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HomeMy WebLinkAbout2009 08-24 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, August 24, 2009 City Hall, Council Chambers Meeting No. 17 -09 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country. C. ROLL CALL Mayor's Address on Protocol "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. " D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of August 3, 2009, City Council Workshop Minutes 2. Approval of August 10, 2009, City Council Meeting Minutes F. VISITOR PRESENTATIONS — PART 1 (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenters will be instructed to remain at the meeting until this item is re- opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G -H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation — Part II.) 1. Request To Call City Council Manager Work Session Meeting - August 31, 2009, 5:00 p.m. — Topic: Overview of 2010 Budget — General Levy 2. Maplewood Fire Department — Report On Fill The Boot Fundraiser H. COUNCIL PRESENTATIONS 1. APPOINTMENTS AND PRESENTATIONS 1. Update On Sustainable Trail At Applewood Neighborhood Preserve 2. Consider Official Time Capsule Proclamation J. PUBLIC HEARINGS K. UNFINISHED BUSINESS 1. Consider Approving First Reading Of Ordinance On Recreational Fires 2. Consider Final Adoption Of City Council Policy And Procedures For Boards And Commissions 3. Consider Resolution Calling Public Hearing For Tax Increment Financing Redevelopment District No. 1 -10 For The Shores Project Within Gladstone Redevelopment Area L. NEW BUSINESS 1. Discussion Of City Manager Spending Authority — Councilmember Hjelle 2. Council Policy And Procedures; Fair And Equal Notification Of Legal Actions Involving Councilmembers and Or Staff — Councilmember Hjelle 3. Council Policy And Procedures; Police And Legal Activities Involving Councilmembers — Councilmember Hjelle 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 Hmong American Alliance Church Conditional Use Permit Review — 2515 Maplewood Drive 3. Approval Of Comforts Of Home Conditional Use Permit Review — 2300 Hazelwood Street 4. Approval Of Miscellaneous Permit Ramsey County Sheriff's — Fright Farm On Ramsey County Fairgrounds 5. Century Avenue Improvements, Project 03 -15, Approval Of Utility Construction And Maintenance Agreement With Ramsey County N. AWARD OF BIDS 1. Holloway Avenue And Stanich Highlands Area Improvements, City Project 09 -13 a. Resolution Accepting Assessment Roll and Calling Assessment Hearing For September 28, 2009. b. Resolution Receiving Bids And Awarding Construction Contract C. Resolution Approving No Parking Restrictions For Holloway Avenue 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.) P. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2001 to make arrangements. Assisted Listening devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings — elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language.'', MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, August 3, 2009 Council Chambers, City Hall A. CALL TO ORDER Agenda Item E1 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Absent Kathleen Juenemann, Councilmember Absent John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew moved to approve the agenda as submitted. Seconded by Councilmember Rossbach. Ayes — All The motion passed. D. UNFINISHED BUSINESS None. E. NEW BUSINESS 1. City Manager Review Process — Goals and Objectives — No Report a. Human Resources Attorney, Chuck Bethel addressed and answered questions of the council. b. City Manager, James Antonen addressed and answered questions of the council. c. City Attorney, Alan Kantrud answered questions of the council. City Manager, James Antonen gave a report on the National Night Out coming up on Tuesday, November 4, 2009. Mayor Longrie invited visitors to come forward and speak to the council. Easton and Jennifer Hance, 160 County Road B East, Maplewood. Mr. Hance had concerns regarding St. Paul Regional Water Services, located at 1900 Rice Street North. The Hance's expressed concern regarding the noise, dirt and hours they conduct business and how it affects his home located close to that business. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:27 p.m. August 3, 2009 City Council Manager Workshop Minutes Packet Page Number 3 of 127 ra 7 L MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, August 10, 2009 Council Chambers, City Hall Meeting No. 16 -09 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 6:35 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present The following items were added by the council H1. National Night Out Follow up — Councilmember Juenemann H2. Councilmembers attending Staff Meetings — Councilmember Hjelle H3. 1 -94 Corridor Meeting Update — Mayor Longrie H4. Maplewood Monthly Council Corner clarification- Mayor Longrie Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes — All The motion passed. Approval of July 13, 2009, City Council Meeting Minutes for July 20, 2009. Councilmember Nephew moved to approve the July 13, 2009, City Council Meeting Minutes for July 20, 2009, minutes as submitted. Seconded by Councilmember Juenemann Ayes — All The motion passed. Approval of July 27, 2009, City Council Workshop Minutes Councilmember Nephew moved to approve the minutes as submitted. Seconded by Councilmember Rossbach. Ayes — All Page 1 of 16 Packet Page Number 4 of 127 The motion passed. Approval of July 27, 2009, City Council Meeting Minutes Councilmember Nephew moved to approve the minutes as submitted. Seconded by Councilmember Rossbach. Ayes — All The motion passed. F. VISITOR PRESENTATIONS — PART 1 1. Frederica Musgrave, 1949 Greenbrier Street, Maplewood. Ms. Musgrave voiced her concerns about duragatory remarks that were being written about her on a councilmember's website. She was also concerned about the proposed to increase copying costs from .5 to .25 on the consent agenda. She also mentioned her concerns about the Markham Pond Retaining Wall. G. ADMINISTRATIVE PRESENTATIONS None. H. COUNCIL PRESENTATIONS 1. National Night Out Update — Councilmember Juenemann asked Maplewood Police Chief Thomalla to give an update on the number of parties that were held. 2. Councilmembers attending Staff Meetings — Councilmember Hjelle asked City Manager, Antonen if there have been any councilmembers at staff meetings since he began working for the City. 3. 1 -94 Corridor Meeting Update — Mayor Longrie indicated that the next meeting is Thursday, August 13, 2009. 4. Maplewood Monthly Council Corner clarification — Mayor Longrie said in November 2008 the council did receive a schedule outlining which councilmember would be writing for which month. In December 2008 the council received a confirmation of which councilmember would be writing articles for 2009. Mayor Longrie said she was scheduled to write her article which was due July 2, 2009, for August. The item about Council Corner came on the agenda for the council meeting July 13, 2009. Under the council rules and procedures, in order for a councilmember to put something on the agenda for a council item to be considered it would have been due July 6, 2009. The staff needs items a whole month in advance for planning purposes before the Maplewood Monthly gets printed. APPOINTMENTS AND PRESENTATIONS 1101� Page 2 of 16 Packet Page Number 5 of 127 "Because it wasn't quite 7:00 p.m. to begin the public hearing Mayor Longrie allowed Maplewood business owner Roger Logan from 2228 Maplewood Drive, Maplewood, to speak to the council regarding a complaint with the Maplewood Police department. 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 i. City Engineer, Michael Thompson gave the report and answered questions of the council. ii. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Mayor Longrie opened the public hearing. 1. Bernard Kennedy, 2532 Stillwater Road, Maplewood. 2. Michael Keeley, 2524 Stillwater Road, Maplewood. 3. Theresa Deutch, 2678 Stillwater Road, Maplewood 4. Mike Lobinski, 2516 Stillwater Road, Maplewood. 5. Gerald Keeley, 2524 Stillwater Road, Maplewood. 6. Kay Bolden, 2550 Stillwater Road, Maplewood. 7. Mark Brown, 2588 Stillwater Road, Maplewood. 8. William Lindberg, 2552 Stillwater Road, Maplewood. 9. Judy Hink, 5123 Elliott Minneapolis, Principal, Gethsemane School, Maplewood. 10. Jim Lobinski, 2546 Stillwater Road, Maplewood. 11. John O'Fallan, 2670 Stillwater Road, Maplewood. 12. Mike McGinn, 960 Bartlemy Lane, Maplewood. Mayor Longrie closed the public hearing. Councilmember Nephew moved to approve the resolution ordering the Stillwater Road/TH 5 Improvements. City proiect 09 -04. The scope of the proiecf should be based on the easements approved by each individual landowner. RESOLUTION 09 -08 -238 ORDERING IMPROVEMENT AFTER PUBLIC HEARING 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. Page 3 of 16 Packet Page Number 6 of 127 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 Seconded by Councilmember Juenemann. Ayes — All Councilmember Rossbach made a friendly amendment that the scope of the project should be based on the easements approved by each individual landowner. The friendly amendment was accepted by Councilmember Nephew. The motion passed The city council took a short recess at 9:14 a.m. The council reconvened at 9:30 p.m. K. UNFINISHED BUSINESS 1. Consider Amending Chapter 12 Building and Building Regulations and Call For First Reading On August 24, 2009. a. Community Development & Parks Director, DuWayne Konewko gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. c. Building Official, David Fisher answered questions of the council. No Action was taken. The City Council requested that staff get statistics for the past two years regarding the items discussed during the council meeting and that city staff schedule a workshop to discuss this item after its been heard by the Housing and Redevelopment Authority. 2. Conditional Use Permit Review — Beaver Lake Town Houses, Maryland Avenue and Lakewood Drive a. Community Development & Parks Director, DuWayne Konewko gave the report and answered questions of the council. b. City Engineer, Michael Thompson answered questions of the council. Page 4 of 16 Packet Page Number 7 of 127 Councilmember Nephew moved to approve 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 maior change to the site or to the proiect plans. Seconded by Councilmember Rossbach The motion passed. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie Councilmember Hjelle L. NEW BUSINESS 1. Hills & Dales Area Street Improvements, City Project 09 -15, Resolution Ordering Preparation Of Feasibility Study. a. City Engineer, Michael Thompson, gave the report and answered questions of the council. Councilmember Nephew moved to approve the resolution ordering the preparation of the feasibility study for the Hills & Dales Area Street Improvements, Project 09 -15. RESOLUTION 09 -08 -239 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. Seconded by Councilmember Rossbach Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie Councilmember Hjelle The motion passed. Page 5 of 16 Packet Page Number 8 of 127 2. Consider Resolution Of Support For Gladstone Neighborhood Livable Communities Grant. a. Community Development & Parks Director, DuWayne Konewko gave the report and answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Hjelle moved to approve 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. (Changing the word will to can) Resolution 09 -08 -240 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 wi14 can be complete by the requested new expiration date of December 31, 2010. The Maplewood City Council adopted this resolution on August 10, 2009 Seconded by Councilmember Juenemann. Ayes — All The motion passed. Page 6 of 16 Packet Page Number 9 of 127 M. CONSENT AGENDA 1. Councilmember Nephew moved to approve items 3, 5, 7 -9. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 2. Mayor Longrie moved to approve item 1. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Councilmember Juenemann moved to approve item 2. Seconded by Mayor Longrie. Ayes — All The motion passed. 4. Councilmember Rossbach moved to approve item 4. Seconded by Councilmember Nephew. Ayes — Councilmember Juenemann, Nephew & Rossbach Nays — Mayor Longrie & Councilmember Hjelle The motion passed. 5. Mayor Longrie moved to approve item 6 Seconded by Councilmember Hjelle. The motion passed. 6.Councilmember Hjelle moved to approve item 10 Seconded by Councilmember Nephew. The motion passed. Page 7 of 16 Ayes — All Ayes — Councilmembers Hjelle, Juenemann, Nephew, & Rossbach Nay — Mayor Longrie Packet Page Number 10 of 127 1. Approval of Claims Mayor Longrie moved Approval of Claims. ACCOUNTS PAYABLE: $ 374,863.65 Checks # 78937 thru # 78995 Dated 07/28/09 $ 140,019.31 Disbursements via debits to checking account Dated 07/17/09 thru 07/24/09 $ 363,316.42 Checks # 78996 thru # 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 PAYROLL $ 621,170.13 $ 2,341.75 $ 623,511.88 $ 1,855,575.78 Seconded by Councilmember The motion passed. Total Accounts Payable Payroll Checks and Direct Deposits dated 07/24/09 Payroll Deduction check #1007487 thru #1007488 dated 07124109 Total Payroll GRAND TOTAL Nephew. Ayes — All 2. Approval Of Resolution Certifying Election Judges For The September 15, 2009, Municipal Primary Election Councilmember Juenemann moved to approve the resolution certifying the election fudges for the September 15, 2009, Municipal Primary Election. RESOLUTION 09 -08 -241 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 Albu, Josephine Albu, Verle Anderson, Christina Anderson, Elsie Anderson, Eugena Anderson, Suzanne Anderson, Vivian Ansari, Ahsan Arnold, Carole Baluyut, Jennifer Barrett, Marlis Bartelt, Joan Bedor, David Belland, Jaime Page 8 of 16 Packet Page Number 11 of 127 Berg, Helen Franzen, Nick Lackner, Marvella Berry, Robert Freer, Mary Jo Lally, Rita Betancourt, Lisa Friedlein, Charlene Lampe, Charlotte Bieniek, Robert Friedlein, Richard Larson, Anita Boehm, Catherine Fritsche, Samantha Larson, Michelle Bolden, Donita Frye, Beverly Lauren, Lorraine Bonfig, Natalie Fuller, Mary Katherine Lawrence, Donna Bortz, Albert Galligher, Patricia Leiter, Barbara Bortz, Jeanne Gebauer, Marilyn Leo , Pati Boyd, Mary Gebauer, Victor Leo, Ann Breidenstein, Anna Marie Gierzak, Sister Clarice Leonard, Claudette Brudzinski, Margaret Gimble, Muriel Leonard, Erin Bunde, Jennette Golaski, Diane Lincowski, Steve Bunkowske, Bernice Grefe, David Lincowski, Vi Button, Joan Gudknecht, Jamie Lockwood, Jackie Cahanes, Lucille Gunn, Jaclynn Lodge, Audrey Carbone, Joyce Guthrie, Rosie Lofgren, Delores Carle, Jeanette Haack, Donita Loipersbeck, Darlene Cleland, Ann Hart, Barbara Lowe- Adams, Shari Cohn Madson, Debra Hecht, Lloyd Lucas, Lydia Connelly, Thomas Heininger, Gordon Luttrell, Shirley Connolly, Colleen Herber, Darlene Mahowald, Valerie Corbett, Robert Hess, Harland Marre, Jeri Cotter, Cathleen Hilliard, Barb Manthey, John Dansdill, Joanne Hines, Constance Marsh, Delores D'Arcio, India Hinnenkamp, Gary Maskrey, Thomas Davidson, Mae Hogan, Anna Mauer, Mary Lynn Davidson, Marianne Honsa, Kay Mauston, Shelia Deeg, Edward Horgan, Gerald McCann, John Deiman, Pauline Horgan, Sharon McCarthy, Peggy Demko, Fred Hugo, Lisa McCauley, Judy Dempsey, Loree Hulet, Jeanette Mealey, Georgia Desai, Bhupat Hulet, Robert Mechelke, Geraldine DeZelar, Phil Huntoon, Lynn Mechelke, Mary Lou Dicks, John Iversen, Thomas Meyer, Jackie Dicks, Judy Jackson, Shannon Miller, Charlotte Dickson, Helen Jean Jacobson, Scott Miller, Eric Dittel, Kathleen Jagoe, Carol Miller, Seth Doyle, Monica Janacek, Jeffrey Minke, Mary Ann Droeger, Diane Jefferson, Gwendolyn Misgen, Joan DuCharme, Fred Jenkins, Chris Mohr, John Duellman, Audrey Johannessen, Judith Mohr, Sheila Eickhoff, Carolyn Johnson, Barbara Mossong, Betty Engel, Carol Johnson, Mary Motz, Betty Erickson, Elizabeth Johnson, Warren Mudek, Dolores Erickson, Eric Jones, Julia Mudek, Leo Erickson, Sue Jones, Shirley Muraski, Gerry Evans, Joan Jurmu, Joyce Myster, Thomas Feld, Robyn Kansier, Christine Nephew, Shelly Finch, Roberta Kirchoff, Harold Nettleton, Janet Fischer, Lorraine Kliever, Rosemary Newcomb, Winifred Fischer, Mary Knauss, Carol Nichols, Miranda Fischer, Peter Knutson, Lois Nieman, James Fitzgerald, Delores Koch, Rosemary Nieters, Louise Fosburgh, Anne Kolasa, Joan Nissen, Helen Fowler, Cynthia Kramer, Dennis Niven, Amy Francis, Gretchen Kramer, Patricia Norberg, Ann Francis, Robert Krause, Bruce Oakes, Todd Franssen, Mary Ann Krekelberg, Mona Lou O'Brien, D. William (Bill) Franzen, James Kwapick, Clemence Olson, Anita Page 9 of 16 Packet Page Number 12 of 127 Olson, Lois Trippler, Dale Olson, Norman Urbanski, Carolyn Oslund, Kathryn Urbanski, Holly Overstreet, Sherri Urbanski, Michelle Paddock, Ken Urbanski, William Parent, Dian VanBlaricom, Beulah Pearson, Gina Vanek, Mary Pehl, David Vatne, Mary Peitzman, Lloyd Virola, Victor Peper, Marilyn Volkman, Phyllis Peterson, Tracey Walstead, Patricia Picard, David Wasmundt, Gayle Popham, Mike Weiland, Connie Prefer, Bill Weldy, Susan Quistad, Ida Whitcomb, Doris Radermacher, Karla Whitcomb, Larry Rahn, Delbert Willy, John Reddg, Kristine Witschen, Delores Rempel, Lovella Wold, Hans Rivard, Tim Wolfgram, Dorothy Rodriguez, Vincent Wood, Susan Rohrbach, Charles Yorkovich, Cindy Rohrbach, Elaine Zacho, Karen Roller, Carolyn Zian, Helen Ronayne, Rita Ronholm, Mary Rudeen, Elaine Sandberg, Janet Satriano, Pauline Sauer, Elmer Sauer, Kathleen Sauro, Janet Scheunemann, Marjorie Schiff, Marge Schluender, Cynthia Schmidt, Deb Schneider, Mary Ann Schoenecker, Sandra Schroepfer, Harriet Schultz, Louise Shankar, Ananth Shores, Teresa Skelten, Shirley Sobania, Gina Spangler, Bob Spear, Michele Spies, Louis Stafki, Tim Stenson, Karen Stevens, Sandra Storm, Mary Strack, Joan Strunk, Amye Swanson, Ingrid Taruscio, Agnes Taylor, Lorraine Taylor, Rita Thomforde, Faith Tillman, Leila Tolbert, Franklin Page 10 of 16 Packet Page Number 13 of 127 Seconded by Mayor Longrie. The motion passed. Ayes — All 3. Approval Of Temporary Gambling Permit And Fee Waiver — Church Of St. Jerome's Councilmember Nephew moved to approve the Temporary Gambling Permit and Fee Waiver for Church of St. Jerome's. RESOLUTION 09 -08 -237 BE lT HEREBY RESOLVED, 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. Rose /awn 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 l'i endorsement protecting the City was requ nsurance from Catholic Mutual with an Seconded by Councilmember Ayes — All The motion passed. 4. Approval To Pay For All- Electric GEM Car Councilmember Rossbach moved to approve purchasing the Electric GEM Car at a cost of $10,149 from the Capital improvements proiects fund. Seconded by Councilmember Nephew. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, Councilmember Hjelle The motion passed. 5. Consider Approval Of Acceptance Of Donation From The Lawrence Ellisen Family For A Memorial Park Bench At Sunset Ridge Park Councilmember Hjelle moved to approve the resolution to accept the donation totaling $919.10 from the Ellisen family for a memorial park bench at Sunset Ridge Park. August 10, 2009 Packet Page Number 14 of 127 11 City Council Meeting Minutes RESOLUTION 09 -08 -242 ACCEPTANCE 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 August 10, 2009. SIGNED: WITNESSED: (Signature) City Clerk (Signature) (Date) Seconded by Councilmember Juenemann. The motion passed. 6. Conditional Use Permit Review — Costco —1431 (Date) Ayes — All Beam Avenue Mayor Longrie moved to approve the Costco CUP Review at 1431 Beam Avenue. Seconded by Councilmember Hjelle. The motion passed. Ayes — All 7. Conditional Use Permit Review Heritage Square PUD, Legacy Parkway and Kennard Street Councilmember Nephew moved to approve the CUP for Heritage Square PUD, Legacy Parkway and Kennard Street. Seconded by Councilmember Hjelle. The motion passed. August 10, 2009 City Council Meeting Minutes Ayes — All Packet Page Number 15 of 127 12 8. Conditional Use Permit Review — Carefree Cottages Villas (Phase IV), 1735 and 1737 Gervais Avenue Councilmember Nephew moved to approve the CUP for Carefree Cottages Villas (Phase IV), 1735 and 1737 Gervais Avenue and to approve it again in one year. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 9. White Bear Avenue Improvements (County Road D Portion), Project 08 -13, Resolution Approving Plans And Specs and Authorizing Ad For Bids Councilmember Nephew moved to approve the resolution for the County Road D Improvements, City Proiect 08 -13, which is part of the White Bear Avenue improvement Proiect Approving Plans and Specification and Authorizing Advertising for Bids. RESOLUTION 09 -08 -243 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 MAPLEWOOD, MINNESOTA: 1. Such plans and sr hereof, are hereby approved and COUNCIL OF THE CITY OF )py of which are attached hereto and made a part 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. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 10. Approval of Resolution Setting Miscellaneous Fees Councilmember Hjelle moved to approve the resolution of current and proposed fees for the remainder of 2009. August 10, 2009 Packet Page Number 16 of 127 13 City Council Meeting Minutes RESOLUTION 09 -08 -244 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 s for revisions brought to the city counci effective January 1, 2010. Seconded by Councilmember Neohew. The motion passed. annual basis with recommendations Jeration at the end of 2009 beginning Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie Councilmember Nephew moved to complete the meeting past curfew in order to finish the last item on the agenda. Seconded by Councilmember Juenemann. The motion passed. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie Councilmember Hjelle 1. Markham Pond Retaining Wall Improvement — City Project 05 -18 — Consider Resolution Receiving Bids and Awarding Construction Contract a. Assistant City Manager, Public Works Director, Chuck Ahl gave the report. August 10, 2009 Packet Page Number 17 of 127 14 City Council Meeting Minutes Councilmember Nephew moved to approve the resolution receiving the proiect 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. RESOLUTION 09 -08 -245 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 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 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 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, THAT: 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. August 10, 2009 Packet Page Number 18 of 127 15 City Council Meeting Minutes Seconded by Councilmember Juenemann. Eel The motion passed. VISITOR PRESENTATIONS — PART 11 fl one. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:33 p.m. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie Councilmember Hjelle August 10, 2009 Packet Page Number 19 of 127 16 City Council Meeting Minutes Agenda Item G1 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager SUBJECT: Request to Call City Council — Manager Work Session Meeting August 31, 2009 at 5:00 pm Topic: Overview of 2010 Budget — General Levy DATE: August 19, 2009 INTRODUCTION The City Council will need to adopt a resolution before September 15, 2009, that establishes the maximum tax levy for the 2010 Budget. This is not the final levy, but establishes an amount that is the maximum that can be levied against property and will be the amount that is shown on property owner tax statements for notice of hearing. The staff anticipates being prepared to provide the Council with an overview of the various programs and options for maintaining a zero levy increase, a minor levy increase, and a minor levy increase with a levy for the lost unallotment of Market Value Homestead Credit (MVHC) funds for 2008 and 2009. The staff reports will provide information on each departments impacts from the various levy proposals. It is proposed that the Council call a meeting for August 31, 2009 at 5:00 pm for reviewing this information. It is anticipated that the meeting will last 2 hours. RECOMMENDATION It is recommended that the City Council adopt a motion calling a City Council — Manager Work Session for Monday, August 31, 2009 at 5:00 pm for the purpose of receiving an overview of the 2010 Budget and in the impact on the General Tax Levy. Packet Page Number 20 of 127 Agenda Item 11 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Ginny Gaynor, Natural Resources Coordinator SUBJECT: Update on SustainableTrail at Applewood Neighbhorhood Preserve DATE: August 12, 2009 for August 24, 2009 meeting INTRODUCTION In 2008, Council approved funding for installation of a trail at Applewood Neighborhood Preserve. The trail was installed in fall 2008 and additional work is being done on the trail in August and September 2009. At the August 24, 2009 council meeting, staff will update council on the trail project. DISCUSSION In 2008, TrailSource, LCC installed a trail at Applewood Neighborhood Preserve using sustainable trail design concepts. This type of trail typically has soil or grass surface and is especially appropriate for natural areas. The design and construction standards meet the criteria for five essential elements of sustainable trails: 1) relationship of sideslope grade to trail grade, 2) average trail - segment grade, 3) maximum trail grade, 4) grade reversals, and 5) outslope. The type of sustainable trail we are installing is appropriate for low to moderate trail use. Here is what we can expect from this type of trail: 1. The trail will shed water. 2. The trail should have very little erosion. 3. In shaded areas, the trail will typically be soil. In sunny areas, grass will grow into the trail but on a well -used trail, there will be a strip of bare soil down the center of the trail where most people walk. 4. Vegetation will move into the trail so mowing will be necessary on some sections. The trail will need to be mowed one to three times during the growing season in the open sunny areas and less in the woods. 5. Sections of the trail will be soft, and possibly muddy, for a week or two during spring thaw. (This is especially true the first year of the trail.) 6. The trail should shed water during a rainfall. However, after an especially heavy rainfall the trail may become soft and a bit muddy. It should dry within a day or so. 7. Depending on the site's soil, minor touch -up grading may be required every three to five years. Nearly all the residents that staff has heard from like the new trail at Applewood, especially the northern section through the woods. However, there has been vandalism of some of the signs, confusion about the closing down of old trail sections, and questions about remaining tasks. Most of the trail sections removed were informal trails that had never been graded. Some had deep ruts which made mowing dangerous. Our strategy for closing down old sections of trail is: 1) Rough up the old trail, 2) seed it with native species, 3) pile brush at the ends of the trail, and sometimes the length of the section, 4) post a sign "Trail rerouted, do not enter ". It takes two to three years for the trail to revegetate. At that point we remove the brush piles. This method is proving very effective on several reclaimed sections — people are staying off the old trail and vegetation is moving in. The main issue for residents with this technique has been aesthetics. Some of the brush piles are very messy. Packet Page Number 21 of 127 This fall we will repile some of the piles so they are not such an eyesore. If necessary, we can try other styles of barrier. Work is continuing on the Applewood trail in August and September 2009. Here is a schedule of activities: August 2009 — Contractor (scheduled for August 14) 1. Remove two piles of old timbers 2. Fine -tune grading on a few areas 3. Compact soft sections of trail 4. Install Class 5 on about 200' of old trail which was not graded 5. Remove three stumps in trail September 2009 — Staff, volunteers, MN Conservation Corp 1. Replace vandalized signs and install additional signs 2. Repile messy brush piles used to close off old trails 3. Reseed sections of old trail 4. Move brush piles that are along trail 5. Remove dead or damaged brush along trail 6. Pull weeds near the limerock benches 7. Mow the trail 8. Put information regarding sustainable trails on the city website Late Fall or Winter 2009 — Create a trail map and post it on the city website. The Applewood trail is beautifully routed and we look forward to putting the finishing touches on the trail. The trail at the Priory Neighborhood Preserve uses the same design concepts and construction methods. It is one year older than the Applewood trail, has been well- received by residents, and is performing very well. RECOMMENDATION No action is required. 