 $0.41 $2,259.10 5829 $2,389.89 8 2104.503 REMOVE CONCRETE WALK REMOVE/SALVAGE RETAINING WALL (BLOCK/CONCRETE, STONE 30 $9.27 $278.10 108 $1,001.16 9 2104.503 ORTIMBER) SF SF 25 $4.12 24 998.88 10 2104.503 REMOVE PATIO BLOCKS 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 400 $2,06 52.06 $824.00 $ 444 $914.84 $1,569.72 11 12 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY SY 800 18,520 $2.06 $1.49 $1,648,00 $24,614.80 762 16505 $24,592.45 13 2104.505 REMOVE BITUMINOUS ROADWAY PAVEMENT EA 5 $29,24 $14620 7 $204.66 14 2104.509 REMOVE DRAINAGE STRUCTURE SAWING BITUMINOUS PAVEMENT (FULL DEPTH) (ROADWAYS 495 02.50 $1,237.50 367 0917,50 15 2104.513 ONLY) LF EA 15 $10330 $1,545.00 15 $1,545.00 16 2104.523 SALVAGECASTING CY 11,490 $ 8.34 616 11 3,185,20 ,877.44 $$4,706.58 17 2105.501 COMMON EXCAVATION (P) CY 2,780 $8.34 $23,826.60 $2 564 $4 18 2105,507 SUBGRADE EXCAVATION (EV) CY 370 $ 03,811.00 128 $2,318.40 19 2105.515 UNCLASSIFIED EXCAVATION CY 3,500 $9.27 032,445.00 3500 $32,445.00 20 2105.522 SELECT GRANULAR BORROW (CV)) CY 2,780 $9.27 $25,770.60 2523 523,388.21 21 2105.522 ADDITIONAL SELECT GRANULAR BORROW (CV) CY 860 $12.67 $10,896.20 2064 $26,150,68 22 2105.526 TOPSOIL BORROW (LV} SY 8,070 $1.96 015,817.20 4590 $8.996.40 23 2511.515 GEOTEXTILE FABRIC TYPE V HR 50 $95.00 $4,750.00 10 $950.00 24 2123.870 STREET SWEEPER (WITH PICKUP BROOM) 200 $20.00 04,001.00 200 $4,100.00 25 21 30.501 WATER FOR DUST CONTROL TON TON 9,110 $70.05 $91,555.50 10959 $110,137.95 26 2211.501 AGGREGATE BASECLASS6 2211.604 AGGREGATE BASE CLASS 5-GRAVEL DRIVEWAY -6" THICK BY 55 $8.00 $330. 00 0 00.00 03,106.25 27 28 2232.501 MILL AND MATCH BITUMINOUS PAVEMENT - 4' WIDE LF 495 1,680 $6.25 945.00 $3,093.75 $75,600,00 497 1470 $66,150.00 29 2350.501 TYPE MV4 WEARING COURSE (B) TON TON 2,155 545.00 $96,975.00 1807 $81,315.00 30 2350.502 TYPE MV3- NON - WEARING COURSE (B) BY 850 $10.50 $8,925.00 1126 $11,823.00 31 2350.503 TYPE LV4 WEARING COURSE a - THICK -DRIVEWAY (L) GAL 950 $2.10 $1,995.00 605 01,2 32 2357.502 BITUMINOUS MATERIAL FOR TACK COAT CY 225 $9.27 0 $1.00 33 2451.503 GRANULAR BACKFILL (CV) COURSE FILTER AGGREGATE FILTER FOUNDATION 500 $5.15 $ 2,085.75 42 $216.30 34 35 2451.609 2503.511 8" PVC PIPE SEWER (SDR 36) LF LF LS 340 1 $22.46 $ $7 ,575.00 $7,636.4 $3,329.46 6 330 2 $7,411.80 $6,658.92 38 25.601 REPAIR 8" SAN MAIN (SLOAN STREET) 03 EA 4 $ 329.46 $342.34 0 6 0 .04 37 2603.602 DISCONNECT AND RECONNECT FX SS SERVICE EA 2 $454.43 5908.86 2 $908.36 $9086 .6 38 2503,602 CONNECT TO EXISTING SANITARY SEWER EA 4 $58.11 0232.44 $232 6 $346.66 39 2503.602 B" X 6' PVC WYE LF 120 $33.12 $3,974.40 446 014,771.52 40 2603.602 6" PVC PIPE SEWER (SCH 40) EA 23 $120.00 $ .00 3 $4,320.04 41 2504.602 ADJUST GATE VALVE EA 2 $426.38 5852.76 $852 3 3 $1,279.14 42 2504.602 WATERMAINUTILITYHOLE WATERMAIN UTILITY MAIN TRENCH (EXCAVATE AND BACKFILL) LF 760 $16.44 $12,494.40 1042 $17,130,48 $1,725.25 43 44 2504.603 2504.603 PIPE BEDDING FOR WATERMAIN PIPE (PER CTY STD PLATE 540) LF 760 $5.15 $3,914.00 $3,107.80 335 3 $4,661.70 45 2506.502 CONSTRUCT DRAINAGE STRUCTURE DES 48 -4020 EA 2 $1,553.90 ADJUSTIINSTALL FURNISHED CASTING (FOR SAN. SEWER MR IN 12 $5,400.00 8 $3,600.00 46 2506.522 BIT OR CG) 2506.522 ADJUST FRAME AND RING CASTING EA EA 3 $22 0.00 $220.00 58$0.00 8 0 ' $1,760= 0.00 $ ' 6 47 48 Bid Item Removed LF a $2 .41 6.00 $1,4666.48 6 91,466.46' 49 2506.602 RECONSTRUCT SANITARYMH SF 5,515 $3.80 $3. $20,957.00 5590 $21,242.00'. 51 2521.601 4" CONCRETE WALK 2531.501 CONCRETE CURB AND GUTTER, DES. 8618 LF 9,100 $8.43 $78,713.00 7535 $63,520.05 ' 51 CONC CURB AND GUTTER, DESIGN VALLEY GUTTER FOR LF 405 027.56 $11,161.80 175 $4,8 52 2531.501 COMMERCIAL ENTRANCE 2531.501 SAW AND SEAL EXISTING CRACKED C&G W/ EPDXY GROUT LF 1 $8.73 $873.00 0 50 00 ,00 $6,478.00 63 54 2531 ,507 8" COMMERCIAL DRIVEWAY APRON SY 300 530 $41.00 $37.69 $12,300.00 $.70 158 448 5,885.12 55 2531.507 6" CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL SY 100 $1,5 $ $1.5 536 $ $88,436.64 55 2531.603 CONCRETE CURB AND GUTTER, B61 B, 8812 SPOT REPLACEMENT LF 290 .74 $8.00 08 $2,320.00 333 $2,664.00 57 2535.501 BITUMINOUSCURB LF EA 6 $75.00 $450.00 6 $450.00 58 2540.602 INSTALL MAILBOX SUPPORT (SALVAGED) EA 1 $125.00 $125.00 0 $0.00 59 2540.602 FURNISH AND INSTALL MAILBOX SUPPORT (SINGLE) 5 $175,00 $875.00 0 $0.00 60 2540.602 FURNISH AND INSTALL MAILBOX SUPPORT (DOUBLE) EA 2 $195.00 $390.00 0 $0.00 61 2540.602 FURNISH AND INSTALL MAILBOX SUPPORT (TRIPLE) EA 3 $215.04 0645,00 2 $430.00 62 2540.602 FURNISH AND INSTALL MAILBOX SUPPORT (QUAD) 1 $2,060.00 92,060.00 i $2,0 63 2563.601 TRAFFIC CONTROL LS LS EA 2 $412,00 $824. 00 0 $ 64 2571.502 DECIDUOUS TREE 2' B & B 2571.602 STANDARD RAINWATER GARDEN PREPARATION EA 13 $772.50 $10,042.50 14 685 $10,815.00 $1,370.00 65 66 2571.602 5" HEAVY PLASTIC EDGING LF 820 $2.00 01,640.00 ROCK INFILTRATION SUMP FOR GARDENS/PONDS WITH TYPE V 125 $ $2.0 $ 24 $667.44 67 2511.607 GEO. FABRIC LF LF 70 $2.06 $'144 5144.20 187 $38522 68 2573.502 SILT FENCE, TYPE HEAVY DUTY EA 20 97 $3,2 10 $ 69 2573.53 INLETPROTECTION LB 15 $0.60 59.00 1090 $654.10 70 2573.532 FERTILIZER TYPE 1 (200 LB/ ACRE) LS 1 $3,500.00 $3,500.00 1 $3,500.00 71 2573.601 EROSION CONTROL CONTRACTORS PLAN (1/2 %MIN) SY 8,880 $2.02 $17,937.60 11738 $23,710.7E 72 2575.505 SODDING, TYPE LAWN Packet Page Number 220 of 285 Agenda Item M3 Attachment 3. 73 2575.523 EROSION CONTROL BLANKET CATEGORY 3 SY 760 $1.63 51.73 $1,238.80 $1,314.80 662 4650 $1,079.05 $8,044.50 74 2575.523 EROSION CONTROL BLANKET CATEGORY 4 SY SY 760 150 $2.58 $387.00 5377 $13,872.66 75 2575.604 TURF ESTABLISHMENT- W/ SEED MIX 350 (100 Lb /ACRE) 1 $825.93 5825,93 1 $825.93 76 2501.515 18" RC PIPE APRON AND TRASH GUARD EA LF 350 $23.05 $8,067.50 350 $8,067.50 77 2503.541 18" PERFORATED HDPE PIPE DRAIN W/SOCK LF 95 $31.01 $2,945.95 97 $3,007.97 78 2503.511 18' RC PIPE SEWER DESIGN 3006 CLASS III LF 120 $28.69 $3,442.80 120 $3,442.80 79 2504.511 15" RC PIPE SEWER DESIGN 3006 CLASS III CY 6 $75.22 $451.32 6 $451.32 80 2511.501 RANDOM RIPRAP CLASS III 2506.502 CONSTRUCT DRAINAGE STRUCTURE (2'x3' BOX) EA 1 $1,307.59 $1,307,59 1 $1,307.59 81 82 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 604020 EA 3 $3,399.39 $10.198.17 3 3 $10,198.17 $1,413.78 83 2506.602 CONNECT TO EXISTING DRAINAGE STRUCTURE EA 3 $47126 $1,413.78 ROCK INFILTRATION TRENCH FOR INFILTRATION MH W/ TYPE V CY 330 $44.66 $14 301 $13,4 84 65 2571.607 GEO. FABRIC 2506.602 F &I NEENAH R- 1678•A CASTING AND R -1422 STORM LID EA 2 $251.29 5502.58 0 SD.00 Bid Alternate No.1 Subtotal: L $832,871.37 $823 459.30 BID ALTERNATE NO.2 Contract To -Date To -Date Item No. MNDOT No. Item Description Unit Quantity 1 Unit Price $17,500.00 Amount $17,500.00 Quantity 1 Amount $17,500.00 1 2021.501 MOBILIZATION LS ACRE 0.05 $4,120.00 $205.00 0 $0.00 2 2101.506 GRUBBING TREE 5. 00 $257.50 $1,287.50 0 $0.00 3 2101.507 GRUBBING LF 335 $1.96 $656.60 25 $49.00 4 2104.501 REMOVE CURB AND GUTTER LF 23 $21.30 S489.90 65 $1,384.50 5 2104.501 REMOVE SEWER PIPE (STORM) LF 119 $9.13 $1,086.47 176 $1,606.88 6 2104.501 REMOVE SEWER PIPE (SANITARY SERVICE PIPE) SF 275 $0.40 $112.75 $41,82 7 2104.503 REMOVE CONCRETE WALK SY 20 $9.00 $180.00 222.5 .5 $202.50 8 2104.503 SALVAGE RETAINING WALL SY 225 $2.00 $450.00 124 $248.00 g 2104.505 REMOVECONCREfE DRIVEWAY PAVEMENT SY 3,780 $1.45 54,611.00 510 $740.95 10 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 10,740 $1.49 $,002.60 11789 $,565.61 11 2104.505 REMOVE BITUMINOUS ROADWAY PAVEMENT EA A 1 $103.00 $ 5 1.00 13 $ 5 1 .00 12 2104.509 SALVAGE CASTING EA 1 1 $290.86 $ 5290290.86 1 $ 5290290,86 13 2104.509 REMOVE DRAINAGE STRUCTURE SAWING BITUMINOUS PAVEMENT (FULL DEPTH) (ROADWAYS 365 $730.00 244 $488.00 14 2104.513 ONLY) CY Y 5,430 .00 $8.34 $8$8,898.78 $45,286.20 5583 $ ,662.22 75 2105.501 COMMON EXCAVATION (P) CY 2,800 $8.34 $ 1067 $8 16 2105.507 SUBGRADE EXCAVATION (EV) CY 210 $ 52,168.00 152 $1,565.60 17 2105.515 UNCLASSIFIED EXCAVATION (P) CY 2,800 59.27 ,956.00 $$9 590 ,469.90 18 2105,522 ADDITIONAL SELECT GRANULAR BORROW (CV) CY 750 $12.87 59,502.60 498 $6 19 2105.526 TOPSOIL BORROW (LV) 2123.610 STREET SWEEPER HR 50 $95.00 $4,750.00 30 200 $2 ,309.66 52,850.00 $4,000.00 20 21 2130.501 WATER FOR DUST CONTROL MGAL TON 200 5,175 520.00 $ 05 $4,000.00 $,008.75 7355 $7 5 22 2211.501 AGGREGATE BASE CLASS 6 BY 430 $6.2,580.00 $6.00 $2 $ 145 870 .7 $870. 0 $ 23 2211.604 AGGREGATE BASE CLASS 5- DRIVEWAY- 6" THICK LF 370 $620 $2,294.00 223 $1,382.660 24 2232.501 MILL AND MATCH BITUMINOUS PAVEMENT - 4' W [DE TON 925 $45.00 $41,625.00 865 $39,060. 25 2350.601 TYPE W4 WEARING COURSE (8) TON 1,125 $45.00 550.625.00 1132.5 $50,962.50 26 2350.502 TYPE MV3•N0N.WEARING COURSE (B) BY 825 $10.50 $8,682.50 1084 $11,382.00 27 2350.503 TYPE LV4 WEARING COURSE 3" THICK -DRIVEWAY (L) GAL 540 .10 51,134.00 480 $1.0 28 2357.502 BITUMINOUS MATERIAL FOR TACK COAT CY 160 58.38 $8 $7,508.40 0 $0.00 29 2451.503 GRANULAR SACKFILL (CV) TN 1,000 55.15 $5,160.00 0 $0.00 30 2451.609 COARSE FILTER AGGREGATE FOUNDATION EA 2 $760.86 $1,521. 72 1 $760.86 31 2501.515 15' RC PIPE APRON WITH TRASH GUARD LF 225 $721 $1,622.25 510 $3,677.10 32 2502.541 4" PERF PE PIPE DRAIN w/ SOCK LF 25 $27.52 $688.00 25 $688.OD 33 2503.511 12" RC PIPE SEWER DESIGN 3006 CLASS III LF 355 $26.69 $10,184.95 306 $8,779.14 34 2503.511 15" RC PIPE 6EWER DESIGN 3006 CLASS III LF 119 $19.63 $2,335.97 177 $3,4 35 2503.511 G" PVC PIPE SEWER (SCH 40) EA 3 $054.02 $2,562.06 0 50.00 36 2503.602 8" X 6" PVC WYE EA 7 $120.00 $840.00 12 $1,440.00 37 2504.602 ADJUST GATE VALVE 2506.602 CONSTRUCT DRAINAGE STRUCTURE 2'X T CB EA 2 $1,322.80 $2,645.60 2 3 $2,645.60 $4.648.20 38 39 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48 -4020 EA 3 $1,549.40 54,648.20 $440.00 1 $220.00 40 2506.522 ADJUST FRAME AND RING CASTING EA 2 5220.00 ADJUSTIINSTALL FURNISHED CASTING (FOR SAN. SEWER MH IN $445.00 $6,675.00 13 $6,785.0 41 2606.602 BITORCG) 2506.602 F&I NEENAH R- 3067 -V CASTING FOR 2X3 CATCH BASIN EA EA 15 2 $371.53 $743. 