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2009 09-28 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, September 28, 2009 City Hall, Council Chambers Meeting No. 19 -09 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country. C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments /questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments." ,... 1. Approval of September 14, 2009 Special City Council Minutes 2. Approval of September 14, 2009, City Council Meeting Minutes 3. Approval of September 17, 2009, Special Council Meeting Minutes 4. Approval of September 17, 2009, City Council Workshop Minutes F. VISITOR PRESENTATIONS — PART 1 (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenters will be instructed to remain at the meeting until this item is re- opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G -H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation — Part 11.) 1. Reminder Of Council Manager Work Session — October 5, 2009, at 5:00 p.m. — Topic: 2010 Budget — Presentation Of Public Works Budget Request And Presentation Of Community Development — Parks Budget Request H. COUNCIL PRESENTATIONS APPOINTMENTS AND PRESENTATIONS 1. Promotion Ceremony For Sergeant Paul Thienes (No Agenda Report) 2. H1N1 Update (No Agenda Report) J. PUBLIC HEARINGS 1. Holloway And Stanich Highlands Area Improvements, Project 09 -13 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Approving Parking Restrictions K. UNFINISHED BUSINESS 1. Public Review Of Proposed Revisions Of The Wetland Ordinance 2. Consider Resolution Revising Date For Public Hearing On Tax Increment Financing For Redevelopment District No. 1 -10 For The Shores Project Within Gladstone Redevelopment Area 3. Rescind Ordinance On Purchase Limits L. NEW BUSINESS 1. Hills & Dales Area Street Improvements, City Project 09 -15, Resolution Adjusting Project Scope (Add Howard /Ripley Area) And Adjusting Budget For The Preparation Of The Feasibility Study (carried over from 9- 14 -09) 2. Council Affirmation Of Not Cutting Police And Fire Department Staffing And To Maintain Full Staff Levels — Councilmember Hjelle (carried over from 9- 14 -09) M. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of Resolution Certifying Election Judges for the November 3, 2009, Municipal General Election 3. Approval Of Temporary Gambling Permit — Good Samaritan Society — Maplewood 4. Approval of Temporary Gambling Permit — Church of The Presentation Of The Blessed Virgin Mary - Maplewood 5. Resolution Adopting Retiree Health Savings Plan For LELS Police Sergeant Employees 6. Carsgrove Meadows Area Street Improvements, Project 08 -10, Resolution Directing Modification Of The Existing Construction Contract, Change Order No. 3 7. Approval Of Purchases For Building Operations 8. Approval of Invoice For Imagewerks For Taste Of Maplewood Event Guide O. VISITOR PRESENTATION — PART 11 (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) ;Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings — elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language.,] SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 5 :00 p.m., Monday, September 14, 2009 Council Chambers, City Hall 19 -09 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 5:20 p.m. by Mayor Longrie. A a Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Councilmember Rossbach moved to approve the agenda as su Seconded by Councilmember Hjelle. Ayes — All The motion passed. UNFINISHED BUSINESS 1. Declaration of Special Meeting Topics and Intent to Close Session a. Gearin vs. Maplewood Litigation Mayor Longrie closed the meeting pursuant to Minnesota State Statute, Chapter 13 for the purpose of discussion. City Attorney, Alan Kantrud addressed the council and gave a statement regarding closing the meeting for the purpose of discussing litigation. Attorney, Robin Wolpert, Green Espel, representing the city gave a report to the city council. IN ADJOURNMENT Mayor Longrie adjourned the meeting at 6:30 p.m. September 14, 2009 CLOSED SESSION MEETING Special City Council Meeting Minutes packet page number 3 of 130 Q 13 A Am E. MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, September 14, 2009 Council Chambers, City Hall Meeting No.18 -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 6:30 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 APPROVAL OF AGENDA The following items were added or removed from the agenda 11. Moment of Silence — Councilmember Juenemann H1. Campaign Letters — Councilmember Hjelle H2. N.E.S.T. commission report — Councilmember Rossbach Councilmember Hjelle requested to remove agenda item L5 Deposition In Gearin vs. Maplewood from the agenda Mayor Longrie Seconded by Councilmember Hjelle. Ayes — All The motion passed. APPROVAL OF MINUTES Approval of August 24, 2009, City Council Meeting Minutes Councilmember Nephew had a correction on packet page 8 of 131 or page 6, inside the resolution the vote shows Ayes-All but it should be reflected that Mayor Longrie voted Nay. Councilmember Nephew moved to approve the August 24, 2009, City Council Meeting Minutes as amPnripd Seconded by Councilmember Juenemann. Ayes — All The motion passed. September 14, 2009 packet page number 4 of 130 1 City Council Meeting Minutes Approval of August 31, 2009, Special Council Meeting Minutes Councilmember Nephew moved to approve the August 31, 2009, Special Council Meeting Minutes as submitted. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstain — Councilmember Hjelle F. G. The motion passed. Approval of August 31, 2009, Council Workshop Meeting Minutes Councilmember Juenemann moved to approve the August 31, 2009, Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Rossbach. The motion passed. Ayes — Mayor Longrie Abstentions — Councilmember Hjelle & Nephew VISITOR PRESENTATIONS — PART Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling discussed articles in the Maplewood Monthly and said there are too many parks already in Maplewood and the city doesn't have money to buy another park such as Gethsemane. 2. Jason Schuller, 2360 Timber Avenue, Maplewood. Mr. Schuller spoke of the Mayor's forum where Mayoral candidates had the opportunity to speak. He also mentioned the wood smoke task force. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick talked about the litigation regarding Gearin vs. Maplewood. He also discussed City of Maplewood employees mislead the judge and he wondered what the consequences would be for that. 4. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff spoke about the Mayor's Forum at St. John's Hospital and discussed things that were brought up by Mayoral candidates. 5. Pat Downs, 992 Marnie Street South, Maplewood. Mr. Down spoke about the primary election and the code of ethics along with the candidates. ADMINISTRATIVE PRESENTATIONS 1. Clarify Start Time of City Council Manager Review Session Meeting — September 17, 2009, 5:05 p.m. Topic: Performance Review — City Manager a. City Manager, James Antonen gave specifics of the start time of the two council meetings. September 14, 2009 packet page number 5 of 130 2 City Council Meeting Minutes I:1111 J. COUNCIL PRESENTATIONS 1. Campaign Letters — Councilmember Hjelle discussed campaign material he received in the mail which he felt had attacked another individual running for office in the city of Maplewood. Councilmember Hjelle passed the material along to Maplewood Police Chief, Dave Thomalla to investigate where the campaign literature originated from. 2. N.E.S.T. Commission Report — Councilmember Rossbach reported on the N.E.S.T. meeting Thursday, September 10, 2009. He explained the service N.E.S.T. provides and said the Metropolitan Council is taking over the N.E.S.T. program. Councilmember Rossbach will provide further information at a later date. APPOINTMENTS AND PRESENTATIONS Conditional Use Permit Review — Sandy Lake Materials Storage and Recycling, County Road B West of 1 -35E a. Senior Planner, Tom Ekstrand gave specifics of the report and answered questions of the council. b. Deputy Public Works Director, City Engineer, Michael Thomson answered questions of the council. c. City Attorney, Alan Kantrud answered questions of the council. d. City Manager, James Antonen answered questions of the council. e. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. f. John Blackstone, Project Engineer for Ramsey County for the Sandy Lake Materials Storage and Recycling, answered questions of the council. g. Brad Isles, Engineering Manager for the Sandy Lake Materials Storage and Recycling, answered questions of the council. 1. Moment of Silence. Councilmember Juenemann requested that a moment of silence be recognized by the city council for North St. Paul police officer, Richard Crittenden that was killed in the line of duty on Labor Day. a. Maplewood Police Officer, Dave Thomalla gave an update on Maplewood Police Officer, Julie Olson that was injured in the line of duty. PUBLIC HEARINGS None. UNFINISHED BUSINESS Mayor Longrie asked if anyone wanted to address the council. 1. Taylor Smith, 111 Skillman Avenue, Maplewood. 2. Cheryl Babin, 150 County Road B East, Maplewood. 3. Emanuel King, 170 County Road B East, Maplewood. 4. John Hackman, 2011 Jackson Street, Maplewood. 5. Joseph Palumbo, 176 Skillman Avenue, Maplewood. 6. Easten Hance, 176 County Road B East, Maplewood. 7. Carolyn Peterson, 1801 Gervais Avenue, Maplewood. Ms. Peterson said she used to live at 1999 Jackson Street, Maplewood. She said her grandson Chris Peterson sent an email to the council which Mayor Longrie presented to the council. She said her grandson is buying her previous home. 8. Leo McCormick, 130 County Road B East, Maplewood. 9. Bob Zick, 2515 White Bear Avenue, Maplewood. September 14, 2009 packet page number 6 of 130 3 City Council Meeting Minutes 10. Wayne Christiansen, 140 County Road B East, Maplewood. Mayor Longrie moved that the city council pass a resolution which should read: We the Maplewood city council hereby determine and resolve that based upon the public testimony here today September 14, 2009, that construction activity including vibration, noise, and dust generated during any time other than that of Monday through Friday 8:00 a.m. to 5:00 p.m. is hereby a public nuisance under the city ordinances. Seconded by Councilmember Nephew. Mayor Longrie revised the motion when the city modifies the conditional use permit immediately and during this interim time period, we the Maplewood city council hereby determine and resolve that based upon the public testimony September 14, 2009, that the construction activity be limited to Monday through Friday between the hours of 8:00 p.m. to 5 p.m. Mayor Longrie said as a matter of record for findings of fact conditions having to do with excessive noise outside of the hours of operation are noise vibration, dust generation and other activities that have been detrimental to the neighborhood and the surrounding properties. Seconded by Councilmember Nephew. Ayes — All The motion passed. Councilmember Nephew moved to call County Road B West of 1 -35E. no for October 12. 2009. to consider a Seconded by Mayor Longrie. Ayes — All The motion passed. The council took a recess. The council reconvened. 2. Consider Approval of Proposed Maximum Tax Levy Payable in 2010 a. City Manager, James Antonen, introduced the item. b. Assistant City Manager, Public Works Director, Chuck Ahl gave specifics of the report. c. Deputy Public Works Director, City Engineer, Michael Thompson answered questions of the council. d. Community Development and Parks Director, DuWayne Konewko answered questions of the council. e. Finance Director, Bob Mittet answered questions of the council. Mayor Longrie asked if anyone wanted to address the council. 1. Bob Zick, 2515 White Bear Avenue, Maplewood. 2. Ralph Sletten, 2747 Clarence Street North, Maplewood. 3. Ken Smart, 940 Bartelmy Lane, Maplewood. September 14, 2009 packet page number 7 of 130 4 City Council Meeting Minutes 4. Dave Schilling, 1955 Greenbrier Street, Maplewood. 5. John Wykoff, 2345 Maryland Avenue East, Maplewood. 6. Mark Jenkins, 830 New Century Boulevard South, Maplewood. Mayor Longrie moved to approve the resolution that establishes the maximum levy for 2009 Payable in 2010 at $46,969-44 $15,546,450 as it was for 2007 and 2008. w i, 'HAW IAt nntinn This• nn�inn nrrniirinc fhn mnc� flnvihilit,: in �rlrlrnccinn T'i�,r nnnr-Is nnr! nnn h -nnrl �c h� irinn� rJicn1 -ccinnc With thn vnrin� �c rinnnr�mnnN nnr- it d, ,rinn the nnvt 2 months Seconded by Councilmember Hjelle. the Nays — Councilmembers Juenemann, Nephew & Rossbach The motion failed. Councilmember Rossbach moved to approve the maximum levy for 2009 payable in 2010 at a 5 maximum increase. RESOLUTION 09 -09 -250 PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2010 WHEREAS, State law requires that the City Cou levy for 2009 payable in 2010 by September 15 WHEREAS, the City Council has i fund and has determined the amo maximum amount that will be levi( NOW, THEREFORE, BE MAPLEWOOD THAT the $16,670,046 is hereby aK Seconded by Councilmember Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, Councilmember Hjelle The motion passed. Councilmember Nephew moved to continue the council meeting after the curfew in order to complete items K3, L2, and the Consent Agenda. Agenda items K4, L1, L3, and L4 to be continued at the next council meeting of September 28, 2009. Seconded by Councilmember Rossbach. Ayes — All The motion passed. Ayes — Mayor Longrie, Councilmember Hjelle ive preliminary approval of a proposed tax , and "`information on the Proposed Tax Levy by tax levy payable in 2010 which is the ED BY THE CITY COUNCIL OF THE CITY OF ix levy for 2009 payable in 2010 in the amount of shall be certified to the Ramsey County Auditor. September 14, 2009 packet page number 8 of 130 5 City Council Meeting Minutes 3. Set Public Hearing Dates On Proposed 2010 Budget And Property Tax Levy a. Finance Director, Bob Mittet gave specifics of the report. Councilmember Nephew moved to approve the City's 2010 Budget and Tax Levy Hearing (formerly referred to as the Truth in Taxation Hearing) on Monday, December 7, 2009, at 7:00 p.m. as part of a Special City Council Meeting. Seconded by Mayor Longrie. The motion passed. Ayes — All 4. Clarification Of City Actions Regarding Violations Of City Ordinance— Councilmember Hjelle (To be continued at the September 28, 2009, council meeting) 5. Councilmember Rossbach Deposition in Gearin vs. Maplewood — Councilmember Hjelle (Removed from the agenda by Councilmember Hjelle) NEW BUSINESS 1. Hills & Dales Area Street Improvements, Project 09 -15, Resolution Adjusting Project Scope (add Howard /Ripley area) and Adjusting Budget for the Preparation of the Feasibility Study (To be continued at the September 28, 2009, council meeting) 2. Sidewalk Improvement (English Street south of Burke Circle), Project 09 -17, Resolution Ordering Work to be done by Day Labor a. Deputy Public Works Director, City Engineer, Michael Thompson gave specifics of the report. Councilmember Nephew moved to approve the resolution ordering work to be done by day labor for the sidewalk improvement (English Street south of Burke Circle), City Project 09 -17. RESOLUTION 09 -09 -251 ORDER WORK TO BE DONE BY DAY LABOR WHEREAS, on this 14 day of September 2009, the city engineer has presented plans and specifications for the Sidewalk Improvement (English Street south of Burke Circle), City Project 09 -17, AND WHEREAS adoption of the resolution ordering work to be done by day labor shall signify approval of plans and specifications, AND WHEREAS, the estimated cost of such improvement does not exceed $25,000, and is currently estimated at $5,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: September 14, 2009 packet page number 9 of 130 g City Council Meeting Minutes 1. The city engineer shall proceed under the direction of the council, as given from time to time, to carry on all work in connection with such improvement in accordance with the plans and specifications herein approved. 2. The finance director is hereby authorized to transfer $5,000 into the Street Maintenance budget 101 - 502 - 000 -4180 from excess G.O. Improvement funds in City Project 07 -19, in order to complete the sidewalk improvement. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Approval of City Purchase of Tax Forfeiture Property, Kingston Avenue and Desoto Street (To be continued at the September 28, 2009, council meeting) 4. Council Affirmation of Not Cutting Police and Fire Department Staffing and to Maintain Full Staff Levels — Councilmember Hjelle (To be continued at the September 28, 2009, council meeting) CONSENT AGENDA 1. Councilmember Nephew Seconded by Council The motion passed. 2. Mayor Longrie Ayes — All Seconded by Council The motion passed. Ayes — All 3. Councilmember Juenemann moved to approve item 5. Seconded by Councilmember Nephew. Ayes — All The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 1,187,017.10 Checks # 79154 thru # 79204 Dated 08/14/09 thru 08/25/09 $ 128,922.65 Disbursements via debits to checking account Dated 08/14/09 thru 08/20/09 September 14, 2009 packet page number 10 of 130 7 City Council Meeting Minutes $ 255,935.50 Checks # 79205 thru # 79274 Dated 08/26/09 thru 09/01/09 $ 323,980.23 Disbursements via debits to checking account Dated 08/21/09 thru 08/27/09 $ 339,451.34 Checks # 79275 thru #79330 Dated 08/31/09 thru 09/09/09 $ 154,819.48 Disbursements via debits to checking account Dated 08/28/09 thru 09/04/09 $ 2,390,126.30 Total Accounts Payable $ 505,223.85 Payroll Checks and Direct Deposits dated 08/21/09 $ 2,129.75 $ 493,309.10 $ 2,129.75 $ 1,002,792.45 $ 3,392,918.75 Payroll Deduction check #1007594 thru #1007596 dated 08/21/09 Payroll Checks and Direct Deposits dated 09/04/09 Payroll Deduction Check #1007640 thru #1007641 Dated 09/04/09 Total Payroll GRAND TOTAL Seconded by Councilmember Juen Ayes — All The motion passed. 2. Carsgrove Meadows Area Street Improvements, Project 08 -10, Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 Councilmember Nephew moved to approve resolution directing modification of existing construction contract, change order no. 2, for city project 08 -10. RESOLUTION 09 -09 -252 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08 -10, CHANGE ORDER NO.2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 08 -10, Carsgrove Meadows Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 08 -10, Change Order No.2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: September 14, 2009 packet page number 11 of 130 8 City Council Meeting Minutes The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.2 in the amount of $135,500.00. The revised contract amount is $1,984,306.90. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. White Bear Avenue Improvements, Project 08 -13, Resolution Approving No Parking on White Bear Avenue and County Road D Councilmember Nephew moved to approve the resolution adopting No Parking restrictions on both sides of White Bear Aenue between County Road D and Radatz Avenue, and both sides of County Road D between Flandrau Street and White Bear Avenue. RESOLUTION 09 -09 -253 "NO PARKING" RESTRICTIONS WHITE BEAR AVENUE (COUNTY RD D — RADATZ AVE) COUNTY RD D (FLANDRAU ST — WHITE BEAR AVE) WHEREAS, the City Council ordered the p Avenue Improvements, City Project 08 -13 on Dec+ improvements for the White Bear r 15th , 2008; and WHEREAS, the Municipal State Aid ft White Bear Avenue and County Road D; and WHEREAS, the segment of said i State Aid standard for unrestricted parkin WHEREAS, release of expended on the improvement s not conform to the approved on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that, 1) The City of Maplewood shall ban the parking of motor vehicles on both sides of White Bear Avenue between County Road D and Radatz Avenue. 2) The City of Maplewood shall ban the parking of motor vehicles on both sides of County Road D between Flandrau Street and White Bear Avenue. Dated this 14th day of September, 2009. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 4. Resolution Accepting Donation to Volunteers in Police Service (VIPS) Program a. Maplewood Police Chief, Dave Thomalla gave the specifics of the report. Mayor Longrie moved to approve the resolution for the donation from the Qwest Foundation for their employee's participation in the Maplewood Police Department Volunteers in Police Service program. September 14, 2009 packet page number 12 of 130 9 City Council Meeting Minutes RESOLUTION 09 -09 -254 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor's terms if so- prescribed, and; WHEREAS, the Qwest Foundation wishes to grant the City of Maplewood the following: $500, and; WHEREAS, the Qwest Foundation has instructed that the City will be required to use the aforementioned for: the Maplewood Police Department Volunteers in Police Service (YIPS) program, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four- fifths majority of its governing body's membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Maplewood City Council approves, receives and acCE terms and conditions as may be requested or require The Maplewood City Council passed this re membership on September 14, 2009. Signed: esota Statute §465.03, that the ie gift aforementioned and under such four -fifths or more majority vote of its Signed: Witnessed: (Signature) (Signature) Mayor Chief of Police (Title) (Title) (Date) (Date) Seconded by Councilmember Juenemann. The motion passed. (Signature) City Clerk (Title) (Date) Ayes — All 5. Resolution Authorizing Execution of Agreement — Safe & Sober Communities Grant a. Maplewood Police Chief, Dave Thomalla gave specifics of the report. Councilmember Juenemann moved to approve the resolution authorizing execution of agreement for the safe and sober communities from October 1, 2009 through September 30, 2010. September 14, 2009 packet page number 13 of 130 10 City Council Meeting Minutes RESOLUTION 09 -09 -255 AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Maplewood Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2009, through September 30, 2010. The Chief of Police of the Maplewood Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Maplewood Police Department. Be it further resolved that the Sheriff of Ramsey County is hereby authorized to be the fiscal agent and administer this grant on behalf of the Maplewood Police Department. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on September 14, 2009. (Date Passed) SIGNED: (Signature) May( (Title) (Date) (Date) Seconded by Councilmember Nephew. Ayes — All The motion passed. 6. Approval of Temporary Gambling Permit — North Star Chapter BCCA Councilmember Nephew moved to approve the lawful gambling resolution application for the North Star Chapter BCCA. RESOLUTION 09 -09 -256 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the North Star Chapter BCCA (Brewery Collectible Club of America), 1060 McKnight Road, to be used on October 10, 2009 at Aldrich Arena, 1850 White Bear Avenue. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. WITNESSETH: (Title) erk September 14, 2009 packet page number 14 of 130 11 City Council Meeting Minutes FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 7. Conditional Use Permit Review — St. Paul's Monastery, 2675 Larpenteur Avenue East Councilmember Nephew moved to approve the conditional use permit review for St. Paul's Monastery, 2675 Larpenteur Avenue East and shall be reviewed again in one year. Seconded by Councilmember Juenemann. The motion passed. 8. Conditional Use Permit Review — St. John's Hosp Councilmember Nephew moved to approve the Seconded by Councilmember Juen The motion passed. None. O. VISITOR PRESENTATIONS — PART None. Mayor Longrie adjourned the meeting at 11:30 p.m. Ayes — All 575 Beam Avenue )ermit review for St. John's Ayes — All September 14, 2009 packet page number 15 of 130 12 City Council Meeting Minutes SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 5 :00 p.m., Thursday, September 17, 2009 Council Chambers, City Hall A. CALL TO ORDER Agenda Item E3 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. L" Fa September 17, 2009 Special City Council Meeting Minutes packet page number 16 of 130 Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Councilmember Nephew moved to approve Seconded by Mayor Longrie. The motion passed. UNFINISHED BUSINESS 1. Approval of the Election. a. City Clerk, Di Present Absent Present Present Present a as submitted. Ayes — All ing the Results of the September 15, 2009, Primary rvices Karen Guilfoile gave the report. Councilmember Nephew moved to approve the Resolution Canvassing the Results of the September 15, 2009, Primary Election Seconded by Mayor Longrie. Ayes - All ADJOURNMENT Mayor Longrie adjourned the meeting at 5:05 p.m. 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:05 p.m., Thursday, September 17, 2009 Council Chambers, City Hall Q A A CALL TO ORDER Agenda Item E4 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:06 p.m. by Mayor Longrie. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Absent Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Councilmember Nephew Seconded by Councilmember Rossbach. Ayes — All The motion passed. D. UNFINISHED BUSINESS 1. City Manager Performance Review Discussion the council. b. The city council discussed several points of the review c. City Manager, James Antonen addressed the council. a. Labor Relations Attorney, Chuck Bethel gave the presentation and answered questions of E. NEW BUSINESS None. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:50 p.m. September 18, 2009 City Council Manager Workshop Minutes packet page number 17 of 130 Agenda Item G1 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager SUBJECT: Reminder of City Council — Manager Work Session Meeting October 5, 2009 at 5:00 pm Topic: 2010 Budget — Presentations on Public Works and Community Development — Parks Proposed Budget Programs DATE: September 23, 2009 INTRODUCTION The City Council is reminded that the 2010 Budget discussion will continue on Monday, October 5 th at 5:00 pm to 7:00 pm. The purpose of this meeting is for the Public Works Budget Programs and Community Development — Parks Budget Programs to be presented to the Council for consideration and discussion. A packet of information on these programs will be sent to the City Council 3 -4 days in advance of that meeting. Each program within the proposed budget is planned to be presented to the City Council as follows: • Police Department • Fire Department • Public Works Department • Community Development — Parks Department • Administration Department • Finance Department • Information Technology Department • Citizen Services Department • Summary of 2010 Budget September 28 September 28 October 5 October 5 October 12 October 12 October 12 October 26 November 9 No action is required on this item. This is a reminder of the Council — Manager Work Session. packet page number 18 of 130 Agenda Item J1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Steve Kummer, Civil Engineer 11 SUBJECT: Holloway and Stanich Highlands Area Improvements, Project 09 -13 a. Assessment Hearing, 7 :00 p.m. b. Resolution Adopting Assessment Roll C. Resolution Approving Parking Restrictions DATE: September 18, 2009 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the October 12, 2009 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. The council will also consider 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, 2009 and the city council awarded a construction contract at their regular meeting on August 24, 2009. 