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HomeMy WebLinkAbout2010 01-25 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 25, 2010 City Hall, Council Chambers Meeting No. 03 -10 ('PLEASE NOTE TIME CHANGE OF MEETING) 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. Before addressing the council, sign in with the City Clerk. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. " E. APPROVAL OF MINUTES 1. Approval of January 4, 2010, Special Meeting Minutes 2. Approval of January 11, 2010, Council Manager Workshop Minutes 3. Approval of January 11, 2010, Council Meeting Minutes 4. Approval of January 12, 2010, Council Manager Workshop Minutes 5. Approval of January 14, 2010, Council Manager Workshop Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Appointment Of Vacated Council Seat and Swearing In Ceremony 2. Appointments To Business and Economic Development Commission G. 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. Conditional Use Permit Review, Menards, 2280 Maplewood Drive. 3. Conditional Use Permit Review, Seasons At Maplewood (Formerly Known As The Regents) Kennard Street And Legacy Parkway 4. Conditional Use Permit Review, Feed Products North Office Building, West Of 1300 McKnight Road 5. Temporary Gambling Permit and Request For Temporary Permit Fees To Be Waived — Carver School 6. Approval Of 2010 Contract Between City Of Maplewood and Financial Concepts Inc. (FCI) 7. Approval Of 2010 Pay Rates For Temporary /Seasonal, Casual Part -Time And Paid - Per -Call Employees 8. White Bear Avenue Improvements, City Project 08 -13, Resolution Granting Permanent Highway Easement To Ramsey County 9. Request Approval Of 2010 Animal Control Contract 10. Resolution Establishing Depository Services Account For Ambulance Activity H. PUBLIC HEARINGS 1. Hills And Dales Area Street Improvements, City Project 09 -15 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement After Public Hearing (4 Votes) 2. Consider Adoption Of The Sign Ordinance — Second Reading UNFINISHED BUSINESS 1. Consider Adoption Of The 2030 Comprehensive Plan and Surface Water Management Plan (Requires 4 Votes) 2. Consider Adopting Ordinance On Recreational Fires (Second Reading) J. NEW BUSINESS 1. Consider Adopting Resolution Of Support For Tubman To Allow City As Fiscal Agent For State Bonding Proposal K. VISITOR PRESENTATIONS M. ADMINISTRATIVE PRESENTATIONS 1. Council Management Team Retreat N. COUNCIL PRESENTATIONS • za • ;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. 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 6:30 p.m., Monday, January 4, 2010 Council Chambers, City Hall A. CALL TO ORDER Agenda Item E1 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:31 p.m. by Acting Mayor Juenemann. B. PLEDGE OF ALLEGIANCE r - i MO T - A Rossbach, Mayor Present Kathleen Juenemann, Acting Mayor /Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Councilmember Nephew Seconded by Councilmember Rossbach. Ayes — All The motion passed. E. APPOINTMENTS AND PRESENTA F. NEW BUSINESS 1. Oath of Office — Kathleen "Kathy" Juenemann and James Llanas for the Office of Councilmember a. City Clerk, Citizen Services Director, read the Oath Of Office to Kathleen Juenemann and James Llanas swearing them in to office as councilmembers. 2. Approval Of Resolution Accepting Resignation And Declaring A Vacancy On The Council a. City Clerk, Citizen Services Director, gave the report. Councilmember Nephew moved to approve the Resolution Accepting the Resignation and Declaring A Vacancy On The Council City of Maplewood Resolution 10 -01 -309 Accepting Resignation and Declaring a Vacancy WHEREAS, Councilmember Will Rossbach received the highest number of votes cast for January 4, 2010 Special City Council Meeting Minutes Packet Page Number 3 of 184 Mayor in the November 3, 2009 Municipal Election. THEREFORE, the Maplewood City Council has received his written resignation as councilmember, effective on January 4, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Council accepts Will Rossbach's resignation as city council member and declares that a vacancy exists on the council effective January 4, 2010. Adopted by the City Council of the City of Maplewood on January 4, 2010. 2 • • • - i Acting Mayor, Kathleen Juenemann Attested: City Clerk, Karen Guilfoile Seconded by Councilmember Juenemann Ayes — Acting Mayor Juenemann, Councilmembers Llanas & Nephew Abstain — Councilmember Rossbach The motion passed. 3. Oath Of Office — Will Rossbach For The Office Of Mayor a. City Clerk, Citizen Services Director, Karen Guilfoile read the Oath of Office to Will Rossbach swearing him in as Mayor. Acting Mayor, Juenemann then handed the gavel over to Mayor Rossbach to complete the remainder of the council meeting. 4. Council Seat Arrangements a. Mayor Rossbach and the council discussed and agreed on their council seat arrangements. 5. Resolution Calling For A Special Election a. City Clerk, Citizens Director, Karen Guilfoile gave the report. Mayor Rossbach asked for citizen input and invited residents to come forward and speak before the motion was seconded. No residents came forward. Councilmember Nephew moved to approve the Resolution Calling For A Special Election January 4, 2010 Special City Council Meeting Minutes 4 Packet Page Number 4 of 184 City of Maplewood Resolution 10 -01 -308 Calling for a Special Election WHEREAS, Councilmember Will Rossbach received the highest number of votes cast for Mayor in the November 3, 2009 Municipal Election which creates a council seat vacancy on the city council. THEREFORE, the Maplewood City Council has received his written resignation as councilmember, effective on January 4, 2010 creating a vacancy on the city council. THEREFORE BE IT RESOLVED, a Special Election is ordered to fill the vacancy on the Maplewood City Council. The Special Election will be held in conjunction with the 2010 State Primary Election. The person elected shall fill the vacancy for the remainder of the term vacated by Councilmember Will Rossbach to December 31, 2011. BE IT FURTHER RESOLVED, that the city council shall make a temporary appointment to fill the vacant seat as soon as is practical and that individual will serve until that time that a winner is declared and is sworn into office after the 2010 Special Election is held for purpose of filling the seat vacated by Councilmember Will Rossbach. 9 • • i - f r, Will Rossbach Attested: City Clerk, Karen Guilfoile Seconded by Councilmember Jenemann. Ayes — All The motion passed 6. Consideration Of Appointment Process To Fill Temporary City Council Vacancy a. City Clerk, Citizens Director, Karen Guilfoile gave the report. Mayor Rossbach invited the public to come forward and address the agenda item. The following persons spoke: 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. 2. Bob Zick, 2515 White Bear Avenue, Maplewood. Councilmember Nephew moved to recommend that each councilmember submit a name for consideration to complete the term vacated by Councilmember Rossbach. Councilmembers should prioritize candidates who have had prior experience as councilmembers in Maplewood, in another city or secondarily as commissioners in the City of Maplewood. As a second criteria this January 4, 2410 Special City Council Meeting Minutes 9 Packet Page Number 5 of 184 shall include people who aren't interested in running in the Special Election. A councilmember workshop will be held Tuesday, January 12, 2010, at 5:00 p.m. for the purpose of considering candidates for appointment to city council office. Each candidate will be asked to provide an application and/or resume for the position by 3:30 p.m. January 8, 2010. Seconded by Councilmember Juenemann. Councilmember Llanas made a friendly amendment to have the candidates fill out the application and/or provide a resume to serve on the city council by Friday, January 8, 2010. That friendly amendment is acceptable to both Councilmembers Nephew and Juenemann. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 7. Set Council And Management Team Retreat Date a. City Manager, James Antonen gave the report. The council determined that the retreat date would be Friday, February 5, 2010. G. ADJOURNMENT Mayor Rossbach adjourned the meeting at 7:13 p.m. January 4, 2010 Special City Council Meeting Minutes rd Packet Page Number 6 of 184 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 4:30 p.m., Monday, January 11, 2010 Council Chambers, City Hall A. CALL TO ORDER Agenda Item E2 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 4:35 p.m. by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Kathleen Juenemann, Councilmember James Llanas, Councilmember John Nephew, Councilmember C. UNFINISHED BUSINESS None. D. NEW BUSINESS Commission and board In a. Community Design Revi b. Park & Recreation Com c. Planning Commission d. Police & Civil Service C< e. Environmental And Nate Present Present Present Present at 4:40 p.m. For Reappointment For The Following: I Commission The City Councilmembers asked particular questions of each of the candidates for the interview or reappointment process. The council then voted on each candidate. The final decision will be made at an upcoming City Council meeting. 