2 Packet Page Number 22 of 127 Agenda Item 12 MEMORANDUM TO: James Antonen, City Manager FROM: David Fisher, Building Official SUBJECT: Consider Official Time Capsule Proclamation DATE: August 17, 2009 INTRODUCTION The original time capsule was removed from the cornerstone at the previous City Hall at 1380 Frost Avenue in February, 1997. It was damaged during the removal so it was opened and its contents were inventoried and announced at the 50th anniversary celebration at the Community Center. The plan was to have it re- sealed and placed with a new capsule, both to be opened in 2057, the City's 100th anniversary. Since that time, there were several announcements during HPC meetings inviting residents, businesses and organizations to provide historical items, stories, member lists, etc., to be placed in the new time capsule. The two capsules would then be presented to the City Council for placement in a secure location at the current City Hall until 2057. RECOMMENDATION It is recommended that the City Council approve the attached proclamation (drafted by the Historical Preservation Commission) and officially seal the time capsule. The sealed time capsule will be reopened in 2057. Attachment: Official Time Capsule Proclamation P: HPC proclamation2009 cc Packet Page Number 23 of 127 OFFICIAL TIME CAPSULE PROCLAMATION Whereas: The City of Maplewood, having been incorporated in 1957, and having been originally founded as New Canada and McLean Townships in 1858; Whereas: The City of Maplewood, having significant historical assets, including the Bruentrup Heritage Farm, the Ramsey County Poor Farm, the Forest Lawn Cemetery Mausoleum, numerous artifacts, sites of archeological interest, open spaces, and documented personal historical accounts; Whereas: The Historical Preservation Commission, with the assistance of Maplewood City staff and volunteers , businesses, citizens, and the Maplewood Area Historical Society, having gathered documents, brochures, personal historical accounts, and a vast amount of items, that strongly provide a glimpse into our City's past and the present; Whereas: The Time Capsule will be opened in 2057, our City's 100 Anniversary; Whereas: The Time Capsule being complete, and ready for sealing; Now, therefore, be it known: That the Maplewood City Council officially recognizes the sealing of the time capsule, on this day, Monday, August 24, 2009. Diana Longrie, Mayor Karen Guilfoile, City Clerk City of Maplewood, Minnesota Packet Page Number 24 of 127 Agenda Item K1 AGENDA REPORT TO: City Manager, Jim Antonen FROM: H. Alan Kantrud, City Attorney; Steve Lukin, Fire Chief SUBJECT: Consider First Reading of Recreational Fire Ordinance DATE: August 17, 2009 INTRODUCTION The City Council directed staff to integrate and streamline the current language regarding recreational fires. Aspects of state law were not reflected in the existing language as written in § 20 -38 of the Code. DISCUSSION The City Council discussed this matter and wanted the City's Ordinance to be at least as restrictive as the State law is. The new language is in concert with the State law, and references to those laws and the state fire code are included in the new language. Additionally, it was requested that the City provide for `permitting' of such fires. Highlighted changes include a greater distance from structures (25' from 20'), the removal of combustible materials such as "coal" and added other restricted /improper combustibles such as plastic, treated lumber and construction debris. We are now requiring full supervision of recreational fires until they are burned -out or completely extinguished /doused. We have also added a "wind" restriction of 15 mph and a "good neighbor" section per council direction. A copy of the current code and proposed code are both attached to this report for review and comparison. Staff is suggesting that the permit essentially be a copy of the Ordinance, printed and available for law enforcement upon demand if police are called out for any reason related to the fire. The theory at work here is that if a recreational fire user takes the time to print the ordinance, they will have read it and be able to comply with its requirements, and be responsible /liable for violations of it (due to the presumption that if they print it, they read it). RECOMMENDATION Staff recommends adoption of the language presented here. Please consider this matter and conduct first reading of this new ordinance, and if appropriate, waive second reading. Attachments: A) Section 20 -38 of the current Code B) Proposed Ordinance Packet Page Number 25 of 127 JOBNAME: No Job Name PAGE: 360 SESS: 2 OUTPUT: Toe Apr 8 12:31:10 2003 , § 20-37 MAPLEWOOD CODE structure in this manner shall be done only under supervision and control of the designated fire department officer and pursuant to a permit issued by the fire chief. A charge may be made for this service, and the money so received by the fire department shall be used to defray expenses of the department. (Code 1982, § 12-27) (a) No person shall kindle, ignite, set or start any outdoor fire in the city, not contained in a city-approved incinerator, at any time, unless authorized by the issuance of a permit as provided in this article. (c) The owner of any property upon which a fire is started or originally ignited, in violation of this section, shall be responsible therefor and shall be subject to penalties provided in this chapter, unless such owner can adduce proof that such fire was started by a stranger or trespasser. (Code 1982, § 12-28) Tflmffloa��� It shall be unlawful in the city for any person to bum or attempt to burn refuse, leaves, wastepaper, garbage or other combustible materials. (Code 1982, § 12-30) No fire shall ever be started by any person on the surface of any bituminous, asphalt or oil-treated roadway in the city at any time, (Code 1982, § 12-32) Sees. 20-41-20-65. Reserved. Sec. 20-66. Adoption of National Fire Codes. There is hereby adopted by the city, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, all of those certain codes, Agenda Item K1 Attachment 1 Packet Page Number 26 of 127 Agenda Item K1 Attachment 2 Section 20-38. Permits required for outdoor fires. (a) . No person shall kindle, ignite, set or start any outdoor fire in the City, not contained in a city-approved incinerator, at any time, unless authorized by the issuance of a permit as provided for by the Department of Natural Resources for, "open burning." (b) . City Authorization for Camp/Recreational Fire. Campfires and so-called "recreational" fires are defined by Minnesota Statute, § 88.171, as those that are no larger than 3 feet in diameter and 3 feet in height and used for pleasure, religious, ceremonial, cooking, warmth, or similar purposes and are specifically authorized under this article subject to the rules and restrictions as hereinafter written. Recreational fires should not be lit or maintained if the smoke therefrom unreasonably causes discomfort or a negative impact to neighboring properties. If a complaint is lodged and verified by a peace officer or fire fighter and in their opinion is creating a nuisance situation, the operator may be called upon to extinguish the fire immediately until conditions change or improve. A permit is required for all recreational fires. The permit is a copy of the Maplewood Code Section 20-38 regarding recreational fires. The permit must be on hand while burning a recreational fire and available if asked for by a firefighter or police officer. A copy of the recreational fire code section (§ 20-38) is available online at www.ci.maplewood.mn.us or you can obtain one at the Maplewood City Hall. The following are the minimum requirements for camp/recreational fires as defined above: 1. A recreational fire shall be limited to one (1) location per property parcel/address at a time. 2. Recreational fires must be at least 25 feet from all buildings or combustible materials. Combustible materials are things such as wood, paper and plastics [MFSC (07) Section 307.4.2]. 3. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition [MSFC (07) Section 307.4.2] Packet Page Number 27 of 127 Agenda Item K1 Attachment 2 4. Recreational fires must be constantly attended by an adult until the fire burns out completely or is extinguished [MSFC (07) Section 307.5]. 5. A minimum of one portable fire extinguisher complying with [MSFC (07) Section 906] with a minimum 4 -A rating or other approved on -site fire extinguishing equipment, such dirt, sand, or garden hose shall be readily available at all times until the fire is extinguished. Examples of other approved fire extinguishing equipment would be a charged garden hose, dirt, or sand (and a means of applying it) [MSFC (07) Section 307.5]. 6. The only materials permitted in a recreational fire are wood from trees, small branches or charcoal. 7. No person shall conduct, cause, or permit burning of rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke including, but not limited to, tires, railroad ties, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint, or paint filters, construction debris, garbage, or waste materials. 8. Recreational fires must be immediately extinguished if they pose a fire safety' risk, if they are not in compliance with the above, or when directed to do so by a police officer, firefighter, fire warden, or DNR officer [MSFC (07) Section 307.3]. 9. Recreational fires are only allowed from 2 :00 p.m. until 11:00 p.m. with winds less than 15 mph unless written permission for an exception is received from the fire chief or fire marshal. (c) . The owner of any property upon which a fire is started or originally ignited, in violation of this section, shall be responsible therefore and shall be subject to penalties provided in this chapter, unless such owner can adduce proof that such fire was started by a stranger or trespasser. (Repeals and replaces Ord. 838; Code § 20 -38, 5/27/03) Packet Page Number 28 of 127 Item K -2 MEMORANDUM DATE: 18 August 2009 TO; James Antonen & City Council FROM: H. Alan Kantrud, City Attorney RE: COMMISSION HANDBOOK INTRODUCTION On April b, 2009 a Council Manager Workshop was held and the concept of a Commission Handbook was presented to Council for review. Comment was taken and Council directed staff to prepare a draft Handbook, incorporating its comments. A draft Handbook was created and presented to Council for review and several changes were again recommended. The document is now back before you in a more finalized form, with additional references to state law as well as a fully functional table of contents. Council passed a near -final version of the handbook on July 27, 2009 and asked that the document come back one last time for final approval. DISCUSSION The changes requested have been made, including removal of references to term limits, absences, multiple commission membership and maintaining the removal authority of the Council of members. Also integrated are the requirements and terms of the various Commissions. RECOMMENDATION Please review this final draft and recommend any changes at this time or accept the final form by simple motion for approval, since formal adoption was done in July. Packet Page Number 29 of 127 Agenda Item K2 Attachment CITY OF MAPLEWOOD COMMISSION HANDBOOK Packet Page Number 30 of 127 Agenda Item K2 Attachment Table of Contents RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD ADOPTING A COMMISSION HANDBOOK AND AMENDING THE COMMISSION POLICY GUIDELINES ........................3 Chapter 1: Introduction & Overl iew ................... ..............................4 Purpose of Maplewood Commission Handbook .......... 4 Orientation of New Members.. ... ... __ ....... ....... ... 4 The Function of City Commissions ............................... 4 Putting Boards, Commissions, and Committees Into Context.. . ... 5 CityCouncil ............................... ..............................5 Boards, Commissions, Committees ........................5 Oath of Office ................................. ............................... 5 Boards and Commissions and Membership Requirements .................................. ............................... 6 Planning Commission ................ ..............................6 Parks Commission ................... ............................... 6 Environmental and Natural Resources Commission6 Housing and Redevelopment Authority ...................6 Community Design Review Board.. ................... Historical Preservation Commission ........................6 Police Civil Service Commission ............................7 Business & Economic Development Commission. .7 Other Committees and Task Forces .........................7 Description of City Departments and Divisions ............ 7 CityManager... ....... ....... ....... ....... ....... ....... ........ 7 Citizen Services /City Clerk ...... ..............................7 City Attorneys ................... ..............................8 Human Resources .................................................... 8 Information Technology ............. ..............................8 Finance ..................................... ............................... 8 Fire ............................................. ..............................8 Community Development and Parks .......................8 Police ....... ....... ....... ............. ............................... 9 Public Works ........................... ..............................9 History of the City of Maplewood .. ............................... 9 Chapter 2: The Advisory Role ............................... .............................11 Role of the Chairperson and Vice Chairperson............ ll Responsibilities of Individual Members ......................12 Staff Liaison Responsibilities ....... ............................... 12 Relationship With City Council ...... .............................12 Council Relationship With Advisory Bodies ...............13 Term of Office. ....... ....... ....... ....... _........................... 13 Signing Commission Documents/Communications .... 13 Chapter 3: Commission Meetings ......................... .............................14 Agenda ........................................... .............................14 Placing Items on the Agenda... . ....... ...... ___ ... . ..14 Minutes ........................................... .............................14 16 Correction to Minutes ......................................... ... 14 Special Meetings ............................. .............................14 Text of the Open Meeting Law... . ....... ....... ....... ....... Televised Meetings ....................... ............................... 14 Joint Meetings with the City Council ..........................15 17 Subcommittees ............................. ............................... 15 Chapter 4: Parliamentary Procedure ................... .............................16 SampleAgenda ............................. ............................... Quorum_... ........ ... 16 Voting Procedure .......................... ............................... 16 Motions ........................................... .............................16 Text of the Open Meeting Law... . ....... ....... ....... ....... Legal Issues. _ _ _.. _ ....................... ............................... 17 The Open Meeting Law .......... ............................... 17 Conflict of Interest .................... .............................18 Official Conflict of Interest (LMC Information Memo) Other Legal Issues .................. ............................... 18 Frequently -Asked Legal Questions ........................18 22 Chapter 5 Helpful Advice ..................................... .............................20 SampleAgenda ............................. ............................... Criteria for Effectiveness .............. ............................... 20 Special Tips for New Conuuissioners ..........................20 Rosenberg's Rules of Order .......... ............................... Working with City Staff ................. .............................20 Text of the Open Meeting Law... . ....... ....... ....... ....... Dealing with the Media________ ............................... 21 Chapter 6: Information Brief) ........................... .............................25 Commission Policy Guidelines ........... .............................22 Official Conflict of Interest (LMC Information Memo) Recruitment Policy ....................... ............................... 22 Appointments . ....... ....... ....... ....... ....... ................... 22 Role of Commissions. ... ... _22 Appointment of Chair and Vice Chair ......................... 22 Responsibilities of Commission Members ..................22 Quorum ... ......... ............................. ............................... 23 Qualifications ............................... ............................... 23 Decorum and Order ............................................... ...... 23 Public Hearings ............................... .............................23 Special Meetings ............................. .............................24 Communication with the City Council .l. ....................... 24 City Council Relationship with City Commissions/Boards. . ... ....... ....... ....... ....... ....... 24 Communication with Other Agencies and Groups ....... 24 Role of the Staff Liaison ................. .............................24 Appendix ........................................... ............................... 25 SampleAgenda ............................. ............................... 25 Sample Minutes ............................ ............................... 25 Rosenberg's Rules of Order .......... ............................... 25 Text of the Open Meeting Law... . ....... ....... ....... ....... . 25 Minnesota Open Meeting Law (House Research Information Brief) ........................... .............................25 Official Conflict of Interest (LMC Information Memo) ...................................................... ............................... 25 ON Packet Page Number 31 of 127 Agenda Item K2 Attachment RESOLUTION NO. 09- , SERIES 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD ADOPTING A COMMISSION HANDBOOK AND AMENDING THE COMMISSION POLICY GUIDELINES WHEREAS, the City Council utilizes commissions to serve in an advisory capacity and provide in -depth review and consideration on subject matters within their jurisdictions; and WHEREAS, city commissions are appointed by the City Council and serve as legislative bodies for the city of Maplewood, which must be governed appropriately as befitting their public nature; and WHEREAS, the City Council amended the Commission Policy Guidelines on . and WHEREAS, there was a need to update and provide current information; and WHEREAS, a Commission Handbook was written to provide general information, rules, policies, and state statutes for commission members. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby adopts the Commission Handbook as its amended Commission Policy Guidelines. PASSED AND ADOPTED by the Maplewood City Council on this day of July, 2009, by the following vote: :NONE /s/ Mayor ATTEST: /s/ City Clerk 3 Packet Page Number 32 of 127 Agenda Item K2 Attachment Chapter 1: Introduction & Overview Boards, commissions and committees (referred to collectively as "city commissions ") have a critical role in the city of Maplewood. As a commissioner, you serve as a conduit for citizen input — a way of gathering, analyzing and recommending options to the City Council, which has the final responsibility for making policy decisions. City staff provides professional and technical expertise. Commissions provide another important avenue for determining the community's feelings about an issue. The individuals who serve on the city's commissions are among the most respected and appreciated volunteers in the community. Purpose of Maplewood Commission Handbook Minnesota law gives city councils the power to create advisory commissions and appoint their members.' The City of Maplewood prepared this commission handbook to assist commissioners by outlining accepted practices and clarifying expectations. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide commissioners in their actions. This commission handbook provides a summary of important aspects of commission activities. However, it cannot incorporate all material and information necessary for undertaking the business of commissions. Many other laws, plans and documents exist which bind the commissioners to certain courses of action and practices, most notably those requirements imposed by State statute on groups like the Planning Commission and the Police Civil Service Commission and the Maplewood City Code. As a policy and practical matter, wherever a conflict between the City's policies herein and the requirements under state law may be found, the State's position shall prevail. Orientation of New Members It is important that new members of commissions gain an understanding of the full range of services and programs provided by the city. Staff liaisons will provide new commission members with the opportunity to tour city facilities and provide background information on issues facing the commission, and provide basic skills training rcgardina meetings. policy. procedure and duties The Function of City Commissions Here is a brief summary of how city commissions serve the democratic process in the city of Maplewood: • Hold public meetings and use other means to determine what the community thinks about issues; • Recommend policies and procedures related to their respective fields to the City Council; • Serve as intermediary between the public, city staff and the City Council by providing information, explanation, and support for different points of view, • In specific instances, such as the Planning and Police Civil Service Commissions, make critical determinations pursuant to State Statute; • Make non - binding recommendations on issues, applications, and other policy matters as directed by the Maplewood City Council or required by law. Minn. Stat. 4Ifi 2.111 gives statutory cities the authority to create advisory boards in general, "as deemed necessary for the proper management and operation of city affairs." 2 Minn. Star. § 462.354 3 Minn. Stat. $ 419 El Packet Page Number 33 of 127 Agenda Item K2 Attachment Putting Boards, Commissions and Committees Into Context The city of Maplewood is a statutory "Optional Plan B "' city, incorporated in 1957. Maplewood uses a Council - Manager form of government. The City Council serves as the legislative body, sets policies and procedures, and represents the citizens of Maplewood. The City Manager, who serves at the will of the City Council, carries out the Council's direction and is the chief administrative officer for the city. City Council The Maplewood City Council, the governing body of the city, is made up of four councilmembers and a mayor. These officials are chosen through non - partisan elections and serve "at large," representing the whole city. The City Council is accountable to the citizens it serves. City elections are held in odd-numbered years. Depending on the number of candidates who file, there may be a primary in September as well as the general election in November. Councilmembers and the mayor serve four -year terms. Two council members and the Mayor are elected in one election and two council members in the next election. The City Council formulates policy, approves programs, appropriates funds, and establishes local taxes and assessments. Decisions of the City Council are reached by a majority vote, unless a greater majority is required by law. The City Council enacts local laws (ordinances) and regulations for governing of the city. The local ordinances adopted by the City Council are compiled in the municipal code. Other City Council directives and policies are recorded in resolutions or council minutes. The Maplewood City Council holds regular meetings on the second and fourth Monday of each month, at 6:30 p.m. in the Council Chambers at City Hall! Copies of the agenda are available 72 hours before the meetings at the City Clerk's office, plus various other locations and on the City's Website, www.ci.rnUlcwood.mn.us City Council agendas may be emailed to individuals by subscription. City Council and commission agendas with staff reports attached can also be viewed on the city web page. Boards, Commissions, Committees The City of Maplewood currently has seven active advisory groups categorized as boards and commissions (referred to collectively as "City Commissions "). The Council has also from time to time appointed task forces and ad hoc committees for specific issues and determined lengths of time. Each has a specific focus and serves to make recommendations to the City Council on issues related to that specific field. Members of commissions are volunteers who are appointed by the City Council and serve at the pleasure of the City Council. Commissioners must be residents of the city of Maplewood. Council may, under very special circumstances and unless prohibited by State law or City ordinance, determine that a person living outside the Maplewood city limits may be appointed to a board or commission because that person's expertise would enhance a particular commission. City Council may also decide to appoint ex- officio members without voting privileges. A member of the commission should be knowledgeable and experienced in the areas of interest of the board/commission on which he /she wishes to serve. Membership should be based on willingness to be objective, open - minded to seek solutions and promote harmony in the community. In some cases membership selection is based on specific educational or professional criteria as called out by City Ordinance. The City Council reviews applications, conducts interviews for positions on the various Commissions, and ultimately selects the members. Oath of Office Pursuant to State Statute, § 358.05 all elected or appointed officials must swear an oath of office prior to conducting or participating in any business of the commission or board. A signed copy of the oath is filed with the office of the City Clerk.' 4 Statutory cities are covered by Chapter 412 of Minnesota Statutes. 5 See the current City of Maplewood Rules of Procedure for City Council and Council Meetings for additional information about council meetings and policies. 