06 2 602 5743.08 $13,363.20 42 43 2506.802 RECONSTRUCT SAN MH LF CY 36 10 $221.98 $ $7,991.28 5 10 5 .60 44 2511.501 RANDOM RIP RAP CLASS III SY 12 $4 .56 $4.32 $51.80 550.84 12 $51.84 551 45 2511.515 GEOTEXTILE FILTER, TYPE V SF 400 $4.90 $1 874 $4,282.60 46 2521.501 4" CONCRETE WALK 2531.502 8" COMMERCIAL CONCRETE DRIVEWAY APRON SY 20 541.00 $82 0.00 $820.00 59 6796 $2,419.00 $57,290,28 47 48 2531.501 CONCRETE CURB AND GUTTER, DESIGN 8818 LF 7,930 $8.43 $66,849.90 CONC CURB AND GUTTER DESIGN VALLEY GUTTER FOR LF 1 $27.56 $2,756.00 0 $0.00 49 2531.501 COMMERCIAL ENTRANCE 6" CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL SY 166 0 $ $6,030.40 121 S4,660.49 $8110.00 $80 50 51 2631.507 2635.501 BITUMINOUS CURB LF EA 225 $6.89 .00 56 6 $75.00 $1,800.00 $450.00 100 16 $1,200.00 52 2540.602 INSTALL MAILBOX SUPPORT (SALVAGED) EA 12 $125.00 Si,500.00 4 $500.00 53 2540.602 FURNISH AND INSTALL MAILBOX SUPPORT (SINGLE) 3 $175.00 $525.00 5 $875.00 54 2540.602 FURNISH AND INSTALL MAILBOX SUPPORT (DOUBLE) EA $0,00 0 $0.00 55 56 Bid Item Removed 2540.602 FURNISH AND INSTALL MAILBOX SUPPORT (QUAD) EA 1 $215.00 $215.00 0 1 $0.00 $2,050.00 57 2563.601 TRAFFICCONTROL, LS EA 1 $2,060.00 5 $412,00 $2,060.00 $2,060.00 0 $0.00 58 2571.502 DECIDUOUS TREE 2" B & 8 STANDARD RAINWATER GARDEN PREPARATION EA 10 $772.50 $7725.00 , 7 $5,407,50 $0.00 59 60 2571.602 Bid Item Removed LF 840 $2.00 $0.00 $1,280.110 0 300 $600.00 67 2671.603 5" HEAVY PLASTIC EDGING ROCK INFILTRATION SUMP FOR GARDENSIPONDS WITH TYPE 36 5973.35 14 $389,34 62 2571.607 GEO. FABRIC CY LF 880 327.81 $1.80 8400 $1,5. 528 $950.40 63 2573.502 SILT FENCE, TYPE HEAVY DUTY EA 7 $164.80 $1,153.60 5 $824.00 64 2573.530 INLET PROTECTION LF 5D $2.99 $149.50 0 $0.00 65 2573.540 FILTER LOG TYPE STRAW BIOROLL LS 1 $2,275.00 $2,275.00 1 $2,275.00 66 2573.601 EROSION CONTROL CONTRACTORS PLAN (112 % MIN) SY 7,560 $2.02 $15,27120 6966 $14,071.32 67 2575.505 SODDING, TYPE LAWN BY 640 $1.63 $1,04320 0 $O.DO 68 2575.523 EROSION CONTROL BLANKET CATEGORY LB 20 $0.49 $9,80 288 $141.12 69 2575.532 FER71LIZERTYPE1(200L8/ACRE) Packet Page Number 221 of 285 Agenda Item M3 Attachment 3 70 2575.604 TURF ESTABLISHMENT- W/ SEED MIX 350 (100 Lb / ACRE) SY 280 Bid Alternate NO. 2 Subtotal: 52.16 $604.60 $488,564.31 0 $0.04 5441 493.69 CHANGE ORDER NO 1 item No. N No. I TREE 2 20 $ $2 $ $5,000,00 1 2 Contract TREE 2 20 $ To•Date Tc -Date No. MnIDOT No. Item Description Unit Quantity Unit Price Amount Quantity 0 Amount $0.00 Item 1 2451.603 GRANULAR BACKFILL CY 150 60 $9.12 23.98 $1,368.00 $1,199.110 14.34 5343.87 2 2451.609 COARSE FILTER AGGREGATE FOUNDATION TN 480 $21.01 $ S 477 $10,021.77 3 2503.511 W PVC PIPE SEWER SDR 35 LF LF 180 $25.77 5 $ 188 $4 4 2603.511 6' PVC PIPE SEWER SCH 40 EA 5 $71,39 36 8.60 $356.95 $ 5 $356 .76 5356,95 5 2503.602 W X 6' PVC WYE 2506.602 ADJUST/ INSTALL FURNISHED CASTING (SANITARY SEWER) EA 3 $490.43 $1,471.29 3 1 $1,471.29 $377.42 6 7 2503.602 CONNECT TO EXISTING SANITARY SEWER EA 3 3 33]7.42 $1,96626 $1,132.26 $5,898.76 3 $5,898.78 8 2506.502 48" DIA SANITARY SEWER MANHOLE EA 6 $274.57 $1,372.85 2 $549.14 9 2503.602 6' CLEAN OUT EA CY 300 $9.12 S2,736A0 300 $2,736.00 10 2451.503 GRANULAR BEDDING (LV) EA 3 $2,431.98 $7,295.94 3 $7,295.94 11 2504,602 HYDRANT EA 2 $846.46 $1,692.96 2 $1,692.96 12 2504.602 6' GATE VALVE AND BOX EA 3 $1,090.47 $3,271. 41 3 $3,271.41 13 2504.602 B" GATE VALVE AND BOX LF 30 $26.86 $769.80 16 $410.56 14 2504.603 W WATERMAIN, DUCTILE IRON, CLASS 53 LF 950 $34.77 533,031.50 944 $32,822.88 15 2504.603 e' WATERMAIN, DUCTILE IRON, CLASS 52 SY 100 $29.30 $2,930.00 203 $5,947.90 16 2504.604 2" POLYSTYRENE INSULATION LS 1 $ $1,228.69 1 $1,228.69 17 2504.608 DUCTILE IRON FITTINGS FA 2 $4.579.91 $9,159.82 3 $ 18 2504,603 WATERMAIN OFFSET LF 385 EA 4 $10,358.50 247 $7,720.30 19 2504 .603 1" TYPE K COPPER SERVICE PIPE TN 5 $10 .90 $10.75 $53.76 40 $430.00 20 2211.501 AGGREGATE BASE CLASS 6 BY 180 $22.00 $3,960.00 127 $2,794,00 21 2350.503 TYPE LV4 WEARING COURSE 3' THICK DRIVEWAY (L) SF 230 $23,58 $5,423.40 300 $8,488,80 22 2411.618 MODULAR BLOCK RETAINING WALL 22 2 2506.602 CONTROL STRUCTURE EA 1 Change Order No 1 Subtotal: $109,432.30 $1222.00 $ $112443.15 CHANGE ORDER NO 2 $4,688.00 23 2 2508.601 BUILDOVERPIPE) E EA 2 24 $ $9 $2,208.00 2 24 $ $22.00 Contract 2511.501 RANDOM RIPRAP CLASS III LF 3 To-Date To-Date MNDOT No. Item Description Unit Quantity Unit Price Amount Quantity t Amount $2,4 a Item No. 1 2503.601 ABANDON EX SAN SEWER SERVICE @ 1858 DESOTO ST LS 1 $2,434.28 $2,43428 $3,681.34 i $3,681 38 2 2503.601 CUT VENT INTO EX SAN SEWER SERVICE @ 1721 DESOTO ST LS 1 $3,681.38 $24625 $24825 t 324625 $246 3 2503.601 REMOVE CONC PIPE ON DESOTO ST LS 1 1 $4,158.46 $4,158.46 $4,158.46 4 2503.601 CUT IN 8X4 TAP TO EX SAN SERVICE, EXTEND 4" PVC SERVICE LS 550.40 $50.00 5 2104.523 MOVE SIGN ON JESSIE ST EA LS 1 1 $50,00 $630,00 $630.00 1 5630,00 6 2506,601 ADJUST GRADE FROM CBMH 2 TO CB 1 LS 1 $2,780.40 $2,780.40 1 $2,780.40 7 2503.601 CUT IN BX4 SADDLE FOR 4" PVC SERVICE Change Order No 2 Subtotal: $13 980.77 $13 980.77 CHANGE ORDER NO 3 Contract 7o -Pate To-Date MnIDOT No. Item Description Unit Quantlty Unit Price Amount Quantity 2360 Amount $21,145.60 Item No. 1 2411.618 DECORATIVE RETAINING WALL SF 1,750 $8.96 $15,680.00 Change Order No 3 Subtotal: $16 $21.145.60 CHANGE ORDER NO4 Packet Page Number 222 of 285 Mn/DOT U Unit Q Quantity U Unit Price A Amount Q Quantity A AmOUM item No. N No. I TREE 2 20 $ $2 $ $5,000,00 1 2 2101.502 CLEARING T TREE 2 20 $ $ 0 $5,000.00 2 20 $ $6,000.00 2 2 2101.507 GRUBBING T LF 4 440 $ $21 .00 $ $ $ 445 $ $ $ 3 2 2104.501 REMOVE SEWER PIPE (STORM) L LF 5 50 $ $12.00 $ $60 0.00 4 50 $ $600 .00 4 2 2104.509 REMOVE FENCE EA 8 8 $ $3 5 52,926.00 8 8 $ $2,928.00 5 2 2104.509 REMOVE DRAINAGE STRUCTURE C CY 2 2370 $ $9.00 $ $21,330.00 1 1803 $ $ 6 2 2105.501 COMMON EXCAVATION L LF 4 40 $ $44.24 $ $1,600.00 4 40 5 51,600.00 7 2 2503.541 12" HOPE LF 1 170 $ $41.25 , ,012.50 1 170 $ $7,012.50 8 2 2503.541 15" HOPE $ LF 1 130 $ $44.00 $ $5 133 $ $5,652.00 9 2 2503.541 18" HDPE L LF 3 39 $ $60.00 $ $2,340,00 3 39 5 52,340.00 10 2 2503.541 24" HOPE L LF 5 50 $ $63.50 $ $3,175,00 5 50 $ $3,175.00 11 2 2503.541 30" HOPE L LF 3 30 $ $65.00 $ $2,550.00 4 41 $ 54,185.00 12 2 2503.511 30" RC PIPE L EA $ $915.00 5 5915 1 $915.00 13 2 2501.615 t5" RC PIPE APRON WI TRASH GUARD . EA 1 1 $1,925,00 , ,925.00 1 1 5 51,925.00 14 2 2501.515 24' RC PIPE APRON W/ TRASH GUARD E EA 1 1 5 5 $ $ $ 1 0,00 1 1 5 5 0.00 15 2 2501.515 30" RC PIPE APRON W/ TRASH GUARD E 2 5 $240.00 $ $490.00 2 2 4 49 $ 5490.00 16 C CONSTRUCT BULKHEAD E EA 2 8 $ $14 4 $116 $116.00 ' 4 8 810,3 0.00 17 2 2504.604 F EA 3 3 $ $2,685,00 $ $7,756.00 2 $ $6,964.00 19 2 2506,502 CONSTRUCT DRAINAGE STRUCTURE DES 60 -4020 E EA 2 4 $ $1,532.00 $ $6,128.00 3 3 $ $4,598.00 20 2 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN 2X3 BOX E EA 4 CONSTRUCT DRAINAGE STRUCTURE DES SPECIAL -54" OUTLET 1 $ $a,500.00 S S4,500.00 1 1 $ $4,500.00 21 2 2506.602 CONTROL STRUCTURE EA 1 CONSTRUCT DRAINAGE STRUCTURE DES SPECIAL -08" OUTLET 1 $ $4,179.00 $ $4,179.00 1 1 $ $4,179.00 22 2 2506.602 CONTROL STRUCTURE EA 1 CONNECT TO EXISTING DRAINAGE STRUCTURE (MH, CBMH OR 2 $ $1222.00 $ $2,444.00 4 4 $ $4,688.00 23 2 2508.601 BUILDOVERPIPE) E EA 2 24 $ $9 $2,208.00 2 24 $ $22.00 24 2 2511.501 RANDOM RIPRAP CLASS III LF 3 350 $ $,250.00 0 0 $ $ 500 25 2 2557.601 INSTALL CHAIN LINK FENCE L LF 3 340 5 $4 . $1 123 $ $500.61 26 2 2573.502 SILT FENCE. TYPE HEAVY DUTY L EA 9 9 $ $400.00 $ $3,600.00 9 9 $ $3,600.00 27 2 2573,530 INLET PROTECTION Packet Page Number 222 of 285 28 2573.540 FILTER LOG, TYPE STRAW BIOROLL 29 2575.523 EROSION CONTROL BLANKET, CATEGORY IV 30 2575.502 SEEDING, MN /DOT MIX NO 250 31 2575.502 SEEDING, MNIDOT MIX NO 310 CHANGE ORDER NO 5 MnIDOT Item No. No. Item Description 1 ADDITIONAL BITUMINOUS RECLAMATION 2 ADDITIONAL RETAINING WALL CONSTRUCITON 3 LANDSCAPE ROCK INSTALLATION BID SUMMARY Contract: 06 -16 Owner: CRY OF MAPLEWOOD Project: DESOTO- SKILLMAN AREA STREET IMPROVEMENTS Contract AM-1n $73,263,15 To -Date To -Date Unit Quantity Agenda Item M3 Amount Quantity Amount LS 1 Attachment 3 LF 110 $6.00 $660.00 0 $0.00 $2,700.00 SY 840 $4.00 $3,360,00 3927 $15,708.00 1 AC 2 $2,500.00 $5,000.00 1.1 $2,750.00 $11,264.97 AC 0.25 $8,250.00 $2,062.50 0 $0.00 CHANGE ORDER NO.3 Change Order No 4 Subtotal: 421,145.6E 1126,975.80 $126,975.80 $128,346.11 CHANGE ORDER NO.6 Contract AM-1n $73,263,15 To -Date To -Date Unit Quantity Unit Price Amount Quantity Amount LS 1 $1,778.00 $1,778.00 1 $1,778.00 LS 1 $2,700.00 $2,700.00 1 $2,700.00 LS 1 $6,786.97 $6,786.97 1 $6,786.97 Change Order No 5 Subtotal: BID ALTERNATE NO.2 $11,264.97 $441,493.65 $11,264.97 Description Schedule SANITARY SEWER IMPROVEMENTS AM-1n $73,263,15 "'.._�.. 174,595.47 B WATERMAIN IMPROVEMENTS ' $51,518.28 $50,513.58 C STORM SEWER IMPROVEMENTS 5100,916.75 $130,959.46 $1,463,327.41 D ROADWAY IMPROVEMENTS $1,440,913.77 $29,684.60 127.167.28 E RAINWATER GARDENS $28,223.17 $24,521.82 F MAPLE HILLS DRIVEWAYS TOTAL BASE BID AMOUNT $1,724,519.72 $1,771,085.02 BID ALTERNATE NO. 1 $832.871.37 $823,459.3C BID ALTERNATE NO.2 $488,564.31 $441,493.65 CHANGE ORDER NO,1 $109,432.30 $112,443.1: CHANGE ORDERNO.2 $13,980.77 $13,980.77 CHANGE ORDER NO.3 $15,680.00 421,145.6E CHANGE ORDER NO.4 $126,975.80 $128,348.11 CHANGE ORDER NO.6 $11,264.97 $11,264.97 Packet Page Number 223 of 285 Agenda Item M4 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Jon Jarosch, Civil Engineer I SUBJECT: County Road D Street Improvements, Project 08 -20, Resolution Directing Modification of Existing Construction Contract, Change Order No.1 DATE: July 16, 2009 INTRODUCTION The council will consider approving the attached resolution directing the modification of the existing construction contract. This change order reflects an increase in the construction contract due to the necessary changes listed below. BACKGROUND/ DISCUSSION On June 8, 2009, the council awarded a construction contract for the base bid only to T.A. Schifsky and Sons Inc., in the amount of $712,665.12. The construction contract included reconstruction of County Road D, east of McKnight Road, and Bellaire Avenue between Woodlynn Avenue and Lydia Avenue as shown on the attached Location Map. Subsequently on June 22, 2009, the council awarded Bid Alternate No. 1 to T.A. Schifsky and Sons Inc., in the amount of $128,534.21. Bid Alternate No. 1 represented the Lake Links Trail along McKnight Road and Lydia Avenue. Change Order No. 1 is necessary for the following items: Watermain Revision The additional cost is associated with the extension of the watermain through the intersection of McKnight Road and County Road D. This resulted in additional costs as outlined below. • Additional watermain parts and labor for connecting on the west side