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. The proposed assessment will be for costs relative to the street and storm sewer improvements to the packet page number 19 of 130 Agenda Item J1 benefiting properties abutting the project streets. The proposed assessments are as follows: o Properties deemed as single family dwelling use will be assessed at $6,000 per unit for Full Street Reconstruction (new concrete curb and gutter). o Properties deemed as single family dwelling use will be assessed at $4,500 per unit for Partial Street Reconstruction (existing concrete curb and gutter). o Properties deemed as single family dwelling use will be assessed at $2,230 per unit for Street Mill and Overlay. o 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 within 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. o 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. o 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. Assessment Objections Filed 1. As of September 22, 2009 staff has received the following objection to the proposed assessments: a) Parcel 14.29.22.42.0023 — John R. Santos, 1907 Furness Street Mr. Santos is objecting due to seeing no added property value from the project. Staff will review all objections and provide the city council recommendations for motion at the October 12, 2009 city council meeting. Objections will be received up to and as part of the assessment hearing on September 28, 2009. Once the hearing is closed, no further objections will be considered. packet page number 20 of 130 Agenda Item J1 PARKING RESTRICTIONS FOR HOLLOWAY AVENUE On August 24, 2009, the city council adopted a resolution approving no parking restrictions on the south side of Holloway Avenue from Howard Street to McKnight Road. Due to Mn /DOT State Aid requirements, no parking restrictions must also be placed on the south side of Holloway Avenue from Furness Street to Howard Street. This no parking restriction will impact four property owners along the south side of Holloway Avenue, of which two properties are corner lots with parking available on Furness Street and Howard Street. 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. BUDGET The proposed assessments are part of the project financing plan, approved in June 2009. Based on the award of the construction contract, the total expenditures are expected to fall well within the approved budget. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09- 13, and consider adopting the Resolution Approving No Parking Restrictions for Holloway Avenue. Attachments: 1. Resolution: Adopting Assessment Roll 2. Resolution: Adoption of No Parking Restrictions 3. Assessment Roll 4. Location Map 5. Assessment Objection packet page number 21 of 130 Agenda Item J1 Attachment 1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on August 24, 2009, calling for a Public Hearing, the assessment roll for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a) Parcel 14.29.22.42.0023 — John R. Santos, 1907 Furness Street Mr. Santos is objecting due to seeing no added property value from the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on October 12, 2009, as to their recommendations for adjustments. 2. The assessment roll for the Holloway Avenue and Stanich Highlands Area Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2012 and shall bear interest at the rate of 5.4 percent per annum for a date effective 2 years from the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from September 28, 2011 until December 31, 2011. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2011, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 2 years from the adoption of this resolution; and they may, at any time after October 1, 2011, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than October 15, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 28 day of September 2009. packet page number 22 of 130 Agenda Item J1 Attachment 2 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 Furness Street to Howard Street. Adopted by the council on this 28 day of September, 2009. packet page number 23 of 130 STANICH HIGHLANDS AND HOLLOWAY AVE. IMPROVEMENTS Agenda Item J 1 CITY OF MAPLEWOOD PROJECT 09 -13 Attachment 3 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 24 of 130 STANICH HIGHLANDS AND HOLLOWAY AVE. IMPROVEMENTS Agenda Item J 1 CITY OF MAPLEWOOD PROJECT 09 -13 Attachment 3 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 25 of 130 STANICH HIGHLANDS AND HOLLOWAY AVE. IMPROVEMENTS Agenda Item J 1 CITY OF MAPLEWOOD PROJECT 09 -13 Attachment 3 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 RECONSTRUCTIO1 $90.00 packet page number 26 of 130 Agenda item ii Atta. - - - - - ------- AVE KnIe H-ad AVE � t 4Lh _ _ e COPE AVE. w, �� R 4 h A VE� A VE. PE NN NN 3rd Lj LARK AVE. PL. W >1 S' PA L _j Z LAURIE Rcr. I End < < U, LAURIE RD. -5 -I 990 POP RST < Z A N I L L�j < (1, 1 n 2,376 ( / Y Jam' c Z < � /Z I A (F� AVE. L, RST A V 02� SOUTH < SANDHU ,O RD. M B . ........... RKE C) AVE. BURKE AVE. j — Cr BURKE _7 ELDR < IDGE z AVE. 0 �i --I (n- "T z ELD RIDGE M JE LLJ CENTER A VE. I, 605 64 L BEI LM IONT L:MONT LA. Cr ' > AV AVE 1 , _SK _JILLM PROJECT SKILL VA N A VE HIARR:q- A E� '9 AVE. � ROSEWOOD AE N AVE, AiooD SHRYER AVE. ✓ SHWER LOCATION V D �TAIVE R LA. RYAN R AV AVE 0 C TS PL. COWERN W Z LI W HOLL GWAY AVE. j AVE. X 7 0)8 % � TIER NEI F-� ___� I < V�S julm V AVE, 0 W Li 0 SEA DOW L �j KNOL 150 E < 1, f LEY AVE. : RIPLEY AVE. R1 — 7 KINGS TON A C KINGSTON AVE. qiAVE. 4- a:: Cn 0 0 PRICE u AVE Li DI" 'n 29 L'i 0 < Lj [if M JOQ/ 064 LARPENTEUR UO) \\N R, AVE CALIF ORNIA C) U) 0 z V) DAH X LL LL E. DAHE) AVE. Lq CD < W Of LL] IOWA !A VE Z �AVE ,� n AVE. E. HOYT t t E. HOYT� NEPNA MON < 1- z �F E . MONTANA 0 AVE AVE� C, AV OA C "I E. NEBRASKA Ld E NEVADA A VE. o w AV = 0 E ARLINGTON AVE. z o PL ARE AVE. n rT AVF� ARLI SHERWOOD NGTON j D Ll_ D er, I E. COTTAGE 1 AVE T _j R CLEA E. A VE. z Trader - - - - - - - U J Court E. Vy A VE. �o - -� d. LY AVE. 1L S D CD z AVE: n I TA 1 11 i OR L s l � Z 1 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 27 o g s �HIBIT 1 Karen Guilfbile, City Clerk Maplewood Regarding the statement of assessment for city project # 09-13. We do plan to attend the public hearing scheduled for September 28. However, I want to be clear on our position. That is, as a property owner of 1907 Furness, Holloway Pond Lot 17 Blk I We see no added value to our property once this project is complete. We only see dust, more annoyance, disruption during the project and extraneous cost for many that can least afford it. Of course, I can not speak for all of my neighbors. Please share this note with the appropriate office. Thank you for what you do. 1 3,onn x. pantos 1907 Furness Maplewood packet page number 28 of 130 Agenda Item K.1. MEMORANDUM TO: James Antonen, City Manager FROM: Shaon Finwall, AICP, Environmental Planner Virginia Gaynor, Natural Resources Coordinator SUBJECT: Public Review of Revisions to the Wetland Ordinance DATE: September 23, 2009 for the September 28 City Council Meeting INTRODUCTION Wetlands serve beneficial environmental and economic functions. They maintain water quality by filtering pollutants and reducing flooding and erosion, provide food and habitat for wildlife, provide open space for human interaction, and are an integral part of the city's environment. Development surrounding wetlands may degrade, pollute, or accelerate the aging of wetlands. Regulating land use around wetlands is therefore in the public interest. There are over 300 wetlands in the City of Maplewood. The city regulates land use around these wetlands through our wetland ordinance; which was originally adopted in 1996 and has been under review and revision by the environmental and natural resources commission and the city council since 2006. BACKGROUND The city council approved the first reading of the wetland ordinance on April 13, 2009. The city council directed staff to review eight areas of the ordinance where concerns still remained prior to a second reading of the ordinance. The city council and staff discussed several options to address the city council's concerns during a workshop on June 1. The city council came to a consensus on how to deal with six of the outstanding items and directed staff to continue to review and address the remaining two items prior to a second reading of the ordinance which include: 1) feasibility of decreased buffers as an incentive to the implementation of best management practices; and 2) regulations of wetlands around lakes. There was a great deal of citizen involvement during the city's review of the wetland ordinance, particularly from a group of residents who live near Wakefield Lake. To ensure continued citizen involvement, city staff met with a representative of the Wakefield Lake resident group, Sharon Sandeen, four times throughout the summer to discuss and review the two outstanding issues. During the city council meeting city staff and Ms. Sandeen would like to present the results of the city staff /resident discussions and possible solutions to the outstanding issues. DISCUSSION Areas of Consensus Following are the six areas of the wetland ordinance the city council expressed concern over during the April 13, 2009, first reading of the ordinance. The agreed upon solutions are described below and added to the attached revised wetland ordinance (Attachment 1): 1 packet page number 29 of 130 Review averaging — allowing averaging on only 10 percent of linear wetland buffer may be too restrictive: The revised ordinance allows averaging not to exceed a 50- foot minimum buffer on Manage A and B wetlands only with no restriction on percentage of linear wetland buffer area as follows: Manage A - 100 -foot average, 75 -foot minimum; Manage B - 75 -foot average, 50 -foot minimum; Manage C — no averaging, 50 -foot minimum. 2. Eliminate all of the 10 -foot building setback requirements from a buffer, except for the setback to a utility class wetland: The purpose of additional building setbacks from a wetland buffer is to ensure no grading takes place beyond the buffer during construction. Since the ordinance prohibits grading within a buffer, removal of this requirement does not impact the buffer due to the fact that the building must be pulled back an appropriate distance to ensure no grading disturbance occurs in the buffer. The revised ordinance removes the 10 -foot building setback requirement from buffers on Manage A, B, and C wetlands. 3. Clarify which parts of the ordinance pertain to existing residential property and which part pertain to new development: A majority of the ordinance applies to both, but there are several exemptions that are allowed for existing single - family homes only. The revised ordinance groups special residential exemptions separately for clarity. 4. Clarify that single - family homeowners are able to do work on their own property without the assistance of a contractor: This concern had to do with the requirement for the submittal of a restoration plan when mitigating wetland buffers. The ordinance stated that a restoration plan must be drafted by a professional knowledgeable in wetland restoration. The revised wetland ordinance addresses this concern by requiring such a plan for large -scale projects and new development only. 5. Consider allowing pre- existing, nonconforming single - family homes to rebuilt on the same footprint: The total destruction of a nonconforming single - family home is a rare occurrence. For this reason, allowing those homes to be rebuilt on the same footprint would cause minimal impact to Maplewood's wetlands and would also give residents assurance that their home can be rebuilt if destroyed. The revised ordinance allows pre - existing nonconforming single - family homes to be rebuilt on the existing footprint in its entirety (including foundations and decks) with the condition that the property owner work with the city to implement best management practices to help protect the wetland. 6. Better define best management practices: The best management practices were listed under average buffer strategies, but referred to as required strategies in several other sections. The revised ordinance places best management practices in a separate section and defines what strategies should be implemented for each type of project. Areas for Review Following are the two remaining areas of the wetland ordinance the city council expressed concern over during the June workshop, and solutions proposed by staff and Ms. Sandeen. The proposed solutions are described below and added to the attached revised wetland ordinance (Attachment 1): 2 packet page number 30 of 130 7. Consider regulating wetlands around lakes differently than other wetlands. Ordinance Language: The wetland classification map identifies five lakes in Maplewood with wetlands adjacent to the lake (Kohlman, Oehrline, Wakefield, Spoon, and Beaver). Properties adjacent these wetlands would be bound by the wetland and the shoreland ordinances. During the June workshop the city council reviewed two options for regulating wetlands around lakes differently: a. Include wetlands around lakes as part of the city's shoreland ordinance: The Minnesota Department of Natural Resources (DNR) is revising the state's shoreland rules. According to their website, public hearings on the draft rules should take place in spring of 2010. Once complete, local governments will be required to update their shoreland ordinances to ensure they comply with the new rules. During review of Maplewood's shoreland ordinance, the city could include regulations to protect wetlands that are adjacent a lake in the new ordinance. Until that time the city could add a sunset clause to the proposed wetland ordinance which states that wetlands adjacent a lake are regulated by the wetland ordinance until a specific date, or until the city adopts a new shoreland ordinance. b. Adopt the watershed district buffers for wetlands around lakes: For wetlands adjacent lakes, the city could adopt the watershed district's buffer requirements for wetlands. Ramsey- Washington Metro Watershed District requires the following buffers for wetlands: Manage A — 75 -foot average, 37.5 - foot minimum; Manage B — 50 -foot average, 25 -foot minimum; Manage C — 25- foot average, 12.5 -foot minimum. The city council requested that staff continue to look at these two options prior to second reading of the ordinance. In reviewing these options with Ms. Sandeen, it wasn't clear that either option would satisfy property owners located near wetlands that are adjacent lakes. The main issue for regulating these wetlands differently is that lakes are used by the public in a much different way than a wetland. Lakes are used for recreational purposes, and property owners on lakes want access to them for swimming, boating, etc. Wetlands, on the other hand, are not used for recreational purposes to the same degree as a lake and access to them is usually more passive, such as a walking path for wildlife viewing. Since this was the original concern regarding the regulation of wetlands around lakes, it seems clear that the city should review these wetlands as part of the overall lake system and that they should eventually be included in the city's shoreland ordinance. Staff estimates that the city could feasibly update our shoreland ordinance within one or two years of the date of the new state rules, which would be 2011 or 2012. Since a sunset clause is required to have a specific deadline, staff is recommending that wetlands adjacent lakes be regulated by the wetland ordinance until December 31, 2012, or until the city adopts a new shoreland ordinance, whichever comes first. The revised ordinance attached reflects this new requirement. 3 packet page number 31 of 130 8. Consider incentives for the implementation of best management practices: Ordinance Language: The ordinance does not include an incentive program for implementation of best management practices, including allowing a reduced buffer as an incentive (except through the variance process). Based on the April 13 first reading of the ordinance, it appears that there were two separate purposes for the proposal to decrease buffers as an incentive by the city council. First is the idea of reducing buffer widths if a property owner establishes best management practices on their property. Second is the idea of creating incentives for people who establish best management practices on their property. Staff will address these items separately. a. Using reduced buffers as incentive for best management practices. The suggestion to use reduced buffer widths as an incentive for residents to enhance a buffer is based on scientific literature indicating buffer quality is more important than buffer width. But a blanket statement such as this ignores the importance of the initial and final quality of a buffer. If a buffer is currently lawn, restoring a portion to native or naturalized vegetation would definitely improve the quality of the buffer. The ordinance exempts existing (nonconforming) lawn areas that are located within a buffer from most of the buffer restrictions. Thus, a reduction of buffer width in this situation would not be an incentive, since there are virtually no restrictions in the buffer. In staff discussions with Ms. Sandeen, it was clear that there was a misunderstanding about what the ordinance intended for nonconforming lawn areas. Once we clarified what could be done in nonconforming lawn areas, we all believed a buffer reduction was not relevant for nonconforming lawn areas. To help clarify what can be done on nonconforming lawn areas, staff has drafted a wetland guide to compliment the city's ordinance (Attachment 2). The guide will serve as easy review of wetland regulations for property owners. For buffers of native or naturalized vegetation, it is not clear that full -scale restoration or best management practices outside the buffer would be more effective than the existing buffer. Every situation would differ; some may maintain or enhance wetland quality, some may reduce wetland quality. One goal of the ordinance is to ensure that the quality of buffers and wetlands improves over time, rather than deteriorates. At a minimum, staff does not want to lose buffers that are currently in native or naturalized vegetation. It is impractical for us to try to develop a model that would ensure that the best management practices undertaken would mitigate the loss of a naturalized buffer. Staff and Ms. Sandeen came to an agreement that because the ordinance has few restrictions on nonconforming lawn areas and because we do not want to decrease the amount of existing naturalized buffers in the city, that we should not pursue buffer reduction as an incentive, but should look to other incentives. 4 packet page number 32 of 130 b. Creating incentives for people who establish best management practices on their property. All three of Maplewood's watershed districts offer grants to help cover the cost of best management stormwater practices on residential and commercial property. After the adoption of the wetland ordinance staff hopes to expand our partnership with the watershed districts and our programming to include increased cost - sharing and technical support for best management practices. Several incentive programs that the city could implement after adoption of the wetland ordinance were discussed with Ms. Sandeen. We determined that the key to any incentive program must include partnering or expanding on existing programs, steady funding from the environmental utility fund (EUF), and staffing. With those standards in mind, the most relevant incentive programs discussed included education, technical support (i.e., staff assisting with wetland restoration plans), cost- sharing (i.e., city and watershed district sharing in the costs of best management practices), awards and recognition, increased EUF credits, material goods and coupons (i.e., offering free or reduced price rainbarrels), services (i.e., staff conducting water quality audits), and increased incentives for neighborhood based projects. The adoption of the wetland ordinance offers an excellent opportunity for the city to begin planning for these types of best management practices incentive programs. SUMMARY As directed by the city council, the draft wetland ordinance attached addresses the city council's eight areas of concern expressed during the first reading of the ordinance in April. The ordinance has undergone thorough research, planning, and reviews by the environmental and natural resources commission, city council, staff, and residents. The end result is an ordinance that attempts to balance the protection of wetlands with the right of private land owners to use their land. City staff is grateful for the assistance of Sharon Sandeen to better understand resident concerns over the new regulations, and to guide us toward more clear and concise ordinance language. RECOMMENDATION During the September 28 public review of the draft wetland ordinance, staff and resident Sharon Sandeen will present strategies to address the remaining two concerns expressed by the city council during the June workshop including 1) feasibility of decreased buffers as an incentive to the implementation of best management practices; and 2) regulations of wetlands around lakes. In addition, the presentation will serve to clarify what impacts the new regulations have on existing properties. Staff recommends that the city council review the draft wetland ordinance and presentation, receive public comment, and offer feedback on the revisions. Final review of the draft wetland ordinance is tentatively scheduled for November. P: \com- dev \ord \environmental protection \wetland \9 -28 -09 Public Forum Staff Report Attachments: 1. Draft Wetland Ordinance (September 23, 2009) 2. Draft Wetland Ordinance Guide 5 packet page number 33 of 130 9123109 ORDINANCE NO. Attachment 1 AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION AND CRITICAL AREA ARTICLE OF THE CITY CODE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises portions of Article VII. (Environmental Protection and Critical Area) dealing with wetlands. (Changes to the city's current wetland ordinance are underlined if added and stricken if deleted. Areas where changes were made since the First Reading of the ordinance in April 2009 are in bold, with notes regarding the change found in brackets.) Findings and purposes. The findings and pwFpeses of this section are as follows: a. Wetlands serve a variety of beneficial functions. Wetlands maintain water quality by filtering pollutants and reducing flooding and erosion„ They provide food and habitat for wildlife, provide open space for human interaction, and are an integral part of the city's environment. Wetlands depending upon their type, size, and location within a watershed, may represent aFe important physical, educational, ecological, aesthetic, recreational, and economic assets to the city. The ability of a wetland to provide any of these benefits must be evaluated on a case -by -case basis because of the uniqueness of local physiographic, biological, cultural, and land use characteristics. Properly managed wetlands are needed to support the city's efforts to reduce flooding and to protect the ub They are +i ; 1 to the go health, safety, and general welfare. Surrounding development may degrade, pollute, or accelerate the aging of or eliminate wetlands. Regulating land use around wetlands is therefore in the public interest. b. Streams are also significant elements of the city's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational, and economic asset. Surrounding development may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating land use around streams is therefore in the C} � �iriRg b off ri ann ci irrn� inrlinn Uplands to the. glands Fekae public interest. ,zc�,�ers_- reEa�,,,ZZes -tit t �, �-, G„�� -.. ;-;Rd stream quality and fURGtioR and, theFefeFe, aFe in the publir-- inter C. Buffers are the lands that surround wetlands and streams which contain a protective zone of vegetation within a specified distance They are integral to maintaining the valuable functions many wetlands and streams perform and to maintaining a wetland's or stream's health Requiring buffers recognizes that the surrounding uplands impact r°'�o the wetland's and stream's quality and function and, therefore, is are in the public interest. Buffers have the following functions: RE educe the impacts of surrounding land use on wetlands and streams by stabilizing soil to prevent erosion by s • at and filtering suspended solids, nutrients, pollutants, and harmful substances. packet page number 34 of 130 Moderate+Rg water level fluctuations during storms. R� �ff °rc ;;I^^ ^ Provide essential wildlife habitat. S a— and Provide shade to reduce the temperature of both stormwater runoff and the wetland or stream. Water temperature is one of the factors controlling the ability of water to hold dissolved oxygen. This ability decreases with increasing water temperatures. The dissolved oxygen level needs to be maintained at a minimum level to maintain healthy aquatic life. Fin ally. butha rR educe the adverse impacts of human activities on wetlands and streams. 04The purposes of this section are to: a. Preserve wetlands and streams in a natural state. ab. Preserve the beneficial functions of wetlands and streams by regulating the surrounding land use within the buffered areas that are defined under this section b Reduce erosion and the resulting sediment loading to wetlands or streams by stabilizing the landscape within the buffered areas that are defined under this section. Stab th coil arni inrl wetla RdS to nr °v °n+ c +nrminr�+°r °rncinn sd. PreserveF=ilt and enhance surface water quality by reducing the input of suspended solids, nutrients, and harmfi u1 chemical substances that may adversely impact public health or aquatic habitat. from re-ar w etlands, stre a m s, an d n61hlir Baia+ °rc 4 Reduce human disturbances of wetlands and streams 19y v s e p ara ting ,a,° +I+sr,rlc; fry y aFds. ef. P- Reduce or p revent the flooding and of public and private property and to reduce or eliminate the costs that are associated with FeGla water quality improvements necessary to support the beneficial uses of impaired wetlands or streams g. Protect property values. fh. Protect beneficial plant and wildlife habitat. 