5 Packet Page Number 34 of 127 Agenda Item K2 Attachment The Oath of Office is as follows: I, [name], do solemnly swear that I will support the Constitution of the United States and of the State of Minnesota and faithfully discharge the duties of the office of [name of office] in the City of Maplewood, in the County of Ramsey and the State of Minnesota, to the best of my judgment and ability. So help me God. Boards and Commissions and Membership Requirements This list briefly describes each city commission. All commissions are subject to the state conflict of interest rules and must refrain from participating on matters in which the commissioner has an economic interest or other disqualifying interest, such as personal, familial relationships.' Planning Commission The Planning Commission has nine members and is the City of Maplewood's planning agency.' Members are cittzens and cannot be elected officials. Its duties are to prepare and recommend a comprehensive plan for the development of the city and to review zoning and land use matters like comprehensive plan amendments, rezoning requests, zoning variances, property subdivisions, right -of -way vacations, conditional use permits, and home occupation requests. Parks Commission The Maplewood Parks and Recreation Commission is a nine - member, volunteer advisory board consisting of Maplewood residents committed to promoting parks and recreation issues. Commission members serve three -year teens. The commission provides recommendations to the city council on all issues of park acquisition, development, open space, trails, and leisure programs. The Parks and Recreation Commission works closely with city staff to address the mission of the department, which is to provide a community environment for all citizens to participate in and enjoy cultural and recreational activities on an equitable basis. Environmental and Natural Resources Commission The Environmental & Natural Resources Commission consists of seven residents who serve three -year terms. The commission's purpose is to protect, preserve.,, and enhance the environment of the City of Maplewood. To accomplish this purpose, the commission engages in a variety of activities, from recommending ordinances to preserve and enhance the city's environmental assets, to developing educational programs, to developing and prompt the use of "sustainable practices" for city policies and procedures. Housing and Redevelopment Authority The Maplewood Housing and Redevelopment Authority (HRA)' is a five - member advisory committee that reviews housing matters and policies for the city. Authority= members serve Five -year terms. Topics the HRA reviews for the city council include proposed housing related code changes or ordinance amendments, possible changes to the housing chapter of the Maplewood Comprehensive Plan ... and senior or subsidized housing development proposals. Community Design Review Board The Maplewood Community Design Review Board (CDRB) has five members each serving -mod ....... ......... ......... The CDRB reviews building design, site plans, and landscape for proposed multi - family, commercial... and industrial development in Maplewood. The CDRB's goal is to approve attractive developments in architectural design, the use of proper landscape materials., and a functional and attractive layout. 6 Minn. Stat. $ 358.11 7 To learn more, refer to the Lea-tie of Minnesota Cities' information memo, O(Lici al Conlia o Interest 8 Minn. Stat. § 462.354 9 Note that Maplewood's HR.4 is established as an advisory body, not an HRA as defined by Minn. Stat. § 469.03. Packet Page Number 35 of 127 Agenda Item K2 Attachment Historical Preservation Commission The Historic Preservation Comnissiom is a seven member Commission wat created W help the city of Maplewood with its overall historic preservation goals. one Coninussiolier should be a member of the R Historical So 17, 11 Commission members serve These goals include supporting the protection of the City's bnd\ugo by preserving, protujiog, conserving, and wisely using the significant historical, cultural, orobitecuoui or archeological objects, structures, bui{dingy, in the City. The City encourages broad citizen participation in historic preservation activities and has worked on suchpnjeds as the Bnzcotrup Farm preservation project. The Historic Preservation Commission also works closely with the Maplewood Area Historical Society. Police Civil Service Commission The Police Civil Service Couuuissiouis u tbn:c'ozoozbcr group responsible for overseeing selection processes for sworn officers and uohog as u bcudug body for discipline and discharge issues for the Maplewood Police Department iu accordance with Chapter 4L9ofthe Minnesota State Statutes. The Commissioners are uorom)h/ appointed to three-year terms by the City Council and volunteer their services as interested residents. The City has a full-time Human Resource Representative that serves as a staff liaison for the Conunission. The Cornmission decides which of several types of tests to use for sworn positions, the weighting of the exam components, and the minimum qualifications. They also certify names to the City Manager from eligibility lists and review and approve background investigations for police officer candidates. The Police Civil 8cnicc Coonzdaniou is not u civilian review board. They do not take complaints from the public nor dothey review ov conduct internal investigations. They do not direct or oversee police operations nor do they have bUpn| into the Police Department budget. They have no bno|vmnnou in compensation ovbenefits for the officers. The Economic Develop and is charged with carrying out economic and industrial development and re-development Nv i t hi ll tbe City and Other Committees and Task Forces There are city conunittecs and task forces that are created by the Council from time m time Wlook atuspecific isauc In addition, the city participates on boards, coouuisskmn and c0000iuccs that have been established by regional agencies or organizations W discuss issues involving the county, schools, local businesses, etc. For u list o[ City of Maplewood comoduce/ugeucy memberships, contact the . Description of City Departments and Divisions —_,'_--'-°_ The City Manager is the chief executive officer and the head of the administrative branch of the city government. The City Manager implements policies and procedures initiated \y the City Council, prepares and administers the municipal budget, advises the C0000d of future fi000ciuJ needs of the city, inidon:o and supervises business relationships, and directs the daily operations of city government. The City Manager is rcapouyOb|c for all city personnel, except the City Attorney. 7 Packet Page Number 36 of 127 Agenda Item K2 Attachment Citizen ServiceslCity Clerk The City Clerk is an appointed position responsible for the recording, writing and maintaining of the records of City Council proceedings. The City Clerk conducts municipal elections through coordination with Ramsey County Elections. Citizen Services is responsible for issuing and processing city business licenses and permits and _ r: a full motor vehicle processing division including a Federal Passport Acceptance Agency. The Citizen Services Director is responsible for the Marketing Division which serves to foster community awareness of city events and recreation programs through marketing avenues and creates a monthly city newsletter as a means of building a strong sense of conummity. Citizen Services Director is also responsible for operating and maintaining a variety of services and facilities related to recreation including the Maplewood Community Center, community gyms, and local beaches. The recreation division and the Community Center provide a variety of leisure time and activities and recreational programs year - round for all ages in the northeast metropolitan area and to Maplewood residents alike. City Attorneys The City Attorneys are appointed by the City Council. The City Attorneys advise the City Council and city officers (in their official capacity) in legal matters, attend all Council meetings as appropriate, and represent the city in legal actions and proceedings. The City Attorney and members of the City Attorney's office maintain an attorney - client relationship with the city, its officers, agents, and employees, so their official communications are protected as confidential pursuant to the attorney - client privilege. The City Attorney rarely attends commission meetings but may provide counsel to staff when legal issues arise on commission matters. Human Resources Human Resources is responsible for labor and employee relations, position profiles, recruitment and selection, classification and compensation, employee training, pay equity, personnel policies and employment law, contract negotiations and administration, employee benefits, worker's compensation, grievances and discipline, performance appraisal, safety, and oversight of payroll issues related to union agreements and personnel policies. Information Technology The primary goal of the IT .° xepartment is to provide the most effective technology services and support possible to the City of Maplewood staff, City Council, ,vommissions, " ~�oards and citizens. The I ;, epartment manages the City website, security systems, phone system, mobile technologies, televising of City meetings, GIS. and all City applications and workstations. All of these systems run over the City's network which the IT department also oversees. Finance The Finance Department supports all other departments by providing financial x x x x accounting and treasury services. There are three documents prepared by the Finance Department for the benefit of Maplewood citizens as well as other interested parties including the State Auditors Office and bond rating agencies: the Comprehensive Annual Financial Report, the Budget, and the Capital Improvement Plan Fire Maplewood Fire is a combination paid- per -call and full -time department. There are 78 paid- per -call firefighters that respond from their homes to answer approximately 3,800 medical, fire., and rescue calls per year. There are five stations with an average of 15 firefighters per station. There are also 14 full -time firefighters. Administration of the Fire Department is located at Station Two, 1955 Clarence Street. Community Development and Parks The Community Development and Parks Department is comprised of five divisions: Planning, Building Inspections, Health, Environmental and Natural Resources_, and Parks. A Packet Page Number 37 of 127 Agenda Item K2 Attachment • The Planning Division champions the values of our community by guiding development and protecting the environment through studies and zoning controls. The City of Maplewood planning division is primarily responsible for the review and management of new developments, subdivisions and redevelopment. The division also coordinates the preparation of the city's comprehensive plan. • The Building Inspection Division reviews plans, issues permits, and conducts inspections under the requirements and guidelines of the State Building Code. • The Environmental Health Officer is responsible for conducting inspections of the restaurants, lodging facilities. and public pools located within the City of Maplewood. • The Environmental and Natural Resources Division works to protect the environmental features of Maplewood. This includes natural areas, trees, surface waters, waste, and the built environment. It also includes stormwater management- related activities such as development plan review, construction site inspection, management of surface water and inspection, evaluation, and maintenance of outfalls and ponds. • The Parks Division strives to provide a community environment for all citizens to participate in and enjoy cultural and recreational activities on an equitable basis. The Community Development and Parks Department serves as primary staff to the Planning Commission, Community Design Review Board, Housing Redevelopment Authority, Historical Preservation Commission, Environmental and Natural Resources Commission. and Parks and Recreation Commission. Police The mission of the Maplewood Police Department is to work, in partnership with its citizens, to solve problems relating to crime and the fear of crime, with an emphasis on meeting community needs. These services are also provided to the City of Landfall on a contractual basis. The Department provides paramedic services in partnership with the Maplewood Fire Department. It has an authorized strength of 55 swum officers and has a total of 62 full -time dedicated employees who are available to provide professional community - oriented police services 24 hours a day. Public Works The Public Works Department provides coordination of the services afforded by five groups: Engineering, Street, Utility, Park Maintenance and VehiclelFleet Management. These divisions are responsible for the design, operation and maintenance of most city roadways, sanitary sewer systems, and storm water systems. History of the City of Maplewood The recorded history of Maplewood goes back about 150 years. Before settlers arrived, the land in Maplewood was inhabited by the Dakota Indians. The landscape was a mix of scrub oak and prairie, with many marshes and lakes. In 1850, a group of families ventured out from St. Paul along an old Indian trail which is now Hazelwood Street. They were the Bells, Caseys, Conlins, and Vincents. At today's County Road C they turned to the east and began to build their log cabins. The sound of their axes alerted the nearby Dakota who quickly surrounded the homesteaders. The Dakota asked them to leave and the newcomers quickly retraced their steps. The settlers made repeated attempts to claim the land they had bought for 2 dollars an acre. But again and again they were driven back. Finally, in 1853, they found that the Ojibway had pushed the Dakota out of the area. The Ojibway just wanted to hunt on the land and they didn't mind the clearing of trees. At about this same time southern Maplewood was being settled as well. In 1852, Thomas Carver began farming to the west of Carver Lake. This area, the south leg of Maplewood, later became McLean township. Northern Maplewood was included in the township of New Canada -1t when it was formed in 1858. The first organized transportation in this area was a stagecoach line that was along present .day Edgerton Street. This line began in 1856, and it cost 10 dollars for the trip from St. Paul to Duluth. This stagecoach line remained in service until the first railroad was built to Duluth in 1870. This was the Lake Superior and Mississippi Railroad and followed the Vento Trail. By the 1880's the line was owned by the St. Paul and Duluth Railroad. This owner would play a big part in Maplewood's development. In 1886, the Wisconsin Central Railroad built a line that intersected with the St. Paul and Duluth Railroad. A townsite was planned at the junction of these two railroads that was 9 Packet Page Number 38 of 127 Agenda Item K2 Attachment predicted to "rival St. Paul." William and Mary Dawson platted out a town and decided to name the place "Gladstone" after William Gladstone, a popular British statesman of the time. Dawson planned to relocate his plow work business there and was able to entice the St. Paul and Duluth Railroad to put its shops in Gladstone. For a time, the little village prospered. In the 1894's the town employed 1,000 workers. It had a post office, a hotel, at least two saloons, a brothel,,, and a population of about 150. Gladstone suffered a series of misfortunes that was its demise. First, a fire destroyed the aow ©rks. Then the founder of the town, William Dawson, filed for bankruptcy. The last straw was when the railroad shut down the shops sometime around 1917. Gladstone became a ghost town with many people leaving or burning their houses for insurance. Trains still remained an everyday sight in Gladstone for many years after. The depot stayed in service through the 1950's but the railroad changed the name to Gloster in 1910 to avoid confusion with Gladstone,_ Michigan. The people who stayed behind were the farmers. Truck farming was the main business in the areas adjacent to St. Paul through much of the first half of this century. The farmers were the local government for many years. In 1878, a town hall was built for New Canada along the north shore of Lake Phalen and was moved to Gladstone in 1900. Annual meetings were a big event and the little building was packed with people. By the early 1950.'-s the old building was run down. The town decided to have its meetings in a room in the back of the Gladstone Fire Building. After World War II, the housing boom began in New Canada Township. Veterans could receive discounts on new homes and developments began around Wakefield Lake. Residents wanted improved services like sewer, water, and better roads. These items were the subject of debate at the township meetings. In 1953, Little Canada broke away from the township and became a city. Many new people were hired to replace the empty spots on the town board. These were the people who set the wheels in motion for the City of Maplewood. Not only was the population of New Canada increasing, industry also had interest in the area. 3M was looking for expansion and bought a large chunk of land in the southern leg. This land was outside of the city limits of St. Paul. Rumors began that St. Paul wanted to annex the area where 3M was going to be. An offer was made to the New Canada Township to swap a connection to St. Paul's sewer and water to add the 3M land to the city limits. The township didn't like this idea and decided that the best action was to form a city on its own. On February 26, 1957 the vote was 5 to 1 in favor of becoming a village. Waldo Luebben was the first mayor and many of the former New Canada Township board members became village officials. Ed O'Mara was one of the persons who suggested the name "Maplewood." Warren Berger went out to his backyard and traced a maple leaf and that became the village logo. Maplewood had a population of 14,200 people when it incorporated. For a few years, life in Maplewood was much like that of the former township. The village operated out of the same building attached to the Gladstone Fire Building. The township constables slowly evolved into the Maplewood Police Department. Len Pepin became a constable in 1954, and was later Maplewood's first 'Chief of J :olice. Fire protection for the Village of Maplewood was by the Gladstone, Parkside, and East County Line Fire Departments. These organizations merged into the Maplewood Fire Department in 1997. In the late Saes and early 60°--s the city continued to use buildings in the old Gladstone site. The Police Department had a converted house and the engineering department was in an old barber shop and grocery store. According to legend, work on the new village hall was so slow, Building Inspector Oscar Londin grabbed a shovel and said "I'll do it myself!" The two city hall was built on Frost Avenue in 1965. It only took 20 years to outgrow the new city hall and a new one was built in the woods off County Road B and White Bear Avenue. The Village of Maplewood was changed to the City of Maplewood by the 1970's and adopted the council manager form of government. The Maplewood Mall opened in the early 1970's and became the major center of retail business in Maplewood. In the late jlllrlll 60's and X70 =s there was a Maplewood Fall Festival with parades and a Miss Maplewood pageant. The main event of the city became the 4th of July celebration held at Wakefield Park in the 1970's and 80's and at Hazelwood in the 1990: s. The highlight of each event is the fireworks display. By 1990, 30,954 people lived in Maplewood. The city was rapidly being developed, especially the southern leg. Open space became a concern. The home of the 3M Post -It Note became one of the first cities in Minnesota to buy land and set it aside to remain undeveloped. ius Packet Page Number 39 of 127 Agenda Item K2 Attachment Chapter 2: The Advisory Role Local governments create advisory groups for many different reasons. They are established to: I . Fulfill ocal or state statutes 2. Implement a federal or state grant condition 3. Obtain advice on a specific subject 4. Build a community consensus for a project or program 5. Investigate an activity, problem or event 6. Guide or regulate programs. Standing :_ommittees, ; =.._ommissians, ° =:d hoc committees and task forces are formed for a specific purpose and dissolve after completing their mission. Advisory boards differ in their duties and responsibilities. Many are totally advisory to the elected body. Others are empowered to decide specific issues. Others, such as the Planning Commission, are an integral part of the government structure. If an organization is to function effectively, there must be clarity, understanding, and acceptance of the roles assigned to the elected body, commissions, and staff. Role of the Chairperson and Vice Chairperson Commissions generally appoint the chair and vice chair at set times of the year. Although the appointment is usually for a year, the chair and vice chair serve at the pleasure of the commission. The willingness and ability of an individual to serve as the chair or vice- chair should be taken into consideration. Commissions should try to give all commissioners an opportunity to serve as chair. The responsibility of service as chair or vice chair does take extra time. Responsibilities of the Chair: • Preside at all official meetings of the board, commission, or committee. • Consult with the staff liaison in drafting the meeting agenda. • Attend City Council meetings. as needed to represent the commission, board... or committee with the approval of the commission, board, or committee. • Sign correspondence from the commission with the approval of the City Council. The effective chairperson also, during meetings: • Solicits opinions and positions from reticent commission members. • Protects new thoughts from being rejected prior to fair evaluation. • Discourages blame - orientated statements. • Keeps the discussion focused on the issue. • Builds trust by even handedness and fairness to all the participants. Responsibilities of the Vice Chair: • Substitute for the Chair as needed. M Packet Page Number 40 of 127 Agenda Item K2 Attachment Responsibilities of Individual Members Each member of the city of Maplewood board, commission, or committee agrees to the following responsibilities during his or her term of office: • ... ...... ... .. .. , ... . • Demonstrate respect, kindness, consideration, and courtesy to others. • Prepare in advance of meetings (e.g. read agenda packet carefully prior to the meeting) and be familiar with issues on the agenda. • Be respectful of other people's time. Stay focused and act efficiently during meetings. • Serve as a model of leadership and inspire public confidence in Maplewood government. • Act and speak with honesty and integrity. • Do not speak for the commission unless authorized by the action of the commission • Do not speak for the city unless authorized to do so by action of the City Council. • Encourage inclusiveness and the free flow of opinions and positions. Staff Liaison Responsibilities The City Manager or his/her designee serves as the staff liaison to city boards, commissions, and committees. The staff liaison attends all meetings of the commission, prepares the agenda, acts as technical advisor, and finalizes the minutes for approval by the group at its next meeting. Requests for information or support should be directed to the staff liaison, not directed to other city staff. Commissions do not have any supervisory authority over city employees. The responsibilities of city staff serving as liaisons include: • Provide background and context on a subject. • Alert the commissions of possible detrimental actions. • Offer professional expertise and recommendations about an issue. • Keep the board, commission, or committee focused on priorities. • Interpret codes, ordinances, city policies,, and other regulations. • Ensure that motions and minutes reflect the intent of the commission. • Educate new members about their role and responsibilities. • Encourage members to participate fully on the commission. • Staff will make every effort to respond in a timely and professional manner to requests made by individual commissioners for information and assistance. Requests that require significant staff time should be approved by the City Council or city manager. • Staff response to an individual commissioner will be distributed to all commission members if the liaison believes the material may be of interest. • Staff is assigned to the commission but reports to the City Manager. • Post the agendas and minutes to city bulletin board (agenda only) and website in a timely manner. Relationship With City Council Members of city commissions are sometimes referred to as the "eyes and ears" of the City Council. They serve an important role in extending the reach of the democratic process into the community. Even though the Council relies on the work of city commissions, there should be no confusion about the separate roles of each. 12 Packet Page Number 41 of 127 Agenda Item K2 Attachment In this symbiotic relationship, however, commissioners need to remember they were not appointed to relieve the elected officials of making political decisions. Commissioners should avoid trying to predict actions or votes of elected officials. This does not preclude them from interpreting elected official philosophy. Commission members should also recognize that the elected body's area of concern is much broader and in some cases a commission recommendation will not be followed. Commissioners should not interpret this as a rebuke but rather an inevitable part of the process. Members of commissions should: • Make their decisions based on their judgment and not predict byword or action what City Council will decide. • Think of themselves as advisors rather than decision - makers (except as prescribed by statute). • Remember that the City Council has a broader area of concern and does not always follow commission recommendations. Council Relationship With Advisory Bodies The City Council has determined that Council members should not lobby commissioners for particular votes However, Council members may request that commissioners consider certain issues during their deliberations. Each member of the Council is assigned to serve in a liaison capacity with one or more city commissions. The purpose of the liaison assignment is to facilitate communications between the City Council and the advisory body. The liaison also helps to increase the Council's familiarity with the membership, programs, and issues of the advisory body. In fulfilling their liaison assignment, Council Members may elect to attend commission meetings periodically to observe the activities of the advisory body., or simply maintain communications with the commission chair or staff liaison on a regular basis. Council members are not participating members of the commission, but are there to create a linkage between the City Council and commission. In interacting with commissions, Council members are to reflect the views of the Council as a body. Term of Office Signing Commission Documents /Communications Commissions may be called upon to write letters to citizens, businesses, or other public agencies. Correspondences from the commission must be co- signed by the chair and the mayor. Commissioners from time to time may correspond with citizens in response to inquiries or to provide requested information. In these circumstances, members should clearly indicate within the letter that they are not speaking for the commission, but for themselves as a member of the commission. When a commissioner speaks before a public body, the commissioner needs to inform the agency J speaking for the commission and has been authorized to speak for the 13 Packet Page Number 42 of 127 Term of office on most commissions is 2 or 3 years, although all commissioners serve at the pleasure of the City Council. The terms of commissioners are staggered to provide continuity to the commissions. A term of office officially begins when the new member takes the oath of office v, administered by the Mayor, Manager, City Clerk, or staff liaison. Agenda Item K2 Attachment commission. ` I'.: -. 