of McKnight Road at a cost of $5,022.24 • Reduction in cost due to the removal of one gate valve manhole and one watermain connection in the amount of - $3,534.56. • Additional pavement removal, aggregate base, new pavement, and traffic control necessary for the connection of watermain on the west side of McKnight Road in the amount of $15,531.50. BUDGET Change Order No. 1 will increase the current construction contract by $17,019.18 from $841,199.33 to $858,218.51. No budget adjustments are required for the additional work as these additional costs fall within the approved budget. RECOMMENDATION It is recommended that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No.1, for City Project 08 -20. Attachments: 1. Resolution 2. Change order No.1 3. Location Map Packet Page Number 224 of 285 Agenda Item M4 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08 -20, CHANGE ORDER NO.1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 08 -20, County Road D Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as County Road D Street Improvements, Project 08 -20, Change Order No.1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.1 in the amount of $17,019.18. The revised contract amount is $858,218.51. Adopted this 27 day of July 2009 Packet Page Number 225 of 285 CHANGE ORDER #1 Agenda Item M4 Attachment 2 DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: County Road D Street Improvements Change Order No.: #1 Project No.: 08 -20 Date: 7 -26 -09 Contractor: T.A. Schifsky and Sons, Inc. The following changes shall be made to the contract documents: Description Unit Quantity Price Total 1. 8 "X8" Wet Tap Each 1 $1,995.00 $1,995.00 2. 8" Valve Box w /Adapter Each 1 $363.18 $363.18 3. Additional Labor for WM Install LS 1 $1,412.50 $1,412.50 4. Removal of GV Manhole Each (1) $2,733.00 $(2,733.00) 5. Removal of WM Connection Each (1) $801.56 $(801.56) 6. Bituminous Paving (8" Thickness) LS 1 $9,075.00 $9075.00 7. Sawcutting of Bituminous (16" Depth) LS 1 $975.00 $975.00 8. Pavement Removal (16" Depth) SY 134 $9.75 $1306.50 9. Additional Trucking LS 1 $975.00 $975.00 10. Additional Class 5 (12" Depth) LS 1 $1,300.00 $1,300.00 11. Additional Traffic Control LS 1 $1,900.00 $1,900.00 12. Additional Crew Time HR 2.25 $556.25 $1,251.56 TOTAL $17,019.18 Purpose of Change Order: Amend scope of project to include the following extra work: Additional watermain parts and labor necessary for watermain revision at McKnight Road and County Road D Removal of one gate valve manhole and one watermain connection from the original contract due to watermain revision at McKnight Road and County Road D. Additional pavement removals, aggregate base, bituminous pavement, and traffic control necessary for the watermain revision at McKnight Road and County Road D. Basis of Cost: Original Contract: ❑ Actual Change This Change Order: Revised Contract: Approved Recommended Agreed to by Contractor by ❑ Estimated $841,199.33 $17,019.18 $858,218.51 Mayor Engineer Its Title Packet Page Number 226 of 285 Agenda Item M4 Attachment 3 I VE. CD 1. N. BARTELMY LN. 8 2. N. CHIPPEWA CT. 3. BRENWOOD CV. fi94 COUNTY ROAD ID • • o GALL �-' AV B RENNER AVE Q 3 4 <1 LYDIA i , I 4� > P/ r st AVE. < Park STANDRIDGE PROPOSED 2009 STREET IMPROVEMENTS AVE. ul w P�' o m M NO SCALE U) Lu County Road D Improvements MAPLEWOOD, MINNESOTA Packet Page Number 227 of 285 CITY PROJECT 08-20 0 Agenda Item M5 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Bill Priefer, Public Works Operations Analyst SUBJECT: CarMax /Mogren Addition Improvements, Project 06 -17, Resolution Approving Ramsey County Cooperative Agreement PW2009 -04. DATE: July 16, 2009 INTRODUCTION The City of Maplewood, in cooperation with Ramsey County and the Minnesota Department of Transportation, has completed improvements to Beam Avenue, east of T.H. 61, and the intersection of Beam Avenue and T.H. 61. In order to receive funding from Ramsey County, the city council will consider approving the attached resolution for the approval of Ramsey County Cooperative Agreement PW2009 -04. BACKGROUND City project 06 -17 provided improvements to Beam Avenue east of T.H. 61 and the intersection of Beam Avenue and T.H. 61 including grading, milling and overlaying, concrete curb and gutter, storm sewers and traffic control signals. Cooperative Agreement PW2009 -04 calls for Ramsey County to pay 25% of the cost of the new traffic control signal (approximately $57,007.75 which includes 8% engineering), $150,000.00 of the cost for the mill and overlay and associated construction improvements on Beam Avenue from T.H. 61 to Hazelwood Street, and 25% of the cost of the additional turn lanes on Beam Avenue (approximately $40,172.56 which includes 8% engineering). Payment will be based on the contractor's unit prices and the final quantities constructed. RECOMMENDATION It is recommended that city council approve the attached resolution and Ramsey County Cooperative Agreement PW2009 -04 for CarMax /Mogren Addition Improvements, Project 06 -17. Attachment: 1. Resolution 2. Ramsey County Cooperative Agreement PW2009 -04 3. Location Map Packet Page Number 228 of 285 Agenda Item M5 Attachment 1 RESOLUTION APPROVING RAMSEY COUNTY COOPERATIVE AGREEMENT PW2009 -04 PROJECT 06 -17 WHEREAS, the City of Maplewood in cooperation with Ramsey County has completed improvements to the Beam Avenue and T.H. 61 intersection and includes lane configuration improvements, a new traffic signal and a mill and overlay on Beam Avenue from T.H. 61 to Hazelwood Street; and WHEREAS, Cooperative Agreement PW2009 -04 prepared by Ramsey County identifies cost share responsibilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city engineer are hereby authorized to sign and execute Ramsey County Cooperative Agreement PW2009 -04. Adopted this 27 day of July 2009 Packet Page Number 229 of 285 Agenda Item M5 Attachment 2 RAMSEY COUNTY COOPERATIVE AGREEMENT WITH CITY OF MAPLEWOOD Beam Avenue at Highway 61 S.A.P. 62- 620 -01 M.S.A.P.138- 020 -032 Attachments: Financing Summary Agreement PW2009 -04 Estimated Amount Payable to Maplewood County State Aid Funds: Traffic Signal Intersection Improvements Mill & Overlay Total $ 57,007.75 $ 40,172.56 S150,000.00 $ 247,180.31 THIS AGREEMENT, by and between the City of Maplewood, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County "; WITNESSETH: WHEREAS, the City and the County desire to make improvements to Beam Avenue at Highway 61; and WHEREAS, Beam Avenue at Highway 61 is designated County State Aid Highway 20, and WHEREAS, Beam Avenue at Highway 61 is in the City; and WHEREAS, preliminary studies and reports conducted by the City and County indicate that it is feasible, practical, and technically proper to provide for the improvements to Beam Avenue at Highway 61; and WHEREAS, the City has prepared the necessary designs, plans, specifications, estimates, proposals and approvals in accordance with funding requirements to take bids for this project; and WHEREAS, this project has been designated as eligible for CSAH and MSA funds, reimbursement as S.A.P. 62- 620 -01 and M.S.A. P. 138- 020 -032; and PW2009 -04 1 of 5 Packet Page Number 230 of 285 Agenda Item M5 Attachment 2 WHEREAS, plans for this project provide for improvements to Beam Avenue and the intersection of Beam Avenue and Highway 61 including grading, milling, paving, concrete curb and gutter, storm sewers, traffic control signals; and; and WHEREAS, plans for this project S.A.P. 62- 620 -01 and M.S.A. P. 138- 020 -032 showing proposed construction, alignment, profiles, grades, and cross - sections for the improvement of County State Aid Highways 20 within the limits of the City have been presented to the County; and WHEREAS, the City has taken bids for the project, prepared an abstract of bids and cost participation summary, requested the County's concurrence to award a contract, awarded a contract and paid the contractor from State Aid and Municipal State Aid Highway funds identified for the project. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. The County and City shall participate in the costs of construction in accordance with the adopted Ramsey County Public Works cost participation policy. 2. The estimated construction cost of County's share is $247,180.31, inclusive of engineering fees and its share of the cost of mill and overlay established below. The costs will be paid with County State Aid Highway funds. 3. Upon completion of the project, the County shall own and maintain the storm sewer catch basins and leads on its County road and the City shall own and maintain the storm sewer trunk lines within the City. Laterals and drains servicing property within the City outside the road right of way shall also be owned and maintained by the City. 4. The County shall pay 25% of the cost of the traffic control signal system at Highway 61 and Beam Avenue. 5. The City shall own and maintain the concrete sidewalk adjacent to Beam Avenue. 6. The County shall pay to the City $150,000.00 of the cost for the mill and overlay and associated construction improvements on Beam Avenue from Highway 61 to Hazelwood Street. 7. The County shall pay to the City 25% of the cost of the additional turn lanes on Beam Avenue. 8. The County shall reimburse the City eight percent (8 %) of its share of the final construction cost for the traffic signal at Highway 61 and Beam Avenue and the additional turn lanes on Beam Avenue as an engineering fee. 9. Estimated costs are identified in the Engineers Estimate. Actual costs shall be based on the contractor's unit prices and the quantities constructed. PW2009 -04 2 of 5 Packet Page Number 231 of 285 Agenda Item M5 Attachment 2 10. All liquidated damages assessed the contractor in connection with the work performed on the project shall result in a credit shared by the City and the County in the same proportion as their respective total share of construction costs to the total construction cost without deduction for liquidated damages. 11. The City shall not assess or otherwise recover any portion of its cost for this project through levy on County -owned property. 