2. Interview Of (BEDC) Business And Economic Development Commission Applicant a. Marvin Koppen ADJOURNMENT Mayor Rossbach adjourned the meeting at 6:30 p.m. January 11, 2010 City Council Manager Workshop Minutes Packet Page Number 7 of 184 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 8 of 184 MINUTES Agenda Item E3 MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, January 11, 2010 Council Chambers, City Hall Meeting No. 02 -10 El 13 C. 0 CALL TO ORDER 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 Rossbach. PLEDGE OF ALLEGIANCE ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present APPROVAL OF AGENDA The following items were added by Mayor Rossbach': H1. Citizen's Forum H2. Visitor Presentations H3. Council Chambers Sound Svstems Councilmember Jueneman Seconded by Councilmemb rove the aoenda as amended. The motion passed. Ayes — All 1. Approval of December 7, 2009, Special City Council Minutes Councilmember Juenemann had a correction to D 1. b. Mayor Longrie presented her 2010 budget. Councilmember Nephew moved to approve the December 7, 2009, Special City Council Minutes as amended. Seconded by Councilmember Juenemann. Ayes — Mayor Rossbach, Councilmembers Juenemann, and Nephew Abstention — Councilmember Llanas The motion passed. Page 1 of 21 Packet Page Number 9 of 184 2. Approval of December 14, 2009, City Council Meeting Minutes Councilmember Nephew had corrections to the minutes of December 14, 2009, that he sent in to City Clerk, Guilfoile. Councilmember Nephew moved to approve the December 14, 2009, City Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann. Ayes — Mayor Rossbach, Councilmembers Juenemann, and Nephew Abstention — Councilmember Llanas The motion passed. 3. Approval of December 14, 2009, City Council Meeting Minutes Councilmember Nephew had corrections to the minutes on page 3, J. 1. 7. It should say George Oxford not t =epez In the friendly amendment, change the word caliber to caliper. On page 21, under item 4, change the word reclused to recused. Under 4 b., the last name M 4 should be M ireau . On page 23, after Councilmember Nephew accepted the friendly amendment, change the word rectused to recused. Councilmember Juenemann had a correction to page 3 page 13 of 180, 1 1. It sounds odd and the wording needs to changed, Mr. Rossbach presented the plaque (the words a+4 should turn into by) Councilmember Nephew as amended. Seconded by Councilmember Juenemann. Ayes — Mayor Rossbach, Councilmembers Juenemann, and Nephew Abstention — Councilmember Llanas The motion passed. F. VISITOR PRESENTATIONS — PART 1 Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten discussed her disappointment in the way the council decided to handle the temporary city council position. Ms. Sletten said there will be a petition to have a state audit conducted from January 1, 2004 to December 31, 2009 which is a citizen - driven initiative. To sign a petition for the audit citizens can go to the Ramsey County Public Library in Maplewood January 13 from 12 — 4, January 16 from 10 -12, and January 21 from 6 to 8 p.m. 2. George Rossbach, 1386 County Road C East, Maplewood. Mr. Rossbach said at a December city council meeting he was misquoted as saying he thought TIF was a license to steal and he clarified that he stated a "PUD" was a license to steal. Mr. Rossbach stated he had problems with developers calling it a PUD, that way the developers were able to do things others could not do. If properly used and TIF can be a plus to the city. Mr. Rossbach said 15 years ago the city initiated televising council meetings to establish rules for citizen presentations. Mr. Rossbach said the rule used to be that during an election year city councilmembers that were Page 2 of 21 Packet Page Number 10 of 184 on the ballot running for office could not use visitor presentations to speak, and nobody could speak during visitor presentations "for" or "against" a candidate. He said visitor presentations are not to be used as a political campaign soapbox. He said before the election last fall at one meeting, seven people spoke about political issues and used individuals names that were on the ballot. He said he would like the city council to revisit that rule prohibiting this for the future. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick discussed his opinion of using TIF in the city and commented on what was mentioned by George Rossbach. He agreed with Ms. Sletten regarding how the process of filling the temporary city council position vacancy should be an open process and not a closed endeavor by the current city council. Mr. Zick described the difference between a "resident" and a "citizen" in Maplewood and asked that the city council refer to people living in Maplewood as citizens and not residents. Mr. Zick commented on the seating arrangement of the new city council. Mr. Zick gave opinions of other observations as Well. G. ADMINISTRATIVE PRESENTATIONS 1. Notice Of Council Manager Workshop On January 14, 2010, at 5:00 p.m. In Council Chambers To Conduct Interviews For The Business and Economic Development Advisory Commission. a. City Manager, James Antonen gave a brief report. Councilmember Nephew made a motion to hear { proceed accordingly. ns next on the aaenda and Seconded by Councilmember Juenemann. Ayes — All The motion passed. H. COUNCIL PRESENTATION Citizen's Forum — Mayor Rossbach Mayor Rossbach said the Citizen Forum takes place the first Saturday of the month. Mayor Rossbach suggested that all councilmembers be involved and recommended the council rotate hosting the Citizens Forum. He would also like to move the Citizen's Forum meetings to other locations in the city so citizens in the south leg of Maplewood would have better access if they chose to come to the meetings. Councilmember Nephew recommended discussing this further during item 1-5. 2. Visitor Presentations — Mayor Rossbach Mayor Rossbach said he has had several residents state they do not like to attend the beginning of the city council meetings because of the people that speak during visitor presentations. This topic will be discussed during L5 as well. 3. Council Chambers Sound System — Mayor Rossbach Mayor Rossbach said several residents have complained that it is very difficult to hear as a member of the audience during city council meetings. Mayor Rossbach stated he would like to rectify that problem and recommending making improvements on the sound in the council chambers for the people in the audience which the councilmembers agreed should be done. I. APPOINTMENTS AND PRESENTATIONS a. Assistant City Manager, Chuck AN gave a brief report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Page 3 of 21 Packet Page Number 11 of 184 1. Reappointment To Community Design Review Board 2. Reappointment To Park & Recreation Commission 3. Reappointment To Planning Commission Councilmember Nephew moved to reappoint Ananth Shankar to the CDRB, Bruce Roman and Kim Schmidt to the Park & Recreation Commission, Dale Trippler to the Planning Commission, and Lisa Liddell to the Police Civil Service Commission all for term durations as currently prescribed by ordinance for their respectable . Seconded by Councilmember Llanas. Councilmember Juenemann made a friendly amendment to pull the Police Civil Service Commission position off and vote on that separately. Councilmembers Nephew and Llanas accepted the friendly amendment. Councilmember Nephew made a revised motion to reappoint Ananth Shankar to the CDRB, Bruce Roman and Kim Schmidt to the Park & Recreation Commission and Dale Trippler to the Planning Seconded by Councilmember Llanas. Ayes — All The motion passed. Councilmember Nephew terms so thev do not all expire December 31 and January 1. Seconded by Councilmember Juenemann. Ayes — All 4. Reappointment To Police & Civil Service Commission Mayor Rossbach moved to reappoint Lisa Liddell, on the Police & Civil Service Commission. Seconded by Councilmember Llanas. Ayes —Mayor Rossbach, Councilmembers Llanas & Nephew Nays — Councilmember Juenemann The motion passed. 5. Reappointment To Environmental And Natural Resources Commission a. Assistant City Manager, Chuck AN gave a brief report. Councilmember Nephew moved to reappoint Carole Lynne, Carol Mason Sherrill and Ginny Yingling to the ENR Commission with terms expiring 12 -31 -2012 and Dale Trippler with a term expiring 12 -31 -2011. Page 4 of 21 Packet Page Number 12 of 184 Seconded by Councilmember Juenemann. The motion passed. PUBLIC HEARINGS E�C1'i - UNFINISHED BUSINESS Ayes — All 1. Wetland Ordinance Summary Publication Review a. Park and Park & Recreation and Community Development Director, DuWayne Konewko gave the presentation and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Nephew moved to approve the Wetland Ordinance Publication. Seconded by Councilmember Juenemann. Mayor Rossbach asked if anyone in the audience wan 1. Mark Jenkins, 830 New Century Boulevard South, TALK TO SHANK ABOUT GETTING THI MINUTES. comment. , addressed the council. IN THE PAPER AND ENTER THIS IN THE Seconded by Councilmember Jue Ayes — All The motion passed. 2. First Reading Of The Recreational Fire Ordinance a. City Attorney, Alan Kantrud gave a brief update and answered questions of the council. Mayor Rossbach asked if anyone in the audience wanted to comment. 1. Bob Zick, 2515 White Bear Avenue, Maplewood. 2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Councilmember Juenemann moved to approve the first reading of the recreational fire ordinance adding you cannot burn leaves. Seconded by Councilmember Llanas. Ayes — All The motion passed. L. NEW BUSINESS 1. Consider Approving Contract With H. Alan Kantrud For City Attorney And Prosecution Services a. Assistant City Manager, Chuck AN gave the report and answered questions of the council. Page 5 of 21 Packet Page Number 13 of 184 Mayor Rossbach asked if anyone in the audience wanted to address the council. 1. George Rossbach, 1406 County Road C, Maplewood. 2. Elizabeth Sletten, 2747 Clarence Street, North, Maplewood. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. Councilmember Juenemann moved to approve the contract with H. Alan Kantrud for City Attorney and Prosecution Services through December 31, 2010, in the amount of $198,000.00. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Consider Approving Contract With Charles E. Bethel For Human Resources Attorney Services a. City Manager, James Antonen answered questions of the council. b. Human Relations Attorney, Chuck Bethel answered questions of the council. Councilmember Nephew moved to approve tl Resources Attorney Services through Decem Seconded by Councilmember Llanas. The motion passed. 