7rommissioner'.1.,., not speaking in an official capacity .un must explain wi they are speaking for themselves. MAJ Packet Page Number 43 of 127 Agenda Item K2 Attachment Chapter 3: Commission Meetings Agenda An agenda for each meeting of a city commission is prepared by the staff liaison in consultation with the chair. The agenda outlines the topics or items of business that will be introduced, discussed, and acted upon at each meeting. Agendas must be available at the City Clerk's office at least 72 hours prior to the meeting. Placing Items on the Agenda A commissioner may request an item be considered on a future agenda and, upon consensus of a majority of the commission, staff will prepare a staff report if formal commission action is necessary. A member of the public may request an item be placed on a future agenda during public comment or through other communications with commission members, and upon consensus of a majority of the commission, a staff report will be prepared and approved by the City Manager, or his/her designee. Minutes Minutes of each meeting of a city commission are usually recorded by city staff. The minutes serve as a permanent record of the group's actions, testimony,, and opinions and they are forwarded to the City Council as input and background for Council decisions. Generally, a member of a commission making a recommendation will be available to the Council when such input is given. There are three types of minutes — Action Minutes: reflect the motion, the maker and second; Sunnnary Minutes: reflects, the above action plus a brief summary of the discussion; and Detailed Minutes: reflects actions plus a record of the entire discussion. The city of Maplewood requires that all commissions prepare "summary minutes"; however, there may be times when "action minutes" are appropriate. Correction to Minutes It is important for members of city commissions to closely review minutes and make corrections if needed so that the approved minutes accurately reflect the work of the group. Corrections to minutes should be made at the meeting when the minutes are brought forward for adoption. Corrections require a motion, second and a majority vote, and, if approved, are noted in the minutes of the current meeting. Any changes to the draft minutes approved by the commission should be reflected in the minutes for the meeting at which the corrections are made. The final version of the minutes, with the corrections made by the commission..:, should then be retained by the staff liaison and the City Clerk. Special Meetings Special meetings may be called by the chair of the commission and coordinated through the liaison. Written notice must be given to the commissioners, media... and others who have requested notice pursuant to the Open Meeting Law. Special meetings of commissions are discouraged by the City Council. Televised Meetings As part of its franchise agreement with the City of Maplewood, Comcast provides the city with a channel on the local cable television system as a means for providing municipal information to the citizens of Maplewood. By direction of the ;: xu °ity Council, meetings of the City Council, the Planning Commission,, and other standing ommissions are televised on a regular basis. 10 See Mimi. Stat. $ 13D.04 Subd. 2. 15 Packet Page Number 44 of 127 Agenda Item K2 Attachment Joint Meetings with the City Council Occasionally commissions schedule a joint meeting with the City Council. These meetings occur as part of a regularly scheduled City Council meeting and are televised. Subcommittees Commissions may, from time to time, form subcommittees to focus on specific issues and make the work of the group more efficient. Subcommittees are useful when an issue needs to be studied in detail or when outside expertise is needed. The work and recommendations of subcommittees must always come back to the full commission for approval in a public meeting. The subcommittee may not be composed of a quorum of the members of that board, commission, or committee. Subcommittee meetings for continuing or "standing" subcommittees are not considered public meetings for purposes of the Minnesota Open Meeting Lave% However, the City Council generally encourages the practice of giving notice of such meetings and keeping them open to the public as practicable. Subcommittee Guidelines: 1. Clearly define the purpose. 2. Set deadlines for reports and establish sunset provisions. 3. Limit the number of members. 4. Involve all sides of the issue. 5. Appoint a chairperson. 6. Require meeting agendas, minutes, and periodic reports. 7. Enforce sunset provisions. in. Packet Page Number 45 of 127 Agenda Item K2 Attachment Chapter 4: Parliamentary Procedure Maplewood's City Commissions follow Parliamentary procedure is adopted for several purposes • Promote cooperation and harmony so that people can work together more effectively to accomplish their goals. • Guarantee each individual an equal right to propose motions, speak, and ask questions and vote. • Protect the rights of minority points of view and give the minority the same consideration and respect as those in the majority. • Encourage the full and free discussion of every motion presented. • Ensure that the meeting is fair and conducted in good faith. • Make decisions by the democratic method, so that the will of the majority determines the actions of the body. Quorum A quorum is the minimum number of members that must be present for a group to conduct business — a majority of the qualified members of the body. For Quorum purposes, the number of approved, seated:: members is the determinative total, with vacant, unfilled seats not counting towards the quorum number.' Voting Procedure When present, all commissioners are to vote. Failure of a seated commissioner to orally express a vote constitutes an affirmative vote. A conflict of interest shall be declared whenever appropriate and in compliance with state law. 12 The affected commissioner will step down, leave the room., and not participate in the discussion or vote on the item. Commissioners may declare a consensus on an action if there is agreement and no negative votes or objections. Upon request of any commissioner, a roll call vote will be taken and recorded. Tic vote: A tie vote is equivalent to a vote that has failed. The chair may explain the effect of the tie vote for the public. Motions A motion is the way that a group under parliamentary procedure conducts business. There are a number of types of motion, each of which must meet certain requirements before a vote can be taken. A reference guide to motions is provided in chart form in the appendix of this handbook. Steps in making, discussing and voting on a motion: 11 See Minn. Stat. 6§ 45.08(5) 12 See C?ffieial Conflict o Interest from the League of Minnesota Cities. 17 Packet Page Number 46 of 127 Agenda Item K2 Attachment 1. The maker of the motion asks for recognition by the Chairperson. 2. After the individual is recognized, he/she wil to "I move ..." 3. The Chair will ask if there is a second. Another member of the group must second the motion in order for discussion to start on the motion. 4. The Chair then restates the motion "It has been moved and seconded that ..." and opens the floor to discussion. 5. The Chair will recognize members who wish to comment on the motion. Only one motion may be discussed at a time. It is important that all members of the group are clear on what the motion is and what its effect will be. Spirited discussion helps to answer questions and explore different interpretations and/or impacts of the motion. G. At the end of the discussion period the Chair will "call for the questions" and ask how many members vote "Ave" and homer many vote "No" or "Abstain ". Frequently -Asked Procedural Questions Is a majority vote needed in order for a city commission to take action? Yes. All members present are expected to vote on every question presented unless they have a conflict of interest. (See page 19 for more information on conflicts of interest.) An individual; who must resign. due to personal or professional circumstances; shall sltott4d send a letter to the City Council stating the effective date of the resignation. The resigning individual should, as a matter of courtesy, notify chair and �. staff liaison at least bycopy of the letter What is the procedure for resigning from a = Jty f °.ommission? Agenda Item K2 Attachment Legal Issues There are many local, state, and federal laws protecting the democratic process practiced at the municipal level. City commissions must abide by the same regulations as the City Council. There are several egal issues of which members of city commissions should be mindful in fulfilling their roles and responsibilities in municipal government. These are designed to protect fair access of the citizens to their govermnent and due process through the hearing process. The Open Meeting Taw The Open Meeting Law applies to all standing commissions established by the City Council. Whenever a quorum (majority) of the City Council or a commission is discussing city business, it is a meeting as defined by the Open Meeting Law"' Proper advance notice must be given of such meetings, and the meetings must be open to the public. Minnesota law makes commissioners personally liable for intentional violations of the Open Meeting Law. 15 Commis:ioners must be particularly aware of the danger of serial meetings. A `serial' meeting is defined as a situation when members of a city commission individually meet, telephone, email, fax or otherwise communicate among each other or through a common person about a topic that will eventually involve the commitment or action of a quorum. These kinds of meetings are sometimes referred to as "Daisy Chains" and "Hub and Spokes." The problem with serial meetings is that they develop a consensus of the members outside of a public meeting and deprive the public of the right to hear the deliberations and to participate in the decision making at a meaningful time. Members should be cautious about discussing commission business outside of a formal meeting with other commissioners to avoid engaging in a serial meeting. For detailed information on the open meeting law, please refer to the —k .v., . . available from the Research Department of the Minnesota House of Representatives. Conflict of Interest Quite simply, if you have a direct financial interest in the matter under consideration, you have a conflict of interest. If a project under consideration has you, your family, or your company profiting from its approval, it should be a simple conclusion that there is a conflict of interest in supporting or voting for the project (affirmatively). Similarly, a conflict of interest would occur if a commissioner were to vote on a zoning variance for w own property. 13 Minn. Stat. § 13D. 14 Notice requirements are laid out in Minn. Stat_ § 131)-04- 15 Minn. Stat. $ 13D.06 Subd. 1 Iu Packet Page Number 48 of 127 Agenda Item K2 Attachment Whenever a member of a city board, commission, or committee believes that there may be a conflict of interest, n.t. should seek an opinion from the City Attorney. At any time, it is safest to err on the conservative side and to publicly identify the conflict, and follow the rules on disqualification. If a member has a conflict of interest, the member must disqualify himself or herself from participating in the matter. This includes all discussion on the matter as well as the actual vote. The best practice is to step down and leave the meeting while the hatter is under consideration. A copy of the LMC's white paper on Official Conflict of Interest is in the appendix for your consultation as well. Other Legal Issues • Boards, commissions, and committees may not be used for political activities. City commissions may not endorse ballot measures or candidates for public office. However, members of boards, commissions, and committees may use their official title in political activities to identify themselves. Members should be careful to be clear that any statement about a political position represents only their personal view of the issue or candidate., and in no way implies the endorsement of the full group. • Individual members cannot unilaterally represent a board, commission, or committee. An individual member of a commission cannot take any action or make a statement that purports to represent the entire group, unless that member has been given authority to do so by a majority vote of the commission. • Correspondence by members of commissions (including letters, emails, and other written communications) should not appear to represent the viewpoint of the full group unless the correspondence is for official business of the commission and has been approved by the group and the City Council. Commissions are not permitted to send correspondence outside the city government without approval of the City Council. • Unilateral contacts are discouraged. If a member of a commission meets privately with an individual or entity that has an issue coming before the commission, the member should do so without making voting decisions or commitments. Equal opportunities and due process must be extended to all parties in matters under consideration. Commissioners shall disclose such contacts at the commission meeting when the item is discussed. Frequently -Asked Legal Questions May a member of a city commission choose not to vote? Members of city commissions are expected to participate in all decisions of their commission. There are two primary exceptions — if the member is disqualified because of a conflict of interest... or the member is disqualified because of a fairness issue ;such as absence from all or part of a proceeding,. or personal animosity between the member and an individual appearing before the group''. When a member has a financial conflict of interest, he or she must disclose the nature of the conflict and follow the appropriate procedures as previously outlined in this handbook. In all cases, abstentions should be made to ensure the fair, impartial deliberation process by the board, commission, or committee. If a member of a city commission misses all or part of a meeting in which information is presented, can that member vote on that issue? Absence does not automatically disqualify the member from participating in a vote on an issue. If the member misses all or part of the proceeding in which information about the issue was presented, the member can become familiar with the record of the meeting . such as ......:: minutes, studying staff report:„ or recorded version of the meeting. Packet Page Number 49 of 127 Agenda Item K2 Attachment Who deeides if a member can vote? In order to vote on an issue considered in a previous meeting, a member should state for the record that he/she ha :::_ reviewed either a �: . the minutes, or staff report and considered all portions of the issue. The member determines if he or she can vote. a Packet Page Number 50 of 127 Agenda Item K2 Attachment Chapter 5: Helpful Advice The following information was compiled from individuals who have served or been liaisons on a board, commission. or committee. Criteria for Effectiveness • Understand the purpose of your commission. Be clear on your role and responsibility and how this particular board, commission. or committee fits into the governance of the city of Maplewood. • Prepare for each meeting in advance. Read through the agenda and know what will be discussed at each meeting. Read through staff reports or other background materials, or visit sites, as appropriate. • Bring an open mind to each meeting. You are representing the entire community in your role as a member of a city board, commission, or committee, so it is important to put aside personal opinions and be open to new ideas, information and points of view. • Treat everyone with respect and dignity You are an important part t )_ ..v the democratic process, which guarantees access and fair treatment to all. Your behavior and attitudes are in the spotlight and should reflect the highest standards of the community. Demonstrate patience, show empathy, and remain dignified under stress. • Phrase motions with care. Phrasing a motion can be difficult and corrections may be necessary before it is acted upon. Commissioners may wish to write out motions beforehand or ask staff to prepare a draft for difficult issues. Special Tips for New Commissioners • Attend meetings of the board, commission, or committee before applying for the position. As soon as you are appointed, regularly attend meeting,: w , even before taking office. to become familiar with current issues under discussion. • Read through .:: minutes of previous meetings. • Ask the staff liaison if there are background materials that would be helpful for you to read and study. • Become familiar with the basic rules of parliamentary procedure. • Attend one or two City Council meetings to better understand how the role of the individual board, commission_ or committee fits into the overall governance of the city. • Please be aware that as soon as you are swom in, you are subject to the Open Meeting Law. Working with City Staff • Treat all staff as professionals. Acknowledge the abilities, skills, experience, an.l dignity of every employee of the city of Maplewood. They are choosing to make their living serving your community and should be respected for that choice. Recognize that staff liaisons value their family and personal time. Accordingly, contacting staff during non - working hours is generally discouraged. • Communicate clearly, honestly, and directly. • Build a relationship based on mutual trust and respect. • Don't criticize or embarrass city staff in a public setting. If you have a concern about staff performance, it should be brought privately to the City Manager. • Don't ask city staff to perform tasks or share information outside the role as liaison. 22 Packet Page Number 51 of 127 Agenda Item K2 Attachment Dealing with the Media Most members of city commissions have limited contact with the news media. However, there may be situations in which a member of the media may contact you for comment on an issue. • You do not have to answer media questions just because they are asked. 'No comment" is legal and at times preferable. Refer the media to the city staff or Council member;:, • clear you are speaking as an individual, not on behalf of the commission, the City Council.. or the ....... ity :, If it is a subject that is going to come before your commission it is probably inappropriate to be talking about it to the media. • It's safest to never "go off the record." Most news professionals will honor an agreement to not quote you, but there is potential for embarrassment. Words that are not said cannot be quoted. • Choose words carefully and cautiously. Comments taken out of context can cause problems. Be cautious about humor, sardonic asides, criticism, sarcasm, or word play. 23 Packet Page Number 52 of 127 Agenda Item K2 Attachment Chapter 6: Commission Policy Guidelines Recruitment Policy City of Maplewood will advertise in the local newspaper i cable and n ..c city web page. Applications will be kept on file for a period of two years. Applicants will be contacted to ensure their continued interest before submittal to the City Council for appointments. Application deadlines are established to allow i :,�w_City Council time to review the applications. Applications will be accepted up to 5 p.m. one week prior to appointment by City Council. Appointments All commissions/boards/task forces and committees are appointed by .. Council. Role of Commissions The primary role of - ,:pity of Maplewood commissions is to review and make recommendations to the City Council on matters within the commission's scope of responsibility as set forth in the enabling resolution/ordinance, and to promote increased public awareness, public input., and citizen participation into the determination of city policies. The specific role of a` �,ity of Maplewood commission is that of citizen's advisory "arm" of the City Council, focusing attention on specific planning and program activities of the city. On specific matters referred to them by the City Council, commissions serve as the reviewing body of the city. All recommendations, however, are subject to approval and revision the City Council, except as otherwise provided by law. Appointment of Chair and Vice Chair Commissions/boards will appoint :, chair and vice chair at the first regular meeting in December to take over ;: ; the first meeting in January. Responsibilities of Commission Members To be selected as a city of Maplewood commission member is an honor and provides an unusual opportunity for genuine public service. Although the specific duties of each commission vary widely with the purpose which it was formed, there are certain responsibilities that are common to all commission members. The following is a summary of those responsibilities: (1) Abide by the Minnesota Open Meeting Law :)� ...... . All members have received the full text of the Open Meeting Law. Once a commission member has been f . =: f ;` a commission, must comply with the requirements of the Open Meeting Law. (2) Understand the role and scope of responsibility of the commission on which you serve. Be informed of the individual scope of responsibility and operation: procedures. (3) Represent fairly and fully the majority views of your individual commission. Expression of individual opinions to the public and press after a commission decision has been made should be identified as such. (4) Members should represent the public interest, not that of special interest groups. (5) Good communications — members are in a unique position of serving as a liaison between the city and its citizens, and can help to reconcile contradictory viewpoints and s build. consensus around common goals and objectives. Vil Packet Page Number 53 of 127 Agenda Item K2 Attachment (6) Carefully review your commission meeting agenda prior to each meeting in order to be fully prepared to discuss, evaluate, and act on all matters scheduled for consideration. Conclusions based on thorough investigation will strengthen the value of the commission's recommendation. (7) Supportive relationships with the City Council and city staff are basic :w_ for successful operation of any commission. In contacting city personnel on items of consideration, the proper channel is through the designated staff liaison providing support for your commission. (8) Establish a good working relationship with fellow commission members — respect individual viewpoints, allow other members time to present their views fully before making comments, be open and honest, welcome new members x v :,.strive to minimize political action on issues. (9) Members should not use or involve their commission membership in the conduct of personal political activities, and must be mindful of the conflict of interest requirements. Quorum Business may only take place at special or regular meetings if a quorum of the commission members is present. A quorum constitutes a majority of the voting membership. A meeting shall be canceled by the chair after 15 minutes if a quorum is not obtained, and an alternative date and time scheduled. Qualifications (a) A commission member must be knowledgeable of and experienced in the areas of interest of the commission on which he /she wishes to serve. (b) - Unless otherwise stated by ; .. v Council, terms of office on most commissions are 2 -3 years for regular members. (c) , All must be residents of the City of Maplewood proper; however, exceptions can be made for exceptional circumstances on a case ..by ...,case basis. (d)x No person should serve on more than one commission at a time. However, individuals with special qualifications may be asked to serve on an additional commission. (g) City commissions should reflect the community's diversity. 25 Packet Page Number 54 of 127 (10) When a commission member appears in a non - official, non - representative capacity before any public or private body, the member shall not identify or disclose his/her membership on a commission. If a question of membership arises, the member shall indicate that he/she is speaking only as an individual. Agenda Item K2 Attachment Decorum nd Order Members should accord the utmost courtesy to each other, to city employees, and to the public appearing before the commission, and should refrain at all times from (1) rude and derogatory remarks, (2) questioning the integrity of the speaker, (3) abusive comments, (4) statements about the member's personal feelings about the speaker's motives, and (5) personal attacks. Any member may move to require the chairperson to enforce the commission rules; the affirmative vote of a majority of the commission will require the chairperson to so act. Members of the public attending commission meetings are expected to observe the same rules of order and decorum applicable to members. Any person making impertinent and slanderous remarks, or who becomes boisterous while addressing or while attending the meeting, may be requested to leave the room by the chairperson or staff liaison. Public Hearings Commissions should consult : sr......City Council prior to holding a non - obligatory public hearing especially for controversial issues. Exception Planning Commission is required to hold public hearings on planning issues. Special Meetings Commissions should not schedule special meetings except under extraordinary circumstances. Communication with the City Council Most communication with the City Council will occur through the Council liaison and staff liaison for each commission. Any questions regarding the City Council agenda can be directed to the staff liaison. When a member who is present at a City Council meeting is asked to address the City Council on a matter, the member should represent the viewpoint of the particular commission as a whole (not a personal opinion); any representations made to the City Council are not those of the majority of the commission; must be identified as such. City Council: ?.elationship with City Commissions /Boards Individual Council members may attend meetings and may participate in the commissions' discussions, but x , direct the commissions' discussions or recommendations. Communication with aher gencies and coups If a member of the commission is authorized by the City Council to represent the city before another governmental agency or organization, the commission member should represent fully and fairly the majority position of the City Council. Personal opinions and comments may be expressed only if the commission member clarifies that these statements do not represent the position of the City Council. Role of the Staff Liaison Demand on staff time should be limited to official meetings. The staff liaison role includes orienting and helping train new members, facilitating meetings and hearings, providing necessary documents, providing information regarding rules and regulations, preparing and presenting reports to the commission, and answering any questions that may arise at meetings. The staff liaison is responsible for keeping the commission in compliance with the in terms of properly posting notice and agendas of meetings when necessary. Minutes, after approved by the commission, are forwarded to the City Clerk. The minutes should be a clear and concise statement of the commission actions and resolutions made. There are always exceptions to the policy guidelines and should be considered on individual commission or member basis. Packet Page Number 55 of 127 Agenda Item K2 Attachment Appendix The following documents, relevant to Maplewood boards and commissions, are attached for further infon cation and reference, • Sample Agenda • Sample Minutes • Rosenberg's Rules of Order • Text of the Open Meeting Law • Mim7esota Open Meeting Law (House Research Information Brief) • Official Conflict of Interest (LMC Information Memo) 27 Packet Page Number 56 of 127 Agenda Item K3 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Consider Resolution Calling Public Hearing for Tax