12. Upon completion of the work, the City shall prepare a final cost participation breakdown based upon the contract unit prices and the actual units of work performed, and submit a copy to the County. The construction engineering costs to be paid the County by the City shall be based on the final construction cost. 13. The City and County shall indemnify, defend and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or employees, in the execution, performance, or failure to adequately perform the indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common law immunities, limits, or exceptions on liability. 14. All notices or demands given or required to be given hereunder shall be in writing and shall be sent by certified or registered mail, return receipt requested, postage prepaid, addressed to the intended recipient's address or addresses below set forth or at such other address or addresses as the intended recipient may have theretofore specified in a written notice to sender given in accordance with the requirements of this paragraph. Any such notice so given shall be deemed given on the day of deposit in the United States mail, and if sent as aforesaid shall be effective whether or not received by the addressee. For City: Public Works Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 For County: Director of Public Works and County Engineer Ramsey County Department of Public Works 1425 Paul Kirkwold Dr. Arden Hills, MN 55112 15. This Agreement shall remain in full force and effect until terminated by mutual agreement of the parties. PW2009 -04 3 of 5 Packet Page Number 232 of 285 Agenda Item M5 Attachment 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY OF MAPLEWOOD By Its By Its Date Approved as to Form City Attorney PW2009 -04 4 of 5 Packet Page Number 233 of 285 Agenda Item M5 Attachment 2 THE COUNTY OF RAMSEY By Jan Parker, Chair Ramsey County Board of Commissioners By Bonnie Jackelen, Chief Clerk Ramsey County Board of Commissioners Date Recommended for Approval: By Kenneth G. Haider, Public Works Director Date Approved as to Form and Insurance: By Assistant County Attorney Date Purchase Order or Aspen Vendor Contract Number: Funds Available: Budgeting and Accounting PW2009 -04 5 of 5 Packet Page Number 234 of 285 Agenda Item M5 VADNAIS HEIGHTS G 694 E LANE L . �� . COTTAGE LANE LN. 100. COTTAGE LANE LN. 11. COTTAGE LANE LN. �Ju 19 COUNTY ROAD D COUNTY ROAD COUNTY ROAD D CT. D CIR. _ Project Location W i Kohlman ; i Q� z Ld Lake KOHLMAN g AVE. Z`J U Y-- - W COUNTY ROAD KPark °n / -qt rop = ~ ST C Manufactured V) 1 Housing —J �O Z Estates 2 Q CeC� C W LLJ 5 3 cn Cl 4 CON NOR v U W AVE. z N� AVE J OO W �O KS � CT. ° SEXTANT Q AVE. Off' GERVAIS W U AVE. Kwy no scale min N I I VILLAGE TR, o 8 LEGACY Q 10. I1 Le ggcY 1 1. WOODLYNN AVE. S ulp ? \ r. ST. JOHN Park 'S z 61 Q sunset HIGHRIDGE CT. Q Ridge Park ,Markham 5. CHAMBERLAIN ST. z oo z ° 6. Q Q fv MINGWAY T . LANE LN. a 1Z - 8. COTTAGE -- = z V LJJ COUNTY ROAD D W LYDIA AVE. 1 GOLD U H Hazelwood 1. SUMMIT CT. 2 2. COUNTRYVI CIR. -J 3. DULUTH BEAM 19 AVE. BEAM Project Location W i Kohlman ; i Q� z Ld Lake KOHLMAN g AVE. Z`J U Y-- - W COUNTY ROAD KPark °n / -qt rop = ~ ST C Manufactured V) 1 Housing —J �O Z Estates 2 Q CeC� C W LLJ 5 3 cn Cl 4 CON NOR v U W AVE. z N� AVE J OO W �O KS � CT. ° SEXTANT Q AVE. Off' GERVAIS W U AVE. Kwy no scale min N I I VILLAGE TR, o 8 LEGACY Q 10. I1 Le ggcY 1 1. WOODLYNN AVE. S ulp ? \ r. ST. JOHN Park 'S (n m C � 23 Park o z J LLJ Z_ < LLJ Q z g W W P=EANT DEMONT AVE. m E. Harvest Pork Four Q Seasons � � AVE. Park z g GRANDVI AVE. Project Location Mogren Street Improvement 06 -17 Packet Page Number IN z w , ,Markham o Q Q P z ° w VB fv a (n m C � 23 Park o z J LLJ Z_ < LLJ Q z g W W P=EANT DEMONT AVE. m E. Harvest Pork Four Q Seasons � � AVE. Park z g GRANDVI AVE. Project Location Mogren Street Improvement 06 -17 Packet Page Number IN w , ,Markham o Q Q P Pon( fv 1Z - -- z V Q North V) U H Hazelwood Project Location Mogren Street Improvement 06 -17 Packet Page Number IN Agenda #M -6 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Approve Acceptance of Donation to Maplewood Police Reserves Date: July 17, 2009 Introduction The Maplewood Police Reserves have received a donation from the Ramsey County Agricultural Society, and City Council approval is required before this donation can be accepted. Background This year, as they have for the past several years, the Maplewood Police Reserves provided assistance to the Ramsey County Fair by assisting with traffic control, the White Bear Avenue Parade, and patrolling the fairgrounds for the duration of the fair. To show their appreciation for the many hours of service provided by the Reserves, the Ramsey County Agricultural Society has donated $425 to be used for their equipment and/or training. City Council approval is required before this donation can be accepted. Recommendation It is recommended that approval be given to accept this donation and that the necessary budget adjustments be made so the funds can be expended as designated. Action Required Submit to the City Council for review and action. DJT:js Packet Page Number 236 of 285 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 Ramsey County Agricultural Society wishes to grant the City of Maplewood the following: $425, and, WHEREAS, the Ramsey County Agricultural Society has instructed that the City will be required to use the aforementioned for: equipment and/or training for the Maplewood Police Reserves, 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 Witnessed: (Signature) (Signature) Mayor Chief of Police (Title) (Title) (Date) (Date) (Signature) City Clerk (Title) (Date) Packet Page Number 237 of 285 Packet Page Number 238 of 285 AGENDA REPORT Agenda #M -7 To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Approval of 2009 JAG (Justice Assistance Grant) Stimulus Grant Agreement Date: July 20, 2009 Introduction The Police Department would like to enter into an agreement with the City of Saint Paul for a 2009 JAG stimulus grant, and City Council approval is required. Background The Police Department has the opportunity to enter into a federal stimulus grant with the City of Saint Paul from the period of July 1, 2009, through February 28, 2013. The total value of the grant is $67,007. Our department would be responsible for submitting an itemized invoice and back -up documents to the City of Saint Paul each quarter, and we would then be paid by the City of Saint Paul within 30 days. It is the intent of the Police Department to use this funding for modifications to the property room shelving system, the in -house interview room recording system and an automatic license plate reader system. This agreement has been reviewed and approved by the City Attorney. Recommendation It is recommended that the City Council authorize the Police Department to enter into this agreement with the City of Saint Paul. Action Required Submit to the City Council for review and action. DJT:js Attachment Packet Page Number 239 of 285 81112004 Agreement # Between the City of Saint Paul and the City of Maplewood THIS AGREEMENT, made and entered into this 1st day of July, 2009, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City" and the City of Maplewood whose address is 1830 County Road B East, Maplewood, Minnesota, 55109, hereinafter referred to as "Consultant/Provider." The City and Consultant/Provider, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: Scope of Services. A. Consultant /Provider agrees to provide services or perform activities as related to its individual entity as described in the attached federal grant award and agrees to comply with all special conditions, financial reporting, and other requirements as detailed in Attachment A. SECTION 2: Time for Completion. A. The services described in Section 1 shall be commenced on July 1, 2009, and will be completed in accordance with the schedule mutually agreed upon with the City through February 28, 2013. B. Consultant/Provider shall not proceed with any task outside of the grant award without specific authorization from the Project Manager designated by the City. C. There will be no extension of this contract beyond the date outlined above. SECTION 3: Billings, Payment and Reporting. A. That for the Consultant's /Provider's faithful performance of this Agreement, the City hereby agrees to compensate the Consultant/Provider in the amounts and according to Attachment A. B. The above amounts shall fully compensate the Consultant/Provider for all costs. No claim for services and/or costs provided by the Consultant/Provider, not specifically provided for in this Agreement will be honored by the City. Total costs of the project shall not exceed $67,007. C. Consultant/Provider shall submit an itemized invoice as well as detailed backup documents to the City on a quarterly basis. The Consultant/Provider will be provided with the deadline for submitting the detailed backup after the grant reporting deadlines have been finalized. Consultant/Provider shall submit the detailed backup within the budget categories as detailed on Attachment B. Upon receipt of the invoice and verification of the charges by the Project Manager, payment shall be made by the City to Consultant/Provider within thirty (30) days. D. Consultant/Provider shall submit programmatic reporting as requested by the fiscal agent on a quarterly basis. No payments shall be made to Consultant/Provider without programmatic reports completed by the due date. Packet Page Number 240 of 285 E. In the event the Consultant/Provider fails to comply with any terms or conditions of the Agreement or grant award or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in other sections of this Agreement. SECTION 4: Project Management. A. the City requires the Consultant/Provider to assign specific individuals as principal project members and to assure that the major work and coordination will remain the responsibility of these individuals during the term of the Agreement. Removal of any principal project member without replacement by equally qualified individuals or without the prior written approval of the City is grounds for termination of the Agreement by the City. Consultant's /Provider's principal project members are: Chief David Thomalla (651)249- 2602 FAX (651)_249 -2699 B. The City has designated Amy Brown, Research and Grants Manager, as the Project Manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be released. The Project Manager shall have the authority to transmit instructions, receive information, authorize amendments or changes to the Agreement, and interpret and define the City's policies and decisions