3. Resolution Designai a. Finance Director, Councilmember Nephew investments amount of $79.200.00. Aves — All RESOLUTION # 10 -01 -309 CORPORATE AUTHORIZATION RESOLUTION By: LAKE AREA BANK CITY OF MAPLEWOOD Referred to in this document as "Financial Institution" Referred to in this document as "Corporation" I, Karen Guilfoile, certify that I am Secretary (clerk) of the above named corporation organized under the laws of Maplewood, Minnesota, Federal employer I.D. Number 41- 6008920, engaged in business under the trade name of City of Maplewood, and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the City Council of the Corporation duly and properly called and held on January 11, 2010. These resolutions appear in the minutes of this meeting and have not been rescinded or modified. AGENTS Any Agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and title or Position Signature Facsimile Signature (if used) A. _Will Rossbach, Mayor X X B. _James Antonen, City Manager Page 6 of 21 Packet Page Number 14 of 184 C. 9 E. Robert Mittet, Finance Director, X X X X X POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, D or E Description of Power Indicate number of signatures Required (1) Exercise all of the powers listed in this resolution _A, B, C (2) Open any deposit or share account(s) in the name of the _ Corporation. _A, B, C (3) Endorse checks and orders for the payment of money or _ otherwise withdraw or transfer funds on deposit with this Financial Institution. (4) Borrow money on behalf and in the name of the Corporation, sign, execute, and deliver promissory notes or other evidences of indebtedness. 3 _A, B (5) Endorse, assign, transfer, mortgage or pledge bills receivable 2 warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non- payment. _A, B (6) Enter into a written lease for the purpose of renting, maintaining 2 accessing and to Institution. _A, B, C (7)Other Transfer funs Deposit Box in this Financial other bank accounts owned by lewood LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution. EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated January 11, 2010. If not completed, all resolutions remain in effect. CERTIFICATION OF AUTHORITY I further certify that the City Council of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the resolutions on page 2 and to confer the powers granted above to the persons named who have full power and lawful authority to exercise the same. (Apply seal below where appropriate.) ❑ If checked, the Corporation is a non - profit corporation. In witness Whereof, I have subscribed my name to this document and affixed the seal of the Corporation on Attest by one other Officer Secretary (clerk) (date). Page 7 of 21 Packet Page Number 15 of 184 RESOLUTION 10 -01 -310 BE IT RESOLVED, that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: Alerus Financial, N. A. (fka Prosperan Bank) Wells Fargo Bank Lake Area Bank BE IT FURTHER RESOLVED, that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that funds in the above depositories may be withdrawn and wire transferred to any other depository of the city by the request of the Finance Director or Assistant Finance Director. BE IT FURTHER RESOLVED, that these depository designations are effective until December 31, 2011. Seconded by Mayor Rossbach. Ayes — All The motion passed. 4. Consideration Of 2010 City Council Appointments a. City Clerk, Citizen Services Director, gave the report and answered questions of the council. b. Assistant City Manager, Chuck AN answered questions of the council. Councilmember Juenemann moved to approve the 2010 City Council Appointments. Appointment ntments 2010 Appointments Acting Mayor* Kathleen Juenemann John Nephew *Rotation of acting mayors: 2005 Will Rossbach, 2006 Kathleen Juenemann, 2007 Rebecca Cave, 2008 Erik Hjelle, 2009 Kathleen Juenemann, 2010 John Nephew Appointment 2009 Appointments 2010 Appointments Data Compliance Officers: Responsible Authority Karen Guilfoile Karen Guilfoile City Personnel Officer Terrie Rameaux Terrie Rameaux City Law Enforcement Officer David Thomalla David Thomalla Official Newspaper Maplewood Review Pioneer Press (Alternate) Auditor Contact John Nephew Diana Longrie (Alternate) 1 -94 Corridor Group Diana Longrie Will Rossbach (Alternate) Page 8of21 Maplewood Review Pioneer Press (Alternate) John Nephew Will Rossbach Will Rossbach Chuck AN (Alternate) Packet Page Number 16 of 184 Business & Economic Development N/A Advisory Commission. Community Design Review Board (2 & 4th Tuesday 7:00 p.m.) Environment & Natural Resources Commission (1 Wednesday of the Month) Historical Preservation Commission (3 Thursday at 7:00 p.m.) Maplewood Green Team (Monthly as Needed) Parks & Recreation Commission (3 Wednesday at 7:00 p.m.) Planning Commission (1 & 3 rd Tuesdays at 7:00 p.m.) Police Civil Service Commission (Meets as Needed) 800 MHz Representative Fire Relief Association Relief By -Laws require Mayor to be member of the Board Housing & Redevelopment Authority (2 Wednesday at 7:00 p.m.) John Nephew Tom Ekstrand (Staff Liaison) Kathleen Juenemann Shawn Finwall (Staff Liaison) Diana Longrie David Fischer (Staff Liaison) Erik Hjelle Shann Finwall (Staff Liaison) Jim Llanas John Nephew Tom Ekstrand (Staff Liaison) Kathleen Juenemann Shawn Finwall (Staff Liaison) Jim Llanas David Fischer (Staff Liaison) Kathleen Juenemann Shann Finwall (Staff Liaison) Will Rossbach Will Rossbach DuWayne Konewko (CIP & Maint.)DuWayne Konewko Doug Taubman (Rec. Programs) Jim Taylor /Audra Robbins John Nephew Jim Llanas Tom Ekstrand (Staff Liaison) Tom Ekstrand (Staff Liaison) Kathleen Juenemann Kathleen Juenemann Terrie Rameaux Terrie Rameaux Kathleen Juenemann Will Rossbach (Alternate) Diana Longrie Robert Mittet (Staff Liaison) Diana Longrie Tom Ekstrand (Staff Liaison) Joint Ice Arena Board Appointment Erik Hjelle Diana Longrie 2009 Appointments Municipal Legislative Commission Diana Longrie (Monthly, Wed. 11:30 a.m. -1:00 p.m.)Kathleen Juenemann (Alternate) N.E.S.T (First Tuesday @ 7:30 p.m.) The Partnership Will Rossbach Diana Longrie John Nephew Dave Kvam (Staff Liaison) Ramsey County League of Local Governments Ramsey/Washington Suburban Cable Commission Will Rossbach John Nephew (Alternate) Kim Facile John Nephew (Alternate) Kathleen Juenemann Jim Llanas (Alternate) Will Rossbach Robert Mittet (Staff Liaison) Jim Llanas Tom Ekstrand (Staff Liaison) Jim Llanas Will Rossbach 2010 Appointments James Antonen Kathleen Juenemann (Alternate) Will Rossbach Jim Llanas Dave Kvam (Staff Liaison) Will Rossbach Jim Llanas (Alternate) Kim Facile John Nephew (Alternate) Page 9 of 21 Packet Page Number 17 of 184 Rush Line Corridor Will Rossbach Will Rossbach Diana Longrie Chuck AN (Staff Liaison) Chuck AN (Staff Liaison) Suburban Area Chamber of Commerce (St. Paul) Diana Longrie James Antonen Heidi Carey Suburban Rate Authority (First month of quarter) St. Paul Water Utility Board of Commissioners Diana Longrie Will Rossbach Seconded by Councilmember Nephew. The motion passed. John Nephew (No Representative Required) Ayes — All The City Council took a recess from 8:30 p.m. to 8:42 p.m. 5. Approval Of Rules And Procedures For City Council And Council Meetings a. City Clerk, Citizen Services Director, Karen Guilfoile gave the report. b. City Manager, James Antonen addressed the council c. City Attorney, Alan Kantrud addressed the council. Mayor Rossbach asked if anyone in the audience wanted to speak regarding this item. 1. Mark Bradley, 2164 Woodlynn Avenue, Maplewood. 2. Bob Zick, 2515 White Bear Avenue, Maplewood. 3. Mark Jenkins, 830 New Century Boulevard South, Maplewood. Councilmember Jueneman Seconded by Councilmember Nephew. Ayes — All The motion passed. 6. Approval Of 2010 Public Hearing Policies And Procedures Mayor Rossbach allowed Mr. Zick to come forward. 1. Bob Zick, 2515 White Bear Avenue, Maplewood. Councilmember Juenemann moved to approve the 2010 public hearing policies and procedures as - m -r ,4^A Seconded by Councilmember Llanas. Ayes — All The motion passed. Page 10 of 21 Packet Page Number 18 of 184 7. Hills & Dales Area Street Improvements, City Project 09 -15 Resolution Accepting Report, Authorizing Preparation Of Plans And Specifications, And Calling For Public Hearing a. City Engineer, Michael Thompson gave the presentation and answered questions of the council. Councilmember Juenemann moved to approve the Hills & Dales Street Improvements, City Proiect 09 -15, resolution accepting report, authorizing preparation of plans and specifications, and calling for public hearing. RESOLUTION 10 -01 -311 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolutions of the council adopted August 10, 2009 and September 14, 2009, a report has been prepared by the city engineering division with reference to the improvement of Hills & Dales Area Street Improvements, City Project 09 -15, and this report was received by the council on January 11, 2010, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the Hills & Dales Area Street Improvements, City Project 09 -15 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $7,836,087. 2. The city engineer or d hereby directed to prepare final plan: gineer is the engineer for this improvement and is s for the making of said improvement. 3. The finance director is hereby, authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $7,836,087 shall be established. The proposed financing plan is as follows: FUNDING SOURCE PROPOSED AMOUNT G.O. IMPROVEMENT BONDS $3,164,283 SANITARY SEWER FUND $428,064 ENVIRONMENTAL UTILITY FUND $1,060,541 SPECIAL ASSESSMENTS $2,792,721 ST. PAUL WATER $209,102 W.A.C. FUND $101,376 DRIVEWAY REPLACEMENT PROGRAM $80,000 TOTAL FUNDING $7,836,087 4. A public hearing shall be held on such proposed improvement on the 25 day of December, 2010, in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 11 th day of January 2010. Seconded by Mayor Rossbach. Ayes — All Page 11 of 21 Packet Page Number 19 of 184 The motion passed. M. CONSENT AGENDA 1. Councilmember Nephew moved to approve items 1 -14. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE $ 618,175.36 Checks # 80084 thru # 801' 58 $ 119,563.47 Disbursements via debits to checking account Dated 04/03/08 thru 04/10/08 $ 161,958.87 Checks # 80159 thru # 80202 Dated 12/16/09 tru 12/22109 $ 292,716.37 Disbursements via debits to checking account Dated 12/11/09 thru 12/18/09 $ 1,192,414.07 Total Accounts Payable PAYROLL $ 488,241.94 $ 2,229.75 $ 490,471.69 1.682.885.76 Seconded by Councilmember The motion passed. Payroll Checks and Direct Deposits dated 12/11/09 Payroll Deduction check #1008315 thru #1008316 dated 12/11/09 Total Payroll GRAND TOTAL Juenemann. Ayes — All 2. Request To Purchase A Philips MRX Heart Monitor Page 12 of 21 Packet Page Number 20 of 184 Councilmember Nephew moved to approve the purchase of the new Philips MRX heart monitor in the amount of $19,201.34 purchased from Philips Manufacturing. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Purchase Of Tax Forfeited Property, Legacy Village Tot Lot Parcel — Resolution To Purchase Councilmember Nephew moved to approve the resolution approving the purchase of Lot 2, Block 1, Legacy Village of Maplewood for park use. RESOLUTION 10 -01 -312 WHEREAS, Ramsey County has informed the City of Maplewood of the opportunity for the city to acquire a tax - forfeited property. WHEREAS, this property is located in the Legacy Village mixed -use development on the west side of Kennard Street between Legacy Parkway and County Road D, legally described as follows: LEGACY VILLAGE OF MAPLEWOOD, LOT 2, BLOCK 1. P I D #03- 29 -22 -12 -0026 WHEREAS, the City of Maplewood, proposes to utilize this property to provide a neighborhood tot lot park. NOW, THEREFORE, BE IT RESOLVED that the city council hereby formally requests the purchase of the above - described property from Ramsey County for neighborhood park purposes. The Maplewood City Council passed this resolution on January 11, 2010. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 4. Resolution Approval To Accept Donation From Schmelz Countryside Page 13 of 21 Packet Page Number 21 of 184 Councilmember Nephew moved to approve the donation of $2,500 from Schmelz Countryside to be used toward youth and senior citizen programs. RESOLUTION 10 -11 -322 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, Schmelz Countryside wishes to grant the City of Maplewood the following: $2,500, and; WHEREAS, Schmelz Countryside has instructed that the City will be required to use the aforementioned for: programs for children and the elderly, 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 Mi Council approves, receives and accepts the gift aforeme may be requested or required. The Maplewood City Council passed this reso on January 11, 2010. Signed: (Signature) Signed: (Signature) Mayor (Title) Chief of Police (Title) (Date) (Date) Seconded by Councilmember Juenemann. The motion passed. Statute §465.03, that the Maplewood City and under such terms and conditions as or more majority vote of its membership Witnessed: (Signature) City Clerk (Title) (Date) Ayes — All 5. Annual Renewal Of Liquor Licenses Off -Sale, On -Sale, Wine and Club Page 14 of 21 Packet Page Number 22 of 184 Councilmember Nephew moved to approve the liquor licenses off -sale, on -sale, and wine and club as follows. RESOLUTION 10 -01 -314 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On -Sale, Off -Sale, Club and Wine Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2010, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: Off -Sale 3.2 Beer Licenses Cub Foods #30244 100 West County Road B Cub Foods #31264 2390 White Bear Avenue Maplewood Kwik Mart 2150 McMenemy Street Rainbow Foods #8861 2501 White Bear Avenue Al Liquor 19 Century Avenue North Big Discount Liquor 2515 White Bear Avenue Costco Wholesale #1021 1431 Beam Avenue East Cub Discount Liquor 100 West County Road B Heritage Liquor LLC 1347 Frost Avenue Hillside Liquors 1690 McKnight Road North Maplewood Wine Cellar 1281 Frost Avenue Merwin Liquors 1700 -D Rice Street MGM Liquor Warehouse 2950 White Bear Avenue Party Time Liquor 1835 East Larpenteur Avenue Princess Liquor `n Tobacco 2728 Stillwater Road Sarrack's Int'I. Wine & Spirits 2305 Stillwater Road Richard's Market 1344 Frost Avenue SuperAmerica #4022 1750 White Bear Avenue SuperAmerica #4089 11 Century Avenue South Page 15 of 21 Packet Page Number 23 of 184 White Bear Liquor & Wine 2223 White Bear Avenue\ Seconded by Councilmember Juenemann. Ayes — All The motion passed. 6. Temporary Gambling Permit — Ramsey Nursing Home Foundation Councilmember Nephew moved to approve the lawful gambling resolution for the Ramsey County Care Center. RESOLUTION 10 -01 -313 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Ramsey Nursing Home Foundation, 2000 White Bear Ave, February 23, March 23, April 27, and October 19, 2010 from 5pm to 9pm. 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 furthei Maplewood, Minnesota, be forwarded to gat this Resolution by the City Council of ng Control Division for their approval. Seconded by Councilmember J Ayes — All The motion passed. 7. Markham Pond Retaining Wall, Project 05 -18, Resolution Approving Final Payment And Acceptance Of Project Councilmember Nephew moved to approve the resolution approving the final payment and acceptance of project for the Markham Pond Retaining Wall, Project 05 -18. RESOLUTION 10 -01 -315 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that the Markham Pond Retaining Wall Improvement, City Project 05 -18, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1) City Project 05 -18 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $224,470.22. Final payment to Urban Companies, LLC, and the release of any retainage or escrow is hereby authorized. January 11, 2010 Packet Page Number 24 of 184 16 City Council Meeting Minutes 2) The finance director is hereby authorized to implement the final financing plan listed in the report and to close the project fund after making all final payments. Final Financinq Plan Special Assessments $ 56,084.40 Environmental Utility Fund $ 223,915.60 TOTAL: $ 280,000.00 Approved this 11 day of January 2010. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 8. Carsgrove Meadows Area Street Improvements, City Project 08 -10, Resolution Directing Reduction Of Retainage On Existing Construction Contract Councilmember Nephew moved to approve the Carsgrove Meadows Area Street Improvements, City Proiect 08 -10, Resolution Directinq Reduction of Retainage on Existing construction contract. RESOLUTION 10 -01. -316 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 08 -10 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 08 -10, Carsgrove Meadows Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Miller Excavating, Inc., has requested, by written notice, a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% to 1%. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 9. Castle Avenue Improvements, City Project 08 -12, Consider Approval Of Resolution Reducing Retainage On Existing Construction Contract January 11, 2010 Packet Page Number 25 of 184 17 City Council Meeting Minutes Councilmember Nephew moved to approve the Castle Avenue Improvements, City Proiect 08 -12, Consider Approval of Resolution Reducing Retainage on existing construction contract. RESOLUTION 10 -01 -317 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 08 -12 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 08 -12, Castle Avenue Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, T.A. Schfisky and Sons, Inc., has requested, by written notice, a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% to 1 %. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 10. Approve Purchase Of Street Sweeter Councilmember Nephew moved to ap Inc. under State Contract No. 441191 of a 2010 E nd trade -in. in Pelican Street Sweeter for the purchase price of $156,113.38 includin Seconded by Councilmember J Ayes — All The motion passed. 11. Holloway Avenue And Stanich Highlands Area Street Improvements, City Project 09 -13 Resolution Modifying Existing Construction Contract, Change Order No. 1 Councilmember Nephew moved to approve the Holloway Avenue and Stanich Highlands Area Street Improvements, City Proiect 09 -13 resolution modifying existing construction contract, change order No. 1. RESOLUTION 10 -01 -318 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09 -13, CHANGE ORDER NO.1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 09 -13, Holloway Avenue and Stanich Highlands 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 09 -13, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: January 11, 2010 Packet Page Number 26 of 184 18 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.1 in the amount of $15,217.25. The revised contract amount is $1,980,174.55. Seconded by Councilmember Juenemann Ayes — All The motion passed. 12. Authorization To Make Payment For Eden Systems Yearly Support Contract. Councilmember Nephew moved to approve authorizing the payment to Eden Systems for the yearly support contract in the amount of $54,203.25. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 13. Resolution Naming Authorized Signers On City Owned Bank Accounts Councilmember Nephew moved to approve the resolutions authorizing the Mayor, City Manager and Finance Director as signers on bank accounts. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and held in the Council Chambers of said City of the 11th of January, 2010 at 6:30 P.M. The following members were present: All Councilmember Nephew moved adoption of the following resolution: RESOLUTION 10 -01 -319 CORPORATE BANKING RESOLUTION RESOLVED, that Alerus Financial, N.A. at any one or more of its offices or branches, be and is hereby designated as a depository for the funds of this Corporation, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any three (3) of the following named officers or employees of the Corporation ( "Agents ") listed below. Will Rossbach, Mayor of City of Maplewood James Antonen, City Manager of City of Maplewood Robert Mittet, Finance Director of City of Maplewood And that Alerus Financial, N.A. shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED, that Alerus Financial, N.A. is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with Alerus Financial, N.A. bearing the signatures of its Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual January 11, 2010 Packet Page Number 27 of 184 19 City Council Meeting Minutes obligation of such Agent or for deposit to the Agent's personal account, and Alerus Financial, N.A. shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with Alerus Financial, N.A., or for collection or discount by Alerus Financial, N.A.; and to accept drafts and other items payable to Alerus Financial, N.A. FURTHER RESOLVED, that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions, or purposes for which funds, checks, or items of the Corporation may be deposi ted, co Ilected, or w ithdrawn and t o per form su ch of her a cts as they deem r easonably necessary to carry out the provisions of these resolutions. The other agreements and other acts may not be contrary to the provisions contained in this resolution. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been del ivered to and received by Alerus Financial, N.A. at each location where an acco unt i s maintained. Alerus Financial, N.A. shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 14. Resolution Authorizing Execution Of Agreement — Minnesota State Patrol Grant Programs Councilmember Nephew moved to approve the resolution authorizing execution of agreement for the Minnesota State Patrol Grant Programs. lotion 10 -01 -320 Authorization in support of the Minnesota State Patrol Grant Programs Whereas, the State of Minnesota, through the Minnesota State Patrol, administers a variety of grant programs for law enforcement purposes; including Safe & Sober, Operation Night Cap, HEAT (Speed Enforcement), Motorcycle Task Force, and EUDL (Enforcing Underage Drinking Laws). Be it resolved that the Maplewood Police Department is authorized to enter into grant agreements and amendments as are necessary with the Minnesota State Patrol for a period of three years through 2012 per the request of the Minnesota State Patrol. Be it further resolved that the Chief of Police of the Maplewood Police Department is January 11, 2010 Packet Page Number 28 of 184 20 City Council Meeting Minutes hereby authorized to execute and sign such agreements and amendments as are necessary to implement the grant programs on behalf of the Maplewood Police Department. 1 certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota on January 11, 2010. (Signature) WITNESSETH: (Signature) Mayor City Clerk (Title) (Title) Seconded by Councilmember Juenemann The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATI Ayes — All Mayor Rossbach adjourned the meeting at 10:30 p.m. January 11, 2010 Packet Page Number 29 of 184 21 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5 :00 p.m., Tuesday, January 12, 2010 Council Chambers, City Hall 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 5:00 p.m. by Mayor Rossbach. B. ROLL CALL A Will Rossbach, Mayor Kathleen Juenemann, Councilmember James Llanas, Councilmember John Nephew, Councilmember Present Present Present Present Councilmember Nephew moved to approve the a as Seconded by Councilmember Llanas. The motion passed. UNFINISHED BUSINESS None. NEW BUSINESS itted . Ayes — All Interview Of City Council Member Applicants a. George Rossbach b. Ginny Yingling c. Julie Wasiluk The City Council had a discussion after interviewing each of the applicants and then conducted a ballot vote. Julie Wasiluk received the highest number of ballot votes. The Council will formally vote on her appointment at the January 25, 2010, City Council Meeting. ADJOURNMENT Mayor Rossbach adjourned the meeting at 6:13 p.m. January 12, 2010 City Council Manager Workshop Minutes Packet Page Number 30 of 184 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, January 14, 2010 Council Chambers, City Hall A. CALL TO ORDER Agenda Item E5 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 Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Councilmember Nephew moved to approve the agenda as submitted. Seconded by Councilmember Juenemann. Ayes —All The motion passed. D. UNFINISHED BUSINESS None. E. NEW BUSINESS 1. Interview Of Business and Economic Development Commission Applicants a. City Manager, James Antonen gave the introduction b. Parks & Community Development Director, DuWayne Konewko answered questions of the council. The following people were interviewed by the city council: 1. Mark Jenkins, 830 New Century Boulevard South, Maplewood. 2. Jeff Seltun, 3606 Abercrombie Avenue, Stillwater. 3. Laurie Van Dalen, 2510 Minnehaha Avenue, Maplewood. 4. Richard Bennett, 2962 Beebe Parkway, Maplewood. 5. Beth Ulrich, 2574 Brookview Drive, Maplewood. 6. David Sherrill, 2384 Nebraska Avenue East, Maplewood. 7. Paul Arbuckle, 2550 Clarence Street, Maplewood. 8. Mark Bradley,2164 Woodlynn Avenue, Maplewood. 9. Debra Pedro, 1821 Cottage Avenue East, Maplewood. 10. Shelly Strauss, 2153 Arkwright Street, Maplewood. 11. John Wykoff, 2345 Maryland Avenue East, Maplewood. 12. Diana Longrie, 1771 Burr Street, Maplewood. 13. David Hesley, 2139 14 Avenue East, Maplewood. January 14, 2010 City Council Manager Workshop Minutes Packet Page Number 31 of 184 (Barbara Sheldon was absent from the interviews) The city council did a forced ranking ballot and the results were: The seven members chosen to serve on the BEDC are: 1. David Hesley 2. Mark Jenkins, 3. Marvin Koppen 4. David Sherrill 5. Shelly Strauss 6. Beth Ulrich 7. Laurie Van Dalen The three small business owners to serve on this commission are: 1. David Hesley 2. Mark Jenkins 3. Marvin Koppen F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 9:05 p.r . January 14, 2010 City Council Manager Workshop Minutes Packet Page Number 32 of 184 4 Item F1 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: January 20, 2010 RE: Appointment and Swearing In to Fill Temporary City Council Vacancy After being sworn in as Mayor, the council seat that former Councilmember Rossbach held was vacated. On January 4, 2010, the city council passed a resolution calling for a Special Election to fill the remainder of the unexpired term be held in conjunction with the 2010 State Primary Election. Until the Special Election is held City Ordinance 866 states that: The council shall appoint an eligible person to fill a vacancy on the city council as soon as is practicable after the vacancy occurs. The person appointed shall serve for the unexpired portion of the term unless a special election is required hereunder or by state law. The council has the autority to determine in what manner the temporary appointment process shall be conducted and collectively agreed to submit names for consideration. There were three names submitted. The individuals were interviewed by the city council at a Council Manager Workshop that was held on January 12, 2010. After a ballot vote, Julie Wasiluk received the majority of the votes and her appointment will be ratified by a formal vote of the city council at the Janauary 25, 2010 council meeting. Ms. Wasiluk will be sworn in to occupy the vacated council seat until after the 2010 Special Election is held and a winner of the election is declared. Packet Page Number 33 of 184 Agenda Report Agenda Item F2 DATE: January 19, 2010 TO: James W. Antonen, City Manager FROM: Chuck Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant RE: Appointments to Business and Economic Development Commission BAC KG ROU N D1SU M MARY On July 27 2009 the City Council passed an ordinance establishing the Maplewood Business and Economic Development Commission (BEDC). The purpose of the BEDC is to be an advisory commission to the Economic Development Authority (EDA ), which the City Council also established on the same date as the BEDC. The BEDC will be a seven member commission, three of which must be small business owners. The BEDC will advise the EDA and make recommendations on economic development and redevelopment projects and related issues. Staff received a total of 14 applicants; 1 was interviewed by the City Council on January 11, 2010, and 13 were interviewed on January 14 The City Council voted and the ballots were tallied at the end of the meeting. The following individuals were selected for appointment to the BEDC. As Citizen Representatives: - Laurie Van Dalen, with a term to expire on September 30 20_ - Beth Ulrich, with a term to expire on September 30 20_ - David Sherrill, with a term to expire on September 30 20 - Shelly Strauss, with a term to expire on September 30 20 As Small Business Representatives - David Hesley, with a term to expire on September 30 20 - Marvin Koppen, with a term to expire on September 30 20_ - Mark Jenkins, with a term to expire on September 30 20_ RECOMMENDATION City Ordinance 892 sec. 5: "The Commission shall initially consist of seven (7) members, three (3) of which shall be representative of, "small business," if available to serve, in Maplewood. The Members shall be appointed by the Mayor and City Council, upon approval by majority vote of the same. Those initially appointed shall be appointed for staggered terms consisting of two members appointed to one (1) year terms, two members appointed to two (2) year terms; and three members appointed to three (3) year terms, respectively, with a "small business" representative appointed in each of the initial term timeframes. Thereafter, Members are appointed to three (3) -year terms. Staff recommends that two members' terms expire on September 30, 2011; two members' terms expire on September 30, 2012, and three members' terms expire on September 30, 2013. Staff acknowledges that these initial term lengths will be slightly longer than specified in City Ordinance 892; however, staff does not feel it would be appropriate for the one year terms to expire on September 30, 2010, since the commission will not be meeting until March 2010. Once the term expiration dates are selected, staff