Increment Financing Redevelopment District No. 1 -10 for The Shores Project within Gladstone Redevelopment Area DATE: August 19, 2009 INTRODUCTION The City Council has been notified that a potential developer is interested in the Tourist Cabins property and implementing The Shores development concept approved by the City Council in 2007. The developer is represented by a partnership of Albert Miller of the Rand Corporation, Lance Lemieux of Southview Senior Living, and Jack Rajenbach. This development group is establishing a partnership to pursue a phase development of the 2007 project. The developer is proposing to build 110 units of the original 180 unit complex during 2010. The timing of the second phase has not been determined at this time. This item has been placed on the agenda for calling a public hearing to discuss the establishment of a Tax Increment Financing (TIF) district. The developer partnership has submitted a TIF Application, a copy of which is attached. A public hearing is required prior to the consideration of TIF financing. Our financial consultant, Springsted, Inc. has prepared the attached timeline for the consideration of TIF. The analysis of the district and the financial needs of the developer and development are currently being analyzed and a report on the district and the internal rate of return for the development proposal will be presented to the Council prior to the public hearing. DISCUSSION The Gladstone — Phase I improvements were approved without TIF involvement in the project. In 2007, the City Council reviewed a request from Bart Montaneri for TIF funding and Mr. Montaneri paid for a Springsted analysis of his project. Springsted provided an analysis of the internal rate of return for potential investors on that 2007 project and the City Council did not take a vote on the use of TIF funds to be provided for that project and that developer; however, a vote to call a public hearing to discuss the TIF plan failed on a 2 -2 vote. The developer [Mr. Montaneri] was unable to secure financing with that plan and the developer has been foreclosed on his purchase. At the May 28 Council Meeting the Council was provided a letter from the Metropolitan Council that indicates that our grant is tied to a potential development and that if we cannot secure that development such that our grants funds can be expended by the end of 2009, Maplewood will need to forfeit those grant funds of $1.8 million. The staff was recently successful in securing a vote of the Metropolitan Council's Community Development Committee for a one -year extension on that grant; however, no grant funds can be reimbursed to the City until the construction of the building is started. Under one possible scenario [the full TIF analysis is being evaluated]; the developer would receive City support through the use of TIF funds, in exchange for the developer agreeing to assessments. This would allow assistance from the project with the developer receiving either pay -as- you -go TIF to pay assessments and an additional $1.0 million to make the project viable, or possibly some bonding of the TIF to provide project assessment payments. Packet Page Number 57 of 127 GLADSTONE — CALL TIF HEARING PAGE TWO This scenario would provide that the developer would be assessed for $1.5 million of public improvements necessary for the Gladstone Phase I project. The developer could receive up to the entire $1.5 million in TIF reimbursement for these assessments. These funds would help the City to achieve its goals to start the Gladstone redevelopment. In exchange for this agreement, under this scenario, the developer would receive an additional $1.0 million to use for land improvements for the development project. It may also be possible for the Council to expand some of the TIF district to allow some of the funds [potentially up to 20 %] to be used for other City initiatives. The staff continues to discuss this proposal with the potential developer and the financial incentives necessary to meet the Metropolitan Council's grant requirements for the development. The TIF is being considered as incentive funds to the developer to allow the grant funds to be received. The final analysis by Springsted will determine the actual amount of funding available for Council consideration, although the developer has indicated that without TIF funding, they cannot secure financing for their project and they would not proceed. RECOMMENDATION It is recommended that the City Council adopt the attached resolution that calls a Public Hearing for 7:00 pm on October 12, 2009 for the purpose of discussing the Tax Increment Financing District for The Shores Development proposal. Attachments: 1. Resolution 2. Tax Increment Financing Application 3. The Shores Alternative Financing Plan 4. TIF Timeline Packet Page Number 58 of 127 Agenda Item K3 Attachment 1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: August 24, 2009 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on Tuesday, the 24 day of August, 2009 at 7 :00 p.m. for the purpose, in part, of calling a public hearing on the proposed modification of Municipal Development District No. I and the adoption of a Modification to Development Program therefor, the proposed establishment of Tax Increment Financing (Redevelopment) District No. 1 -10 (Lake Phalen Estates Project) within Development District No. 1 and the proposed adoption of the Tax Increment Financing Plan relating thereto. The following members were present: and the following were absent: Member adoption: introduced the following resolution and moved its RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ESTABLISHMENT OF MUNICIPAL DEVELOPMENT DISTRICT NO. 1 AND THE ADOPTION OF A DEVELOPMENT PROGRAM THEREFOR, THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1 -10 WITHIN DEVELOPMENT DISTRICT NO. 1 (LAKE PHALEN ESTATES PROJECT) AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council ") of the City of Maplewood, Minnesota (the "City"), as follows: L Public Hearing This Council shall meet on October 12, 2009, at approximately 7 :00 p.m., to hold a public hearing on the following matters: (a) proposed modification of Municipal Development District No. 1, (b) the adoption of a Modification to Development Program therefore, (c) the proposed establishment of Tax Increment Financing (Redevelopment) District No. 1 -10 (Lake Phalen Estates Project) (the "Tax Increment Financing District ") within Development District No. 1, and (d) the proposed adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the "Act "). 23935o5v1 Packet Page Number 59 of 127 Agenda Item K3 Attachment 1 2. Notice of Hearing Filing of Prouam and Plan The City Manager is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Tax Increment Financing Plan on file in the Manager's Office at City Hall and to make such copies available for inspection by the public. The motion Councilmember voted in favor: for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 2393505v1 2 Packet Page Number 60 of 127 Agenda Item K3 Attachment 1 STATE OF MINNESOTA COUNTY OF RAMSEY ss. 1, the undersigned, being the duly qualified and acting City Manager of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's Tax Increment Financing District. WITNESS my had this day of August, 2009 City Manager 2393505v1 J Packet Page Number 61 of 127 Agenda Item K3 Attachment 1 Exhibit A CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council ") of the City of Maplewood, Ramsey County, Minnesota, will hold a public hearing on Tuesday, October 12, 2009, at 7:00 p.m., at the City Hall, in the City of Maplewood, Minnesota, relating to the proposed modification of Municipal Development District No. I and the adoption of a Modification to Development Program therefor, the proposed establishment of Tax Increment Financing (Redevelopment) District No. 1 -10 (Lake Phalen Estates Project) (the "Tax Increment Financing District ") within Municipal Development District No. I and the proposed adoption of a Tax Increment Financing Plan therefor, pursuant to Minnesota Statutes, Section 469.174 through 469.1799, inclusive, as amended. Copies of the Development Program and Tax Increment Financing Plan as proposed to be adopted will be on file and available for public inspection at the office of the City Manager at City Hall. The property proposed to be included in Development District No. 1 is described in the Development Program on file in the office of the City Manager. The property proposed to be included in the Tax Increment Financing District is described in the Tax Increment Financing Plan on file in the office of the City Manager. A map of Municipal Development District No. 1 and the Tax Increment Financing District is set forth below: [INSERT MAP o, f Municipal Development District No. I and Tax Increment Financing District No. 1-10] All interested persons may appear at the hearing and present their views orally or in writing prior to the hearing. 23935o5v1 Packet Page Number 62 of 127 Agenda Item K3 Attachment 2 APPLICATION AND AGREEMENT FOR TAX-INCREMENT FINANCING Return to: Community Development Dept. City of Maplewood 1830 County Road B East Maplewood, MN 55109 651-249-2300 Fax: 651-249-2319 OFFICE USE Date received: By: Rec.#: APPLICANT Applicant/business name: Contact person: Z� Address: Ae;r gr AeV, Telephone: (Work) — g] (Home) Fax: Interest in the property: wlw yV j did 2. Applicant's legal counsel: em Telephone: Fax: Applicant's architect: Address: Telephone: (Work) Fax: 07/P� 4. Applicant's contractor (if selected): 1116- 1 ' Address: Telephone: (Work) Fax: 5. Property owner(s) of record: '4141 _ellw- 1 0 , Address: Telephone: (Work)CA: 5. 42: � �e_l 7 (Home) Fax: 6. Applicant's business form (corporation, partnership, sole proprietors ip, etc.) and state of incorporation or organization: Z 14 ! ' Packet Page Number 63 of 127 Agenda Item K3 Attachment 2 7. If the applicant is a corporation, list the officers, directors and stockholders holding more than 5% of the stock of the corporation. (State name, address, telephone and relationship to the applicant. If a corporation is not formed, set forth as much data as possible concerning the potential officers, directors and stockholders): 8. If applicant is a general partnership, list general partners and if a limited partnership, list general partners and limited partners with more than 5% interest in the limited partnership: (If the partnership is not formed, set forth as much data as possible concerning the potential partners): List any other cities that you have applied to for tax-increment financing within the last five years: le- 10. Has the applicant ever been in bankruptcy? If yes, describe circumstances: zo'' 11. Have you ever defaulteg on any bond or mortgage commitment? If yes, describe the circumstances: zzoa PROJECT Project name: 2. Legal description of the site: Packet Page Number 64 of 127 Agenda Item K3 Attachment 2 3. Describe the project as proposed, i.e. how many housing units, type (rental or owner occupied), how much commercial square footage, etc. or- 14 - 0 , 4. Will the applicant occupy the project after completion? If not, state name of future lessees and status of commitments or lease agreements: -* 4 Z' ? Ael e-oi a, ' , 5. Estimated project costs: a. Land acquisition: $ "10, ' Ov// b. Site development: s/ c. Building cost: $ /Z ee'o'- 'Ove? d. Equipment: eoe'-'a e. Architectural and engineering fees: f Legal fees: g. Bond discount, fees to underwriter and brokerage fees: h. Interest during construction: $ �ee'o" elaa i. Off-site development cost: $ j. Initial bond reserve fund: k. Contingencies: 1. Other (please specify): Total 93 Packet Page Number 65 of 127 Agenda Item K3 Attachment 2 6. Financing: a. Industrial revenue bonds: b. Tax-increment: c. Equity: d. Other, i.e. bank financing, tax credit (please specify) • 7. How will you use tax-increment funds? 410 - --------- 8. Current real estate taxes assessed for the project site: 9. Estimated real estate taxes for the project site upon completion of project: 10. Date that the applicant expects tax-increment bond proceeds to be available to pay project expenses: ' 45� 1 0 _ 1 4 0 � �10 ,,0_ 11. Estimated date of construction: Completiow 12. Will any public official of the City, directly or indirectly, benefit from the tax-increment financing for this project within the meaning of Minnesota Statutes, Section 412.31 or 471.87? If so, specify: 4y 13. Is this a tax increment bond issue or pay-as-you-go financing? 9 Packet Page Number 66 of 127 Agenda Item K3 Attachment 2 FILING REQUIREMENTS You must provide all of the following items with your application: I An application fee of $6,760. Make your check out to the City of Maplewood. This fee is not refundable and is separate, from the bond counsel's, City attorney's or closing fees. 2. A written opinion, with supporting justification, from an expert acceptable to the Director of Community Development, to document that the development will not adversely effect similar, existing developments. The Director of Community Development may waive this requirement if there are no similar developments in your area. 3. A written statement supporting the statutory requirement that "but-for" the use of TIF on this project, it will not proceed as planned. NOTES 1. The City charges an administrative fee of 5% of the annual tax-increment revenue. 2. If the project requires zoning or Community Design Review Board approvals, you must make these applications before or concurrently with this request. NW - 110TWWW"TR Return this application to the Community Development Department. 2. The Director will schedule a public hearing with the City Council after preparing a report and recommendation. The Housing and Redevelopment Agency will meet on this application first if it is a housing project. The HRA will make a recommendation to the City Council. 3. Concept approval by the City Council. 4. Preparation of the tax-increment plan by the City's financial advisor and bond counsel. The City will not start preparing the tax-increment plan until we have completed all zoning and Community Design Review Board approvals. 5. City Council decision on the tax-increment plan, following a public hearing. 6. The applicant enters into development and assessment agreements. The development agreement will include a requirement that the applicant must guarantee debt service on any tax-increment bonds if the tax-increments are not enough for such purpose. The assessment agreement will include a minimum market value for the project after its completion. 7. Issuance of the bonds, if any. 5 Packet Page Number 67 of 127 Agenda Item K3 Attachment 2 The City will notify you of all meetings. ETIMIS 113TH 115001 1, by signing this application, agree to the following: I have read and will abide by all the requirements of the City for tax-exempt financing. I will commit all contractors, subcontractors and any other major contributors to the project to all segments applicable to them. I am aware that failure to comply by myself or any of the above can result in cancellation of the resolution. 2. The above information is correct. 3. 1 agree to pay all costs involved in the legal and fiscal review of this project. These costs include the bond counsel and City Attorney, and all costs involved in the issuance of the bonds to finance the project. 4. 1 understand that the City reserves the right to deny final approval, regardless of preliminary approval or the degree of construction completed before application for final approval. Authorized Representative Date Form Revised: 12/06 p/com and agreement for tax-increment financing2007 M Packet Page Number 68 of 127 v �E c U 4 {Q QQ L!� v a O N r,, Im i cn 1 4--4 � v v v v fl v ct o a w � • i 1 1 • � �-I r te,` 4--a C3 . 4-a v '� a � ! i a N u • • i s • • i i 1 8 WE C) r V S W O I) a a 0 a 0 O i v E Z m d v U CB i i i i i i i i i i i i i i i • w r,, Im i cn 1 4--4 � v v v v fl v ct o a w � • i 1 1 • � �-I r te,` 4--a C3 . 4-a v '� a � ! i a N u • • i s • • i i 1 8 WE C) r V S W O I) a a 0 a 0 O i v E Z m d v U CB v �E c U 4 {Q QQ 0 0 o © 0 0 0 0 o a 0 0 0 0 0 0 0 0 �Eoq -�;Oq -rzoq -rzoq rQoq 4�oq 4�oq 0 4) C) 4-4 � � � E--o U O cll c > C t En ct M H > Q f Q O O i v Z m d v U CB v �E a)m 4 {Q QQ r • • 4� H 0 O v z v U CB O 0 0 0 0 0 0 o a a o 0 0 0 0 0 0 M II G6 rA 04 O V VL 0 o a H `c Poo PONO C� O O O O N N N N 0 0 0 0 0 O v z v U CB v �E a)m 4 {Q QQ • • (I � i i• t O s� II O P Qn 1Y/� /1 1 (I •1y�y r l �i/ i O O O O O O O O O i v Z CE Q. U CB Agenda Item K3 Attachment 4 City of Maplewood, Minnesota Tax Increment Financing (Redevelopment) District No. 1-10 (Lake Phalen Estates Project) Time Schedule August - September 2009 Drafting of TIF Plan (SPRINGSTED) Monday, August 24, 2009 City Council calls for public hearing for Monday, October 12 @ 6:30 pm (resolution provided by Briggs & Morgan) On /Before August 28, 2009 County Commissioner receives notification letter (sent by SPRINGSTED) 30 days prior to publication of notice of public hearing On /Before September 11, 2009 County and School District receive impact letters & draft TIF plan (sent by SPRINGSTED) 30 days prior to public hearing Tuesday, September 15, 2009 City Planning Commission reviews TIF documents Or Tuesday October 6, 2009 (TIF documents provided by SPRINGSTED) @ 7:00 pm (resolution provided by Briggs & Morgan) Tuesday, September 28, 2009 Publication of notice of public hearing Deadline: Tue., Sept. 21, 2009 (arrangements made by SPRINGSTED) 10 -30 days prior to public hearing Monday, October 12, 2009 City Council holds public hearing, and adopts resolution @ 6:30 pm establishing TIF District (resolution provided by Briggs & Morgan) After October 12, 2009 State filing and request for county certification (completed by SPRINGSTED) 8/17/2009 Packet Page Number 73 of 127 THIS PAGE IS INTENTIONALLY LEFT BLAND AGENDA NO. M -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: August 14, 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: $ 2,698,666.27 Disbursements via debits to checking account dated 47/31/49 thru 08/07/09 $ 733,737.69 Checks 4 79070 thru 4 79153 dated 07/31/09 thru 8/18/09 $ 294,401.80 Disbursements via debits to checking account dated 08/07/09 thru 08/14/09 $ 3,726,805.76 Total Accounts Payable PAYROLL $ 503,759.31 Payroll Checks and Direct Deposits dated 08107109 $ 2,129.75 Payroll Deduction check 4 1007543 thru 4 1007544 dated 08107109 $ 505,889.06 Total Payroll $ 4,232,694.82 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 GLAIMS\2009\AprG1ms 8 -7 -09 and 8- 14- 09.xit Packet Page Number 74 of 127 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 07/31109 08/03/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 20,236.15 07131/09 08/03/09 MN Dept of Natural Resources DNR electronic licenses 458.50 07131/09 08/03/09 MN Dept of Natural Resources DNR electronic licenses 34.00 08103/09 08/04/09 Tues US Bank 15 Debt Service payments 2,538,071.30 08103/09 08/04/09 US Bank VISA One Card' Credit Card Billing Fee 1,632.52 08/03109 08/04/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 31,497.69 08/04109 08/05/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 7,550.75 08/04/09 08/05/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 24,511.75 08/05/09 08/06/09 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 17,645.16 08105/09 08/06/09 US Bank VISA One Card" Purchasing Card Items 44,512.70 08106/09 08/07/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,515.75 TOTAL 'Detailed listing of VISA purchases is attached. 2,698,666.27 Packet Page Number 75 of 127 Check Register 0811412009 City of Maplewood Check Date Vendor Description Amount 79070 0713112009 00261 CAREFREE COTTAGES OF MAPLEWOOD TAX INCREMENT DISTRICT 1 -4 17,516.76 79071 0713112009 00261 CAREFREE COTTAGES OF MAPLEWOOD TAX INCREMENT DISTRICT 1 -5 14,333.93 79072 07/3112009 00261 CAREFREE COTTAGES OF MAPLEWOOD TAX INCREMENT DISTRICT 1 -6 33,297.17 79073 07/31/2009 03616 SIBLEY COVE, LTD PARTNERSHIP TAX INCREMENT DISTRICT 1 -8 29,297.35 79074 07/3112009 01430 SCHROEDER MILK COMPANY, INC. TAX INCREMENT DISTRICT 1 -5 18,744.03 79075 07131/2009 03825 VAN DYKE STREET HOMES TAX INCREMENT DISTRICT 1 -7 10,444.76 79076 07/3112009 00008 A M E M TRAINING CONFERENCE REGISTRATION 500.00 79077 07/31/2009 00001 ONE TIME VENDOR REIMB L ROHRMAN DAMAGED MAILBOX 150.00 79078 08/04/2009 04327 THE LITTLE OVEN PIZZA FOR LABOR MGMT COMMITTEE 84.17 79079 08/04/2009 01574 T.A. SCHIFSKY & SONS, INC FINAL PMT PROJ 06 -16 & 07 -15 46,147.38 79080 08/06/2009 03818 MEDICA MONTHLY PREMIUM- AUGUST 148,363.00 79081 08/06/2009 01126 MN NCPERS LIFE INSURANCE MONTHLY PREMIUM- AUGUST 432.00 79082 08/12/2009 02464 US BANK FUNDS FOR ATMS 8,000.00 79083 08/11/2009 01497 SPRINGSTED INC DISCLOSURE SERVICES REPORT 2,000.00 79084 08/11/2009 02464 US BANK CASH BOX MONEY FOR TASTE OF MW 3,870.00 79085 08/18/2009 00131 ASPEN EQUIPMENT CO HENDERSO MODEL MARK 2- 53,858.59 79086 08/18/2009 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - JULY 106.50 79087 08/18/2009 03365 NICK FRANZEN REIMB FOR MILEAGE & INT 6/1 - 7/29 120.25 79088 08/18/2009 01546 SUBURBAN SPORTSWEAR LOSE2WIN T- SHIRTS 353.00 08/18/2009 01546 SUBURBAN SPORTSWEAR GYM PROG T- SHIRTS 134.75 79089 08/18/2009 00504 1ST LINE /LEEWES VENTURES LLC MDSE FOR RESALE 177.75 79090 08/18/2009 04008 AMERITAS MONTHLY PREMIUM - AUGUST 10,010.96 79091 08/18/2009 00111 ANIMAL CONTROL SERVICES PATROL & BOARDING FEES 7/6 - 8/2 3,217.08 79092 08/18/2009 03870 BASIAGO LAW OFFICE O &E FOR PROJ 09 -04 1,805.60 79093 08/18/2009 03513 BRIAN BIERDEMAN REIMB FOR MEALS 7120 - 7/21 16.59 79094 08/18/2009 00211 BRAUN INTERTEC CORP. PRO/ 09 -13 PROF SRVS THRU 7110 2,863.00 79095 08/18/2009 00221 BROCK WHITE COMPANY, LLC. CRACK SEALING MATERIAL 268.86 79096 08/18/2009 04249 SARAH BURLINGAME REIMB FOR MILEAGE 04/26 - 08/04 41.48 79097 08/18/2009 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.00 79098 08/18/2009 00224 CITY OF BROOKLYN PARK TRAINING 395.00 79099 08/18/2009 02929 CNAGLAC MONTHLY PREMIUM - AUGUST 531.50 79100 08/18/2009 03200 KEVIN COFFEY SECURITY OFFICER AUG 8TH MCC 210.00 79101 08/18/2009 00241 CSI SOFTWARE MEMBER CARDS - KEY TAGS 1,145.00 79102 08/18/2009 04311 JOE DEMULLING REIMB FOR UNIFORMS /SHOES 6/29 -7/10 164.98 79103 08/18/2009 00420 DOWNTOWNER DETAIL CENTER POLICE VEHICLE CLEANING /DETAILING 128.69 79104 08/18/2009 04161 EARTHWORKS SUSTAINABLE LANDSCAPING - 1,090.00 08/18/2009 04161 EARTHWORKS INSTALL SPLASH ROCK/STEEL 356.00 79105 08/18/2009 02071 DAVID FISHER REIMB FOR TRAINING 7/30 15.00 79106 08/18/2009 00531 FRA -DOR INC. ASPHALT & CONCRETE DISPOSAL 110.00 79107 08/18/2009 03516 ANTHONY GABRIEL REIMB FOR LODGING /MEALS 7/19 -7/21 327.51 79108 08/18/2009 02134 CAROLE GERNES REIMB FOR MILEAGE 3/25 - 7121 132.00 79109 08/18/2009 03529 GREYSTONE CONSTRUCTION CO MAINT ON SALT STORAGE COVER -ALL 350.00 79110 08/18/2009 04306 INSTANT WHIP - MINNEAPOLIS, INC. MDSE FOR RESALE 163.82 79111 08/18/2009 02995 INTEGRATED LOSS CONTROL INC UPDATE SOFTWARE 450.00 79112 08/18/2009 03087 SCOTT A JACOBSON REIMB FOR MILEAGE 8/3 - 8/10 25.85 79113 08/18/2009 04328 KLOMP'S SHEET METAL MANUFACTURE OF THREE BIRD SEED 192.83 79114 08/18/2009 00827 L M C I T WORKERS COMP CLAIM 1ST QTR 73,324.00 79115 08/18/2009 00393 DEPT OF LABOR & INDUSTRY MONTHLY SURTAX - JULY 7053123035 1,317.81 08/18/2009 00393 DEPT OF LABOR & INDUSTRY ELEVATOR OPERATING PERMIT #02365 100.00 79116 08/18/2009 00857 LEAGUE OF MINNESOTA CITIES PATROL ON -LINE TRAINING 99.16 79117 08/18/2009 02215 JASON MARINO SECURITY OFFICER FOR AUG 7TH MCC 120.00 79118 08/18/2009 02617 ALESIA METRY REIMB FOR WORK SHOES 8/6 39.99 79119 08/18/2009 03989 MINNESOTA STATE FIRE MARSHAL REGISTRATION FEE 5.00 79120 08/18/2009 01085 MN LIFE INSURANCE MONTHLY PREMIUM - AUGUST 3,579.60 79121 08/18/2009 01202 NYSTROM PUBLISHING CO INC MAPLEWOOD MONTHLY - JULY 6,026.00 Packet Page Number 76 of 127 79122 79123 79124 79125 79126 79127 79128 79129 79130 79131 79132 79133 79134 79135 79136 79137 79138 79139 79140 79141 79142 79143 79144 79145 79146 79147 79148 79149 79150 79151 79152 79153 0811812009 08/18/2009 08/18/2009 08/18/2009 08118/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 08/18/2009 00001 00001 00001 00001 00001 00001 00001 00001 01239 01240 01289 04221 04301 01359 02976 03446 01373 04219 04043 04043 01489 01836 01836 01550 01574 01574 01574 01574 01574 04055 03598 01618 04081 02241 02241 01683 00529 00529 04287 01750 01750 ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR MARY KAY PALANK STEVEN T PALMA PRAIRIE RESTORATIONS INC RANDY'S MEATS & GOOD STUFF RECYCLING PRODUCTS REGAL AUTO WASH DETAIL XX MIKE RICE RICK JOHNSON DEER & BEAVER INC AUDRA ROBBINS DAVID ROBY SCHWAN FOOD CO SCHWAN FOOD CO SPARTAN PROMOTIONAL GROUP INC. CITY OF ST PAUL CITY OF ST PAUL SUMMIT INSPECTIONS T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC JAMES TAYLOR PAUL THEISEN DAVID THOMALLA MICHAEL W.THOMPSON TRI TECH DISPENSING INC TRI TECH DISPENSING INC UNIFORMS UNLIMITED INC UNION SECURITY INSURANCE CO UNION SECURITY INSURANCE CO VAN IWAARDEN ASSOCIATES THE WATSON CO INC THE WATSON CO INC 84 Checks in this report. REIMB J WIEREMANN PROJ 08 -10 REIMB J VARBERG PROJ 08 -10 REIMB B NOVOTNE PRO/ 08 -10 REFUND STATE FUND MUTUAL OVERPD REFUND L PERRY AMB 082926 REFUND D YACOUB TASTE VENDOR REFUND S NAGY SOCCER REFUND J GRIGG MEMBERSHIP MICROSOFT OFFICE EXCEL BOOK REIMB FOR RUNNING SHOES 8/12 HERBICIDE APPLICATION MDSE FOR RESALE RECYCLING BINS FOR COMM CTR CAR WASH CHARGES - JULY ENERGY SEMINAR DEER PICKUP - JULY REIMB FOR MILEAGE MARCH -APRIL GUITAR INSTRUCTOR MCC MDSE FOR RESALE MDSE FOR RESALE PRIDE OF MAPLEWOOD PLAQUE PRINTING SERVICES WATER USAGE MARCH,APRIL,MAY ELECTRICAL INSPECTION - JULY PRO/ 08 -12 CASTLE AVE PARTPMT #2 VARIOUS BITUMINOUS MATERIALS VARIOUS BITUMINOUS MATERIALS SAND FOR SAND BAGS VARIOUS BITUMINOUS MATERIALS REIMB FOR MILEAGE 6/8 - 8/10 REIMB FOR UNIFORM 3113 - 3/22 PRO/ 08 -10 DRIVEWAY REIMB REIMB FOR MILEAGE 5/13 - 7/22 ICE MACHINE REPAIR ICE MACHINE REPAIR POLICE VEST LTD PLAN 4043120 -2 - AUGUST STD PLAN 4043120 -1 - AUGUST ACTUARIAL SERVICES FOR 2008 MDSE FOR RESALE MDSE FOR RESALE 5,040.00 4,725.00 3,800.00 531.50 87.68 75.00 62.00 59.99 24.10 99.99 1,000.00 116.36 1,323.32 44.79 15.00 100.00 64.50 267.60 57.64 47.75 237.50 1,706.79 420.29 2,399.60 197,488.15 3,530.40 1,345.44 604.54 185.78 113.30 129.47 4,000.00 299.20 265.71 183.22 767.95 2,800.19 1,779.13 600.00 406.65 327.46 Packet Page Number 77 of 127 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 08/07/09 08/10/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 15,593.43 08107/09 08/10/09 MN Dept of Natural Resources DNR electronic licenses 600.00 08107/09 08/10/09 ICMA (Vantagepointe) Deferred Compensation 3,834.38 08110/09 08/11/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 18,736.85 08110/09 08/11/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 5,147.75 08/10109 08/11/09 PERA PERA 81,980.67 08/10109 08/11/09 US Treasurer Federal Payroll Tax (FICA) 94,093.79 08/10/09 08/11/09 Great West Deferred Compensation 25,028.00 08/11/09 08/12/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 22,811.00 08112/09 08/13/09 Thur MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,315.01 08112/09 08/13/09 ARC Administration DCRP & Flex plan payments 2,972.42 08113109 08/14/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 10,288.50 Iti1iel, *Detailed listing of VISA purchases is attached. Z94,4U1.8U Packet Page Number 78 of 127 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 08107/09 BRUNSBERG, STEVEN 50.00 08107/09 HJELLE, ERIK 416.42 08/07109 JUENEMANN, KATHLEEN 416.42 08/07109 NEPHEW, JOHN 416.42 08107/09 ROSSBACH, WILLIAM 416.42 08107/09 AHL, R. CHARLES 5.121.44 08/07109 ANTONEN, JAMES 5,800.00 08/07%09 BURLINGAME, SARAH 1,772.42 08107/09 CHRISTENSON, SCOTT 1,850.55 08107/09 FARR, LARRY 2542.04 08/07/09 JAHN, DAVID 1,788.37 08/07109 RAMEAUX, THERESE 2,942.50 08107/09 FORMANEK, KAREN 1,633.35 08107 /09 MITTET, ROBERT 3.572.04 08/07/09 ANDERSON, CAROLE 1,139.90 