4i Educate the public, including appraisers, owners, potential buyers, or developers-,t-9 regarding the development limitations of wetlands, streams, and associated buffers that are defined under this section L Encourage property owners who live adiacent to and /or near wetlands and streams to be responsible stewards including managing and enhancing the quality of buffers and restoring the buffer to a diverse planting of deep - rooted native plants. 2. Definitions: The following words, terms, and phrases when used in this section shall have the meanings ascribed to them in t his except where the context of the words, terms, and phrases clearly indicates a different meaning. Alteration means any human action that adversely affects a buffer. Alterations include, but are not limited to, the following: grading, filling, dumping, dredging, draining, cutting, pruning, topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any hazardous or toxic substance diSGharninn po ll u t°n +g °v^ °n+ c+nrmwater paving, construction, application of gravel discharging pollutants, compacting or disturbing soil through vehicle or 2 packet page number 35 of 130 equipment use, or any other human activity that adversely affects the vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include the following: a. Walking, passive recreation, fishing or other similar low- impact activities. b. Selective P Rlanting of that °7,h °n^ °° native vegetation ^„^° th pl t ^' °" � appFoved by ^i +.e s taff C. Removal of dead, dying, diseased or hazardous trees or limbs (but no vehicles or heavy equipment allowed in the buffer). 7 7 of +raac or yegetatii; that are de d 7 diseased ne xiGur, 7 ,aeaer;; or haxardalu; d. Selective pruning of trees to enhance health (not to improve aesthetics or gain a view). e. Selective removal of saplings. f. Removal of non- native shrubs, such as buckthorn, if: M there is little chance of erosion; and site is flat or has only slight slopes; and cut and treat method of removal is used on shrubs less than one -half ( " !2) inches in diameter (not pulling). g, Selective removal of herbaceous vegetation (grasses, flowers, ferns). h. Non - chemical control and removal of noxious weeds within the buffer. Refer to Section 7.a. (Best Management Practices, Manage Weeds in Buffer) regarding the use of chemical treatment. Installation of temoorary fencina without footinas. [Item d. below was removed since the first reading. It seems to take away the city's authority if "any" other regulatory body approved wetland enhancements within a buffer.] d: Best manaaement practices (BMP's) mean measures taken to minimize neaative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces. plantina of deep- rooted native plants. landscape and pavement ._.>` , SIMPTi OMSTiTRMTEMIM,iIC•37 contain a protective zone of vegetation within a specified distance Clearing means the cutting or removal of vegetation. Enhancement means an action that increases the functions and values of a wetland, stream,. or ^A °+ buffer. 3 packet page number 36 of 130 Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within forty -eight (48) hours of a storm event. Lake means an area of open, relatively deep water that is large enough to produce a wave - swept shore. Lake shall also be defined as public waters for purpose of shoreland regulations. Large -scale proiect means a mitigation or restoration proiect that encompasses more than fifty (50) percent of the wetland buffer located on a property. Lawn area means an area of mowed turf grass or other areas used for the purpose of outdoor enioyment which may include gardening, nonpermanent structures, impervious patios, and play areas. Mitigation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer, wetland, or stream. Native area means an area where native vegetation exists. Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Naturalized area means an area where naturalized vegetation exists 4a&4 waw44 and is not maintained. Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted or maintained as lawn area. It may be a native or non native species C'erwe cwei+iec are awwrewriafe in 2 huffAr and - Ramp- are Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Ordinary high water mark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Public Waters means water basins assigned a shoreline management classification by the Minnesota Department of Natural Resources commissioner under Sections 103F.201 to 103F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes. Rain garden means an infiltration basin that is planted as a garden that allows water to infiltrate within 48 hours of a storm event. Restoration means returning a wetland, stream, or buffer to a condition that is similar to that before development of the surrounding area. Selective treatment means a management action applied to only a few plants in an area, which does not result in bare soil. 4 packet page number 37 of 130 Semipublic means land that is maintained by a private oraanization for public use Setback means the minimum horizontal distance between a structure and the nearest edge of the buffer, wetland, or stream. Straight -edge setback is measurement to determine the allowable setback of an addition to an existing house, garage, deck, or driveway which is located closer to or within the required buffer setback. Straight -edge setback additions are measured by using the existing edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. T d dee Pet inr ude drainage swales n a � r �^litrhos tht rhnnol ,-� intnrmittnnt stnr=AxRtnr ri-At4ff 4 ho re�m a1,,,, 1.,� o•sm h.�r,L s shall -he f rvnrthe f the stream h;;A r Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground. Sustainable design means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best management erosion control methods approved by the city. Variance means a deviation from the standards of this section that is not specifically allowed. Vegetation means any er-gaRiG plant life growing at, below, or above the soil surface. Water quality pond means a pond that has been created to capture stormwater runoff. These are not natural wetlands. Stormwater is often piped into these ponds but may also enter through sheet runoff. These are also called utility ponds. Water quality pond edge means the normal high water level for a water quality pond. by this sert 1111 buffers shall h - e MPRAI -turd n' -t'eiRrrl from tha MARtlanrl edge Weed means a plant which is causing damage in some way to native vegetation or ecosystems. (See also noxious weed.) [ "Wetlands that are part of or adjacent to a lake" was added to the wetlands definition since the term was added to the ordinance in another section.] Wetlands means those areas of the inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, wetlands that are part of or adjacent to a lake, and similar areas as defined in the {Army Corps of Engineers regulations . 5 packet page number 38 of 130 7. Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil and other documentation of the previous existence of wetland vegetation such as aerial photographs. Wetland classes. The city defines the wetland classes used in this section as follows: Ramse - ashiRgtE3t3 Met:e k4atershed rli�- nt)l�a-ds I tnr.� 1995, f`I�cc 1 yr -ia z R A. mcr rrr e� nh� ronto ri ctinc Per the puFpeGes of this; r the U.S. Fish —;;Ad- k4ildlife , and- D-eepwateF Habitats ef the United States, FW94)IBS 79�31 (GA-;Axar4in et al, 197 GeRt tho rlocnrintiGRs anal phntGgr phs of inrotiaAd nlR-ccnc _aAd c ihnl�ccnc a. Manage A wetlands are defined as a Manage A wetland in the Ramsey- Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands are exceptional and the highest- functioninq wetlands in Maplewood. All streams in the City of Maplewood are also defined as Class A. b. Manage B wetlands are defined as a Manage B wetland in the Ramsey - Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands are high - quality wetlands. C. Manage C wetlands are defined as a Manage C wetland in the Ramsey - Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands provide moderate quality. d. Utility Class - Defined as water quality ponds. Utility class shall not include wetlands created to mitigate the loss of other wetlands. Wetland easement means a designated area that includes the wetland or buffer where disturbance from mowing, cutting, or similar activities is prohibited. Wetland functions means the natural processes performed by wetlands, such as helping food chain production, providing wildlife habitat, maintaining the availability and quality of water such as purifying water, acting as a recharge and discharge area for groundwater aquifers, and moderating surface water and stormwater flows, and performing other functions, including but 6 packet page number 39 of 130 not limited to those set out in U.S. Army Corps of Engineers regulations at 33 GFR 320 Wetland or stream edge means the line delineating the outer edge of a wetland or stream. This One ; h ;ii ns+ahrsh this line by shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands I.I.S. ER;,ReefsPd- ► c c„ci r "^Se t+e ; -Sergi The applicable watershed district must verify this line. Wet /and Management Worksheet is a worksheet which is required to be completed by a property owner who undertakes some alteration activities in a wetland buffer to be approved by city staff prior to work. 3. Applicability: This section shall apply as follows: [item a. below was added to ensure that the watershed district wetland maps are adopted as part of the ordinance, including all revisions to those maps that are based on MnRAM studies and consistent with the city's conservation goals.] a. Maolewood adopts a wetland man reflective of the wetland classifications assigned by the watershed district that has jurisdiction over each wetland which are based on the Minnesota Routine Assessment Method (MnRAM) studies. In addition, the city may adopt changes to those maps which are based on MnRAM studies and consistent with the city's conservation goals. Appeals to the wetland classifications will be reviewed by the watershed district and heard subject to the administrative review process through the district. b a-. ThcrO +,,,n shall apply, + To all property located within a wetland buffer and any person or use that would alter a wetland, stream, or buffer after adoption of these regulations ( pFil 24, 1 9 add date of adoption of new ordinance) c.b-. When any provision of any ordinance conflicts with this section, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this section. This also applies to the applicable watershed district regulations. 4. General Exemptions: This section shall not apply to the following: [This section addresses concern #4 — Organizing the ordinance better to allow for a separation of commercial versus residential uses. A majority of the ordinance pertains to all properties. However, there are certain exemptions which pertain to residential only and should be separated for residential homeowners. The exemptions are now separated by two headings "exemptions for all properties" and "exemptions for properties used for residential uses only. "] The following exemptions apply to all properties as follows: [item a. below was added to address concern #7 — how to regulate wetlands that are part of or adjacent a lake? The language added allows the city to regulate wetlands that are part of or adjacent a lake with this wetland ordinance until the city adopts a new shoreland ordinance when those wetlands can be reviewed and regulated as part of our system of lakes.] 7 packet page number 40 of 130 a. Wetlands that are part of or adiacent to a lake will be regulated by this ordinance until December 31, 2412, or until the city adopts a new shoreland ordinance to include regulation of these wetlands, whichever comes first. b. A property which is located within a wetland buffer, but is separated from the wetland by an existing road. C. A nonconforming manufactured home which is located within a wetland buffer can be replaced with a new manufactured home without approval of a variance as long as the replacement meets with the requirements of Minnesota Statutes, section 462.357, subd. 1.a. [Items d. and e. below separated nonconforming buildings and structures from nonconforming properties and lawn area for clarity.] d.7, Nonconforminq Buildings and; Structures, and Prope4ie : Any existing building or structure in lawn area ear use ^f *FGPe y not in conformity with the regulations prescribed in this chapter as of the date of the adoption of such regulation (insert date of new ordinance) shall be regarded as nonconforming and may continue. e. Nonconforming Properties and Lawn Area: IL Any existing property or lawn area not in conformity with the regulations prescribed in this chapter as of the date of the adoption of such regulation (insert date of new ordinance) shall be regarded as nonconforming and may continue. Continued use and management of such nonconforming lawn area includes an uses and activities associated with lawn and yard including uses such as gardens, plantings, or the placement of temporary structures such as play structures or sitting areas. This includes changing from one lawn use to another such as installing a play structure, installing a vegetable garden, or changing a flower bed into a lawn area. Naturalized and native areas are considered inglu -^`- in this nonconforming usesafause. Legal nonconforming lawn areas which were restored or allowed to become naturalized or native areas shall not be converted back to lawn area without approval of a variance as described in Section 9. [items f. through i. below were moved to the definition of alteration to give examples of selective treatment rather than alteration.] AILML I r I I c I I � I M am - - - - - - - - - J - -�- - - packet page number 41 of 130 Public or semipublic streets, utilities, and trails. T he city sstms+Imay waive the requirements of this ordinance for the construction or maintenance of public or semipublic streets, utilities, and trails where there would be a greater public need for the project than to meet the requirement of this section. 2-50- feet of the homer -at least ten days befere the hearing. In waiving these requirements the city seeesilshall follow the standards listed below_ -h roe „f this spr inn r�- rr�- acvrrrnr. (1) Public or semipublic streets and utilities: The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative and the following requirements are met: (a) The city council must approve the waiver to allow public or semipublic utilities or streets to be located within a buffer. Before the city council acts on the waiver the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The planning commission shall hold a public hearing for the waiver. The city staff shall notify the property owners within five hundred (500) feet of the buffer at least ten (10) days before the hearing. (b) Utility or street corridors shall not be allowed when endangered or threatened species are found in the buffer. (c) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland or stream as possible. (d) Utility or street corridor construction and maintenance shall protect the wetland, stream, or buffer and avoid large trees as much as possible. The city shall not allow the use of pesticides h°rh,, him or other hazardous or toxic substances in buffers, streams, or wetlands. In some situations the use of herbicides may be used if prior approval is obtained from city staff. (e) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city code. (f) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to road which is parallel to wetland edge. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. Mitigation actions must be met as specified in section 6 below (Mitigation and Restoration of Buffers). (2) Public or semipublic trails: The city may allow public or semipublic mate trails in buffers Trails must be approved by city staff and are subject to the following guidelines: (a) Trails shall not be allowed when endangered or threatened species are found to be present in the buffer. 1.1 r:T_�TSTIl�:S71�:T[!:T -T[�. �T�7^.LSTT.1L1rli�:TlrtlGSIT.I W 9 packet page number 42 of 130 (b) Buffers shall be expanded wh ere nes&i ° equal to the width of the trail corridor. (c) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by city staff. a # e F i+mmPl° +inn the +rail All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. (e) The trail must be designed and constructed with sustainable design methods. The trail may provide one access point to the wetland but such access shall be no more than four (4) feet wide. Lc� Boardwalks are allowed within the buffer and in the wetland and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public use. ki4 Trails nr hn ;;r pIks chRll nn4 be r e ur ted °ntir °Iv are pd th° ier °tI ;;R City staff may require additional mitigation actions as specified in section 6 below (Mitigation and Restoration Buffers). [This section addresses concern #4 — Organizing the ordinance better to allow for a separation of commercial versus residential uses. A majority of the ordinance pertains to all properties. However, there are certain exemptions which pertain to residential only and should be separated for residential homeowners. The exemptions are now separated by two headings "exemptions for all properties" and "exemptions for properties used for residential uses only. "] Following additional exemptions apply to residential uses only as follows: a. Additions to a house, garage, deck, or driveway using the existing straight -edge setbacks to a wetland or stream if the following apply: M Property is zoned or is being used as a single - family residence. There is no other reasonable alternative than encroachment toward the wetland or stream with the addition. The house, garage, deck, or driveway is a minimum of twenty -five (25) feet from the wetland or stream edge. Addition does not cause degradation of the wetland, stream, or the existing buffer. Mitigation actions must be met as specified in section 6 below (Mitigation and Restoration of Buffers). [item b. below addresses concern #5 — being able to rebuild nonconforming single- family houses in their entirety.] 10 packet page number 43 of 130 b A nonconforming single- family residential structure which loses its nonconforming status as described in Minnesota Statutes, section 462.357, subdivision 1(e) is allowed to be rebuilt on the existinq footprint in its entirety (including foundations and decks) in the buffer if the new single- family residential structure meets the following conditions: (1)Q4 Best management practices are implemented to help protect ire the wetland h "aarfcT as described in Section 7 (Best Management Practices) . -G-. ( Stan d^ Fds •wsa+ Drntpatinn Str2tegies and RestGFatk)n City staff approves the location and best management practices through the building permit process: or (2)Q4 The property owner obtains a variance from the wetland buffer requirements as allowed per Section 8 7 (Variance), Section 44 -13 of the city code, and Minnesota Statutes. C. Work within a buffer which was approved by the Minnesota Department of Natural Resources water permitting process and access to those areas by a trail which is limited to the width of the water permit. ta- Tho nnpstr--n4inn nr mniptepanno nF 0 corJimon��4inn nnnrlc nr orncinn nnn4rnl f�rili�ioc 69M P61bl 6 OF trails, whetheF built by a PUbliG ageRGY 9F pFivate developer. . L�ITETSl. _ � G�l rTa* L11�l�. TS7: C1' �1/ �'!l iSlS[��P[��'rTS1*Ja1:�Ra'.�STT_ �. _ i i 5. duffer Sstandards: Standards for this section h lffprs are as follows: a. Wetland Filling: The city does not allow the filling of wetlandsAA.Ihnrn the ,n,a4or' Q disc, rhorl h ffor I�nrl b. Minimum Buffer Widths: The minimum buffer widths shall apply to all wetlands, including those created, restored, relocated, replaced, or enhanced. C. Maintenance of Buffers: Buffers shall remain in a natural state with naturalized or native vegetation. d. Restoring Buffers or Planting in Buffers. Property owners are encouraged to enhance the quality of their buffer by restoring it to native vegetation. Restoring or planting in a buffer (lawn area, naturalized, or native) must be with native 11 packet page number 44 of 130 vegetation except as allowed for in exemptions. Restoration and planting activities in a buffer require city staff approval as follows: Existing lawn area: No approval is necessary; however, erosion control measures may be required for large -scale proiects and new development. Naturalized or native areas: Owner must submit a Wetland Management Worksheet to be approved by city staff. Proiects that will disturb the area within ten (10) feet from a wetland edge may require a restoration plan. Large -scale proiects and new development: A restoration plan approved by city staff is required (refer to Section 6, Mitigation and Restoration of Buffers). e. Wetland, Stream, or Buffer Easements: The property owner of any property affected by this section may be required to shall record wetland, stream, or buffer easements with the county. These easements shall describe the boundaries of the buffer and prohibit any building, mowing, cutting, filling, or dumping within the buffer, stream, or wetland. The owner or developer shall record such easements with a final plat, with deeds from a lot division or before the city issues a building permit for an affected property. The applicant shall submit proof that the owner or developer has filed the notice. f. Stormwater: The discharging of stormwater to a wetland or stream must comply with section 44 -1245 of the City of Maplewood ordinances (Storm Management). 2 Alterations in Buffers: The city prohibits the alteration of buffers except as allowed in g eneral exem Tho nits --,r ,nrai,ra Chic: ro rvuiro mon+ r.rh oro + ,nr;;ta rc hor•I dictrin+ has approved a permit fnr filling all nr part of a ,arntlanrdl h.�. Minimum buffers The following are the minimum required buffer widths and structure setbacks: [This section addresses concern #2 — removal of 10 -foot building setbacks from buffer setbacks.] Minimum Buffer Width Wetland Classes Manage A2 Utl& Glas-P4 & Streams ManageB3Manage Cam- Glass -� I no 4-00 ft. 50 ft 2-5-#. 4-90 ft. 10050 ft. 7525 ft. 502-0--ft. Building Foundation Structure Setback from Edge of Buffer 10ft In ft In ft 10 ft 9-ft-. 100 ft. 10 ft. 12 packet page number 45 of 130 Buffer Measurement: Buffers shall be measured horizontally from wetland or stream edge, not across the buffer landscape. On slopes greater than eighteen percent (18 %) the buffer width shall be increased to 10 feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. The G i ty Fnay rn °„irn Width tG PFE)teGt adjar.ent habitat that the Gity d-teattearmipe-Mrs, is valuable tG the wetland, stream wildlife nr vegetation [Item k. below addresses concern #1 — averaging was too restrictive. This removes the requirement that averaging can only take place on ten percent of the buffer.] ik, Al+°rn2+iir° Minimum -,n.+ Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel a iern2tWP 1;i7° hi -fFnrc may be necessary to allow for the reasonable use of the land. In such cases decreasing the minimum an a n,+ ayera*G buffer width will be n°rmi ., + ° n PerGent 10%) of the line 21: %Arn+lanrl hl lffnr Within the n'rn°) whinh will b compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. (1) The 4e e-average buffer standards set forth below may be applied based on an assessment of the following: (a) Undue hardship would arise from not allowing the average buffer alternative, or would otherwise not be in the public interest. (lb) Size of parcel. (c) Configuration of existing roads and utilities. (d) Percentage of parcel covered by wetland. (e) Configuration of wetlands on the parcel. (f) Will not cause degradation of the wetland or stream. Lc� Will ensure the protection or enhancement of portions of the buffer which are found to be the most ecolooicaliv beneficial to the wetland or stream. The following are the a4tefnative average buffer widths and- strur- ture-sethbasks: MO O Minimum Buffer Width Average Buffer Width Manage C Wetland Classes Manage A & Streams 75 ft. 100 ft. Manage B 50 ft. 75 ft. 50 ft. NIA *Thn minimum buffer widt mail be 1-cnrl on nn- More than ten (10) per of +h° lin°2r wp l2nrl huff °r ar°a l°r.2+ °A within the paFGeI 13 packet page number 46 of 130 [Item (3) below addresses concerns #3 and #6 — better defining and clarifying what best management practices residential property owners must implement. It pulls all of the best management practices originally listed in the average buffer section and places them in a separate section (Section 7 — Best Management Practices) which is referred to throughout the code for single- family and commercial uses.] The appropriateness of using the - altern.2ti n average buffers will be evaluated as part of the review of the contractor's or owner's development application. The aItnr c average buffer used must be within the spirit and intent of this code and must meet one or more of the requirements described in section 7 (Best Management Practices). bV the ^itVtO iAGI,ude, but of l;minited followinn 6 �r�4nninG- U, Stormwater Drainage Facilities: The city does not allow the construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within the buffer. 1.m, Construction Practices: Special construction practices shall be required on projects or developments adiacent to wetlands or streams and their buffers. Practices to be approved by city staff before issuance of a grading or building permit include, but are not limited to, the following: M Grading. Sequencing. Vehicle tracking platforms. Additional silt fences. Additional sediment control. a, Cnnrinn and Ginn standards m.n, Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of buffers. Such erosion control measures must remain in place until the owner and contractors have finished all development activities that may affect the buffer. n.a Wetland Signs: The city may require that a property owner or developer install wetland signs b 9efore grading or ,Aa#4�g- construction The wetland signs will be placed on the boundary between a buffer and adjacent land Gh.0 b e identifier) .,Ginn permanent GinnG These signs shall mark the edge of the buffer and shall state there shall be no mowing, cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of one- hundred 0 00) feet of wetland or stream edge. ow. Erosion Control Breaches: All erosion control measures must be maintained and inspected to ensure compliance and protection of wetlands, streams, and buffers. The contractor or owner shall be responsible for all erosion/sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. 