recommends that the City Council approve the attached resolution which appoints the individuals selected by the Council for appointment to the BEDC. Attachment 1: Resolution of Appointment to the BEDC Packet Page Number 34 of 184 Agenda Item F2 Attachment 1 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have submitted applications and have interviewed with the Maplewood City Council, to serve on the Maplewood Area Business and Economic Development Commission: As Citizen Representatives - Laurie Van Dalen, with a term to expire on September 30 20_ - Beth Ulrich, with a term to expire on September 30 20_ - David Sherrill, with a term to expire on September 30 20_ - Shelly Strauss, with a term to expire on September 30 20 As Small Business Representatives - David Hesley, with a term to expire on September 30 20 - Marvin Koppen, with a term to expire on September 30 20_ - Mark Jenkins, with a term to expire on September 30 20_ Packet Page Number 35 of 184 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 36 of 184 AGENDA NO. G -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: January 25, 2010 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: $ 671,059.94 Checks 4 80265 thru 9 80367 dated 1212312009 thru 111212010 $ 86,088.39 Disbursements via debits to checking account dated 01104110 thru 01/07/10 $ 148,508.66 Checks 4 80368 thru 9 80422 dated 01111110 thru 01 /19 /10 $ 380,188.04 Disbursements via debits to checking account dated 01108110 thru 01114110 $ 1,285,845.03 Total Accounts Payable PAYROLL $ 496,570.00 Payroll Checks and Direct Deposits dated 01108110 $ 2,229.75 Payroll Deduction check 9 1008426 thru 9 1008427 dated 1/08/10 $ 498,799.75 Total Payroll $ 1,784,644.78 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments P:\APPROVAL OF CLAIMS120101AprC1ms 1 -08 -10 and 1- 15- 10.xlt Packet Page Number 37 of 184 Check Register City of Maplewood 0111212010 Check Date Vendor Description Amount 80265 1212312009 04387 FAITH THOMFORDE supervisor turned in T/S after P/R 584.55 80266 12/30/2009 04296 STEVE KUMMER REIMB FOR TUITON SEPT -DEC 6,70151 80267 01/04/2010 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 1,162.91 80268 01/07/2010 01126 MN NCPERS LIFE INSURANCE MONTHLY PREMIUM - JANUARY 448.00 80269 01/07/2010 00001 ONE TIME VENDOR PAYROLL 118 MISSED DATA ENTRY 431.93 80270 0110712010 00001 ONE TIME VENDOR PAYROLL 1/8 MISSED DATA ENTRY 783.93 80271 01/07/2010 03818 MEDICA MONTHLY PREMIUM - JANUARY 136,044.26 80272 01/12/2010 03576 EUREKA RECYCLING RECYCLING - DECEMBER 33,696.19 80273 0111212010 03365 NICK FRANZEN REIMB FOR INT & MILEAGE 10127 - 12131 124.90 80274 01/12/2010 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREENING 325.00 80275 0111212010 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - OCT 670.35 01/12/2010 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - NOV 600.45 01/12/2010 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - DEC 284.65 80276 0111212010 00687 HUGO'S TREE CARE INC REMOVE TREES NATURE CENTER 3,206.25 01/12/2010 00687 HUGO'S TREE CARE INC REMOVAL OF TREES PRAIRE FARM /BEAVE 790.88 80277 0111212010 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 09 -13 PROF SRVS THRU 11/30 41,467.19 0111212010 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 09 -04 PROF SRVS THRU 11/30 18,424.14 01/12/2010 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 08 -13 PROF SRVS THRU 11/30 9,498.94 01/12/2010 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 02 -21 PROF SRVS THRU 11/30 1,305.56 01/12/2010 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 07 -30 PROF SRVS THRU 11130 69034 80278 01/12/2010 01337 RAMSEY COUNTY -PROP REC & REV RADIO FLEET SUPPORT FEE - DEC 59136 0111212010 01337 RAMSEY COUNTY -PROP REC & REV RADIO FLEET SUPPORT FEE - DEC 501.76 80279 01/12/2010 01337 RAMSEY COUNTY -PROP REC & REV RADIO SRVS & SUPPORT FEE JUNE 2007 3210 80280 01/12/2010 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 22,095.81 01/12/2010 01190 XCEL ENERGY ELECTRIC UTILITY 14,358.17 01/12/2010 01190 XCEL ENERGY ELECTRIC UTILITY 1,20673 0111212010 01190 XCEL ENERGY ELECTRIC UTILITY 54.57 01/12/2010 01190 XCEL ENERGY ELECTRIC UTILITY 17.85 80281 01/12/2010 04393 7602- MAPLEWOOD MALL ASSOC., LP PARKING LOT ENERGY EFF UPGRADES 10,000.00 80282 01/12/2010 03964 ACCESS COMMUNICATIONS INC SETUP FOR LOCATE SERVICES 1,075.00 80283 01/12/2010 02780 THE ACTIVE NETWORK INC RECWARE SUPPORT CONTRACT 10,886.25 80284 0111212010 00111 ANIMAL CONTROL SERVICES PATROL & BOARDING FEES 1217 - 1/1 4.981.42 80285 0111212010 04333 BIG EVENT PRODUCTIONS SOUNT TECH & EQUIP MCC JAN 8 & 9 325.00 80286 01/12/2010 04312 BRANCH & BOUGH TREE INSPECTOR SERVICES 3,325.00 80287 01/12/2010 04155 CIVICPLUS SLIDESHOW ADDITION MAY -DEC 600.00 80288 01/12/2010 04394 RAY CRAWFORD REIMB FOR NAT'L REGISTRY EMT TEST 11/ 70.00 80289 01/12/2010 03658 CHARLES DEAVER REIMB FOR MILEAGE 10128 - 12/21 56.49 80290 0111212010 04183 E.G. RUD & SONS, INC. PROJ 07 -21 SURVEYING 1,299.00 80291 01/12/2010 03580 LARRY FARR REIMB FOR MILEAGE 111 - 12131 20150 01/12/2010 03580 LARRY FARR REIMB FOR MILEAGE MCC 111 - 12/31 137.50 80292 0111212010 01939 FORCE AMERICA CONVERSION KITS TO UPDATE PLOWS 7,391.46 01/12/2010 01939 FORCE AMERICA CONVERSION KIT TO UPDATE PLOW 2,458.13 80293 0111212010 04395 ANDREW FOSSUM REIMB FOR DUTY BOOTS 12/29 278.57 80294 01/12/2010 03516 ANTHONY GABRIEL REIMB FOR TUITION & BOOKS 9/11 -12/4 765.00 80295 01/12/2010 02958 GOODPOINTE TECHNOLOGY INC ICON SOFTWARE MAINT AGREEMENT 1,750,00 80296 0111212010 00612 GYM WORKS INC REPAIR MCC EXERCISE EQUIP 244.85 80297 01/12/2010 00654 ROLAND HELEY REIMB FOR LIFE INS PREM SEPT & OCT 8.56 80298 0111212010 04399 PHENG HER REIMB FOR PDA PHONE 12122 250.00 80299 0111212010 00662 HERITAGE THEATER CO INC CHARITABLE GAMBLING AWARD 480.00 80300 01/12/2010 01605 IFP TEST SERVICES INC PSYCHOLOGICAL EVALUATION 425,00 80301 01/12/2010 02995 INTEGRATED LOSS CONTROL INC RIGHT TO KNOW MCC TRAINING 384.00 80302 01/12/2010 04396 JAMIE KARRAS REIMB FOR NAT'L EMT REGISTRY 70.00 80303 01/12/2010 00827 L M C I T FINAL 08109 WORKERS COMP AUDIT PMT 29,774.00 80304 0111212010 00393 DEPT OF LABOR & INDUSTRY MONTHLY SURTAX - DEC 7882123035 913.01 80305 01/12/2010 00857 LEAGUE OF MINNESOTA CITIES REGISTRATION FEE WILL ROSSBACH 285.00 01/12/2010 00857 LEAGUE OF MINNESOTA CITIES REGISTRATION FEE JIM LLAMAS 285.00 80306 01/12/2010 04400 MAGC FALL CONFERENCE TRAINING 135.00 Packet Page Number 38 of 184 80307 0111212010 00936 MAPLEWOOD HISTORICAL SOCIETY ELECT WORK BRUENTRUP GRANT 28C621 8,430.00 0111212010 00936 MAPLEWOOD HISTORICAL SOCIETY CONCRETE BRUENTRUP GRANT 28C6217 371.50 80308 01/12/2010 04377 MEDIA SAVANT COMMUNICATIONS PROMOTION OF KERI NOBLE 350.00 80309 01/12/2010 04392 METRO CHIEF FIRE OFFICER ASSOC MEMBERSHIP DUES 100.00 80310 01/12/2010 04316 CITY OF MINNEAPOLIS RECEIVABLES AUTO PAWN SYSTEM - OCT 735.00 80311 0111212010 04007 MINNESOTA DEPT OF HEALTH WELL PERMIT - CITY DUMP 50.00 0111212010 04007 MINNESOTA DEPT OF HEALTH WELL PERMIT - CITY DUMP 50.00 01/12/2010 04007 MINNESOTA DEPT OF HEALTH WELL PERMIT- CITY DUMP 50.00 80312 01/12/2010 03069 MN AMBULANCE ASSN MEMBERSHIP DUES 75.00 80313 01/12/2010 04284 MN HOMESCHOOLERS' ALLIANCE ADVERTISING MCC HOME SCHOOL PROG 320.00 80314 0111212010 01060 MN STATE FIRE CHIEFS ASSOC MEMBERSHIP DUES 305.00 80315 01/12/2010 01061 MN STATE FIRE DEPT ASSOC MEMBERSHIP DUES 432.00 80316 01/12/2010 04397 NATIONAL CREATIVE ENTERPRISES MRX HOLDERS 2,550.00 80317 01/12/2010 04391 NAUTILUS, INC. REPLACEMENT PAD 50.22 01/12/2010 04391 NAUTILUS, INC. REPLACEMENT BELT FOR STEP MILL 24.94 80318 01/12/2010 03587 NORTHERN STAR COUNCIL RECHARTERING FEEIPOLICE EXPLORERS 60.00 80319 01/12/2010 01199 JEROME NOVAK REIMB FOR WORKOUT SHOES/SOCKS 12/2 52.49 80320 0111212010 01202 NYSTROM PUBLISHING CO INC MAPLEWOOD MONTHLY - DEC 6,308.00 01/12/2010 01202 NYSTROM PUBLISHING CO INC MAPLEWOOD MONTHLY - JAN 6,189.00 80321 01/12/2010 01213 JULIE OLSON REIMB FOR WORKOUT SHOES 111 69.99 80322 01/12/2010 00001 ONE TIME VENDOR REFUND H GIMBLE AMB 083494 1,439.91 80323 0111212010 00001 ONE TIME VENDOR REFUND D PARASTIUK MEMBERSHIP 437.07 80324 0111212010 00001 ONE TIME VENDOR REFUND MYELLER BCBS BENEFIT 260.00 80325 01/12/2010 00001 ONE TIME VENDOR REIMB M NEWELL IRRIGATION SYS REPAIF 205.00 80326 01/12/2010 00001 ONE TIME VENDOR REIMB T ALFIERE IRRIGATION SYS REPAIR 198.75 80327 01/12/2010 00001 ONE TIME VENDOR REFUND L HEIMDALH MEMBERSHIP 17676 80328 0111212010 00001 ONE TIME VENDOR REFUND ASHCO EXTERIORS DUP PERMIT 115.50 80329 01/12/2010 00001 ONE TIME VENDOR REFUND B HEGSTAD MEMBERSHIP 96.42 80330 01/12/2010 00001 ONE TIME VENDOR REFUND ELDER -JONES BLDG PERMIT 92.50 80332 01/12/2010 00001 ONE TIME VENDOR REFUND L LUND BCBS BENEFIT 90.00 80333 01/12/2010 00001 ONE TIME VENDOR REFUND KRUSE BCBS BENEFIT 80.00 80334 01/12/2010 00001 ONE TIME VENDOR REFUND G LOKKEN BALLROOM CLASSES 55.00 80335 01/12/2010 00001 ONE TIME VENDOR REFUND B HUGHES PET LICENSE 36.00 80336 0111212010 00001 ONE TIME VENDOR REFUND P ELLEFSON UCARE BENEFIT 20.00 80337 01/12/2010 00001 ONE TIME VENDOR REFUND C RAWLINGS DNR OVERCHG 17.25 80338 01/12/2010 00001 ONE TIME VENDOR REFUND B JOHNSON MEMBERSHIP 12.85 80339 01/12/2010 02043 OVERHEAD DOOR COMPANY REPAIR OVERHEAD DOOR STATION 3 125.95 80340 0111212010 04019 DICK PETERSON CHARITABLE GAMBLING - FF FLOWER FUN 700.00 80341 0111212010 04265 MARIA PIRELA ZUMBA INSTRUCTOR DROP -INS 190.00 80342 01/12/2010 01284 POSTMASTER MAILING FEB CITY NEWS PERMIT 4903 4,500.00 80343 01/12/2010 00396 DEPT OF PUBLIC SAFETY INTOXILYZER RECERTIFICATION 50.00 01/12/2010 00396 DEPT OF PUBLIC SAFETY INTOXILYZER RECERTIFICATION 50.00 0111212010 00396 DEPT OF PUBLIC SAFETY INTOXILYZER RECERTIFICATION 50.00 01/12/2010 00396 DEPT OF PUBLIC SAFETY INTOXILYZER RECERTIFICATION 50.00 01/12/2010 00396 DEPT OF PUBLIC SAFETY INTOXILYZER RECERTIFICATION 50,00 01/12/2010 00396 DEPT OF PUBLIC SAFETY INTOXILYZER RECERTIFICATION 50.00 80344 01/12/2010 02008 RAMSEY COUNTY PUBLIC WORKS PROJ 03 -15 CONSTRUCTION COSTS 180,026.61 