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Home My WebLink About2009 08-10 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, August 10, 2009 City Hall, Council Chambers Meeting No. 16 -09 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country. C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. " Z191TIA a �. E. APPROVAL OF MINUTES 1. Approval of the Continuation of the July 13, 2009, City Council Meeting Minutes for July 20, 2009 2. Approval of the July 27, 2009, City Council Workshop Minutes 3. Approval of the July 27, 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 11.) H. COUNCIL PRESENTATIONS APPOINTMENTS AND PRESENTATIONS J. PUBLIC HEARINGS 1. Stillwater Road /TH 5 Improvements, Project 09 -04 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement After Public Hearing K. UNFINISHED BUSINESS 1. Consider Amending Chapter 12 Building and Building Regulations and Call For First Reading On August 24, 2009. 2. Conditional Use Permit Review — Beaver Lake Town Houses, Maryland Avenue and Lakewood Drive L. NEW BUSINESS 1. Hills & Dales Area Street Improvements, City Project 09 -15, Resolution Ordering Preparation Of Feasibility Study 2. Consider Resolution of Support for Gladstone Neighborhood Livable Communities Grant M. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of Resolution Certifying Election Judges For The September 15, 2009, Municipal Primary Election 3. Approval of Temporary Gambling Permit And Fee Waiver — Church Of St. Jerome's 4. Approval To Pay For All- Electric GEM Car 5. Consider Approval Of Acceptance Of Donation From The Lawrence Ellisen Family For A Memorial Park Bench At Sunset Ridge Park 6. Conditional Use Permit Review — Costco — 1431 Beam Avenue 7. Conditional Use Permit Review Heritage Square PUD, Legacy Parkway and Kennard Street 8. Conditional Use Permit Review — Carefree Cottages Villas (Phase IV), 1735 and 1737 Gervais Avenue 9. White Bear Avenue Improvements (County Road D Portion), Project 08 -13, Resolution Approving Plans And Specs and Authorizing Ad For Bids 10. Approval Of Resolution Setting Miscellaneous Fees N. AWARD OF BIDS 1. Markham Pond Retaining Wall Improvement — City Project 05 -18 — Consider Resolution Receiving Bids and Awarding Construction Contract 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. : 1111l*& 41;99]► Tl 116'1 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 AGENDA ITEM E1 CONTINUATION OF THE JULY 13, 2009, CITY COUNCIL MEETING MONDAY, JULY 20, 2009, AT 5:00 P.M. IN COUNCIL CHAMBERS 1. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:03 p.m. by Mayor Longrie. B. 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 K. UNFINISHED BUSINESS 1. Consider Resolution Approving Extension To Open Space Purchase Option Within Carver Crossing Development Contract (Tabled to July 27, 2009) 2. Resolution To Revise the 2009 Budget a. Reduce 2009 Revenue Estimates b. Reduce 2009 Expenditure Summary c. Revise 2009 Fund Transfers i. Finance Director, Bob Mittet gave the report and answered questions of the council Councilmember Nephew moved to approve the resolution that adjusts the 2009 Budget reducing the revenue estimates to $17,019,403 and expenditures to $17,205,726 and to authorize fund transfers in the aggregate total of a reduction of $22,525. RESOLUTION 09 -07 -218 AUTHORIZING A REVISION TO THE 2009 REDUCING REVENUE ESTIMATES REDUCING AUTHORIZED EXPENDITURES APPROVING FUND TRANSFERS WHEREAS, after a duly called Public Hearing held on December 8, 2008, the City Council adopted a resolution certifying taxes payable in 2009, and WHEREAS, after said Public Hearing the City Council adopted a resolution adopting the 2009 Budget, and WHEREAS, the City Manager has reported on anticipated shortfalls in revenue in 2009 and proposed a plan for a reduction in expenditures and a revision to fund transfers to accommodate a fund balance reserve in the General Fund that provides for adequate reserves for City operations. July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 3 of 159 1 City Council Meeting Minutes NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEOOD, THAT: 1. That the Finance Director is hereby authorized to revise the 2009 Budget as follows: a. Revenue estimates shall be reduced in the appropriate funds as follow: i. Government Aids as MVHC: $524,877 ii. Property Tax Receipts: $264,000 iii. Interest of Investments: $150,000 iv. Building permit and plan review fees: $500,000 v. Passport /License Fees: $ 40,000 2. That the Finance Director is hereby authorized to revise the 2009 Budget as follows: a. Expenditures authorizations shall be reduced in the appropriate accounts as follows: i. Various accounts for fuel $102,957 ii. Various accounts for 5 personnel $248,186 iii. Transfers from Community Dev to Pub Wks $ 86,030 iv. Personnel costs in Police for delays $ 95,000 v. Personnel costs in Admin for City Mgr $ 28,440 vi. Personnel Costs in Admin for Sr. Asst. $ 9,760 vii. Personnel Costs in Finance for Intern $ 10,000 viii. Reduced transfer to MCC Account $ 79,780 ix. Reduced transfer to Rec Prog Fund $ 43,550 x. Various across the board expenditures $263,458 1. Citizen Services $ 17,861 2. Comm Development $ 24,168 ` 3. Finance $ 9,962 4. Fire $ 27,365 5. Police $109,542 6. Public Works $ 58,006 7. Executive $ 14,983 8. Legislative $ ' 2,231 3. The Finance Director is hereby authorized to implement the following fund transfers: a. Transfers shall be revised as follows: i. From the Employee Benefit Fund to General Fund $480,000 ii. From the General Fund to the CIP Fund $ 0 iii. From the General Fund to the Fire Truck Replace Fund $ 99,640 iv. From the General Fund to the Debt Service Fund $421,125 Seconded by Councilmember Rossbach. Ayes — All The motion passed. L. NEW BUSINESS 3. Discussion On Administrative Citations — Councilmember Nephew a. Councilmember John Nephew reported. b. City Attorney, Alan Kantrud answered questions of the council. c. Maplewood Police Chief, Dave Thomalla answered questions of the council. This was a no action item. 4. Acceptance Of Comprehensive Annual Financial Report a. Finance Director, Bob Mittet gave the report. Councilmember Rossbach moved to approve the Comprehensive Annual Financial Report. July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 4 of 159 2 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes — All The motion passed. 5. Suspension Of The Maplewood Monthly Council Corner — Councilmember Nephew This was discussed at the meeting of July 13, 2009. a. Councilmember Nephew gave the report. b. City Attorney, Alan Kantrud answered questions of the council. 1. Anne Fosburgh, 2516 Idaho Avenue East, Maplewood. (spoke twice) (Ms. Fosburgh presented the city clerk with a petition) 2. Veronica Sletten, 2747 Clarence Street North, Maplewood. 3. Robert Martin, 2329 Londin Lane, Maplewood. 4. Joseph Waters, 2393 Hazelwood Street, Maplewood. 5. Mark Jenkins, 830 Century Boulevard, Maplewood. Mayor Longrie read aloud the article she wrote for the August Maplewood Monthly which was provided for the permanent record. Councilmember Rossbach moved to approve the resolution suspending the city council column in Seconded by Councilmember Nephew. The vote was not called. Councilmember Rossbach Seconded by Councilme Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie The motion passed to adjourn. July 20, 2009 The council discussed this item again. The following statement was read aloud by Councilmember Nephew who wanted his statement noted for the permanent record which was submitted to the city clerk for the record both in written and electronic form. I hereby withdraw my second for the resolution in item L5 to suspend the Council Corner column. To explain my decision, I am submitting this statement for the record. I ask that this statement be included in the minutes in its entirety. I still support this resolution in principle. However, I can no longer vote for it in good conscience, because to do so would mean giving an even greater advantage to the person who manipulated the rules and her authority as chair for her own benefit, to prevent it from being passed a week ON July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 5 of 159 3 City Council Meeting Minutes This episode makes clear to all observers the power that a mayor holds simply by being chair, even if she has a minority of support on the council. I believe that, by keeping last Monday's meeting running long into the night, inhibiting its progress at every step, even going so far as to spend twenty minutes reading an extended version of the lengthy letter she wished to publish in the August newsletter, she purposely delayed a timely vote on this resolution. The result of the delay, as I am sure was intended, was that the August newsletter already has gone to press with her article included. To pass the resolution now would only serve to magnify her unfair advantage over others. As individuals, councilmembers may choose not to run columns as they are scheduled this fall, if they feel it is inappropriate. I believe both Will and Kathy indicated at our last meeting that they would voluntarily abstain from writing in the newsletter during their campaigns. They should be given the opportunity to make that choice and to receive credit for doing the right thing, just as the mayor made her choice to get her taxpayer- funded campaign message out by any means necessary. In the place of the original motion, I would like to offer a substitute motion to table this resolution until January 2010. At that time the council takes up its annual review of council policy and procedures. Long ahead of the next campaign, the new council can engage in a discussion about what is or is not appropriate use of the city newsletter during election season. Councilmember Rossbach Councilmember Nephew moved to withd Seconded by Councilmember Rosst The motion passed. nd to the motion to suspend the motion of Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle Mayor Longrie wanted her comments noted for the record. Mayor Longrie said for the record in looking at this agenda item at the last council meeting the total agenda item ran for 1 314 hour. Any citizen who wants to take a look at how much time each person and citizen spent talking on this comparing that to any other agenda item, and Mayor Longrie didn't think a person could clearly attribute the time into the night of the meeting to any particular agenda item that was on the agenda that evening. Mayor Longrie said Dr. Julie Binko asked to be recognized on this agenda item and requested to read her statement aloud. Dr. Julie Binko, 1949 Greenbrier Street, Maplewood. Dr. Binko stated that she spent five hours preparing a statement which she read aloud. July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 6 of 159 4 City Council Meeting Minutes Councilmember Nephew made a motion to call for the orders of the day, which is a procedural motion that asks that the council adhere to the agenda that has been approved and to proceed to item L6. These other matters can resolve themselves in the fullness of time between now and the future meetino. Mayor Longrie recognized City Manager, Antonen to read aloud the rules of procedure. City Manager, James Antonen read aloud the rules of procedure. Mayor Longrie stated that Dr. Binko should work with City Manager Antonen to get her discussion item on the next city council agenda in order for her to continue to be heard. No second to the motion was needed. But Mayor Longrie called to question. All Councilmembers voted Aye. 6. Approval To Pay For Agent Commission For Insurance Policies a. Finance Director, Bob Mittet gave the report. Councilmember Rossbach moved to approve retaining Arthur J. Gallagher and Company as the insurance agent at a cost of $14,500.00. Seconded by Councilmember Juenemann The motion passed. — Councilmembers Juenemann, Nephew & Rossbach ayor Longrie ouncilmember Hjelle M. CONSENT AGENDA Councilmember Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Councilmember Hjelle moved to approve item 5. Seconded by Mayor Longrie. Ayes — All The motion passed. 3. Councilmember Juenemann moved to approve items 8, 9, & 10. Seconded by Councilmember Hjelle. Ayes — All The motion passed. July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 7 of 159 5 City Council Meeting Minutes 1. Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 135,005.81 Checks # 78682 thru # 78730 Dated 06/12/09 thru 06/23/09 $ 310,305.26 Disbursements via debits to checking account Dated 06/12/09 thru 06/19/09 $ 616,469.43 Checks # 78731 thru # 78789 Dated 06/26/09 thru 06/30/09 $ 127,414.43 Disbursements via debits to checking account dated 06/19/09 thru 06/26/09 $ 113,425.78 Checks #78790 thru #78827 Dated 07/01/09 thru 07/07/09 $ 324,828.94 Disbursements via debits to checking account Dated 06/26/09 thru 07/03/09 $ Total Accounts Payable 1,627,449.65 PAYROLL $ 506,708.20 Payroll Checks and Direct Deposits dated 06/26/09 $ 2,483.34 Payroll Deduction check #1007352 thru #1007353 dated 06/26/09 $ Total Payroll 509,191.54 TAL Seconded by Councilme The motion passed. Ayes — All 3. Carsgrove Meadows Area Street Improvement, Project 08 -10, Resolution Directing Modification Of Existing Construction Contract, Change Order No. 1 Councilmember Hjelle moved to approve the resolution directing modification of existing construction contract change order No. 1 for City Proiect 08 -10. July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 8 of 159 6 City Council Meeting Minutes RESOLUTION 09 -07 -219 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08 -10, CHANGE ORDER NOA WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 08 -10, Carsgrove Meadows Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 08 -10, 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 $32,022.90. The revised contract amount is $1,848,806.90. Adopted this 20 day of July 2009 Seconded by Councilmember Nephew. Ayes — All The motion passed. 4. Resolution To Request Adoption Of 2009 Pay Rates For Temporary/Seasonal, Casual Part - Time Employees — Mid Year Minimum Wage Amendment Councilmember Hjelle TION 09 -07 -220 WHEREAS, according to the Minnesota Public Employees Labor Relations act, part -time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full -time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part -time (14 hours or fewer/wk) and paid- per -call employees effective July 18, 2009, upon Council approval. Accountant $10.00 -30.00 per hour Accounting Technician $9.00 -22.00 per hour Administrative Assistant $9.00 -23.00 per hour Background Investigator $25.00 -35.00 per hour Building Inspector $14.00 -35.00 per hour Building Attendant $7.25 -15.00 per hour Customer Service Assistant $7.25 -15.00 per hour CSO $8.00 -16.00 per hour Data Entry Operator $8.00 -12.00 per hour Election Judge $7.25 -12.00 per hour Election Judge - Assistant Chair $9.00 -15.00 per hour July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 9 of 159 7 City Council Meeting Minutes Election Precinct Chair Engineering Aide Engineering Technician Fire Department Custodian Firefighter- Paid - Per -Call $9 �� $7. 00-16 . �� $1 0 . 00-16 . �� $ 600-6 •� • t .� Firefighter -Paid- Per -Call - Paramedic Call Pay Intern IT Technician Laborer Lifeguard Manager on Duty Differential Office Specialist Paramedic Receptionist Recreation Instructor /Leader Recreation Official Recreation Worker Theater Technician Vehicle Technician Video Coordinator* Video Technician* Water Safety Instructor (WSI) WSI & Head Lifeguard Differential (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) *Video positions shall be paid a gua BE IT FURTHER RESOLVED, that the City within the above ranges. Seconded by Councilmember Nephew. The motion passed. $18.00 $32.48 $7.25 -20.00 $15.00 -20.00 $7.25 -14.00 $7.25 -14.00 $1.00 $8.50 -18.00 $17.00 -22.00 $8.00 -16.00 $7.25 -32.00 $7.25 -30.00 $7.25 -18.00 $20.00 -30.00 $9.00 -15.00 $11.00 -1 9.00 $10.00 -18.00 $7.50 -10.00 $1.00 per hour per hour per hour per quarter per run per drill per run per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour fee of $50 for 4 hours or less. r shall have the authority to set the pay rate Ayes - All 5. Approval To Purchase Police Department Property Room Shelving Upgrade Councilmember Hjelle moved to approve expending funds to purchase a mobile shelving system from TAB for $23,489.62. Seconded by Mayor Longrie. Ayes - All The motion passed. 6. Approval Of Transfers For 2008 Councilmember Hjelle moved to approve transfers of $28,013.50 as of December 31, 2008, and closure of the funds. Seconded by Councilmember Nephew. Ayes - All The motion passed. July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 10 of 159 8 City Council Meeting Minutes 7. 8. Approval Of Geotechnical Services For Stillwater Road Improvements, Project 09 -04 Councilmember Hjelle moved to approve the contract with Braun Intertec for soil borings and a geotechnical evaluation for the Stillwater Road Improvements in the amount of $14,259.00. Seconded by Councilmember Nephew. Ayes — All The motion passed. Resolution Accepting Youth Scholarship Donation From Jerome And Audrey Hughes Councilmember Juenemann moved to approve the resolution for the donation from Jerome and Audrey Hughes in the amount of $100. RESOLUTION 09 -07 -221 WHEREAS the Citizen Services Department - Recreation has received a $100 donation from Jerome and Audrey Hughes for the Youth Scholarship fund; and WHEREAS this fund provides a 213 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Citizen Services Department - Recreation to accept this $100 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on July 20, 2009. SIGNED: WITNESSED: (Signature) (Signature) Mayor City Clerk (Title) (Title) (Date) (Date) Seconded by Councilmember Hjelle. Ayes — All The motion passed. 9. Resolution Accepting Youth Scholarship Donation From Bruce And Marjorie Cuthbert Councilmember Juenemann moved to approve the resolution for the donation from Bruce and Marjorie Cuthbert for $250. July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 11 of 159 9 City Council Meeting Minutes RESOLUTION 09 -07 -222 WHEREAS the Citizen Services Department - Recreation has received a $250 donation from Bruce and Marjorie Cuthbert for the Youth Scholarship fund; and WHEREAS this fund provides a 213 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Citizen Services Department - Recreation to accept this $250 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on July 20, 2009. SIGNED: 10 (Signature) (Signature) Seconded by Councilmember Hjelle. The motion passed. Resolution Accepting Y n From Bruce Mogren, Incorporated WHEREAS the Citizen Services Department - Recreation has received a $100 donation from Bruce Mogren, Incorporated for the Youth Scholarship fund; and WHEREAS this fund provides a 213 reduction of the cost for youths to participate in recreation programs offered by the City of Maplewood; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Citizen Services Department - Recreation to accept this $100 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on July 20, 2009. SIGNED: WITNESSED: WITNESSED: (Signature) (Signature) July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 12 of 159 10 City Council Meeting Minutes RESOLUTION 09 -07 -223 Mayor City Clerk (Title) (Title) z (Date) (Date) Seconded by Councilmember Hjelle. The motion passed. VISITOR PRESENTATIONS — PART 11 None. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:35 p.m Ayes — All July 20, 2009 A Continuation of July 13, 2009 Packet Page Number 13 of 159 11 City Council Meeting Minutes 0 A A FBI ri MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 p.m., Monday, July 27, 2009 Council Chambers, City Hall 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 5:00 p.m. by Mayor Longrie. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Present Present Present Present Councilmember Rossbach moved to approve Seconded by Mayor Longrie. The motion passed. UNFINISHED BUSINESS' None. mcla as submitted. Ayes — All NEW BUSINESS 1. Presentation On City Council Policy And Procedures For Boards And Commissions a. City Manager, James Antonen gave generalities of the report. b. City Attorney, Alan Kantrud gave further specifics of the report. Mayor Longrie adjourned the meeting at 6 :30 p.m. July 27, 2009 City Council Manager Workshop Minutes Packet Page Number 14 of 159 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, July 27, 2009 Council Chambers, City Hall Meeting No. 15 -09 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 6:30 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE re • Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA Councilmembers added the following items to the agenda: H1. National Night Out — Councilmember Juenemann H2. Applewood Park — Councilmember Hjelle H3. Code Compliance Questions — Mayor Longrie H4. Letter from the Ramsey County' Fair Board — Mayor Longrie Councilmember Nephew moved to approve the agenda as amende Seconded by Councilmember Rosbach. Ayes — All The motion passed. E. APPROVAL OF MINUTES Approval of July 6, 2009 Council Workshop Minutes Councilmember Nephew said the Closed Session Minutes should indicate the closed session meeting was closed between Wipers Recycling and the City of Maplewood. Councilmember Nephew moved to approve the July 6, 2009, Council Workshop Minutes as amended. Seconded by Mayor Longrie. Ayes — All The motion passed. July 27, 2009 Packet Page Number 15 of 159 1 City Council Meeting Minutes Approval of July 6, 2009, City Council Meeting Minutes Councilmember Nephew moved to approve the July 6, 2009, City Council Meeting Minutes as submitted_ Seconded by Councilmember Juenemann. Ayes — All The motion passed. Approval of July 13, 2009, City Council Workshop Minutes Councilmember Nephew moved to approve the July 13, 2009, City Council Workshop Minutes as submitted. Seconded by Councilmember Rossbach. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstention — Councilmember Hjelle The motion passed Approval of July 13, 2009, City Council Meeting Minutes Councilmember Nephew had corrections to J1. on page 4 and 5 of the minutes or packet page number 11 and 12 of 284. The word GEC} should be changed to G.O. for General Obligation Bonds in both locations. Another correction is on page ' remainder of the agenda items number 17 of 284 the motion was to table the the agenda items. Lastly on page 11, or packet page number 18 of 284, the motion to adjourn the meeting until July 20, 2009, that was called to question should not list Councilmember Juenemann because she departed early from the meeting. Councilmember Juenemann moved to approve the July 13, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Nephew. Ayes — All The motion passed. F. VISITOR PRESENTATIONS — PART I 1. Mark Bradley, 2164 Woodlyn Avenue, Maplewood. Mr. Bradley discussed stimulus money and what the city should do with the money in Maplewood. He discussed the direct route of Highway 694 with the redevelopment of White Bear Avenue and the loss of retail business that is going to occur during the redevelopment and the impact on the tax base. 2. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick discussed Greenway tying into Fish Creek and Copar. He also discussed the death of Maplewood resident Jay Libby. July 27, 2009 Packet Page Number 16 of 159 2 City Council Meeting Minutes A In ADMINISTRATIVE PRESENTATIONS 1. Notice of City Council Manager Work Session Meeting —August 3, 2009,5:00 p.m. a. City Manager, James Antonen informed the council of the meeting. 2. Announcement Of Taste Of Maplewood And Related Activities a. Citizen Services Director, Karen Guilfoile spoke regarding the Taste of Maplewood event on August 13, 200, from 4:00 -9:00 p.m. COUNCIL PRESENTATIONS National Night Out — Councilmember Juenemann Reminder that National Night Out is August 4, 2009. J. 2. Applewood Park — Councilmember Hjelle Councilmember Hjelle asked about the trails for Applewood Park and the status of the park and trail system. DuWayne Konewko said staff will give a presentation at either the August 10 or August 27, 2009, city council meeting regarding Applewood Park. 3. Code Compliance Questions — Mayor Longrie Mayor Longrie discussed Maplewood residents' concerns about code compliance issues. 