08/07109 DEBILZAN, JUDY 1,229.32 08/07/09 JACKSON, MARY 2.042.95 08107/09 KELSEY, CONNIE 1494.27 08/07/09 LAYMAN, COLLEEN 2,74311 08/07109 CAREY, HEIDI 2,423.75 08107/09 GUILFOILE, KAREN 4118.10 08107/09 KROLL, LISA I,811.21 08/07109 NEPHEW, MICHELLE 1.301.83 08/07/09 PETERSON, JORDAN 585.00 08107/09 SCHMIDT, DEBORAH 2.395.37 08107/09 SPANGLER, EDNA 1,006.42 08/07%09 CORTESI, LUANNE 1,06799 08/07/09 JAGOE, CAROL 1,83317 08107/09 KELLY, LISA 1541.11 08/07/09 CARSON, MICHELLE 1,007.92 08/07109 MECHELKE, SHERRIE 1,030.17 08/07/09 MOY, PAMELA 1,113.46 08107/09 OSTER, ANDREA 1,833.17 08107/09 WEAVER, KRISTINE 1118.95 08/07109 CORCORAN, THERESA 1,82855 08/07109 KVAM, DAVID 4,086.18 08107/09 PALANK, MARY" 1,830.86 08107/09 POWELL, PHILIP 2.818.15 08/07109 SVENDSEN, JOANNE 2,022.59 08/07%09 THOMALLA, DAVID 4,839.74 08107/09 YOUNG, TAMELA 1,828.55 08107/09 ABEL, CLINT 1910.44 08/07/09 ALDRIDGE, MARK 3,099.85 08/07109 BAKKE, LONN 3,356.35 Packet Page Number 79 of 127 08!07109 BARTZ, PAUL, 2,406.03 08107109 BELDE, STANLEY 1804.87 08107/09 BENJAMIN, MARKESE 2,139.39 08107/09 BIERDEMAN, BRIAN 3,431.52 08/07/09 BOHL, JOHN 3,338.19 08/07/09 BUSACK, DANIEL 3,175.44 08107/09 COFFEY, KEVIN 3.320.82 08107/09 CROTTY. KERRY 3,405.59 08/07/09 DEMULLING, JOSEPH 2,09398 08/07/09 DOBLAR, RICHARD 3,47316 08107/09 DUGAS, MICHAEL 4,370.42 08/07/09 FRIEZE, DEREK 2.366.70 08/07/09 GABRIEL, ANTHONY 3,037.92 08/07/09 HAWKINSON JR, TIMOTHY 2,323.99 08107/09 HER, PHENG 2.093.98 08107/09 HILBERT, STEVEN 1804.87 08/07109 JOHNSON, KEVIN 4,158.64 08/07/09 KALKA, THOMAS 907.59 08107/09 KAKIS, FLINT 4,020.06 08107/09 KONG, TOMMY 2.950.10 08/07/09 KREKELER, NICHOLAS 747.88 08/07/09 KROLL, BRETT 2,74910 08107/09 LANGNER, TODD 2,687.17 08107/09 LARSON, DANIEL 3,138.54 08/07/09 LU, JOHNNIE 3,21391 08/07/09 MARINO, JASON 2,964.12 08107/09 MARTIN, DANIEL 1093.98 08107/09 MARTIN, JERROLD 2,900.96 08/07/09 MCCARTY, GLEN 2.96193 08/07109 METRY, ALESIA 3,08712 08/07/09 NYE, MICHAEL 2.693.52 08107/09 OLSON, JULIE 1726.02 08/07/09 PALMA, STEVEN 3,058.24 08/07/09 RHUDE, MATTHEW 3.025.62 08107/09 SHORTREED, MICHAEL 3,881.66 08107/09 STEFFEN, SCOTT 3,851.39 08/07/09 STEINER, JOSEPH 2,790.00 08/07/09 SYPNIEWSKI, WILLIAM 2,891.08 08107/09 SZCZEPANSKI, THOMAS 3,025.56 08107/09 TAUZELL, BRIAN 1,840.88 08/07/09 IRAN, JOSEPH 2,69352 08/07/09 WENZEL, JAY 2,899.85 08107 /09 XIONG, KAO 1719.64 08/07/09 BERGERON, JOSEPH 3,596.49 08/07/09 ERICKSON, VIRGINIA 3,241.77 08/07/09 FLOR, TIMOTHY 1,588.29 08107/09 FRASER, JOHN 3,058 24 08107/09 LANGNER, SCOTT 2,896.00 08/07109 REZNY, BRADLEY 2,20898 08/07/09 THEISEN, PAUL 3,603.05 08107/09 THIENES, PAUL 4,414.41 08107/09 BAUMAN, ANDREW 2,195.33 08/07/09 DAWSON, RICHARD 2,615.92 Packet Page Number 80 of 127 08/07/09 DOLLERSCHELL. ROBERT 293.39 08107109 EVERSON, PAUL, 1775.33 08/07/09 FOSSUM, ANDREW 2.320.66 08/07109 HALWEG, JODI 2,502.55 08!07109 JUNGMANN, BERNARD 3,256.63 08107/09 NOVAK, JEROME 903.90 08107/09 OLSON, JAMES 2332.20 08/07109 PERBIX, CHARLES 2,195.33 08/07109 PETERSON, ROBERT 2,832.46 08107/09 RICHARDSON, ANDREA 2,195.33 08107/09 SEDLACEK, JEFFREY 2.698.15 08/07109 STREFF, MICHAEL 2.195.33 08/07%09 SVENDSEN, RONALD 2,927.30 08107/09 GERVAIS -JR. CLARENCE 3.417.15 08107/09 LUKIN, STEVEN 4387.97 08/07;09 ZWIEG, SUSAN 2,17015 08/07109 KNUTSON, LOIS 1,848.55 08107 /09 NIVEN, AMY L371.42 08107/09 PRIEFER, WILLIAM 2.633 26 08/07/09 AHL,. GREGORY 960.00 08/07109 BRINK, TROY 2,680.70 08/07/09 BUCKLEY, BRENT 1.886.56 08107/09 DEBILZAN, THOMAS 1064.55 08/07/09 EDGE, DOUGLAS 2,07455 08/07109 HAMRE, MILES L373.75 08107/09 JONES, DONALD 1074.55 08107/09 MEISSNER, BRENT 1,705.35 08/07109 MEYER, GERALD 2,147.39 08/07/09 NAGEL, BRYAN 3,229.26 08107/09 OSWALD, ERICK 1.141.17 08107/09 RUNNING, ROBERT 2,374.33 08/07%09 SEINES, SAMUEL 960.00 08/07/09 TEVLIN, TODD 2,07455 08107/09 BURLINGAME, NATHAN 1,846.95 08/07/09 DUCHARME, JOHN L341.26 08/07109 EATON, MEGAN 919.75 08/07/09 ENGSTROM, ANDREW 2,319.36 08107/09 JACOBSON, SCOTT 2,277.38 08107/09 JAROSCH, JONATHAN 2,555.75 08/07109 KREGER, JASON 2,238.76 08/07109 KUMMER. STEVEN 1890.95 08107/09 LINDBLOM, RANDAL 3,045.98 08107/09 LOVE, STEVEN 2,807.75 08/07109 O'CONNOR, DONOVAN 1.040.00 08/07%09 THOMPSON, MICHAEL 3,48058 08107/09 ZIEMAN, SCOTT 1,029.60 08107/09 EDSON. DAVID 2,111.00 08/07/09 GUNDERSON, ANDREW 792.00 08/07109 HINNENKAMP, GARY 2,079.82 08107/09 MARUSK.A, MARK 3,090.00 08107/09 NAUGHTON, JOHN 2.064.55 08/07/09 NORDQUIST, RICHARD 2,06794 08/07109 SCHINDELDECKER, JAMES 2,06917 Packet Page Number 81 of 127 08/07/09 BIESANZ.OAKLEY 1.476.59 08107109 DEAVER, CHARLES 573.51 08/07/09 GERNES, CAROLE 568.06 08/07109 HAYMAN, JANET 1,339.85 08!07109 HUTCHINSON, ANN 2,051.76 08107/09 SOUTTER, CHRISTINE 259.25 08107 /09 WACHAL, KAREN 782.68 08/07109 BERM, LOIS 86.25 08/07109 FINWALL, SHANK 2,989.35 08107/09 FRY, PATRICIA 1,898.06 08107/09 G AYNOR, VIRGINIA 2,969.70 08/07109 HALL KATHLEEN 135.00 08/07%09 KONEWKO, DUWAYNE 4,36250 08107/09 SINDT, ANDREA 1,977.35 08107/09 THOMPSON, DEBRA 731.42 08/07/09 EKSTRAND, THOMAS 3,707.78 08/07109 MARTIN, MICHAEL 2,344.55 08107/09 BRASH, JASON 1.850.95 08107/09 CARVER, NICHOLAS 3,118.02 08/07/09 FISHER, DAVID 3,687.08 08/07109 RICE, MICHAEL 2,559.75 08/07/09 SWAN, DAVID 2.610.15 08107/09 WELLENS, MOLLY 1,462.43 08/07/09 BERGER, STEPHANIE 5850 08/07109 BJORK, ALICIA 840.00 08107/09 BJORK, BRANDON 880.00 08107/09 COLEMAN, JOHN 621.00 08/07109 ROBBINS, AUDRA 2,513.20 08/07/09 ROBBINS, CAMDEN 150.44 08107/09 ROBBINS, EMERALD 256.01 08107/09 RYCHLICKI, NICHOLE 384.00 08/07%09 SCHAEFER, SCOTT 84.00 08/07/09 SHERRILL, CAITLIN 673.63 08107/09 STAPLES, PAULINE 3,309.18 08/07/09 STROM, JON 63.00 08/07109 TAUBMAN, DOUGLAS 3,208.66 08/07/09 TAYLOR, JAMES 2,170.42 08107/09 ADAMS, DAVID 1,626.16 08107/09 GERMAIN, DAVID 1073.79 08/07109 HAAG, MARK 2,06455 08/07109 NADEAU, EDWARD 3,485.52 08107/09 SCHULTZ, SCOTT 1287.77 08107 /09 ANZALDL MALADY 1.633.50 08/07109 BERGLUND, DANIEL 381.00 08/07%09 BRENEMAN, NEIL 1,793.02 08107/09 CRAWEORD - JR, RAYMOND 614.00 08107/09 DICKS, JOHN 171.00 08/07;09 EVANS, CHRISTINE 1,164.67 08/07109 FABIO- SHANLEY, MICHAEL 192.05 08107/09 GADOW, ANNA 505.54 08107/09 GLASS, JEAN 2,041.87 08/07/09 HANSEN. LORI 2.692.83 08/07109 HER, CHONG 264.00 Packet Page Number 82 of 127 08/07/09 HER. PETER 251.60 08107109 HOFMEISTER, MARY 930.73 08/07/09 HOFMEISTER, TIMOTHY 346.75 08/07109 OLSON, ERICA 269.50 08!07109 OLSON, SANDRA 31350 08107/09 PELOQUIN, PENNYE 517.71 08107/09 PENN, CHRISTINE 1,780.00 08/07109 SCHOENECKER, LEIGH 38950 08/07109 YANG. KAY 262.00 08107 /09 YANG, TIM 141.00 08107/09 VUE, LOR PAO 128.00 08/07109 ZIELINSKI, JUDY 119.35 08/07%09 AICHELE, MEGAN 131.25 08107 /09 AMUNDSON, DANIKA 134.13 08107/09 ANDERSON, JOSHUA. 493.40 08/07/09 ANDERSON, JUSTIN 485.40 08/07109 BAUDE. SARAH 124.25 08107/09 BEITLER, JULIE 90.00 08107/09 BENJAMIN, AYLA 176.48 08/07/09 BIGGS, ANNETTE 109.65 08/07109 BRUSOE, AMY 13293 08/07/09 BRUSOE, CRISTINA 590.40 08107/09 BUC IMAYER, NICOLLET 538.40 08/07/09 BUCKLEY, BRITTANY 507.49 08/07109 CAMPBELL, JESSICA 126.00 08107/09 DEMPSEY, BETH 147.00 08107/09 DUNN, RYAN 1,112.18 08/07109 ERICKSON- CLARK, CAROL 23.75 08/07/09 FLACKEY, MAUREEN 60.00 08107/09 GILL, NICOLE 136.00 08107/09 GRUENHAGEN, LINDA 264.08 08/07%09 HAGSTROM, EMILY 3518 08/07/09 HALL. HOLLY 218.00 08107/09 HANSEN, HANNAH 142.01 08/07/09 HOLMBERG, LADONNA 388.00 08/07109 HORWATH, RONALD 2,513.20 08/07/09 IRISH, PETER 14153 08107/09 JOHNSON, JAMES 140.00 08107/09 JOYER, JENNA 59.55 08/07109 KOGLER, RYAN 169.85 08/07109 KOHLER, ROCHELLE 34.00 08107/09 KOLLER, NINA 476.11 08107/09 KRONHOLM, KATHRYN 662.73 08/07109 LAMEYER, ZACHARY 118.58 08/07%09 MANZELLA, TERESA 34.00 08107/09 MATESKI, WAYNE 168.00 08107/09 MATHEWS, LEAH 220.80 08/07/09 MCCANN, NATALIE 54.00 08/07109 MCCARTHY, ERICA 64.00 08107 /09 NADEAU, KELLY 134.75 08107/09 PROESCH. ANDY 837.47 08/07/09 RENFORD, NATHAN 355.25 08/07109 RHODY, DIANE 764.75 Packet Page Number 83 of 127 Packet Page Number 84 of 127 08/07/09 RICHTER, DANIEL 108.00 08107109 RICHTER, NANCY 1,021.14 08/07/09 ROLLOFF- FELLNER, TAYLOR 204.10 08/07109 RONNING, ISAIAH 158.03 08!07109 SCHAEFER, NATALIE 226.77 08107/09 SCHREIER, ROSEMARIE 106.50 08107/09 SCHREINER, MICHELLE 326.63 08/07109 SCHUNEMAN, GREGORY 343.04 08/07109 SJERVEN, BRENDA 119.00 08107/09 SK.A<AR, SAMANTHA 137.75 08107/09 SMITH, ANN 118.20 08/07109 SMITLEY. SHARON 176.05 08/07%09 TUPY, ELIANA 102.00 08107/09 TUPY, HEIDE 222.00 08107/09 TUPY, MARCUS 276.60 08/07/09 WARNER, CAROLYN 362.60 08/07109 WOLFGRAM, MARY 809.23 08107 /09 WOLFGRAM, TERESA 175.92 08107/09 WOODMAN, ALICE 23.00 08/07/09 ZALK, DAVID 29.00 08/07109 BOSLEY, CAROL 369.00 08/07/09 HOLMGREN, STEPHANIE 195.50 08107/09 LANGER, CHELSEA 114.00 08/07/09 LANGER, KAYLYN 52.00 08/07109 SATTLER, MELINDA 36.00 08107/09 SAVAGE, KAREN 109.25 08107/09 ZAGER, LINNEA 264.13 08/07109 BEHAN, JAMES L929.45 08/07/09 BOWMAN, MATTHEW 24990 08107/09 CURRAN, JAMES 369.00 08107/09 DOUGLASS, TOM 1,301.56 08/07%09 LONETTI, JAMES 420.00 08/07/09 MALONEY, SHAUNA 181.25 08107/09 PRINS, KELLY 1,326.43 08/07/09 REILLY, MICHAEL 1,861.35 08/07109 VALERIO, TARA 348.38 08/07/09 AICHELE, CRAIG 2,13113 08107/09 PRIEM, STEVEN 2,322.15 08107 /09 WOEHRLE, MATTHEW 2,038.46 08/07109 BERGO, CHAD 2,57418 08/07109 FOWLDS. MYCHAL 3.285.88 08107/09 FRANZEN, NICHOLAS 2,242.10 1007501 08107/09 LONGRIE, DIANA 473.15 1007502 08/07109 STEFFEN, LAINIE 436.50 1007503 08/07%09 TAUBMAN, KEVIN 207.00 1007504 08107/09 THOMFORDE, FAITH 498.75 1007505 08107/09 WELCHLIN, CABOT 1855.76 1007506 08/07/09 DELPERDANG, CHRISTOPHER 800.00 1007507 08/07109 DVORAK, ADAM 880.00 1007508 08107/09 OLSON, SCOTT 960.00 1007509 08107/09 PURL, MATTHEW 960.00 1007510 08/07/09 FARLEY, JAMIE 397.75 1007511 08/07109 GEBHARD, MADELINE 1,232.00 Packet Page Number 84 of 127 1007512 08/07/09 GRAVES, CONNIE 20.00 1007513 08107109 MALLET. AMANDA 384.00 1007514 08/07/09 MARTIN, ARIELLE 285.00 1007515 08/07109 MUELLNER, CHADD 225.00 1007516 08!07109 NG, VANICK 155.00 1007517 08107/09 UNGAR, KRISTOPHER 160.00 1007518 08107/09 BRENEMAN, SEAN 447.32 1007519 08/07109 BUESING, DYLAN 143.33 1007520 08/07109 CHASTAN, ADAM 181.91 1007521 08107/09 CRANDALL, KRISTA 100.75 1007522 08107/09 HANSON, MATTHEW 152.25 1007523 08/07109 LAMSON, KEVIN 29.40 1007524 08/07%09 MCCORMACK, MELISSA 5513 1007525 08107/09 MCLAURIN, CHRISTOPHER 440.38 1007526 08107/09 MCMAHON, MELISSA 12.50 1007527 08/07/09 MORIS, RACHEL 40.00 1007528 08/07109 NWANOKWALE, EMMA 38.75 1007529 08107 /09 NWANOKWALE, MORDY 528.50 1007530 08107/09 ROGNESS, TRYGGVE 94.50 1007531 08/07/09 ROSTRON, ROBERT 444.76 1007532 08/07109 RYDEEN, ARIEL 175.78 1007533 08/07/09 SCHAEFER, JAMES 271.76 1007534 08107/09 SCHMIDT, EMILY 378.60 1007535 08/07/09 SCHMIDT, JOHN 270.75 1007536 08/07109 TATEOSVI N, SAMANTHA 95.55 1007537 08107/09 DANIEL, BREANNA 159.13 1007538 08107/09 GLASS, JENNA 110.50 1007539 08/07109 HER, KIM 26.20 1007540 08/07/09 HER, MARINA 48.00 1007541 08107/09 COLEMAN, PATRICK 68.88 1007542 08107/09 SCHULZE, KEVIN 486.00 503,759.31 Packet Page Number 85 of 127 Trans Date Posting Date Merchant Name Trans Amount Name 07/17/2009 07/20/2009 TARGET 00011858 $57.54 MANDY ANZALDI 07/27/2009 07/2912009 ANDON BALLOONS INC - $104.09 MANDY ANZALDI 07/29/2009 07/3012009 TARGET 00011858 $34.52 MANDY ANZALDI 07/29/2009 07/30/2009 CUB FOODS, INC. $11.49 MANDY ANZALDI 07/29/2009 07/31/2009 THE HOME DEPOT 2801 $19.09 MANDY ANZALDI 07/21/2009 07/22/2009 HENRIKSEN ACE HARDWARE $19.81 JIM BEHAN 07/21/2009 07/23/2009 THE HOME DEPOT 2801 $5.31 JIM BEHAN 07/21/2009 07/29/2009 BLOOMINGTON SECURIT $65.08 JIM BEHAN 07/22/2009 07/27/2009 PARK SUPPLY OF AMERICA IN $1,186.25 JIM BEHAN 07/23/2009 07/24/2009 HORIZON POOL SUPPLY $290.09 JIM BEHAN 07/23/2009 07/2412009 AQUA LOGICS INC $1,061.96 JIM BEHAN 07/27/2009 07/28/2009 SHERWIN WILLIAMS #3127 $6.74 JIM BEHAN 07/28/2009 07/29/2009 HORIZON POOL SUPPLY $454.11 JIM BEHAN 07/29/2009 07/30/2009 HENRIKSEN ACE HARDWARE $29.77 JIM BEHAN 07/24/2009 07/27/2009 GOGGLE *SHOPCELL COM $31.69 CHAD BERGO 07/22/2009 07/23/2009 CUB FOODS -SUN RAY $23.00 OAKLEY BIESANZ 07/22/2009 07/23/2009 CUB FOODS -SUN RAY $11.04 OAKLEY BIESANZ 07/22/2009 07/2312009 PETLAND $6.88 OAKLEY BIESANZ 07/22/2009 07/24/2009 CUB FOODS -SUN RAY SSS {$23.00} OAKLEY BIESANZ 07/17/2009 07/20/2009 THE HOME DEPOT 2801 $24.59 JASON BRASH 07/24/2009 07/27/2009 SPRINT AQUATICS $158.43 NEIL BRENEMAN 07/27/2009 07/28/2009 SPRINT AQUATICS $0.88 NEIL BRENEMAN 07/27/2009 07/28/2009 ARAMARK MINNEAPOLIS OCS $331.02 NEIL BRENEMAN 07/28/2009 07/29/2009 FITNESS WHOLESALE $277.85 NEIL BRENEMAN 07/20/2009 07/22/2009 ADVANCE SHORING COMPANY $80.69 TROY BRINK 07/27/2009 07/2812009 BEL PROMO ITEMS $10.54 SARAH BURLINGAME 07/27/2009 07/2912009 TGI FRIDAY'S #0472 $107.74 SARAH BURLINGAME 07/19/2009 07/20/2009 JOES SPORTING GOODS $74.97 DAN BUSACK 07/28/2009 07/29/2009 FOREST LAKE TRVL PLZ $7.00 DAN BUSACK 07/20/2009 07/21/2009 PRICE CHOPPER INC $117.22 HEIDI CAREY 07/23/2009 07/24/2009 PRICE CHOPPER INC $88.40 HEIDI CAREY 07/27/2009 07/28/2009 CITY PAGES $806.00 HEIDI CAREY 07/29/2009 07/30/2009 THE MENU STORE $268.90 HEIDI CAREY 07/17/2009 07/2012009 THE LODGE AT SUGARLAKE $251.48 NICHOLAS CARVER 07/22/2009 07/2412009 STATE SUPPLY COMPANY $203.54 SCOTT CHRISTENSON 07/22/2009 07/24/2009 THE HOME DEPOT 2801 $20.17 SCOTT CHRISTENSON 07/23/2009 07/24/2009 NAPA AUTO PARTS 3279016 $5.31 SCOTT CHRISTENSON 07/28/2009 07/30/2009 THE HOME DEPOT 2801 $81.47 SCOTT CHRISTENSON 07/29/2009 07/31/2009 THE HOME DEPOT 2801 $15.90 SCOTT CHRISTENSON 07/17/2009 07/20/2009 FRATTALLONES WOODBURY ACE $11.96 CHARLES DEAVER 07/21/2009 07/23/2009 RYCO SUPPLY CO $45.23 CHARLES DEAVER 07/27/2009 07/29/2009 GRUBERS POWER EQUIPMENT $12.80 THOMAS DEBILZAN 07/16/2009 07/2112009 HYDROLOGIC $330.89 DAVE EDSON 07/20/2009 07/21/2009 MENARDS 3059 $15.87 DAVE EDSON 07/20/2009 07/21/2009 MENARDS 3059 $21.24 DAVE EDSON 07/21/2009 07/23/2009 THE HOME DEPOT 2801 $16.86 DAVE EDSON 07/16/2009 07/20/2009 KMART 3034 $87.80 LARRY FARR 07/16/2009 07/20/2009 THE HOME DEPOT 2801 $235.04 LARRY FARR 07/20/2009 07/21/2009 MUNICIPAL SUPPLY & SIGN $202.40 LARRY FARR 07/21/2009 07/2312009 THE HOME DEPOT 2801 $49.41 LARRY FARR 07/22/2009 07/23/2009 CUB FOODS, INC. $86.60 LARRY FARR Packet Page Number 86 of 127 07/22/2009 07/2312009 NOR *NORTHERN TOOL $417.55 LARRY FARR 07/23/2009 07/2412009 TARGET 00011858 $149.95 LARRY FARR 07/23/2009 07/27/2009 NORTHERN TOOL EQUIP -MN $96.40 LARRY FARR 07/24/2009 07/27/2009 NOR *NORTHERN TOOL $38.06 LARRY FARR 07/27/2009 07/28/2009 COMMERCIAL FURNITURE SRVC $644.24 LARRY FARR 07/28/2009 07/29/2009 CUB FOODS, INC. $54.82 LARRY FARR 07/30/2009 07/31/2009 ELECTRO WATCHMAN INC $346.55 LARRY FARR 07/16/2009 07/20/2009 KEEFE CO PARKING $6.50 DAVID FISHER 07/28/2009 07/29/2009 BATTERIES PLUS #31 $12.52 DAVID FISHER 07/17/2009 07/2012009 CURTIS 1000 $45.15 KAREN FORMANEK 07/17/2009 07/20/2009 CURTIS 1000 $152.20 KAREN FORMANEK 07/17/2009 07/20/2009 DATA BUSINESS SYSTEMS INC $485.07 KAREN FORMANEK 07/28/2009 07/30/2009 CURTIS 1000 $78.10 KAREN FORMANEK 07/17/2009 07/20/2009 RADIOSHACK COR00160853 $9.68 MYCHAL FOWLDS 07/22/2009 07/22/2009 HP DIRECT- PUBLICSECTOR $257.10 MYCHAL FOWLDS 07/22/2009 07/22/2009 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 07/23/2009 07/2412009 QWESTCOMM *TN651 $66.45 MYCHAL FOWLDS 07/23/2009 07/27/2009 MCLEOD USA TELECOM $1,501.84 MYCHAL FOWLDS 07/27/2009 07/29/2009 CUSTOMER SUPT CENTER $1,798.69 MYCHAL FOWLDS 07/28/2009 07/29/2009 CADLINK TECHNOLOGY $75.00 MYCHAL FOWLDS 07/30/2009 07/30/2009 HP DIRECT- PUBLICSECTOR $460.64 MYCHAL FOWLDS 07/31/2009 07/31/2009 APL *APPLE ONLINE STORE $1,071.70 MYCHAL FOWLDS 07/25/2009 07/27/2009 INSIGHT *PUBLICSECTOR $256.46 NICK FRANZEN 07/30/2009 07/30/2009 HP DIRECT- PUBLICSECTOR $631.92 NICK FRANZEN 07/29/2009 07/3012009 LISPS 26833800033400730 $2.27 CAROLE GERNES 07/22/2009 07/2412009 OFFICE DEPOT #1090 $8.02 JEAN GLASS 07/22/2009 07/24/2009 OFFICE DEPOT #1090 $8.02 JEAN GLASS 07/29/2009 07/30/2009 OFFICE DEPOT #1090 $27.42 JEAN GLASS 07/29/2009 07/31/2009 OFFICE DEPOT #1105 $43.64 JEAN GLASS 07/29/2009 07/31/2009 OFFICE DEPOT #1090 $210.25 JEAN GLASS 07/18/2009 07/20/2009 RIVARD STONE, INC. $26.38 JANET M GREW HAYMAN 07/22/2009 07/23/2009 PLANETGREENSPOT COM $19.24 JANET M GREW HAYMAN 07/23/2009 07/2712009 THE HOME DEPOT 2810 $32.70 JANET M GREW HAYMAN 07/16/2009 07/2012009 SHRED -IT $18.10 KAREN E GUILFOILE 07/21/2009 07/23/2009 THE HOME DEPOT 2801 $8.93 MILES HAMRE 07/23/2009 07/27/2009 THE STAR TRIBUNE CIRCULAT $112.58 LORI HANSON 07/18/2009 07/20/2009 MENARDS 3059 $42.59 PATRICK HEFFERNAN 07/16/2009 07/20/2009 THE HOME DEPOT 2801 {$5934} RON HORWATH 07/16/2009 07/20/2009 THE HOME DEPOT 2801 $76.22 RON HORWATH 07/21/2009 07/23/2009 AMERICAN RED CROS01 OF 01 $479.00 RON HORWATH 07/17/2009 07/20/2009 DALCO ENTERPRISES, INC $1,076.62 DAVID JAHN 07/17/2009 07/2012009 WW GRAINGER $341.50 DAVID JAHN 07/23/2009 07/27/2009 DALCO ENTERPRISES, INC {$18.38} DAVID JAHN 07/22/2009 07/23/2009 RED WING SHOE STORE $133.45 JON JAROSCH 07/17/2009 07/20/2009 PHILIPS MEDICAL SYSTEMS $110.50 BERNARD R JUNGMANN 07/17/2009 07/20/2009 HAGEMEYER NA #ZC $1,214.63 BERNARD R JUNGMANN 07/18/2009 07/20/2009 THE KNOX COMPANY $955.00 BERNARD R JUNGMANN 07/24/2009 07/27/2009 ANCOM TECHNICAL CENTER IN $13.36 BERNARD R JUNGMANN 07/24/2009 07/2712009 BOUND TREE MEDICAL LLC $14.58 BERNARD R JUNGMANN 07/25/2009 07/27/2009 BOUND TREE MEDICAL LLC $190.88 BERNARD R JUNGMANN 07/25/2009 07/27/2009 BOUND TREE MEDICAL LLC $45.16 BERNARD R JUNGMANN 07/25/2009 07/27/2009 BOUND TREE MEDICAL LLC $1,498.50 BERNARD R JUNGMANN Packet Page Number 87 of 127 07/28/2009 07/2912009 TARGET 00011858 $129.32 BERNARD R JUNGMANN 07/28/2009 07/2912009 BOUND TREE MEDICAL LLC $74.83 BERNARD R JUNGMANN 07/28/2009 07/29/2009 BOUND TREE MEDICAL LLC $409.40 BERNARD R JUNGMANN 07/29/2009 07/30/2009 PHILIPS MEDICAL SYSTEMS $897.05 BERNARD R JUNGMANN 07/29/2009 07/30/2009 MN EMS REG BOARD $728.00 BERNARD R JUNGMANN 07/29/2009 07/30/2009 BOUND TREE MEDICAL LLC $286.32 BERNARD R JUNGMANN 07/30/2009 07/31/2009 BOUND TREE MEDICAL LLC $14.80 BERNARD R JUNGMANN 07/17/2009 07/20/2009 BATTERIES PLUS #31 $47.07 TOM KALKA 07/28/2009 07/3012009 THE HOME DEPOT 2801 $17.10 JASON KREGER 07/24/2009 07/2712009 OFFICE DEPOT #1090 $56.88 LISA KROLL 07/21/2009 07/21/2009 U OF M CCE $85.00 DAVID KVAM 07/21/2009 07/21/2009 REG *ASSOCIATION OF TRA $375.00 DAVID KVAM 07/21/2009 07/21/2009 REG *ASSOCIATION OF TRA $425.00 DAVID KVAM 07/21/2009 07/23/2009 SHRED -IT $59.95 DAVID KVAM 07/21/2009 07/23/2009 SHRED -IT $56.61 DAVID KVAM 07/22/2009 07/22/2009 REG *ASSOCIATION OF TRA {$425.00} DAVID KVAM 07/24/2009 07/2712009 ALLINA HOSP & CLINICS $50.00 DAVID KVAM 07/24/2009 07/27/2009 ALLINA HOSP & CLINICS $50.00 DAVID KVAM 07/24/2009 07/27/2009 HEALTHEAST TRANSPORTATN $2,792.86 DAVID KVAM 07/16/2009 07/20/2009 OREILLY AUTO 00020743 $7.15 STEVE LUKIN 07/16/2009 07/20/2009 VALLEY TROPHY $296.04 STEVE LUKIN 07/17/2009 07/20/2009 METRO FIRE $220.00 STEVE LUKIN 07/18/2009 07/20/2009 HEJNY RENTAL INC $272.76 STEVE LUKIN 07/19/2009 07/20/2009 CUB FOODS, INC. $335.09 STEVE LUKIN 07/20/2009 07/2212009 HEJNY RENTAL INC {$69.63} STEVE LUKIN 07/21/2009 07/2312009 ASPEN MILLS INC. $131.45 STEVE LUKIN 07/21/2009 07/23/2009 ASPEN MILLS INC. $50.00 STEVE LUKIN 07/23/2009 07/24/2009 E A T 1 $140.00 STEVE LUKIN 07/28/2009 07/30/2009 HYDROLOGIC $418.44 MARK MARUSKA 07/29/2009 07/31/2009 MIKES LP GAS INC $63.41 BRENT MEISSNER 07/20/2009 07/22/2009 OAKDALE RENTAL CENTER $377.80 GERALD MEYER 07/16/2009 07/2012009 SHRED -IT $18.10 ROBERT MITTET 07/22/2009 07/2312009 QWESTCOMM *TN651 $58.41 ROBERT MITTET 07/28/2009 07/2812009 COMCAST CABLE COMM $159.28 ROBERT MITTET 07/20/2009 07/21/2009 MENARDS 3059 $38.24 ED NADEAU 07/28/2009 07/30/2009 METROCALL /ARCH WIRE $16.04 ED NADEAU 07/28/2009 07/29/2009 MENARDS 3059 $29.59 JOHN NAUGHTON 07/29/2009 07/30/2009 MENARDS 3022 $90.91 JOHN NAUGHTON 07/23/2009 07/24/2009 PAKOR INC $220.09 SHELLY NEPHEW 07/28/2009 07/30/2009 PERFORATEDPAPER.COM $55.21 SHELLY NEPHEW 07/24/2009 07/2712009 RON'S VIRTUE PRINTI $341.54 AMY NIVEN 07/21/2009 07/2312009 D BRIAN'S DELI - #1 $15.91 MARY KAY PALANK 07/27/2009 07/28/2009 OFFICE DEPOT #1090 $90.78 MARY KAY PALANK 07/28/2009 07/30/2009 OFFICE DEPOT #1090 $42.59 MARY KAY PALANK 07/23/2009 07/24/2009 CENTURYNOVELTY COM $66.85 CHRISTINE PENN 07/23/2009 07/24/2009 CENTURYNOVELTY COM $64.45 CHRISTINE PENN 07/21/2009 07/23/2009 SIR PLUS SUPPLY $155.42 PHILIP F POWELL 07/17/2009 07/20/2009 METRO SALES INC $1,384.20 WILLIAM J PRIEFER 07/16/2009 07/2012009 KATH AUTO PARTS NSP $135.81 STEVEN PRIEM 07/16/2009 07/2012009 KATH AUTO PARTS NSP $9.69 STEVEN PRIEM 07/16/2009 07/20/2009 DAVIS EQUIPMENT $136.28 STEVEN PRIEM 07/17/2009 07/21/2009 AN MW REGION M37222445 $135.00 STEVEN PRIEM Packet Page Number 88 of 127 07/20/2009 07/2212009 TOUSLEY FORD 127200039 07/21/2009 07/2312009 E A T 1 07/22/2009 07/24/2009 KATH AUTO PARTS NSP 07/22/2009 07/24/2009 KATH AUTO PARTS NSP 07/22/2009 07/27/2009 COMO LUBE & SUPPLIES 07/23/2009 07/24/2009 BAUER BUILT TIRE - 07/23/2009 07/27/2009 KATH AUTO PARTS NSP 07/23/2009 07/27/2009 KATH AUTO PARTS NSP 07/23/2009 07/27/2009 PARTS ASSOCIATION01 OF 01 07/28/2009 07/3012009 KATH AUTO PARTS NSP 07/29/2009 07/30/2009 MACQUEEN EQUIPMENT INC 07/29/2009 07/31/2009 KATH AUTO PARTS NSP 07/29/2009 07/31/2009 KATH AUTO PARTS NSP 07/29/2009 07/31/2009 RMS- CORPORATE 07/22/2009 07/23/2009 HILLYARD INC MINNEAPOLIS 07/23/2009 07/24/2009 DALCO ENTERPRISES, INC 07/30/2009 07/3112009 HILLYARD INC MINNEAPOLIS 07/23/2009 07/27/2009 THE HOME DEPOT 2801 07/21/2009 07/23/2009 MICHAELS #2744 07/22/2009 07/23/2009 TARGET 00024562 07/23/2009 07/24/2009 HOLIDAY INN ELK RIVER 07/29/2009 07/30/2009 GRAND SLAM SPORTS 07/29/2009 07/30/2009 CUB FOODS, INC. 07/23/2009 07/27/2009 VANCE BROTHERS MN 07/19/2009 07/20/2009 RAINBOW FOODS 00088526 07/28/2009 07/2912009 WWW.NEWEGG.COM 07/28/2009 07/30/2009 CUB FOODS #30104 07/21/2009 07/23/2009 ADVANCED GRAPHIC SYSTEMS 07/23/2009 07/27/2009 MICHAELS #2744 07/28/2009 07/29/2009 LOFFLER COMPANIES INC 07/20/2009 07/21/2009 MENARDS 3022 07/20/2009 07/2112009 MENARDS 3022 07/28/2009 07/2912009 INTL ASSN OF CHIEF OF POL 07/29/2009 07/31/2009 SOUTHWESTAIR5262145154650 07/27/2009 07/28/2009 S & T OFFICE PRODUCTS Total $136.83 STEVEN PRIEM $263.34 STEVEN PRIEM $65.26 STEVEN PRIEM $28.78 STEVEN PRIEM $115.42 STEVEN PRIEM $394.65 STEVEN PRIEM $188.05 STEVEN PRIEM $83.24 STEVEN PRIEM $103.72 STEVEN PRIEM $201.83 STEVEN PRIEM $1,087.10 STEVEN PRIEM {$52.43} STEVEN PRIEM $46.25 STEVEN PRIEM $34.72 STEVEN PRIEM $1,285.84 MICHAEL REILLY $466.89 MICHAEL REILLY $789.53 MICHAEL REILLY $50.17 NANCY RICHTER $31.83 AUDRA ROBBINS $45.16 AUDRA ROBBINS $411.70 AUDRA ROBBINS $467.50 AUDRA ROBBINS $24.59 AUDRA ROBBINS $408.80 ROBERT RUNNING $4.03 DEB SCHMIDT $129.99 DEB SCHMIDT $1,974.54 MICHAEL SHORTREED $125.63 PAULINE STAPLES $16.23 PAULINE STAPLES $455.28 JOANNE M SVENDSEN $16.05 RONALD SVENDSEN $53.10 RONALD SVENDSEN $375.00 DAVID J THOMALLA $189.20 DAVID J THOMALLA $71.72 KAREN WACHAL $44,512.70 Packet Page Number 89 of 127 Agenda Item M.2. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Project Description Jim Antonen, City Manager Shann Finwall, AICP, Environmental Planner Conditional Use Permit Review Hmong American Alliance Church 2515 Maplewood Drive North August 19, 2009 for the August 24 City Council Meeting The conditional use permit (CUP) for the Hmong American Alliance Church at 2515 Maplewood Drive North is due for review. The Hmong American Alliance Church purchased the Maplewood Industrial Park building at this site and renovated the building for their church which was previously located in North St. Paul. BACKGROUND September 22, 2003: The city council approved a comprehensive land use plan change from light manufacturing (M -1) to church (C), a CUP for a church, and design review for the Hmong American Alliance Church. September 13, 2004: The city council approved a CUP review. May 22, 2006: The city council approved a CUP review and requested review again after the completion of three outstanding issues including landscaping between the church and the adjacent office building to the south (which was being constructed at that time), establishment of wetland buffer plantings, and the addition of design elements. DISCUSSION The Hmong American Alliance Church completed the renovations to the building in January 2005. During the spring, summer, and fall of 2005 the church completed a majority of the exterior improvements including a sidewalk connecting the Metropolitan Transit park and ride lot to their church parking lot for shared parking between the two organizations, and the completion of the parking lot, lighting, and landscaping. The church resolved the outstanding issues from 2006, including landscaping, wetland buffer, and design elements as follows: 1. Landscaping: Once the adjacent office building was constructed in 2006, the church installed the required landscaping between the two buildings. 2. Wetland Buffer: The church planted the required native plantings within the disturbed wetland buffer in 2005 as part of the original project. However, these plantings were overtaken by weeds and never became fully established. The church worked with Virginia Gaynor, natural resources coordinator, on a wetland Packet Page Number 90 of 127 buffer re- establishment plan which included mowing and applying herbicide to the buffer in the fall of 2008, and replanting native plants in the buffer in the spring of 2009. Ms. Gaynor has inspected the buffer and finds that it meets the requirements. City staff will work with the church to monitor the buffer to ensure proper weeding and maintenance until the plants are established. 3. The church was required to implement additional design elements to the east side of the new elevated roof. This was a design review condition to distinguish the building as a church and not a manufacturing or warehouse building. With the building permit plans, the church originally submitted designs for a decorative, pre - finished metal louver screening panel in this area. This panel would have added the required design elements and screened the mechanical units. Due to budget constraints, the church was unable to complete that part of the project. In 2007 the church submitted a revised and less expensive plan for addressing the design review board's concerns, which included painting the mechanical units so they are not visible from the street and adding wall signage and the decorative Hmong American Alliance church emblem to the wall. RECOMMENDATION Approve the conditional use permit for the Hmong American Alliance Church. This conditional use permit should be reviewed again if there are changes to the original permit or if issues arise. All original conditional use permit conditions as outlined in the September 22, 2003 city council minutes apply. P: sec 9 \Hmong American Alliance Church\2009 CUP Review Attachments: 1. Location Map 2. Site Plan 3. City Council Minutes (September 22, 2003) 2 Packet Page Number 91 of 127 Attachment 1 Packet Page Number 92 of 127 Attachment 2 a - w 4", 1 ke Z / IC= r 1p;j A � � September 12, 2003, Packet Page%yjt%%q Mtg q!Rn 3 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M., Monday, September 22, 2003 (PARTIAL MINUTES) Council Chambers, Municipal Building Meeting No. 03 -22 J. UNFINISHED BUSINESS 1_ Hmong American Alliance Church (2515 Maplewood Drive) a. Comprehensive Plan Amendment (M -1 to C (church)) (4 votes) b. Conditional Use Permit C. Design Approval Acting City Manager Coleman presented the staff report. b_ Associate Planner Finwall presented specifics from the report. Kao Vang, representing the applicant was present for council questions Councilmember Wasiluk moved to adopt the land use plan change resolution changing the land use plan from light manufacturing (M-1) to Church (C) for the proposed Hmong American Alliance Church at 2515 Maplewood Drive: LAND USE PLAN CHANGE RESOLUTION 03 -09 -187 WHEREAS, J. Kau Vang, representing the Hmong American Alliance Church, made application to the City of Maplewood for a change to the city's land use plan from Light Manufacturing (M -1) to Church (C) for their church. WHEREAS, this change applies to the property located at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway b1 -1, Lot 4 WHEREAS, the history of this change is as follows: 1 _ On August 4, 2003, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. 