80345 01/12/2010 01342 RAMSEY CTY CHF OF POLICE ASSN MEMBERSHIP DUES 75.00 80346 01/12/2010 03359 RECYCLING ASSN OF MN MEMBERSHIP FEE 150.00 80347 0111212010 03446 RICK JOHNSON DEER & BEAVER INC DEER PICKUP - DEC 100.00 80348 01/12/2010 01391 ROTO- ROOTER SERVICES COMPANY SEWER WORKSTATION 1 515.00 80349 01/12/2010 01409 S.E.H. PROJ 04 -21 ENGINEERING FEES 29,236.00 01/12/2010 01409 S.E.H. PROJ 08 -12 ENGINEERING FEES 4,600.13 0111212010 01409 S.E.H. PROJ 09 -16 ENGINEERING FEES 3,792.72 80349 0111212010 01409 S.E.H. ENGINEERING FEES 2,262.22 01/12/2010 01409 S.E.H. ENGINEERING FEES 74155 01/12/2010 01409 S.E.H. PROJ 09 -09 ENGINEERING FEES 443.55 80350 01/12/2010 01418 SAM'S CLUB DIRECT SUPPLIES FOR CARVER & DANCE 27193 0111212010 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 216.72 01/12/2010 01418 SAM'S CLUB DIRECT SUPPLIES FOR EDGERTON GYM 211.46 01/12/2010 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 15974 01/12/2010 01418 SAM'S CLUB DIRECT MDSE FOR RESALE 151.45 01/12/2010 01418 SAM'S CLUB DIRECT COMMUNITY GYM CONCESSIONS 14135 01/12/2010 01418 SAM'S CLUB DIRECT PROGRAM SUPPLIES 7472 Packet Page Number 39 of 184 80351 80352 80353 80354 80355 80356 80357 80358 80359 80360 80361 80362 80363 80364 80365 80366 80367 01/12/2010 01/12/2010 01/12/2010 01/12/2010 0111212010 0111212010 01/12/2010 0111212010 01/12/2010 01/12/2010 0111212010 01/12/2010 0111212010 01/12/2010 01/12/2010 0111212010 01/12/2010 01/12/2010 01/12/2010 01/12/2010 01/12/2010 0111212010 01/12/2010 01/12/2010 01/12/2010 01/12/2010 0111212010 01/12/2010 01418 01418 01418 01418 01418 01463 01497 02086 00198 01836 01836 01836 01836 01836 01836 03869 02981 02981 01550 01565 01573 04154 04020 03753 04179 04398 02880 04381 SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SISTER ROSALIND GEFRE SPRINGSTED INC ST PAUL AREA CHAMBER OF COMM ST PAUL REGIONAL WATER SRVS CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL JOE STEINER STORK TWIN CITY TESTING CORP STORK TWIN CITY TESTING CORP SUMMIT INSPECTIONS SWEEPER SERVICES TOM SZCZEPANSKI TARGETSAFETY UNDERGROUND PIERCING, INC. VEOLIA ENVIRONMENTAL SERVICES VISUAL IMAGE PROMOTIONS WILLOW RIVER CONSTRUCTION ZAHL PETROLEUM MAINTENANCE CO ZEUS AND COMPANY 103 Checks in this report. RETIREMENT PARTY CAKE & SUPPLIES PROGRAM SUPPLIES B -DAY FROG SUPPLIES PROGRAM SUPPLIES B -DAY PROG SUPPLIES MCC MASSAGES - NOV GLADSTONE TIF SERVICE FEES MEMBERSHIP FEE WATER UTILITY JOINT POWERS AGREEMENT JULY -SEPT WATER & HYDRANT USE APRIL -NOV PRINTING SRVS FOR VARIOUS PROJ PRINTING SRVS FOR MARKETING PROJ WATER USAGE FALL SWEEPING -4TH QTR LOCATES AT LEGACY & KENNARD REIMB FOR TUITION & BOOKS 1112 - 12/16 PROJ 08 -12 ENGINEERING TESTING PROJ 08 -10 ENGINEERING TESTING ELECTRICAL INSPECTIONS - DEC PARTS FOR SWEEPER REIMB FOR UNIFORM ALLOWANCE 12/28 ONLINE TRAINING INSTALL CONDUIT FROST TO STATION #2 FALL CLEANUP EVENT TRASH REMOVAL PROG DISPLAY SIGN MCC - DEC ESCROW RELEASE 2300 HIGHWOOD TRAINING ON VEEDER ROOT SOFTWARE K9 FOOD FOR POLICE K -9'S 57.03 55.92 48.98 43.67 33.28 1,363.00 3,43028 430.00 251.50 2,700.00 1,670.94 730.76 524.76 310.85 51.04 1,626.71 366.25 45.00 3,851.20 171.84 274.98 6,975.00 6,175.00 3,590.50 250.00 1,271.58 292.00 522.60 Packet Page Number 40 of 184 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 01/04/10 01/05/10 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 22,575.77 01104/10 01/05/10 US Bank VISA One Card" Credit Card Billing Fee 2,149.35 01104/10 01/05/10 MN Dept of Natural Resources DNR electronic licenses 11.00 01/04/10 01/05/10 MN Dept of Natural Resources DNR electronic licenses 2,331.50 01105/10 01/06/10 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 23,727.05 01/06110 01/07/10 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 17,206.10 01/07110 01/08/10 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 18,087.62 TOTAL *Detailed listing of VISA purchases is attached. uu,vsu.,)U Packet Page Number 41 of 184 Check Register 01/15/2010 City of Maplewood Check Date Vendor Description Amount 80368 0111112010 02464 US BANK FUNDS FOR ATMS 8,000.00 80369 01/1112010 04132 KAREN FORMANEK REIMB FOR TUITION & BOOKS 8126 -12116 586.33 80370 01/1412010 04008 AMERITAS MONTHLY PREMIUM - JANUARY 9,803.07 80371 0111412010 00644 HEALTHPARTNERS MONTHLY PREMIUM - JAN 9,803.07 80372 01/19/2010 00283 CENTURY COLLEGE LAW ENFORCEMENT TRAINING 1,785.00 80373 01/1912010 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - DEC 56.00 80374 0111912010 00519 FLEXIBLE PIPE TOOL CO. VIDEO CABLE REPAIR KIT - TELEVISING EQ 620.01 80375 01119/2010 01337 RAMSEY COUNTY -PROP REC & REV 911 DISPATCH SERVICES - DEC 18,147.92 80376 0111912010 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 7,349.66 01/1912010 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,826.82 01/1912010 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 429.11 01119/2010 01190 XCEL ENERGY FIRE SIRENS 50.52 80377 0111912010 00504 1ST LINE /LEEWES VENTURES LLC MDSE FOR RESALE 264.75 80378 0111912010 04401 ADMIN -IPA OPEN MEETING LAW WORKSHOP 300.00 80379 01/1912010 00134 ASSN OF METRO MUNICIPALITIES MEMBERSHIP DUES 9,689.00 80380 01/19/2010 03870 BASIAGO LAW OFFICE PROD 09 -15 O &E /ABSTRACT REPORTS 1,500.00 80381 01119/2010 00240 C.S.C. CREDIT SERVICES EMPLOYMENT BACKGROUND CHECKS 50.00 80382 01/19/2010 02929 CNAGLAC MONTHLY PREMIUM - JAN 531.50 80383 01/1912010 03313 DAMARCO SOLUTIONS LLC HAZARD COMM /RIGHT TO KNOW SRVS FEE 1,500.00 80384 0111912010 00412 DONALD SALVERDA & ASSOCIATES ADVANCE EFFECTIVE MGMT PROG 600.00 80385 01119/2010 00103 EARL F ANDERSON INC SUPERVISOR ON SITE 1,236.00 80386 0111912010 03597 MARY JO HOFMEISTER REIMB FOR MILEAGE 1218 -12/30 13.48 80387 01/19/2010 03323 IDENTI -KIT SOLUTIONS ANNUAL SOFTWARE LEASE IDENTI -KIT 408.00 80388 01/1912010 02237 IMPERIAL IMPRESSIONS ACCIDENT ENVELOPES 189.46 80389 01/19/2010 04306 INSTANT WHIP - MINNEAPOLIS, INC. MDSE FOR RESALE 399.89 80390 01/19/2010 00891 MAMA MEMBERSHIP DUES 45.00 80391 01/19/2010 02336 M A TAYLOR INC FITNESS CONSULTANT SRVS 4TH QTR 1,500.00 80392 01/1912010 03332 GLEN MC CARTY REIMB FOR PDA 01101 250.00 80393 01/19/2010 04316 CITY OF MINNEAPOLIS RECEIVABLES AUTO PAWN SYSTEMS - NOV 687.00 80394 01/19/2010 01085 MN LIFE INSURANCE MONTHLY PREMIUM - JAN 3,696.25 80395 01/1912010 03789 MICHAEL NYE REIMB FOR UNIFORM 01111 105.50 80396 01/19/2010 00001 ONE TIME VENDOR REFUND N KOCH AMB 081808 1,680.88 80397 01/1912010 00001 ONE TIME VENDOR REFUND J SMYTHE AMB 073590 485.00 80398 01/19/2010 00001 ONE TIME VENDOR REFUND F EVANS AMB 0879 473.20 80399 01/19/2010 00001 ONE TIME VENDOR REFUND ELTON BCBS & UCARE 380.00 80400 01/1912010 00001 ONE TIME VENDOR REFUND N MCCARTY BCBS BENEFIT 120.00 80401 01/19/2010 00001 ONE TIME VENDOR REFUND E OLSON TRANS MEDIC MW93023 118.96 80402 01/1912010 00001 ONE TIME VENDOR REFUND R CZEEK HP BENEFIT 60.00 80403 01/19/2010 00001 ONE TIME VENDOR REFUND M REINHARDT UCARE BENEFIT 20.00 80404 01/19/2010 01254 PEPSI -COLA COMPANY MDSE FOR RESALE 748.32 80405 01/19/2010 03151 PETTY CASH REPLENISH PETTY CASH 275.27 80406 01/19/2010 01295 PREMIER BANK SAFE DEPOSIT BOX 00149 80.00 80407 01/19/2010 00396 DEPT OF PUBLIC SAFETY CJDN SRVS PROVIDED TO PD 4TH QTR 1,920.00 80408 01/1912010 00396 DEPT OF PUBLIC SAFETY HAZARDOUS SUB STORAGE FEE 2009 25.00 01/19/2010 00396 DEPT OF PUBLIC SAFETY HAZARDOUS SUB STORAGE FEE 2006 25.00 80409 01/1912010 04221 RANDY'S MEATS & GOOD STUFF MDSE FOR RESALE 67.86 80410 01/19/2010 01359 REGAL AUTO WASH DETAIL XX CAR WASHES - DEC 75.00 80411 01/19/2010 01409 S.E.H. WETLAND MONITORING @ CO D & JOY PAF 2,389.01 01119/2010 01409 S.E.H. ORDINANCE UPDATES 2,333.94 01/19/2010 01409 S.E.H. MISC SRVS NATURE CENTER & JOY PARK 728.98 01/19/2010 01409 S.E.H. ORDINANCE UPDATES 289.24 01/19/2010 01409 S.E.H. SURFACE WATER MANAGEMENT 264.12 01/19/2010 01409 S.E.H. WETLAND MONITORING @ CO D & JOY PAF 98.76 80412 01/19/2010 04043 SCHWAN FOOD CO MDSE FOR RESALE 47.75 01/19/2010 04043 SCHWAN FOOD CO MDSE FOR RESALE 27.97 Packet Page Number 42 of 184 80413 01/1912010 02274 SPRINT SPRINT SRVS 11/15-12/14 6,006.99 80414 01/19/2010 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 748.13 80415 01/19/2010 01836 CITY OF ST PAUL RECORD MGMT SOFTWARE FEES - DEC 3,798.00 01/19/2010 01836 CITY OF ST PAUL CRIME LAB SERVICES - DEC 35.00 01/19/2010 01836 CITY OF ST PAUL PAPER- BROCHURES FROM RIVER PRINT 29.66 80416 01/19/2010 01538 STREICHER'S VEST OUTER CARRIER PD (BERGERON) 124.99 80417 01/19/2010 04340 TAB PRODUCTS CO. LLC MOBILE SHELVING SYSTEM - PROPERTY RO 18,178.92 01/19/2010 04340 TAB PRODUCTS CO. LLC INSTALLATION FOR SHELVING SYSTEM 5,386.69 80418 01/19/2010 01649 TRI -STATE BOBCAT, INC. S130 BOBCAT SKID -STEER LOADER 2,030.63 80419 01/19/2010 00529 UNION SECURITY INSURANCE CO LTD PLAN 4043120 -2 - JAN 2,706.80 01/19/2010 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120 -1 - JAN 1,847.57 80420 01/19/2010 03606 URBAN COMPANIES PROD 05 -18 MARKHAM POND FINALPMT 11,223.51 80421 01/19/2010 01750 THE WATSON CO INC MDSE FOR RESALE 474.77 01/19/2010 01750 THE WATSON CO INC MDSE FOR RESALE 314.98 01/19/2010 01750 THE WATSON CO INC MDSE FOR RESALE 190.32 80422 01119/2010 04402 WEST GOVERNMENT SERVICES LEAD EVALUATION & REPORTING 254.10 55 Checks in this report. 