14 packet page number 47 of 130 p.cF Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. g. r-. Erosion Control Removal: After completion of grading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. r.s It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. 6.7- Mitigation and Restoration of Buffers: The city requires mitigation for large -scale proiects or new development when a property owner or contractor h,s -altered or .. =:n alter a wetland, stream, or buffer. The property owner or contractor shall submit a mitigation and restoration plan to city staff for approval. In reviewing the plan, the city may require the following actions:+4 rlecnenrlinr. GFder Of PFeferonno a. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. b. Rectifying the impact by repairing, rehabilitating, or restoring the wed buffer. C. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. d. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at up4o a tWOORe -to -one ratio. e. Monitoring the impact and taking appropriate corrective measures. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. at a s i m il ar d eRG it y +„ th R-MG an+ hofnro ;;1 A restoration plan must be approved by the city before planting. q Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. [Item h. below was moved from Section 7 (Best Management Practices) for clarity.] h. For large -scale proiects or new development a restoration plan may need to be drafted by a professional experienced in wetland or stream restoration as deemed necessary by city staff including: M Existing vegetation. Restoration methods. Maintenance procedures proposed during first three years of establishment. Erosion control measures. List of plants to be planted. Qualifications of contractor. Only contractors with experience and success restoring wetland or stream buffers or natural vegetation shall be approved. 15 packet page number 48 of 130 Maintenance agreement which states that the owner will maintain the buffer to its improved state. The city may require a cash escrow or letter of credit to cover 150 percent of the required work. i.4;-. All strategies as lis ted i n i tem 5 . k . 3 . ( lte rna+i.rn n .rnrar.n R.. #nr\ described in Section 7 (Best Management Practices). [Section 7 below addresses concern #3 and #6 - better defining and clarifying what best management practices residential property owners must implement. It pulls all of the best management practices listed in the average buffer section and places them in a separate section (Section 7, Best Management Practices) which is referred to throughout the code for single - family and commercial uses.] 7. Best Management Practices: \A Wland orn inn Strategies and Restoration. The city requires protection and restoration when a property owner or contractor has altered or will alter a wetland, stream, or buffer (refer to section 5.d., Standards - Restoring or Plantinq in Buffers). Protection and restoration requires the application of best management practices which may include the following: The proper+„ Gw ner or non +ran +or shall submit a mitigation plan tO Gity staff fGF appFeval. 1 . - the plan, the Gity ma rnrviirn the fnllnwing aGtiGRs•iP nrrinr of Prnfnrnnr•n a. Restore afinn a buffer with native olantinas. For larae -scale aroiects or new development refer to Section 6 (Mitigation and Restoration of Buffers). Subraf lr of a hffnr rns +ora +is�n r,lan cr,r I pr;es *s tThe�lan ma�need to be vI w wa11 c� r esto acion plan. F o !aF qe wa c Existing egetat jai Restsr -2tin- ;- rpP . on /4\ Maintenannn nrne urns proposed duFinn first three •rears of v�murrrccns�rrv�prwcaurcTprv' p' v��a�ur rrrq rrr�czrrrcc�cara - aTr e�cet sii�nmc - r n iT J AI Er-o n gontrol measafes. 1f•.\ L ist ref plants to he nlan�nrl �rprarrc�avuc prurrcca . (R\ Q i Qua' ifnatr- ns Rf nona+or I no+r ORV nat_Rrs W nvnnrinnrn and ns TvTc, �a�a - rrrrva i •crvrra-- trn -- vvrrma . m�'r9"�Tman-vcv i +h � a-wrm si-nn cicper� cr�vc - a rnstorinn •xrnflaAd or stream huffnrs rar natural ernrrn +nfinn shall hn to i +s unproved- stain The Gi • maY FeguiFe a- sasla neir sired +t termer 150 PeFGeR of the required uuror4 a.b-. Manage weeds in buffer. All weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a wetland management worksheet is required, except for selective treatment. In 16 packet page number 49 of 130 addition, a weed management plan drafted by a professional experienced in wetland and stream restoration may be needed for large -scale projects or new development including: Target weeds. Appropriate management techniques, including the use of chemical treatment if approved by city staff as part of the management plan. Management schedule. Potential erosion and reseeding if management will create large areas of dead vegetation. Cash escrow or letter of credit to cover 150 percent of the required work. b. r,. Reduce Pieta- n stormwater runoff and/or improveniepA--ef the quality of stormwater runoff entering a wetland or stream. This may be achieved through the following strategies or other staff approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. Reduce amount of pavement on site (i.e. fewer parking stalls, narrower driveways, shared parking with other businesses). Use pervious pavement such as pavers or porous asphalt. Use turf pavers or modified turf areas for overflow parking. Install rain garden or infiltration basin. Install rock trench or rock pit. Install filter strip of grass or native vegetation. M Install surface sand filter or underground filter. Install native plantings on site to reduce fertilizer use and improve infiltration. Install a preen roof on buildings. Install grit chambers, sediment traps, or forebays. NInnnnnfermiRg b uildings _ moved to exemptieRs 8. Variances: Procedures for granting variances from this section are as follows: a. The city council may approve variances to the requirements in this section. All variances must follow Section 44 -13 of the city code and Minnesota Statutes. b. Before the city council acts on a variance the environmental and natural resources commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council p!aRRiRg - c- OMMRssion The planning commission s+tyseURsil shall hold a public hearing for the variance ar�ri.�rno Tho City staff shall notify the property owners within five hundred (500) 359 feet of the buffer at least ten days before the hearing. 17 packet page number 50 of 130 C. The city may require the applicant to mitigate any wetland, stream, or buffer alterat impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies as listed in Section 7 it (Best Management Practices AlinrnafiyP Average Buffer 4 � VaFiir�no he iR keenin With the G irit R O P* t - Q * o'c i contop �/ h ' Trrc c t h ^rmric acarrvrr. 9. Wetland or Buffer Suretv: The applicant shall post a wetland or buffer mitiaation surety with the city, such as a cash deposit or letter of credit, of one hundred and fifty (150) percent of estimated cost for mitigation The surety will be required based on the size of the project as deemed necessary by staff. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city code or city directive. 10. Enforcement: The city reserves the riaht to insoect the site or grooerty durina reaular cit business hours or upon notice to the property owner or its designated representative one business day in advance if the inspection is to occur at a different time for compliance with this ordinance during development or alteration. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subiect to punishment in accordance with section 1 -15. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. The city council approved the first reading of this ordinance on April 13, 2009. The city council approved the second reading of this ordinance on Diana Longrie, Mayor Attest: Karen Guilfoile, City Clerk 18 packet page number 51 of 130 _ _ '.T- 7TTR^: . T�1f:: �YSl:L�1►l- ��T��IrR.�1tT.'EffT. . I i I N I M - 4 � VaFiir�no he iR keenin With the G irit R O P* t - Q * o'c i contop �/ h ' Trrc c t h ^rmric acarrvrr. 9. Wetland or Buffer Suretv: The applicant shall post a wetland or buffer mitiaation surety with the city, such as a cash deposit or letter of credit, of one hundred and fifty (150) percent of estimated cost for mitigation The surety will be required based on the size of the project as deemed necessary by staff. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city code or city directive. 10. Enforcement: The city reserves the riaht to insoect the site or grooerty durina reaular cit business hours or upon notice to the property owner or its designated representative one business day in advance if the inspection is to occur at a different time for compliance with this ordinance during development or alteration. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subiect to punishment in accordance with section 1 -15. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. The city council approved the first reading of this ordinance on April 13, 2009. The city council approved the second reading of this ordinance on Diana Longrie, Mayor Attest: Karen Guilfoile, City Clerk 18 packet page number 51 of 130 Attachment 2 Maplewood's Wetland Ordinance What Property Owners Living Adjacent to Wetlands Should Know RAFT /23/0 Maplewood's wetland ordinance Maplewood's wetland ordinance is found in Maplewood Code, Article VII, Section 12 -310. Wetlands serve beneficial environmental and economic functions. They maintain water quality by filtering pollutants and reducing flooding and erosion, provide food and habitat for wildlife, provide open space for human interaction, and are an integral part of the city's environment. Activity surrounding wetlands may degrade, pollute, or accelerate the aging of wetlands. The information below summarizes the parts of the wetland ordinance that are particularly applicable to homeowners. What is a wetland buffer? The buffer zone is the strip of vegetation located between developed land and a lake, stream, or wetland. A good buffer protects the water or wetland, adds beauty, and provides habitat for wildlife. The best buffers have a diverse mix of native or naturalized vegetation. This protects the wetland by stabilizing the shoreline, slowing and filtering runoff, and providing habitat needed for biological processes and plant and animal life. Why does the ordinance restrict activities on naturalized buffers? The ordinance tries to balance the protection of wetlands with the right of private land owners to use their land. The city's goal is to ensure that the quality of buffers and wetlands improves overtime, rather than deteriorates. At a minimum, the city does not want to lose any buffers that are currently in native or naturalized vegetation. Thus, buffers with native or naturalized vegetation have restrictions and cannot be changed to lawn or to play areas. The ordinance allows for existing lawn and yards to be used to their full potential as lawns and yards. Residents that are currently mowing lawn to the water's edge may continue to do so; they are encouraged to restore a strip of non- mowed vegetation at the water's edge, but they are not required to do so. Why do I need to fill out a Wetland Management Worksheet to manage my naturalized buffer? Some management activities can inadvertently result in damage to a wetland (ex: erosion, herbicide drift). The ordinance permits some activities that are small scale and unlikely to lead to harm. But a Wetland Management Worksheet and staff approval is required for many activities in buffers with native or naturalized vegetation. The worksheet is intended to help residents understand the potential for damage and make sure the plans for their project have minimized that risk. packet page number 52 of 130 ACTIVITIES PERMITTED IN THE BUFFER IF BUFFER AREA IS CURRENTLY LAWN OR YARD The wetland ordinance restricts alteration of the wetland itself. It does not restrict alteration of buffer areas that are currently [as of date of ordinance] lawn or yard. Homeowners may continue to have these areas in lawn or yard and may make improvements and changes to these areas that are consistent with yard use. For example, a swing set or vegetable garden could be added to an area that is currently lawn, shrubs may be removed, a bufferfly garden could be taken out and planted as lawn. The wetland ordinance does not require that you get permission for altering areas of your buffer that are in lawn or yard. However, other city ordinances and permits may apply for activities such as grading and building walls. Projects that have potential for erosion or will have large areas of bare soil for more Insert diagram of yard than a few days should provide erosion control. If a homeowner would like to restore the buffer to native vegetation they may do so. No permission is needed for areas that are currently lawn or yard. You do not have to fill out the Wetland Management Worksheet. IF THE BUFFER CURRENTLY HAS NATIVE OR NATURALIZED VEGETATION The wetland ordinance restricts activities in buffer areas that are in native or naturalized vegetation. Native vegetation includes plant species that are indigenous to Minnesota and would have existed Insert diagram of yard here prior to European settlement. Naturalized vegetation includes plant species that exist on a site without having been planted. They may be native or non - native. See next page for permitted activities. packet page number 53 of 130 Activities in naturalized or native buffer requiring Activities permitted in naturalized or native buffer Residential Wetland Management Worksheet and staff approval The following activities are permitted in naturalized or native buffesr and do not require staff approval: 1. Selective pruning of trees to enhance health of tree, buffer, or wetland 2. Removal of dead, dying, diseased or hazardous trees or limbs (but no vehicles or heavy equipment allowed in the buffer) 3. Selective* removal of saplings <3" in diameter 4. Removal of non - native shrubs, such as buckthorn, if: a. there is little chance of erosion, and b. site is flat or has only slight slopes, and c. cut and treat method of removal is used on shrubs > %" diameter (not pulling) 5. Selective* removal of non - native herbaceous vegetation (grasses, flowers, ferns) 6. Selective* planting of native vegetation 7. Installation of temporary fencing without footings *Selective means a few individual plants or a few small patches of vegetation <3' diameter. The following activities, or others not listed to the left, require a Wetland Management Worksheet with staff approval. Many of these activities will be approved if done in conjunction with restoration or management that leads to enhancement of the buffer and/or wetland health and function. 1. Restoration of buffer to native plants 2. Removal of healthy trees 3. Removal of non- native shrubs (except as indicated in adjacent column) 4. Removal of native shrubs 5. Removal of native or non- native herbaceous vegetation (except state or county listed noxious weeds or indicated in adjacent column) 6. Planting native vegetation (except selective as indicated in adjacent column) 7. Killing existing vegetation in preparation for restoration 8. Installing stonework or retaining walls 9. Using motorized vehicles and heavy equipment 10.Grading or filling 11. Installing a trail 12. Installing boardwalk or dock 13. Mowing How do I know what my wetland's classification is? A map showing the classification for each Mpalewood wetland can be found on the city website at www.ci.maplewood.mn.us \wetlands. If you do not have web access, or if you have questions about the classifications, contact Maplewood's Community Development and Parks Department at 651 - 249 -2300. What is the buffer width for my wetland? Required buffer width is as follows: Manage A 100' minimum Manage B 75' minimum Manage C 50' minimum Utility 10' minimum Where does the buffer start? The buffer starts at the wetland edge. For existing properties, you can use the high water mark as the wetland edge. Some wetlands dry up during summer so the water's edge is not the wetland edge. In new development the wetland edge will usually need to be delineated by a professional wetland delineator. How do I know if a plant is native? A list of Minnesota native plants is maintained by the University of Minnesota Herbarium and can be accessed at: www.bellmuseum.org /plants /mn_flora.html (click on state checklist). The list includes both native and non - native plants. For property owners intending to plant native plants, it is easier to use native plant lists from Minnesota nurseries that specialize in native plants (for example: Prairie Restorations, Inc., Landscape Alternatives, or Prairie Moon Nursery.) packet page number 54 of 130 Agenda Item K2 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Consider Resolution Revising Date for Public Hearing for Tax Increment Financing Redevelopment District No. 1 -10 for The Shores Project within Gladstone Redevelopment Area DATE: September 23, 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. A second developer has now indicated their interest in working with this development group and further expanding the partnership to pursue a phased 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. On August 24, 2009, the City Council called a public hearing to discuss the establishment of a Tax Increment Financing (TIF) district for October 12, 2009. A public hearing is required prior to the consideration of TIF financing. The development group is currently reviewing financing and recently the bank that is potentially providing development funding conducted an appraisal of the property. Due to these due diligence efforts by the bank and development group, a delay in the Public Hearing date is required. It is proposed by the attached resolution to delay the public hearing from October 12 to November Stn RECOMMENDATION It is recommended that the City Council adopt the attached resolution that revised the date of the Public Hearing from October 12, 2009 to November 9, 2009 for the purpose of discussing the Tax Increment Financing District for The Shores Development proposal. Attachments: 1. Resolution packet page number 55 of 130 Agenda Item K2 Attachment EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: September 28, 2009 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on Monday, the 28` day of September, 2009 at 6 :30 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 therefore, 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 THEREFORE, THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. I -10 WITHIN DEVELOPMENT DISTRICT NO. I (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: 1. Public Hearing This Council shall meet on November 9, 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 469134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the "Act "). 2. Notice of Hearing, Filing of Program and Plan The City Manager is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, 2393505vl packet page number 56 of 130 Agenda Item K2 Attachment 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. It is hereby acknowledged that the Public Hearing previously called for October 12, 2009 for the same purpose of consideration is delayed to November 9, 2009. 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. STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) 1, the undersigned, being the duly qualified and City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's Tax Increment Financing District. WITNESS my had this day of September, 2009 City Clerk 2393505vl 2 packet page number 57 of 130 Agenda Item K2 Attachment 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 Monday, November 9, 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 therefore, the proposed establishment of Tax Increment Financing (Redevelopment) District No. I -10 (Lake Phalen Estates Project) (the "Tax Increment Financing District ") within Municipal Development District No. 1 and the proposed adoption of a Tax Increment Financing Plan therefore, 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. 2393505vl packet page number 58 of 130 Agenda Item K3 AGENDA REPORT TO: City Manager, Jim Antonen FROM: H. Alan Kantrud, City Attorney; SUBJECT: Consider Repeal of Ordinance Setting $5000 limit on City Manager DATE: September 19, 2009 INTRODUCTION The City Council directed staff to bring forward an Ordinance repealing the Ordinance passed in 2006 that placed an arbitrary $5000.00 "limit" on the spending authority of the City Manager. This matter is back before you based on that directive. DISCUSSION The City Council passed Ordinance 868 in April of 2006 to restrict the spending authority of the City Manager to $5000.00 ostensibly to require he or she obtain advance approval for purchases or expenditures in excess of that amount. A copy of the minutes of the Ordinance approval is attached. In Spring 2008 the City Council revisited this spending limit and adopted a policy that called out a higher Iimit--$10,000.00. No discussion was made at the time regarding the prior action from 2006, and the fact that an ordinance was passed, not a policy, although discussion did include references to the $5000.00 limit in effect at the time. Copies of the minutes and agenda report are attached. Questions have arisen regarding the schism that has been created by having a policy that is more lenient than an ordinance with respect to this spending authority. Unlike many Ordinances that proscribe conduct, the Ordinance that was passed in 2006 is not really appropriately an ordinance... the recourse for over- spending, by the Manager, would be council action, since the spending is technically reviewed by council during the payment of claims. Since the Manager is technically the Council's only "employee," a violation of their limits should be a review of he or she as an employee, not as a potential- misdemeanant. To that point I would recommend repeal of the ordinance, on principle, and manipulate the policy as you deem appropriate. Ordinances should not be passed that affect exactly one (1) person. The current situation is best described as harmless error. Since the vote to do either or both of the actions required to create the policy as well as the ordinance is the same simple majority, an ordinance could have been passed just as easily in 2008 as the policy was. This is your employee and your policy; I do not believe anyone in the Manager's chair has or would knowingly violate an ordinance or policy and I do not think anyone has broken the law. RECOMMENDATION Staff has presented the attached Ordinance at Council's request for action and recommends passage and waiver or second reading. Attachments: 1. Proposed Ordinance; 2. Minutes from April; 3. Minutes from February 28, 2008; 4. Agenda Report L6 (from 2128108) packet page number 59 of 130 Agenda Item K3 Attachment 1 ORDINANCE AN ORDINANCE REPEALING ORDINANCE 868 THAT RESTRICTED THE CITY MANAGER'S DISCRETIONARY SPENDING AUTHORITY TO $5000.00 OR LESS BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MAPLEWOOD THAT: Section 2- 102(G) of the Maplewood City Code, as codified by passage of Ordinance 868 {2006) is hereby REPEALED. PASSED, APPROVED, AND ADOPTED THIS 28 DAY OF SEPTEMBER, 2009. DIANA LONGRIE, MAYOR (SEAL) ATTEST: KAREN GUILFOILE, CITY CLERK packet page number 60 of 130 2. City Manager Purchasing Authority Ordinance — Second Reading a. City Manager Fursman presented the report. b. Finance Director Faust presented specifics from the report. Councilmember Rossbach moved to adopt the second reading of the Purchasing Authority Ordinance and changing the $5, 000 limit (item iii) to $10,000. Seconded by Councilmember Juenemann Ayes-Council members Juenemann and Rossbach Nays -Mayor Longrie, Councilmembers Cave and Hjelle Motion failed. Mayor Longrie moved to adopt the second reading of the following Purchasing Authority Ordinance: ORDINANCE 868 AN ORDINANCE AMENDING SECTION 2- 102(G) OF THE MAPLEWOOD CITY CODE. THE CITY OF MAPLEWOOD ORDAINS: SECTION 1. Section 2 -102 of the Maplewood City Code is amended as follows: Sec. 2 -102 (g) The city manager shall keep the council fully advised as to the financial condition and needs of the city, and he shall prepare and submit to the council the annual budget. The city manager shall be the chief purchasing agent of the city. All purchases for the city and all contracts shall be made or let by the manager when: (i) The purchase or contract is: (1) made in furtherance of obligations previously approved by the council; (2) periodic payment of an existing City obligation (e.g. utilities, sewage treatment, insurance premiums, debt payments); (3) necessary to invest surplus balances; (4) solely for the purpose of transmitting money or fees received or collected for other entities; (5) for the payment of taxes, charges, or similar obligations due to other units of government. (6) payment for postage; (7) payment for or retention of legal counsel related to the issuance of municipal bonds; (8) payment for or retention of financial consultant services related to the issuance of municipal bonds; (9) required to be made or let prior to the next regular meeting of the council in order to avoid endangering public safety, damaging public or private property, or interrupting City services. (ii) The amount of the purchase or contract does not exceed five thousand dollars ($5,000.00), for all other purchases or contracts. City Council Meeting 04 -10 -06 packet page number 61 of 130 {iii} All claims resulting from a purchase made or contract let by the city manager shall be audited and approved by the council as provided by law. SECTION 2. Effective Date. This ordinance shall take effect from and after its passage and publication. Seconded by Councilmember Cave Ayes- Mayor Longrie, Councilmembers Cave and Hjelle Nays - Councilmember Juenemann and Rossbach City Council Meeting 04 -10 -06 packet page number 62 of 130 6. Consider Increasing Expenditure Limit for Staff from $5,000 to $10,000. a. Acting City Manager, Chuck Ahl gave the report. Councilmember Juenemann moved to approve increasing the financial limit for purchases allowed by staff without Council approval, provided there is an appropriate budget allocation, from the current limit of $5,000 to $10,000. Seconded by Councilmember Rossbach. Ayes — Councilmembers Juenemann, Nephew & Rossbach. Nays — Mayor Longrie & Councilmember Hjelle The motion passed. Mayor Longrie said