4. Letter from the Ramsey County Fair Board — Mayor Longrie Mayor Longrie read aloud the letter from the Ramsey County Agricultural Society which was to Maplewood Police Chief Thomalla and Fire Chief Lukin thanking them for their assistance with the fair. 1. Swearing In Ceremony F a. Maplewood Fire Chief, Mayor Longrie swore tl b. Mayor Longrie adminis and Jeffery Morgan. PUBLIC HEARINGS ►1079 M Firefighters James Johnson And Jeffery Morgan ukin introduced the new Maplewood firefighters before oath of office to Maplewood Firefighters James Johnson K. UNFINISHED BUSINESS 1. Consider Resolution Approving Extension To Open Space Purchase Option Within Carver Crossing Development Contract a. City Attorney, Alan Kantrud requested that this item be tabled indefinitely. Councilmember Juenemann moved to table this item until further information is received for council action Seconded by Councilmember Nephew. The motion to table passed. July 27, 2009 City Council Meeting Minutes Ayes — All Packet Page Number 17 of 159 3 2. Economic Development Authority a. Second Reading — Adopting An Ordinance Establishing The Maplewood Area Development Authority i. City Attorney, Alan Kantrud introduced the item and answered questions of the council. Finance Director, Bob Mittet answered questions of the council. Mayor Longrie asked if anyone wanted to address the council regarding this agenda item. Nobody came forward. Councilmember Nephew moved to approve the Second Reading Adopting An Ordinance Establishing The Maplewood Area Development Authority. AN ORDINANCE ESTABLISHING THE MAPLEWOOD AREA ECONOMIC DEVELOPMENT AUTHORITY THE CITY COUNCIL OF THE CITY OF SECTION 1. Definitions. Subdivision 1. terms defined have the meanings given them. Subd 2. "Authority" - an Economic Statutes 469.090 through 469.1081. D, MINNESOTA ORDAINS: s. As used in this Ordinance, the Authority as defined by Minnesota Subd. 3. "City" - the City of Mapl Subd. 4. "Council" - the duly el ng body of the City of Maplewood, Minnesota. Subd. 5. "The Act" - Minnesota Statues 469.090 through 469.1081. Subd. 6. "Enablinq'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. July 27, 2009 Packet Page Number 18 of 159 4 City Council Meeting Minutes 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 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 de! Authority, shall serve as a consultant and advisor to the reports to the Council SECTION 9. Conflicts of Interest. Member, Officer or employee of the Autr projects undertaken by the Authority, shall attend all meetings of the 'ity and shall make quarterly ed by Minnesota Statute 471.88, a a substantial conflict of interest, in SECTION 10. Budget. 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 469.101, 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 exemption from property taxes only applies while the Authority holds the property for its own purpose(s). July 27, 2009 Packet Page Number 19 of 159 5 City Council Meeting Minutes 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 powers. 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 publication. Adopted by the Maplewood City Coui Seconded by Councilmember Juener The motion passed. be in force upon passage and this July 27, 2009. Ayes — All b. Second Reading —Adopting An Ordinance Establishing The Maplewood Business And Economic Development Advisory Commission (BEDC) i. City Attorney, Alan Kantrud introduced the item and answered questions of the council. Mayor Longrie asked if anyone wanted to address the council regarding this agenda item. Nobody came forward. Councilmember Nephew moved to approve the Second Reading Adopting An Ordinance Establishing The Maplewood Business And Economic Development Advisory Commission (BEDC). AN ORDINANCE 1989-1 -D ESTABLISHING THE MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION (BEDC) THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: July 27, 2009 Packet Page Number 20 of 159 6 City Council Meeting Minutes 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. 1(c)(5) and formed pursuant to Minnesota Statute § 412.21, subd. 1 469.123. SECTION 3 . Purpose. It shall be the role and make recommendations to the Maplewood Economic industrial development and redevelopment within the ( adopted by the Commission. It shall confer with otr Development Authority, the local Chamber of Commer public and private groups on matters relating to busii survey the area's industrial and commercial climate Development Authority, the Maplewood City Council, of SECTION 4. Name. The E Maplewood Business and Economic responsibility of the Commission to discuss and Development Authority regarding economic and :ity,of Maplewood pursuant to Bylaws as may be or City departments, the Maplewood Economic :e, the Maplewood Parks Commission, and other ess and industrial development and periodically nd' report regularly to the Maplewood Economic both as directed. the Enabling Resolution shall be known as the emission, 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 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 Members shall be paid compensation as established by the Council. Members may be reimbursed for expenses pursuant to City reimbursement policies. SECTION 6. 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 necessary. Subd. 4. Rules. The Commission shall adopt such rules and guidelines as they deem appropriate, but shall operate in accordance with Maplewood's Commission Handbook as adopted and amended from time to time. No rules shall be adopted by the Commission that are in conflict with the City's Official Commission Handbook and in the event of any conflict or question, the Handbook shall prevail. The Authority shall meet jointly with the Parks and Recreation Board at least quarterly. SECTION 7. Modification. All modifications to the Enabling Resolution must be by Ordinance and must be adopted by the City Council by majority vote. July 27, 2009 Packet Page Number 21 of 159 7 City Council Meeting Minutes 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 14. 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 FebruaryJuly, 19992009. GEORGE O'BRI Maplewood ATTEST: TREASURERMANAGER An Official Title & Summary of 278th day of FebruaryJuly, 1999.2009. Seconded by Mayor Longrie. The motion passed. c. Consider Accepting Ant Roadmaster Of Minnesc Avenue i. City Manager, Jim council. ii. City Attorney, Ala T1i iana Longrie - MAYOR CITY OF James Antonen CITY CLERK- Ppublished in the Lillie News on the Ayes — All rization To Enter Into Purchase Agreement With For Parcel On Van Dyke Street North At Castle nen introduced the item and answered questions of the ntrud addressed and answered questions of the council. Mayor Longrie asked if anyone wanted to address the council regarding this agenda item. Nobody came forward. Councilmember Nephew moved to approve the Authorization To Enter Into Purchase Agreement With Roadmaster Of Minnesota LLC For Parcel On Van Dyke Street North At Castle Avenue. Seconded by Councilmember Juenemann. Ayes - All The motion passed. 3. Consider Adoption Of City Council Policy And Procedures For Boards And Commissions a. City Attorney, Alan Kantrud gave specifics of the report and answered questions of the council. b. Maplewood Police Chief, Dave Thomalla answered questions of the council. Mayor Longrie asked if anyone wanted to address the council regarding this agenda item. July 27, 2009 Packet Page Number 22 of 159 8 City Council Meeting Minutes 1. Bob Zick, 2515 White Bear Avenue, Maplewood. 2. Carolyn Peterson, 1801 Gervais Avenue, Maplewood. 3. Mark Bradley, 2164 Woodlyn Avenue, Maplewood. Councilmember Nephew moved to approve adopting a commission handbook for the City of Maplewood and amending the commission policy guidelines with the amendments itemized by City Attorney, Alan Kantrud. Seconded by Councilmember Juenemann. The motion passed. L. NEW BUSINESS Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay Councilmember Hjelle One Time Event Permit Approval — The Rock, Brian Bauman, 2029 Woodlyn Avenue a. City Clerk, Citizens Services Director, Karen Guilfoile gave the report and answered questions of the council. b. Maplewood Police Chief, Dave Thomalla answered questions of the council. Mayor Longrie asked the applicant to address the council. 1. Brian Bauman, Owner of The Rock, 2029 Woodlyn Avenue, Maplewood. Councilmember Rossbach hborhood a radius 1,000 feet from The Rock property line. There should be two EMT's on the applicant shall provide a fiver to the Citv of White Bear Lake Police Department to alert pedestrians across the street safely. There shall also be daily debriefings with the Maplewood Police department regarding concerns of the event. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Approval Of Bruentrup Heritage Farm Conditional Use Permit Amendment To Allow a. Environmental Planner, Shann Finwall gave the report. b. Parks & Community Development Director, DuWayne Konewko answered questions of the council. c. City Clerk, Citizens Services Director, Karen Guilfoile answered questions of the council. d. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Robert Overby, representing the Historical Society. 2. Gary Pearson, Planning Commission member. July 27, 2009 Packet Page Number 23 of 159 9 City Council Meeting Minutes 3. Richard Currie, Historic Preservation Commission Vice Chairperson 4. Mark Bradley, 2164 Woodlyn Avenue, Maplewood. 5. Carolyn Peterson, 1801 Gervais Avenue, Maplewood. Vice President of the Historical Society. 6. Mark Jenkins, 830 New Century Boulevard South, Maplewood. Councilmember Rossbach moved to approve the resolution amending the Maplewood Area Historical Society's Conditional Use Permit for the use of the Bruentrup Heritage Farm Site (2170 County Road D) Striking condition number 12. RESOLUTION 09 -07 -224 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. July 27, 2009 Packet Page Number 24 of 159 10 City Council Meeting Minutes 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. 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 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): 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 th 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. July 27, 2009 Packet Page Number 25 of 159 11 City Council Meeting Minutes 7. When the parkinq 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 parking to accommodate the events_ 8. Off -site parking at Salvation Army (78 parking spaces at 2080 Woodlyn Avenue): 0 10. 11. 4? 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 crossing at the intersection of Woodlyn 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 sic and the owners of Harbor Pointe which all ing agreement between the use of this oarkina lot. R larae scale music for a such as DJs and bands) should be limited to inside the barn. 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. July 27, 2009 Packet Page Number 26 of 159 12 City Council Meeting Minutes 18. 19. 20. 21. ►T -. EE EE E u :>�•5 •• .•. -I •I,� OiN1=2 3- •- E 1 111OR1 15ilffi ' - E •. - - E, which alcohol will be served is limited to 290 people. Appropriate liquor licenses must be obtained prior to serving alcohol on the site. The society must obtain the appropriate liability coverage for large non - historical fundraising events which holds the city harmless. A rental agreement must be aooroved by the city which dictates hours of use. maximum number of people, location of parking, etc. Seconded by Mayor Longrie. Ayes — All Councilmember Hjelle made a friendly amendment to remove the Halloween Hoe -Down from the discussion and address it seaarately. Mayor Longrie accepted the friendly amendment regarding condition number 12. of the resolution be removed which stated In exchange for occasional use of the Bruentrup Heritage Farm Site by the city. the citv will allow the society the use of the Communitv Center at no charge for their annual fundraising Halloween Hoe Down. The friendly amendment was accepted by the motioners The motion passed. Mayor Longrie moved that the staff the parties involved. back to the council options for memoralizin Seconded by Councilmember Nephew. Ayes — All The motion passed. The council took a 10 minute recess. The council reconvened. Mayor Longrie moved that agenda item L6 and M11 be heard ahead of the other agenda items since there are individuals in the audience regarding these items. Seconded by Councilmember Hjelle. The motion passed. Ayes — All (THIS ITEM WAS HEARD OUT OF ORDER PER THE COUNCIL MOTION) L6. Planned Unit Development Revision For Century Trails Apartments By CommonBond Communities a. Senior Planner, Tom Ekstrand gave the report and answered questions of the council. Mayor Longrie asked if anyone wanted to address the council to come forward. July 27, 2009 Packet Page Number 27 of 159 1 City Council Meeting Minutes 1. JudyWordock, Housing Development Manager, CommonBond Communities. 2. Paul Holmes, Architect with Pope Architects. 3. Gary Pearson, Planning Commission member gave the planning commission report. 4. Carolyn Peterson, 1801 Gervais Avenue, Maplewood. Councilmember Nephew moved to approve the Planned Unit Development Revision For Century Trails Apartments By CommonBond Communities. To also include recommendations from the Planning Commission and Community Design Review Board. RESOLUTION 09 -07 -225 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 from the city ordinance as part of a PUD. WHEREAS, this permit applies to the property Century Avenue. The legal description is: Lot 1, WHEREAS, the history of this con the city council may grant deviations e southwest corner of Benet Road and LS COMMONS 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 passed 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 July 27, 2009 Packet Page Number 28 of 159 14 City Council Meeting Minutes 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. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 3. Holloway Avenue And Stanich Highlands Area Improvements, City Project 09 -13 a. Resolution Approving Plans And Specifications And Advertising For Bids i. Deputy Public Works Director, City Engineer, Michael Thompson gave the report and answered questions of the council. Councilmember Hjelle moved to approve the Resolution Approving Plans and Advertising for bids for the Holloway Avenue and Stanich Highlands Area Improvements, City Proiect 09 -13. RESOLUTION 09 -07 -226 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 MAPLEWOOD, MINNESOTA: 1. Such plans and sr hereof, are hereby approved and COUNCIL OF THE CITY OF spy of which are attached hereto and made a part 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. Seconded by Councilmember Nephew. The motion passed. July 27, 2009 City Council Meeting Minutes Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie Packet Page Number 29 of 159 15 b. Resolution Ordering Preparation Of Assessment Roll Councilmember Hjelle moved to approve the Resolution Ordering Preparation of Assessment Roll for the Holloway Avenue and Stanich Highlands Area Street Improvements, City Project 09 -13. RESOLUTION 09 -07 -227 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and the 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 eingeerin gshall 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 lawm 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. Seconded by Councilmember Nephew. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach The motion passed. c. Approval Of Joint i. City Engine Councilmember Hjelle moved to Seconded by Councilme The motion passed. Nay — Mayor Longrie reement With North Saint Paul ublic Works Director, Michael Thompson gave the report. nt Powers Aareement with North Saint Paul. Ayes — All 4. Stillwater Road /Hwy 5 Improvements (Lakewood To Century), City Project 09 -04, Resolution Accepting Report and Calling Public Hearing a. City Engineer, Deputy Public Works Director, City Engineer Michael Thompson gave the report. Councilmember Hjelle moved to approve the resolution directing modification of existing construction contract for the Stillwater Road /Hwy 5 Improvements (Lakewood To Century), City Project 09 -04, and Resolution Accepting Report and Calling for Public Hearing. RESOLUTION 09 -07 -228 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08 -20, CHANGE ORDER NOA July 27, 2009 Packet Page Number 30 of 159 16 City Council Meeting Minutes 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. Seconded by Councilmember Nephew. Ayes — All The motion passed. RESOLUTION ACCEPTING REPORT, AUTHORIZING PREPARA CALLING FOR PUI WHEREAS, pursuant to resolution of the been prepared for the Stillwater Road Street, Si( and this report was received by the Council on J S AND SPECIFICATIONS, AND W ted February 23 2009, a report has rainage Improvements, City Project 09 -04, 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 July 27, 2009 Packet Page Number 31 of 159 17 City Council Meeting Minutes 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. Seconded by Councilmember Nephew. The motion passed. Ayes — All 5. Resolution Establishing Depository Services Account For ATM Activity a. Finance Director, Bob Mittet gave the specifics of the report. Councilmember Hjelle moved to approve the Resolution Establishing Depository Services Account For ATM Activity. RESOLUTION 09 -07 -230 (Due to complications inserting the resolution from the bank just the resolution number itself has been provided for the record. The resolution is in Adobe in the packet but we couldn't insert the resolution as a word document due to restrictions) Seconded by Councilmember Rossbach. Ayes — All The motion passed. 6. Planned Unit Development Revision For Century Trails Apartments By CommonBond Communities (This item was moved ahead and heard earlier in the meeting) Councilmember Hjelle me remainder of the agenda. Seconded by Councilme 1 �- u• W -. Ayes — Councilmembers Hjelle & Nephew Nays — Mayor Longrie, Councilmembers Juenemann, & Rossbach Mayor Longrie moved to complete agenda item M11. until 11:00 p.m. No Second to the motion The motion failed. Councilmember Nephew moved to continue the meeting until midnight to complete as much of the council meeting as possible. Seconded by Councilmember Rossbach. July 27, 2009 City Council Meeting Minutes Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie Packet Page Number 32 of 159 18 The motion passed. 7. Consider Amending Chapter 12 Vacant Building Registration Councilmember Nephew moved to table this item until August 10, 2009. Seconded by Mayor Longrie. Ayes — All The motion to table passed. 8. Adoption of 2010 -2014 Capital Improvement Plan Councilmember Nephew moved to approve the Adoption of the 2010 -2014 Capital Improvement Plan. Seconded by Councilmember Rossbach. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle M. CONSENT AGENDA 1. Councilmember Hjelle Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Councilmember Hjelle moved to approve item 2. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Councilmember Juenemann moved to approve item 6. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 4. Councilmember Juenemann moved to approve item 7. Seconded by Councilmember Hjelle. The motion passed. July 27, 2009 City Council Meeting Minutes Ayes — All Packet Page Number 33 of 159 19 5. Councilmember Hjelle moved to approve item 10. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 6. Councilmember Hjelle moved to approve item 11. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 1. Approval of Claims Councilmember Hjelle moved AI ACCOUNTS PAYABLE: $ 333,178.91 $ 171,578.25 $ 699,381.84 $ 340,726.24 $ 1,544,865. )proval of Claims. Checks # 78828 thru # 78891 Disbursements via debits to checking account Dated 07/03/09 thru 07/14/09 Checks # 78892 thru #78936 Dated 07/10109 thru 07121/09 Disbursements via debits to checking account dated 07/10/09 thru 07/17/09 Total Accounts Payable $ 510,370.84 Payroll Checks and Direct Deposits dated 07/10/09 $ 2,341.75 Payroll Deduction check #1007410 thru #10074211 dated 07/10/09 $ 512,712.59 Total Payroll $ 2,057,577.83 GRAND TOTAL Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Lark - Prosperity Area Street Improvements, Project 07 -15, Resolution Approving Final Payment and Acceptance Of Project. Councilmember Hjelle moved to approve the Lark - Prosperity Area Street Improvements, Project 07 -15, Resolution Approving Final Payment and Acceptance Of Project. July 27, 2009 Packet Page Number 34 of 159 20 City Council Meeting Minutes RESOLUTION 09 -07 -231 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. Seconded by Councilmember Nephew The motion passed. 3. Desoto - Skillman Area Street Payment And Acceptance Of Councilmember Hjelle 06 -16. Resolution Apr. Ayes — All Project 06 -16, Resolution Approving Final s the Desoto - Skillman Area Street Improvements, Proiect , ment and Accepance Of Project. RESOLUTION 09 -07 -232 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. July 27, 2009 Packet Page Number 35 of 159 21 City Council Meeting Minutes Approved this 27 day of July 2009. Seconded by Councilmember Nephew. Ayes — All The motion passed. 4. County Road D Street Improvements, Project 08 -20, Resolution Directing Modification Of Existing Construction Contract, Change Order No. 1. Councilmember Hjelle moved to approve the County Road D Street Improvements, Proiect 08 -20, Resolution Directing Modification Of Existing Construction Contract, Change Order No. 1. RESOLUTION 09 -07 -233 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: 1. The mayor and city engi existing contract by execut $17,019.18. The revised cc Adopted this 27th day of July Seconded by Councilme The motion passed. aby authorized and directed to modify the nge Order No.1 in the amount of nt is $858,218.51. Ayes — All 5. CarMax /Mogren Addition Improvements, Project 08 -20, Resolution Directing Modification Of Existing Construction Contract, Change Order No. 1. Councilmember Hjelle moved to approve the CarMax/Mogren Addition Improvements, Project 08- 20, Resolution Directing Modification Of Existing Construction Contract, Change Order No. 1. RESOLUTION 09 -07 -234 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 July 27, 2009 Packet Page Number 36 of 159 22 City Council Meeting Minutes 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. Seconded by Councilmember Nephew. Ayes — All The motion passed. 6. Approve Acceptance Of Donation To Maplewood Police Reserves Councilmember Juenemann moved to approve the Acceptance Of Donation To Maplewood Police Reserves. Seconded by Councilmember Hjelle. The motion passed. 7. Approve JAG2009 {Justice Assistance Councilmember Juenemann moved to a Seconded by Councilmember Hj Ayes — All imulus Agreement 32009 Stimulus Agreement. Ayes — All The motion passed. 8. Resolution Of Heritage Farm Area Historical Society For The Bruentrup Councilmember Hjelle moved to approve the Resolu Historical Society For The Bruentrup Heritage Farm. RESOLUTION 09 -07 -235 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 its efforts to create a celebration of events for the 1 a t " 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 lT 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. July 27, 2009 Packet Page Number 37 of 159 23 City Council Meeting Minutes Passed by the Maplewood City Council on July 27, 2009. Diana Longrie, Mayor Passed by the Maplewood Historical Preservation Commission on June 18, 2009. Ron Cockrie% Chairperson Attest. Karen Guilfoile, City Clerk Seconded by Councilmember Nephew. The motion passed. 9. Conditional Use Permit Review, St. Sloan Place Councilmember Hjelle moved to Seconded by Councilmember 1983, 1997, 2025 Ise Permit Review, St. Paul Business Ayes — All The motion passed. 10. Conditional Use Permit Review, St. Paul Regional Water Services (McCarron's Treatment Plant) Councilmember Hjelle moved to approve the Conditional Use Permit Review, St. Paul Regional Water Services (McCarron's Treatment Plant) Seconded by Councilmember Nephew. Ayes — All The motion passed. 11. Conditional Use Permit Review, Liberty Classical Academy And First Evangelical Free Church, 2696 Hazelwood Street Councilmember Hjelle moved to approve the Conditional Use Permit Review for Liberty Classical Academv And First Evangelical Free Church. 