pertinent to the work covered by this Agreement. SECTION 5: City Responsibilities. A. City agrees to provide Consultant with access to any information from City documents, staff, and other sources needed by Consultant to complete the work described herein. SECTION 6: Work Products, Records, Dissemination of Information. A. For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Consultant's /Provider's services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other form, belonging to Consultant/Provider and pertaining to work performed under this Agreement. Packet Page Number 241 of 285 "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other form, belonging to Consultant/Provider and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that result from the Consultant's/Provider's services under this Agreement shall be delivered to the City and shall become the property of the City after final payment is made to the Consultant/Provider with no right, title, or interest in said work products or supporting documentation vesting in Consultant/Provider. C. The Consultant/Provider agrees not to release, transmit, or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. D. In the event of termination, all documents finished or unfinished, and supporting documentation prepared by the Consultant/Provider under this Agreement, shall be delivered to the City by Consultant/Provider by the termination date and there shall be no further obligation of the City to Consultant/Provider except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination. E. The Consultant/Provider agrees to maintain all business records in such a manner as will readily conform to the terms of this Agreement to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Auditor of the State of Minnesota, or other duly authorized representative. F. Consultant/Provider agrees to abide strictly by Chapter 13, Minnesota Statutes (Minnesota Government Data Practice Act) as well as any other applicable federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units which are now or hereafter promulgated insofar as they relate to the Consultant's/Provider's performance of the provisions of this Agreement. SECTION 7: Equal Opportunity Employment. A. The Consultant/Provider will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. SECTION 8: Compliance with Applicable Law. Consultant/Provider agrees to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Consultant's/Providers performance of the provisions of this Packet Page Number 242 of 285 Agreement. It shall be the obligation of the Consultant /Provider to apply for, pay for, and obtain all permits and /or licenses required. SECTION 9: Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of the Consultant /Provider to the City is that of Independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Consultant/Provider an employee of the City, and Consultant /Provider shall be entitled to none of the rights, privileges, or benefits of Saint Paul employees. SECTION 10: Subcontracting. A. The Consultant /Provider agrees not to enter into any subcontracts for any of the work contemplated under this Agreement (unless specifically outlined in the federal grant) without obtaining prior written approval of the City. SECTION 11: Hold Harmless. That each party will responsible for their own acts or omissions for their employees, agents and officials. Nothing in this agreement shall constitute a waiver by either party of any statutory limits or exception on liability. SECTION 12: Assignment. A. The City and the Consultant/Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Consultant /Provider will assign or transfer their interest in this Agreement without the written consent of the other. SECTION 13: Termination. A. This Agreement will continue in full force and effect until completion of the project as described herein unless either party terminates it at an earlier date. Either party to this Agreement may terminate it by giving no less than thirty (30) days written notice of the intent to terminate to the other party. B. With Cause. The City reserves the right to suspend or terminate this Agreement if the Consultant /Provider violates any of the terms or conditions of this Agreement or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the City. In the event that the City exercises its right to withhold payment or terminate under this Section, it shall submit written notice to the Consultant/Provider, specifying the extent of such withholding or termination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Consultant/Provider shall take all actions necessary to discontinue further commitments of funds to the extent that they relate to the suspended or terminated portions of this Agreement. C. In the event of termination, the City will pay Consultant /Provider for all service actually timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. The Consultant /Provider will deliver all work products and supporting documentation developed up to the date of termination prior to the City rendering final payment for services. Packet Page Number 243 of 285 SECTION 14: Default by Consultant. A. In the event Consultant /Provider fails or neglects to comply with any term or condition of this Agreement or to provide the services stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity. The City shall be entitled to recover reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder. SECTION 15: Amendment or Changes to Agreement. A. City or Consultant/Provider may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 16: Notices. A. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Amy Brow Saint Paul Department 367 Grove Street Saint Paul, MN 55101 1830 County Rd B East_ Maplewood MN, 55109_ SECTION 17: Waiver. A. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provision. SECTION 18: Survival of Obligations. A. The respective obligations of the City and Consultant/Provider under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. B. If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. To Consultant /Provider: Brown David Thomalla Police Department Maplewood Police Packet Page Number 244 of 285 SECTION 19: Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 20: Force Majeure. A. Neither the City nor the Consultant/Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. SECTION 21: Entire Agreement. It is understood and agreed that the entire Agreement supersede all oral agreements and negotiations between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. For the City: Approved as to form: Assistant City Attorney Chief of Police Director, FSO Mayor For the Consultant/Provider: Approved as to form: City Attorney Chief of Police Finance Director Mayor Packet Page Number 245 of 285 Agenda Item M8 MEMORANDUM TO: James Antonen, City Manager FROM: David Fisher, Building Official SUBJECT: Resolution of Support for the Maplewood Area Historical Society for the Bruentrup Heritage Farm DATE: July 15, 2009 INTRODUCTION On June 18, 2009, the historical preservation commission (HPC) made a motion that the city council adopt a resolution of support for the Maplewood Area Historical Society (MARS). This resolution emphasized the HPCs support of the MAHSs efforts to promote Maplewood's history and to acknowledge the special events promoted by the MAHS to celebrate the 10 anniversary of the relocation of the Bruentrup Farm to its present location. RECOMMENDATION Adopt the resolution of support for the Maplewood Area Historical Society's efforts to promote Maplewood's history and to celebrate the 10 anniversary of the relocation of the Bruentrup Farm to its present location. Attachment: 1 Resolution of Appreciation 2 Minutes from Maplewood Historical Preservation Commission June 18, 2009, for the resolution p :com_dvpt\HPC\Resolution of Support for the Maplewood Area Historical Society July 2009 Packet Page Number 246 of 285 Attachment 1 RESOLUTION OF SUPPORT WHEREAS, The Maplewood City Council and the Maplewood Historical Preservation Commission supports the Maplewood Area Historical Society's efforts to promote the history of Maplewood and it's efforts to create a celebration of events for the 10 anniversary of the relocation of the Bruentrup Farm to its present location; and WHEREAS, the Maplewood Area Historical Society has been instrumental in creating the Bruentrup Heritage Farm as a significant example of Maplewood's heritage; and NOW, THEREFORE, BE IT RESOLVED that the City Council, along with the Maplewood Historical Preservation Commission, expresses their support of the Maplewood Area Historical Society's Efforts to create and promote a celebration events for the 10 anniversary of the relocation of the Bruentrup Farm to its present location and, thereby, creating the Bruentrup Heritage Farm. Passed by the Maplewood City Council on , 2009 Diana Longrie, Mayor Passed by the Maplewood Historical Preservation Commission on June 18, 2009 Ron Cockriel, Chairperson Attest. Karen Guilfoile, City Clerk Packet Page Number 247 of 285 Attachment 2 MINUTES MAPLEWOOD HISTORIC PRESERVATION COMMISSION COUNCIL CHAMBERS - CITY HALL June 18, 2009 - 7:00 P.M. 2. ROLL CALL Present: Chair Ron Cockriel, Vice Chair Richard Currie, Commissioners Caleb Anderson, Lu Aurelius, Bob Creager, Al Galbraith, Liaison Dave Fisher, Recorder Lois Behm,Absent: Commissioner Pete Boulay arrived at 7:05. Ron said he believes the Commission should create a Resolution of Support for the 10 Anniversary of moving the Bruentrup Farm buildings, which might help the Society by recognizing all they have done, and might also help with getting the barn dance going. All moved the Commission send a Resolution of Support for the Maplewood Area Historical Society's efforts and their celebration events for the 10 Anniversary of moving the buildings to create the Bruentrup Heritage Farm. Pete seconded the motion, Ayes - All Packet Page Number 248 of 285 TO: FROM: SUBJECT: APPLICANT LOCATION: DATE: INTRODUCTION James Antonen, City Manager Michael Martin, AICP, Planner Conditional Use Permit Review St. Paul Business Center East 1983, 1997, 2025 Sloan Place July 21, 2009 The conditional use permit (CUP) for St. Paul Business Center East is due for review. The CUP allowed for an 85,000- square -foot commercial office and warehouse planned unit development. BACKGROUND June 11, 1984: The city council approved the