in a Plan B City, one of the primary duties as a council is to be aware of how city money is being spent and to monitor that. She may have considered this if there was a policy in the City Council Policy Handbook that stated that any spending that was done under the $10, 000 on a monthly basis it is the expectation that this information would be sent to the council in an email to inform the council of expenditures that fall under the $5,000-$ 10, 000 range. February 28, 2008 City Council Meeting Minutes Continuance of February 25, 2008 Meeting packet page number 63 of 130 Agenda Item K3 Attachment 4 Agenda Item L6 AGENDA REPORT TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Consider Increasing Expenditure Limit for Staff from $5,000 to $10,000 DATE: February 20, 2008 INTRODUCTIONISUMMARY The current Council requirement for Council approval of all expenditures is at the $5,000 Limit. State Statute says this limit is at $20,000 unless an alternate amount is set by the Council. In 2006, the City Council set the $5,000 amount. It is proposed to increase this limit to $10,000. The justification is that many routine budget items such as paper purchases, manhole cover replacements, annual memberships, large vehicle repairs, and bituminous roadway patching materials are requiring delays and staff time to process reports [to note just a few recent reports to the Council]. This seem routine business that staff could approve, and still maintain the necessary budget controls. RECOMMENDATION 1. It is recommended that the City Council adopt a motion approving an increase in the financial limit for purchases allowed by staff without Council approval, provided there is an appropriate budget allocation, from the current limit of $5,000 to $10,000. packet page number 64 of 130 Agenda Item L1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Deputy Public Works Director Steven Love, Civil Engineer II SUBJECT: Hills & Dales Area Street Improvements, Project 09 -15, Resolution Adjusting Project Scope (add Howard /Ripley area) and Adjusting Budget for the Preparation of the Feasibility Study DATE: September 1, 2009 INTRODUCTION On August 10, 2009 the City Council passed a resolution ordering the preparation of the feasibility study for the Hills & Dales Area Street Improvements, City Project 09 -15. The Hills & Dales Area Streets generally lie south of State Trunk Highway No. 36 between Day Road and English Street (see attached Location Map — Hills & Dales Area). The city council will consider adding a second area to the scope of the 09 -15 project. Area #2 consisting of Ripley Avenue between Furness Street and McKnight Road and Howard Street between Holloway Avenue and Larpenteur Avenue (see attached Location Map - Area #2), are listed in the Maplewood Capital Improvement Plan as a proposed project for the 2010 construction season. Staff is recommending adding Area #2 to the Hills & Dales Area Street Improvements, City Project 09- 15 as a means to reduce costs by consolidating project administration. The city council will consider adding Area #2 to the scope of the Hills & Dales Area Street Improvements, City Project 09 -15 by approving the attached resolution and increasing the budget for the preparation of the feasibility study for City Project 09 -15 and combining projects. BACKGROUND Area #2 streets have continued to deteriorate over the years with the streets having a current weighted average Pavement Condition Index (PCI) rating of 36 (on a scale from 1 to 100). The Public Works Department continues to spend a considerable amount of time maintaining these streets by patching potholes in severe areas to sustain a minimum level of service. There is very little storm sewer in the project area with the majority of the street runoff flowing across the road surface and adjacent to residential yards. The minimal amount of storm sewer, little to no curb and gutter, and in some areas a lack of a defined crown in the road have contributed to the deterioration of the streets by allowing water to pond in the street section. This has lead to increased degradation due to freeze thaw cycles. The majority of the street runoff flows untreated off of neighborhood streets and is discharged to regional water bodies. To address the issues within this neighborhood a full reconstruction of the road is needed as identified in the adopted CIP. This project would consist of approximately 0.7 miles of full street reconstruction. It is necessary to fully reconstruct these streets to improve serviceability and drainage, meet city standards, and relieve the maintenance department of continual repairs. Stormwater quality features will also be needed in this area to reduce the amount of pollutants and excess nutrients that currently flow untreated off of the neighborhood streets. packet page number 65 of 130 Agenda Item L1 Staff will initiate the project process and feasibility study by sending an information letter to the neighborhood residents. Late this summer the engineering department will begin topographic surveys and preliminary engineering studies of the project area. Staff will follow up with several neighborhood meetings late this summer and into the fall as the feasibility study is being completed. It is anticipated that the public hearing will be held late this year or early next year. As a part of the feasibility study staff will also review Furness Street (current PCI rating of 36) to determine if it is warranted to include the portion of Furness Street lying between Holloway Avenue and Ripley Avenue as part of the overall neighborhood improvements. BUDGET Given that the project area consists of approximately 0.7 miles of roads, staff is recommending to add Area #2 to scope of the Hills & Dales Area Street Improvements, City Project 09 -15 as a means of reducing costs associated with managing the project, coordination, and staff manpower. Staff would recommend increasing the current not -to- exceed project budget of $80,000.00, established for City Project 09 -15, by $20,000.00 totaling a not -to- exceed project budget of $100,000.00 for the project development. This amount will cover topographic surveying, preliminary engineering required for completing the feasibility study, neighborhood meetings, televising of existing storm sewer and sanitary sewer systems, soil borings, and wetland delineations. RECOMMENDATION Staff recommends approval of the attached resolution increasing the scope of the project and also recommends adjusting the not -to exceed budget for the preparation of the feasibility study for the Hills & Dales Area Street Improvements, Project 09 -15. Attachments: 1. Resolution: Preparation of Feasibility Study 2. capital Improvement Plan - Project Details 3. Location Map (Hills & Dales Area) 4. Location Map (Area #2) packet page number 66 of 130 Agenda Item L1 Attachment 1 RESOLUTION INCREASING THE SCOPE OF THE PROJECT AND BUDGET ADJUSTMENT FOR THE PREPARATION OF FEASIBILITY STUDY WHEREAS, it is proposed to add the Howard /Ripley Area Streets as identified in the adopted 2010 CIP to the scope of the Hills & Dales Area Street Improvements, 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, the funds in the amount $80,000, original established for the preparation of the feasibility report for the Hills & Dales Area Street Improvements, shall be increased by $20,000. Therefore the finance director is directed to appropriate a not -to- exceed amount of $100,000 for the preparation of the H Hills & Dales Area Street Improvements, which now includes the expanded scope. Approved this 14 day of September 2009 packet page number 67 of 130 Agenda Item L Affnrrhmant CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 2010-2014 PROJECT TITLE: Howard /Ripley Streets TOTAL COST: $1,240,000 PROJECT NUMBER: PW08.090 , PROJECT CATEGORY: Public Works -- .......... - - -- ..._.. ........ DESCRIPTION: Street Reconstruction JUSTIFICATION: Howard Street from Larpenteur Avenue to Holloway Avenue is in poor condition and in need of repair. Ripley Street from Furness Street to McKnight Road also needs improvement. Neither street has curb and gutter and limited storm sewer exists. 0.7 miles of street, Average PCI: 48/100 PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding Source Prior Years 2010 2011 2012 2013 2014 Funding Total Bonds-G.O. Improvement 200,000 469,600 0 0 0 0 669,600' Bonds- Special Assessment 0 372,000 0 0 0 0 372,000 Sanitary Sewer Fund 0 62,000 0 0 0 0 62,000 " 5t. Paul Water 0 37,200 0 0 0 0 37,200 Environmental Utility Fund 0 62,000 0 0 0 0 62,000' St. Paul W.A.C. Fund 0 37,200 0 0 0 0 37,200' PROJECT COSTS PROJECT STARTING DATE: August 2009 j Preliminaries: $200,000 Land Acquisition: $0 PROJECT COMPLETION DATE: October 2010 Construction: $1,040,000 Equipment and Other: $0 NEIGHBORHOOD: 08 - Hillside Project Costs: $1,240,000 69 packet page number 68 of 130 ` - ' SEXTANT 1 AVE. L — — ----- GER-VAIS---,", . ..... .......... - -------- - - ------- ----- Cn �� >> COPE CT. D tLA R K 25 0 Co. RD. ry 0 GO 61 MR AVE. MI•NIFN LJ- 0 Item Ll iment 3 S A IL LA� F .......... JUNCTION < AVE. Timberf-- As Park Az- BURKE ry : : B M CIR ELDR� I ID L N. �-- i Cn NVE. BELMONT Cn SKILL SKILLMAN SH��� AvE W > CY C, D 11 Robinhood Q U Park Cn rn TR A IL ❑ 0 1 (f� Flicek Li Park < Cn a_ FIR ST j AVE. ry W v) C/O LLJ I FE AVE. cl:� UMM ER AV E. 62 IW <I Gloster Park co 1 F "5 A\/r- W L PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 201 Hills & Dales Area Street Improvements City Project 09-15 packet page number 69 of 1 3 Agenda Item Ll Attachment 4 Y COUNTY NORTH ST. PAUL 3 HOME AND GROUNDS LLO HOW AVE. HOLLOWAY ........ .. ......... J/ ---- J AVE GOODRICH GOLF Cl) COURSEq > 00 G D GOLF ICH 1. " - " 9 * � - 0 OURSE q� w -J > Goodrich 41 P > Pork Hillside ry (y : WV _J 0 C n Park >- L RIPLEY C�- R1 PI y AV�_ - RIPLEY AVE. KINGSTON KINGSTON T H1\ WIND AVE. SOU E. PRICE AVE. I ul SO UTH ................. M ry M ST. PAU L LLJ ! ; d�)) LL' P-z �,,l / co :D —J HOYTSAVE. ry TEVLIN CT.r 0�� NEBRASKA - LLJ] C/') 0 0 ry LIJ V < 1�� AVE. r MON' CI Fy ryl TEVLIN CT.r 0�� NEBRASKA - LLJ] P� -J Nebraska 6 Park z " GTON Sterling Oaks ARC IN- P ark D-? 11 PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 201 Hills & Dales Area Street Improvements City Project 09-15 (AREA 2) packet page number 70 of 13 < O \-1 MCKNI HT LN U I F LARPENTEUR Agenda Item L2 TO: James Antonen, City Manager FROM: Erik Hjelle, Councilmember SUBJECT: Council Affirmation of Not Cutting Police and Fire Staffing Levels DATE: September 9, 2009 In the packet received from the City for the last workshop, budget options included not filling vacant Police Officer positions. The City made a decision earlier this year to make a political appointee to increase the size of the Police Administration at a large cost to city tax payers. It is unacceptable to even consider cutting Police Officer staffing levels or rumored cuts in Fire Department staffing. ACTION REQUESTED packet page number 71 of 130 THIS PAGE IS INTENTIONALLY LEFT BLAND packet page number 72 of 130 AGENDA NO. M -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: September 28, 2009 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 64,035.63 Checks 4 79331 thru 4 79380 dated 09/15/09 $ 301,541.89 Disbursements via debits to checking account dated 09/04/09 thru 09111109 $ 203,945.01 Checks 4 79381 thru 4 79422 dated 09/14/09 thru 09/22/09 $ 125,014.71 Disbursements via debits to checking account dated 09/11/09 thru 09/18/09 $ 694,537.24 Total Accounts Payable PAYROLL $ 503,286.48 Payroll Checks and Direct Deposits dated 09118109 $ 2,129.75 Payroll Deduction check 4 1007678 thru 9 1007679 dated 09118109 $ 505,416.23 Total Payroll $ 1,199,953.47 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments P:IAPPROVAL OF cLAIMS\2009\AprC1ms 9 -11 -09 and 9- 18- 091.xisx packet page number 73 of 130 Check Register 09/11/2009 City of Maplewood Check Date Vendor Description Amount 79331 0911512009 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - AUG 96.00 79332 0911512009 00687 HUGO'S TREE CARE INC TREE & STUMP REMOVAL 470.25 79333 09/1512009 01190 XCEL ENERGY ELECTRIC UTILITY 1,174.43 09/15/2009 01190 XCEL ENERGY ELECTRIC UTILITY 56.20 09/1512009 01190 XCEL ENERGY METERED SPEED SIGN 11.59 79334 0911512009 00504 1ST LINE /LEEWES VENTURES LLC MDSE FOR RESALE 177.75 09/1512009 00504 1ST LINEILEEWES VENTURES LLC MDSE FOR RESALE 156.75 79335 09/15/2009 01809 AGGREGATE INDUSTRIES, INC. AGGREGATE FOR TRAIL AT 249.16 79336 09/15/2009 01974 BLUE CROSS REFUNDS REFUND AMB 082794 505.00 79337 09/1512009 00211 BRAUN INTERTEC CORP. PROJ 0913 ENGINEERING FEES 1,055.75 79338 09/15/2009 00240 C.S.G. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.00 79339 09/15/2009 02743 RICHARD DOBLAR SECURITY OFFICER SEPT 5TH MCC 227.50 79340 09/15/2009 04137 THE EDGE MARTIAL ARTS KARATE INSTRUCTION - AUG 100.00 79341 09/1512009 00003 ESCROW REFUND ESCROW REL MAC HOMES 2371 2,500.00 79342 0911512009 02396 SHANN FINWALL REFUND TUITION & BOOKS 7/8 - 8/26 1,754.90 79343 09/15/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEE WILDWOODS 350.00 09/15/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEE MN ZOO 350.00 09/1512009 01401 FIRST STUDENT INC DAY CAMP BUS FEE CASCADE BAY 322.50 09/15/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEE VALLEYFAIR 322.50 09/15/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEE SCIENCE MUSEUM 295.00 09/15/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEE TARGET CENTER 275.00 09/1512009 01401 FIRST STUDENT INC DAY CAMP BUS FEE GRAND SLAM 240.00 09/15/2009 01401 FIRST STUDENT INC DAY CAMP BUS FEE MARCUS THEATRE 185.00 79344 09/15/2009 00790 KELLER ELECTRIC INC LIGHT FIXTURES- GOODRICH BALL 25,000.00 79345 09/15/2009 04193 MIDAMERICA AUCTIONS FORFEITED VEHICLE STORAGE FEE- 2,250.00 79346 09/1512009 01008 MIKE'S LP GAS & RV SERVICE REPLACE AIR COND ON SEWER TRUCK 871.42 79347 09/15/2009 00001 ONE TIME VENDOR REFUND S SCALIA VOLLEYBALL 104.00 79348 09/15/2009 00001 ONE TIME VENDOR REFUND L TRANTOW OVERPMT 91.28 79349 09/15/2009 00001 ONE TIME VENDOR REFUND M OLSON OVERPMT 87.16 79350 09/1512009 00001 ONE TIME VENDOR REFUND R STYLES OVERPMT 85.79 79351 0911512009 00001 ONE TIME VENDOR REFUND D PINCH OVERPMT 85.79 79352 09/15/2009 00001 ONE TIME VENDOR REFUND J FRANTZ OVERPMT 63.53 79353 09/15/2009 00001 ONE TIME VENDOR REFUND E HOLMSTROM OVERPMT 63.53 79354 09/1512009 00001 ONE TIME VENDOR REFUND S MEISSNER SOCCER 62.00 79355 09/15/2009 00001 ONE TIME VENDOR REFUND J COTE COMPOST BIN 45.00 79356 09/15/2009 00001 ONE TIME VENDOR REFUND G BROWN BCBS BENEFIT 40.00 79357 09/15/2009 00001 ONE TIME VENDOR RERFUND G GANZEL BCBS BENEFIT 20.00 79358 09/1512009 00001 ONE TIME VENDOR REFUND B YANG HP BENEFIT 20.00 79359 09/15/2009 00001 ONE TIME VENDOR REFUND L CHERMAK BCBS BENEFIT 20.00 79360 09/15/2009 01267 PIONEER PRESS AD FOR JULY 4TH /TASTE /BIG SPLASH 4,405.37 79361 09/15/2009 04265 MARIA PIRELA ZUMBA INSTRUCTOR 7114 - 8125 427.00 09/1512009 04265 MARIA PIRELA ZUMBA INSTRUCTOR 7111 - 8/22 318.00 09/15/2009 04265 MARIA PIRELA ZUMBA INSTRUCTOR SUMMER DROP- 60.00 79362 09/15/2009 01302 STEVEN PRIEM REIMB FOR MILEAGE 8/25 47.85 79363 09/15/2009 04184 MICHELLE PRONSATI ZUMBA INSTRUCTOR 7/9 - 8127 379.80 09/1512009 04184 MICHELLE PRONSATI ZUMBA INSTRUCTOR 719 -8127 2ND 32.00 79364 0911512009 03907 R J THOMAS MFG. CO., INC. REPLACEMENT BB GIRL FOR PARKS 732.34 79365 09/15/2009 01822 RED VALVE CO PACKING FOR LIFT STATION #6 99.95 79366 09/15/2009 01340 REGIONS HOSPITAL MEDICAL SUPPLIES 280.35 79367 09/1512009 04338 KRISTEN ROLFZEN POWERKICK PROGRAM INSTRUCTION 90.00 79368 09/15/2009 01409 S.E.H. WETLAND MITIGATION MONITORING 265.86 79369 09/15/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 37.86 09/15/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 30.67 79369 09/1512009 04043 SCHWAN FOOD CO MDSE FOR RESALE 20.78 79370 09/15/2009 01836 CITY OF ST PAUL PROJ 07 -25 WATER MAIN WORK 3,069.63 packet page number 74 of 130 79371 0911512009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 1,003.73 09/1512009 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 546.18 79372 09/15/2009 01616 PAUL THIENES SECURITY OFFICER SEPT 5TH AT MCC 227.50 79373 09/1512009 03776 TRAILSOURCE LLC TRAIL WORK AT APPLEWOOD 664.90 09115/2009 03776 TRAILSOURCE LLC TRAIL WORK AT APPLEWOOD 250.00 79374 09/1512009 04192 TRANS -MEDIC EMS BILLING - AUG 3,540.00 79375 09/15/2009 01654 TRU GREEN-CH EM LAWN #4635 CONWAY WEED CONTROL 221.76 79376 09/15/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 855.00 09/15/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 515.00 09/15/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 420.00 09/15/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 420.00 09/15/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 420.00 09/15/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 420.00 09/15/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 245.00 09/15/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 245.00 79377 09/15/2009 04334 ULTRAMAX POLICE AMMUNITION 984.00 79378 09/15/2009 02464 US BANK PAYING AGENT FEES 431.25 09/15/2009 02464 US BANK PAYING AGENT FEES 431.25 09/15/2009 02464 US BANK PAYING AGENT FEES 431.25 09/15/2009 02464 US BANK PAYING AGENT FEES 431.25 09/15/2009 02464 US BANK PAYING AGENT FEES 431.25 79379 09/15/2009 01750 THE WATSON CO INC MDSE FOR RESALE 293.96 09/15/2009 01750 THE WATSON CO INC MDSE FOR RESALE 236.60 09/15/2009 01750 THE WATSON CO INC MDSE FOR RESALE 212.11 79380 09/15/2009 03378 MATT WOEHRLE REIMB FOR MILEAGE 8/25 26.40 50 Checks in this report. Rd n'15 R3 packet page number 75 of 130 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 09/04/09 09/08/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 17,336.43 09104/09 09/08/09 ICMA (Vantagepointe) Deferred Compensation 3,834.38 09104/09 09/08/09 ING - State Plan Deferred Compensation 24,878.00 09104/09 09/08/09 MN Dept of Natural Resources DNR electronic licenses 386.00 09104/09 09/08/09 MN Dept of Natural Resources DNR electronic licenses 25.00 09/08109 09/09/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 21,824.38 09/08109 09/09/09 US Treasurer Federal Payroll Tax (FICA) 92,518.25 09/08/09 09/09/09 PERA PERA 80,977.91 09/08/09 09/09/09 Labor Unions Union Dues 2,015.00 09108/09 09/09/09 MN State Treasurer State Payroll Tax 16,725.35 09109/09 09/10/09 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 19,130.63 09110109 09/11/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 20,089.25 09/10109 09/11/09 ARC Administration DCRP & Flex plan payments 1,801.31 Iti1iel, *Detailed listing of VISA purchases is attached. 3(11,541.89 packet page number 76 of 130 Check Register City of Maplewood 09118/2009 Check Date Vendor Description Amount 79381 0911412009 03576 EUREKA RECYCLING RECYCLING - AUGUST 26,443.32 79382 0911512009 02464 US BANK FUNDS FOR ATMS 12,000.00 79383 0911712009 01060 MN STATE FIRE CHIEFS ASSOC REGISTRATION FEES 800.00 79384 0912212009 00131 ASPEN EQUIPMENT CO PLOW TRUCK BOX 40,407.21 79385 09122(2009 02938 KORTERRA INC LOCATE TICKET PROCESSING 1,092.40 79386 0912212009 01546 SUBURBAN SPORTSWEAR LIFEGUARD UNIFORMS 416.00 0912212009 01546 SUBURBAN SPORTSWEAR STAFF SHIRTS FOR GYMS/FALL FROG 392.00 79387 09/2212009 00111 ANIMAL CONTROL SERVICES PATROL & BOARDING FEES 813 - 916 3.310.34 79388 0912212009 00399 DIAMOND VOGEL PAINTS PRICE ADJ ON INV 807042701 16.56 79389 0912212009 00003 ESCROW REFUND ESCROW REL JHL CONST 797 MAYHILL 2,500.00 79390 0912212009 00682 RON HORWATH REIMB FOR FOOD PERMIT BIG SPLASH 6200 . 79391 0912212009 00827 L M C I T WORKERS COMP 2ND INSTALLMENT 73,324.00 79392 09/2212009 00393 DEPT OF LABOR & INDUSTRY MONTHLY SURTAX - AUG 7148123035 1,104.10 79393 0912212009 04266 COLLEEN LAYMAN REIMB FOR MILEAGE & MEALS 64.00 79394 0912212009 00986 METROPOLITAN COUNCIL MONTHLY SAC - AUGUST 25,260.00 79395 09/2212009 00001 ONE TIME VENDOR REIMB J WAHLSTRAND DRIVEWAY 3,300.00 79396 0912212009 00001 ONE TIME VENDOR REIMB BARKER DRIVEWAY 2,485.00 79397 0912212009 00001 ONE TIME VENDOR REIMB C CAPEDER DRIVEWAY 1,800.72 79398 0912212009 00001 ONE TIME VENDOR REIMB S KRAUSE DRIVEWAY 702.72 79399 0912212009 00001 ONE TIME VENDOR REIMB T KEARNS DRIVEWAY 506.91 79400 09122(2009 00001 ONE TIME VENDOR REIMB F GRAY AUTOMOTIVE REPAIR 273.05 79401 0912212009 00001 ONE TIME VENDOR REIMB R SHAW AUTOMOTIVE REPAIR 225.00 79402 0912212009 00001 ONE TIME VENDOR REFUND B LAVELL FITNESS CLASS 90.00 79403 09/2212009 00001 ONE TIME VENDOR REFUND C PAGUIN BCBS 60.00 79404 0912212009 00001 ONE TIME VENDOR REFUND R PRATTS BCBS 60.00 79405 0912212009 00001 ONE TIME VENDOR REFUND S WALZ BCBS 60.00 79406 0912212009 00001 ONE TIME VENDOR REFUND A BENNETT MEMBERSHIP 58.92 79407 0912212009 00001 ONE TIME VENDOR REFUND J BAYNTON VOLLEYBALL 52.00 79408 09/2212009 00001 ONE TIME VENDOR REFUND M PETERSON BCBS 40.00 79409 0912212009 00001 ONE TIME VENDOR REFUND D PHILLIPS BCBS 20.00 79410 0912212009 00001 ONE TIME VENDOR REFUND M TERRY BCBS 20.00 79411 09/2212009 00001 ONE TIME VENDOR REFUND J WILLIAMS BCBS 20.00 79412 0912212009 01254 PEPSI -COLA COMPANY MDSE FOR RESALE 50.80 79413 0912212009 03530 DAVID FLING UPDATE ON MOTOR/SERVICE MANUALS 725.71 79414 0912212009 04054 STEVEN REED DJ FOR ZUMBA FOR A CAUSE EVENT 225.00 79415 0912212009 01359 REGAL AUTO WASH DETAIL XX CAR WASHES - AUGUST 59.96 79416 09122(2009 02468 SECOND HARVEST HEARTLAND REIMB DONATION - ZUMBA FOR A 98.00 79417 0912212009 01836 CITY OF ST PAUL PROJ 07 -26 WATER INSPECTION 355.95 0912212009 01836 CITY OF ST PAUL RADIO SHOP SRVS - AUG 28.50 79418 09/2212009 04339 MICHAEL STREFF REIMB FOR UNIFORM 09108 109.99 79419 0912212009 04192 TRANS -MEDIC EMS BILLING - JULY 3.270.00 79420 0912212009 01669 TWIN CITIES TRANSPORT & FORFEITED VEHICLE TOWING FEES AUG 1,187.35 79421 0912212009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 420.00 0912212009 02069 ULTIMATE DRAIN SERVICES INC PROJ 09 -13 TELEVISING 420.00 79422 09/2212009 01807 SUSAN ZWIEG REIMB FOR MILEAGE 6130 - 7117 27.50 42 Checks in this report. 203.945.01 packet page number 77 of 130 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 09/11/09 09/14/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 16,388.85 09111/09 09/14/09 State Auction Auction Payment 256.00 09114/09 09/15/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 19,964.77 09114/09 09/15/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 5,918.25 09114/09 09/15/09 MN Dept of Natural Resources DNR electronic licenses 43.00 09/14109 09/15/09 MN Dept of Natural Resources DNR electronic licenses 572.00 09/14109 09/15/09 MN Dept of Revenue Fuel Tax 322.76 09/15/09 09/16/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 17,538.88 09/16/09 09/17/09 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,085.83 09116/09 09/17/09 US Bank VISA One Card" Purchasing Card Items 31,575.06 09117/09 09/18/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,432.31 09117109 09/18/09 MN Dept of Revenue Sales Tax 7,917.00 TOTAL 'Detailed listing of VISA purchases is attached. 