2696 Hazelwood Street. Seconded by Councilmember Juenemann. The motion passed. July 27, 2009 City Council Meeting Minutes Ayes — All 3usiness Center East, Ayes — All Packet Page Number 38 of 159 24 12. Conditional Use Permit Termination, Liberty Classical Academy, 1717 English Street Councilmember Hjelle moved to approve the Conditional Use Permit Termination for Liberty Classical Academy, 1717 English Street.. RESOLUTION 09 -07 -236 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' /2 of the SE 1 /4 of the SE '/4, 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 July 27, 2009, the city council approved 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 approve 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 July 27, 2009. Seconded by Councilmember Nephew. Ayes — All The motion passed. 13. Approve Purchase Of A Used Ambulance Councilmember Hjelle moved to approve the purchase of a used ambulance. Seconded by Councilmember Nephew. The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART 11 None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:01 a.m. Ayes — All July 27, 2009 Packet Page Number 39 of 159 25 City Council Meeting Minutes THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 40 of 159 Agenda Item J1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Stillwater Road /TH 5 Improvements, City Project 09 -04 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing DATE: August 3, 2009 INTRODUCTION The public hearing for this project has been scheduled for 7:00 p.m., Monday, August 10, 2009. Notices of the public hearing have been mailed and published in accordance with State Statute. The Council should hold the public hearing and consider ordering the improvement following the 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 resident John O'Phelan 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 proposed improvements. Since that time, the following steps have been taken to advance the project: • Neighborhood meetings were held on March 12 June 17 and August 6 th 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 41 of 159 Agenda Item J1 • 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. Financinq 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 ordering the Stillwater Road /TH 5 Improvements, City Project 09 -04. Attachments: 1. Resolution 2. Location Map Packet Page Number 42 of 159 Agenda Item J1 Attachment 1 WHEREAS, a resolution of the City Council adopted the 27th day of July, 2009, fixed a date for a Council hearing on the proposed Stillwater Road /TH 5 Street, Sidewalk, and Drainage Improvements, City Project 09 -04. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on August 10th, 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 July 27th, 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. That it is necessary, cost- effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Stillwater Road /TH 5, City Project 09 -04. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted this 10th day of August 2009. 3. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $2,208,700 shall be established as previously approved on July 27th, 2009. 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 Packet Page Number 43 of 159 W PROJECT LOCATION MAP City of Maplewood, Minnesota STILLWATER ROAD Department of Public Works STREET, SIDEWALK, AND EngincerYng Division DRAINAGE IMPROVEMENTS EM Fj lQmley-ftn CITY PROJECT 09-04 aW Amdft 1w. ASP NO. 138-010-17 MY W 24MMUM IL ta r 645-4107 a. PAW wamm FAX ta 60-5116 Packet Page Number 44 of 1RkHIBIT I Agenda Item K1 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: August 4, 2009 for the August 10, 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 45 of 159 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 24, 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 46 of 159 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 47 of 159 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 48 of 159 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. h. 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 49 of 159 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 50 of 159 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 51 of 159 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 52 of 159 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 53 of 159 Agenda Item K2 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT. Beaver Lake Town Houses - Conditional Use Permit Review LOCATION: Maryland Avenue and Lakewood Drive DATE: August 3, 2009 INTRODUCTION The conditional use permit (CUP) for the planned unit development (PUD) for the Beaver Lake Town Houses is due for review and was last before the city council at its May 11, 2009 meeting. At the meeting on May 11, 2009, the city council asked for this CUP to be brought back in three months so staff could report on the outstanding issues with this site relating to erosion, garbage and restoration. BACKGROUND On May 28, 2002, the city council made several approvals for the Beaver Lake Town Houses. These included: A conditional use permit (CUP) for a planned unit development (PUD) for a 148 -unit housing development. The applicant requested the CUP because Section 44 -1250 of the city code (shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland district of Beaver Lake and will have a mix of housing with 40 single - family detached townhomes and 108 rental units in 11 8 -unit and 5 4 -unit buildings. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right -of -way and pavement widths) than the standard city requirements would normally allow. (See the approved site plan attached) 2. Street right -of -way and easement vacations. These were for the unused street right -of -ways and easements on the site. 3. A preliminary plat to create the lots in the development. 4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. (See the city council minutes attached) On July 9, 2002, the community design review board (CDRB) approved the proposed design plans (architectural, landscaping, etc.) for the development. Mr. Emmerich appealed to the city council a part of the CDRB's approval about brick on the exteriors of the four and eight -unit buildings. (See the CDRB minutes attached) On August 12, 2002, the city council approved Mr. Emmerich's appeal of the CDRB's condition about adding more brick to the four and eight -unit buildings within the site. (That is, the city will not be requiring Mr. Emmerich to add more brick to the buildings as the CDRB required.) On August 26, 2002, the city council awarded the contract for the construction of the Beaver Lake sanitary sewer improvement project to Barbarosoa and Sons, Inc. They completed this sewer project in December 2002. Packet Page Number 54 of 159 On November 13, 2002, the city council approved the first final plat for the Beaver Lake Town Houses. This plat created six lots for detached town houses along Maryland Avenue, several outlots for future phases of the development and the park area along the creek in the center of the site. On March 31, 2003, the city council approved the second final plat for the Beaver Lake Town homes. This plat created 16 lots for detached town houses in the area west of Sterling Street and south of the creek corridor. On June 9, 2003, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On September 8, 2003, the city council approved the Beaver Lake Townhomes Third Addition final plat. This plat created 18 lots for detached town houses in the area west of the creek and east of Lakewood Drive. On June 28, 2004, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On June 13, 2005, June 26, 2006, June 11, 2007 and January 14, 2008 the city council reviewed the conditional use permit for this property. On March 24, 2008, the city council approved the final plat for the Beaver Lake Fourth and Fifth Additions. These final plats created new lots for the construction of new units from former outlots. On June 23, 2008, staff presented to the city council the landscape and tree plans for Beaver Lake Townhomes. On April 27, 2009, the city council tabled the CUP review until its next meeting so that staff could provide more information. On May 11, 2009, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to have the CUP brought back to the council in three months to report on erosion, garbage and restoration issues. The city council also approved a revision to the CUP allowing for minimum street widths to be 27'4" when parking occurs on one side of the road. DISCUSSION At the May 11, 2009 city council meeting there were concerns voiced in relation to this development. Staff has looked into those issues and has provided updates below. Street Sweeping and Erosion Control Staff continues to regularly check on erosion control for the site and street sweeping needs. City staff visits the site a minimum of 2 -3 times a week to ensure compliance. Staff will notify the developer if there is future sediment tracking issues or other erosion control measures needed. Rubbish within wetland During the last CUP review staff did collect several smaller pieces of trash near the periphery of the creek area and removed a large item from the creek. Staff has been regularly checking the area for Packet Page Number 55 of 159 trash and has not found any more issues. Restoration On June 23, 2009, Ginny Gaynor, Natural Resources Coordinator, lead a hike at Beaver Creek Neighborhood Preserve. Residents from the three townhome associations received a flier inviting them to the hike and 20 -25 people attended. The group walked the preserve and discussed management options and priorities. The group had an opportunity to address vegetation in the buffers and along property lines. Residents expressed great interest in having the city restore the grasslands to native prairie species, remove buckthorn, and restore the woods along the creek. There is CIP funding for open space improvements and staff is getting bids from contractors for restoration work at the site. No construction equipment signage Staff has ensured that enough "No Construction Equipment Beyond This Point" signs are posted and this condition of approval is met. Through the numerous staff visits to the site it appears the signs are being obeyed. Fencing There are several areas within the construction site where the posts of the construction safety fence are not performing properly and will need to be reset. The safety fence was removed from the north part of the site where a recently completed building exists leaving a gap in the perimeter of the construction area. In addition, there are no longer enough "keep out" signs near the construction area. Staff will continue to work with the developer to ensure the fence is in good working condition and enough signs are posted in a timely manner. Summary The second stage of this development, the apartments, is well underway. It will likely take some time to fully complete this development. Staff will work with the developer to correct the fencing and "keep out" signage issues and to ensure continued compliance with the conditions of approval. Staff recommends reviewing this CUP again in one year. RECOMMENDATIONS Review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site or to the project plans. p:sec25 /Beaver Lake TH CUP Review Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. May 28, 2002 City Council Minutes 5. July 9, 2002 CDRB minutes 6. May 11, 2009 City Council Minutes 7. Building Elevations and Details Packet Page Number 56 of 159 Attachment 1 K c: P cr LSEN �. _ COVcr®Ery 1 EVSON MsON 1)p �c p MB- K l- '*. LU u UJ f Lu 1 L{lAif IJJ j". thSYFLi}P)W Sy1t1V I .. s MARVLANDAVE - - ---- . ............................ . .......... : ROSE AVE r SITE n_ m � x of Y Location Map Beaver Lake Townhomes Packet Page Number 57 of 159 Z\ N M ... I -- ILA A, Zoning 11 'lap Beaver Lake Townhomes Packet Page Number 58 of 159 ' 10,34 060 . .... ... . .... 75 1077 06T 5 �057' 1057 lqu t45 105W 1 4'3 M44 r ---- Packet Page Number 58 of 159 Attachment 3 SITE PLAN 3-/O-Oa BEAVER LAKE TOWNHOMES N Packet Page Number 59 of 159 wMaRr4m MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May 28,2002 Meeting No. 02-11 A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. a. Assistant City Manager Coleman presented the report, C. Commissioner Rossbach presented the Planning Commission report. Councilmember Collins moved to extend the meeting until all agenda items are addressed. Seconded by Councilmember Juenemann Ayes-All & Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Z � 11 City Council Meeting 05-28-02 Packet Page Number 60 of 159 e. Mayor Cardinal closed the public hearing. WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (PINS 25-29-22-21-0010 and 25- 29- 22 -21- 0011.1 WHEREAS, the history of this conditional use permit is as follows: On April 15, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. The council tabled action on the development request until May 14, 2001. 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. 31111 115iii I 1 101 The use would not depreciate property values. K City Council Meeting 05-28-02 Packet Page Number 61 of 159 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 sery ices. & 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: I _ All construction shall follow the plans date-stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: ( No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. (2) The required trails and sidewalks. (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (4 The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26-34. City Council Meeting 05-28-02 Packet Page Number 62 of 159 (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. The city shall use the Greenways grant from the DNR, while matching the state dollars with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. 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 end. The council may extend this deadline for one year. ( 1 ) Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City-required trails are allowed in the buffer and park dedication areas. c. Include a storm water management plan for the proposal. d. Include a coordinated plan with the public works department for the design and design City Council Meeting 05-28-02 Packet Page Number 63 of 159 installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4 The design of the ponds shall meet Maplewoo&s design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. f. Install a six-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The developer's engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. g. Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: ( From Private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of grading necessary to install the trails. b. Restore all disturbed areas within the stream corridor and park dedication area - �vii a native seed mix approved by the watershed district and by the city eng I City Council Meeting 05-28-02 Packet Page Number 64 of 159 2. The approved setbacks for the principal structures in the Beaver Lake Towrihome PUD shall be: a. Front-yard setback {from a private driveway): minimum - 20 feet, maximum - 3 5 feet b. Front-yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear-yard setback: none & Side -yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings 8. This approval does not include the design approval for the townhomes or for the apartments. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: Z 7 a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities. d. For the driveways: ( Minimum width - 20 feet. (2) Maximum width - 28 feet. I City Council Meeting 05-28-02 Packet Page Number 65 of 159 (3 All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 10. The developer paying the city $94,000 in Park Availability Charges (PAC fees) for this development. 11. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to adopt the following resolution approving a street Jght- of-way and easement vacations for the Beaver Lake Townhomes (Lakewood Drive and MaLyland Avenue): RESOLUTION 02-05-099 WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following described street right-of-ways: That part of the Sterling Street right-of-way as a roadway easement according to the document filed with Ramsey County lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition. 2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition lying between the east right-of-way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended south. On April 15, 2002, the planning commission recommended that the city council approve these street vacations. City Council Meeting 05-28-02 Packet Page Number 66 of 159 2. On May 28, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting 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. The council tabled action on the development request unti I May 14, 200 1. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: W-141 ltal� 4. Except the North 290.66 feet of the West 11/2 North 677.06 feet of the West 112 of the SE 114 of the NW 114 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25- 29- 22 -24- 0073) All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described vacation since it is in the public interest based on the following reasons: 2. The adjacent properties have adequate street access. 3. These right-of-ways are not needed for the public purpose of street construction. 4. The developer will be building private streets and driveways in the project. RESOLUTION 02-05-100 WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the fol described easements: That part of the following sanitary sewer easement according to document number 1504484 lying within Lots 7 and 8. Block 2, Beaver Lake Addition, described as follows: City Council Meeting 05-28-02 Packet Page Number 67 of 159 described, all of the foregoing being over Lot 8, Block I and Lots 7 and 8, Block 2, Beaver Lake Addition. Section 25, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting 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. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting property: Lot 8, Block 1, Beaver Lake Addition and Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacations for the following reasons: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street or utilities in these locations. The adjacent properties have access to public streets and utilities. Seconded by Councilmernber Collins Ayes-All development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive. The developer shall co=lete the following before the city couricil M12roves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: I City Council Meeting 05-28-02 Packet Page Number 68 of 159 a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. Have Xcel Ener Group c install G V rate street lights in at least 15 locations - primarily p at street and driveway intersections and street or driveway curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic-control, street identification and no parking signs. f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. g. Complete and replace as necessary all curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks, complete the following: ( Construct an eight - foot -wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. All trails between lots shall be in a publicly-owned pedestrian way or outlot. (2) The developer also shall build a six-foot-wide sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. (3) The developer shall install a two-rail split-rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. (4) The developer shall build the trails, sidewalks and fencing with the driveways and streets before the city approves a final plat. (5) The city engineer must approve these plans. iff City Council Meeting 05-28-02 Packet Page Number 69 of 159 j, Install survey monuments along the wetland boundaries. lk. Install survey monuments and signs along the edges of the area labeled "Park Dedication." These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. Z 7 b. Install signs where the driveways for the apartments and for the town houses intersect the public streets indicating that they are private driveways. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each Z � building site. The lot lines on this plan shall follow the approved preliminary plat. (3) Contour information for all the land that the construction will disturb. (4) Building pads that reduce the grading on site where the developer can save large trees. IM City Council Meeting 05-28-02 Packet Page Number 70 of 159 (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (2 Sedimentation basins or ponds as required by the watershed board or by the city engineer. I_ (3) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (4) Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (5 Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil-stabilization blankets. (11 Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. C. * The tree plan shall: ( Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. M City Council Meeting 05-28-02 Packet Page Number 71 of 159 (3 Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 ) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall Z 7 be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility plans shall show: ( An eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. The parks and recreation director shall approve their locations and design. im City Council Meeting 05-28-02 Packet Page Number 72 of 159 (4) The removal of the unused driveways and driveway aprons and the completion of the (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hvdrant locations shall be verified with the Maplewood Fire Department. (6) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (9) A coordinated sewer realignment and reconstruction plan. The city engineer must approve the sanitary sewer realignment plans. (10) A six-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Z7 Z7 Street and the west property line of the site. e. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: Z � a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Show the wetland boundaries on the final plat as approved by the watershed district. c. Show the park dedication boundary and area on the final plat. d. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street right-of-ways. e. Show street names for the driveways as follows: IN A ANNI I I a III IIIII II I I I 1 0 !!111 1 1 J (3) Private Driveway D in the east one-half of the site shall be called "Sterling Circle." City Council Meeting 05-28-02 El Packet Page Number 73 of 159 (4) Private Driveway E in the east one-half of the site shall be called "Sterling Lane." f. Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away fi the pipeline. (code requirement) am= j. Show the area between buildings 8 and 9 and buildings 21 and 22 as separate outlots and dedicate each of these to the city. 5. Secure and provide all required easements for the development. These shall include: C. Any off-site drainage and utility easements. D. Welland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading or dumping within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the stream and wetlands from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. Any easements the city needs for the realignment of the sanitary sewer through the site. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This Z , sewer project also will require an assessment agreement between the developer and the city to compensate the city for the benefit that the developer receives from the city sewer construction. 7. Record the following with the final plat: City Council Meeting 05-28-02 In Packet Page Number 74 of 159 a. All homeowners' association documents. b A covenant or deed restriction that prohibits any additional driveways �besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots I through 3, Lots 19 through 24 and buildings 41 and 42 of the proposed preliminary plan the city received on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. & A deed dedicating a stream buffer easement (50 feet from the top of each stream bank) for the stream that crosses the site. b f A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. E. A deed that transfers the ownership of the park dedication area to Maplewood. E Deeds that transfer the ownership of the outlots between buildings 8 and 9 and buildings 21 and 22 to the city. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. S. Submit the homeowners' association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structures. 9. Show the wetland boundaries on the plat as approved by the Watershed District. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to meet wetland regulations. 10. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has Z 7 not completed before final plat approval. 11. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. 16 City Council Meeting 05-28-02 Packet Page Number 75 of 159 Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmenibers Collins, Koppen, Wasiluk Nays-Councilmeniber Juenemann Tii777TT=7 i Me Tuliovvnu &)roviiit 7�uuoil al: 7 me oil 7777�_ standards for the Beaver Lake Townhome development: WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake Townhomes. WHEREAS, the developer wants to have reduced street right-of-way widths, reduced street pavement widths and reduced private driveway widths in this development. WHEREAS, the city has approved reduced street right-of-way widths, reduced street pavement widths and Z 7 reduced driveway widths in the development, subject to on-street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits parking on o side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhome PU south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25-29-22. 1 WITMEW Ayes-Mayor Cardinal, Councilmembers Collins, Wasiluk, Koppen Nays-Councilmeniber Juenemann k 0 Pell liluveu to a for the 8.9 acres which would include the $150,00 matching grant form the DNR Greenways Program. Staff was also directed to make the developer aware that the cily would like to see his participation in the open space program. Seconded by Councilmember Collins City Council Meeting 05-28-02 flu Packet Page Number 76 of 159 WM In son remi 9 M 3 Matt Ledvina Craig Jorgenson Diana Longrie-Kline Linda Olson Ananth Shankar 11 ININET"Ins b. Beaver Lake Townhomes. - South of Maryland Avenue, between Sterling Street and Lakewood Drive Ms. Finwall outlined the details of the Beaver Lake Townhomes. The development will include 40 single-family detached townhomes and 108 rental units in eleven 8-unit and five four-unit buildings. Staff recommends approval of the design review of Beaver Lake Townhomes with conditions as outlined in the staff report. Doug Moe, architect for the Beaver Lake Apartments addressed the board. He stated the smallest building will be 4 units and will have one and two bedrooms. The larger units will have two and three bedrooms. Mr. Moe showed board members the drawings and color schemes of the apartment buildings. Z person Ledvina asked the applicant why the brick wainscoting was not continued Aong the front elevation of the apartments. Ms. Finwall said originally the applicant did not have any brick. Staff recommend adding brick to tie the buildings in with the townhomes. The develo d pla g • o per submitt revisens showinrick wainscting along o a portin of o • d the frnt elevatins an the garage elevations. I Board member Olson asked staff if there was going to be a revised light plan revision rwiubmitted? Rl Packet Page Number 77 of 159 Community Design Review Board 2 Minutes 7-9-2002 Board member Olson said she thinks it should be up to the potential homeowner if they want brick wrapped around the building or not. Board member Longrie-Kline agreed that she liked the design of the buildings and the alternatives in the townhome designs for the potential homeowners. She doesn't have a preference for the brick on the buildings. In her opinion she thinks it looks fine either way. Having more brick on the structures would make for a more consistent community with the townhomes and apartment buildings. Mr. Moe said adding more brick adds to the cost of the project. Mr. Moe said the nQ 01 Wedroom units are about 800 square feet, the two bedroom units are about 1.1 i;quare feet, and the three bedroom units are about 1,300 square feet in size. Z airperson Ledvina said he can appreciate the concern about the additional price - ?dding brick. Brick would actually save on the siding of the apartment building a s in th .ong haul nd aesthetically it would be more pleasing. It is a very small percentage cost to be added. I Board member Olson said that the apartment with two or more bedrooms will attraQ people with children and this could save on the exterior of the building having brick OM A as opposed to just vinyl siding. She would agree with chairperson Ledvina in h; r*tatements. Board member Jorgenson moved to approve the project design plans (architectural, .andscaping and lighting plans) for the Beaver Lake Townhouses (dated June 19, 2002). The city bases this approval on the findings required by the code. The 1 .eveloper or contractor shall do the following: (changes are in bold) Repeat this review in two years if the city has not issued a building permit for this project. Packet Page Number 78 of 159 Community Design Review Board 3 Minutes 7-9-2002 17. Rave the city engineer approve final construction and engineerin plans. These plans shall include the grading, utility, drainage, erosion control, tree, trail, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions and requirements of the assistant city engineer and the following: (1) The erosion control plans shall be consistent with the city code. Er� (a) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (b) Contour information for all the land that the construction will disturb. (c) Building pads that reduce the grading on site where the developer can save large trees. (d) The street, driveway and trail grades as allowed by the city engineer. (f) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit form the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (g) Sedimentation basins or ponds as required by the watershed board or by the city engineer. Packet Page Number 79 of 159 Community Design Review Board 4 Minutes 7-9-2002 (h) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). No grading • ground disturbance (except where utilities or trails are installed) in the: 1 Required wetland and stream buffer areas. 2. Park dedication area. This land will be for city park and open space purposes. City-required trails are allowed in the buffer and park dedication areas. Additional information for the property south of thc project south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (k) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed is 1,3, and 4). The contractor shall protect the overflow swales with permanent soil- stabilization blankets. (1) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. (m) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: 1 As allowed by the watershed district. 2. For the utilities, trails and footbridge. Packet Page Number 80 of 159 Community Design Review Board 5 Minutes 7-9-2002 m4F.rilre.LqrsmTIT. M. (o) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (a) Show where the developer or contractor will remove, save or replace large trees. (c) All new and replacement deciduous trees shall be at least two and one half (2 1 /2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples, or other native species. All replacement evergreens shall be at least eight (8) Packet Page Number 81 of 159 Community Design Review Board 6 Minutes 7-9-2002 feet tall and all new evergreens shall be at least (6) feet tall, excluding the new evergreens planted • west property line as noted above. (d) Show no tree removal beyond the approved grading and tree limits. (e) Show the planting of at least 270 new trees after the site grading is done. (4) All the parking areas and driveways shall have continuous concrete curb and gutter. (5) The site, street, driveway, sidewalk and utility plans shall show: (a) A six foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The public works director shall approve the location and design of the sidewalk. (c) The repair of Maryland Avenue and Sterling Street (street and boulevard) after the developer connects to the public utilities and builds the private driveways. This shall include replacing all unused existing driveways and curb cuts. All private roads at least 20 feet wide. If the developer wants to have parking on one side of a private road, then that private road must be at least 28 feet wide. (g) All private roads less than 28 feet in width shall be posted for "No Parking" on both sides. Private roads at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. Packet Page Number 82 of 159 Community Design Review Board 7 Minutes 7-9-2002 (h) All parking stalls with a width of at least nine feet and a length of at least 18 feet. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. � � I I � • � � I � � � I It � I � � I � � I � I I i ? ii= (1) A variety of shrubs planted within the poncling areas and along the proposed trails between buildings 8 and 9 and buildings 21 and 22. These should include Alpine Current, Yew, Glossy Black Choke Berry, American Cranberry (short cultivar), Purple Leaf Sand Cherry and Dogwood. These plantings are to provide a variety of colors and textures on the site and to provide separation between uses. (3) Having in-ground irrigation for all landscape areas (code requirement). (4) The restoration of all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. C Show city staff that Ramsey County has recorded the deeds and all homeowner's association documents for this development before the city will issue a certificate of occupancy for the first town house unit. e. Submit a photometric plan for staff approval as required by the city code. (1) Apartment building elevations showing the brick wainscoting extending around the entire building. Packet Page Number 83 of 159 Community Design Review Board Minutes 7-9-2002 (2) Townhouse elevations showing that the front brick wainscoting for all proposed front elevations (A-1, A-2, A-3, B-1, B-2, and B-3) wraps around the building by two (2) feet on each side. t. Submit samples of all building materials (including siding colors) for the buildings to the city for staff approval. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction and set new property irons for the new property corners. b. Restore and sod damaged boulevards and sod all turf areas outside of the ponding areas. Install a reflectorized stop sign at the Lakewood Drive exit, no parking signs along the private driveways as required by code and addresses on each building for each unit. In addition, the applicant shall install stop signs and traffic directional signs within the site, as required by staff. f. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. g. Install on-site lighting for security and visibility, subject to city staff approval. h. Construct two-rail split-rail fences along the trails in the following locations: '1) From Beaver Creek Parkway between Lots 8 and 9 to near the stream in the center of the site. (2) From Sterling Circle between Lots 21 and 22 to near the stream in the center of the site. Packet Page Number 84 of 159 Community Design Review Board 9 Minutes 7-9-2002 4. If the contractor has not completed any required work, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. c The city receives an agreement that will allow the city complete any unfinished work. I 5. All work shall follow the approved plans. The director of community development may approve minor changes. Board member Olson seconded. Ayes — Jorgenson, Ledvina, Longrie-Kline, Olson Packet Page Number 85 of 159 Attachment 6 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, May 11, 2009 Council Chambers, City Hall Meeting No. 10-09 J. UNFINISHED BUSINESS 1. Conditional Use Permit Review — Beaver Lake Town Houses, Maryland Avenue and Lakewood Drive a. Planner, Michael Martin gave the report and answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. c. Maplewood Fire Chief, Steve Lukin answered questions of the council. Mayor Longrie asked if anyone wanted to come forward and address the council. 1. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Councilmember Hjelle moved to recommend a 3-month review for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive to be brought back to the council regarding the outstanding issues on erosion, garbage and restoration. Seconded by Councilmember Juenemann. The motion passed. Ayes — Mayor Longrie, Councilmember Hjelle, Juenemann & Nephew Nays — Councilmember Rossbach Councilmember Nephew moved to authorize staff to administratively amend the CUP conditions of approval, permitting a 27'4" street width instead of a 28' wide street in order to allow parking on one side of the street. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Packet Page Number 86 of 159 Attachment 7 LEFT ELEVATION RIGHT ELEVATION llkll - 1 ( LSFT VleVA' a FR ONT -15LEV01 B LDGS. 6-1, REAR ELEMATIGN,: 13LDGS. b- 2 B-i &:4G 5, H-6 -RIOHT° ELEVATION. �Vj,& = - (VN17 - 0 rA-elhrl FMCS ter} Packet Page Number 87 of 159 4 N Packet Page Number 88 of 159 vf.ay ° VlNY1- "'Y" t9 caaftr rra+ ' �i �C� L�OC titer re ryy RIGHT" EUVATION ..IfY�u�I {bEFY d4Erl.'[lsxei 6ieM�� - - :- HfiRr2. E+rrtR — FRONT ECEyATION - BLDG9. H -7, D -6, D -9, D -12, B -13, B -18, B -15, 4 N Packet Page Number 88 of 159 NEA ARCHI A. IIIOE ARCNIY8CT8 INGQRPORATEO FRONT ELEVATION . =� 'i'YPt�At AFL 5. e Packet Page Number 89 of 159 SMA I OUGLAS A. MOE U%�L D h ARCHITECTS pr &pr INCORPORATED r SECTION . Packet Page Number 90 of 159 UJ Eta LU LL 6 SECTION . Packet Page Number 90 of 159 Agenda Item L1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Steven Love, Civil Engineer II SUBJECT: Hills & Dales Area Street Improvements, City Project 09 -15, Resolution Ordering Preparation of Feasibility Study DATE: July 29, 2009 INTRODUCTION The Hills & Dales Area Streets, lying south of State Trunk Highway No. 36 and between Day Road and English Street (see attached drawing), are listed in the Maplewood Capital Improvement Plan as a proposed project for the 2010 construction season. The city council will consider initiating the project by approving the attached resolution ordering the preparation of a feasibility study. BACKGROUND The Hills & Dales Area Streets have continued to deteriorate over the years with the streets having a current weighted average Pavement Condition Index (PCI) rating of 40 (on a scale from 1 to 100). The public works department continues to spend a considerable amount of time maintaining these streets by patching potholes in severe areas to sustain a minimum level of service. There is very little storm sewer in the project area with the majority of the street runoff flowing across the road surface and adjacent to residential yards. The public works department has stated that a considerable amount of effort is spent each winter dealing with ice buildup on the streets in the project area. The minimal amount of storm sewer, little to no curb and gutter, and a lack of a defined crown in the road have contributed to the deterioration of the streets by allowing water to pond in the street section. This has lead to increased degradation due to freeze thaw cycles. The majority of the street runoff flows untreated off of neighborhood streets and is discharged to Keller Lake (current MPCA status - impaired lake). To address the issues within this neighborhood a full reconstruction of the road is needed. This project would consist of approximately 3.1 miles of full street reconstruction. It is necessary to fully reconstruct these streets to improve serviceability and drainage, meet city standards, and relieve the maintenance department of continual repairs. Stormwater quality features will also be needed in this area to reduce the amount of pollutants and excess nutrients that currently flow untreated off of the neighborhood streets. Staff will initiate the project process and feasibility study by sending an information letter to the neighborhood residents. Late this summer the engineering department will begin topographic surveys and preliminary engineering studies of the project area. Staff will follow up with several neighborhood meetings late this summer and into the fall as the feasibility study is being completed. It is anticipated that the public hearing will be held late this year. Packet Page Number 91 of 159 Agenda Item L1 BUDGET Given that the project area consists of approximately 3.1 miles of roads, a not -to- exceed project budget of $80,000 would be established for the project development. This amount will cover topographic surveying, soil borings, preparation of the feasibility report, preliminary engineering, and wetland delineations (as needed). Due to the size and scope of the project the staff will monitor the project budget as the feasibility study progresses. In the event that additional funding is needed to complete the feasibility study, staff will return to the city council with a report of the current status of the study and a request for additional funding. RECOMMENDATION Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the Hills & Dales Area Street Improvements, Project 09 -15. Attachments: 1. Resolution 2. Capital Improvement Plan - Project Details 3. Location Map Packet Page Number 92 of 159 Agenda Item L1 Attachment 1 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Hills & Dales Area Streets, City Project 09 -15 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $80,000 are appropriated to prepare this feasibility Approved this 10 day of August 2009 Packet Page Number 93 of 159 Agenda Item L1 CITY OF MAPLEWOOD Attachment 2 CAPITAL IMPROVEMENT PLAN 2010-2014 PROJECT TITLE: Hills & Dales Area Streets TOTAL COST: $5,470,000 PROJECT NUMBER: PW06.140 I PROJECT CATEGORY: Public Works DESCRIPTION: Neighborhood street reconstruction and pavement replacement projects JUSTIFICATION: Hills and Dales is the name of a plat in the area west of English St., north of the Gateway Trail. The majority of the streets in the project area require full reconstruction. There is little to no storm water management in the area and many drainage problems exist. Cope Ct. east of Atlantic St. will only require replacement of the pavement. Hills & Dales Area Streets: Ryan Ave., Shryer Ave., Skillman Ave., Belmont Ln., Burke Ave., Duluth St. & PI., Atlantic St., Chambers St., Junction Ave., Leland Rd., Lark Ave., Day Rd. and Cope Ct. 3.1 miles of streets, Average PCI: 50/100 PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding Source - Prior Years 2010 3 2011 ,' 2012 2013 2014 {Funding Total;; 'Bonds-G.O. Improvement 280,000 2,196,900 0 0 0 0 2,476,9001 ;Bonds- Special Assessment 0 1,641,000 0 0 0 0 1,641,000 'Sanitary Sewer Fund 0 278,000 0 0 0 0 278,000 !St. Paul Water 0 109,400 0 0 0 0 109,400 `St. Paul W.A.C. Fund 0 155,700 0 0 0 0 155,700 !Environmental Utility Fund 0 809,000 0 0 �- 0 0 809,000 PROJECT COSTS PROJECT STARTING DATE: July 2009 Preliminaries: $280,000 Land Acquisition: $0 PROJECT COMPLETION DATE: October 2010 Construction: $5,190,000 Equipment and Other: $0 NEIGHBORHOOD: 06 - Sherwood Glen Project Costs: $5,470,000 58 Packet Page Number 94 of 159 ` - ' SEXTANT 1 AVE. L — — ----- GER-VAIS---,", . ..... .......... - -------- - - ------- ----- Cn �� >> COPE CT. D tLA R K 25 0 Co. RD. ry 0 GO 61 MR AVE. MI•NIFN LJ- 0 Item Ll iment 3 S A IL LA� F .......... JUNCTION < AVE. Timberf-- As Park Az- BURKE ry : : B M CIR ELDR� I ID L N. �-- i Cn NVE. BELMONT Cn SKILL SKILLMAN SH�� AvE W > CY C, D 11 Robinhood Q U Park Cn rn TR A IL ❑ 0 1 (f� Flicek Li Park < Cn a_ FIR ST j AVE. ry W v) C/O LLJ I FE AVE. cl:� UMM ER AV E. 62 IW <I Gloster Park co 1 F "5 A\/r- W L PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 201 Hills & Dales Area Street Improvements City Project 09-15 Packet Page Number 95 of Agenda Item L.2 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Consider Resolution of Support for an Extension to the Gladstone Neighborhood Livable Communities Grant DATE: August 4, 2009 for the August 10 City Council Meeting INTRODUCTION Maplewood's Livable Communities Account (LCA) Grant for the Gladstone Neighborhood Redevelopment Area will expire on December 31, 2009. The city was awarded $1.8 million in grant monies to fund a roundabout, road improvements, and stormwater treatment ponds within the Gladstone Neighborhood Redevelopment Area. These public improvements were planned in conjunction with the Shores senior housing development project to be located within the previous St. Paul Tourist Cabin property on Frost Avenue and East Shore Drive. DISCUSSION The grant was awarded for a two -year period, originally expiring on December 31, 2008. Due to a delay in the Shores development, Maplewood requested a one -year extension of the grant. On October 17, 2008, the Metropolitan Council approved Maplewood's request for an extension with a new expiration date of December 31, 2009 (Attachment 1). Since that time the city has been in discussions with a prospective developer for the completion of the Shores development, it is now apparent that the development and public improvements cannot be complete by the end of the year as required by the grant agreement. City staff has met with the Metropolitan Council to discuss the delays and to request an additional extension to the grant. Metropolitan Council staff indicated that they cannot approve an additional extension administratively, as was the case with the first extension. For this reason, they have placed Maplewood's LCA grant extension request on the August 17, 2009, Community Development Committee agenda for consideration. In preparation of the August 17, 2009, Community Development Committee meeting, staff is recommending that the city council approve a resolution supporting the grant extension. RECOMMENDATION Approve the attached resolution (Attachment 2). This resolution is in support of the city's request for a one -year extension (expiring December 31, 2010) to the city's Livable Communities Account grant for the Gladstone Neighborhood. P:com- dev \gladstone 2006 b ant \8 -13 -09 CC (Grant Amendment) Attachments: 1. 2009 Grant Agreement 2. Resolution of Support for Grant Extension Packet Page Number 96 of 159 Attachment 1 Grant No. SGO06 -168 AMENDMENT AND EXTENSION OF METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGRAM GRANT AGREEMENT THIS AGREEMENT is made and entered into by the Metropolitan Council ("Council ") and the City of Maplewood ( "Grantee "). WHEREAS, on March 16, 2007 the Council and the Grantee entered into a grant agreement identified as Council Grant No. SGO06 -168 under which the Council provided $1,800,000.00 in Demonstration Account grant program funds to the Grantee to support the Grantee's Gladstone Neighborhood Redevelopment Project, and WHEREAS, pursuant to Paragraph 4.01 of Grant No. SGO06 -168 the grant agreement will terminate on its "End Date] of December 31, 2008; and WHEREAS, pursuant to Paragraph 4.03 of Grant No. SGO06 -168 the End Date may be extended only once and the one -time extension may not exceed one year beyond the original End Date identified at Page 1 of the grant agreement, and WHEREAS, by letter dated October 6, 2008, the Grantee requested a one -year extension of the grant agreement to allow more time for the project to be completed; and WHEREAS, the parties mutually agree that the grant agreement should be continued and extended beyond its December 31, 2008 End Date so the grant funds can be used for their intended purposes. NOW, THEREFORE, pursuant to Paragraph 4.03 of Grant No. SGO06 -168 and in consideration of the promises and covenants contained in this agreement, the Council and the Grantee agree to amend and extend Grant No. SGO06 -168 as follows: The "END BATE" identified at Page 1 of the Agreement and referenced in Paragraph 4.01, Term, is changed from December 31, 2008 to December 31, 2009. Page 1 (?f2 Wages Packet Page Number 97 of 159 Except for this modification, the provisions of Grant No. SGO06-168 shall remain in force and effect without change and Grant No. SGO06-168 shall be extended as provided in this agreement. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. Approved as to Form: METROPOLITAN' COUNCIL -- Associate neral Counsel By: Guy Peterson, Director Community Development Division Date: �op CITY OF MAPLEWQOD Page 2 of 2 Pages Packet Page Number 98 of 159 .del Attachment 2 Resolution of Support for the Gladstone Neighborhood Livable Communities Act Extension WHEREAS, in 2006 the City of Maplewood received a Livable Communities Demonstration Account Grant (hereinafter termed the "grant ") in the amount of $1.8 million for public improvements associated with Phase I redevelopment of the Gladstone Neighborhood. WHEREAS, the grant is dependent on the completion of the proposed senior housing development as specified in the April 2007 Gladstone Neighborhood Redevelopment Master Plan and the associated public improvements along Frost Avenue and East Shore Drive. WHEREAS, the original grant expiration date was December 31, 2008. WHEREAS, due to the delay in the senior housing development the city was granted a one -year grant extension (December 31, 2009) by the Metropolitan Council for the use of the grant funds. WHEREAS, the city has been in discussions with a prospective developer for the completion of the senior housing development and the city hopes to have a development agreement for the senior housing in place by the end of August 2009. WHEREAS, due to the continued delay of the senior housing development the city is unable to complete the public improvements associated with the grant by the December 31, 2009, expiration date and is requesting an additional one -year extension (December 31, 2010) of the grant from the Metropolitan Council. WHEREAS, the Metropolitan Council has placed the grant review on the August 17, 2009, Community Development Committee agenda for consideration. NOW, THEREFORE, BE IT RESOLVED that the Maplewood city council would like to express our full support of the proposed one -year grant extension to the Community Development Committee and indicates. The city council further asserts that they have full faith that the senior housing development and associated public improvements will be complete by the requested new expiration date of December 31, 2010. The Maplewood City Council adopted this resolution on August 10, 2009. Packet Page Number 99 of 159 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 100 of 159 AGENDA NO. M -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: August 10, 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: $ 374,863.65 Checks 4 78937 thru 4 78995 dated 07/28/09 $ 140,019.31 Disbursements via debits to checking account dated 07/17/09 thru 07124109 $ 363,316.42 Checks 4 78996 thru 4 78069 dated 07/24/09 thru 08/04/09 $ 353,864.52 Disbursements via debits to checking account dated 07/24/09 thru 07/31/09 $ 1,232,063.90 Total Accounts Payable PAYROLL $ 621,170.13 Payroll Checks and Direct Deposits dated 07124109 $ 2,341.75 Payroll Deduction check 4 1007487 thru 9 1007488 dated 07124109 $ 623,511.88 Total Payroll $ 1,855,575.78 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments P:IAPPROVAL OF CLAIMS\2009\AprC1ms 7 -24 and 7- 31- 09.xit Packet Page Number 101 of 159 Check Register City of Maplewood 07123/2009 Check Date Vendor Description Amount 78937 07128/2009 00283 CENTURY COLLEGE CPR TRAINING 30.00 78938 07128/2009 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - APRIL 1,003.40 07/28/2009 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - JUNE 885.95 07/28/2009 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - MAY 860.00 78939 07/28/2009 00687 HUGO'S TREE CARE INC TREE REMOVAL 1,491.00 07128/2009 00687 HUGO'S TREE CARE INC TREE TRIMMING 319.50 07/28/2009 00687 HUGO'S TREE CARE INC TREE TRIMMING 292.88 78940 07/28/2009 01337 RAMSEY COUNTY -PROP REC & REV 911 DISPATCH SERVICES -JUNE 18,147.92 07/28/2009 01337 RAMSEY COUNTY -PROP REC & REV MULCH FOR ROSE GARDENS LEGACY 916.99 78941 07128/2009 01337 RAMSEY COUNTY -PROP REC & REV PLANTS FOR PROJ 07 -25 2,860.80 07/28/2009 01337 RAMSEY COUNTY -PROP REC & REV PLANTS FOR PROJ 07 -25 1,732.12 07/28/2009 01337 RAMSEY COUNTY -PROP REC & REV PLANTS FOR PROJ 07 -26 912.72 78942 07/28/2009 01360 REINHART FOODSERVICE MDSE FOR RESALE 266.82 78943 07128/2009 01190 XCEL ENERGY ELECTRIC UTILITY 13,454.61 07/28/2009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 5,134.43 07/28/2009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,564.01 07/28/2009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,393.89 07128/2009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 274.65 07/28/2009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 252.32 07/28/2009 01190 XCEL ENERGY FIRE SIRENS 50.29 07/28/2009 01190 XCEL ENERGY METERED SPEED SIGN 11.54 78944 07128/2009 01798 YOCUM OIL CO. GASOLINE 10,872.95 78945 07/28/2009 03613 ACTION IMPRINTS SHIRTS - VOLUNTEERS IN POLICE SRVS 132.30 78946 07/28/2009 04321 ANOKA COUNTY GOVERNMENT CTR NOTARY PUBLIC CO REGISTRATION FEE 100.00 78947 07/28/2009 03870 BASIAGO LAW OFFICE PROD 09 -13 O & E 700.00 78948 07128/2009 03589 YANCY BECK REIMB FOR MEALS 4/19 4/22 69.43 78949 07/28/2009 00309 COMMISSIONER OF TRANSPORTATION PROD 07 -30 ENGINEERING FEES 265.42 78950 07/28/2009 02396 SHANN FINWALL REIMB FOR TUITION & BOOKS 516 - 6124 1,767.50 78951 07/28/2009 00531 FRA -DOR INC. DISPOSAL OF ASPHALT & CONCRETE 255.91 78952 07128/2009 00543 GE CAPITAL LEASE ON RICOH MP1100 897.77 07/28/2009 00543 GE CAPITAL RICOH COPIER 353.51 78953 07/28/2009 00561 GENERAL REPAIR SERVICE REPAIR SEWAGE PUMP LIFT STATION 1,525.64 78954 07/28/2009 04320 GREEN ESPEL PLLP LEGAL FEES 3,502.00 78955 07128/2009 04306 INSTANT WHIP - MINNEAPOLIS, INC. MDSE FOR RESALE 158.05 78956 07/28/2009 04322 JON W. BRANDT ESCROW RELEASE 2831 SOUTHLAWN 7,313.34 07/28/2009 04322 JON W. BRANDT ESCROW RELEASE 2815 SOUTHLAWN 1,551.27 07/28/2009 04322 JON W. BRANDT ESCROW RELEASE 2817 SOUTHLAWN 1,279.49 07128/2009 04322 JON W. BRANDT ESCROW RELEASE 2819 SOUTHLAWN 1,279.49 07/28/2009 04322 JON W. BRANDT ESCROW RELEASE 2821 SOUTHLAWN 1,279.49 07/28/2009 04322 JON W. BRANDT ESCROW RELEASE 2823 SOUTHLAWN 1,273.60 07/28/2009 04322 JON W. BRANDT ESCROW RELEASE 2825 SOUTHLAWN 1,273.60 07128/2009 04322 JON W. BRANDT ESCROW RELEASE 2827 SOUTHLAWN 1,273.60 78957 07/28/2009 00881 STEVE LUKIN FOOD FOR DEPT PICNIC 425.00 78958 07/28/2009 02336 M A TAYLOR INC FITNESS TESTING POLICE & FIRE 2ND 1,500.00 78959 07/28/2009 04182 M H A ADVERTISEMNET & EXHIBITOR TABLE 189.00 78960 07128/2009 00932 MAPLEWOOD BAKERY GREEN TEAM MEETING COOKIES 24.51 78961 07/28/2009 00985 METROPOLITAN COUNCIL WASTEWATER - AUGUST 213,483.08 78962 07/28/2009 00986 METROPOLITAN COUNCIL MONTHLY SAC - JUNE 39,114.75 78963 07/28/2009 02617 ALESIA METRY REIMB FOR TUITION & BOOKS 111 - 611 2,440.65 78964 07128/2009 04193 MIDAMERICA AUCTIONS FORFEITED VEHICLE STORAGE - JULY 2,250.00 78965 07/28/2009 01175 CITY OF NORTH ST PAUL MONTHLY UTILITIES 2,881.22 78966 07/28/2009 00001 ONE TIME VENDOR REIMB J RYAN DRIVEWAY PROJ 07 -21 554.40 78967 07/28/2009 00001 ONE TIME VENDOR REFUND A RYAN AMB MW913351 182.05 Packet Page Number 102 of 159 78968 0712812009 00001 ONE TIME VENDOR REFUND B MCDOWELL CLASS 180.00 78969 0712812009 00001 ONE TIME VENDOR REFUND P VILLEGAS BANQUET ROOM 175.00 78970 0712812009 00001 ONE TIME VENDOR REFUND D PETERSON AMB MW9232 92.66 78971 0712812009 00001 ONE TIME VENDOR REFUND R MERRICK AMB MW9487 83.04 78972 0712812009 00001 ONE TIME VENDOR REFUND M SANDERS AMB MW91201 81.66 78973 0712812009 00001 ONE TIME VENDOR REFUND JAKE'S CITY GRILL OVERPD 75.00 78974 0712812009 00001 ONE TIME VENDOR REFUND R EGGERT MEMBERSHIP 48.04 78975 0712812009 00001 ONE TIME VENDOR REFUND CORBETT HP BENEFIT 40.00 78976 0712812009 00001 ONE TIME VENDOR REFUND E BIAGI HP BENEFIT 40.00 78977 0712812009 00001 ONE TIME VENDOR REFUND CORBO HP BENEFIT 40.00 78978 0712812009 00001 ONE TIME VENDOR REFUNDJ CARLSON HP BENEFIT 20.00 78979 0712812009 00001 ONE TIME VENDOR REFUND B BORGESON HP BENEFIT 20.00 78980 0712812009 00001 ONE TIME VENDOR REFUND J STEINER AMB MW9996 17.43 78981 0712812009 01341 RAMSEY CTY FIRE CHIEFS ASSN IN HOUSE FIRE TRAINING 5,400.00 78982 0712812009 01340 REGIONS HOSPITAL MEDICAL SUPPLIES 450.36 78983 0712812009 01387 DR. JAMES ROSSINI ADMIN FEE FOR STRESS TEST - JULY 100.00 78984 0712812009 04043 SCHWAN FOOD CO MDSE FOR RESALE 67.53 0712812009 04043 SCHWAN FOOD CO MDSE FOR RESALE 20.67 78985 0712812009 01463 SISTER ROSALIND GEFRE MCC MASSAGES - JUNE 1,123.00 78986 0712812009 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 6,528.40 78987 0712812009 01836 CITY OF ST PAUL CRIME LAB SERVICES - JUNE 490.00 0712812009 01836 CITY OF ST PAUL RADIO SHOP SERVICES - JUNE 74.72 78988 0712812009 01836 CITY OF ST PAUL RENTAL OF SNOWMOBILE -TASTE OF 275.00 78989 0712812009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 1,498.18 0712812009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 612.55 78990 0712812009 04071 TERRACON CONSULTANTS, INC. PROD 07 -21 ENGINEERING FEES 273.25 78991 0712812009 03598 PAUL THEISEN REIMB FOR TUITION & BOOKS 4115 - 6125 1,102.50 78992 0712812009 01654 TRUGREEN- CHEMLAWN #4635 CONWAY AVE WEED CONTROL 230.33 78993 0712812009 01698 UNITED WAY OF THE ST. PAUL QRT PMT - 2ND 91.00 78994 0712812009 04179 VISUAL IMAGE PROMOTIONS PROGRAMMING DISPLAY SIGN MCC - 250.00 0712812009 04179 VISUAL IMAGE PROMOTIONS PROGRAMMING DISPLAY SIGN MCC - 250.00 0712812009 04179 VISUAL IMAGE PROMOTIONS PROGRAMMING DISPLAY SIGN MCC - 250.00 78995 0712812009 01750 THE WATSON CO INC MDSE FOR RESALE 649.34 0712812009 01750 THE WATSON CO INC MDSE FOR RESALE 189.13 374 863.65 59 Checks in this report. Packet Page Number 103 of 159 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 07/17/09 07/20/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 14,157.25 07120/09 07/21/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 15, 847.51 07120/09 07/21/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 4,646.93 07120/09 07/20/09 MN Dept of Natural Resources DNR electronic licenses 1,557.00 07121/09 07/22/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,227.10 07/22109 07/23/09 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 17,465.40 07/22109 07/23/09 US Bank VISA One Card Purchasing Card Items 58,784.87 07/23/09 07/24/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 14,333.25 TOTAL *Detailed listing of VISA purchases is attached. - 14u,v - 1 y.,1 Packet Page Number 104 of 159 Check Register 0713112009 City of Maplewood Check Date Vendor Description Amount 78996 07/24/2009 04314 EMMONS & OLIVIER RESOURCES INC INITIAL MEETING WITH CITY 10,034.00 78997 07128/2009 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 1,524.15 78998 0712812009 03738 BETHEL & ASSOCIATES, PA RETAINER FOR LEGAL SERVICES -AUG 6,600.00 78999 0712912009 02464 US BANK REPLENISH ATM MACHINE AT CITY HALL 8,000.00 79000 07130/2009 04325 GEM OF FARGO, LLC PURCHASE OF ELECTRIC VEHICLE 10,149.00 79001 07130/2009 00001 ONE TIME VENDOR C SHERMAN DIRECT DEPOSIT 670.99 79002 08/04/2009 02728 KIMLEY -HORN & ASSOCIATES INC PROD 09 -13 PROF SRVS THRU 6 /30 67,480.74 08/0412009 02728 KIMLEY -HORN & ASSOCIATES INC PROD 08 -13 PROF SRVS THRU 6130 51,731.60 08104/2009 02728 KIMLEY -HORN & ASSOCIATES INC PROD 09 -04 PROF SVRS THRU 6130 46,399.79 08/04/2009 02728 KIMLEY -HORN & ASSOCIATES INC PROD 08 -16 PROF SRVS THRU 6/30 12,932.04 08/0412009 02728 KIMLEY -HORN & ASSOCIATES INC PROD 04 -21 PROF SRVS THRU 6130 11,193.60 08/0412009 02728 KIMLEY -HORN & ASSOCIATES INC PROD 07 -30 PROF SRVS THRU 6130 5,488.15 08104/2009 02728 KIMLEY -HORN & ASSOCIATES INC PROD 07 -15 PROF SRVS THRU 6130 670.00 79003 08/04/2009 01337 RAMSEY COUNTY -PROP REC & REV NATIVE PLANTS FOR NC TRAILS 34.08 79004 08/04/2009 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 21,098.58 08/04/2009 01190 XCEL ENERGY ELECTRIC UTILITY 1,195.72 08/04/2009 01190 XCEL ENERGY ELECTRIC UTILITY 59.66 79005 08/04/2009 01798 YOCUM OIL CO. DIESEL FUEL 6,264.00 79006 08/0412009 00058 CRAIG AICHELE TOOL ALLOWANCE 410.00 79007 08/0412009 02510 ANIMALS OF WALTON'S HOLLOW EVENT AT TASTE OF MAPLEWOOD 550.00 79008 08104/2009 00115 MALADY ANZALDI REIMB FOR MILEAGE 411 - 6/30 90.07 08/04/2009 00115 MALADY ANZALDI REIMB FOR B -DAY SUPPLIES 619 30.65 79009 08/04/2009 00116 APPEARANCE PLUS CAR WASH CAR WASHES - MAY 208.47 08/0412009 00116 APPEARANCE PLUS CAR WASH CAR WASHES - APRIL 204.76 08104/2009 00116 APPEARANCE PLUS CAR WASH CAR WASHES - JUNE 194.90 79010 08/04/2009 03890 APPLE GLASS REPAIR CHIP IN WIDSHIELD DC4 60.00 79011 08/0412009 01936 CHAD BERGO REIMB FOR MILEAGE & INT 6118 - 7124 73.73 79012 08/0412009 03513 BRIAN BIERDEMAN K -9 MAINTENANCE AUG 35.00 79013 08104/2009 04260 BLUE CROSS BLUE SHIELD OF MN REFUND AMB 08971 1,787.41 08/04/2009 04260 BLUE CROSS BLUE SHIELD OF MN REFUND AMB 082407 1,780.83 79014 08/04/2009 00221 BROCK WHITE COMPANY, LLC. CRACK SEALING MATERIAL 1,486.36 79015 08/04/2009 02149 HEIDI CAREY REIMB FOR MILEAGE 5/18 - 7/22 41.45 08/04/2009 02149 HEIDI CAREY REIMB FOR MILEAGE 3/26 - 518 24.20 08/04/2009 02149 HEIDI CAREY REIMB FOR MILEAGE 6/29 15.40 79016 08/0412009 00354 CUSTOM FIRE APPARATUS, INC. SEAT BELT E1 167.26 79017 08/0412009 00399 DIAMOND VOGEL PAINTS PAINT FOR PARK PARKING LOT 816.83 08104/2009 00399 DIAMOND VOGEL PAINTS PAINT FOR PARK PARKING LOT 160.69 08/04/2009 00399 DIAMOND VOGEL PAINTS PAINT FOR PARK PARKING LOT 37.00 79018 08/04/2009 04309 MEGAN EATON REIMB FOR MILEAGE 6129 - 7/9 58.85 08/0412009 04309 MEGAN EATON REIMB FOR MILEAGE 7/13 - 7/24 51.65 79019 08104/2009 04110 GRETCHEN FLEENER FACE PAINTER FOR TASTE OF 295.00 79020 08/04/2009 03516 ANTHONY GABRIEL SECURITY OFFICER FOR MCC AUG 1 280.00 08/0412009 03516 ANTHONY GABRIEL K -9 MAINTENANCE AUG 35.00 79021 08/0412009 04206 H.A. KANTRUD PROSECUTION & LEGAL SRVS - AUG 16,500.00 79022 08104/2009 02351 PAT HAYES BAND FOR TASTE OF MAPLEWOOD 1,600.00 79023 08/04/2009 00615 HLB TAUTGES REDPATH, LTD 2008 AUDIT 22,596.75 08/04/2009 00615 HLB TAUTGES REDPATH, LTD 2008 AUDIT 7,630.75 79024 08/04/2009 02995 INTEGRATED LOSS CONTROL INC ANNUAL AWAIR, RIGHT OT KNOW 1,074.00 79025 08/04/2009 04266 COLLEEN LAYMAN REIMB FOR MILEAGE & PARKING 7/21 52.75 79026 08/04/2009 03641 LEE'S NURSERY INC TREE SEEDLINGS FOR ARBOR DAY 154.04 79027 08/0412009 01951 MEDICARE REFUND REFUND AMB 082116 277.32 79028 08/0412009 03270 MICHAEL A. MILLER /ISN ADULT SOFTBALL UMPIRES 7/16 - 8/9 2,090.00 79029 08104/2009 01136 NARDINI FIRE EQUIP CO INC INSPECTION OF FIRE SUPPRESSION SYS 295.85 79030 08/04/2009 01202 NYSTROM PUBLISHING CO INC PRINTED BROCHURES FOR NC 738.68 79031 08/04/2009 00001 ONE TIME VENDOR REIMB S DRAUSE PROD 08 -10 193.74 Packet Page Number 105 of 159 79032 08104/2009 00001 ONE TIME VENDOR REFUND A BUKVICH MEMBERSHIP 153.72 79033 0810412009 00001 ONE TIME VENDOR REFUND D RINGSTAD UCARE BENEFIT 100.00 79034 0810412009 00001 ONE TIME VENDOR REFUND T HANSFORD AMB 08971 94.07 08104/2009 00001 ONE TIME VENDOR REFUND T HANSFORD AMB 082407 93.73 79035 08/04/2009 00001 ONE TIME VENDOR REFUND CUSTOM REMODELERS BL -09- 92.50 79036 08/04/2009 00001 ONE TIME VENDOR REFUND R NEELY SWIM CLASS 68.00 79037 08/0412009 00001 ONE TIME VENDOR C DOBIHAL AUG WINNER OF 50.00 79038 08104/2009 00001 ONE TIME VENDOR REFUND C MILKER HP BENEFIT 40.00 79039 08/04/2009 00001 ONE TIME VENDOR REFUND M WOLFF HP BENEFIT 40.00 79040 08/0412009 00001 ONE TIME VENDOR REFUND C SPEARS AMB 082116 37.55 79041 08/0412009 00001 ONE TIME VENDOR REFUND K TACHENY BCBS BENEFIT 20.00 79042 08104/2009 01254 PEPSI -COLA COMPANY MDSE FOR RESALE 575.45 79043 08/04/2009 01284 POSTMASTER MAILING SEPT CITY NEWS PERMIT 4903 4,500.00 79044 08/04/2009 01284 POSTMASTER ANNUAL BRM PERMIT FEE #4903000 185.00 79045 08/04/2009 01302 STEVEN PRIEM TOOL ALLOWANCE 410.00 79046 08/04/2009 04319 PRO HYDRO- TESTING HYDRO - TESTING FOR SCBA CYLINDERS 4,140.00 79047 08/04/2009 02008 RAMSEY COUNTY PUBLIC WORKS TRAFFIC SIGNAL MAINTENANCE 621.42 79048 08/0412009 01338 RAMSEY COUNTY -VITAL RECORDS REGISTER NOTARY COMM WITH 300.00 79049 08/0412009 04221 RANDY'S MEATS & GOOD STUFF MDSE FOR RESALE 113.23 79050 08104/2009 04323 ERIKA S. RUNGE -ZINS LEGAL FEES FOR COURT REPORTER 100.00 79051 08/04/2009 01409 S.E.H. PROJ 08 -10 ENGINEERING FEES 3,062.43 79052 08/04/2009 01418 SAM'S CLUB DIRECT ITEMS FOR DEPT PICNIC 557.76 08/0412009 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 313.71 08104/2009 01418 SAM'S CLUB DIRECT DAY CAMP PROG SUPPLIES 223.66 08/04/2009 01418 SAM'S CLUB DIRECT VENDING MACHINE SUPPLIES 175.72 08/0412009 01418 SAM'S CLUB DIRECT B -DAY, DAYCAMP, CHILDCARE SUPPLIES 120.11 08/0412009 01418 SAM'S CLUB DIRECT SUPPLIES 54.42 08104/2009 01418 SAM'S CLUB DIRECT B -DAY & CHILDCARE SUPPLIES 52.22 08/04/2009 01418 SAM'S CLUB DIRECT CANDY RAMSEY CO PARADE -TASTE OF 42.34 08/04/2009 01418 SAM'S CLUB DIRECT SUPPLIES FOR JULY 4TH 36.98 08/04/2009 01418 SAM'S CLUB DIRECT B -DAY JUICE BOXES 28.48 08/04/2009 01418 SAM'S CLUB DIRECT B -DAY FROG SUPPLIES 16.64 08/04/2009 01418 SAM'S CLUB DIRECT PRESCHOOL CAMP SUPPLIES 15.38 08/0412009 01418 SAM'S CLUB DIRECT DAYCAMP PROG SUPPLIES -10.93 79053 08/0412009 04074 ELAINE SCHRADE SUMMER TAI CHI SESSIONS 7115 -9116 390.00 08104/2009 04074 ELAINE SCHRADE SUMMER TAI CHI SESSIONS 6/3 -6/24 270.00 79054 08/04/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 40.56 79055 08/04/2009 01455 MICHAEL SHORTREED NATIONAL NIGHT OUT SUPPLIES 7125- 439.56 79056 08/0412009 02274 SPRINT SPRINT SRVS 6115 -7114 5,736.50 79057 08104/2009 01836 CITY OF ST PAUL WIRELESS CAD SYS ACCESS 6,400.00 08/04/2009 01836 CITY OF ST PAUL WIRELESS CAD SYS ACCESS 2,700.00 08/0412009 01836 CITY OF ST PAUL EMERGENCY VEH OPERATIONS 900.00 79058 08/0412009 02981 STORK TWIN CITY TESTING CORP PROD 08 -10 ENGINEERING FEES 1,540.00 08104/2009 02981 STORK TWIN CITY TESTING CORP PROD 08 -12 ENGINEERING FEES 1,505.00 79059 08/04/2009 02705 DAVE SWAN REIMS FOR MILEAGE 7112 - 7/18 216.70 79060 08/04/2009 01573 TOM SZCZEPANSKI REIMB FOR MEALS 6/22 16.42 79061 08/04/2009 04313 TRAFFIX DEVICES INC. REPLACEMENT PARTS FOR WARNING 24.61 79062 08/04/2009 04324 TRAVELING PHOTO BOOTH TASTE OF MAPLEWOOD EVENT 453.18 79063 08/04/2009 04131 TROPICAL BALLROOM DANCE LINE INSTRUCTION 357.90 79064 08/0412009 04326 UNITED HEALTH CARE INS. CO. REFUND AARP AMB 082116 69.33 79065 08/0412009 03682 USA INFLATABLES INFLATABLES FOR TASTE OF 1,037.60 79066 08104/2009 02879 WASHINGTON COUNTY REGISTER NOTARY COMM 200.00 79067 08/04/2009 01757 CABOT WELCHLIN REIMB FOR HELMET & GLOVES 7/26 79.98 79068 08/04/2009 01980 WHITE BEAR GLASS INC REPLACEMENT OF BROKEN WINDOW 480.00 79069 08/0412009 03378 MATT WOEHRLE TOOL ALLOWANCE 410.00 74 Checks in this report. 363.316.42 Packet Page Number 106 of 159 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 07/24109 07/27/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 16,300.06 07124/09 07/27/09 Mon ICMA (Vantagepointe) Deferred Compensation 3,834.38 07124/09 07/27/09 Mon Great West Deferred Compensation 25,158.00 07124/09 07/27/09 Mon MN Dept of Natural Resources DNR electronic licenses 1,010.50 07127/09 07/28/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,241.13 07/27109 07/28/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 2,821.75 07/27109 07/28/09 Tues PERA PERA 84,473.23 07/27/09 07/28/09 Tues US Treasurer Federal Payroll Tax (FICA) 124,971.85 07/27/09 07/28/09 Tues Pitney Bowes Postage 2,985.00 07128/09 07/29/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 18,352.88 07128/09 07/29/09 Wed WI Dept of Revenue State Payroll Tax 1,196.64 07128109 07/29/09 Wed MN State Treasurer State Payroll Tax 24,728.31 07/28109 07/29/09 Wed Labor Unions Union Dues 3,403.12 07/29109 07/30/09 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 14,125.13 07129/09 07/30/09 Thurs ARC Administration DCRP & Flex plan payments 3,926.57 07/30/09 07/31/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,335.97 TOTAL *Detailed listing of VISA purchases is attached. SbS�ifb4.b2 Packet Page Number 107 of 159 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 07/24109 BRUNSBERG, STEVEN 117.50 071241/09 HJELLE, ERIK 416.42 07124109 JLTENEMANN. KATHLEEN 416.42 07/24109 NEPHEW, JOHN 416.42 071241;09 PERKINS, MATTHEW 210.00 07!24/09 ROSSBACH, WILLIAM 416.42 07/24/09 STRAUTMANIS, MARIS 146.25 071241'09 AHL, R. CHARLES 4,821.44 07/24109 ANTONEN, JAMES 5,300.00 07/24/09 BURLINGAIVIE, SARAH 1,772.42 07/24/09 CHRISTENSON, SCOTT 1,925.43 07/24109 FARR, LARRY 2,542.04 07124109 JAHN, DAVID 1,788.37 07/24/09 RAMEAUX, THERESE 2,942.50 07/24/09 FORMANEK, KAREN 1,633.35 071241;09 MITTET, ROBERT 3,572.04 07/24109 ANDERSON, CAROLE 1,114.35 07/24/09 DEBILZAN. JUDY 1,143.16 07/24/09 JACKSON, MARY 2,042.95 07/24109 KELSEY, CONNIE 2,494.26 071241;09 LAYMAN, COLLEEN 2,743.10 07/24/09 CAREY, HEIDI 2,423.75 07/24/09 GUILFOILE, KAREN 3,918.10 07124109 KROLL, LISA 1,726.72 07/24109 NEPHEW, MICHELLE 1,441.35 07/24/09 PETERSON. JORDAN 607.50 07/24/09 SCHMIDT, DEBORAH 2,395.37 07/24109 SPANGLER, EDNA 1,077.05 071241'09 CORTESL LUANNE 964.67 07/24/09 JAGOE, CAROL 1,833.17 07/24/09 KELLY, LISA 1,098.29 071241;09 LARSON, MICHELLE 1,310.66 07/24109 MECHELKE, SHERRIE 1,279.69 07/24/09 MOY, PAMELA 1,191.38 07/24/09 OSTER, ANDREA 1,833.17 07/24109 WEAVER, KRISTINE 1,859.86 071241;09 CORCORAN, THERESA 1,844.55 07/24/09 KVAM, DAVID 4,086.18 07/24/09 PALANK, MARY 1,838.86 071241'09 POWELL, PHILIP 2,818.15 07/24109 SVENDSEN, JOANNE 2,022.59 07/24/09 THOMALLA. DAVID 4,839.74 07/24/09 YOUNG, TAMELA 1,844.55 07/24109 ABEL, CLINT 2,845.38 07124109 ALDRIDGE, MARK 2,958.77 Packet Page Number 108 of 159 07124109 BAKKE, LONN 2,945.95 07/24109 BARTZ, PAUL 3,604.02 071241/09 BELLE, STANLEY 2,907.47 07124109 BENJAMIN, MARKESE 2,427.16 07/24109 BIERDEMAN, BRIAN 3,456.12 071241;09 BOHL, JOHN 3,324.42 07!24/09 BUSACK, DANIEL 3,286.71 07/24/09 COFFEY, KEVIN 2,693.52 071241'09 CROTTY, KERRY 3,405.59 07/24109 DEMULILNG, JOSEPH 2,09398 07/24/09 DOBLAR.. RICHARD 3,473.16 07/24/09 DUGAS, MICHAEL 4,194.47 07/24109 FRITZE, DEREK 2,797.16 07124109 GABRIEL, ANTHONY 3,037.92 07/24/09 HAWKINSON JR, TIMOTHY 2,323.99 07/24/09 HER, PHENG 2,093.98 071241;09 HILBERT, STEVEN 2,804.87 07/24109 JOHNSON, KEVIN 5,02390 07/24/09 KALKA. THOMAS 845.88 07/24/09 KARIS, FLINT 3,452.02 07/24109 KONG, TOMMY 3,318.43 071241;09 KREKELER, NICHOLAS 693.52 07/24/09 KROLL, BRETT 2,704.40 07/24/09 LANGNER, TODD 2,742.54 07124109 LARSON, DANIEL 2,950.10 07/24109 LU, JOHNNIE 3,21391 07/24/09 MARINO, JASON 2,804.22 07/24/09 MARTIN, DANIEL 2 093.98 07/24109 MARTIN, JERROLD 2,90096 071241'09 MCCARTY, GLEN 2,923.24 07/24/09 METRY, ALESIA 4,464.72 07/24/09 NYE, MICHAEL 3,029.56 071241;09 OLSON, JULIE 2,893.35 07/24109 PALMA, STEVEN 1,563.73 07/24/09 RHUDE, MATTHEW 3,173.22 07/24/09 SHORTREED, MICHAEL 3,881.66 07/24109 STEFFEN, SCOTT 3,728.36 071241;09 STEINER, JOSEPH 3,086.63 07/24/09 SYPNIEWSKI, WILLIAM 2,681.98 07/24/09 SZCZEPANSKI, THOMAS 3,513.00 071241'09 TAUZELL, BRIAN 1,840.88 07/24109 IRAN, JOSEPH 3,185.52 07/24/09 WENZEL, JAY 2,874.73 07/24/09 XIONG, KAO 2,707.34 07/24109 BERGERON, JOSEPH 3,596.49 07124109 ERICKSON, VIRGINIA 3,062.72 07/24/09 FLOR, TIMOTHY 3,288.29 07/24/09 FRASER, JOHN 3,286.88 071241;09 LANGNER, SCOTT 2,896.00 07/24109 REZNY, BRADLEY 2,20898 07/24/09 THEISEN, PAUL 3,147.61 07/24/09 THIEVES, PAUL 3,769.26 07/24109 AMBORN, JASON 723.36 071241;09 BASSETT, BRENT 1,181.60 Packet Page Number 109 of 159 07124109 BAUMAN, ANDREW 2,508.50 07/24109 BECK, PATRICK 1,204.24 071241/09 BECK, YANCEY 856.80 07124109 BRUCKNER, KEVIN 359.37 07/24109 BUCHE, JOETTE 2,575.84 071241;09 CAPISTRANT, JACOB 820.71 07!24/09 CAPISTRANT, JOHN 1,975.64 07/24/09 CARDINAL, NICHOLAS 148.32 071241'09 CRAWFORD, RAYMOND 73.62 07/24109 CRUMMY, CHARLES 1,500.08 07/24/09 DAWSON, RICHARD 3,277.60 07/24/09 DOLLERSCHELL, ROBERT 293.39 07/24109 EVANS, JASON 1,001.20 07124109 EVERSON, PAUL 3,250.56 07/24/09 FASULO, WALTER 1,308.24 07/24/09 FERGUSON, ROBERT 884.00 071241;09 FITZGERALD, EDWARD 1,654.32 07/24109 FOSSUM, ANDREW 2,655.78 07/24/09 GARZA, BRANDON 607.92 07/24/09 HAGEN, MICHAEL 1,703.04 07/24109 HALWEG, JODI 2,812.21 071241;09 HEFFERNAN, PATRICK 2,240.16 07/24/09 HILL, ZACHARY 987.57 07/24/09 HJELLE, ERIK 2,084.72 07124109 IMM, TRACY 2,377.04 07/24109 JONES, JONATHAN 747.09 07/24/09 JUNGMAN N, BERNARD 3,256.63 07/24/09 KALKA, THOMAS 2 2 9. 