CUP for the planned unit development. July 8, 1985: The city council approved a one -year time extension of the CUP. August 25, 1986: The city council approved a five -year CUP renewal. August 12, 1991: The city council approved a five -year CUP renewal. Sept 23, 1996: The city council approved a five -year CUP renewal. Nov 13, 2001: The city council approved a one -year CUP renewal. Dec 23, 2002: The city council approved a one -year CUP renewal. December 2003: The city council approved a one -year CUP renewal. February 28, 2005: The city council reviewed this permit and agreed to review again in six months. November 13, 2006: The city council reviewed this permit and agreed to review it again in one year. November 26, 2007: The city council reviewed this permit and agreed to review it again in one year. DISCUSSION On July 10, 1984, the Community Design Review Board (CDRB) approved the building elevations and landscape plan for the St. Paul Business Center East with several conditions (see attached minutes). While reviewing the CUP staff did notice an issue with one of the conditions. The owner will need to address the following CDRB condition: 1) There shall not be any roof - mounted air conditioning units. Since the original construction of the development and without city staff's knowledge, the owners had several roof- mounted air conditioning units installed. The property managers had agreed to paint all roof - mounted equipment brown to match the building. However, upon inspection staff did see a small number of units that are not brown in color. The building owners are required to paint the roof units brown. Staff will work with the owners to ensure the units are painted brown in a timely matter. Staff did not notice any other issues with the site. Packet Page Number 249 of 285 RECOMMENDATION Review the conditional use permit for the St. Paul Business Center East again in one year to ensure compliance with all city conditions of approval. P:sec 18 \st paul business center e_2009_0721 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Community Design Review Board Minutes (July 10, 1984) Packet Page Number 250 of 285 N COUNTY ROAD B SKILLMANA I I I I MT VERNON AVE U) C0 0 DOWNS AVE BEL�10013 AVE I T _ 7 LAURIE RD Attachment 1 ELDRIDGE AVE BELMONT LN SKILLMAN AVE _ � c~n < . ..... . ..... M-F < M (P VERNON AVE TOENJES P ROSELAWN AVE BELLWOOD AVE wern re a in T& St. Paul Business Center - East 1997 - 2025 Sloan Place Packet Page Number 251 of 285 rn O ELDRIDGE AVE BELMONT LN SKILLMAN AVE _ � c~n < . ..... . ..... M-F < M (P VERNON AVE TOENJES P ROSELAWN AVE BELLWOOD AVE wern re a in T& St. Paul Business Center - East 1997 - 2025 Sloan Place Packet Page Number 251 of 285 xUX rU) cf) U)� N 2078 �h--j LO S M Cl) Cl) Co 20�7� 2071 . . . ..... ..... .... — — -- ----- ...... ..... —',— .... ..... ..... ..... ..... 2 "F77--!--F�TT 00Z R063 2022 . . ..... ..... ... . Attachment 2 i 212B^ 1 i 1 1 -2129 212ZJ 21 2q,21 21 2i F U') CO 21621 'iO3 . .. . ..... ..... nn. rx AVE " .. ..... .. . .... . .. ..... . . . . ...... ..... 20 PA 12 95 C Co 20d�d" i 20M 2078 �h--j LO S M Cl) Cl) Co 20�7� 2071 . . . ..... ..... .... — — -- ----- ...... ..... —',— .... ..... ..... ..... ..... 2 "F77--!--F�TT 00Z R063 2022 . . ..... ..... ... . \ \ .:/ d \L \ � � : . . .�� � � � 91 MINUTES OF THE rMAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1381 FROST AVENUE, MAPLEWOOD, MINNESOTA TUESDAY, JULY 10, 1984, 7.30 P.M. Chairman Axdahl called the meeting to order at 7 p.m. II. ROLL GALL Donald Moe Present Tom Deans Present Dean Hedlund Resigned Bob Peterson Present Tod Rovie Present George Ross ach Present • d Member Deans moved approval of the minutes of June 28, 1984 would Secretary Ekstrand indicated that Gulden's like to be added to the agenda for building and site review for reconstruction of the restaurant. toard Member Rossbach moved approval of the agenda as amended. Board Member Deans seconded Ayes - -all V. UNFINISHED BUSINESS Packet Page Number 254 of 285 Packet Page Number 255 of 285 1. The dock side of building #3 shall have the same exterior treatment as the other three sides of the building. 2. A comprehensive sign plan must be submitted to the board for approval. 3. This review does not include approval of this site plan for parking purposes since it is not in compliance. 4. There shall not be any roof—mounted air conditioning units. 5. The landscape plan shall be revised for staff approval to include: e. Sloped bank south of property line (the north property line to the parking area) shall be sodded not fleece flowers. (Also includes west of the east property line along McMenemy) Q All required plant materials that die shall be replaced by the owenr. 7. The applicant shall provide an irrevocable letter of credit in the amount of 150% of the estimated cost of the landscaping if the landscaping has not been installed by occupancy. 8. Sodded and landscaped areas shwon on plan dated 6-27-84 shall be irregated. Board Member Peterson seconded Ayes--all. i A. HCO Gas Station Lloyd Urban owner of Hoffman Corner Oil was present at the meeting and indicated they propose to move their service station at County Road C and White Bear Avenue to the northwest corner. White Bear Avenue will be widened, therefore, the reason for their move. The existing station will be removed. Packet Page Number 256 of 285 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Conditional Use Permit Review PROJECT: St. Paul Regional Water Services (McCarron's Treatment Plant) LOCATION: 1900 Rice Street DATE: July 21, 2009 INTRODUCTION The conditional use permit (CUP) for the St. Paul Regional Water Services (SPRWS) facilities at 1900 Rice Street is due for review. The CUP allowed for the expansion of the facility that includes three new buildings: (1) a two -story 36,000- square -foot office building with 240 parking spaces, (2) a one -story 11,230- square -foot meter shop and warehouse, and (3) a one -story 17,350 - square -foot vehicle maintenance and storage building with associated parking and landscaping features. In addition, a plan to build a cold vehicle storage building was included on the plans. (See the attached maps). BACKGROUND December 15, 1988: The city council approved a CUP for SPRWS to construct a clear -water pond west of Sylvan Street and north of Larpenteur Avenue. June 10, 1996: The city council approved a CUP and design plans for the expansion of the solids dewatering facility. August 11, 1997: The city council approved a CUP and design plans for the construction of two building additions and a new building at the water treatment plant. December 10, 2001: The city council approved a CUP and design plans for the expansion and renovation of the water treatment plant. June 23, 2003: The city council approved a CUP and design plans for the construction of three new buildings on the water services campus. On July 12, 2004, the city council reviewed the CUP and agreed to review it again in one year. On July 25, 2005, the city council reviewed the CUP and agreed to review it again in one year. On August 14, 2006, the city council reviewed this CUP and agreed to review it again in one year. On September 10, 2007, the city council considered this CUP review and tabled action on it to allow city staff and the staff of SPRWS to review the status of landscaping on the site. On November 26, 2007, the city council reviewed the CUP and agreed to review it again in one year. Packet Page Number 257 of 285 DISCUSSION The St. Paul Regional Water Services three newest buildings and the associated parking lots and driveways are complete. The contractor completed the installation of the required landscaping, including the trout stream and buffer restoration (with native trees and grasses), within the campus. Staff visited the site and determined that the landscaping requirements are being met and the site overall is very attractive. Kou Vang, the project engineer for SPRWS indicated to staff that the earliest construction would start on the approved cold vehicle storage buildings is 2010. Because the applicant has not yet finished the project construction, the city should review this conditional use permit again in one year. RECOMMENDATION Review the conditional use permit for the St. Paul Regional Water Services campus at 1900 Rice Street again in one year. P:sec 18 \st paul water utility cup review_2009_0721 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. June 23, 2003, City Council Minutes Packet Page Number 258 of 285 N Location Map St. Paul Water Utility 1900 Rice Street Attachment 1 gig Packet Page Number 259 of 285 Attachment 3 Li 7 Li 17 . ............. AVENUE L I ;C28 G7 a 7 7 Li 17 . ............. AVENUE L I ;C28 MINUTES MAPLEWOOD CITY COUNCIL 7:30 P.M., June 23, 2003 Council Chambers, Municipal Building Meeting No. 03 -13 A. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:30 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present H. PUBLIC HEARINGS 3. 8:55 p.m. St. Paul Regional Water Services — McCarron's Water Treatment Plant a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. C. Commissioner Fischer presented the Planning Commission Report. d. Boardmember Olson presented the Design Review Board Report. e. Jim Butler, architect for the project provided further specifics. Councilmember Koppen moved to adopt the following resolution approving a stream setback variance at the St. Paul Water Regional Water Service at the McCarron's Water Treatment Plant: RESOLUTION 03 -06 -117 STREAM SETBACK VARIANCE WHEREAS, David Wagner, of the Saint Paul Regional Water Services, asked the city to approve a stream setback variance from the zoning ordinance. WHEREAS, this variance applies to the water utility property at 1900 Rice Street. The legal description is: Packet Page Number 262 of 285 City Council 05 -27 -03 1 SECTION 18, TOWNSHIP 29, RANGE 22 IN THE VILLAGE OF MAPLEWOOD REVISED DESCRIPTION NUMBER 175 A SPECIFIC PART OF SEC 18, TN 29, R 22. (PIN 18- 29 -22 -31 -0042) WHEREAS, Section 36- 196(h) of the wetland protection ordinance requires a 60- foot -wide stream buffer area next to streams. WHEREAS, the applicant is proposing a 40- foot -wide stream buffer. WHEREAS, the history of this variance is as follows: 1. On June 2, 2003, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on June 23, 2003. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described variance for the following reasons: Strict enforcement of the code would cause undue hardship because of circumstances unique to the property. The 60- foot -wide stream buffer requirement would make development of this site difficult. 2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would greatly improve a portion of the stream buffer over its present state and the proposed development plans will treat storm water from the site with rainwater gardens, bio- retention basins and other best management practices. Approval is subject to the applicant doing the following: Dedicating a 40- foot -wide stream protection buffer easement along the west property line of the site adjacent to the future cold storage building and creating a buffer along the entire length of the stream contained or bordering their property. The buffer shall be 50 feet wide in all possible areas. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. The applicant shall record this easement before the city issues a building permit. 2. Submitting a revised landscape plan for the restoration of all the stream - protection buffer on the west side of the site, including all the day - lighted parts of Trout Brook. This plan shall show extensive use of native plantings and grasses and shall be subject to city staff and watershed district approval. Packet Page Number 263 of 285 City Council 05 -27 -03 2 3. Installing city approved signs at the edge of the stream - protection buffer that prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to adopt the following resolution approving a conditional use permit revision for the addition of four building a new parking lot and associated site plan changes for the St. Paul Regional Water Services McCarron's Water Treatment Plant at 1900 Rice Street North: CONDITIONAL USE PERMIT REVISION RESOLUTION 03 -06 -118 WHEREAS, the Saint Paul Water Utility has requested a revision to their conditional use permit to add four new buildings, parking and landscaping to plant facilities at the St. Paul Water Utility McCarron's Water Treatment Plant. WHEREAS, this permit applies to the property at 1900 Rice Street North. The legal description is: SECTION 18, TOWNSHIP 29, RANGE 22 IN THE VILLAGE OF MAPLEWOOD REVISED DESCRIPTION NUMBER 175 A SPECIFIC PART OF SEC IS, TN 29, R 22. (PIN 18- 29 -22 -31 -0042) WHEREAS, the history of this conditional use permit is as follows: 1. On June 2, 2003, the planning commission recommended that the city council approve this permit. 2. On June 23 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approves this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 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 Packet Page Number 264 of 285 City Council 05 -27 -03 3 nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1_ All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to adopt the design plans for the St. Paul Regional Water Services McCarron's Water Treatment Plant at 1900 Rice Street North: Approve the plans (date- stamped April 24, 2003) for the proposed office building, meter shop and vehicle maintenance buildings {with the associated parking and landscaping) at the St. Paul Regional Water Services McCarron's Water Treatment Plant at 1900 Rice Street North. This approval does not include the future cold vehicle storage building shown on the plans along the west side of the site. The city bases this approval on findings required by the code. The property owner or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a permit for this project. 2. Provide the following for city staff approval before the city issues a grading or building permit: Packet Page Number 265 of 285 City Council 05 -27 -03 4 a. Building material and color samples of the plaster, metal panels, roofs, trim, and garage doors. b. A revised landscape /screening plan that shows the following: (1) The spruce trees proposed for the south and east sides of the parking lot and the property revised from 6 feet in height to 8 feet in height. (2) The planting of more coniferous trees along the south and east sides of the proposed parking lot to help screen the parking lot from the houses to the south and east. (3) Landscaping details for the stream buffer area and for the proposed rainwater gardens. If the basin area will only be seeded, the area must be vegetated with native grasses and forbes. The mix design must be approved by the city before the contractor does the seeding. (4) An in- ground irrigation system (including sprinkler heads) for the areas that would have sod. The city does not require irrigation for areas with native grasses or for the rainwater gardens. c. Detailed grading, drainage, paving, utility and erosion control plan for approval by the Assistant City Engineer. These plans shall meet all the requirements of the Assistant City Engineer. d. A detailed photometric plan for all proposed outdoor lighting showing the location, style, height and design of the proposed light fixtures. All freestanding lights shall not be taller than 25 feet, and the illumination from any outdoor light must not exceed 0.4 -foot candles at all property lines. e. Plans for any trash - dumpster enclosures. The gates for such enclosures shall be 100 percent opaque, and the materials and colors of the enclosure shall be compatible with those of the new buildings. These plans shall be subject to staff approval. f Proof of recording of a 40- foot -wide stream protection buffer easement along the west property line. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city issues a building permit. g. A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete and install all required exterior improvements, including the approved landscaping and any dumpster enclosures before occupying the buildings. Packet Page Number 266 of 285 City Council 05 -27 -03 5 4. If any required work is not done, the city may allow temporary occupancy if: The city determines that the work is not essential to the public health, safety or welfare. b. The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes -All Packet Page Number 267 of 285 City Council 05 -27 -03 6 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Conditional Use Permit Review PROJECT: Liberty Classical Academy and First Evangelical Free Church LOCATION: 2696 Hazelwood Street DATE: July 21, 2009 INTRODUCTION The conditional use permit (CUP) for a planned unit development (PUD) for the properties at 2696 — 2730 Hazelwood is due for review. This PUD is for a church, for a seniors housing building and for a school to operate in the building at 2696 Hazelwood Street. Ms. Rebekah Hagstrom, representing Liberty Classical Academy, opened a branch of their school in August 2006 in an existing church building (see the attached maps). Maplewood city code requires a CUP for a school in any location. BACKGROUND On July 10, 2006, the city council approved a revision to the existing PUD for the properties at 2696 — 2730 Hazelwood Street to allow the addition of a school to the PUD. This approval was subject to six conditions of approval. (See the attached city council minutes) August 16, 2007: The city council approved the CUP review and agreed to review it again in one year. DISCUSSION The school is in operation and they currently have 58 students enrolled in 6th through 12th grades and expect additional incoming students by this fall. In addition to the enrolled students, the school operates a preschool at the site. A required CUP review for this PUD is now necessary. City staff is not aware of any issues with this school and we have not received any complaints since the city approved the CUP and since the school opened in this location. RECOMMENDATION Review the conditional use permit for the planned unit development at 2696 — 2730 Hazelwood Street again in one year. P:sec 3 \LCA & First Evan Free CUP Review_2009_0721 Attachments: 1. Location Map 2. Area Map 3. Site Plan 4. Floor Plans 5. 07 -10 -06 city council minutes Packet Page Number 268 of 285 Z\ N -j Location Map First Evangelical Free Church Packet Page Number 269 of 285 2696 Hazelwood Street BEAMAVE Z\ N � 2759 2747 2737 ............... .............. 27 1 2727 .................. 2707 2699 )_c ..... -- -- -- -- -- -- ---- ---- -- - M -- ---- -- -- ------------------ ------ CD C) Of) CD ........... ............ Area Map First Evangelical Free Church Packet Page Number 270 of 285 2696 Hazelwood Street Attachment 6 r -4 I :, '� 1 1- - 4 1 7'( sr I 4 Packet Page Number 271 of 285 A7 III '1 c 6 111 t I 4 Packet Page Number 271 of 285 •y i E MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2006 Council Chambers, City Hall Meeting No. 06 -18 A. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:10 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present L. NEW BUSINESS 4. Conditional Use Permit Revision — Liberty Classical Academy (2696 Hazelwood Street) a. Planner Roberts presented the report, b. Rebecca Hagstrom, Director of Liberty Classical Academy, was present for council questions. C. Planning Commissioner Fisher provided the Planning Commission Report. Councilmember Rossbach moved to adopt the following resolution revising and extending the time for the conditional use permit for the planned unit development at 2696 -2730 Hazelwood Street. The revision adds a school to the approved uses (the church and the day care). Maplewood bases this permit revision on the findinas reauired by the code and subiect to the followina conditions (new words are underlined and deleted words are crossed out CONDITIONAL USE PERMIT REVISION RESOLUTION 06 -07 -086 WHEREAS, First Evangelical Free Church and Liberty Classical Academy applied for a revision of the conditional use permit for a PUD to add a school as a land use to the building at 2696 Hazelwood Street that now has a church and day -care; WHEREAS, the PUD now includes the 75 -unit, Hazel Ridge Seniors' Residence, a church and a day care center; WHEREAS, this permit applies to 2696 and 2730 Hazelwood Street. The legal descriptions are: PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE'l4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH N ON SD EL 341.4 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH S 133 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE) IN SEC 3 TN 29 RN 22. (PID 03- 29 -22 -43 -0007) 07 -10 -06 City Council Meeting Packet Page Number 273 of 285 2. PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE'f4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH S ON SD EL 458.6 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH N 667 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE & ESMT) IN SEC 3 TN 29 RN 22. (PID 03- 39 -33 -43 -0008) WHEREAS, the history of this conditional use permit is as follows: On June 19, 2006, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On July 10, 2006, 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 approve the above- described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans that the City stamped July 24, 1995, subject to the following conditions: a. All construction shall follow the site plan approved by the city and the school shall follow the building and floor plans submitted to the city The Interim Director of Community Development may approve minor changes. The City Council may approve major changes. 