2_ On September 22, 2003, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. City Council 09 -22 -03 Packet Page Number 94 of 127 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described land use plan change for the following reasons: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. Preserve natural features where practical. 4. Minimize conflicts between land uses. Seconded by Councilmember Koppen Ayes- Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain -Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. This resolution Mproves the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. The city bases this permit on the findings required by the code and subiect to the following conditions (staff's 9/15/03 additions are in bold and deletions are stricken): All construction shall follow the plans date - stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. b. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey /Washington Metro Watershed District. d. Met+e T+a*sit park and ride lot if a pafking shortage develops. if a sha-r-ed pa-Fking The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. The city council shall review this permit in one year. CONDITIONAL USE PERMIT RESOLUTION 03 -09 -188 WHEREAS, J. Kou Vang, representing the Hmong American Alliance Church, is requesting that Maplewood approve a conditional use permit for a church. City Council 09 -22 -03 Packet Page Number 95 of 127 WHEREAS, this permit applies to the property at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway 61 -1, Lot 4 WHEREAS, the history of this conditional use permit is as follows: 1. On August 4, 2003, the planning commission recommended that the city council approve this permit. 2. On September 22, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approves this permit because: I . The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood'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. 10. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between governmental units would be best served by such a waiver. City Council 09 -22 -03 Packet Page Number 96 of 127 Approval is subject to the following conditions: 1. All construction shall follow the plans date - stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. 2. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 3. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey /Washington Metro Watershed District. 4. The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes- Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain -Mayor Cardinal Councilmember Wasiluk moved to approve the plans date - stamped June 26, 2003, and September 12, 2403, for the Hmong American Alliance Church at 2515 Maplewood Drive North Approval is subject to the applicant doing the following (Community Design Review Board 8112103 additions to conditions are underlined and staff 9/15/03 additions are in bold and deletions are stricken): Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a grading or building permit: 1) Final grading, drainage, utility and erosion control plans that include specifications for a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. These plans shall meet the requirements of the city code and the city engineer. 2) A building permit will be required for all retaining walls on the site that exceed 4 feet in height. 3) Revised site plan showing the removal of 15 parking stalls from the west side of the lot. 4) Dedicating a wetland protection buffer easement (average 25 feet from delineated wetland) along the Class 4 wetland. This easement shall be prepared by a land City Council 09 -22 -03 Packet Page Number 97 of 127 surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a grading permit. 5) A survey completed by a registered land surveyor showing the existing conditions, wetland buffer easement, and location of the proposed parking lot. A registered land surveyor must also stake the location of the expanded parking lot and the wetland buffer easement on the property. 6) Revised building elevations showing additional design elements (such as the removal of smooth stripes and addition of windows). The revised building elevation to be approved by staff before the city issues a building permit. 7) A revised landscape /screening plan showing the following: a) The replacement of Colorado blue spruce with a similar evergreen tree. b) The replacement of all amur maples with a similar shrub. C) A 6 -foot -high, maintenance -free fence to be constructed on the north property line, from the front of the property approximately 180 feet to the west, where Deauville Drive begins in the manufactured home park. d) Revision of landscaping on the north side of the parking lot to take into account the fence, and to add an evergreen screen from the end of the fence to the wetland buffer line. The evergreen screen must create an 80 percent opaque screening from the parking lot to the residential properties to the north. e) Location of in- ground lawn irrigation system for all landscaped areas as required by city code. f) A 6 -foot -high, maintenance -free fence to be constructed on the south property line, from the front property, extending to the usable rear yard of the residential property at 2497 Maplewood Drive to provide screening for these neighbors. Location and length of fence to be approved by staff and owner of 2497 Maplewood Drive prior to installation. g) Revision of landscaping on the west side of the lot to take into account the removal of 15 parking stalls. 8) A trash enclosure plan showing the location and the materials to be used. The trash enclosure must be compatible with the building and must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 9) A revised photometrics plan showing the style and height of exterior lights. The maximum luminary allowed at the property line is .4 foot candles and the maximum height of the parking lot lights is 25 feet as measured from ground grade to the top of the luminary. City Council 09 -22 -03 Packet Page Number 98 of 127 10) Building renovation shall be approved by the city's Fire Marshal before the city issues a building hermit. 11) A shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. 12) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. The applicant shall complete the following before occupying the building: 1) Install a reflectorized stop sign at the exits and a handicap - parking sign for each handicap accessible parking stall. 2) Construct a trash enclosure to meet code requirements, unless trash dumpsters are stored indoors. 3) Provide continuous concrete curb and gutter around the parking lot and driveways. 4) Install all required landscaping, fencing, and an in- ground lawn irrigation system by June 1 if the church is finished in the fall or winter, or within six weeks of completion if it is finished in the spring or summer. 5) Install all required exterior lights. 6) Install city approved wetland signs at the edge of the wetland buffer that specifies that no building, mowing, cutting, grading, filling or dumping be allowed within the easement. 7) Paint all rooftop mechanical equipment to match the building if visible from the street or adjacent residential properties. 8) Painting the entire building, including the new raised roof addition. 9) Construction of a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. City Council 09 -22 -03 Packet Page Number 99 of 127 This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. f All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes- Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain -Mayor Cardinal City Council 09 -22 -03 Packet Page Number 100 of 127 Agenda Item M.3. MEMORANDUM TO FROM SUBJECT APPLICANT: LOCATION DATE INTRODUCTION Project Description Jim Antonen, City Manager Shann Finwall, AICP, Environmental Planner Conditional Use Permit Review Comforts of Home 2300 Hazelwood Street August 19, 2009 for the August 24 City Council Meeting The conditional use permit (CUP) for the Comforts of Home senior housing development located at 2300 Hazelwood Street is due for review. Comforts of Home is a 42 -unit, assisted living, senior housing project located at 2300 Hazelwood Street. The site was redeveloped from its original use as an Auto Glass store and an electrical contractor's office. June 12, 2006: the city council approved several land use requests for this development including a comprehensive land use plan change from business commercial to high density residential, a CUP for a planned unit development, and design review. (Refer to the June 12, 2006, city council minutes and plans attached.) June 13, 2006: the community design review board approved a comprehensive sign plan for the site, which was a condition of the planned unit development approval. June 25, 2007: the city council approved a design review amendment to allow Comforts of Home to modify the elevations to include vinyl siding instead of hardipanel board and hardishingles. DISCUSSION The Comforts of Home development was complete and began operating in the fall of 2008. The building and grounds are very attractive and the development is an asset to the community. A few outstanding items should be addressed: Silt Fence: Removal of silt fence along the south side of property, adjacent the pond. 2. Trail Repair: In order to accommodate for an emergency drainage outlet in the infiltration basin, a portion of the walking trail had to be removed. Comforts of Home still needs to repair this section of the trail. 3. Noise standards: Since the housing development was constructed next to the highway, a condition of approval was that Comforts of Home be designed to meet state noise standards. To accomplish this, the plans included a berm along Highway 61, insulated windows, and air conditioning. In order to verify that these Packet Page Number 101 of 127 measures have ensured compliance with the state noise standards, Comforts of Home is required to submit a noise study verifying the building meets state requirements. RECOMMENDATION Approve the conditional use permit for Comforts of Home and review it again in one year to ensure all outstanding conditions of approval are met including removal of silt fence, trail repair, and noise standards. All original conditional use permit conditions as outlined in the June 12, 2006, city council minutes apply. p: \com- dev \sec10 \comforts of home \2009 CUP Review Attachments: Location Map Site Plan City Council Minutes (June 12, 2006) 2 Packet Page Number 102 of 127 Attachment 1 0 W+ E Location n Map Packet Page Number 103 of 127 FA N rn rn z rn z HAZELWOO`D STREET gma _ 15 a" PARKING 5ET5ACK _ _ ACK _ O \Y / \ o rn Ash � rn $ m \X9 F I I p r R I ' S - B - I - E 04 of 1 ` 3�5� PRUr SMINARY SET I n Da I ^ N m cn a x 90 0 o_ Q a N 1 1 I \\ I rn o r-- rn y' \ Z I I \ Z I I I I I i $ m 6 � ' ° o p r R I ' S - B - I - E 04 of 1 ` 3�5� PRUr SMINARY SET I A R C H I T E C T S iii x 1n 1c xe ��� n�:: eu::, �i. ire» n:�11 �.�1i.ai1� hatis.111.f111 MINUTES Attachment 3 MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 12, 2006 Gymnasium, Carver School 2680 Upper Afton Road Meeting No. 06 -15 K. UNFINISHED BUSINESS Comforts of Home Assisted Living Facility (2300 and 2310 Hazelwood Street) Land Use Plan Change (BC to R -3(H)) (4 votes) Conditional Use Permit for Planned Unit Development Design Approval a. Planner Finwall presented the report. b. Mark Paschke, Frisbee Architects, answered council questions. c Commissioner Dierich presented the Planning Commission report. d. Boardmember Olson presented the Design Review Board report. Councilmember Cave moved to adopt the following resolution approving the proposed comprehensive land use change resolution. This resolution changes the land use plan from business commercial (BC) to high multiple dwelling residential (R -3H) for the properties at 2300 and 2310 Hazelwood Street: COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION 06 -06 -069 WHEREAS, Maplewood Comforts of Home, LLC, applied for a change to the city's land use plan from Business Commercial (BC) to High Multiple - Dwelling Residential (R -3H). WHEREAS, this change applies to the property at 2300 and 2310 Hazelwood Street in Maplewood, Minnesota. WHEREAS, the legal description for the two lots is: Parcel A: The North 200 feet of that portion of Lot 9, E.G. Roger's Garden Lots lying Southerly of the right of way of ST. H. No. 36 -118. Except that portion of the above described tract conveyed to the Village of Maplewood by Quit Claim Deed recorded May 21, 1981 as Document Number 1798958, Ramsey County, Minnesota. Parcel B: Lot 9, lying South of centerline of Highway 36 except the North 312.5 feet thereof, E.G. Roger's Garden Lots, subject to a road. WHEREAS, the history of this change is as follows: 1. On May 1, 2006, 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 the comprehensive land use amendment. 2. On June 12, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described change for the following reasons: City Council Meeting 06 -12 -06 Packet Page Number 105 of 127 1. This site is proper for and consistent with the city's policies for high - density residential use. This includes: a) Having a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single- family housing, public - assisted housing and low- to moderate - income housing, and rental and owner - occupied housing. b) Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. C) The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. d) The city's long -term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. e) It is located off an arterial street, on a collector. f) It is located near a park, open space, and wetlands. Seconded by Mayor Longrie Ayes -All Councilmember Cave moved to adopt the following resolution approving the conditional use permit for Comforts of Home Assisted Living Facility. This resolution authorizes a conditional use permit for a multiple dwelling planned unit development within the BC zoning district. The multiple dwelling development is a 42 -unit assisted living facility at 2300 and 2310 Hazelwood Street: CONDITIONAL USE PERMIT RESOLUTION 06 -06 -070 WHEREAS, Maplewood Comforts of Home, LLC, applied for a conditional use permit for a planned unit development to construct a 42 -unit, assisted living and memory care, facility within the Business Commercial zoning district for a development known as Comforts of Home. WHEREAS, this permit applies to the properties at 2300 and 2310 Hazelwood Street WHEREAS, the legal description for the two lots is: Parcel A: The North 200 feet of that portion of Lot 9, E.G. Roger's Garden Lots lying Southerly of the right of way of S.T.H. No. 36 -118. Except that portion of the above described tract conveyed to the Village of Maplewood by Quit Claim Deed recorded May 21, 1981 as Document Number 1798958, Ramsey County, Minnesota. Parcel B: Lot 9, lying South of centerline of Highway 36 except the North 312.5 feet thereof, E.G. Roger's Garden Lots, subject to a road. WHEREAS, the history of this conditional use permit is as follows: 1. On May 1, 2006, 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 the comprehensive land use amendment. City Council Meeting 06 -12 -06 Packet Page Number 106 of 127 2. On June 12, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Have the engineering department approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 11, 2006, engineering plan review. 2. All construction shall follow the plans date - stamped March 27, 2006, and with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. 3. The applicant must provide the city with verification that the assisted living facility will meet state noise standards. This can be accomplished through a study, testing or other documentation. If the noise on this site is a factor, then the applicant will have to construct the facility so it meets the standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. 4. The project is approved with a parking reduction of 59 parking spaces (84 parking spaces are required per city code, 25 parking spaces proposed). 5. The project is approved with a 359 square foot floor area reduction in the required unit floor area (580 square foot units are required per city code, 221 to 360 square foot units are proposed). 6. The project is approved with a 0.5 -foot parking space width reduction (9.5 foot wide parking spaces are required per city code, 9 -foot wide parking spaces are proposed). 7. All signs on the property must be approved by the community design review board. City Council Meeting 06 -12 -06 Packet Page Number 107 of 127 8. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 9. The city council shall review this permit in one year. Seconded by Mayor Longrie Ayes -All Mayor Longrie moved to approve the plans date stamped March 27, 2006, and the April 25, 2006, revised grading and drainage, tree preservation and landscape plans for the 42 —unit, two- story, assisted living facility (Comforts of Home) to be located at the southeast corner of Highway 36 and Hazelwood Street (currently 230012310 Hazelwood Street). Approval is subject to the applicant doing the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised plans which meet all requirements as spelled out in the May 11, 2006, engineer review including, but not limited to, entering into a development agreement with the city to ensure all construction activities conform to Maplewood's standards and to ensure an escrow is taken by the city for the cost of a 6 -foot -wide sidewalk to be constructed along the entire Hazelwood Street frontage during future Hazelwood Street construction. 2) Revised landscape plan showing the following a) The Colorado blue spruce should be changed to Black Hills spruce. b) Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre - approved native seed mixtures. C) The landscape area called out on the main floor plan in front of the entry canopies (sheet A2) should be reflected on the landscape plan. d) A planting bed should be included in the interior of the loop driveway (in between the driveway and the road). e) Two additional sugar maple trees should be planted along Hazelwood Street. f) All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must be irrigated. The landscape plan must reflect the location of all required underground irrigation sprinkler heads. g) All disturbed areas must be established with turf. h) The applicant should attempt to save the large oak tree located on the southeast side of the building (Tree #573 — 30" oak) and must take all means necessary to protect all other large trees scheduled to be preserved on the property during construction of the facility. 3) Revised site plan which shows the following: a) Site plan must match the grading and drainage plan and reflect the required berm located on the north side of the property. b) Future sidewalk to be located along the entire Hazelwood Street frontage. C) Walking trail to be located on the north side of the property, around the infiltration basin. 4) Revised floor plans showing the expansion of the three outdoor patios if possible. 5) Revised lighting and photometrics plan which shows that the height of the freestanding lights do not exceed 25 feet (measured from ground grade to the top of the lumen). City Council Meeting 06 -12 -06 Packet Page Number 108 of 127 6) Watershed district approval. 7) Building material samples. 8) The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. 9) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. C. The applicant shall complete the following before occupying the building: 1 } Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas. 4) Install all required outdoor lighting. 5) Install wetland buffer signs which indicate that no mowing, cutting, or building is permitted within the 25 -foot buffer. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. Signs are not approved with this design review approval. All signs must be approved by the community design review board before installation. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 06 -12 -06 Packet Page Number 109 of 127 Agenda Item M4 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk b ' • 11• RE: Request for Special Use Permit Introduction Brad Camitsch from the Ramsey County Sheriff's Department has applied for a special use permit to hold their annual "Fright Farm" Halloween event at the Ramsey County Extension Services Barn. The annual event will be held October 9, 10, 16, 17, 23, 24, 30, and 31, from 7:00 p.m. to 10:00 p.m. There will also be a kids day on October 25 from 12:00 noon to 4:00 p.m. Recommendation It is recommended that the permit be approved. Packet Page Number 110 of 127 Agenda Item M5 AGENDA REPORT TO: James Antonen, City Manager FROM: Lois Knutson, Administrative Assistant — Public Works Chuck Ahl, Assistant City Manager t Public Works Director SUBJECT: Century Avenue Improvements, Project 03 -15, Approval of Utility Construction and Maintenance Agreement with Ramsey County DATE: August 12, 2009 INTRODUCTION The council should consider approval of the Utility Construction and Maintenance Agreement with Ramsey County for the Century Avenue Improvements, City Project 03 -15. Discussion Service utilities including water and sanitary sewer are being aligned as part of the reconstruction project. Two residential properties (105 and 111 Century Avenue S) are currently not connected to public utilities and it is feasible to connect them at this time. Background The Counties of Ramsey and Washington together with the Community City partners of Maplewood and Woodbury are reconstructing Century Avenue (CSAH 25 in Washington County /CSAH 72 in Ramsey County) and Valley Creek Road /Lower Afton Road (CSAH 16 in Washington County /CSAH 39 in Ramsey County). The Maplewood City Council ordered the preparation of a feasibility study at the April 9, 2007 regular meeting. On June 11, 2007 the city council accepted the feasibility report and ordered the public hearing. The project was ordered to proceed at the June 25, 2007 council meeting after the public hearing was conducted. On July 28, 2008 the contract for work was awarded to Danner Inc. in the amount of $12,647,701.32. The project started in 2008 and has consisted mainly of utility relocations and pond construction. In 2009 the roadway work and signals are being installed. The agreement provides the necessary utility easements from Ramsey County to the city for the installation of the service extensions and establishes the city's responsibility for maintenance of the extensions. The staff is not aware of any concerns or issues with this agreement. RECOMMENDATION It is recommended that the City Council approve the attached Utility Construction and Maintenance Agreement with Ramsey County for the Century Avenue Improvements, City Project 03 -15, and direct the mayor and city manager to sign the agreement signifying city council approval. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Attachments 1. Cooperative Agreement (Ramsey County) 2. Location Map Packet Page Number 111 of 127 Agenda Item M5 Attachment 1 UTILITY CONSTRUCTION AND MAINTENANCE AGREEMENT FOR 105 & 111 CENTURY AVENUE S BETWEEN CITY OF MAPLEWOOD AND RAMSEY COUNTY This Agreement is made between Ramsey County, Minnesota, a political subdivision of the State of Minnesota, on behalf of the Parks and Recreation Department, 2015 North Van Dyke Street, Maplewood, MN 55109 ( "County ") and the City of Maplewood, a municipal corporation of the State of Minnesota, 1830 County Road B East, Maplewood, MN 55109 ( "City "). WHEREAS, The City in cooperation with Ramsey County, Washington County, and the City of Woodbury, is reconstructing Century Avenue from Brookview Drive to Lake Road; and WHEREAS, Service utilities including water and sanitary sewer (Utilities) are being realigned as part of the reconstruction project; and WHEREAS, Two residential properties (105 and 111 Century Ave S) ("Property"); are currently not connected to public Utilities and it is desirable and prudent to do so at this time; and WHEREAS, The City and the Ramsey County Parks and Recreation Department have reviewed alternatives for routing the Utilities to the Property and the most feasible option is to route the Utilities through Ramsey County Parks property; and WHEREAS, The Ramsey County Parks and Recreation Department desires to cooperate and has worked with the City to determine the best alignment of the Utilities to the Property; and WHEREAS, An existing easement for access to the 111 Century Avenue South property exists on County Park property and the utility alignment will be within this existing access easement; and WHEREAS, The County will not be responsible for any costs associated with the construction, maintenance, replacement or reconstruction of the Utilities. NOW, THEREFORE, in consideration of the mutual covenants and promises made herein, the parties agree as follows: SECTION 1 TERMS 1) The County grants the City permission to construct Utilities to the Property as per the attached plans, Exhibits 2) The County grants the City permission to utilize the equipment and labor necessary for construction, maintenance, replacement or reconstruction of the Utilities. Packet Page Number 112 of 127 Agenda Item M5 Attachment 1 3) The City shall keep all construction and maintenance operations within the designated limits as per Exhibit _ - -- -and make every effort to minimize areas disturbed by construction and maintenance operations within said limits. The City shall remove no trees, shrubs or site amenities for on -going maintenance or reconstruction of the Utilities unless agreed to by the County. 4) The City shall be responsible for restoration for all areas disturbed by construction and maintenance operations. All restoration shall be completed per the original construction plans and to satisfaction of the County.. 5) The City shall be responsible for all costs of construction, maintenance, replacement, reconstruction and restoration associated with said Utilities. 6) The City shall advise the County by telephone or fax a minimum of 72 hours in advance of performing non - emergency construction or maintenance activities on the Utilities. The County shall be notified by the City of emergency work within 12 hours of commencing such activities. 7) The City shall be responsible for performing all emergency maintenance activities on the Utilities in a timely manner and to the satisfaction of the County. If the City fails to respond within 4 hours of notification of an emergency condition, the County may have the emergency work completed. All costs for such work and correction of any damages shall be paid by the City. 8) The City shall be solely responsible for complying with all laws, ordinances, rules or requirements of any other Federal, State, Municipal or local agencies regarding any matters relating to said work referenced herein. 9) The City shall cap the Utilities extending to 105 Century Avenue S. at the public right -of -way upon the County's purchase of that property. The City shall cap the Utilities extending to 111 Century Avenue S. at the public right -of -way at Century Avenue upon the County's purchase of that property. SECTION 2 DURATION AND AMENDMENT 1) This Agreement may be terminated only by written agreement of both parties. 