5 2 07/24109 KANE, ROBERT 3,999.48 071241'09 KARNOWSKI, SANDRA 2,646.72 07/24/09 KORTUS, WILLIAM 1,400.88 07/24/09 LIDBERG, MICHAEL 1,293.52 071241;09 LOCHEN, MICHAEL 2,833.04 07/24109 MAHONEY, KENNETH 921.76 07/24/09 MILLER, NICHOLAS 2,175.76 07/24/09 MORGAN, JEFFERY 2,007.60 07/24109 NALIPENSKI, STEPHEN 1,317.44 071241;09 NIELSEN. KENNETH 682.74 07/24/09 NOLAN, PAUL 1,244.80 07/24/09 NOVAK, JEROME 1,272.84 071241'09 NOWICKI, PAUL 2,475.76 07/24109 OLSON, JAMES 2,57592 07/24/09 OPHEIM.. JOHN 2,310.32 07/24/09 PERBIX, CHARLES 2,423.09 07/24109 PETERSON, MARK 1,889.36 07124109 PETERSON, ROBERT 3,550.06 07/24/09 PODOBINSKI, LAURENCE 1,639.84 07/24/09 POWERS, KENNETH 1,392.75 071241;09 RAINEY, JAMES 1,736.64 07/24109 RAVENWALD, CORINNE 757.60 07/24/09 REYNOSO, ANGEL 855.04 07/24/09 RICE, CHRISTOPHER 1,491.24 07/24109 RICHARDSON, ANDREA 2,736.26 071241;09 RODRIGUEZ, ROBERTO 1,374.72 Packet Page Number 110 of 159 07124109 ROMANIK, JAMES 1,522.64 07/24109 SCHULTZ, JEROME 1,446.72 071241/09 SCHWARTZ, SHAWN 1,261.04 07124109 SEDLACEK, JEFFREY 3,121.86 07/24109 SHERMAN, CHRIS 85995 071241;09 STREFF, MICHAEL 2,522.74 07!24/09 SVENDSEN, RONALD 3,034.94 07/24/09 WHELEHAN, ROBERT 1,472.16 071241'09 WHITE, JOEL 1,847.44 07/24109 WYSE, ROBERT 1,022.72 07/24/09 YANG, LEE 628.20 07/24/09 GERVAIS -JR, CLARENCE 3,417.15 07/24109 LUKIN, STEVEN 4,38797 07124109 ZWIEG, SUSAN 2,170.15 07/24/09 KNUTSON, LOIS 1,848.56 07/24/09 NIVEN. AMY 1,371.42 071241;09 PRIEFER, WILLLAM 2,633.26 07/24109 AHL, GREGORY 960.00 07/24/09 BRINK, TROY 2,064.55 07/24/09 BUCKLEY, BRENT 1,889.47 07/24109 DEBILZAN, THOMAS 2,064.55 071241;09 EDGE, DOUGLAS 2,064.55 07/24/09 HAMRE, MILES 1,400.00 07/24/09 JONES, DONALD 2,064.55 07124109 MEISSNER, BRENT 1,767.57 07/24109 MEYER, GERALD 2,147.39 07/24/09 NAGEL.. BRYAN 3,229.26 07/24/09 OSWALD, ERICK 2,473.41 07/24109 RUNNING, ROBERT 2,22295 071241'09 SEINES, SAMUEL 960.00 07/24/09 TEVLIN, TODD 2,064.55 07/24/09 BURLINGAME. NATHAN 1,846.95 071241;09 DUCHARME, JOHN 2,375.50 07/24109 EATON, MEGAN 874.25 07/24/09 ENGSTROM, ANDREW 2,269.74 07/24/09 JACOBSON, SCOTT 2,054.23 07/24109 JAROSCH, JONATHAN 2,555.75 071241;09 KREGER, JASON 2,229.90 07/24/09 KUMMER, STEVEN 2,890.95 07/24/09 LINDBLOM, RANDAL 5,454.97 071241'09 LOVE, STEVEN 2,825.01 07/24109 O'CONNOR, DONOVAN 1,040.00 07/24/09 THOMPSON, MICHAEL 3,480.58 07/24/09 ZIEMAN, SCOTT 1,042.80 07/24109 EDSON, DAVID 2,106.68 07124109 GUNDERSON. ANDREW 1,157.50 07/24/09 HINNENKAMP, GARY 2,077.66 07/24/09 MARUSKA, MARK 3,090.00 071241;09 NAUGHTON, JOHN 2,064.55 07/24109 NORDQUIST, RICHARD 2,066.86 07/24/09 SCHINDELDECKER, JAMES 2,069.17 07/24/09 BIESANZ, OAKLEY 1,258.59 07/24109 DEAVER, CHARLES 748.03 071241;09 GERNES, CAROLE 697.70 Packet Page Number 111 of 159 07124109 HAYMAN, JANET 1,339.86 07/24109 HUTCHINSON, ANN 2,051.76 071241/09 SOUTTER, CHRISTINE 366.00 07124109 WACHAL, KAREN 755.08 07/24109 BERM, LOIS 82.50 071241;09 FINWALL, SHANN 2,989.35 07!24/09 FRY, PATRICIA 1,898.06 07/24/09 GAYNOR, VIRGINIA 4,208.10 071241'09 HALL, KATHLEEN 189.00 07/24109 KONEWKO, DUWAYNE 4,162.50 07/24/09 SINDT, ANDREA 1,977.35 07/24/09 THOMPSON, DEBRA 731.42 07/24109 EKSTRAND, THOMAS 3,707.78 07124109 MARTIN, MICHAEL 2,344.56 07/24/09 BRASH, JASON 1,850.95 07/24/09 CARVER, NICHOLAS 3,118.02 071241;09 FISHER, DAVID 3,687.08 07/24109 RICE, MICHAEL 2,559.75 07/24/09 SWAN, DAVID 2,610.15 07/24/09 WELLENS, MOLLY 1,507.26 07/24109 BERGER, STEPHANIE 24.75 071241;09 BJORK, ALICIA 763.63 07/24/09 BJORK, BRANDON 880.00 07/24/09 COLEMAN, JOHN 694.88 07124109 KOHLMAN, JENNIFER 84.50 07/24109 ROBBINS, AUDRA 2,513.20 07/24/09 ROBBINS, CAMDEN 210.81 07/24/09 ROBBINS, EMERALD 233.38 07/24109 RYCHLICKI, NICHOLE 424.00 071241'09 SCHALLER, SCOTT 94.50 07/24/09 SHERRILL, CAITLIN 538.88 07/24/09 STAPLES, PAULINE 3,309.18 071241;09 STROM, JON 120.00 07/24109 TAUBMAN, DOUGLAS 3,208.66 07/24/09 TAYLOR, JAMES 2,170.42 07/24/09 ADAMS, DAVID 2,004.63 07/24109 GERMAIN, DAVID 2,073.79 071241;09 HAAG. MARK 2,064.55 07/24/09 NADEAU, EDWARD 3,485.52 07/24/09 SCHULTZ, SCOTT 2,266.95 071241'09 ANZALDI, MANDY 1,633.50 07/24109 BERGLUND, DANIEL 362.25 07/24/09 BRENEMAN, NEIL 1,793.02 07/24/09 CRAWFORD - JR, RAYMOND 919.50 07/24109 DICKS, JOHN 162.00 07124109 EtiANS, CHRISTINE 1,169.25 07/24/09 FABIO- SHANLEY, MICHAEL 181.61 07/24/09 GADOW. ANNA 469.45 071241;09 GLASS, JEAN 2,041.87 07/24109 HANSEN, LORI 2,692.83 07/24/09 HER, CHONG 311.50 07/24/09 HER, PETER 118.40 07/24109 HOFMEISTER, MARY 879.50 071241;09 HOFMEISTER, TIMOTHY 331.25 Packet Page Number 112 of 159 07124109 OLSON, ERICA 188.00 07/24109 OLSON, SANDRA 300.00 071241/09 PELOQUIN, PENN 448.16 07124109 PENN, CHRISTINE 1,500.00 07/24109 SCHOENECKER, LEIGH 701.25 071241;09 YANG, KAY 188.00 07!24/09 YANG, TIM 108.00 07/24/09 ZIELINTSKI, II;DY 92.40 071241'09 AICHELE, :MEGAN 109.25 07/24109 AMUNDSON, DANIKA 72.50 07/24/09 ANDERSON, JOSHUA 145.90 07/24/09 ANDERSON, JUSTIN 145.90 07/24109 BAUDE, SARAH 53.25 07124109 BEITLER, JULIE 54.00 07/24/09 BENJAMIN, AYLA 282.93 07/24/09 BIGGS, ANNETTE 54.83 071241;09 BRUSOE, AMY 199.95 07/24109 BRUSOE, CRISTINA 558.43 07/24/09 BUCHMAYER, NICOLLET 474.21 07/24/09 BUCKLEY, BRITTANY 323.81 07/24109 CAMPBELL, JESSICA 18.00 071241;09 CRONIN, CHAD 392.00 07/24/09 DEMPSEY, BETH 182.50 07/24/09 DUNN, RYAN 1,112.61 07124109 ERICKSON- CLARK, CAROL 71.25 07/24109 FLACKEY, MAUREEN 26.25 07/24/09 GILL. NICOLE 170.00 07/24/09 GRUEN IAGEN, LINDA 226.35 07/24109 HAGSTROM, EMILY 40.20 071241'09 HALL, HOLLY 180.00 07/24/09 HANSEN, HANNAH 124.13 07/24/09 HOLMBERG, LADONNA 216.00 071241;09 HORWATH, RONALD 2,513.20 07/24109 IRISH, PETER 226.68 07/24/09 JOHNSON, JAMES 95.00 07/24/09 JOSSART, ANGELA 34.00 07/24109 JOYER, JENNA 162.83 071241;09 KOGLER, RYAN 327.80 07/24/09 KOHLER, ROCHELLE 51.00 07/24/09 KOLLER, NINA 206.62 071241'09 KRONHOLM, KATHRYN 761.68 07/24109 LAMEYER, ZACHARY 187.43 07/24/09 MANZELLA, TERESA 51.00 07/24/09 MATESKI, WAYNE 200.00 07/24109 MATHEWS, LEAH 55498 07124109 MCCANN. NATALIE 90.00 07/24/09 MCCARTHY, ERICA 30.00 07/24/09 NADEAU, KELLY 96.25 071241;09 OBRIEN, JULIE 60.00 07/24109 PROESCH, ANDY 783.19 07/24/09 RENFORD, NATHAN 188.51 07/24/09 RHODY, DIANE 459.75 07/24109 RICHTER, DANIEL 108.00 071241;09 RICHTER. NANCY 756.06 Packet Page Number 113 of 159 Packet Page Number 114 of 159 07124109 ROLLOFF- FELLNER, TAYLOR 78.50 07/24109 RONNI G, ISAIAH 254.08 071241/09 SCHAEFER, NATALIE 76.50 07124109 SCHREIER, ROSEMARIE 284.00 07/24109 SCHREINER, MICHELLE 214.19 071241;09 SCHUNEMAN, GREGORY 510.70 07!24/09 SJERVEN, BRENDA 136.00 07/24/09 SKAAR, SAMANTHA 52.25 071241'09 SMITH, ANN 78.80 07/24109 SMITLEY, SHARON 75.45 07/24/09 TUPY, ELIANA 136.00 07/24/09 TUPY, HEIDE 177.60 07/24109 TUPY, MARCUS 293.89 07124109 WARNER, CAROLYN 362.60 07/24/09 WOLFGRAM, MARY 663.93 07/24/09 WOLFGRAM, TERESA 110.11 071241;09 WOODMAN, ALICE 92.00 07/24109 BOSLEY, CAROL 381.30 07/24/09 HOLMGREN, STEPHANIE 150.88 07/24/09 LANGER, CHELSEA 58.00 07/24109 LANGER, KAYLYN 26.00 071241;09 SATTLER, MELINDA 82.88 07/24/09 SAVAGE, KAREN 220.88 07/24/09 ZAGER, LINNEA 251.38 07124109 BEHAN, JAMES 1,929.45 07/24109 CURRAN, JAMES 360.00 07/24/09 DOUGLASS, TOM 1,301.56 07/24/09 LONETTI, JAMES 408.00 07/24109 MALONEY, SHAUNA 196.00 071241'09 PRINS, KELLY 1,220.22 07/24/09 REILLY, MICHAEL 1,861.35 07/24/09 SCHOENECKER. KYLE 43.50 071241;09 VALERIO, TARA 275.50 07/24109 AICHELE, CRAIG 2,125.19 07/24/09 PRIEM, STEVEN 2,322.15 07/24/09 WOEHRLE, MATTHEW 2,044.39 07/24109 BERGO, CHAD 2,574.18 071241;09 FOWLDS, MYCHAL 3,085.88 07/24/09 FRANZEN, NICHOLAS - 2 ,2 4 2. 11 1007421 07/24/09 LONGRIE, DIANA 473.15 1007422 071241'09 STEFFEN, LAINIE 261.00 1007423 07/24109 TAUBMAN, KEVIN 112.50 1007424 07/24/09 THOMFORDE, FAITH 468.75 1007425 07/24/09 WELCHLIN, CABOT 3,012.50 1007426 07/24109 ACOSTA, MARK 1,197.84 1007427 07124109 ANDERSON, BRIAN 2,093.68 1007428 07/24/09 ARKSEY, CHARLES 99.20 1007429 07/24/09 BAHL, DAVID 1,256.00 1007430 071241;09 BOURQUIN, RON 1,740.24 1007431 07/24109 DITTEL, MICHAEL 1,714.24 1007432 07/24/09 HALE, JOSEPH 2,003.04 1007433 07/24/09 HERLUND, RICK 2,297.00 1007434 07/24109 HUTCHINSON, JAMES 2,134.72 1007435 071241;09 JOHNSON, TAMES 2,157.76 Packet Page Number 114 of 159 1007436 07124109 KARRAS, JAMIE 92.16 1007437 07/24109 KERSKA, JOSEPH 129.24 1007438 071241/09 KONDER, RONALD 1,627.76 1007439 07124109 MALLORY, GORDON 2,875.28 1007440 07/24109 MCGOVERN, JOHN 1,269.20 1007441 071241;09 MELANDER, JON 2,767.96 1007442 07!24/09 MELLEN, RICHARD 1,638.08 1007443 07/24/09 ONSOMU, ALEX 27.27 1007444 071241'09 SKOK, STEPHEN 1,234.48 1007445 07/24109 SOLHEID, DALE 851.52 1007446 07/24/09 VANKIRK. JOSEPH 92.16 1007447 07/24/09 ZAJAC, JEFFREY 9.27 1007448 07/24109 DELPERDANG, CHRISTOPHER 690.00 1007449 07124109 SHEPARD, JONATHAN 530.00 1007450 07/24/09 DVORAK, ADAM 1,157.50 1007451 07/24/09 OLSON, SCOTT 1,260.00 1007452 071241;09 PUHL, MATTHEW 864.00 1007453 07/24109 DAMIANI, ROBERT 120.00 1007454 07/24/09 FARLEY, JAMIE 551.69 1007455 07/24/09 GEBHARD, MADELINE 1,380.50 1007456 07/24109 MALLET, AMANDA 645.00 1007457 071241;09 MARTIN, ARIELLE 291.75 1007458 07/24/09 MUELLNER, CHADD 346.50 1007459 07/24/09 NG, VANICK 310.00 1007460 07124109 UNGAR- KRISTOPHER 120.00 1007461 07/24109 SIMPSON, JOSEPH 86.63 1007462 07/24/09 VUE, FOR PAO 74.00 1007463 07/24/09 BRENEMAN, SEAN 389.13 1007464 07/24109 BUESING, DYLAN 77.18 1007465 071241'09 CHASTAN, ADAM 134.14 1007466 07/24/09 CRANDALL, KRISTA 87.19 1007467 07/24/09 HANSON, MATTHEW 116.00 1007468 071241;09 LAMSON, KEVIN 121.28 1007469 07/24109 MCCORMACK, MELISSA 51.45 1007470 07/24/09 MCLAURIN, CHRISTOPHER 194.25 1007471 07/24/09 MCMAHON, MELISSA 12.50 1007472 07/24109 MORIS, RACHEL 40.00 1007473 071241;09 NWANOKWALE, EMMA 15.50 1007474 07/24/09 NWANOKWALE, MORDY 455.50 1007475 07/24/09 ROGNESS, TRYGGVE 135.00 1007476 071241'09 ROSTRON, ROBERT 384.26 1007477 07/24109 RYDEEN, ARIEL 176.78 1007478 07/24/09 SCHAEFER, JAMES 154.78 1007479 07/24/09 SCHMIDT, EMILY 379.10 1007480 07/24109 SCHMIDT, JOHN 380.75 1007481 07124109 TATEOSIAN, SAMANTHA 80.85 1007482 07/24/09 DANIEL, BREANNA 185.63 1007483 07/24/09 GLASS, JENNA 87.50 1007484 071241;09 HER, KIM 47.03 1007485 07/24109 BOWMAN, MATTHEW 198.45 1007486 07/24/09 SCHULZE, KEVINT 396.00 621,170.13 Packet Page Number 115 of 159 Trans Date Posting Date Merchant Name Trans Amount Name 07/1012009 07/13/2009 TOYS R US #6046 $22.88 MANDY ANZALDI 07/10/2009 07113/2009 KMART 3034 $27.40 MANDY ANZALDI 07/10/2009 07/13/2009 MAPLEWOOD ASHLEY HOME STO $187.60 MANDY ANZALDI 07/14/2009 07/15/2009 CUB FOODS, INC. $3.30 MANDY ANZALDI 07/1512009 07/16/2009 CUB FOODS, INC. $6.00 MANDY ANZALDI 07/15/2009 07116 /2009 LAKESHORE LEARNING #41 $86.92 MANDY ANZALDI 07/03/2009 07/07/2009 NUCO2 $91.28 JIM BEHAN 07/03/2009 07/07/2009 NUCO2 $77.65 JIM BEHAN 07/0312009 07/07/2009 NUCO2 $60.59 JIM BEHAN 07/03/2009 07107/2009 NUCO2 $53.36 JIM BEHAN 07/03/2009 07/07/2009 NUCO2 $65.50 JIM BEHAN 07/06/2009 07/07/2009 TARGET 00011858 $53.51 JIM BEHAN 07/0612009 07/08/2009 THE HOME DEPOT 2801 $77.98 JIM BEHAN 07/10/2009 07113/2009 AQUA LOGICS INC $884.16 JIM BEHAN 07/10/2009 07/13/2009 WW GRAINGER $718.28 JIM BEHAN 07/13/2009 07/14/2009 HENRIKSEN ACE HARDWARE $41.71 JIM BEHAN 07/1312009 07/14/2009 TRI DIM FILTER CORP $173.12 JIM BEHAN 07/13/2009 07115/2009 ADAM'S PEST CONTROL INC $150.46 JIM BEHAN 07/14/2009 07/17/2009 BLOOMINGTON SECURIT $156.41 JIM BEHAN 07/15/2009 07/16/2009 TWIN CITY HARDWARE HADLEY $300.00 JIM BEHAN 07/1512009 07/17/2009 POOLSIDE $170.33 JIM BEHAN 07/15/2009 07117/2009 THE HOME DEPOT 2801 $14.28 JIM BEHAN 07/14/2009 07/15/2009 GOOGLE *CELL TEK $5.64 CHAD BERGO 07/06/2009 07/07/2009 PETSMART INC 461 $34.26 NEIL BRENEMAN 07/0612009 07/07/2009 MENARDS 3059 $17.10 NEIL BRENEMAN 07/06/2009 07108/2009 PIER 1 00003194 $20.71 NEIL BRENEMAN 07/06/2009 07/08/2009 PIER 1 00008631 $41.43 NEIL BRENEMAN 07/08/2009 07/09/2009 WALGREENS #01751 $27.24 NEIL BRENEMAN 07/0812009 07/10/2009 PIER 1 00003194 {$20.71} NEIL BRENEMAN 07/02/2009 07106/2009 OFFICE DEPOT #1090 ($37.31) SARAH BURLINGAME 07/06/2009 07/08/2009 NOVADINE - QUIZNOS O $64.93 SARAH BURLINGAME 07/13/2009 07/14/2009 BAMBU ASIAN CUISINE $102.17 SARAH BURLINGAME 07/0212009 07/09/2009 WP- INMAGINE.COM $300.00 HEIDI CAREY 07/06/2009 07107/2009 FEDEX KINKO'S #0617 $10.70 HEIDI CAREY 07/06/2009 07/07/2009 VZWRLSS*APOCC VISN $98.29 HEIDI CAREY 07/11/2009 07/13/2009 MINNESOTA VIKINGS $1,864.00 HEIDI CAREY 07/0712009 07/09/2009 INT'L CODE COUNCIL INC $35.88 NICHOLAS CARVER 07/06/2009 07108/2009 NORTH STAR PUMP SERVICE $1,185.95 SCOTT CHRISTENSON 07/07/2009 07/09/2009 VIKING ELEC- CREDIT DEPT. ($34.08) SCOTT CHRISTENSON 07/08/2009 07/10/2009 WW GRAINGER $171.13 SCOTT CHRISTENSON 07/0812009 07/10/2009 WW GRAINGER $16.88 SCOTT CHRISTENSON 07/09/2009 07110/2009 UNITED ELECTRIC #7649 $98.84 SCOTT CHRISTENSON 07/09/2009 07/13/2009 THE HOME DEPOT 2801 $35.38 SCOTT CHRISTENSON 07/11/2009 07/13/2009 MENARDS 3022 $3.19 SCOTT CHRISTENSON 07/0812009 07/09/2009 SKILLPATH SEMINARS MAIN $199.00 KERRY CROTTY 07/08/2009 07109/2009 SKILLPATH SEMINARS MAIN $199.00 KERRY CROTTY 07/08/2009 07/09/2009 SKILLPATH SEMINARS MAIN $116.61 KERRY CROTTY 07/08/2009 07/09/2009 BROTHER MOBILE SOLUTIONS $150.53 KERRY CROTTY 07/0312009 07/06/2009 FRATTALLONES WOODBURY ACE $1.71 CHARLES DEAVER 07/07/2009 07108/2009 MENARDS 3022 $17.24 CHARLES DEAVER 07/08/2009 07/09/2009 G & K SERVICES 006 $53.02 CHARLES DEAVER 07/09/2009 07/10/2009 E Z UP DIRECT COM LLC INT $109.74 CHARLES DEAVER 07/0912009 07/10/2009 JOES SPORTING GOODS $37.48 RICHARD DOBLAR 07/14/2009 07116/2009 GOODYEAR AUTO SRV CT 6920 $48.69 RICHARD DOBLAR 07/10/2009 07/13/2009 THE HOME DEPOT 2801 $41.70 ANDREW ENGSTROM 07/05/2009 07/07/2009 WM EZPAY $336.53 LARRY FARR 07/0512009 07/07/2009 WM EZPAY $341.63 LARRY FARR Packet Page Number 116 of 159 07/05/2009 07/07/2009 WM EZPAY $707.33 LARRY FARR 07/0712009 07/09/2009 SETON NAME PLATE COMPANY $670.13 LARRY FARR 07/07/2009 07109/2009 WM EZPAY $249.17 LARRY FARR 07/08/2009 07/09/2009 G & K SERVICES 006 $759.08 LARRY FARR 07/08/2009 07/09/2009 G & K SERVICES 006 $332.41 LARRY FARR 07/1012009 07/13/2009 MENARDS 3022 $83.40 LARRY FARR 07/13/2009 07114/2009 WHITE BEAR GLASS $480.00 LARRY FARR 07/14/2009 07/15/2009 MENARDS 3059 $45.40 LARRY FARR 07/14/2009 07/16/2009 METROPOLITAN MECHANICAL C $2,101.67 LARRY FARR 07/1612009 07/17/2009 THE TRANE COMPANY $374.50 LARRY FARR 07/08/2009 07109/2009 TARGET 00011858 $6.25 KAREN FORMANEK 07/08/2009 07/09/2009 PITNEY BOWES TELEMRKTG $357.78 KAREN FORMANEK 07/09/2009 07/13/2009 OFFICE DEPOT #1090 $96.28 KAREN FORMANEK 07/0412009 07/06/2009 INSIGHT *PUBLICSECTOR $3,583.33 MYCHAL FOWLDS 07/06/2009 07107/2009 QWESTCOMM *TN651 $66.45 MYCHAL FOWLDS 07/07/2009 07/09/2009 MCLEOD USA TELECOM $1,492.12 MYCHAL FOWLDS 07/08/2009 07/09/2009 AT &T *8310000707190 $1,026.85 MYCHAL FOWLDS 07/0812009 07/09/2009 CTO *GOTOMYPC.COM $33.90 MYCHAL FOWLDS 07/09/2009 07110/2009 MONOPRICE COM $36.62 MYCHAL FOWLDS 07/09/2009 07/13/2009 1DEACOM MID AMERICA $414.19 MYCHAL FOWLDS 07/09/2009 07/13/2009 1DEACOM MID AMERICA $272.50 MYCHAL FOWLDS 07/1412009 07/15/2009 PAYPAL INC $59.95 MYCHAL FOWLDS 07/14/2009 07115/2009 INSIGHT *PUBLICSECTOR $79.06 MYCHAL FOWLDS 07/15/2009 07/17/2009 WINZIP COMPUTING SL $29.95 MYCHAL FOWLDS 07/16/2009 07/17/2009 BATTERIES PLUS #31 $29.96 MYCHAL FOWLDS 07/0312009 07/06/2009 INSIGHT *PUBLICSECTOR $18.96 NICK FRANZEN 07/09/2009 07110/2009 INSIGHT *PUBLICSECTOR $26.57 NICK FRANZEN 07/10/2009 07/13/2009 CDW GOVERNMENT $307.99 NICK FRANZEN 07/10/2009 07/13/2009 INSIGHT *PUBLICSECTOR $1,177.03 NICK FRANZEN 07/1412009 07/15/2009 INSIGHT *PUBLICSECTOR $202.47 NICK FRANZEN 07/15/2009 07117/2009 ADVANCED GRAPHIC SYSTEMS $126.74 NICK FRANZEN 07/15/2009 07/17/2009 ADVANCED GRAPHIC SYSTEMS $329.09 NICK FRANZEN 07/15/2009 07/17/2009 LANDSCAPE ALTERNATIVES $1,719.05 VIRGINIA GAYNOR 07/1112009 07/13/2009 MICHAELS #2744 $13.90 CAROLE GERNES 07/11/2009 07113/2009 THE HOME DEPOT 2801 $8.54 CAROLE GERNES 07/13/2009 07/14/2009 WALGREENS #3122 $1.98 CAROLE GERNES 07/13/2009 07/14/2009 SHERWIN WILLIAMS #3127 $10.05 CAROLE GERNES 07/1312009 07/15/2009 JOANN ETC #1970 $27.98 CAROLE GERNES 07/13/2009 07115/2009 MICHAELS #2744 $40.09 CAROLE GERNES 07/13/2009 07/15/2009 THE HOME DEPOT 2810 $8.12 JANET M GREW HAYMAN 07/16/2009 07/17/2009 SEPTIC CHECK INC. $133.13 JANET M GREW HAYMAN 07/1412009 07/15/2009 VZWRLSS *APOCC VISN $92.54 KAREN E GUILFOILE 07/08/2009 07110/2009 THE HOME DEPOT 2801 $27.82 MILES HAMRE 07/14/2009 07/16/2009 HEJNY RENTAL INC $104.50 GARY HINNENKAMP 07/10/2009 07/13/2009 AMERICAN RED CROSS TWIN C $70.00 RON HORWATH 07/1312009 07/15/2009 THE HOME DEPOT 2801 $72.07 RON HORWATH 07/15/2009 07117/2009 ORIENTAL TRADING CO $51.71 RON HORWATH 07/06/2009 07/07/2009 LISPS 26833800033400730 $8.80 ANN E HUTCHINSON 07/09/2009 07/10/2009 TARGET 00011858 $11.75 ANN E HUTCHINSON 07/0912009 07/10/2009 TARGET 00000687 $16.75 ANN E HUTCHINSON 07/09/2009 07110/2009 MENARDS 3059 $135.45 ANN E HUTCHINSON 07/02/2009 07/06/2009 SANDYS SEWING DEN $10.68 BERNARD R JUNGMANN 07/08/2009 07/09/2009 BOUND TREE MEDICAL LLC $80.70 BERNARD R JUNGMANN 07/1412009 07/15/2009 MED ALLIANCE GROUP $1,587.62 BERNARD R JUNGMANN 07/15/2009 07116/2009 BOUND TREE MEDICAL LLC $1,807.98 BERNARD R JUNGMANN 07/08/2009 07/09/2009 RAINBOW FOODS 00088617 $18.60 TOM KALKA 07/03/2009 07/06/2009 THE HOME DEPOT 2801 $78.05 NICHOLAS KREKELER 07/0812009 07/09/2009 LILLIE SUBURBAN NEWSPAPE $215.38 LISA KROLL Packet Page Number 117 of 159 07/10/2009 07/13/2009 OFFICE DEPOT #1090 $110.18 LISA KROLL 07/0212009 07/08/2009 WEBER & TROSETH INC $226.18 DAVID KVAM 07/03/2009 07106/2009 ACCURINT EOM AUTO P $50.00 DAVID KVAM 07/10/2009 07/13/2009 UNIFORMS UNLIMITED INC $8.03 DAVID KVAM 07/10/2009 07/13/2009 THE GRAFIX SHOPPE $32.06 DAVID KVAM 07/1012009 07/13/2009 CLASSIC COLLISION CENT $2,178.88 DAVID KVAM 07/03/2009 07106/2009 INTERNATIONAL ASSOCIAT $254.00 STEVE LUKIN 07/05/2009 07/07/2009 WM EZPAY $155.42 STEVE LUKIN 07/06/2009 07/07/2009 NAPA AUTO PARTS 3279016 $9.63 STEVE LUKIN 07/0812009 07/09/2009 METRO FIRE $232.38 STEVE LUKIN 07/08/2009 07109/2009 FEDEX KINKO'S #0617 $37.50 STEVE LUKIN 07/09/2009 07/10/2009 EMERGENCY APPARATUS MAINT $1,040.88 STEVE LUKIN 07/13/2009 07/14/2009 OVERHEAD DOOR COMP $523.30 STEVE LUKIN 07/1312009 07/14/2009 CHILI'S- MAPLEWOOD $35.47 STEVE LUKIN 07/13/2009 07114/2009 ATTM*878423931 NBI $165.55 STEVE LUKIN 07/13/2009 07/14/2009 E A T 1 $35.00 STEVE LUKIN 07/14/2009 07/15/2009 FEDEX KINKO'S #0617 $151.10 STEVE LUKIN 07/1412009 07/16/2009 AIRGAS NORTH CENTRAL $1,469.97 STEVE LUKIN 07/14/2009 07116/2009 AIRGAS NORTH CENTRAL $1,469.97 STEVE LUKIN 07/16/2009 07/17/2009 EMERGENCY APPARATUS MAINT $448.71 STEVE LUKIN 07/02/2009 07/06/2009 NORTH METRO AUTOMOTIVE $92.66 GORDON MALLORY 07/0212009 07/06/2009 ON SITE SANITATION $946.55 MARK MARUSKA 07/07/2009 07108/2009 LTG POWER EQUIPMENT $101.67 MARK MARUSKA 07/07/2009 07/09/2009 WM EZPAY $742.93 MARK MARUSKA 07/08/2009 07/09/2009 G & K SERVICES 006 $402.60 MARK MARUSKA 07/1312009 07/14/2009 LTG POWER EQUIPMENT $73.75 MARK MARUSKA 07/14/2009 07115/2009 LESCO SC 0530 $359.94 MARK MARUSKA 07/09/2009 07/09/2009 GOVERNMENT FINANCE OFFIC $435.00 ROBERT MITTET 07/12/2009 07/13/2009 VZWRLSS"APOCC VISN $173.56 ROBERT MITTET 07/1412009 07/16/2009 DIRECT SUN 3370610678221 $15.00 ROBERT MITTET 07/16/2009 07117/2009 MENARDS 3059 $37.62 JOHN NAUGHTON 07/08/2009 07/09/2009 G & K SERVICES 006 $847.79 AMY NIVEN 07/08/2009 07/09/2009 G & K SERVICES 006 $286.83 AMY NIVEN 07/0812009 07/09/2009 G & K SERVICES 006 $174.52 AMY NIVEN 07/10/2009 07113/2009 OFFICE DEPOT #1090 $106.71 AMY NIVEN 07/09/2009 07/10/2009 NAPA AUTO PARTS 3279016 $21.38 ERICK OSWALD 07/14/2009 07/15/2009 MENARDS 3059 $178.40 ERICK OSWALD 07/1412009 07/16/2009 HEJNY RENTAL INC $69.66 ERICK OSWALD 07/13/2009 07114/2009 OFFICE DEPOT #1090 $109.34 MARY KAY PALANK 07/10/2009 07/13/2009 LISPS 26834500133401316 $105.60 CHRISTINE PENN 07/14/2009 07/15/2009 KNOWLAN'S MARKET #2 $23.56 ROBERT PETERSON 07/1012009 07/13/2009 PORTABLE COMPONENTS LLC $34.00 PHILIP F POWELL 07/16/2009 07117/2009 CINTAS FIRST AID #431 $102.62 WILLIAM J PRIEFER 07/16/2009 07/17/2009 CINTAS FIRST AID #431 $64.84 WILLIAM J PRIEFER 07/02/2009 07/06/2009 GOODYEAR AUTO SRV CT 6920 $47.00 STEVEN PRIEM 07/0612009 07/07/2009 BAUER BUILT TIRE - $215.64 STEVEN PRIEM 07/06/2009 07107/2009 TRI -STATE BOBCAT INC. $212.29 STEVEN PRIEM 07/06/2009 07/08/2009 TOUSLEY FORD 127200039 $271.83 STEVEN PRIEM 07/06/2009 07/08/2009 BOYER TRUCK PARTS $331.87 STEVEN PRIEM 07/0712009 07/08/2009 BATTERIES PLUS #31 $53.36 STEVEN PRIEM 07/07/2009 07108/2009 E A T I $59.84 STEVEN PRIEM 07/07/2009 07/08/2009 E A T I $753.75 STEVEN PRIEM 07/07/2009 07/09/2009 TOUSLEY FORD 127200039 $347.91 STEVEN PRIEM 07/0712009 07/09/2009 TOUSLEY FORD 127200039 $4.86 STEVEN PRIEM 07/08/2009 07109/2009 DELEGARD TOOL COMPANY $78.68 STEVEN PRIEM 07/08/2009 07/10/2009 KATH AUTO PARTS NSP $139.39 STEVEN PRIEM 07/08/2009 07/10/2009 KATH AUTO PARTS NSP $16.90 STEVEN PRIEM 07/0812009 07/10/2009 TOUSLEY FORD 127200039 $89.64 STEVEN PRIEM Packet Page Number 118 of 159 07/09/2009 07/10/2009 MERIT CHEVROLET $20.20 STEVEN PRIEM 07/0912009 07/13/2009 TOUSLEY FORD 127200039 $330.72 STEVEN PRIEM 07/10/2009 07113/2009 KATH AUTO PARTS NSP $72.52 STEVEN PRIEM 07/13/2009 07/15/2009 FACTORY MTR PTS #1 $10.50 STEVEN PRIEM 07/14/2009 07/15/2009 AMERICAN FASTENER AND SUP $18.83 STEVEN PRIEM 07/1412009 07/16/2009 KATH AUTO PARTS NSP $89.94 STEVEN PRIEM 07/15/2009 07117/2009 KATH AUTO PARTS NSP $30.07 STEVEN PRIEM 07/15/2009 07/17/2009 GOODYEAR AUTO SRV CT 6920 $47.00 STEVEN PRIEM 07/16/2009 07/17/2009 PROFESSIONAL WIRELESS $36.48 STEVEN PRIEM 07/0812009 07/09/2009 MN OCCUPATIONAL HEALTH $641.00 TERRIE RAMEAUX 07/09/2009 07110/2009 HILLYARD INC MINNEAPOLIS $11.43 MICHAEL REILLY 07/04/2009 07/06/2009 CUB FOODS, INC. $9.08 AUDRA ROBBINS 07/04/2009 07/06/2009 PARTY CITY #768 $47.08 AUDRA ROBBINS 07/0612009 07/08/2009 WILD MTN. & TAYLORS $65.00 AUDRA ROBBINS 07/08/2009 07109/2009 WALGREENS #2936 $41.74 AUDRA ROBBINS 07/08/2009 07/10/2009 WILD MOUNTAIN $826.34 AUDRA ROBBINS 07/09/2009 07/10/2009 LITTLE CAESARS 1456 $60.27 AUDRA ROBBINS 07/0912009 07/10/2009 MAPLEWOOD PARKS AND RECRE $20.00 AUDRA ROBBINS 07/13/2009 07114/2009 WHOLESALEFOREVERYONE COM $34.05 AUDRA ROBBINS 07/14/2009 07/15/2009 TREMBLAYS SWEET SHOP INC $17.21 AUDRA ROBBINS 07/14/2009 07/15/2009 MN TWOLVES LYNX $485.00 AUDRA ROBBINS 07/1412009 07/16/2009 MICHAELS #2744 $49.45 AUDRA ROBBINS 07/15/2009 07117/2009 ORIENTAL TRADING CO $140.66 AUDRA ROBBINS 07/07/2009 07/08/2009 ABLE HOSE & RUBBER, INC $21.25 ROBERT RUNNING 07/07/2009 07/08/2009 HIGHWAY TECHNOLOGIES #229 $134.72 ROBERT RUNNING 07/0712009 07/08/2009 GARCEAU HARDWARE AND POWE $219.38 ROBERT RUNNING 07/09/2009 07110/2009 MENARDS 3059 $24.63 ROBERT RUNNING 07/14/2009 07/15/2009 MENARDS 3059 $234.44 JAMES SCHINDELDECKER 07/14/2009 07/15/2009 MENARDS 3059 $59.88 JAMES SCHINDELDECKER 07/0912009 07/13/2009 OFFICE DEPOT #1090 $59.20 DEB SCHMIDT 07/10/2009 07113/2009 OFFICE DEPOT #1090 $77.94 DEB SCHMIDT 07/15/2009 07/17/2009 OFFICE DEPOT #1090 $155.58 DEB SCHMIDT 07/15/2009 07/17/2009 BAGS UNLIMITED $104.06 DEB SCHMIDT 07/1512009 07/17/2009 BAGS UNLIMITED $128.15 DEB SCHMIDT 07/01/2009 07106/2009 UNIFORMS UNLIMITED $1,101.73 MICHAEL SHORTREED 07/07/2009 07/09/2009 GANDER MOUNTA100104885 $16.06 MICHAEL SHORTREED 07/09/2009 07/13/2009 MILLS FLEET FARM #27 $62.09 MICHAEL SHORTREED 07/1112009 07/13/2009 GANDER MOUNTA100104885 {$16.06} MICHAEL SHORTREED 07/14/2009 07114/2009 COMCAST CABLE COMM $34.00 MICHAEL SHORTREED 07/10/2009 07/13/2009 RAPID PACKAGING $167.99 ANDREA SINDT 07/10/2009 07/14/2009 MONARCH WATCH $15.00 CHRISTINE SOUTTER 07/0212009 07/06/2009 LINDERS FLOWER MART $32.09 PAULINE STAPLES 07/02/2009 07106/2009 LINDERS FLOWER MART $57.80 PAULINE STAPLES 07/03/2009 07/06/2009 RAINBOW FOODS 00088591 $14.96 PAULINE STAPLES 07/04/2009 07/06/2009 SUPERAMERICA 04089 $4.49 PAULINE STAPLES 07/0912009 07/13/2009 ON SITE SANITATION $1,650.16 PAULINE STAPLES 07/09/2009 07113/2009 STRAUSS SKATE AND BICY $3,304.00 JAMES TAYLOR 07/07/2009 07/08/2009 DIAMOND VOGEL PAINT CENT $53.56 TODD TEVLIN 07/07/2009 07/08/2009 NAPA AUTO PARTS 3279016 $21.38 TODD TEVLIN 07/0912009 07/10/2009 GOOGLE *FRESHWATER SOC $20.23 KAREN WACHAL 07/16/2009 07117/2009 LISPS 26833800033400730 $29.18 KAREN WACHAL 07/09/2009 07/13/2009 QUILL CORPORATION $68.43 SUSAN ZWIEG 07/13/2009 07/15/2009 QUILL CORPORATION $12.69 SUSAN ZWIEG TOTAL $58,784.87 Packet Page Number 119 of 159 I III I=Iky,IJ,f+a AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: August 03, 2009 RE: Resolution Certifying Election Judges for the September 15, 2009 Local Primary Election RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2009 Local Primary Election, to be held on Tuesday, September 15, 2009. Ahrens, Fran Davidson, Mae Galligher, Patricia Albu, Josephine Davidson, Marianne Gebauer, Marilyn Albu, Verle Deeg, Edward Gebauer, Victor Anderson, Christina Deiman, Pauline Gierzak, Sister Clarice Anderson, Elsie Demko, Fred Gimble, Muriel Anderson, Eugena Dempsey, Loree Golaski, Diane Anderson, Suzanne Desai, Bhupat Grefe, David Anderson, Vivian DeZelar, Phil Gudknecht, Jamie Ansari, Ahsan Dicks, John Gunn, Jaclynn Arnold, Carole Dicks, Judy Guthrie, Rosie Baluyut, Jennifer Dickson, Helen Jean Haack, Donita Barrett, Marlis Dittel, Kathleen Hart, Barbara Bartelt, Joan Doyle, Monica Hecht, Lloyd Bedor, David Droeger, Diane Heininger, Gordon Belland, Jaime DuCharme, Fred Herber, Darlene Berg, Helen Duellman, Audrey Hess, Harland Berry, Robert Eickhoff, Carolyn Hilliard, Barb Betancourt, Lisa Engel, Carol Hines, Constance Bieniek, Robert Erickson, Elizabeth Hinnenkamp, Gary Boehm, Catherine Erickson, Eric Hogan, Anna Bolden, Donita Erickson, Sue Holzemer, Mary Bonfig, Natalie Evans, Joan Honsa, Kay