07 -10 -06 City Council Meeting Packet Page Number 274 of 285 b. Dropping the two parking spaces along the south property line at the east end of the parking lot. 2. The proposed school use on the property parking lot expansion construction must be started within one year after the council approves this revised permit or the permit shall end. The Council may extend this deadline for one year. 3. The council shall review this permit revision in one year. 4. The school shall have no more than 500 students. 5. The property owner or manager shall sweep and restripe the parking lot before the school occupies their space. This shall include having the required handicapped parking spaces in the parking area near the building entrance. 6. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make any necessary or required life safety and building improvements to the building. This plan shall include the installation and maintenance of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. Updated doors and hardware (if necessary). e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessary. Seconded by Mayor Longrie Ayes -All 07 -10 -06 City Council Meeting Packet Page Number 275 of 285 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Conditional Use Permit Termination PROJECT: Liberty Classical Academy LOCATION: 1717 English Street DATE: July 21, 2009 INTRODUCTION The conditional use permit (CUP) for Liberty Classical Academy at 1717 English Street is due for review. The CUP allows a private school for up to 120 students to operate in the Lake Phalen Community Church. (See the maps attached to this report) BACKGROUND On July 22, 2003, the city approved the conditional use permit for Liberty Classical Academy. This approval was subject to six conditions of approval. On June 13, 2005, the city council reviewed the CUP and approved an amendment to the permit. This change allowed the school to expand from a maximum of 60 students to a maximum of 120 students. The council also agreed to review the permit revision in one year. On July 10, 2006, the city council approved a PUD amendment for the property at 2696 Hazelwood Street. This revision allows Liberty Classical Academy to operate a school for up to 500 students in the First Evangelical Free Church. On, August 28, 2006, the city council reviewed the CUP for the school at 1717 English Street. During this meeting, the city council, at the request of a neighbor added several conditions of approval for the school. One of these conditions set the maximum numbers of students the school may have at this location at 60. On September 25, 2006, the city council reconsidered the condition only allowing the school to have 60 students and approved the school to allow the previously allowed amount of students at 120. On August 27, 2007, the city council approved the CUP review and agreed to review it again in one year. DISCUSSION Liberty Classical Academy has been operating the school in the Lake Phalen Community Church since the fall of 2003. The school has recently informed city staff that it is moving its lower school location from 1717 English Street to a new campus in White Bear Lake. Liberty Classical Academy does not have any office functions remaining at 1717 English Street and has completely left this location. Staff did contact Lake Phalen Community Church and confirmed that the church has no plans as of now to house a school. Packet Page Number 276 of 285 Considering the school is no longer in operation and that staff has fielded recent complaints from neighbors about the school, staff recommends that the city council take formal action by adopting the attached Resolution of Termination. Code Requirement Section 44 -1101 of the zoning code states that the city council may terminate a CUP if the use is no longer in effect. RECOMMENDATION Adopt the resolution terminating the conditional use permit for a school at 1717 English Street since a school is no longer in operation. P:sec 16 \LCA cup review_2009_0721 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. June 13, 2005, City Council Minutes 5. Resolution for CUP Termination Packet Page Number 277 of 285 N r a >` :.- � � i .—, T , I a v A D + E flv nEi � ti I} t m FT 71 F7 E--I �_. ..._ `''III IK- t x,.. a T ,.4 ..3.._ ... _ P t ELL ------- ... f, ] _ t p l.. I r- od h1 Pr" ..i....� i r` t 3i o I - p � I _ t 3 I i t I f i j t t 7 .... L _ l 1 _.._... r u i v � t E j Location Map 1717 English Street Packet Page Number 278 of 285 Z\ Packet Page Number 279 of 285 7 Lp �3 Ej 17 ' 1�7 9 I wj 17 17 U 177 ............. x,7;0 z 17 47 1 747 3 LLL 17311 � 7............... I 7; 19 SITE �3 1 )5 L d n,7 RAVE Zoning Map 1717 English Street Packet Page Number 279 of 285 7 Attachment MAPLEWOOD CITY COUNCIL 1:00 P.M. Monday, June 13, 2005 Council Chambers, City Hall Meeting No. 05-11 9. Conditional Use Permit (CUP) Revision — Liberty Classical Academy (1717 English Street) a. City Manager Fursman presented the report. mom cl. Commissioner Ahiness, presented the Maplewood Planning Commission Report. cl, The following persons were heard: ffMMM&1= r WHEREAS, Ms. Kathy Smith, representing Liberty Classical Academy, is requesting that Maplewood approve a revision to the conditional use permit for a school to operate in an existing church. 2, On June 13, 2005, the city council reviewed this proposal. At this meeting the council considered reports and recommendations of the city staff and planning commission. The council also gave everyone at the meeting a chance to speak and present written statements. Packet Page Number 281 of 285 b. An early warning fire protection system (smoke detection and monitoring), c. Additional emergency lights and exit signs (if necessary), Packet Page Number 282 of 285 moo= 11 IIIII I III ;II ; Ij Seconded by Councilmernber Rossbach Ayes-All Packet Page Number 283 of 285 CONDITIONAL USE PERMIT TERMINATION RESOLUTION WHEREAS, Liberty Classical Academy, received approval from the Maplewood City Council on July 22, 2003, for a conditional use permit allowing for a school to operate in an existing church building. WHEREAS, Liberty Classical Academy subsequently notified the City of Maplewood that the school is moving and therefore has no need for this conditional use permit. WHEREAS, this permit applies to the property at 1717 English Street. The legal description is: The North 262 feet of the South 531.5 feet of the East 'IZ of the SE 'l4 of the SE 'l4, subject to streets, in Section 16, Township 29, Range 22 (PIN 16- 29 -22 -44 -0021) WHEREAS, the history of this conditional use permit termination is as follows: 1. On , 2009, the city council this conditional use permit since the applicant, Liberty Classical Academy, no longer operates a school in an existing church building located at 1717 English Street. NOW, THEREFORE, BE IT RESOLVED that the city council the above - described conditional use permit because Liberty Classical Academy no longer operates a school in an existing church building. The Maplewood City Council approved this resolution of termination on 2009. Packet Page Number 284 of 285 AGENDA REPORT TO: James Antonen, City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Purchase of a Used Ambulance and Upgrades DATE: July 22, 2009 INTRODUCTION Presently, we have one backup ambulance in service. This ambulance is in very poor condition and we will need to put considerable funds in it to keep it safe and reliable. This ambulance is a 1993 Road Rescue E350 with 115,604 miles and is used extensively when our other five ambulances are in for repair or in service on calls. Our plan was that in 2009 when we refurbished one of our ambulances, we were going to take the chassis from the one being refurbished and put the ambulance box from our reserve ambulance on that chassis. This was going to cost us approximately $25,000 to $30,000. After reviewing this idea with the manufacturer, it was determined that due to the age of the old ambulance, much of the wiring harnesses and other electrical connections would not work. In other words, the chassis that we were planning to put the old ambulance box on is not compatible. Recently, Oakdale Fire received a new ambulance and is in the process of selling one of their ambulances. For a used ambulance it is in excellent shape and will meet our needs. In 2010, we were planning on adding the necessary equipment on our current backup ambulance to give it bariatric capabilities. Our calls continue to increase for customers who need bariatric ambulance capabilities. By purchasing this used ambulance, making the necessary changes and adding the bariatric capabilities, this allows us more flexibility in how we use our backup ambulance and provides a reliable and safe unit. We have an opportunity to buy a used ambulance from Oakdale Fire in the amount of $10,500 plus tax. We will need to put an additional $5,000 getting it uniformed to our other ambulances and an additional $6,000 on the necessary equipment to give it bariatric capabilities. The purchase of the used ambulance and the upgrades has not been budgeted for in the 2009 budget. However, we do have the funds available in the reserve of the EMS fund for this purchase with additional funds still remaining in reserve. The general fund will not be affected by this purchase. RECOMMENDATION I recommend that the city council approve the purchase of a used ambulance and the necessary upgrades in the amount of $22,182 from the EMS reserve. Packet Page Number 285 of 285