125,014.71 packet page number 78 of 130 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT 09/18/09 HJELLE, ERIK 416.42 09!18!09 JUENEMANN'N, KATHLEEN 416.42 09118109 NEPHEW, JOHN 416.42 09118/09 ROSSBACH, WILLIAM 416.42 09/18/09 STRAUTMANIS, MARLS 50.00 09!18!09 AHL, R. CHARLES 4,821.44 09/18109 ANTONEN, JAMES 5,300.00 09118109 BURLINGAME, SARAH 1,772.44 09/18/09 CHRISTENSON, SCOTT 1,861.35 09/18/09 FARR- LARRY 2,668.94 091'18109 JAHN, DAVID 1,788.37 09118/09 RAMEAUX, THERESE 2,942.50 09/18/09 FORMANEK, KAREN 1,633.35 09/18/09 MITTET, ROBERT 3,572.04 09118109 ANDERSON, CAROLE 1,395.10 09118109 DEBILZAN, JUDY 1,143.16 09/18/09 JACKSON, MARY 2,042.95 09/18/09 KELSEY, CONNIE 2,494 25 09118109 LAYMAN, COLLEEN 2,743.10 09118/09 CAREY, HEIDI 2,423.75 09/18/09 GUILFOILE, KAREN 3,918.10 09/18/09 KROLL, LISA 1,714.65 09118109 NEPHEW, MICHELLE 1,162.31 09118109 SCHMIDT, DEBORAH 2,395.37 09/18/09 SPANGLER, EDNA 996.33 09/18/09 CORTESI, LUANNE 1,142.46 091'18109 JAGOE, CAROL 1,833.17 09118/09 KELLY, LISA 1,134.50 09/18/09 LARSON, MICHELLE 1,118.46 09/18/09 MECHELKE, SHERRIE 1,055.37 09118109 MOY, PAMELA 1,141.33 09118109 OSTER, ANDREA 1,833.17 09/18/09 WEAVER, KRISTINE 2,118.95 09/18/09 ARNOLD, AJLA 496.00 09118109 CORCORAN, THERESA 1,828.55 09118/09 KVAM, DAVID 4,086.18 09/18/09 PALANK, MARY 1,830.86 09/18/09 POWELL, PHILIP 2,818.15 09/18109 SVENDSEN, JOANNE 2,022.59 09118109 THOMALLA, DAVID 4,839.74 09/18/09 YOUNG, TAMELA 1,828.55 09/18/09 ABEL, CLINT 2,845.38 091'18109 ALDRIDGE, MARK 3,317.87 09118/09 BAKKE, LONN 3,091.12 09/18/09 BARTZ, PAUL 3,824.40 packet page number 79 of 130 09118/09 BELDE, STANLEY 2,933.12 09/18/09 BENJAMIN, MARKESE 2,563.15 09!18!09 BIERDEMAN, BRIAN 3,259.32 09118109 BOHL, JOHN 3,517.25 09118109 BUSACK, DANIEL 3,140.70 09/18/09 COFFEY, KEVIN 2,931.16 09/18/09 CROTTY, KERRY 3,405.59 091'18109 DEMULLING, JOSEPH 2,296.33 09118/09 DOBLAR, RICHARD 3,473.16 09/18/09 DUGAS, MICHAEL 3,769.26 09/18/09 FRITZE, DEREK 2,957.31 09118109 GABRIEL, ANTHONY 4,001.26 09118109 HAWKINSON JR, TIMOTHY 2,32399 09/18/09 HER, PHENG 2,207.88 09/18/09 IHEBERT, STEVEN 3,574.37 09118109 JOHNSON, KEVIN 5,139.42 09118/09 KALKA, THOMAS 1,257.28 09/18/09 KARIS, FLINT 3,390.81 09/18/09 KONG, TOMMY 2,774.23 09/18109 KREKELER, NICHOLAS 784.12 09118109 KROLL, BRETT 2,81191 09/18/09 LANGNER, TODD 2,857.36 09/18/09 LARSON, DANIEL 2,962.66 091'18109 LU, JOHNNIE 3,833.50 09118/09 MARINO, JASON 3,557.12 09/18/09 MARTIN, DANIEL 2,093.98 09/18/09 MARTIN, JERROLD 2,90096 09118109 MCCARTY, GLEN 2,936.14 09118109 METRY, ALESIA 2,693.52 09/18/09 WYE, MICHAEL 3,546.16 09/18/09 OLSON, JULIE 2,90592 09118109 PALMA, STEVEN 3,058.24 09118/09 RHUDE, MATTHEW 2,865.72 09/18/09 SHORTREED, MICHAEL 3,881.66 09/18/09 STEFFEN, SCOTT 4,02497 09/18109 STEINER, JOSEPH 3,976.50 09118109 SYPNIEWSKI, WILLIAM 2,731.18 09/18/09 SZCZEPANSKI, THOMAS 3,116.99 09/18/09 TAUZELL, BRIAN 2,054.41 091'18109 IRAN, JOSEPH 3,391.75 09118/09 WENZEL, JAY 2,849.60 09/18/09 XIONG, KAO 2,883.48 09/18/09 BERGERON, JOSEPH 3,82796 09118109 ERICKSON, VIRGINIA 3,007.62 09118109 FLOR, TIMOTHY 1,388.29 09/18/09 FRASER, JOHN 3,469.01 09/18/09 LANGNER, SCOTT 2,896.00 09118109 REZNY, BRADLEY 2,208.98 09118/09 THEISEN, PAUL 3,160.63 09/18/09 THIENES, PAUL 4,873.64 09/18/09 BAUMAN, ANDREW 2,665.09 09/18109 DAWSON, RICHARD 3,076.36 09118109 DOLLERSCHELL, ROBERT 293.39 09/18/09 EVERSON, PAUL 3,543.05 09/18/09 FOSSUM, ANDREW 2,564.38 packet page number 80 of 130 09118/09 ITALWEG, JODI 2,887.36 09/18/09 JUNGMANN, BERNARD 3,306.79 09!18!09 NOVAK, JEROME 557.37 09118109 NOVAK, JEROME 725.07 09118109 OLSON, JAMES 2,892.16 09/18/09 PERBIX, CHARLES 2,423.09 09/18/09 PETERSON, ROBERT 3,388.60 091'18109 RICHARDSON, ANDREA 4,017.41 09118/09 SEDLACEK, JEFFREY 3,024.07 09/18/09 STREET, MICHAEL 2,935.55 09/18/09 SVENDSEN, RONALD 3,250.22 09118109 GERVAIS -JR, CLARENCE 3,472.14 09118109 LUKIN, STEVEN 4,38797 09/18/09 ZWIEG, SUSAN 2,170.16 09/18/09 KNUTSON, LOIS 1,90295 09118109 NIVEN, AMY 1,371.42 09118/09 PRIEFER, WILLIAM 2,635.58 09/18/09 BRINK, TROY 2,178.10 09/18/09 BUCKLEY, BRENT 1,952.56 09/18109 DEBILZAN, THOMAS 2,094.55 09118109 EDGE, DOUGLAS 2,066.86 09/18/09 HAMRE, MILES 1,260.00 09/18/09 JONES, DONALD 2,074.55 091'18109 MEISSNER, BRENT 1,705.35 09118/09 MEYER, GERALD 2,147.39 09/18/09 NAGEL, BRYAN 3,229.26 09/18/09 OSWALD, ERICK 2,271.57 09118109 OSWALD, ERICK 2,472.95 09118109 RUNNING, ROBERT 2,374.33 09/18/09 SEINES, SAMUEL 360.00 09/18/09 TEVLIN, TODD 2,074.55 09118109 BURLINGAME, NATHAN 1,846.95 09118/09 DUCHARME, JOHN 2,634.06 09/18/09 EATON, MEGAN 503.75 09/18/09 ENGSTROM, ANDREW 2,277.37 09118109 JACOBSON, SCOTT 2,277.39 09118109 JAROSCH, JONATHAN 2,555.75 09/18/09 KREGER, JASON 1,937.35 09/18/09 KUMMER, STEVEN 2,89095 091'18109 LINDBLOM, RANDAL 3,071.43 09118/09 LOVE, STEVEN 2,807.75 09/18/09 O'CONN IORR DONOVAN 936.00 09/18/09 THOMPSON, MICHAEL 3,480.58 09118109 ZIEMAN, SCOTT 158.40 09118109 EDSON, DAVID 2,111.00 09/18/09 HINNENKAMP, GARY 2,071.18 09/18/09 MARUSKA, MARK 3,090.00 09118109 NAUGHTON, JOHN 2,064.55 09118/09 NORDQUIST, RICHARD 2,066.86 09/18/09 SCHINDELDECKER, JAMES 2,069.17 09/18/09 BIESANZ, OAKLEY 1,640.09 09/18109 DEAVER, CHARLES 739.08 09118109 GERNES, CAROLE 320.26 09/18/09 HAYMAN, JANET 1,230.85 09/18/09 HUTCHINSON, ANN 2,09811 packet page number 81 of 130 09118/09 WACHAL, KAREN 887.98 09/18/09 FINWALL, SHANK 2,989.35 09!18!09 FRY, PATRICIA 1,906.06 09118109 GAY NOR, VIRGINIA 2,969.70 09118109 KONEWKO, DUWAYNE 4,162.50 09/18/09 SINDT, ANDREA 1,977.35 09/18/09 THOMPSON, DEBRA 798.26 091'18109 EKSTRAND, THOMAS 3,707.78 09118/09 MARTIN, MICHAEL 2,390.31 09/18/09 BRASH, JASON 1,850.95 09/18/09 CARVER, NICHOLAS 3,118.02 09118109 FISHER, DAVID 3,687.08 09118109 RICE, MICHAEL 2,559.75 09/18/09 SWAN, DAVID 2,610.15 09/18/09 WELLENS, MOLLY 1,507 26 09118109 BERGER, STEPHANIE 114.75 09118/09 BJORK, ALICIA 438.00 09/18/09 WORK, BRANDON 440.00 09/18/09 JANASZAK, MEGHAN 176.25 09/18109 KOHLMAN, JENNIFER 138.00 09118109 ROBBINS, AUDRA 2,513.20 09/18/09 RY CHLICKI, NICHOLE 248.00 09/18/09 SCHALLER, SCOTT 165.38 091'18109 SHERRILL, CAITLIN 173.64 09118/09 STAPLES, PAULINE 3,309.18 09/18/09 TAUBMAN, DOUGLAS 3,208.66 09/18/09 TAYLOR, JAMES 2,170.42 09118109 ADAMS, DAVID 1,626.15 09118109 GERMAN, DAVID 2,073.79 09/18/09 HAAG, MARK 2,064.55 09/18/09 NADEAU, EDWARD 3,485.52 09118109 SCHULTZ, SCOTT 2,695.31 09118/09 ANZALDI, MANDY 1,633.50 09/18/09 BERGLUND, DANIEL 261.75 09/18/09 BRENEMAN, NEIL 1,882.84 09/18109 COLLINS, ASHLEY 207.50 09118109 CRAWFORD - JR, RAYMOND 660.23 09/18/09 DICKS, JOHN 166.50 09/18/09 EVANS, CHRISTINE 1,233.31 091'18109 FABIO- SHANLEY, MICHAEL 150.30 09118/09 GADOW, ANNA 47.10 09/18/09 GLASS, JEAN 2,041.87 09/18/09 HANSEN, LORI 2,545.77 09118109 HER, CHONG 343.00 09118109 HER, PETER 214.60 09/18/09 HOFMEISTER, MARY 983.82 09/18/09 HOFMEISTER, TIMOTHY 368.00 09118109 OLSON, SANDRA 325.50 09118/09 PELOQUIN, PENNYE 457.01 09/18/09 PENN, CHRISTINE 1,760.00 09/18/09 SCHOENECKER, LEIGH 546.75 09/18109 VANG, KAY 268.00 09118109 V_ANG, TIM 36.00 09/18/09 VUE, LOR PAO 192.00 09/18/09 AICHELE, MEGAN 161.25 packet page number 82 of 130 09118/09 AMUNDSON, DANIKA 123.25 09/18/09 BAUDE, SARAH 71.00 09!18!09 BEITLER, JULIE 108.00 09118109 BRENEMAN, SEAN 139.20 09118109 BRUSOE, AMY 11093 09/18/09 BRUSOE, CRISTINA 209.40 09/18/09 CAMPBELL, JESSICA 90.00 091'18109 DEMPSEY, BETH 196.00 09118/09 DUNN, RYAN 815.84 09/18/09 ERICKSON- CLARK, CAROL 71.25 09/18/09 GILL, NICOLE 34.00 09118109 GRUENHAGEN, LINDA 238.93 09118109 HALL, HOLLY 109.00 09/18/09 HANSEN, HANNAH 215.69 09/18/09 HOLMBERG, LADONNA 274.00 09118109 HORWATH, RONALD 2,513.20 09118/09 JOYER, JENNA 42.08 09/18/09 KOGLER, RYAN 259.00 09/18/09 KOHLER, ROCHELLE 17.00 09/18109 KRONHOLM, KATHRYN 575.64 09118109 MATESKI, WAYNE 100.00 09/18/09 MATHEWS, LEAH 503.08 09/18/09 MCCANN, NATALIE 18.00 091'18109 MCCARTHY, ERICA 131.25 09118/09 NADEAU, KELLY 153.75 09/18/09 PROESCH, ANDY 580.53 09/18/09 RENFORD, NATHAN 21.75 09118109 RHODY, DIANE 388.50 09118109 RICHTER, DANIEL 54.00 09/18/09 RICHTER, NANCY 1,459.54 09/18/09 RONNING, ISAIAH 90.04 09118109 SCHAEFER, NATALIE 239.06 09118/09 SCHREIER, ROSEMARIE 124.25 09/18/09 SCHREINER, MICHELLE 95.94 09/18/09 SCHUNEMAN, GREGORY 209.25 09/18109 SJERVEN, BRENDA 34.00 09118109 SMITH, ANN 98.50 09/18/09 SMITLEY , SHARON 176.05 09/18/09 TUPY, ELIANA 102.00 091'18109 TUPY, HEIDE 199.80 09118/09 TUPY, MARCUS 276.60 09/18/09 WARNER, CAROLYN 336.70 09/18/09 'vVICKNER, KRISTY 16.88 09118109 WOLFGRAM, MARY 238.40 09118109 WOLFGRAM, TERESA 143.58 09/18/09 WOODMAN, ALICE 92.00 09/18/09 YOUNCE, BLAISE 21.75 09118109 ZALK, DAVID 36.25 09118/09 BOSLEY, CAROL 242.93 09/18/09 HOLMGREN, STEPHANIE 53.13 09/18/09 LANGER, CHELSEA 155.50 09/18109 LANGER, KAYL - Y N 198.00 09118109 SAVAGE, KAREN 242.25 09/18/09 ZAGER, LIi i EA 200.38 09/18/09 BEHAN, JAMES 2,627 27 packet page number 83 of 130 packet page number 84 of 130 09118/09 BOWMAN, MATTHEW 310.35 09/18/09 COLEMAN, PATRICK 79.75 09!18!09 CURRAN, JAMES 355.50 09118109 DOUGLASS, TOM 1,301.56 09118109 LONETTI, JAMES 408.00 09/18/09 MALONEY, SHAUNA 87.00 09/18/09 PRINS, KELLY 1,220 22 091'18109 REILLY, MICHAEL 1,861.35 09118/09 SCHOENECKER, KYLE 149.00 09/18/09 VALERIO, TARA 217.50 09/18/09 AICHELE, CRAIG 667.25 09118109 PRIEM, STEVEN 2,322.15 09118109 WOEHRLE, MATTHEW 2,069.23 09/18/09 BERGO, CHAD 2,574.18 09/18/09 FOWLDS, MYCHAL 3,085.88 09118109 FRANZEN, NICHOLAS 2,242.10 1007653 09118/09 LONGRIE, DIANA 473.15 1007654 09/18/09 THOMFORDE, FAITH 727.50 1007655 09/18/09 CARLE, JEANETTE 171.00 1007656 09/18109 MANTHEY, JOHN 93.00 1007657 09118109 MICHOLS, MIRANDA 23.13 1007658 09/18/09 WELCHLIN, CABOT 3,378.21 1007659 09/18/09 DELPERDANG, CHRISTOPHER 230.00 1007660 091'18109 OLSON, SCOTT 864.00 1007661 09118/09 PURL, MATTHEW 576.00 1007662 09/18/09 BURBUL, ALEXIS 234.00 1007663 09/18/09 FARLEY, JAMIE 295.63 1007664 09118109 GEBHARD, MADELINE 805.00 1007665 09118109 MARTIN, ARIELLE 143.50 1007666 09/18/09 MUELLNER, CHADD 189.00 1007667 09/18/09 FLUEGEL, LARISSA 88.81 1007668 09118109 LAMSON, KEVIN 33.08 1007669 09118/09 MCCORMACK, MELISSA 108.41 1007670 09/18/09 MCLAURIN, CHRISTOPHER 337.32 1007671 09/18/09 ROSTRON, ROBERT 527.50 1007672 09118109 SCHAEFER, JAMES 45.30 1007673 09118109 WALKER, TYLER 32.63 1007674 09/18/09 DANIEL, BREANNA 35.63 1007675 09/18/09 HER, MARINA 24.00 1007676 091'18109 SCHULZE, KEVIN 420.00 1007677 09118/09 STEFFEN, MICHAEL 146.81 503,286.48 packet page number 84 of 130 Trans Date Posting Date Merchant Name Trans Amount Name 09103/2009 09/04/2009 CUB FOODS, INC. $22.37 MANDY ANZALDI 09/0812009 09/09/2009 TARGET 00011858 $6.08 MANDYANZALDI 0812712009 08/31/2009 DAVIS LOCK & SAFE $145.00 JIM BEHAN 09102/2009 09/03/2009 HENRIKSEN ACE HARDWARE $12.43 JIM BEHAN 0910212009 09/03/2009 PRECOR $145.96 JIM BEHAN 09/02/2009 09/03/2009 MENARDS 3022 $182.61 JIM BEHAN 09/02/2009 09/04/2009 STATE SUPPLY COMPANY $22.73 JIM BEHAN 09103/2009 09/04/2009 BASKETBALL PRODUCTS INTE $305.00 JIM BEHAN 09103/2009 09/07/2009 POOLSIDE $31.55 JIM BEHAN 09/03/2009 09/07/2009 WW GRAINGER $102.03 JIM BEHAN 09102/2009 09/03/2009 STORE.PALM.COM ($29.99) CHAD BERGO 08/2812009 08/31/2009 CUB FOODS -SUN RAY $15.75 OAKLEY BIESANZ 08/2812009 08/31/2009 PETLAND $8.38 OAKLEY BIESANZ 09/03/2009 09/07/2009 GOPHR /PLAYWITHAPURPOSE $198.22 NEIL BRENEMAN 09/08/2009 09/09/2009 PETSMART INC 461 $23.55 NEIL BRENEMAN 09103/2009 09/07/2009 OAKDALE RENTAL CENTER $207.47 TROY BRINK 08131/2009 09/01/2009 CUB FOODS, INC. $62.06 SARAH BURLINGAME 0813112009 09/02/2009 CUB FOODS, INC. SSS ($5.00) SARAH BURLINGAME 09/0112009 09/02/2009 GE CAPITAL $43.92 SARAH BURLINGAME 09/1012009 09/11/2009 BACHMAN'S INC #0004 $172.46 SARAH BURLINGAME 09104/2009 09/07/2009 THE UPS STORE #2171 $10.94 HEIDI CAREY 09/04/2009 09/07/2009 MICHAELS #2744 $10.70 HEIDI CAREY 09/04/2009 09/07/2009 ADVANCED DUPLICATION SERV $169.00 HEIDI CAREY 09106/2009 09/07/2009 VZWRLSS*APOCC VISN $97.24 HEIDI CAREY 09109/2009 09/10/2009 ISTOCK "INTERNATIONAL $70.00 HEIDI CAREY 09110/2009 09/11/2009 ADVANCED DUPLICATION SERV $54.89 HEIDI CAREY 08/31/2009 09/02/2009 INT'L CODE COUNCIL INC $485.00 NICHOLAS CARVER 09/0212009 09/04/2009 NWA AIR 0127563462596 $219.20 NICHOLAS CARVER 08/2712009 08/31/2009 VIKING ELEC - CREDIT DEPT. $39.14 SCOTT CHRISTENSON 08/31/2009 09/01/2009 GOPHER BEARING COMPANY $95.28 SCOTT CHRISTENSON 09/01/2009 09/02/2009 BATTERIES PLUS #31 $128.83 SCOTT CHRISTENSON 09101/2009 09/03/2009 VIKING ELEC- CREDIT DEPT. $19.80 SCOTT CHRISTENSON 09101/2009 09/03/2009 WW GRAINGER $36.20 SCOTT CHRISTENSON 09/0312009 09/04/2009 WESCO - # 7649 $101.28 SCOTT CHRISTENSON 0910312009 09/07/2009 VIKING ELEC- CREDIT DEPT. $127.03 SCOTT CHRISTENSON 09108/2009 09/10/2009 VIKING ELEC - CREDIT DEPT. $260.95 SCOTT CHRISTENSON 0910812009 09/10/2009 VIKING ELEC - CREDIT DEPT. $13.28 SCOTT CHRISTENSON 09/08/2009 09/10/2009 VIKING ELEC- CREDIT DEPT. $6.63 SCOTT CHRISTENSON 09/08/2009 09/10/2009 VIKING ELEC- CREDIT DEPT. $263.51 SCOTT CHRISTENSON 09108/2009 09/10/2009 THE HOME DEPOT 2801 $38.37 SCOTT CHRISTENSON 09109/2009 09/11/2009 VIKING ELEC- CREDIT DEPT. $132.24 SCOTT CHRISTENSON 09/09/2009 09/11/2009 THE HOME DEPOT 2801 $36.95 SCOTT CHRISTENSON 08128/2009 08/31/2009 THE HOME DEPOT 2801 $7.94 CHARLES DEAVER 08/2812009 08/31/2009 MENARDS 3059 $16.49 CHARLES DEAVER 08/2912009 08/31/2009 THE HOME DEPOT 2810 $46.17 CHARLES DEAVER 08/31/2009 09/02/2009 ADAM'S PEST CONTROL INC $69.63 CHARLES DEAVER 09/01/2009 09/03/2009 THE HOME DEPOT 2810 ($37.47) CHARLES DEAVER 09101/2009 09/03/2009 THE HOME DEPOT 2810 $37.44 CHARLES DEAVER 09108/2009 09/09/2009 MENARDS 3022 $19.52 CHARLES DEAVER 0910712009 09/08/2009 CUB FOODS, INC. $14.97 RICHARD DOBLAR 09/0312009 09/07/2009 BROCK WHITE -180 $68.68 DOUG EDGE 08/2612009 08/31/2009 MENARDS 3022 ($37.34) LARRY FARR 08128/2009 08/31/2009 THE TRANE COMPANY $1,154.50 LARRY FARR 08/31/2009 09/02/2009 FLUID INTERIORS $185.80 LARRY FARR 09/02/2009 09/03/2009 LABSAFE*1014046035 $954.71 LARRY FARR 09103/2009 09/04/2009 TARGET 00011858 $66.27 LARRY FARR 09104/2009 09/07/2009 MOBILE RADIO ENGINEERING $407.08 LARRY FARR 09104/2009 09/07/2009 THE HOME DEPOT 2801 $234.78 LARRY FARR 09/05/2009 09/07/2009 HEJNY RENTAL INC $185.38 LARRY FARR 09/0612009 09/08/2009 THE HOME DEPOT 2801 $61.26 LARRY FARR 09/0812009 09/10/2009 TWIN CITY GARAGE DOOR CO- $536.24 LARRY FARR 09/08/2009 09/10/2009 TWIN CITY GARAGE DOOR CO- $1,064.00 LARRY FARR 09/09/2009 09/10/2009 WM EZPAY $342.41 LARRY FARR 09109/2009 09/10/2009 WM EZPAY $708.97 LARRY FARR 09109/2009 09/10/2009 WM EZPAY $337.31 LARRY FARR packet page number 85 of 130 09109/2009 09/11/2009 STAPLES 00118836 $11.56 LARRY FARR 0910912009 09/11/2009 OFFICE MAX $23.42 LARRY FARR 0910112009 09/02/2009 XP SOFTWARE $539.00 MYCHAL FOWLDS 09101/2009 09/03/2009 SHI INTERNATIONAL CORP $160.31 MYCHAL FOWLDS 0910112009 09/03/2009 SHI INTERNATIONAL CORP $160.31 MYCHAL FOWLDS 09/02/2009 09/03/2009 MAPLEWOOD PARKS AND RECRE $60.00 MYCHAL FOWLDS 0910312009 09/07/2009 MAPLEWOOD PARKS AND RECRE ($60.00) MYCHAL FOWLDS 09108/2009 09/09/2009 CTO *GOTOMYPC.COM $33.90 MYCHAL FOWLDS 08127/2009 08/31/2009 SPRINT RETAIL #226 $34.26 NICK FRANZEN 09109/2009 09/10/2009 INSIGHT *PUBLICSECTOR $113.58 NICK FRANZEN 09109/2009 09/11/2009 IDEACOM MID AMERICA $288.76 NICK FRANZEN 09/0312009 09/07/2009 LANDSCAPE ALTERNATIVES $663.86 VIRGINIA GAYNOR 09/0412009 09/07/2009 TARGET 00011858 $5.35 JEAN GLASS 08/28/2009 08/31/2009 PROSOURCE ONE 06388 $203.94 JANET M GREW HAYMAN 08/28/2009 08/31/2009 THE HOME DEPOT 2810 $61.05 JANET M GREW HAYMAN 09104/2009 09/07/2009 PRAIRIE MOON NURSERY $39.54 JANET M GREW HAYMAN 08129/2009 08/31/2009 PAYPAL *TWINSUNS $429.00 KAREN E GUILFOILE 0910212009 09/03/2009 HENRIKSEN ACE HARDWARE $16.97 MARK HAAG 09/0812009 09/10/2009 THE HOME DEPOT 2801 $16.05 RICK HERLUND 08/2912009 08/31/2009 POOLTOY COM $84.68 RON HORWATH 09101/2009 09/03/2009 THE HOME DEPOT 2801 $130.37 RON HORWATH 09/09/2009 09/10/2009 HENRIKSEN ACE HARDWARE $6.75 RON HORWATH 09/03/2009 09/04/2009 DIAMOND VOGEL PAINT CENT ($63.44) ANN E HUTCHINSON 09103/2009 09/04/2009 MOGREN LANDSCAPE SUPPLY L $167.65 ANN E HUTCHINSON 09110/2009 09/11/2009 MOGREN LANDSCAPE SUPPLY L $5.36 ANN E HUTCHINSON 09101/2009 09/02/2009 DALCO ENTERPRISES, INC $690.89 DAVID JAHN 09/04/2009 09/07/2009 DALCO ENTERPRISES, INC $190.32 DAVID JAHN 09/0212009 09/04/2009 HEJNY RENTAL INC $64.13 DON JONES 09/0412009 09/07/2009 OAKDALE OPTICAL CENT $96.90 DON JONES 09/10/2009 09/11/2009 UNITED RENTALS $214.20 DON JONES 08/27/2009 08/31/2009 DAKOTA CTY TECH- CUSTOMIZ $600.00 BERNARD R JUNGMANN 08128/2009 08/31/2009 TARGET 00000687 $18.97 BERNARD R JUNGMANN 08128/2009 08/31/2009 WW GRAINGER $64.66 BERNARD R JUNGMANN 08/2812009 08/31/2009 BOUND TREE MEDICAL LLC $140.40 BERNARD R JUNGMANN 0812912009 08/31/2009 BOUND TREE MEDICAL LLC $55.01 BERNARD R JUNGMANN 09101/2009 09/03/2009 NWA AIR 0122504642112 $15.00 BERNARD R JUNGMANN 0910412009 09/07/2009 NWA AIR 0122504756791 $15.00 BERNARD R JUNGMANN 09/04/2009 09/07/2009 BATTERIES PLUS #31 $59.90 TOM KALKA 09/08/2009 09/10/2009 OFFICE MAX ($5.34) NICHOLAS KREKELER 08131/2009 09/01/2009 LILLIE SUBURBAN NEWSPAPE $726.38 LISA KROLL 09102/2009 09/04/2009 SHRED -IT $59.94 DAVID KVAM 09/02/2009 09/07/2009 UNIFORMS UNLIMITED $716.52 DAVID KVAM 09103/2009 09/04/2009 ACCURINT EOM AUTO P $50.00 DAVID KVAM 08/2712009 08/31/2009 ASPEN MILLS INC. $56.35 STEVE LUKIN 08/2712009 08/31/2009 ASPEN MILLS INC. $1,687.50 STEVE LUKIN 08/28/2009 08/31/2009 GRUBERS POWER EQUIPMENT $7.46 STEVE LUKIN 08/28/2009 08/31/2009 AIRGAS NORTH CENTRAL $120.00 STEVE LUKIN 08128/2009 08/31/2009 AIRGAS NORTH CENTRAL $471.23 STEVE LUKIN 08131/2009 09/01/2009 ROAD RESCUE EMERGENCY VE $72.32 STEVE LUKIN 0910112009 09/02/2009 CUB FOODS, INC. $27.92 STEVE LUKIN 09/0312009 09/04/2009 FEDEX KINKO'S #0617 $48.85 STEVE LUKIN 0910312009 09/04/2009 E A T I $484.00 STEVE LUKIN 09104/2009 09/07/2009 MENARDS 3059 $5.96 STEVE LUKIN 09/09/2009 09/10/2009 WM EZPAY $155.77 STEVE LUKIN 09/10/2009 09/11/2009 RAINBOW FOODS 00088617 $19.86 STEVE LUKIN 08131/2009 09/02/2009 MILLS FLEET FARM #2700 $172.45 MARK MARUSKA 09101/2009 09/02/2009 HENRIKSEN ACE HARDWARE $188.01 MARK MARUSKA 09103/2009 09/04/2009 SHERWIN WILLIAMS #3525 $203.54 MARK MARUSKA 09/03/2009 09/07/2009 WM EZPAY $744.33 MARK MARUSKA 09/0812009 09/09/2009 LAUDY E RIBAR CO INC $581.99 MARK MARUSKA 09/0812009 09/09/2009 LESCO SC 0530 $74.99 MARK MARUSKA 09/09/2009 09/10/2009 LOWES #02315* $245.28 MARK MARUSKA 09/10/2009 09/11/2009 DEGE GARDEN CENTER $74.80 MARK MARUSKA 08131/2009 09/02/2009 DE LADE LANDEN $380.03 ROBERT MITTET 08131/2009 09/02/2009 DE LACE LANDEN $485.28 ROBERT MITTET 09/0212009 09/03/2009 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET packet page number 86 of 130 09103/2009 09/04/2009 PAKOR INC $435.45 SHELLY NEPHEW 09/0312009 09/07/2009 OFFICE DEPOT #1090 $76.96 AMY NIVEN 0812712009 08/31/2009 OFFICE DEPOT #1090 $56.96 MARY KAY PALANK 09108/2009 09/10/2009 OFFICE DEPOT #1170 $5.63 MARY KAY PALANK 0910812009 09/10/2009 OFFICE DEPOT #1090 $55.68 MARY KAY PALANK 08/31/2009 09/02/2009 BLUE SKY THE COLOR OF IMA $20.99 CHRISTINE PENN 08/31/2009 09/03/2009 BANNERS.COM $78.02 CHRISTINE PENN 09102/2009 09/02/2009 IMPERIALTEXTILE.COM $556.02 CHRISTINE PENN 09103/2009 09/07/2009 MIDWAY PARTY RENTAL INC $289.24 CHRISTINE PENN 08/29/2009 08/31/2009 CLKBANK*COM_RE898CRT $45.90 PHILIP F POWELL 09103/2009 09/04/2009 DRYTHEAIR COM $41.83 PHILIP F POWELL 09/0112009 09/02/2009 GE CAPITAL $333.16 WILLIAM J PRIEFER 09/0512009 09/07/2009 REG*RAM /SWANA CONF $140.00 WILLIAM J PRIEFER 09/09/2009 09/10/2009 CINTAS FIRST AID #431 $94.66 WILLIAM J PRIEFER 09/09/2009 09/10/2009 CINTAS FIRST AID #431 $96.35 WILLIAM J PRIEFER 08127/2009 08/31/2009 KATH AUTO PARTS NSP $14.99 STEVEN PRIEM 08127/2009 08/31/2009 FACTORY MOTOR PARTS #19 $5.23 STEVEN PRIEM 0812712009 08/31/2009 FACTORY MTR PTS #1 $65.73 STEVEN PRIEM 08/2812009 08/31/2009 FACTORY MTR PTS #1 {$65.73} STEVEN PRIEM 08/2812009 08/31/2009 BAUER BUILT TIRE - $871.73 STEVEN PRIEM 08131/2009 09/01/2009 TRUCK UTILITIES INC $48.80 STEVEN PRIEM 08/31/2009 09/02/2009 FACTORY MOTOR PARTS #19 ($1.18) STEVEN PRIEM 08/31/2009 09/02/2009 TOUSLEY FORD 127200039 $258.88 STEVEN PRIEM 08131/2009 09/02/2009 FACTORY MOTOR PARTS #19 $2.66 STEVEN PRIEM 09101/2009 09/02/2009 CATCO PARTS &SERVICE $345.59 STEVEN PRIEM 09101/2009 09/03/2009 KATH AUTO PARTS NSP $99.53 STEVEN PRIEM 09/01/2009 09/03/2009 KATH AUTO PARTS NSP $60.74 STEVEN PRIEM 09/0212009 09/04/2009 KATH AUTO PARTS NSP $137.13 STEVEN PRIEM 09/0312009 09/07/2009 KATH AUTO PARTS NSP $14.39 STEVEN PRIEM 09/03/2009 09/07/2009 FACTORY MOTOR PARTS #19 $336.22 STEVEN PRIEM 09/04/2009 09/07/2009 TOUSLEY FORD 127200039 $128.60 STEVEN PRIEM 09104/2009 09/07/2009 FACTORY MOTOR PARTS #19 $95.18 STEVEN PRIEM 09104/2009 09/07/2009 FACTORY MOTOR PARTS #19 $4.40 STEVEN PRIEM 09/0912009 09/11/2009 BOYER TRUCK PARTS ($5.93) STEVEN PRIEM 0910912009 09/11/2009 KATH AUTO PARTS NSP $27.43 STEVEN PRIEM 09109/2009 09/10/2009 SUPREME AUDIO INC $13.00 NANCY RICHTER 08/3112009 09/02/2009 MICHAELS #2744 $244.43 AUDRA ROBBINS 09/02/2009 09/03/2009 LITTLE CAESARS 1456 $44.13 AUDRA ROBBINS 09/02/2009 09/03/2009 MAPLEWOOD PARKS AND RECRE $33.25 AUDRA ROBBINS 09102/2009 09/04/2009 CARMIKE 408432 Q61 $240.00 AUDRA ROBBINS 09104/2009 09/07/2009 STAYWELL - KRAMES $423.87 AUDRA ROBBINS 09/08/2009 09/09/2009 MAPLEWOOD PARKS AND RECRE $5.50 AUDRA ROBBINS 09110/2009 09/11/2009 CUB FOODS, INC. $6.43 AUDRA ROBBINS 08/3112009 09/01/2009 BATTERIES PLUS #31 $109.93 ROBERT RUNNING 09/0112009 09/03/2009 MIKES LP GAS INC $31.93 ROBERT RUNNING 09/01/2009 09/03/2009 THE HOME DEPOT 2801 $8.53 ROBERT RUNNING 09/01/2009 09/03/2009 THE HOME DEPOT 2801 $2.30 ROBERT RUNNING 09103/2009 09/07/2009 BROCK WHITE -180 $461.17 ROBERT RUNNING 09109/2009 09/10/2009 MENARDS 3059 $27.49 JAMES SCHINDELDECKER 0910112009 09/03/2009 OFFICE DEPOT #1090 $72.16 DEB SCHMIDT 09/0812009 09/09/2009 ST PAUL STAMP WORKS INC $113.44 DEB SCHMIDT 0910812009 09/10/2009 INTAB INC $99.66 DEB SCHMIDT 09109/2009 09/11/2009 INTAB INC $19.72 DEB SCHMIDT 09/04/2009 09/07/2009 MINNESOTA FALL EXPO $100.00 SCOTT SCHULTZ 09/04/2009 09/07/2009 THE HOME DEPOT 2801 $54.83 SCOTT SCHULTZ 09103/2009 09/07/2009 OFFICE DEPOT #1090 $108.82 ANDREA SINDT 08127/2009 08/31/2009 FORESTRY SUPPLIERS $78.99 CHRISTINE SOUTTER 09103/2009 09/04/2009 USI ED GOV $54.08 JOANNE M SVENDSEN 09/01/2009 09/02/2009 T- MOBILE RECURRING PMT $258.21 DOUGLAS J TAUBMAN 09/0312009 09/07/2009 METRO SALES INC $98.75 KAREN WACHAL 08/3112009 09/02/2009 LYNN CARD CO $60.67 SUSAN ZWIEG 09/03/2009 09/07/2009 GREEN STUFF INC $93.20 SUSAN ZWIEG 09/04/2009 09/07/2009 PIONEER PRESS SUBSCRIPTI $55.64 SUSAN ZWIEG 09109/2009 09/10/2009 RELIABLE $72.98 SUSAN ZWIEG TOTAL $31,575.06 packet page number 87 of 130 1111=Iky,IJ,f+a AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: September 21, 2009 RE: Resolution Certifying Election Judges for the November 3, 2009 Local General Election RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2009 Local General Election, to be held on Tuesday, November 3, 2009. Ahrens, Fran Erickson, Eric Iversen, Mildred Albu, Verle Feld, Robyn Iversen, Thomas Anderson, Elsie Finch, Roberta Jacobson, Scott Anderson, Suzanne Fischer, Lorraine Jagoe, Carol Anderson, Vivian Fischer, Mary Janacek, Jeffrey Ansari, Ahsan Fischer, Peter Jefferson, Gwendolyn Arnold, Ajla Fitzgerald, Delores Johannessen, Judith Arnold, Carole Fosburgh, Anne Johnson, Barbara Barrett, Marlis Fowler, Cynthia Johnson, Mary Bartelt, Joan Francis, Gretchen Johnson, Warren Bedor, David Francis, Robert Jones, Julia Belland, Jaime Franssen, Maryann Jones, Shirley Berg, Helen Franzen, James Jurmu, Joyce Berry, Robert Freer, Mary Jo Kirchoff, Harold Bolden, Donita Friedlein, Charlene Knauss, Carol Bortz, Albert Friedlein, Richard Knutson, Lois Bortz, Jeanne Fuller, Mary Katherine Koch, Rosemary Breidenstein, Anna Marie Galligher, Patricia Kramer, Dennis Bunkowske, Bernice Gebauer, Marilyn Kramer, Patricia Carbone, Joyce Gebauer, Victor Krause, Bruce Carle, Jeanette Gierzak, Sister Clarice Krekelberg, Mona Lou Cleland, Ann Golaski, Diane Kroll, Lisa Connelly, Thomas Gudknecht, Jamie Kwapick, Clemence Connolly, Colleen Gunn, Jaclynn Lackner, Marvella Cotter, Cathleen Guthrie, Rosie Lampe, Charlotte D'Arcio, India Hart, Barbara Larson, Michelle Davidson, Marianne Heininger, Gordon Lauren, Lorraine Deeg, Edward Herber, Darlene Lawrence, Donna Demko, Fred Hess, Harland Leiter, Barbara DeZelar, Phil Hilliard, Barb Leo , Pati Dickson, Helen Jean Hines, Constance Leo, Ann Droeger, Diane Hinnenkamp, Gary Leonard, Claudette DuCharme, Fred Horgan, Gerald Lincowski, Steve Duellman, Audrey Horgan, Sharon Lincowski, Vi Eickhoff, Carolyn Hulet, Jeanette Lockwood, Jackie Engel, Carol Hulet, Robert Lodge, Audrey Erickson, Elizabeth Huntoon, Lynn Lofgren, Delores Page Iof2 packet page number 88 of 130 Loipersbeck, Darlene Norberg, Ann Schultz, Louise Lowe- Adams, Shari O'Brien, D. William (Bill) Shores, Teresa Luttrell, Shirley Olson, Anita Spangler, Bob Mahowald, Valerie Olson, Lois Spies, Louis Mahre, Jeri Olson, Norman Stafki, Tim Manthey, John Oslund, Kathryn Stenson, Karen Marsh, Delores Paddock, Ken Stevens, Sandra Maskrey, Thomas Parent, Dian Storm, Mary Mauston, Shelia Pehl, David Taylor, Lorraine McCann, John Peitzman, Lloyd Taylor, Rita McCarthy, Peggy Peper, Marilyn Thomforde, Faith McCauley, Judy Popham, Mike Thomforde, Faith Mealey, Georgia Priefer, Bill Tillman, Leila Mechelke, Geraldine Rahn, Delbert Tolbert, Franklin Mechelke, Mary Lou Rodriguez, Vincent Trippler, Dale Meyer, Jackie Rohrbach, Charles Urbanski, Carolyn Miller, Charlotte Rohrbach, Elaine Urbanski, Holly Misgen, Joan Roller, Carolyn Urbanski, Michelle Mossong, Betty Ronholm, Mary VanBlaricom, Beulah Motz, Betty Rudeen, Elaine Vanek, Mary Mudek, Dolores Sandberg, Janet Vatne, Mary Mudek, Leo Satriano, Pauline Volkman, Phyllis Muraski, Gerry Sauer, Elmer Wasmundt, Gayle Myster, Thomas Sauer, Kathleen Weiland, Connie Nephew, Shelly Scheunemann, Marjorie Whitcomb, Larry Nettleton, Janet Schiff, Marge Willy, John Newcomb, Mary Schluender, Cynthia Witschen, Delores Newcomb, Winifred Schmidt, Deb Yorkovich, Cindy Nieters, Louise Schneider, Mary Ann Zacho, Karen Nissen, Helen Schoenecker, Sandra Zian, Helen Niven, Amy Schroepfer, Harriet Recommendation of the approved list of election judges is requested. Approval of this Resolution does not qualify individuals to serve as election judges. Appointments will be made from this list to fill the needed positions but not everyone on this list will be appointed. Additionally, individuals that have not completed the required election judge training and completed the paperwork required by the city will not be permitted to work unless they have met these requirements. Page 2of2 packet page number 89 of 130 Agenda Item M3 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: September 9, 2009 RE: Temporary Gambling Permit Resolution for Good Samaritan Society Intradiietinn Deborah Bland representing Good Samaritan Society has submitted an application for a temporary gambling permit for their Family Council's Turkey Raffle. The event will be held at Good Samaritan Society, 550 Roselawn Ave E on November 20, 2009 from 12:00p.m. to 1:00p.m. It is requested the council approve the following resolution for the temporary gambling. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Good Samaritan Society, 550 Roselawn Ave E, to be used on November 20, 2009 at Good Samaritan Society, 550 Roselawn Ave E. 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 §349213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that council approve the lawful gambling resolution application for the Good Samaritan Society. packet page number 90 of 130 Agenda Item M4 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: September 23, 2009 RE: Temporary Gambling Resolution for the Church of the Presentation of the Blessed Virgin Mary Introduction James Wilson representing Church of the Presentation of the Blessed Virgin Mary has submitted an application for a temporary gambling permit. This is for the Turkey Bingo annual event that will be held in the school gym located at 1725 Kennard Street on November 21, 2009 from 5:00 P.M. to 11:00 P.M. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOL VED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, to be used on November 21, 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. Recommendation It is recommended that the Council approve the above resolution for a temporary gambling permit. packet page number 91 of 130 Agenda Item M5 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Terrie Rameaux, HR Coordinator RE: Resolution Adopting Retiree Health Savings Plan for LELS Police Sergeant Employees DATE: September 18, 2009 BACKGROUND The City has adopted several Retiree Health Savings Plans (RHS) over the past few years for various employee groups -- Non -union and Confidential & Supervisory Association employees, Metro Supervisory Association employees, and the IAFF-- Firefighters /Fire Officers. A Retiree Health Savings plan, which is employee- funded, allows employees to pay for health and dental insurance premiums as well as out -of- pocket medical expenses upon retirement from the City. RHS plans have several tax advantages including tax -free contributions and tax -free withdrawals for eligible medical expenses for participants, their spouses and dependents. The Police Sergeants have requested the attached RHS plan be adopted for their group. RECOMMENDATION It is recommended that the City Council approve the attached Resolution, VantageCare Retirement Health Savings Plan Adoption Agreement, and RHS Plan for the LELS Sergeants employee group. Attachments: 1. Resolution 2. Adoption Agreement 3. RHS Plan packet page number 92 of 130 Agenda Item M5 Attachment #1 RESOLUTION FOR ADOPTION OF THE VANTAGECARE RETIREMENT HEALTH SEAVINGS (RHS) PLAN Plan Number: 803121 Name of Employer: City of Maplewood State: Minnesota Resolution of the above -named Employer (the "Employer ") - WHEREAS, the employer has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of the retiree health Savings plan (the "Plan ") serves the above objectives; and WHEREAS, the Employer desires that its retiree health savings plan (the "Plan ") be administered by ICMA Retirement Corporation and/or its affiliates; NOW, THEREFORE BE IT RESOLVED, that the Employer hereby adopts the Plan in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings i i• BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as the trustee ( "Trustee ") for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose. BE IT FURTHER RESOLVED that the Human Resource Coordinator shall be the coordinator and contact for the Plan and shall receive necessary repots, notices, etc. I, Karen Guilfoile, Clerk of the City of Maplewood, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting thereof assembled this day of , 2009, by the Maplewood City Council. City Clerk: packet page number 93 of 130 Agenda Item M5 Attachment #2 EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN ADOPTION AGREEMENT Plan Number: 8 0 3 1 Check one: W New Plan ❑ Amendment to Existing Plan Employer Retirement Health Savings Plan Name: I. Employer Name: State: V\ i" n 11. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. 111. Effective Date of the Plan.. 9 - � - <a- -c4? 7 IV The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare benefit plan(s) established by the Employer: V. Eligible Groups, Participation and Participant Eligibility Requirements A. Eligible Groups The following group or groups of Employees are eligible to participate in the VantageCare Retirement Health Savings Plan (check all applicable boxes): F] All Employees ❑ All Full-Time Employees ❑ Non-Union Employees ❑ Public Safety Employees — Police Public Safety Employees — Firefighters ❑ General Employees Collectively-Bargained Employees (Specify unit(,)) ?0VCe— Looctl t7'3 ❑ Other (specify group(s)) The Employee group(s) specified must correspond to a group(s) of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other documents or provisions in effect in the state or locality of the Employer. B. Participation Mandatory Participation: All Employees in the covered group(s) are required to participate in r> the Plan and shall receive contributions pursuant to Section V1. C. Participant Eligibility Requirements 1. Minimum service. The minimum period of service required for participation is W IN (write N/A if no minimum service is required). 2. Minimum age: The minimum age required for eligibility to participate is HO (write N/A if no minimum age is required). Agenda Item M5 Attachment #2 VL Contribution Sources and Amounts A. Definition of Earnings The definition of Earnings will apply to all RHS Contribution Features that reference "Earnings", including Direct Employer Contributions (Section VI.B.I.) and Mandatory Employee Compensation Contributions (Section VI.B.2.). Definition of earnings: a CC- t` U ecA 5 t'C-k k ('a U Y (A t Qc) � I' C- K k C'el 00 B. Direct Employer Contributions and Mandatory Contributions 1. Direct Employer Contributions The Employer shall contribute on behalf of each Participant 0 — % of Earnings El $ - each Plan Year ❑ A discretionary amount to be determined each Plan Year ❑ Other (describe): 2. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: ❑ Reduction in Salary - — % of Earnings or $ will be contributed for the Plan Year, ❑ Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of Mandatory Contributions of Employee Compensation. 3. Mandatory Employee Leave Contributions The Employer will make mandatory contributions of accrued leave as follows (provide formula for determining Mandatory Employee Leave contributions): Accrued Sick Leave 7a A` c, c r— c u e (� e k, q , Q- S ick I e CX k-7 e-- leave, ❑ Accrued Vacation Leave ❑ Other (specify type of leave) Accrued — Leave An Employee shall not have the right to discontinue or vary the rate of mandatory leave contributions. C. Limits on Total Contributions (check one box) The total contribution by the Employer on behalf of each Participant (including Direct Employer and Mandatory Employee Contributions) for each Plan Year shall not exceed the following limit(s) below. Limits on individual contribution types are defined within the appropriate section above. Agenda Item M5 Attachment #2 [- There is no Plan- defined limit on the percentage or dollar amount of earnings that may be contributed. ❑ % of earnings* *Definition of earnings: ❑ Same as Section VI.A.. ❑ Other © $ for the Plan year. See Section V.B. for a discussion of nondiscrimination rules that may apply to non- collectively bargained self- insured Plans, VII. Vesting for Direct Employer Contributions A. Vesting Schedule (check one box) 0 The account is I00 %o vested at all times. The following vesting schedule shall apply to Direct Employer Contributions as outlined in Section VI.B.I.: Years of Service Vesting Completed Percentage °fa °la of °fo °la °la B. The account will become 100% vested upon the death, disability, retirement *, or attainment of benefit eligibility (as outlined in Section IX) by a Participant. *Definition of retirement (check one box): r z Retirement as defined in the primary retirement plan of the Employer --- "Te- s ❑ Separation from service ❑ Other C. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in A above. VIII. Forfeiture Provisions Upon separation from the service of the Employer prior to attainment of benefit eligibility (as outlined in Section IX), or upon reversion to the Trust of a Participant's account assets remaining upon the participant's death (as outlined in Section Xl), a Participant's non - vested funds shall (check one box): ❑ Remain in the Trust to be reallocated among all remaining Employees participating in the Plan as Direct Employer Contributions for the next and succeeding contribution cycle (s). Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants. ❑ Remain in the Trust to be reallocated among all Plan Participants based upon Participant account balances. ❑ Revert to the Employer. Agenda Item M5 Attachment #2 IX. ]Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: At retirement only (also complete Section B.) Definition of retirement: a Same as Section VII,$, ❑ Other [� At separation from service with the following restrictions ❑ No restrictions El Other ❑ At age only ❑ At retirement and age Definition of retirement: ❑ Same as Section VE.B. Q Other (also complete section B) ❑ At retirement or age Definition of retirement: Same as Section VII.B. Other ❑ Other, specified as follows (also complete Section B if applicable): B. Termination prior to general benefit eligibility: In the case where the general benefit eligibility as outlined in Section IX.A includes a retirement component, a Participant who separates from the service of the Employer prior to retirement will be eligible to receive benefits: LAW Immediately upon separation from service, ❑ At age C. A Participant that becomes totally and permanently disabled as defined by the Social Security Administration Q as defined by the Employer's primary retirement plan ❑ other will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. D. Upon the death of the Participant, benefits shall become payable as outlined in Section Xl. Agenda Item M5 Attachment #2 X. Permissible Medical Benefit Payments Benefits eligible for reimbursement consist of- E] All Medical Expenses eligible under IRC Section 213* other than direct tong-term care expenses, and including non-prescription medications allowed under IRS guidance. The following Medical Expenses (select only the expenses you wish to cover under the VantageCare Retirement Health LP Savings Plan): Medical Insurance Premiums Medical Out-of-pocket Expenses* Ed Medicare Part B Insurance Premiums Medicate Part D Insurance Premiums Medicare Supplemental Insurance Premiums Prescription Drug Insurance Premiums COBRA Insurance Premiums Dental Insurance Premiums Dental Out-of-pocket Expenses* LP 70 Vision Insurance Premiums Vision Out-of-pocket Expenses* Qualified Long-Term Care Insurance Premiums Non-Prescription medications allowed under IRS guidance* ❑ Other qualifying medical expenses (describe)* * See Section VA for a discussion qf nondiscrimination rules which may apply to non-collectively bargained, self - insured Plans, X1. Benefits After the Death of the Participant In the event of a Participant's death, the following shall apply: A. Surviving Spouse and/or Surviving Dependents The surviving spouse and/or surviving eligible dependents (as defined in Section XII.D.) of the deceased Participant are immediately eligible to maintain the account and utilize it t fund eligible medical benefits specified in Section X above, Upon notification of a Participant's death, the Participant's account balance will be transferred into the Vantagepoint Money Market Fund* (or another fund selected by the Employer), The account balance may be reallocated by the surviving spouse or dependents. * Please read the current Vantagepoint Mutual Funds prospectm carefidly prior to investing. An invesonent in tbisfioul is neither insured nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset -value of$1.00 per share, Vantagepoint Mutual Funds are distributd by 1CMA-RC Services, LLC, a toholly-owned broker - dealer fiffliate of]CMA Retirement Corporation. Meinher FINRAISIPC. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible dependents, the account will revert to the Plan to be applied as specified in Section VIII, Agenda Item M5 Attachment #2 B. No Surviving Spouse or Surviving Dependents If there are no living spouse or dependents at the time of death of the Participant, the account will revert to the Plan to be applied as specified in Section VIII. XIL The plan will operate according to the following provisions: A. Employer Responsibilities L The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. The Employer will submit all VantageCare Retirement Health Savings Plan Participant status updates or personal information updates via electronic submission. This includes but is not limited to termination notification and benefit eligibility notification. B. Participant account administration and asset -based fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. C. Assignment of benefits is not permitted. Benefits will be paid only to the Participant, his/her Survivors, the Employer, or an insurance provider (as allowed by the claims administrator), Payments to an third -party payee (e.g., medical service provider) are not permitted with the exception of reimbursement to the Employer or insurance provider (as allowed by the claims administrator). D. An eligible dependent is the Participant "s lawful spouse and any other individual who is a person described in IRC Section 152(a), as clarified by Internal Revenue Service Notice 2004 -79. E. The Employer will be responsible for withholding, .reporting and remitting any applicable taxes for payments which are deemed to be discriminatory tinder IRC Section 105 (h), as outlined in the VantageCare Retirement Health Savings Plan Employer Manual. XIII. Employer Acknowledgements A. The Employer hereby acknowledges it understands that failure to properly fill out this Employer VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the Trust and /or loss of tax - deferred status for Employer contributions. B. 0 Check this box if you are including supporting documents that include plan provisions. EMPLOYER SIGNATURE Date: Title: �4 UVYICAn E:' fCry cc Q Attest: Date: v / IiL _ Title: f'71t2�/"'!C160 t.� -) t # r 115. t;d lit 7 , Accepted: VANTAGEPOIMI "TRANSFER AGENTS, LLC 6 Assistant Secretary, ICNIA -RC Agenda Item M5 Attachment #3 RHS PLAN FOR FULL -TIME POLICE SERGEANTS Participant and benefit eligibility criteria: Must be a full -time employee, no minimum or maximum age and no years of service requirement, except as stipulated for eligible severance pay in current labor agreement. 2. Benefits will be limited to insurance premiums (health, dental, vision and long -term care premiums, Medicare Part B, Medicare Part D, Medicare supplements, other prescription drug insurance premiums) and out -of- pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: One- hundred percent (100 %) of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is age 40 or above at the time of separation from service. Note: This plan may be amended through the proper process. packet page number 100 of 130 Agenda Item M6 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Civil Engineer II SUBJECT: Carsgrove Meadows Area Street Improvements, Project 08 -10, Resolution Directing Modification of the Existing Construction Contract, Change Order No. 3 DATE: September 17, 2009 INTRODUCTION The council will consider approving the attached resolution directing the modification of the existing construction contract. This change order reflects an increase in the construction contract due to the additions listed below. BACKGROUND/ DISCUSSION On May 28, 2009, the city council awarded a construction contract to Miller Excavating, Inc. in the amount of $1,816,784.00. The construction contract included the reconstruction of Brooks Ct., Connor Ct., Connor Ave., Cypress St., Demont Ave., Forest St., Palm Cir., and Palm Ct. as shown on the attached Location Map along with Bid Alternate #1 for the sod replacement program. On July 20, 2009, the city council approved Change Order No. 1 in the amount of $32,022.90 bringing the contract amount to a total of $1,848,806.90. On September 14, 2009, the city council approved Change Order No. 2 in the amount of $135,500.00 bringing the contract amount to a total of $1,984,306.90. Change Order No. 3 is necessary for the following items: Sanitary Sewer Main Repair Removal and replacement of an estimated 20 linear feet of 8" sanitary sewer main and one sewer service connection located approximately 360 feet north of the intersection of Connor Avenue and Cypress Street. This work is necessary to realign offset joints and repair the fractured sewer service connection. • The cost for the removal and replacement of 20 linear feet of 8" sanitary sewer main and the repair of one sewer service is $6,515.00. Kohlman Park The parking lot and basketball court have been used as construction staging areas and staff is recommending restoration and improvements. The following is proposed: 1) Remove a 120 square yards portion of unused bituminous area north of the existing basketball court. The parks department has indicated this bituminous area is unused and prefers to see it removed and restored to a grass area. This would reduce the impervious area in the park. 2) Resurface the existing basketball court with a 2" bituminous overlay. 3) Resurface the existing parking lot with a 2" bituminous overlay. packet page number 101 of 130 Agenda Item M6 • The cost for removal of the unused bituminous, seeding, 2" bituminous overlay of the basketball court, 2" bituminous overlay of the parking lot, and the striping of the parking lot comes to a total of $15,042.50. BUDGET Change Order No. 3 will increase the current construction contract by $21,557.50 from $1,984,306.90 to $2,005,864.40. The sanitary sewer main repair is necessary to ensure continued service for the neighborhood. The approved project budget is $2,857,000.00. Staff estimates that with the addition of this change order there will still be a budget surplus of approximately $278,000.00 at the end of the project; therefore no budget adjustment is needed. RECOMMENDATION It is recommended that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No.3, for City Project 08 -10. Attachments: 1. Resolution 2. Change Order No.3 3. Location Map packet page number 102 of 130 Agenda Item M6 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08 -10, CHANGE ORDER NO. 3 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 08 -10, Carsgrove Meadows Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 08 -10, Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.3 in the amount of $21,557.50. The revised contract amount is $2,005,864.40. packet page number 103 of 130 CHANGE ORDER #3 Agenda Item M6 Attachment 2 DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Carsgrove Meadows Area Street Improvements Change Order No.: #3 Project No.: 08 -10 Date: 09 -17 -09 Contractor: Miller Excavating, Inc. The following changes shall be made to the contract documents to reflect the following quantities for the sanitary sewer main repair on Cypress Street: Description Unit Quantity Price Total 1. Mobilization LS 1 $990.00 $990.00 2. Remove Bituminous Pavement SY 120 $2.00 $240.00 3. Sawcut Bituminous Pavement LF 60 $3.00 $180.00 4. 4° or 6" SCH 40 Service LF 30 $28.00 $840.00 5. Pipe Bedding PVC LF 30 $4.00 $120.00 6. Repair 8" PVC LS 1 $1,995.00 $1,995.00 7. Remove & Replace Conc. Curb LF 40 $20.00 $800.00 8. LV3 Non -Wear TON 18 $75.00 $1,350.00 TOTAL $6,515.00 The following changes shall be made to the contract documents to reflect increasing the scope by adding the following items to upgrade the Kohlman Park basketball court and parking lot: Description Unit Quantity Price Total 1. Mobilization LS 1 $1,500.00 $1,500.00 2. Remove Bituminous Pavement SY 400 $2.00 $800.00 3. Sawcut Bituminous Pavement LF 60 $3.00 $180.00 4. Mill Bituminous Pavement LF 50 $4.00 $200.00 5. LV4 Wear 2" Lot & Court SY 850 $13.25 $11,262.50 6. Stripe Parking Lot - Paint LS 1 $400.00 $400.00 7. Seed & Blanket Area N. Of Court LS 1 $700.00 $700.00 TOTAL $15.042.50 GRAND TOTAL $21,557.50 Purpose of Change Order: Amend scope of project to include the following extra work: • Expand the scope of the project to include quantities required to complete the sanitary sewer main repair on Cypress Street. • Expand the scope of the project to include quantities required to upgrade the Kohlman Park basketball and parking lot. Basis of Cost: ❑ Actual ® Estimated Original Contract: $1,816,784.00 Change Order #3: $21,557.50 Change Order #1: $32,022.90 Revised Contract: $2,005,864.40 Change Order #2: $135,500.00 Current Contract: $1,984,306.90 Approved Mayor Recommended Engineer Agreed to by Contractor by Its Title packet page number 104 of 130 Agenda Item M6 Attachment 3 Koh1man C�- - Vals �La ke <e i��� �� F6 1 COUNTY ROAD C Koh1man 0 Park 0 U� Cn PALM Manufactured C Housing Mao Estates C/) C) C- y 5 C 01� � >- 4 CO i n CONNOR N CT. I AVE. DEM U) o C) BROOKS 4JJ ��� CT. i I 112 � SEXTANT <Z i� ��`� � AVE. (60 GER� — - — ---------- — ----- — ---- . ........... — - — ----- . ..... Sp L 32 � Cn PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 2009 Carsgrove Meadows Area Street Improvements City Project 08-10 packet page number 105 of 13 J Agenda Item M7 AGENDA REPORT TO: James Antonen, City Manager FROM: Larry Farr, Chief Building Engineer SUBJECT: Approval of Purchases for Building Operations DATE: September 21, 2009 INTRODUCTION With the large number of needed projects for the City Campus in 2009, staff is recommending that they be processed through one request. This will shorten the process time and provide the council opportunity to review current and expected purchases. Funding is from the operational budget. Since purchase items exceed the limit, these items require council approval. BACKGROUND Ten projects have been identified for the city campus facilities. These projects will be completed throughout the remainder of the year and vary in nature and cost. Each item is listed along with a brief description, cost and associated funding source. Attachments correlate with the item number. DISCUSSION MCC Theater Area Stage Deck Surface Replacement: After inspecting the MCC stage area decking and having the factory representative inspect the surface the recommendation is to replace the surfaces which are separating. This causes an unsafe condition even with repairs for those performing on the surface. There is only one proposal as Wenger is the local representative. $5,124 from 602 - 614 -4410 to 602- 614 -4290 2. MCC Kalwall Skylight Weatherseal: The skylights are located in the second floor hallways and rotunda area and let natural light into these areas. The Fiberglass surfaces need to be sealed to extend the life and protect the surfaces from the elements which have not been done to date. There is only one proposal as SpecPro in the manufacture and their staff is trained in application of the product. $9,410.00 from 602 -614 -4410 3. MCC Court Area Roof Sealed: The roof that covers the court area has exposed surfaces (black stripes) due to the degrading of the granular rock that has come off. This exposes the surfaces to the elements and causes additional damage. The exposed surfaces will be seal coated with a color as close to the existing surface. There is only one proposal as Central Roofing has done previous repairs on the roof. $9,800 from 602- 614 -4410 4. MCC Cooling Compressor #3: The condenser compressor #3 for cooling has failed and needs to be replaced. This is 1 of 4 compressors and is the last of the original compressors that has not been replaced to date. There are three proposals and Northland Mechanical is the low bidder and will honor their original proposal. $16,344 from 602- 614 -4430 packet page number 106 of 130 Agenda Item M7 5. MCC Leisure Pool Pump Replacement: This is for the planned replacement of the Leisure Pool circulating pump with an all plastic pump and impeller. The original metal pump has impeller problems that require replacing it every other year due to chemical wear. The new plastic impeller will last indefinitely and the motor is energy efficient. There is only one invoice as this replacement was done during pool shutdown. $6,914 from 602- 614 -4430 6. City Hall /Police Department Recaulking Project: The City Hall and Police Department have areas that need Recaulking of the exterior building envelope due the age and condition of the existing caulking which has separate, shrunk or just failed in numerous areas. This will seal the interior from the elements and correct exterior joint and expansion seal failures. There is only one proposal from Rite -way Caulking, Inc. at this time due to the timing. $18,592 from 101 - 115 -4410 7. MCC Exterior Concrete, Sidewalk, and Stairs Repairs: The exterior Concrete, sidewalk, and stairs are in need of repair and replacement in varying degrees due to cracking, ground movement, deterioration, and damage sustained over the years. There is only one proposal for this project as Anderson Concrete Forming has done most of the previous repairs at the MCC. $21,464 from 602 - 614 -4410 or other Public Works Funds 8. Public Works and Parks & Recreation CO /NO2 replacement: The CO /NO2 monitoring systems that monitor the amount of exhaust accumulation from vehicles running in the garage area then activating exhaust fans automatically at unsafe levels. The interior garage /vehicle parking monitors have failed in the old section of Public Works and at the Park & Recreations building. The new systems will only operate as required by code when the doors are open or closed therefore saving on heating gas and electricity. There are two proposals for this project, Staff is recommending using the higher proposal by Metropolitan Mechanical which has included running all wiring in conduit which offers more protection and meets code requirements. $11,236 from 101 -115- 4430 9. MCC Thermodyne Compressor #2 Failure Replacement: The Thermodyne unit that controls the Aquatic area (Pool), temperatures and humidity has failed internally and needs to be replaced. There are (2) two compressor which cycle on and off frequently switching between heating, cooling, and humidity control which shortens the life of the compressors. Each compressor can heat and cool the area, with #1 being able to only heat the Lap Pool water and #2 the Leisure Pool Water. The pools can be heated by the hot water building boilers also. This compressor will be a new unit not a rebuilt as there have been issues and a shorter life and only a (1) year warranty. The new unit will have a (5) five year warranty. There is only one proposal as Thermo /Dyne is the manufacture representative and most familiar with the unit functions. $10,723 from 602- 614 -4430 (Unbudgeted) 10. MCC Thermodyne Control System: The Thermodyne System Control Board that controls all of the functions of heating, cooling, and humidification of the (Pool) Aquatic area has had several failures of components and the supplier has trouble getting the parts as it is a 1980 series. If the main control processor which is no longer available were to fail the area would have to close until fixed. There are two proposals and staff is recommending Thermo /Dyne as they are the local representative and lowest proposal. $19,969 from 602- 614 -4430 packet page number 107 of 130 Agenda Item M7 RECOMMENDATION Staff is requesting city council approval to spend city funds as outlined above from the appropriate General Fund Accounts in the following totals 602 -614: $78,283, 101 -115: $29,828, TBQ: $21,464 Cement Repairs. Additional information and pictures are available upon request. The listed projects are planned for completion in the 2009 fiscal year unless delayed due to unforeseen circumstances or rescheduling to future dates. Attachments: Proposals for items 1 -10 packet page number 108 of 130 Customer Quotation Prepared for: Larry Farr Maplewood community Center 2100 White Bear Ave N Maplewood, MN 55109-3710 Date: 5/11/2009 Regarding: Proposal: Deck top replacement Agenda Item M7 11 Attachments "ex 555 Park Drive P.O. Box 448 Owatonna, MN 55060-0448 Page 1 Item Description Qty Reference: Conversation between Sonya Beck, Region Sales Manager & Larry Farr, Chief Building Engineer regarding costs for replacment of existing deck tops Note: Qty of decks refers to original Wenger order #1106805 installed in 1994 5225990 CUSTOM VERSALITE DECK TOP REPL 1 Note#1: Cost per deck $300.00 each Total Qty: 16 decks Note#2: Deck surface to be natural tempered hardboard painted standard black Note#3: Delivery & Pick up of decks: Transportation to be provided by City of Maplewood Total Product Charge Tax Charge Total Charge Unit Price Price ------------- 4,800.00 324.00 5,124.00 Price includes replacement of existing deck tops. Delivery of existing product & pick-up of completed product to be provided by customer Quotation Q 6740791s continued on next page. packet page number 109 of 130 Customer Quotation Prepared for: Larry Farr Maplewood Community Center 2100 White Bear Ave N Maplewood, MN 55109-3710 Date: 5/11/2009 Regarding: Proposal: Deck top replacement Agenda Item M7 Attachments 555 Park Drive P.O. Box 448 Owatonna, MN 55060-0448 Page 2 Item Description Qty Unit Price Price four weeks time frame. Quotation effective for 30 days only. Submitted by Delivery within: **4 Weeks ARO** -7- Tax: Included Vane Middlestadt Terms: NET 30/PENDING CREDIT APPROVAL Sales Admin Team Leader F.O.B. Point: Destination Phone: 800-326-8373 Ext: 465 Fax: 507-774-8571 Q 674079 000210805 Email: jane.middlestadt@wengercorp,com packet page number 110 of 130 DIP - PURCHASE ACREEMENT Subject; City of Maplewood Maplewood,, MN The following is bid for your review. Signed acceptance below verifies it as a Purchase Agreement between Spe&ro, Inc. and City of Maplewood for furnishing installed matotials by Kalwall as fbilows; Sand and apply two (2) coats of Kn1wall's weatherseal to the exterior Ike sheets of one (1) georoof nkylight and three (3) Kalourvo skylights, for a total of approximately 1,216 square feet, Resurfaced panels will not look like new but resurfuing will stop the erosion of ft raw fiberglass on the exterior face sheet, BASE 11ID—' MATERIAL INSTALLED excluding to - $9,410.00 D8 SCRIPTIONS AND CONDITIONS HEREIN CONSTITUTE THE COMPLETE AND ONLY AGREEMENT BETWEEN TBE BUYER AND SELLEX AND IS 13MDTNG UPON SIGNED ACCEPTANCE BELOW, Specifications Seller steal I provide materials and installation described above per published supplier and/or industry specifications, Work Stoppages Any interruption to the work that is not a natural disaster, seller or supplier caused, requiring removal of sellers personnel and/or equipment will add to the sale amount $1,500.00 per each return. trip to the job, Supplier Limitations. The sale amount is contingent on buyer accepting delivery of materials upon arrival at the job which must be shipped by the supplier before June 1, 2010 or be subject to 00'0 escalations. Delays. Natutaidisute.r, mnsportation, off-she labor dispute or similar inteff uptions, should any occur and delay performance, will not be sellers or suppliers liability. Product/Project Items. Please be advised that SpecPro, Inc is a =rit shop. Bid is based on work being completed during normal business hours. Resurfaced panels will not look, like now. Resurfacing will restore the gloss on the exterior face sheet making it more self cleaning, Cleaning; Seller will dry wipe suppliers product at time of installation. Subsequent cleaning or clearring of other surfaces is not included, Trash: Hauling of trash from a spt!ci&d place on the project site to the local dump to be provided at Do cost to Seller. Payment Terms: Balance, due within 30 days following receipt of invoice. Acceptance: This agreement may be voided by seller 30 days from submitted date if not accepted. SIGNATURE PRINTED NAME & TITLE F&T.Va 307 Ftk Ridge Drive Papillion, Ncbtaski 60046 (402) 5978870 Fox (402) W7-8870 packet page number 111 of 130 Agenda Item 7 Attachments Jahn A. Dalsin & Son, Inc. 2830 South 20th Avenue Minneapolis, MN 55407 September 4, 2009 612- 729 - 9334 — Office 612 - 729 - 9330 ---Fax E -mail: jerrys ugdalsin.com Mr. Larry Farr City of Maplewood 1830 County Road B East Maplewood, MN 55109 Re: Roof coating on the barrel roof Dear Mr. Farr: I recently examined the barrel roof on the Community Center roofs as requested by you. On several areas of the roof the granules have eroded away. The granules are needed to protect the underlying asphalt membrane from damage caused by exposure to the suns rays. Granules no longer protect approximately 3,990 square feet of the roof area. Following is a scope of work and proposal to resurface the areas of missing granules: Community Center. 