2) This Agreement may be amended in writing upon agreement of both parties. SECTION 3 MEETINGS Both parties agree to meet at the request of the other should any issue arise under this Agreement. The time and place of any such meeting shall be determined by the parties with reasonable notice to one another. The parties retain the right to conduct meetings through other electronic means as is acceptable to both parties. SECTION 4 AGREEMENT SUBJECT TO DATA PRACTICES ACT This Agreement shall be subject to the Minnesota Data Practices Act, Minnesota Statutes Chapter 13, and comparable provisions of Federal Law. 2 Packet Page Number 113 of 127 Agenda Item M5 Attachment 1 SECTION 5 INDEMNIFICAION AND INSURANCE 1) The City shall indemnify and hold the County, its officials, agents and employees harmless from any claims, suits, causes of action liabilities, damages and costs (including reasonable attorney's fees) of whatsoever nature arising out of or relating to activities, actions or inactions of the City, its agents, contractors or employees in all activities relating to on -going maintenance, replacement or reconstruction activities. This provision shall survive the expiration of this agreement. 2) The City shall provide the County with an Insurance Certificate naming the County as an "Additional Insured" which is acceptable to the County Risk Manager prior to entering County Property. SECTION 6 MEDIATION OF DISPUTES Any and all disputes between the parties, not resolved through the "meeting" process in Section 3, under and concerning this Agreement, including its formation and the entering into this mediation clause, shall be subject to mediation. The dispute shall be submitted to a mediator selected and agreed upon by the parties within thirty (30) days. In the event that the parties cannot agree to a mediator, a mediator shall be chosen by the Chief Judge of the Ramsey County District Court. The costs of mediation shall be equally divided between the parties. SECTION 7 COMPLETENESS OF THE AGREEMENT This document contains all the terms and conditions of this Agreement, and any alterations or variations of the terms of this Agreement shall be valid only if made in writing and signed by the parties. There are no other understandings, representations or agreements, written or oral, not incorporated herein. If any part of this Agreement is declared null and void by law, the remaining paragraphs of said Agreement shall be valid. SECTION 8 NOTICES Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: If to the City: City Manager City of Maplewood 1830 County Rd B E Maplewood, NIN 55109 Phone: (651) 249 -2000 3 Packet Page Number 114 of 127 Agenda Item M5 Attachment 1 If to the County: Director Ramsey County Parks and Recreation Dept. 2015 North Van Dyke St Maplewood, NIN 55109 Phone: (651) 748 -2500 Fax: (651) 748 -2508 Wherefore, the parties have executed this Agreement on the last date written below. RAMSEY COUNTY CITY OF MAPLEWOOD Jan Parker, Chair Mayor Ramsey County Board of Commissioners Date: 2008 Date: 2008 Bonnie Jackelen, Chief Clerk City Manager Ramsey County Board of Commissioners Date: 2008 Date: 2008 Approval Recommended: Gregory A. Mack, Director Parks and Recreation Department Approved As to Forin and Insurance: Assistant County Attorney Budgeting and Accounting 4 Packet Page Number 115 of 127 EXHIBIT 1 LOCATION MAP � r , BR I \kii i 71 � —4 �- f iip 4— a UPP R AF ON RD� . D z W COWEI�AFTON RD Q lY i z LU Tt f, I ( 1 _I L i x_„ -`iJ { 3 t fi r, ENE Brae. 8 6 1 PROPOSED IMPROVEMENTS t r r= � UP � t L ' =.� . F Agenda Item M5 Attachment 2 LAKE ROAD °- DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County {April 30, 2007 }, The Lawrence Group :April 30, 2007 for County parcel and property records data: April 2007 for commercial and Packet Paqe Number 116 of 127 Agenda Item N1 AGENDA REPORT TO: Jim Antonen — City Manager FROM: Steve Kummer — Civil Engineer II SUBJECT: Holloway Ave. and Stanich Highlands Area Improvements, City Project 09 -13 a. Resolution Accepting Assessment Roll and Calling Assessment Roll Hearing for September 28, 2009 b. Resolution Receiving Bids and Awarding Construction Contract c. Resolution Approving No Parking Restrictions for Holloway Avenue DATE: August 19, 2009 INTRODUCTION At the July 27, 2009 city council meeting, the council approved the final plans and specifications for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13. Council also authorized staff to advertise for bids on the project and to prepare the assessment roll. The assessment roll has been prepared and the next step in the improvement process is to order the assessment hearing. The council shall consider approving the attached resolution ordering the assessment hearing for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09- 13. The council will also consider awarding a construction contract and approving the attached resolution for no parking restrictions on Holloway Avenue. BACKGROUND The project involves the reconstruction of Holloway Avenue and streets in the Stanich Highlands Area (location map attached) including the installation of additional storm sewer and water main. Sanitary sewer main repairs and storm water treatment in the neighborhood are also included in the scope of the project. The Maplewood city council ordered the preparation of the feasibility study at the June 1, 2009 meeting. On June 22, 2009, the city council accepted the feasibility report, ordered the public hearing, ordered the project, and authorized preparation of plans and specifications. The public hearing notice was published twice and notice was sent to the property owners. The public hearing was conducted at the July 13, 2009 council meeting. On July 27, 2009, the city council approved the plans, authorized to advertise for bids, and ordered the preparation of the assessment roll. Bids were opened on Wednesday, August 19 Assessments There are 146 parcels to be assessed within the project area. The amounts proposed to be assessed for the Holloway Avenue and Stanich Highlands Area Improvements are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy approved by the council. The method of assessment is the same as had been outlined in the feasibility study. Packet Page Number 117 of 127 Agenda Item N1 The proposed assessment will be for costs relative to the street and storm sewer improvements to the benefiting properties abutting the project streets. The proposed assessments are as follows: • Properties deemed as single family dwelling use will be assessed at $6,000 per unit for Full Street Reconstruction (new concrete curb and gutter). • Properties deemed as single family dwelling use will be assessed at $4,500 per unit for Partial Street Reconstruction (existing concrete curb and gutter). • Properties deemed as single family dwelling use will be assessed at $2,230 per unit for Street Mill and Overlay. • Properties deemed as double- or multiple - dwelling use will be assessed at $90.00 per front foot for Partial Street Reconstruction (existing concrete curb and gutter). Assessment rates for each of the townhome units with the Holloway Ponds Association will be based on the front - footage of the Association's common property divided by the number of townhome units within the development that have driveway access to Holloway Avenue. • Properties deemed as double- or multiple - dwelling use will be assessed at $44.60 per front foot for Street Mill and Overlay. Assessment rates for each of the townhome units with the Holloway Ponds Association will be based on the front - footage of the Association's common property divided by the number of townhome units within the development that have driveway access to Holloway Avenue. • Properties deemed as single family dwelling use that have not been previously assessed for storm sewer will be assessed at $990.00 for Storm Sewer. o Properties deemed as double- or multiple - dwelling use that have not been previously assessed for storm sewer will be assessed at $19.80 per front foot for Storm Sewer. Assessment rates for each of the townhome units with the Holloway Ponds Association will be based on the front - footage of the Association's common property divided by the number of townhome units within the development that have driveway access to Holloway Avenue. The total amount to be assessed is $718,633.30 which is less than the $760,263.30 proposed in the feasibility study. This is due to street assessment rate adjustments for residents along Ripley Avenue from a partial reconstruction rate to a mill and overlay rate. At the public hearing on July 13, 2009, the council approved a 2 -year deferment of street and storm sewer assessments for this project. All assessments for the Holloway Avenue and Stanich Highlands Area Improvements project will become effective 2 years from the date the council adopts the assessment roll. The assessment roll spreadsheet is provided with this report. Information detailing the methods of assessment calculation is available for viewing in the office of the City Engineer. Awarding Construction Contract Final plans and specifications for the Holloway Avenue and Stanich Highlands Area Improvements were approved by the city council on July 27, 2009, and authorization was given to advertise for bids. These bids were received and subsequently opened on Wednesday, August 19, 2009. Table 1 below summarizes the bids that were received. Packet Page Number 118 of 127 Agenda Item N1 TABLE 1: BID SUMMARY 1 Tower Asphalt, Inc. $1,964,957.30 2 Arnt Construction Co., Inc. $2,084,814.50 3 T.A. Schifsk & Sons, Inc. $2,090,784.40 4 ASTECH Corp. $2,237,118.80 5 Kuechle Underground, Inc. $2,282,512.32 6 S.R. Weidema, Inc. $2,423,607.33 Engineer' Estimate $2,420,000.00 All bids have been checked and tabulated. The engineer's estimate for the work has been provided on the bottom row of Table 1 for comparison. The low bid from Tower Asphalt, Inc. of $1,964,957.30 is approximately 19% less than the engineer's cost estimate. The low bid prices reflect the continuing competitive nature in the construction market. The city has worked successfully with Tower Asphalt, Inc. in the past and the type of contract work that this project includes is suited for the type of construction that Tower Asphalt, Inc. usually contracts. Staff is comfortable with awarding the bid to Tower Asphalt, Inc. Parking Restrictions for Holloway Avenue On August 13, 2009, city staff sent out a letter to residents along the south side of Holloway Avenue between Howard Street and McKnight Road notifying them of proposed parking restrictions to be installed along the south side of Holloway Avenue upon completion of the roadway improvements. In that letter, City staff requested that residents contact them if they have concerns about the loss of parking and would like to consider having an on- street parking bay constructed adjacent to their property. Residents will be able to park along the north side of Holloway Avenue upon completion of the project. Due to the design and funding requirements set for Mn/DOT State Aid projects, "No Parking" restrictions must be set by council resolution. There would be no impact to the approved budget based on the above recommendation for contract award. The bid falls well within the approved budget for the Holloway Avenue and Stanich Highlands Area Improvements previously approved by the council. The approved budget is $3,870,000. Indirect costs for engineering, inspection, administrative, legal, and fiscal are estimated to be in the range of 25 %. SPRWS is completing approximately $350,000 of the work outside of the City's construction contract. Even assuming a 10% construction contingency, the total expenditures are expected to fall well within the approved budget; approximately $680,000 under the approved amount. If the 10% contingency (risk) factor is removed, the estimated costs are projected to be $970,000 under the approved budget. Staff is not recommending adjustment of the budget at this time. If there are limited changes during the progression of the project then staff will return to the council for a budget adjustment to reflect the savings. Packet Page Number 119 of 127 Agenda Item N1 RECOMMENDATION It is recommended that the council approve the attached resolution accepting the assessment roll as attached and calling an Assessment Hearing for September 28, 2009 at 7:00 pm for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, consider adopting the Resolution Receiving Bids and Awarding a Construction Contract, and consider adopting the Resolution Approving No Parking Restrictions for Holloway Avenue. Attachments: 1. Resolution: Accepting Assessment Roil and Ordering Public Hearing 2. Resolution: Award of Bids 3. Resolution: Adoption of No Parking Restrictions 4. Location Map 5. Assessment Roll data Packet Page Number 120 of 127 Agenda Item N1 Attachment 1 RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28 day of September, 2009, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer, and that written or oral objections will be considered. Packet Page Number 121 of 127 Agenda Item N1 Attachment 2 RESOLUTION AWARD OF BIDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Tower Asphalt, Inc. in the amount of $1,964,957.30 is the lowest responsible bid for the construction of the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council. Adopted by the council on this 24 day of August, 2009. Packet Page Number 122 of 127 Agenda Item N1 Attachment 3 RESOLUTION HOLLOWAY AVENUE — "NO PARKING" RESTRICTIONS WHEREAS, the city council approved the preparation of plans and specifications for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, in June 2009, and WHEREAS, the city will be expending Municipal State Aid funds on the improvement of Holloway Avenue from North St. Paul Road to McKnight Road; and WHEREAS, segments of said improvement do not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the city of Maplewood shall ban the parking of motor vehicles on the south side of Holloway Avenue from Howard Street to McKnight Road. Adopted by the council on this 24 day of August, 2009. Packet Page Number 123 of 127 ME= ff _110ne XA! - - - - - ------- AVE. Kn le H-a d 0 N,0R_tf 1 4 t G A VE 4th N e COPE AVE. A V E. - C�_ < PENN 3rd 7 LARK AVE. Lj < ST ■ PA L _j PL. 2nd 1 < LA URIE 9 9 r LAURIE co U Po RST < LL�j RD. A V E, < CI n A /Z , AVE. 10 < DHU� ­­ SAN RS V E_z� 02� SOUT CIO R 1). L B> y I u RKE AVE. BURKE AVE ) r L ELDR U, - 0 a' BURKE L8j z ELD RIDGE AVE. 64 _rR 605 BE LM 0 A VE. L: MONT LA. AVE, < N o /�_ . .... (-� Z- � AV E. > SK 1 L LARR�S/ A E, PROJECT SKILL VAN! A I L'i A ��9 �­ R AVE. N ROSEWOOD AVE. N AVE, Kqi000 < SHRYER SHRYEL A VE :R:O S E = 0 0 D LOCATION RYAN A 1 LA. - < AVE AVE S. 0 L COWERN 0)8 A VE. ROLL 0W IAVE. 4 7 :199 TIER NEY V SU MV AVE, 0, DOW � I KNOL 150 E I � Q E AVE. f 1 ( ] :5 < 1 , 0 z j RIPLEY AVE. !I y -7 KINGSTON 1� k * KINGSTON AVE. qi A VE. z C u PRICE AVE Li 6 DV 'n , M 29 3� 4 �_ 064 < Uj 0 < TEUR jo cj�� m LARPEN CALIF _CTRNIA AVE 0 z R, tun) 0 IDAH E. LL IDAHO AVE. CD C w D < L,J < Of LL] Z H Oy AVE ---- --- :5 E. HOYT < o t t E. IOWA A VE MONTANA AVE. < CIF­ 0�- ----------- 68 E . MONTANA AVE J". OA C E. NEBRASKA AVE. A E NEVADA A VE. o w AVF => E_ ARLINGTON AVE. AVE SHERWOOD AVF. ARLINGTON D D E. + C AVE. CO TTAG E T " E. CLEAR A VE. z Trader Court E. IVY A VE. AVE. ILSEN - -� LYAi CINTH < 0 CD 'A Lsl�' AVE: OR A I 6 City of Maplewood, Minnesota Department of Public Works Engineering Division ........... ....... .... .... ........... ... .......... PROJECT LOCATION MAP NORTH STREET IMPROVEMENTS CITY OF MAPLEWOOD CITY OF NORTH ST. PAUL Packet Page Number 124 o gXHIBIT 1 STANICH HIGHLANDS AND HOLLOWAY AVE. IMPROVEMENTS Agenda Item N 1 CITY OF MAPLEWOOD PROJECT 09 -13 Attachment 5 PRELIMINARY ASSESSMENT ROLL PARCEL ID OWNER STREET NUMBER STREET ASSESSABLE RESIDENTIAL UNITS STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 142922410061 SHERRY A BATTERMAN 1891 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420026 HELGA R KESSLER 1893 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420025 EDWARD A SAWCZUK 1895 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420027 DOROTHY J KOCH 1897 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420028 DEBRA O SELLHEIM 1899 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922410063 WESLEY NELSON 1900 FURNESS ST N 1 $990.00 $6,000.00 $6,990.00 142922420029 MARY O ARCHER 1901 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420030 JUSTIN P VANDERVEGT 1903 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420024 TERENCE R MAROLT 1905 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420023 JOHN R SANTOS 1907 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420022 JUDITH P ANDREWS 1909 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420021 JAMES R MILBRANDT 1911 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420020 BRUCE D KLUGE 1913 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420019 BONITA L POWERS 1915 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420018 ROBERT H ANDERSON 1917 FURNESS ST N 1 $660.00 $743.33 $1,403.33 142922420047 LEANNE E MEIER 2034 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420048 DENNIS E SUNDBERG 2036 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420049 DAVID G KENFIELD 2038 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420050 STANLEY R URBANSKI 2040 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420051 GARY W BASTIAN 2042 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420052 JUDY C BOLDT 2044 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420046 CAROL M AULD 2046 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420045 DANIEL J HARADON 2048 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420044 CARL A CHRISTENSEN 2050 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420043 MARIE A ERICKSON 2052 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420042 MARY A DUNLEVY 2054 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420041 ALLISON KEUNING 2056 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420053 ARLENE E PEHL 2058 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420054 ROGER W CARLE TRUSTEE 2060 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420040 DANIEL D ROMANOWSKI 2062 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420039 JAMES S WAFLER 2064 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420038 JAMES L FLLLON 2066 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420037 KENNETH J MINEHAN 2068 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420036 DEBRA A CHRISTOPHERSON 2070 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420035 ARLENE L RIVARD 2072 HOLLOWAY AVE E 1 $2,583.00 $2,583.00 142922420014 XUEWEI WU 2116 HOLLOWAY AVE E 1 $660.00 $1,486.67 $2,146.67 142922420015 MARY LYNN DORR 2118 HOLLOWAY AVE E 1 $660.00 $1,486.67 $2,146.67 142922420016 JEAN A HAYES 2122 HOLLOWAY AVE E 1 $660.00 $1,486.67 $2,146.67 142922420017 HEATHER A TETRAULT 2124 HOLLOWAY AVE E 1 $660.00 $1,486.67 $2,146.67 142922410062 FRANK M DEGEL 2170 HOLLOWAY AVE E 1 $990.00 $6,000.00 $6,990.00 142922410032 KENNETH KOMTANGHI 2180 HOLLOWAY AVE E 1 $990.00 $6,000.00 $6,990.00 142922410029 ISMAEL PORRAS 2218 HOLLOWAY AVE E 1 $990.00 $6,000.00 $6,990.00 142922410028 JOHN C SYRING 2226 HOLLOWAY AVE E 1 $990.00 $6,000.00 $6,990.00 142922410003 ERIC P MOLKENBUR 2234 HOLLOWAY AVE E 1 $990.00 $6,000.00 $6,990.00 142922410030 LYNDA L AHLGREN 1906 HOWARD STN 1 $990.00 $6,000.00 $6,990.00 142922340037 MICHAEL YANG 1907 KINGSTON AVE E 1 $6,000.00 $6,000.00 142922340038 RICHARD OTTO THOMALLA TRUSTEE 1908 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340036 MARIA L TRITCHLER 1915 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340039 BOUACHOR YANG 1916 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340035 WILLIAM D CLARKE 1921 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340040 JENNIFER VENNEMANN 1922 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340034 PAUL W BERGLUND 1929 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340041 KATHLEEN SUSAN HALEY 1930 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340033 MARGARET ELLEN HAGGERTY 1935 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340042 JAY E DELVEAUX 1936 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340032 JUDY CLARKE 1941 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340043 ROXANNE G JUNGCLAUS 1942 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340031 RICHARD RYAN 1949 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340044 DANIEL HANNEMAN 1950 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340030 MARY C GEISENHOFF TRUSTEE 1955 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340045 EUGENE J MILLER TRUSTEE 1956 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340029 JOSEPH B PRETTNER TRUSTEE 1963 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340046 PATRICK J ECKERT 1964 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340028 ROGER D MICKELSON 1969 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 Packet Page Number 125 of 127 STANICH HIGHLANDS AND HOLLOWAY AVE. IMPROVEMENTS Agenda Item N 1 CITY OF MAPLEWOOD PROJECT 09 -13 Attachment 5 PRELIMINARY ASSESSMENT ROLL PARCEL ID OWNER STREET NUMBER STREET ASSESSABLE RESIDENTIAL UNITS STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 142922340047 MARY C RISTOW 1970 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340027 THOMAS G MURPHY 1977 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340048 CAROL M BEAURLINE 1978 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340026 PERRY CATURIA 1983 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340049 AMY L JACOBSON 1984 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340025 JESTIN K DAWSON 1989 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340050 KOSHENG P YANG THAD 1990 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340051 WALLACE J MONETTE 1996 KINGSTON AVE E 1 $990.00 $6,000.00 $6,990.00 142922340024 JAMES J STEPANIAK 1997 KINGSTON AVE E 1 $2,230.00 $2,230.00 142922410060 ROBERT DAVID KRETH 1905 MCKNIGHT RD N 1 $6,000.00 $6,000.00 142922340066 STEVEN C JENSEN 1906 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340065 BRUCE G ROBERTSON 1907 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340064 KEVIN C BEITLER 1915 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340067 PATRICK M CREGAN 1916 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340063 PETER J FRANK 1921 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340068 JAMES W HUERTH 1922 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340062 NICHOLAS C STRUB 1929 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340069 TIMOTHY G JASINSKI 1930 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340061 KATIE J KOECHER 1935 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340070 MORTGAGE ELEC REG SYSTEMS INC 1936 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340060 ROBERT J FISCHER 1941 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340071 ROGER A KAPING 1942 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340059 BETTY J NADEAU 1949 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340072 JOHN G ROMANIK 1950 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340058 REGINALD J MEISSNER 1955 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340073 GARY J LONETTI 1956 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340057 JOHN R LEE 1963 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340074 MATTHEW J SMITH 1964 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340056 LISA R SEELEY 1969 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340075 KIMBERLY BERRY 1970 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340055 DANIEL M PAVEL 1977 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340100 DONALD L HARLING 1980 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340054 ROY J COWEN 1983 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340053 JAMES C KALKA 1989 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340052 WENDY S SEVERSON 1997 PRICE AVE E 1 $990.00 $6,000.00 $6,990.00 142922340010 MARLENE A LALLIER 1908 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340011 YER THAO 1916 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340012 BEE YANG 1922 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340013 JOHN J PANIAN 1930 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340014 ROBERT A CASURA 1936 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340015 KEVIN D FRID 1942 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340016 MICHAEL J ALVAREZ JR 1950 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340017 TERRY OLEARY 1956 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340018 MICHAEL W GLEWWE 1964 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340019 JOHN H LARSON 1970 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340020 BERNADINE R BERGLUND TRUSTEE 1978 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340021 SCOTT WILHELM 1984 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340022 ALAN L PETERSON 1990 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340023 MARVIN C KOPPEN 1998 RIPLEY AVE E 1 $2,230.00 $2,230.00 142922340093 DONNA M DRAKE 1685 RUTH ST N 1 $6,000.00 $6,000.00 142922340106 AMANDO JIMENEZ MARCOS 1686 RUTH ST N 1 $6,000.00 $6,000.00 142922340092 CHOUA HER THAO 1693 RUTH ST N 1 $6,000.00 $6,000.00 142922340105 DENNIS G KRUSE 1694 RUTH ST N 1 $6,000.00 $6,000.00 142922340091 BRYAN A DAVIS 1699 RUTH ST N 1 $6,000.00 $6,000.00 142922340104 ELEANOR F VAN LANINGHAM LE 1700 RUTH ST N 1 $6,000.00 $6,000.00 142922340090 GARY LEE BEARDSLEY 1707 RUTH ST N 1 $6,000.00 $6,000.00 142922340103 JOHN J DATKO 1708 RUTH ST N 1 $6,000.00 $6,000.00 142922340089 MARK D DARGIS 1713 RUTH ST N 1 $6,000.00 $6,000.00 142922340102 CHAD REMACKEL 1714 RUTH ST N 1 $6,000.00 $6,000.00 142922340088 GENE L LESLIE 1721 RUTH ST N 1 $6,000.00 $6,000.00 142922340101 DAVID E MOECKEL 1722 RUTH ST N 1 $6,000.00 $6,000.00 142922340087 ILYNE TTE M DZWONKOWSKI 1727 RUTH ST N 1 $6,000.00 $6,000.00 142922340009 ICHRISTOPHER D CLARK 1736 RUTH ST N 1 $990.00 $6,000.00 $6,990.00 142922340008 JEFFREY A EWALD 1744 RUTH ST N 1 $990.00 $6,000.00 $6,990.00 Packet Page Number 126 of 127 STANICH HIGHLANDS AND HOLLOWAY AVE. IMPROVEMENTS Agenda Item N 1 CITY OF MAPLEWOOD PROJECT 09 -13 Attachment 5 PRELIMINARY ASSESSMENT ROLL PARCEL ID OWNER STREET NUMBER STREET ASSESSABLE RESIDENTIAL UNITS STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 142922340007 SIMON Q BENNETT 1752 RUTH ST N 1 $990.00 $6,000.00 $6,990.00 142922340006 SHELLI AILEEN SOWLES 1758 RUTH ST N 1 $990.00 $6,000.00 $6,990.00 142922340005 KEVIN E ELLIS 1766 RUTH ST N 1 $990.00 $6,000.00 $6,990.00 142922340004 KEITH S ANDERSON 1772 RUTH ST N 1 $2,230.00 $2,230.00 142922340003 JACOB YANG 1780 RUTH ST N 1 $2,230.00 $2,230.00 142922340002 GARY R HANSON 1786 RUTH ST N 1 $2,230.00 $2,230.00 142922340001 GREGORY L HUPPERT 1792 RUTH ST N 1 $2,230.00 $2,230.00 142922340080 JAMES R FENWICK 1685 STANICH PL N 1 $6,000.00 $6,000.00 142922340094 EUGENE R SWANSON 1686 STANICH PL N 1 $6,000.00 $6,000.00 142922340079 BRADLEY L ROSLEE 1693 STANICH PL N 1 $6,000.00 $6,000.00 142922340095 BRUCE S HAUG 1694 STANICH PL N 1 $6,000.00 $6,000.00 142922340078 NATHAN D BLOCK 1699 STANICH PL N 1 $6,000.00 $6,000.00 142922340096 MARGARET I TAU ER TRUSTEE 1700 STANICH PL N 1 $6,000.00 $6,000.00 142922340077 JOSEPH E ROSENTHAL 1707 STANICH PL N 1 $6,000.00 $6,000.00 142922340097 JUNICHIRO H YANG 1708 STANICH PL N 1 $6,000.00 $6,000.00 142922340076 LILA J STAKE 1713 STANICH PL N 1 $6,000.00 $6,000.00 142922340098 RICHARD A GUSTAFSON 1714 STANICH PL N 1 $6,000.00 $6,000.00 142922340099 ROBERT J HANDRAHAN TRUSTEE 1722 STANICH PL N 1 $6,000.00 $6,000.00 RESIDENTIAL UNITS STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT TOTALS = 146 $74,250.00 $644,383.30 $718,633.30 MAPLEWOOD 2009 ASSESSMENT RATES: RESIDENTIAL STORM SEWER = $990.00/UNIT $990.00 RESIDENTIAL MILL AND OVERLAY = $2,230 /UNIT $2,230.00 RESIDENTIAL PARTIAL STREET RECONSTRUCTION $4,500.00 RESIDENTIAL FULL STREET RECONSTRUCTION = $ $6,000.00 MULTI- FAMILY STORM SEWER = $19.80 /FRONT FOC $19.80 MULTI- FAMILY MILL AND OVERLAY = $44.60 /FRONT $44.60 MULTI- FAMILY PARTIAL STREET RECONSTRUCTOOI $90.00 Packet Page Number 127 of 127