Bortz, Albert Feld, Robyn Horgan, Gerald Bortz, Jeanne Finch, Roberta Horgan, Sharon Boyd, Mary Fischer, Lorraine Hugo, Lisa Breidenstein, Anna Marie Fischer, Mary Hulet, Jeanette Brudzinski, Margaret Fischer, Peter Hulet, Robert Bunde, Jennette Fitzgerald, Delores Huntoon, Lynn Bunkowske, Bernice Fosburgh, Anne Iversen, Thomas Button, Joan Fowler, Cynthia Jackson, Shannon Cahanes, Lucille Francis, Gretchen Jacobson, Scott Carbone, Joyce Francis, Robert Jagoe, Carol Carle, Jeanette Franssen, Mary Ann Janacek, Jeffrey Cleland, Ann Franzen, James Jefferson, Gwendolyn Cohn Madson, Debra Franzen, Nick Jenkins, Chris Connelly, Thomas Freer, Mary Jo Johannessen, Judith Connolly, Colleen Friedlein, Charlene Johnson, Barbara Corbett, Robert Friedlein, Richard Johnson, Mary Cotter, Cathleen Fritsche, Samantha Johnson, Warren Dansdill, Joanne Frye, Beverly Jones, Julia D'Arcio, India Fuller, Mary Katherine Jones, Shirley Page Iof2 Packet Page Number 120 of 159 Jurmu, Joyce Mohr, John Schiff, Marge Kansier, Christine Mohr, Sheila Schluender, Cynthia Kirchoff, Harold Mossong, Betty Schmidt, Deb Kliever, Rosemary Matz, Betty Schneider, Mary Ann Knauss, Carol Mudek, Dolores Schoenecker, Sandra Knutson, Lois Mudek, Leo Schroepfer, Harriet Koch, Rosemary Muraski, Gerry Schultz, Louise Kolasa, Joan Myster, Thomas Shankar, Ananth Kramer, Dennis Nephew, Shelly Shores, Teresa Kramer, Patricia Nettleton, Janet Skelten, Shirley Krause, Bruce Newcomb, Winifred Sobania, Gina Krekelberg, Mona Lou Nichols, Miranda Spangler, Bob Kwapick, Clemence Nieman, James Spear, Michele Lackner, Marvella Nieters, Louise Spies, Louis Lally, Rita Nissen, Helen Stafki, Tim Lampe, Charlotte Niven, Amy Stenson, Karen Larson, Anita Norberg, Ann Stevens, Sandra Larson, Michelle Oakes, Todd Storm, Mary Lauren, Lorraine O'Brien, D. William (Bill) Strack, Joan Lawrence, Donna Olson, Anita Strunk, Amye Leiter, Barbara Olson, Lois Swanson, Ingrid Leo , Pati Olson, Norman Taruscio, Agnes Leo, Ann Oslund, Kathryn Taylor, Lorraine Leonard, Claudette Overstreet, Sherri Taylor, Rita Leonard, Erin Paddock, Ken Thomforde, Faith Lincowski, Steve Parent, Dian Tillman, Leila Lincowski, Vi Pearson, Gina Tolbert, Franklin Lockwood, Jackie Pehl, David Trippler, Dale Lodge, Audrey Peitzman, Lloyd Urbanski, Carolyn Lofgren, Delores Peper, Marilyn Urbanski, Holly Loipersbeck, Darlene Peterson, Tracey Urbanski, Michelle Lowe - Adams, Shari Picard, David Urbanski, William Lucas, Lydia Popham, Mike VanBlaricom, Beulah Luttrell, Shirley Prefer, Bill Vanek, Mary Mahowald, Valerie Quistad, Ida Vatne, Mary Mahre, Jeri Radermacher, Karla Virola, Victor Manthey, John Rahn, Delbert Volkman, Phyllis Marsh, Delores Reddg, Kristine Walstead, Patricia Maskrey, Thomas Rempel, Lovella Wasmundt, Gayle Mauer, Mary Lynn Rivard, Tim Weiland, Connie Mauston, Shelia Rodriguez, Vincent Weldy, Susan McCann, John Rohrbach, Charles Whitcomb, Doris McCarthy, Peggy Rohrbach, Elaine Whitcomb, Larry McCauley, Judy Roller, Carolyn Willy, John Mealey, Georgia Ronayne, Rita Witschen, Delores Mechelke, Geraldine Ronholm, Mary Wold, Hans Mechelke, Mary Lou Rudeen, Elaine Wolfgram, Dorothy Meyer, Jackie Sandberg, Janet Wood, Susan Miller, Charlotte Satriano, Pauline Yorkovich, Cindy Miller, Eric Sauer, Elmer Zacho, Karen Miller, Seth Sauer, Kathleen Ziar, Helen Minke, Mary Ann Sauro, Janet Misgen, Joan Scheunemann, Marjorie Recommendation of the approved list of election judges is requested. Approval of this Resolution does not qualify individuals to serve as election judges. Appointments will be made from this list to fill the needed positions but not everyone on this list will be appointed. Additionally, individuals that have not completed the required election judge training and completed the paperwork required by the city will not be permitted to work unless they have met these requirements. Page 2of2 Packet Page Number 121 of 159 I[La1 11 11ky5c3 AGENDA REPORT TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: August 7, 2009 RE: Temporary Gambling Resolution and Fee Waiver Tntrodnetion David Alois Schulender representing Church of St. Jerome's has submitted an application for a tent permit, temporary on -sale intoxicating liquor (beer and wine only) permit and a temporary food permit and requesting that the fees of $366 be waived. This is St. Jerome's annual fall festival and booya that will be held on the school and church grounds located at 380 E. Roselawn Avenue. The fall festival will be held on September 20 from 7 :00 a.m. to 6:30 p.m. and the booya will be October 25 from 7 :00 a.m. to 1 :00 p.m. They have also submitted an application for a temporary gambling permit for the fall festival. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required: RESOLUTION BELT HEREBYRESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the Church of St. Jerome's, 380 E. Roselawn Avenue, to be used on September 20, 2009. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. As required, a certificate of coverage for liquor liability insurance from Catholic Mutual with an endorsement protecting the City was required and received. Recommendation Approve the above resolution for a temporary gambling permit and waive required fees. Packet Page Number 122 of 159 AGENDA NO. M -4 AGENDA REPORT To: Jim Antonen, City Manager From: Bob Mittet, Finance Director Date: August 3, 2009 Re: Approval to Pay for All- Electric GEM Car BACKGROUND /SUMMARY In discussions with City Council members, City Manager Antonen indicated his desire and intent to purchase an all- electric vehicle for use by YIPS for, among other things, patrolling trails and parks. The City took possession of a new GEM car on Thursday, July 30. During the purchasing process, it was anticipated that city staff would pick up the vehicle. Only later did staff determine that it really was more cost effective to have the company deliver the vehicle. The $250 delivery fee, however, has taken the total cost to $10,149.00. This is over the threshold, above which, council approval is required. RECOMMENDATION Staff requests City Council ratification of this purchase at a cost of $10,149.00 from the Capital Improvement Projects Fund. The CIP Fund has sufficient balance, about $180,000, for this expenditure. Packet Page Number 123 of 159 Agenda Item M5 AGENDA REPORT TO: James Antonen, City Manager FROM: Doug Taubman, Parks Manager SUBJECT: Consider Approval of Acceptance of Donation from the Lawrence Ellisen Family for a Memorial Park Bench at Sunset Ridge Park DATE: July 30, 2009 INTRODUCTION The Community Development and Parks Department has received a donation totaling $919.10 from the family of Lawrence Ellisen to purchase and install a memorial park bench in Sunset Ridge Park. BACKGROUND Sunset Ridge Park was a favorite location for Lawrence Ellisen to visit and enjoy the beautiful view overlooking Kohlman Lake and downtown St. Paul. He found his trips up the hill and into the park to be relaxing and enjoyable. His family would like to honor his memory by having a bench installed so that others will take a few minutes to appreciate what Lawrence loved about Sunset Ridge Park. RECOMMENDATION It is recommended that the City Council approve the resolution to accept the donation totaling $919.10 from the Ellisen family for a memorial park bench at Sunset Ridge Park. Packet Page Number 124 of 159 RESOLUTION ACCEPTENCE OF DONATION WHEREAS, the Maplewood Community Development and Parks Department has received a $919.10 donation from the family of Lawrence Ellisen, and; WHEREAS, the family of Lawrence Ellisen has instructed the City to purchase a memorial park bench for Sunset Ridge Park, and: WHEREAS, the City agrees to use the subject of this resolution for the purpose and under the terms prescribed, and; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council authorizes the Community Development and Parks Department to accept this $919.10 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on SIGNED: (Signature) Mayor (Date) WITNESSED: (Signature) City Clerk (Date) Packet Page Number 125 of 159 Agenda Item M6 TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Costco Conditional Use Permit Review APPLICANT: Costco Wholesale Corporation DATE: August 3, 2009 The conditional use permit (CUP) for the Costco store at 1431 Beam Avenue is due for its annual review. A retail store is allowed in this location, but the CUP was required for fuel sales and for the tire service center. The Costco store construction is complete. The site consists of a 158,000- square -foot membership warehouse /retail building on the north side of Beam Avenue, at the easterly side of the approved Mogren Retail Addition planned unit development (PUD). The store also includes a 5,200 - square -foot tire center, a 4,000- square -foot liquor store, and a freestanding gasoline station for Costco members in the southwest corner of the site. BACKGROUND June 11, 2007: The city council approved this CUP, the design plans and a parking waiver for 39 fewer parking spaces than the code required. June 12, 2007: The community design review board approved the Costco design plans. June 23, 2008: The council reviewed this CUP and moved to review it again in one year. Code Requirement Section 44- 1100(a) of the zoning code states that CUPs shall be reviewed by the city council within one year of approval. At the one -year review, the council may specify an indefinite term for a subsequent review or a specific term not to exceed five years. DISCUSSION Construction of the Costco is complete and is in compliance with the conditions of approval. Staff is not aware of and has not received any complaints for the site. Though the landscaping is in place and attractive, during this review staff did find that the store was replacing sod in several areas throughout the site. Since Costco has demonstrated a desire to keep their site attractive and have been conscientious in replacing dead vegetation, staff recommends the city council review this permit only if a problem arises or if the owner proposes a major change. Packet Page Number 126 of 159 RECOMMENDATION Review the conditional use permit only if a problem arises or if the owner proposes a major change. p:sec3 \costco cup annual rev_080309 Attachments: 1. Location Map 2. Site Plan 3. June 11, 2007 City Council Minutes Packet Page Number 127 of 159 N I 1111111111 ---------------------- ct III MT FT" n - -- - -- Location Map Beam Avenue Costco Store Packet Page Number 128 of 159 Attachment 2 gh C 0:1 ; i� G j �5 0. Ui 9 Packet Page Number 129 of 159 I M I gh C 0:1 ; i� G j �5 0. Ui 9 Packet Page Number 129 of 159 MINUTES Attachment 3 MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 11, 2007 Council Chambers, City Hall 2. Costco on the North side of Beam Avenue, West of Bruce Vento Trail a. }Conditional Use Permit b.)Parking Reduction Authorization a. Senior Planner, Tom Ekstrand presented the report. Staff handed out revised plans dated May 31, 2007, and he requested the recommendations on page 5 of the staff report be changed to reference May 31, 2007, instead of the April 3, 2007, date listed. b. Ted Johnson, Costco, Oak Brook, Illinois, addressed the council. C. Joe Walton, Planning Commissioner, addressed the council. Councilmember Cave moved to adopt item A. the resolution for Costco, changing the date for the plans from April 3, 2007, to May 31, 2007. A. Adopt the resolution approving a conditional use permit for the tire - service center and fuel station at the proposed Costco store in the Mogren Retail Addition east of Highway 61 on the north side of Beam Avenue. Approval is based on the findings required by the ordinance and subject to the following conditions: (Changes to the motion are underlined.) CONDITIONAL USE PERMIT RESOLUTION 07 -06 -085 WHEREAS, Costco Wholesale Corporation applied for a conditional use permit to be allowed to install a fuel station and tire - service center on the recently- approved Mogren Retail Addition, formerly the Country View Golf Course property; WHEREAS, this permit applies to the 16 -acre site in the southeast corner of the Mogren Retail Addition planned unit development. The legal description is: LOT 1, BLOCK 2, MOGREN RETAIL ADDITION WHEREAS, the history of this conditional use permit is as follows: On May 1, 2007, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 recommended that the city council approve this conditional use permit. 2. The city council reviewed this request on June 11, 2007. The council considered the reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed 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. June 11, 2007, City Council Meeting 1 Packet Page Number 130 of 159 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. The development shall follow the plans date - stamped May 31, 2007, except where the city requires changes. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the engineer's report dated April 20, 2007. 5. There shall not be any outdoor storage of tires unless they are kept within a decorative screening enclosure approved by the community design review board. 6. The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as required by the Minnesota Pollution Control Agency. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 11 DAY OF JUNE 2007. 1. The development shall follow the plans date- stamped May 31, 2007 except where the city requires changes. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. June 11, 2007, City Council Meeting 2 Packet Page Number 131 of 159 4. The applicant shall comply with the requirements in the engineer's report dated April 20, 2007. 5. There shall not be any outdoor storage of tires unless they are kept within a decorative screening enclosure approved by the community design review board. 6. The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as required by the Minnesota Pollution Control Agency. Seconded by Councilmember Hjelle. Ayes — Mayor Longrie, Councilmember's Cave, Hjelle, Rossbach Nay — Councilmember Juenemann Councilmember Cave moved to adopt item B. of the staff report for the parking waiver for Costco B. Approve the parking waiver as proposed subject to the retention of the proposed "proof of parking" spaces in case they are needed for future parking needs. If a parking shortage develops after the paving and curbing of the "proof -of- parking" spaces, the city council may require parking lot restriping to add more spaces. Seconded by Councilmember Hjelle. Ayes — All June 11, 2007, City Council Meeting 3 Packet Page Number 132 of 159 Agenda Item M7 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT. Heritage Square PUD — Conditional Use Permit Review LOCATION: Legacy Parkway and Kennard Street DATE: August 3, 2009 INTRODUCTION The conditional use permit (CUP) for the Heritage Square PUD (planned unit development) at Legacy Village is up for its annual review. Heritage Square is a 220 -unit town house development on the west side of Kennard Street north of St. John's Hospital. The builder is K. Hovnanian Homes, formerly Town & Country Homes. BACKGROUND July 14, 2003: The city council approved the Legacy Village PUD, plat and tax - abatement plan. December 8, 2003: The city council approved the Heritage Square PUD and preliminary plat. December 16, 2003: The community design review board approved the architectural plans. February 9, 2004: The council approved the final plat. February 14, 2005: The council reviewed this CUP and moved to review it again in one year. February 13, 2006: The council reviewed this CUP and moved to review it again in one year. May 14, 2007: The council reviewed this CUP and moved to review it again in one year. June 9, 2008: The council reviewed this CUP and moved to review it again in one year. Code Requirement The zoning code states that CUPs shall be reviewed by the city council annually. The council may specify another timeframe for subsequent reviews as well. DISCUSSION The landscaping and buildings are now completed within Heritage Square. Staff reviewed the CUP and visited the site and found all conditions are being met. Staff recommends reviewing this permit only if a problem arises or if a major change is proposed. RECOMMENDATION Review the CUP for Heritage Square again only if a problem arises or if a major change is proposed. p:sec3lheritage square cup rev_080309 Attachments: 1. Location Map 2. Heritage Square Development Plan Packet Page Number 133 of 159 Attachment 1 I Ln I z 0 COUNTY ROAD z z Ln LU "J LU LA LU Location & Zoning Map Heritage Square Townhomes Packet Page Number 134 of 159 page #2 KOHLMAN "E Agenda Item M8 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Conditional Use Permit Review — Carefree Cottages Villas (Phase IV) LOCATION: 1735 and 1737 Gervais Avenue DATE: August 3, 2009 10IItiftle 'i The conditional use permit (CUP) for the Carefree Cottages Villas (Phases IV) planned unit development (PUD) on Gervais Avenue is due for review. This CUP is for a PUD for a 15 -unit housing development that has 12 rental senior cottages and three single dwellings. Two of the three single dwellings were new construction and the remaining home already existed. Refer to the maps and the city council minutes attached to this report. BACKGROUND On January 14, 2002, the city council made several approvals for this development including: A change in the city's land use plan. This change was from R -1 (single dwellings) to R -3(H) (residential high density) for the 12 town house units. 2. A conditional use permit (CUP) for a planned unit development (PUD) for a 15 -unit housing development. This PUD will have 12 units of rental senior housing and three single dwellings. The applicant requested the CUP because the proposed development has a mix of housing types, lot sizes and densities. In addition, having a PUD gave the city and developer a chance to be more flexible with site design and development details than the standard zoning requirements would normally allow. 3. A lot division to divide the property into four lots - three lots for the single dwellings along Gervais Avenue and one lot for the 12 town house units. 4. The design plans for the site, landscaping and buildings, including having no curbing for part of one of the driveways (for drainage purposes). On January 13, 2003, the city council reviewed this permit and agreed to review it again in one year. On January 12, 2004, the city council reviewed this permit and agreed to review it again in one year. On January 10, 2005, the city council reviewed this permit and agreed to review it again in one year. DISCUSSION The developer's contractor finished the construction of the 12 units of senior rental housing and the two new single dwellings on Gervais Avenue. Staff's review of this project finds that all conditions of approval are being met. Staff recommends reviewing this CUP again only if a problem arises or the owner proposes a major change to the site. Packet Page Number 136 of 159 RECOMMENDATION Review the conditional use permit for the planned unit development (PUD) for the Carefree Cottages Villas (Phase IV) again only if a problem arises or the owner proposes a major change to the site. p:sec101Carefree Villas.CUP.rev_080309 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan and Landscape Plan 4. Council minutes dated January 14, 2002 Packet Page Number 137 of 159 Attachment 1 HIGHWAY 36 LOCATION MAP Packet Page Number 138 of 159 Attachment 2 PROPERTY LINE/ZONING MAP Packet Page Number 139 of 159 F — Attachment 3 7 MINUTES Attachment 4 MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 14, 2002 Council Chambers, Municipal Building Meeting No. 02 -01 H. PUBLIC HEADINGS 7:00 P.M. Carefree Villas (Gervais Avenue) Land Use Plan Change (R -1 to R -3 (H)) (4 Votes) Conditional Use Permit for Planned Unit Development Lot Division Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. Associate Planner Ken Roberts presented the specifics of the report. Commissioner Rossbach presented the Planning Commission report. d. Boardmember Ledvina presented the Community Design Review Board report e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Bruce Mogren, Mogren Development Company, 1801 Gervais Avenue, Maplewood Jean Doyle, 1801 Gervais Avenue, Maplewood Will Rossbach, 1386 Country Road C East, Maplewood Bob Zick, 1880 E. Shore Drive, Maplewood Bruce Mogren, Second Appearance f Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following resolutions changing the land use plan from R -1 (single dwelling residential) to RH (residential high density) for the 12 town house units of the Carefree Villas of Maplewood (Resolution 02 -01 -001 RESOLUTION 02 -01 -001 LAND USE PLAN CHANGE WHEREAS, Bruce Mogren applied for a change to the city's land use plan from R -1 (single dwellings) to R -3H (residential high density). WHEREAS, this change applies to the undeveloped property located on the north side of Gervais Avenue between the Carefree Cottages of Maplewood (Phases I and I1) and the house at 1733 Gervais Avenue. WHEREAS, the history of this change is as follows: City Council Meeting 01 -14 -02 6 Packet Page Number 141 of 159 On December 17, 2001, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 recommended that the city council deny the plan amendment. 2. On January 14, 2002, the city council discussed the land use plan changes. 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 changes for the following reasons: 1 . This site is proper for and consistent with the city's policies for high - density residential use. This includes being next to existing high - density senior housing units, a collector street and is near two churches, shopping and Four Seasons Park. 2. This development will minimize any adverse effects on surrounding properties because: a. Studies have shown there will be no adverse effect on property values. b. There would be no traffic from this development on existing residential streets. Seconded by Councilmember Wasiluk Ayes -All (4 Votes) Councilmember Koppen moved to adopt the following resolution 02 -01 -002, approving conditional use permit for a planned unit development for the Carefree Villas, based on the finding required by code: RESOLUTION 02 -01 -002 CONDITIONAL USE PERMIT WHEREAS, Bruce Mogren applied for a conditional use permit (CUP) for the Carefree Villas (Phase IV) planned unit development (PUD). WHEREAS, this permit applies to the undeveloped property on the north side of Gervais Avenue between the existing Carefree Cottages of Maplewood (Phases I and 11) and the house at 1733 Gervais Avenue. The legal description is: The North 125 feet of the South 300 feet of the West 100 feet of Lot 2, E.G. Rogers' Garden Lots, and also; the East 10 feet of the West 100 feet of the South 175 feet of Lot 2, E.G. Rogers' Garden Lots, all in Section 10, Township 29, Range 22, Ramsey County, Minnesota. And Except the West 100 feet, the South 300 feet of Lot 2, E.G. Rogers' Garden Lots in Section 10, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: On December 17, 2001 the planning commission recommended that the city council deny this permit. City Council Meeting 01 -14 -02 7 Packet Page Number 142 of 159 2 2. On January 14, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council 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: All construction shall follow the plans dated November 26, 2001, except where the city requires changes. Such changes shall include revising the grading and site plans to show the additional parking spaces and the required sidewalk along Gervais Avenue. The city council may approve major changes to the plans. 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 end. The council may extend this deadline for one year. 3. The owner shall not convert the town houses in this development to non - seniors housing without the revision of the planned unit development. For this permit, the city defines seniors housing as a residence occupied by persons that are 55 years of age or older. 4. There shall be no outdoor storage of recreational vehicles, boats or trailers at or around the City Council Meeting 01 -14 -02 8 Packet Page Number 143 of 159 townhouses. 5. Residents shall not park trailers and vehicles that they do not need for day -to -day transportation on the town house site. 6. If the city council decides there is not enough on -site parking after the town houses are occupied, the city may require additional parking. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The three single dwellings are exempt from reviews for conditional use permit revisions for any expansions, additions or changes provided that such changes would meet all applicable zoning and building standards and requirements. 9. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to approve the lot split creating for the Carefree Villas development on Gervais Avenue. This lot division shall be subject to the developer or applicant completing the following conditions before the citygpproves the lot division deeds: 1. The developer or owner recording drainage and utility easements along all existing and new property lines, subject to the approval of the city engineer. 2. The developer or owner recording cross easement and access agreements for Parcel A to have access to Gervais Avenue across the adjacent property {the existing Carefree Cottages). 3. Signing an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. C. Provide all required and necessary easements (including ten -foot drainage and utility easements along the front and rear lot lines of each lot and five -foot drainage and utility easements along the side lot lines of each lot). d. Pay the city for the cost of any traffic- control, street identification and no parking signs. e. Install a sign where the new driveway intersects Gervais Avenue indicating that it is a private driveway. f Provide for the repair of Gervais Avenue (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the private driveway. City Council Meeting 01 -14 -02 9 Packet Page Number 144 of 159 4 g. Pay the costs related to the engineering department's review of the construction plans. 4. Changing the proposed lot division as follows: a. Dedicate drainage and utility easements along all property lines. These easements shall be pedestrian and utility easements in the front and shall be ten feet wide, shall be ten feet wide along the rear property lines and five feet wide along the side property lines. b. Add drainage and utility easements as required by the city engineer. For the lots fronting on Gervais Avenue, the east lot shall be at least 9,500 square feet and the west shall be at least 10,000 square feet. 5. Secure and provide all required easements for the development. These shall include any off - site drainage and utility easements, subject to the city engineer's requirements. 6. Record the following with the lot division deeds: a. All homeowners association documents. b. An access agreement for the proposed town houses that ensures the tenants may use the existing driveway(s) for ingress and egress. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording to assure there will be one responsible party for the maintenance of the common areas, private utilities, driveways and structures. 7. The city will not issue building permits until the deeds for the town house site and the three single dwelling lots are recorded and the developer has met the city conditions. Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to approve the plans (Site and LandscMi�n) dated November 26, 2001, and the building elevations (dated November 26, 200 1) for the Carefree Villas of Maplewood. The city bases this approval on the findings required by the code: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include the grading, utility, drainage, erosion control, tree, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The final grading plan shall include: City Council Meeting 01 -14 -02 10 Packet Page Number 145 of 159 5 (a) Building, floor elevation, driveway and contour information. (b) The street, driveway and sidewalk grades as allowed by the city engineer. (c) grading beyond the boundaries of the development without temporary grading easements from the affected property owner(s). (d) Emergency overflow swales as required by the city engineer or by the watershed district. The design of the overflow swales shall be approved by the city engineer. (3) There shall be no parking on either side of the new private driveway. The developer or contractor shall post the driveways with no parking signs. (4) The tree plan shall: (a) Show where the developer or contractor will remove, save or replace large trees. (b) Show the size, species and location of the replacement and screening trees. The new screening trees shall be grouped together. These planting areas shall be along the south and east sides of the site to help screen the development from the existing and proposed houses to the south. The deciduous trees shall be at least two and one half (2 1l2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine and other species. (c) Show the planting or transplanting of at least 20 trees after the site grading is done. (d) Show no tree removal beyond the approved grading and tree limits. (e) Include for city staff a detailed tree planting plan and material list. (5) All the parking areas and driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. All driveway lengths will be reviewed by staff to accommodate off - street parking. (6) The design of the rainwater garden and its outlet shall be subject to the approval of the city engineer. The outlet shall be protected to prevent erosion. The developer shall give the city an easement for this drainage area and shall be responsible for getting any needed off -site pond and drainage easements. (7) Provide a minimum of six - inch -thick sidewalk section at each driveway. (8) The site, driveway, sidewalk and utility plans shall show: (a) A six- foot -wide concrete sidewalk along the north side of Gervais Avenue between the west end of the existing sidewalk and the west property line of the site. The public works director shall approve the location and design of City Council Meeting 01 -14 -02 11 Packet Page Number 146 of 159 6 the sidewalk. (b) A water service to each unit. (c) Repair of Gervais Avenue (street and boulevard) after the developer connects to the public utilities and builds the private driveway. (d) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire -flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (e) The plan and profiles of the proposed utilities. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Revise the landscape plan for city staff approval showing: (1) Foundation plantings of perennials and shrubs (with mulch) for the areas between the sidewalks and the proposed buildings. (2) The planting of additional native evergreens on the site to provide additional screening. These additional trees should include eastern red cedar, eastern arborvitae, and other native species. These additional trees should be located as follows: (a) Along the north property line of 1725 Gervais Avenue. (b) Along the south side of the new driveway (along the south property line of proposed Parcel A). (c) Along the west side of the new driveway (along the east property line of Parcel B.) The trees in these locations shall be at least six feet tall, in staggered rows (if possible) and are to provide screening that is at least 80 percent opaque. (3) All lawn areas shall be sodded. The city engineer shall approve the vegetation within the rainwater garden. (4) Having in- ground irrigation for all landscape areas (code requirement). d. Show city staff that Ramsey County has recorded the deeds, cross easements and all homeowners association documents for this development before the city will issue a certificate of occupancy for the first town house unit. e. Submit a photometric plan for staff approval as required by the city code. f. Revise the site plan or the property lines so that the town houses meet the setback requirements of the building code and of the building official. City Council Meeting 01 -14 -02 12 Packet Page Number 147 of 159 7 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction and set new property irons for the new property corners. b. Restore and sod damaged boulevards and sod all turf areas outside of the rainwater garden. C. Install a reflectorized stop sign at the Gervais Avenue exit, a handicap- parking sign for each handicap- parking space, no parking signs along the private driveway and addresses on each building for each unit. In addition, the applicant shall install stop signs and traffic directional signs within the site, as required by staff. d. Construct a six - foot -wide concrete public sidewalk on the north side of Gervais Avenue between the west end of the existing sidewalk and the west property line of the site. The Maplewood Public Works Director shall approve the location and design of the sidewalk. e. Provide pedestrian ramps in the sidewalk along Gervais Avenue to match the entrance driveway. Any future driveway shall match the grade of the new sidewalk. f. Complete the site grading and install all required landscaping, the rainwater garden and an in- ground lawn irrigation system for all landscaped areas (code requirement). g. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls, except where the city engineer determines that it is not necessary. h. Install on -site lighting for security and visibility, subject to city staff approval. 4. If any required work is not done, the city may allow temporary occupancy if a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. C. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes -All City Council Meeting 01 -14 -02 13 Packet Page Number 148 of 159 Agenda Item M9 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: White Bear Avenue Improvements (County Road D portion), Resolution Approving Plans and Specifications and Authorizing Advertising for Bids DATE: August 3, 2009 INTRODUCTION Ramsey County is currently planning improvements to County Road D between White Bear Avenue and Flandrau Street. City staff has been working with the County in the development of the proposed improvements. Final plans and specifications for the project have been completed and are ready to be advertised for bids. The bid opening is currently planned for September 2009. The actual date and time for the bid opening will be established at a later date based on coordination with Ramsey County and Mn /DOT. BACKGROUND The City Council authorized the preparation of a feasibility report for improvements to White Bear Avenue and County Road D on August 25, 2008. The completed feasibility report was received, plans and specifications were authorized, the public hearing was ordered, and a cost -share agreement with Ramsey County was approved at the November 24, 2008 Council meeting. The public hearing was held and the Council ordered the project on December 15, 2008. The improvements to County Road D are the first phase of the proposed White Bear Avenue improvements in the area of the Maplewood Mall. The proposed County Road D improvements include the following: • Reconstruction of County Road D to a four -lane divided section with concrete pavement. • Reconstruction of a portion of Southlawn Drive south of County Road D. • Installation of new storm sewer along the roadway. • Installation of two new traffic signals along County Road D at Southlawn Drive and at the Maplewood Mall north entrance drive. Ramsey County submitted this project for consideration of federal American Recovery and Reinvestment Act (ARRA) funding earlier this year. The County has been informed that the project was successful in obtaining $2,548,000 in ARRA funds. The construction of a majority of the proposed improvements will occur in 2010, with some minor utility relocation and driveway reconstruction work occurring in 2009. The proposed financing plan for the project includes some City of Maplewood participation. Consistent with the feasibility report, a portion of the City's funding will be provided by special assessments to the benefitting property owners. Packet Page Number 149 of 159 Agenda Item M9 DISCUSSION Staff is recommending that the Council approve the plans and specifications at this time to allow Ramsey County to proceed with the advertising and bidding of the project. Ramsey County will be awarding the contract for the project; however, the City will be provided the opportunity to concur with the bid award. Plans are available for review in the office of the city engineer. Plans and specifications for improvements to White Bear Avenue between County Road D and Radatz Ave will be presented to the Council for approval at a later date, likely in January or February of 2010. PROJECT BUDGET The estimated total project cost for the proposed improvements to County Road D is $3,300,000. Maplewood's proposed contribution for the project is $300,000, including $250,000 in special assessments and $50,000 in water main and sanitary sewer utility funds. Ramsey County is proposing to finance the remainder of the project costs with ARRA and County State Aid Highway (CSAH) funds. RECOMMENDATION It is recommended that the City Council approve the attached resolution for the County Road D Improvements, City Project 08 -13, which is part of the White Bear Avenue improvement project: Approving Plans and Specification and authorizing Advertising for Bids. Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Location Map Packet Page Number 150 of 159 Agenda Item M9 Attachment 1 RESOLUTION APPROVING PLANS AND SPECS AUTHORIZING ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the City Council on November 24 2008, plans and specifications for the County Road D Improvements, City Project 08 -13, which is part of the White Bear Avenue improvements, and 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 Engineer. 2. Ramsey County 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, and shall state that bids will be publicly opened and that no bids shall be considered unless sealed and filed with the County and accompanied by a certified check or bid bond. 3. Ramsey County is hereby authorized and instructed to receive, open, and read aloud bids received, and to tabulate the bids received. The Council will consider the bids, and concur with Ramsey County award of a contract at a future City Council meeting. Packet Page Number 151 of 159 Agenda Item M9 Attachment 2 FAIR FAIR OAKS DR. < E. WILL CT. z o < z < < ry Q < LYDIA o AVE. < IVY LA. < 0 S! u � a_ b-z MAPL Of ry q BEAM ........... 7:. < ORCHARD � - Lu V) MAPLE VIEW AVE.. 7 > < 0 AVE. RADATZ w MONN L j MESABI AVE, MESA BI AVE. i UHL w MONN CT. > < cv > < w Ccsey , w KOHLMAN 0 A VE. r<y Lu MOHAWK(D < COUNT I > / vo 45 BUERKLE RD. Q�94 CCUN7'ROAD D U) D LEGACY PKWY X, u- E 6Z Is, BEAM AVE. im Ll" (y 0 U), 2 MAPLEWOOD ry n p1 VALE K , I Av j l0w, AMML F- ORTH CD () I mop- larrietHom aW AL%odat% Inc. V) Lu y n - TR AC'y w < THOMAS\, LA < M > of AVE. WHITE BEAR LAKE 0 rY < C"/- y- BERGERON LA. City ofMaplewood Mhmesota Depariment ofPyjbEc Works % RAMSEY C OUNTY PROJECT LOCATION MAP COUNTY ROAD D CITY PROJECT NO. 08-13 RAMSEY COUNTY PROJECT NO. P-3202 S.A.P. 62-619-30 COUNTY R 0 A3� Co WOODLYN AVE. ry Q < LYDIA o AVE. ry co 0 Cn u � a_ b-z MAPL ry q BEAM ........... 7:. � - Lu V) MAPLE VIEW AVE.. > < 0 AVE. RADATZ L j MESABI AVE, MESA BI AVE. i UHL w < AVE. Ho\- > < w Ccsey , w KOHLMAN Lake -- j A VE. r<y Lu MOHAWK(D < COUNT I > City ofMaplewood Mhmesota Depariment ofPyjbEc Works % RAMSEY C OUNTY PROJECT LOCATION MAP COUNTY ROAD D CITY PROJECT NO. 08-13 RAMSEY COUNTY PROJECT NO. P-3202 S.A.P. 62-619-30 AGENDA NO. M -10 AGENDA REPORT To: Jim Antonen, City Manager From: Bob Mittet, Finance Director Date: August 5, 2009 Re: Resolution for Adoption of Citizen Services Rates for 2009 BACKGROUND Attached is a schedule of current and proposed rates for 2009. With reference to the attached schedule of fee charges, staff asks City Council approval for the following fee changes: The Dangerous Dog Ordinance was recently adopted and requires rates be set. Shoreview and White Bear Township have adopted dangerous dog ordinances and both have set their rates equal to those proposed by staff. Staff has informally surveyed some neighboring cities and is basing the recommended fees for photo copy charges and certification of property taxes on these surveys. The fee for photo copy charges would supercede all other fees in effect. Photo copy and certification charges have not been adjusted in recent years but will be added to the other fees for inclusion in future annual reviews. RECOMMENDATION Staff requests approval of the attached resolution approving the attached schedule of current and proposed fees for the remainder of 2009. Packet Page Number 153 of 159 CITIZEN SERVICES DEPARTMENT Additional Fee Charges Effective August 11, 2009 FEES Previous Proposed Potentially Dangerous Dog nja $100.00 Dangerous Dog nja $250.00 Photo Copy Charges $0.05 $0.25 Rate for Certification of Charges to Property Taxes 8.00%1 10.001 Packet Page Number 154 of 159 RESOLUTION ADOPTION OF 2009 CITIZEN SERVICES RATES WHEREAS, the City of Maplewood has established citizen services rates, and WHEREAS, the City of Maplewood has adopted a dangerous dog ordinance, and WHEREAS, fees have not previously been set as pertains to the dangerous dog ordinance, and WHEREAS, city staff has reviewed the following citizen services rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated citizen services rates shown in the attached schedule shall become effective beginning August 18, 2009. 2. The updated citizen services rates are approved for all related citizen services charges received on or after August 18, 2009. 3. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration at the end of 2009 beginning effective January 1, 2010. Packet Page Number 155 of 159 AGENDA REPORT Agenda Item N1 TO: James W. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Markham Pond Retaining Wall, City Project 05 -18, Resolution Receiving Project Bids and Awarding Construction Contract DATE: August 6, 2009 INTRODUCTION Azure Properties, Inc. is the owner of a building at 1650 Beam Avenue. Azure Properties took legal action in 2000 to determine that the city was responsible for a retaining wall built by Azure Properties to hold their parking lot in place. The wall is failing and the City Council authorized an engineering investigation in June 2005 to determine an approach for replacement or rehabilitation. The report recommended a project be completed in 2007. Legal proceedings and discussions have ensued since that timeframe to determine the ownership and local responsibilities. A legal opinion from the League of Minnesota Cities Insurance Trust recommended that the City would have difficulty in prevailing on this issue of wall ownership. An agreement has been negotiated by the City Attorney with Azure Properties, Inc. for a replacement project. Plans have been completed and bids for the construction of the project have been received. Approval of a construction contract is recommended. Background The property at 1650 Beam Avenue is adjacent to Markham Pond. The parking lot for this property is supported by a two -tier timber wall. The parking lot has been sinking toward Markham Pond and the wall is showing significant indications of displacement. Due to the possibility of failure, the engineering staff hired a retaining wall expert to analyze the wall. The report was prepared by SEH Engineers. In summary, the report concluded that the wall has failed and likely will completely collapse soon. The engineer originally recommended that the wall be replaced in 2006; however, after further discussion in October 2005, a decision was made that there was little risk of wall failure in 2006, so the repairs were delayed, but are at the point that replacement in 2009 is necessary. An updated review of the wall was conducted in January 2007, again in 2008 and recently in 2009 to determine the risk factors with waiting for this improvement. Additional indications of movement of the parking lot have been observed in recent months indicating that further degradation of wall has occurred increasing the likelihood of catastrophic failure that could impact the building structure. On October 13, 2008, the City Council approved a project budget of $375,000 and authorized the preparation of the Improvement Agreement and the project plans and specifications. Budget Impact The cost for wall construction in 2007 was estimated at $375,000. A project budget of $375,000 was established at that time. Funding for this project is proposed from an assessment to the property, Azure Properties in the amount of $56,084.40. The remainder has been budgeted and is available from the EUF Fund. The assessment amount is set with Azure Properties, Inc. Packet Page Number 156 of 159 MARKHAM POND IMPROVEMENTS PAGE TWO Project Bids On July 13, 2009, the City Council approved a project agreement with Azure Properties, Inc. and authorized the receipt of bids for the construction of the Markham Pond Retaining Wall Project. Bids were received on August 5, 2009 as follows: Urban Companies, LLC $251,913.00 Sunram Const., Inc. $304,555.45 Pember Companies, Inc. $308,832.25 Arnt Construction Co. $314,245.80 Veit Company, Inc $324,165.00 Carl Bolander & Sons Co. $327,111.00 Lametti & Sons, Inc. $373,760.00 Engineer's Estimate $332,115.00 Project Budget $375,000.00 As noted, the lowest bid is $80,202 (24 %) below the engineer's estimate of the project cost, and $123,087 below the 2007 project estimated cost (33 %). These bids continue to reflect the exceptionally good bidding market for construction. There was a minor addition error in the bid of Urban Companies, LLC, that did not impact the overall award. Urban Companies, LLC have not performed work for the City of Maplewood in the past, but appear capable of performing this work. Award of a construction contract to Urban Companies, LLC, is recommended. RECOMMENDATION It is recommended that the City Council approve the attached resolution receiving the project bids from August 5, 2009 for the Markham Pond Retaining Wall, City Project 05 -18 and awarding a construction contract to Urban Companies, LLC in the amount of $251,913.00. Attachments: 1. Resolution 2. SEH letter recommending award Packet Page Number 157 of 159 Agenda Item N1 Attachment RESOLUTION RECEIVING PROJECT BIDS And AWARDING A CONSTRUCTION CONTRACT 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 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 Council, on July 13, 2009, approved said final plans and specifications as prepared by S.E.H. Engineers, and THAT: WHEREAS, the City Council authorized the receipt of project bids on August 5, 2009, and WHEREAS, the City Engineer has reported on the said receipt of said bids as follow =s: Urban Companies, LLC $251,913.00 Sunram Const., Inc. $304,555.45 Pember Companies, Inc. $308,832.25 Arnt Construction Co. $314,245.80 Veit Company, Inc $324,165.00 Carl Bolander & Sons Co. $327,111.00 Lametti & Sons, Inc. $373,760.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, The bids received and opened on August 5, 2009, are hereby received. 2. Urban Companies, LLC in the amount of $251,913.00 is the lowest responsible bid for the construction Markham Pond Retaining Wall Improvements, City Project 05 -18, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. Packet Page Number 158 of 159 Agenda Item N1 Attachment 0 August 6, 2009 Mr. R. Chuck Ahl, PE City Engineer City of Maplewood 1830 East County Road B Maplewood, MN 55109 -2797 RE: City of Maplewood, Minnesota Markham Pond Retaining Wall City Proj ect No. 05 -18 SEH No. MAPLE 106137 On Wednesday, August 5, 2009, at 10:00 a.m. 7 of bids were received for the above - referenced project. The bids ranged from a high of $373,760 to a low of $251,913. The low bid was submitted by Urban Companies, LLC. The bid results are summarized below. Contractor Total Bid 1 Urban Companies, LLC $251,913.00 ** 2 Sunram Const. Inc. $304,555.45 3 Pember Companies, Inc. 5308,832.25 4 Arnt Construction Co. $314,245.80 ** 5 Veit Company, Inc. $324,165.00 6 Carl Bolander & Sons Co. $327,111.00 7 Lametti & Sons, Inc. $373,760.00 Engineer's Estimate $332,115.00 ** Denotes corrected figure We have investigated the qualifications of Urban Companies, LLC and find that they ( 1) have a sufficient understanding of the project and equipment to perform the construction for which it bid; and (2) according to their bonding agent they presently have the financial ability to complete the project bid. SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability to complete its work. Accordingly we recommend the project be awarded to Urban Companies, LLC in the amount of $251,913.00. Sincerely, Steven F. Heth, PE Project Manager ah s tkon-nvm}apleA 10613 ?\reports &spees�,s\recawardLdoc Packet Page Number 159 of 159