1. Set up appropriate fall protection to allow safe access to all of the areas to be coated. 2. Remove all loose dirt & granules in the areas to be coated. 3. Install Firestone Acrylic base coat over the cleaned surface. 4. Apply Firestone Acrylitop PC -100 (Light Gray) over the base coat. We hereby propose to furnish all the materials and provide all the labor necessary to resurface the barrel roof on the Community Center as described above for the sum of NINE THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS ($9 I trust this gives you the information you are looking for. If not, please call me on the cell phone at 612 - 309 -1473. Thank you for the opportunity to be of service to you. Sincerely, John A. Dalsin & Son, Inc. Jerry eiberlich Project Manager packet page number 112 of 130 PROPOSAL \..!J Agenda Item M7 NORTHLAND MECHANICAL CONTRACTORS, INC. Attachments 9001 SCIENCE CENTER DRIVE, NEw HoPF, MN 55428 PlfoNE: (763) 544 -5100 FAX: (763) 544 -5764 PROPOSAL SUBMITTED O: HONG DATE 651- 249 -2342 October 16, 2008 City of Maplewood Parks Department TItEET OB AME 1830 County Road B East rI "Y, S TATE AND ZIP CODE JOB LOCATION Maplewood MN 55109 ATTENTION: MISC. JOB INFORMATION Larry Farr Change out 2.5 Ton Roof Top Unit Thank you for the opportunity to present our proposal to change out the defective compressor in the Fork condensing unit We propose to furnish and install the fallowing: • Pump down system (if necessary) • Remove existing compressor • Install new York OEM compressor • Re- install all existing piping /electrical • Add one suction shell and cores • Start up and check out of unit for proper operation • Miscellaneous materials. • Freight and tax. • Necessary labor between business hours of 7:00 am to 3:30 pm weekdays. • Start up and check out. • l -year labor and material warranty • Clean up and remove NMC debris from the jobsite. Specifically excluded is: • Overtime labor, • Other system deficiencies. Diagnostics and additional corrections, if necessary. WE PaoPosE hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Price will be $16,344.00 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and tither necessary insurance, Out workers are frilly covered by Workmen3s Compensation Insurance. Ty Granger, Service Sales Dote: proposal may be withdrawn by us if not accepted within 30 days. Cell Phone: 612- 369 -7262 ACCEPTANCE OF PROPOSAL - The above prices, specifications and conditions are satisfactory and hereby accepted.. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Signature packet page number 113 of 130 October 20, 2008 Jim Behan Director of Facilities Maplewood City Of 1830 County Road B East MAPLEWOOD, MN 55109 U.S.A. Site Address: Maplewood Community Center 2 100 White Bear Avenue MAPLEWOOD, MN 55109 U.S.A. Attention: Jim Behan Project Name: Maplewood Community Center compressor replacement Trane is pleased to offer you this proposal. Services will be performed using Trane's Exclusive Service Procedure to ensure you get full benefit of our extensive service experience, coupled with the distinct technical expertise of an HVAC Equipment manufacturing leader. Our innovative procedure is environmentally and safety conscious, and aligns expectation of work scope while providing efficient and productive delivery of services. Equipment List Equipment Qty Manufacturer Model Number Serial Number Area Served I Asset Tag 170 Ton York 1 York YCAJ77SU6 FBCM100084 Chiller international I I I Tasking List • Isolate old compressor • Reclaim refrigerant in old compressor • Remove compressor • Set new compressor in place • Pressure check new compressor with dry nitro Evacuate compressor Open compressor to system Charge as necessary Scope of Service Trane will provide and install a new York OEM exchange compressor for the above unit. This includes all labor and material necessary including a full unit start up following the compressor replacement. This proposal assumes the existing compressor service valves will hold back the system refrigerant. If this eservice do not hold complete system refrigerant recovery will be necessary. This proposal does not include system refrigerant recovery, this potential will be quoted as necessary. Total Price ................................................................. $17,159.42 packet page number 114 of 130 @2008 Trane All fights reserved Page 1 of 3 Trane Service Quote maplewood comm center compressor VV OA,_p d: 17576 M7 Attachments Notes: 1. Applicable taxes are not included and will be added to the invoice. 2. Any service not listed is not included. 3. Work will be performed during normal Trane business hours. Thank you for giving us this opportunity. If you have any questions or concerns, please call me At (651) - 468-2755. Sincerely, Shane O'Neill Account Manager Trane This proposal is valid 30 days from October 20, 2008. This aoreement is subiect to the attached Trane Terms and Conditions. SUBMITTED BY Shane O'Neill Proposal Date: October 20, 2008 Account Manager CUSTOMER ACCEPTANCE TRANS ACCEPTANCE Trane U.S. Inc. Authorized Representative Authorized Representative Printed Name Title Title Purchase Order Acceptance Date Signature Date packet page number 115 of 130 @2008 Trane All rights reserved Page 2 of 3 Trane Service Quote 3 PROPOSAL METROPOLY)FAN MECHANICAL CONTRACTORS, INC. 7340 WASI'UNGTONAVEIMSOUM, 1 E1?P , NPRAMIF,MNNESO'rA55344-3592 PHOM:(952)941-7010 FAX: (952)941-9118 Agenda Item M7 Attachments Per our recent meeting regarding the compressor in the York chiller unit I am pleased to submit the following proposal: • Recover refrigerant charge from affected circuit • Remove existing compressor Install York remanufactured compressor • Install now compressor contactor • Install suction filters on refrigerant system to clean system • Recharge unit using recovered refrigerant • Stan up and check out Additional refrigerant if required would be added on a T&M basis. This proposal does not include changing the service valves that are more than likely not functioning. Please add $700 to change the discharge service valve and $ 1, loo to change the suction service valve ifyou would like them changed so future wo on thi c ompresso r could be done without having to recover the refrigeimt charge. Please contact me to proceed with the above project or with any farther questions you m ay h WE PpO)POSE hereby to furnish material and labor - complete in accordance with above specifications, for the sum of Sixteen Yhousand Six Hundred Ninety Dollars ($16,690) All material is guaranteed to be as spociflod, All Nvork to be completed in a workmaiiiiko mattrter according to standard ptactices. Any alteration or deviation from above sPeOfficalidno involving extra costs 'will be executed only upon written orders. and will become an extra. charge Over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other noconaty insurance. Our workers are fully covered by Workmens Compensation Ins 0. - auptrt, Sentatiwe Note! proposal may be withdrawn by us if not accepted within 30 days. 612-919-47 ACCEPTANCE OP PROPOSAL - The above prices, spcoifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as speofficil, Payment will be -Adr, as outlined above_ Date of Acceptance Signature I 'd Z 9 8 8 ' 0 N 0 Dear fim- 501 INDUSTRIAL BLVD. WACONIA, MN 55387 PH. (952) 856 -7550 0— 4 � - mom Item ..�..�.,.._, 2 Pulsar Briyuettes(CALCIUM HYPOCHLORITE), Dry iuv.v� -- CPB50 -item Mixture, 5.1, UN1748, PGII RQ,50 tbs. 424 -9300 FOR ANY CHEMICAL 0,00 0,00 (CHEMTREC) CALL 1- 800 - EMERGENCY 0.00 00 Total weight: 100 tbs BICARBONATE) 50 tbs. 32.40 129.60T WEIGHT 4 Sodium Bicarbonate(SODIUM 187.50T CSB50 Ba 10 Calcium Chloride 50 tbs. 18.75 32.93 131,72T CCC50 TAY- RO870 - 4 DID Powder 1/4 lb. 4, FAS -DPD TitratingReagent (chlorine), 2 oz. (60m1)' 9.83 25.00 39.32T 25.00T E TAY- R0871 -2 1 Delivery Charge 6.875% X19.12 DELIVERY CHA...; Minnesota Sales Tax E 0 a 0 0 M O co ,t r 1 s r 1 W Total $763.56' 0 80432101 -97 packet page number 117 of 130 1 501 INDUSTRIAL BLVD. WACONIA, MN 55387 PH. (952) 856 -7550 AMR 7 ments P.O. No. Terms Due Date Rep Ship Via Project Service 9/8/09 Net 30 10/14/2009 DRL Aqua Truck IND- 1071005 4 1/2° FPT PVC Thd Omni Ball Valve 16.80 67:20T Minnesota Sales Tax 6.875% 357:07 Total $6,150.77 packet page number 118 of 130 080432/01 -97 Agenda Item M7 Attachments Rieht-waE Ca lkinz Inc. 1135 73 Avenue NE Fridley, Minnesota 55432 Office (763) 780 -4102 Far (763) 780 -3363 Quotation Attention: Larry Farr Chief Building Engineer City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 Project: Recaulking of Maplewood City Hall 1830 County Road B East Maplewood, Minnesota July 12, 2007 Thank you for the opportunity to provide this proposal for recaulking at above - mentioned project. Below you will find our proposal. Price # Base Bid: $,10, 024.00 See pe of Work • Remove existing sealant at exterior perimeter of all exterior openings and prepare (clean and prime) joints as required • Furnish and install new backer rod and joint sealant at exterior perimeter of all exterior openings (sealant material would be 5onneborn NP 2) Price # 2 Base Bid: $ 4, 840.00 Scope of Work • Remove existing sealant at all exterior masonry wall control joints and prepare (clean and prime) joints as required • furnish and install new backer rod and joint sealant at all exterior masonry wall control joints using Sonneborn NP 2 Pace # 3 Base Bid: $180. 00 Scope of Work • Remove existing sealant at courtyard metal roof edge on south side and prepare (clean and prime) joints as required • Furnish and install new joint sealant at courtyard metal roof edge on south side E0 packet page number 119 of 130 Agenda Item M7 Attachments Ri . :ght-way , ulkin I nc. g 1135 73" Avenue NE Fridley, Minnesota 55432 Office (763) 780-4102 Fax (763) 780-3363 IQUOM0017 July 12, 2007 Project: Recaulking of Maplewood City Hall 1830 County Road B East Maplewood, Minnesota Price 4 4 Base Bid: $ 386.00 Scope of Work ■ Caulk existing stucco vertical wall joints between stucco to brick that has never been caulked under main entrance soffit looking to the north. Furnish and install new backer rod and joint sealant using Sonneborn NP 2. Price 9 5 Base Bid: $ 1, 970. 00 ! Y �oe of Work ■ Remove existing sealant at maximum 400 lineal feet of sidewalk expansion joints ■ Furnish and install new joint sealant at maximum 400 lineal of sidewalk expansion joints using Sonneborn SL 2 Pricing includes labor, material, and sales tax Pricing is subject to acceptance within 60 calendar days from date of proposal If you have any questions regarding this proposal please feel free to contact us- Sind Ri Nelson Estimator + CL R-77 0 E IV ED packet page number 120 of 130 Agenda Item M7 Attachments City of Maplewood 1830 County Road B East Maplewood, MN 55109 ESTIMATE NO 1059 002to 611 /2009 lEstimate I DESCRIPTION I QTY I COST I TOTAL I South side of building; Light poles - tear out concrete and replace with colored concrete. Tear out and replace Concrete up by main door. Tear out and replace concrete at bottom of stair case. Seal and caulk stair rail (1st and 2nd tier) Block repair is not included. Tear out and replace stairway bottom. East side of building Tear out and replace east side 14'3 "x8'8" East door to building 14'3'X5 Tear out and replace handicap curb entrance. Tear out and replace concrete. Tear out and replace where trash can was. Tear out and replace sidewalk by parking. North side of building; Tear out and replace bottom of sidewalk 6'6"x7`0" West side of building; 3 400.00 1,200.00 323 12.00 3,876.00 110 8.00 880.00 1 600.00 600.00 134 8.00 1,072.00 1 1,800.00 1,800.00 1 100.00 100.00 1 2,000.00 2,000.00 260 8.00 2,080.00 1 300.00 300.00 482 8.00 3,856.00 1 800.00 800.00 Members of-, Better Business Bureau ESTIMATE TOTAL Minnesota Concrete Foundation Association I I All items listed with a quantity are in the grand total price. Items NOT included in the estimate: 1. Posted road restriction costs. 2. Heated concrete costs, 3. Removal of water from excavation. 4. Moving or providing sand fill. 5. Bracing of foundation walls. Payment is due within 30 days for work in place, lima packet page number 121 of 130 Agenda Item M7 Attachments City of Maplewood 1830 County Road B East Maplewood, MN 55109 I ESTIMATE NO, I DATE I If 6/l/2009 Estimate DESCRIPTION CITY COST TOTAL Replace stair top to White Bear Avenue, 1 600.00 600.00 Tear out step and sidewalk 5'0N49" w/3 risers. 1 1,500.00 1,500m Stairs by loading dock - replace concrete and cut 1 800.00 800.00 asphalt, Members of; Better Business Bureau Minnesota Concrete Foundation Association ESTIMATE TOTAL $21,464.00 All items listed with a quantity are in the grand total price. Items NOT included in the estimate: 1, Posted road restriction costs, 2. Heated concrete costs. 3. Removal of water from excavation. 4. Moving or providing sand fill. S. Bracing of foundation walls. Payment is due -within 30 days for work in place. zM packet page number 122 of 130 Submitted To: From: ages: City of Maplewood John Finley Attention: Email: Larry Farr, Chief Building Engineer iohn. in ley( north land mechanical. com Fax: Job Location: 651-249-2319 Public Works/Park and Rec. Date: Miscellaneous Job information: January 27, 2009 Co Sensor Replacement Northland Mechanical Contractors, Inc. is pleased to present the following proposal: • Install 7 Vulcain Co/No2 Defectors, 5 at Public Works and 2 at Park & Rec. InvAimionq- • 7 new Vulcain Co/No2 Detectors • Labor • Materials • Start-up • Check-out Exclusions: • Overtime labor. • Control repairs if necessary • Other system repairs if necessary Clarifications: • All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Our proposal may be withdrawn by us if not accepted within 30 days. We hereby propose to furnish material and labor, complete in accordance with the above specifications, for the sum of: Public Works: Five Thousand Six. Hundred Sixty Five Dollars ......................................................... $5,665.00 Park and Ree: Two Thousand One Hundred Sixty Dollars .............................................................. $2,160.00 Thank you, Northland Mechanical Contractors, Inc. P"'ght& John Finley - Vice President Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Customer Signature An equal opportuniq empl www.northlandmechanical.co-M Page I of I PROPOSAL 19M METROPOLITAN MECHANICAL CONTRACTORS, INC. 7340 WASHINGTON AvuNuE Soma, EDEN PRAitziE, MwNEsoTA 55344-3582 PHoNE:(952)941-7010 FAx: (952) 941 -9118 Agenda Item M7 Attachments PROPOSAL SU13MITTED l'O: PHONE DATE City of Maplewood 651-249-2342 (fax) 651-249-2319 1 219/09 T_RErT J_0B_1VA_ME 1830 County Road B East COI NO2 Controls CITY, STATE AND ZIP CODE JOB LOCATION Maplewood MN 55109 Public Works/ Parks and Recreation TENTION: NU JO R N F 0 R M A TI 0 N Mr. Larry Farr Dear Larry: Per our conversation I am forwarding the following proposal to add carbon monoxide (CO)/ nitrogen dioxide (NO2) sensors/ controllers for both garages. These controllers will sense the levels of CO or NO2 and only operate the make up air units and exhaust fans if required, therefore saving gas and electricity. Our proposal is as follows: • Install Vulcain CO/ NO2 controllers/ detectors south Public Works garage and Parks Dept. garage Public works will have four ( 4 )controllers, Parks to have two ( 2 ) Install low voltage wiring and required relays to tie system in ventilation system Test and calibrate system with bottled gas Provide City of Maplewood permits Proposal assumes the following: Work to be performed during straight time hours • Any pre-existing issues with the mechanical equipment being controlled will be addressed on a T&M basis If interface with the Trane control system is required, this will be done by City of Maplewood Please contact me with any questions you may have. WE PROPOSE hereby to furnish material and labor - complete in accordance with above specifications, for the sum of Public Works ($7,004) Parks ($4,232) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance, Our workers are fully covered by Workmenas Compensation Insurance. Dale M. Haupert, Account Sales Representative 612-919-4701 Note: proposal may be withdrawn by us if not accepted within 30 days. AccEPTANcF, OF PROPOSAL - The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Signature packet page number 124 of 130 C:\DOCUNffi'NTS AND SETTINGSEFAMLOCAL SETTINGS1TFWOPARY 1KMJRNETF11,ESN0LKDAXNWWD CO CONTROLS.DGC Agenda Item 7 Attachments Therm rie, Inc. OA Quotation Pagel of I Project Name Maplewood Community Center Quote # Q35236-1 Affn Larry Farr Quote by Steve Mettling Customer Maplewood Community Center Quote Date 9121/2009 2100 White Bear Avenue Revision Maplewood, MN 55109 Rev Date Phone. (651) 249-2219 Addend, Ree'd 1 REPLACE COMPRESSOR MODEL 6DR3'-3500 TSK SERIAL E7C13794-COM 8608 AND $10,723.00 ACCESSORIES I Furnish all materials and labor to replace the compressor on the APR unit. The parts would include a new compressor with a 5 year warranty, liquid line driers, new compressor contactors, and a complete startup and checkout of all functions of unit operation. Perform an oil analysis on the compressor circuit after run time and submit to the owner. 14149 21st Avenue North, Plymouth, MN 55447 (763) 557-4900 (800) 279-4999 fax (763) 557-4916 Terms: Not thirty (30) days subject to credit approval. All shipments are FOB Factory unless otherwise stated. This proposal is subject to change without notice and void after thirty (30) days. This proposal does not include sales or use tax payable under any State or Federal statute unless otherwise stated. All warranties are by the equipment manufacturer. packet page number 125 of 130 Q' 0 ) Agenda Item M7 Attachments Quotation Page I of 1 Project Name Maplewood Community Center Quote # Q34270-1 Attn Jim Behan Quote by Steve Mettling Customer Maplewood Community Center Quote Date 3127/2009 2100 White Bear Avenue Revision Maplewood, MN 55109 Rev Date Phone: (651) 249-2219 Addend. Ree'd Qty. Description Net Price FURNISH AND INSTALL NEW CONTROL SYSTEM FOR APR POOL DEHUMIDIFICATION SYSTEM $19,969.00 Thermo-Dyne service will install a new Jace control system for the APR unit The parts included are qty 2 Jace controllers, qty 6 1/0 boards, qty 2 water sensors with wells for LaplLiesura pools, qty I return air sensor, qty I outdoor tomp1humidity sensor, qty I indoor temp1humidity sensor, interlock relays, a pre-wired control panel, controller configuration, and a complete wiring diagram. Note: This quote is based upon duplicating the existing sequence of operation and point count that is approximately 78 inputs and outputs. Interfacing to view and adjust data would be done through a browser such as Internet Explorer. If the Trane chiller and building system device can provide a Lon or Bacnet output the controller could also be incorporated into the system. 14149 21st Avenue North, Plymouth, MN 55447 (763) 567 (800) 279-4999 fax (763) 567-4916 Terms; Net thirty (30) days subject to credit approval. All shipments are FOB Factory unless otherwise stated. This proposal is subject to change without notice and void after thirty (30) days. This proposal does not Include sales or use tax payable under any State or Federal statute unless otherwise stated. All warranties are by the equipment manufacturer. packet page number 126 of 130 0 TRAME0 Proposal Prepared For: Mr. Larry Farr— City of Maplewood Date: December 2, 2008 * W 0 0 . 0 Job Name: Maplewood Community Center Pool Unit Controls Delivery Terms: Freight Allowed & Prepaid; F. 0, B. Factory Payment Terms: Net 30 Days Agenda Item M7 The Trane Company Attachments Trane Twin Cities is pleased to provide the enclosed proposal for your review and approval. Trane will provide and install new controls in the existing Pool Unit at the Maplewood Community Center and connect them to your existing Trane Tracer Summit Energy Management System. This proposal includes: • Engineering, project management and field labor • Trane Programmable Control Panels required to complete sequence of operation • New sensors and relays required to complete sequence of operation • Electrical installation of automation system (see clarifications) • Owner Training (2 hours minimum) • As-built documentation • One year material & labor warranty on new automation system components Estimated Points List. Binary Output Blower Lap Pool Heat Leisure Pool Heat Stage I Heat Stage 2 Heat HW Heat Aux Lap Pool Heat Aux Leisure Pool Heat Economizer Cooling Stage 1 Dehumidification Stage 2 Dehumidification Compressor #1 Shutdown Compressor #2 Shutdown Liquid Line Solenoid # I Enable Liquid Line Solenoid # 2 Enable Pool Heat Valve #1 Enable Pool Heat Valve #2 Enable System Reset Manual Pump down Bypass Compressor #1 Minimum Run Flag Compressor #2 Minimum Run Flag I=— Damper Control HW Valve Control Analog Inputs Return Air Temperature Return Air Humidity Mixed Air Temperature Supply Air Temperature Lap Pool Entering Temp Lap Pool Leaving Temp Leisure Pool Entering Temp Leisure Pool Leaving Temp Binary Inputs Smoke Detector Fan Relay # 1 Heat Stage Relay # I Heat Stage Relay # 3 Fan Relay# 2 Pool/Heat Rejection Valve # 1 Pool/Heat Rejection Valve # 2 Power Failure Relay High Pressure Switch # I Loss of Charge Switch # 1 Oil Pressure Control # 1 Compressor Relay # 1 Liquid Line Solenoid Valve # 1 High Pressure Switch # 2 Loss of Charge Switch # 2 Oil Pressure Control # 2 Compressor Relay # 2 Liquid Line Solenoid Valve # 2 R1 Relay Status Lap Pool Relay Status Leisure Pool Relay Status Pee—, Trane Proposal ge • 12V/08 Agenda Item M7 Attachments Clarifications: All work to be performed during normal business hours. If overtime is required, it will quoted on a time and material basis. Existing Unit is assumed to be in proper working order. Repair labor of existing equipment is not included and will only be performed with the customer's written authorization. The points listed above are estimated and may vary based on available devices included on the existing unit. All work to be performed during normal business hours (Monday-Friday, 7:00 AM — 4:00PNI). If after hours work is required, additional charges will apply. TotalInstalled Price - Items: Al ........... ............. __ ...... ............... ....... ................................ $31,855.00 Respectfully Submitted, CONTRACT ACCEPTANCE The proposal and the terms and conditions on the next page(s) are hereby accepted: Russ Prososki Authorized Representative Twin Cities Trane 5916 Pleasant Avenue S Minneapolis, MN 55419 Title Phone: 612-798-3039 Acceptance Date --------------- — - ------- - --- Purchase Order # Panket Page n mabei J 98 of IAn Trane Proposal Page 2 of 3 - in NA R MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: September 22, 2009 RE: Payment of Invoice To assist in the marketing of the annual Taste of Maplewood and Friends each year the city publishes an event guide to get the word out to the public. Heidi Carey, our Marketing and Advertising Coordinator solicits vendors to place ads in the event guide to help defer printing costs. The revenue sponsorship for ads placed in the 2009 Taste of Maplewood and Friends event guide was $5,885.00. In light of the current purchase limit of $5,000 without council approval it is requested that council approve the invoice for Imagewerks for printing the 50,000 event guides in the amount of $6,438.63. packet page number 129 of 130 ima9ewe.k ��ll �l Nll �l l�ll���'�'; %,��,,`;�;�d`,'� =''? Bill To .r City of Maplewood 1830 County Road S East Maplewood, MN 55109 Date Invoice # 7/31 /2009 59479 Ship To 651 770 1:319 iii 651 7702294 t 1600 GERVAIS AVE #8 I MAPLEW C1 MN 551 9 m t ling,c:oiaa paceiISage number 1 0 P.O. loo. Terms Ship Via Rep Due Date Net 30 1lA 8/30/2009 Item Description Price Each Amount Event Guide PS0(30 Print 50,000 Event Guides 6,010.39 Printing $5500.39 Typesetting 6 hours $510.00 A 1.5% finance charge will be assessed on balances over 30 days. Subtotal $6,010.39 Sales Tax (7.125 %) $428.24 Total $6,438.63 Payments /Credits $0.00 Balance Clue $6,438.63 651 770 1:319 iii 651 7702294 t 1600 GERVAIS AVE #8 I MAPLEW C1 MN 551 9 m t ling,c:oiaa paceiISage number 1 0