148.508.66 Packet Page Number 43 of 184 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 01/08/10 01/11/10 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 8,542.75 01/08114 01111/10 MN Dept of Revenue MN Care Tax 137.02 01/08/10 01/11/10 ICMA (Vantagepointe) Deferred Compensation 3,444.65 01/08/14 01/11/10 MN Dept of Natural Resources DNR electronic licenses 1,507.00 01/08/10 01/11/10 MN Dept of Natural Resources DNR electronic licenses 3.00 01/09/14 01/12/10 Tues MN State Treasurer Drivers License /Deputy Registrar(city cirk) 36,140.56 01/09/10 01112110 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 6,294.04 01/11/10 01/12/10 PERA PERA 84,905.56 01/11/14 01/12/10 US Treasurer Federal Payroll Tax (FICA) 95,334.21 01/11110 01/12/10 MN Dept of Revenue Sales Tax 9,158.00 01/11/14 01/12110 ING Deferred Compensation 24,459.70 01/11/10 01/12/10 US Bank VISA One Card* Purchasing Card Items 46,473.16 01/12/14 01/13/10 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,310.25 01/12/10 01/13/10 Labor Unions Union Dues 1,930.00 01/12/10 01113/10 MN State Treasurer State Payroll Tax 20,245.06 01/13110 01/14/10 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,262.29 01/13/10 01/14/10 MN Dept of Revenue MN Care Tax 5,583.00 01/13/14 01/14/10 MN Dept of Revenue Fuel Tax 947.96 01/14/10 01/15110 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 10,509.83 TOTAL 380,188.04 *Detailed listing of VISA purchases is attached. Packet Page Number 44 of 184 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT 01/08110 HJELLE. ERIK 416.42 01/08110 JUENEMANN, KATHLEEN 416.42 01/08110 NEPHEW, JOHN 416.42 01/08110 ROSSBACH, WILLIAM 416.42 01/08110 AHL, R. CHARLES 5,121.44 01/08110 ANTONEN, JAMES 5,800.00 01/08110 BURLINGAME, SARAH 1,772.43 01/08110 CHRISTENSON, SCOTT 1,861.35 01/08110 FARR, LARRY 1668.95 01/08110 JAHN, DAVID 1,788.37 01/08110 RAMEAUX, THERESE 2,942.50 01/08110 FORMANEK, KAREN 1,712.56 01/08110 MITTET, ROBERT 3,572.04 01/08110 ANDERSON. CAROLE 1,658.83 01/08110 DEBILZAN, JUDY 1,024.69 01/08110 JACKSON, MARY 1042.95 01/08110 KELSEY, CONNIE 1494.27 01/08110 LAYMAN, COLLEEN 1743.10 01/08110 CAREY, HEIDI 1423.75 01/08110 GUILFOILE, KAREN 4118.10 01/08110 KROLL, LISA 1.714.65 01/08110 NEPHEW, MICHELLE 1,345.45 01/08110 SCHMIDT, DEBORAH 2,395.37 01/08110 SPANGLER, EDNA 996.33 01/08110 THOMFORDE, FAITH 750.00 01/08110 THOMFORDE, FAITH 705.00 01/08110 CORTESI, LUANNE 957.47 01/08110 JAGOE, CAROL 1,841.53 01/08110 KELLY, LISA 1.399.07 01/08110 CARSON, MICHELLE 911.83 01/08110 MECHELKE, SHERRIE 1,055.38 01/08110 MOY, PAMELA 1,055.37 01/08110 OSTER, ANDREA 1.833.17 01/08110 WEAVER, KRISTINE 1,969.97 01/08110 ARNOLD, AJLA 720.00 01/08110 CORCORAN, THERESA 1,936.81 01/08110 KVAM, DAVID 4.086.18 01/08110 PALANK, MARY 1,848.17 01/08110 POWELL, PHILIP 1818.15 01/08/10 SVENDSEN, JOANNE 2,022.59 01/08/10 THOMALLA, DAVID 4,839.74 01/08/10 YOUNG, TAMELA 1.836.55 01/08/10 ABEL, CLINT 1886.18 01/08/10 ALDRIDGE, MARK 3.003.92 01%08/10 BAKKE, LONN 3,038.29 01%08/10 BARTZ, PAUL 3,957.79 Packet Page Number 45 of 184 01%08/10 BELDE. STANLEY 3.106.52 01%08/10 BENJAMIN. MARKESE 2.32399 01%08/10 BIERDEMAN, BRIAN 3,178.68 01%08/10 BOHL, JOHN 3,039.64 01%08/10 BUSACK, DANIEL 3,104.62 01%08/10 COFFEY. KEVIN 3.035.50 01%08/10 CROTTY, KERRY 3,405.60 01%08/10 DEMULLING. JOSEPH 2.640.86 01%08/10 DOBLAR, RICHARD 3,47316 01%08/10 DUGAS, MICHAEL 4,298.66 01%08/10 FRITZE. DEREK 2.45211 01%08/10 GABRIEL, ANTHONY 3,375.48 01%08/10 HAWKINSON JR, TIMOTHY 2.63019 01%08/10 HER. PHENG 2.47599 01%08/10 HIEBERT, STEVEN 3.371.74 01%08/10 JOHNSON. KEVIN 3.705.68 01%08/10 KALKA, THOMAS 1.668.68 01%08/10 KARIS, FLINT 3.731.08 01%08/10 KONG. TOMMY 2.726.02 01%08/10 KREKELER, NICHOLAS 1.472.68 01%08/10 KROLL, BRETT 3.006.42 01%08/10 LANGNER, TODD 2.670.44 01%08/10 LARSON, DANIEL 2.726.02 01%08/10 LU, JOHNNIE 3.81494 01%08/10 MARINO, JASON 3.588.81 01108/10 MARTIN, DANIEL 2.108.87 01108/10 MARTIN, JERROLD 2.877.88 01108!10 MCCARTY, GLEN 3.244.23 01108!10 METRY, ALESIA 2.670.44 01108!10 NYE, MICHAEL 3.775.78 01108!10 OLSON, JULIE 2.876.77 01108!10 RHUDE. MATTHEW 2.834.28 01108!10 SHORTREED, MICHAEL 3.881.66 01108!10 STEINER, JOSEPH 2.790.65 01108!10 SYPNIEWSKI, WILLIAM 2.670.44 01108!10 SZCZEPANSKI. THOMAS 3.420.44 01108!10 TAUZELL. BRIAN 2.061.34 01108!10 IRAN, JOSEPH 3.329.64 01108!10 WENZEL. JAY 3.479.77 01108!10 XIONG, KAO 2.75115 01108!10 BERGERON, JOSEPH 3.573.41 01108!10 ERICKSON, VIRGINIA 2.984.54 01108!10 FLOR, TIMOTHY 3.265.21 01108!10 FRASER, JOHN 3.273.33 01/08110 LANGNER, SCOTT 2,872.92 01/08110 REZNY, BRADLEY 3,172.34 01/08110 THEISEN, PAUL 3,238.70 01/08110 THIENES, PAUL 3,829.46 01/08110 BADMAN. ANDREW 2.964.02 01/08110 DAWSON, RICHARD 4.363.85 01/08110 DOLLERSCHELL, ROBERT 293.39 01/08110 EVERSON, PAUL 3,360.21 01/08110 FOSSUM, ANDREW 2,822.41 01/08110 HALWEG, JODI 3,610.87 01/08110 JUNGMANN, BERNARD 3,306.79 01/08110 NOVAK, JEROME 2,600.20 Packet Page Number 46 of 184 01%08/10 OLSON, JAMES 2.886.24 01%08/10 PETERSON, ROBERT 3.58594 01%08/10 PLACE, ANDREA 2.736.26 01%08/10 SEDLACEK, JEFFREY 3.450.44 01%08/10 STREET, MICHAEL 2.951.75 01%08/10 SVENDSEN, RONALD 3.896.06 01%08/10 GERVAIS -JR, CLARENCE 3.47214 01%08/10 LUKIN, STEVEN 4.38797 01%08/10 ZWIEG, SUSAN 2.17016 01%08/10 KNUTSON, LOIS 1.90295 01%08/10 NIVEN, AMY 1.371.42 01%08/10 PRIEFER, WILLIAM 3.257.55 01%08/10 BRINK, TROY 3.220.37 01%08/10 BUCKLEY, BRENT 3.31016 01%08/10 DEBILZAN, THOMAS 2.212.34 01%08/10 EDGE, DOUGLAS 2.712.09 01%08/10 JONES, DONALD 2.519.03 01%08/10 MEISSNER, BRENT 2.274.59 01%08/10 MEYER, GERALD 2.182.55 01%08/10 NAGEL. BRYAN 3.229.26 01%08/10 OSWALD, ERICK 3.019.69 01%08/10 RUNNING, ROBERT 3.425.28 01%08/10 TEVLIN, TODD 2.87218 01%08/10 BURLINGAME, NATHAN 1.84697 01%08/10 DUCHARTNIE. JOHN 2.620.21 01%08/10 EATON, MEGAN 162.50 01%08/10 ENGSTROM. ANDREW 2.277.35 01/08/10 JACOBSON, SCOTT 2.012.40 01/08!10 JAROSCH, JONATHAN 2.631.75 01/08!10 KREGER, JASON 1.937.35 01/08!10 KUMMER, STEVEN 2.89095 01/08!10 LINDBLOM, RANDAL 2.636.37 01/08!10 LOVE, STEVEN 2.807.75 01/08!10 THOMPSON. MICHAEL 3.654.44 01/08110 ZIEMAN, SCOTT 178.20 01/08110 EDSON, DAVID 2,725.89 01/08110 HINNENKAMP, GARY 2,430.14 01/08110 MARUSKA, MARK 3,090.00 01/08110 NAUGHTON. JOHN 2,541.75 01/08110 NORDQUIST, RICHARD 2,483.21 01/08110 SCHINDELDECKER, JAMES 2,069.17 01/08110 BIESANZ, OAKLEY 1,258.59 01/08110 DEAVER, CHARLES 645.11 01/08110 HAYMAN, JANET 1.339.85 01/08110 HUTCHINSON, ANN 2,546.16 01/08110 WACHAL, KAREN 791.88 01/08110 FINWALL. SHANN 2.989.36 01/08110 FRY, PATRICIA, 1,898.06 01/08110 GAYNOR, VIRGINIA 2,969.70 01/08110 KONEWKO, DUWAYNE 4,504.77 01/08110 SINDT, ANDREA 1,977.35 01/08110 THOMPSON, DEBRA 508.62 01/08110 EKSTRAND, THOMAS 3,707.78 01/08110 MARTIN, MICHAEL 2,458.95 01/08110 BRASH, JASON 1,941.35 01/08110 CARVER, NICHOLAS 3,118.02 Packet Page Number 47 of 184 01%08/10 FISHER, DAVID 3,687.08 01%08/10 SWAN, DAVID 2.61015 01%08/10 WELLENS, MOLLY 1,462.42 01%08/10 BERGER, STEPHANIE 5319 01%08/10 BJORK, BRANDON 99.00 01%08/10 JANASZAK, MEGHAN 583.31 01%08/10 ROBBINS, AUDRA 2.513.20 01%08/10 ROBBINS, CAMDEN 96.06 01%08/10 ROBBINS, EMERALD 66.50 01%08/10 SCHALLER, SCOTT 123.38 01%08/10 SHERRILL, CAITLIN 37013 01%08/10 STAPLES. PAULINE 2.987.90 01%08/10 TAUBMAN. DOUGLAS 3.208.66 01%08/10 TAYLOR, JAMES 2.170.42 01%08/10 ADAMS. DAVID 1.853.30 01%08/10 GERMAIN, DAVID 2.300.87 01%08/10 HAAG, MARK 3,387.65 01%08/10 SCHULTZ, SCOTT 2.695.30 01%08/10 ANZALDI, MANDY 1,633.50 01%08/10 BRENEMAN. NEIL 1.882.84 01%08/10 COLLINS, ASHLEY 168.00 01%08/10 CRAWFORD - JR. RAYMOND 543.79 01%08/10 EVANS, CHRISTINE 1,146.36 01%08/10 FABIO- SHANLEY. MICHAEL 131.00 01/08110 GADOW, ANNA 186.44 01/08110 GLASS, JEAN 2,041.87 01/08110 HANSEN, LORI 2,692.83 01/08110 HER, CHONG 104.00 01/08110 HER, PETER 215.60 01/08110 HOFMEISTER, MARY 928.25 01/08110 HOFMEISTER, TM40THY 331.50 01/08110 LAMB, JACQUELINE 216.00 01/08110 OLSON, SANDRA 84.00 01/08110 PELOQUIN, PENNYE 636.06 01/08110 PENN, CHRISTINE 2,033.63 01/08110 SCHOENECKER, LEIGH 704.75 01/08110 STARK, SUE 174.00 01/08110 YANG, KAY 261.75 01/08110 VUE, LOR PAO 41.25 01/08110 AICHELE, MEGAN 22.50 01/08110 ANDERSON, JOSHUA 85.40 01/08110 ANDERSON, JUSTIN 112.70 01/08110 ANDERSON, MAXWELL 141.38 01/08110 BEITLER, JULIE 72.00 01/08110 BRENEMAN, SEAN 132.40 01/08110 BRUSOE, AMY 99.85 01/08110 BRUSOE, CRISTINA 100.45 01/08110 CAMPBELL, JESSICA 74.00 01/08110 CLARK, PAMELA 37.50 01/08110 DEMPSEY, BETH 49.00 01/08110 DUNN, RYAN 695.88 01/08110 ERICKSON- CLARK, CAROL 49.00 01/08110 FIERRO WESTBERG, MELINDA 63.00 01/08110 GRUENHAGEN, LINDA 201.70 01/08110 HANSEN, HANNAH 21.75 01/08110 HEINRICH, SHEILA 22.00 Packet Page Number 48 of 184 01%08/10 HOLMBERG, LADONNA 431.00 01%08/10 HORWATH, RONALD 2.513.20 01%08/10 JOHNSON. JAMES 76.00 01%08/10 JOYER, JENNA 53.55 01%08/10 KOGLER, RYAN 436.10 01%08/10 KOHLER, ROCHELLE 51.00 01%08/10 KOLLER, NINA 157.34 01%08/10 KRONHOLM. KATHRYN 675.45 01%08/10 KURZHAL, ALISON 11093 01%08/10 MATHEWS. LEAH 364.70 01%08/10 MCCANN, NATALIE 18.00 01%08/10 MCCARTHY, ERICA 33.75 01%08/10 NADEAU. KELLY 4313 01%08/10 PROESCH, ANDY 513.33 01/08110 RENFORD, NATHAN 105.50 01/08110 RICHTER, DANIEL 72.00 01/08110 RICHTER, NANCY 1,510.49 01/08110 RONNING, ISAIAH 25.73 01/08110 SCHREIER, ROSEMARIE 112.50 01/08110 SCHREINER, MICHELLE 100.38 01/08110 SCHUNEMAN, GREGORY 99.81 01/08110 SJERVEN, BRENDA 119.00 01/08110 SKUNES, KELLY 82.25 01/08110 SMITH, ANN 118.20 01/08110 SMITLEY, SHARON 253.50 01/08110 TUPY, ELIANA 104.00 01/08110 TUPY, HEIDE 88.80 01/08110 TUPY, MARCUS 230.50 01/08110 WARNER, CAROLYN 183.30 01/08110 WEDES, CARYL 98.00 01/08110 WEEVER, NAOMI 29.00 01/08110 WOLFGRAM, MARY 136.50 01/08110 WOLFGRAM, TERESA 9.65 01/08110 WOODMAN, ALICE 46.00 01/08110 YOUNCE, BLAISE 65.25 01/08110 ZALK, DAVID 18.13 01/08110 BOSLEY, CAROL 172.20 01/08110 GIERNET, ASHLEY 72.25 01/08110 LANGER, CHELSEA 34.00 01/08110 LANGER. KAYLYN 72.25 01/08110 ZAGER, LINNEA 99.75 01/08110 BEHAN, JAMES 1,931.74 01/08110 BOWMAN, MATTHEW 268.95 01/08110 COLEMAN, PATRICK 235.63 01/08110 CURRANT, JAMES 126.00 01/08110 DOUGLASS, TOM 1,395.42 01/08110 JOHNSON, JUSTIN 234.32 01/08110 LAROCHE, ANDRE 148.00 01/08110 LONETTI, JAMES 360.00 01/08110 MALONEY, SHAUNA 145.00 01/08110 PRINTS, KELLY 1,220.22 01/08110 REILLY, MICHAEL 1,861.35 01/08110 VALERIO, TARA 272.00 01/08110 AICHELE, CRAIG 2,416.39 01/08110 PRIEM, STEVEN 2,350.61 01/08110 WOEHRLE, MATTHEW 2,891.60 Packet Page Number 49 of 184 Packet Page Number 50 of 184 01%08/10 BERGO, CHAD 2.57418 01%08/10 FOWLES. MYHHAL 3.424.31 01%08/10 FRANZEN, NICHOLAS 2.242.10 1008386 01%08/10 LONGRIE, DIANA 47315 1008387 01/08110 TAUBM.AN, KEVIN 140.00 1008388 01/08110 AUGE, SARAH 127.50 1008389 01 /08110 WELCHLIN, CABOT 3,006.66 1008390 01 /08110 ABRAHAMSON, AMANDA 24.00 1008391 01 /08110 ABRAHAMSON, TYLER 37.50 1008392 01 /08110 ANZALDI, MICHAEL 110.00 1008393 01 /08110 BROZAK, NICHOLAS 222.75 1008394 01 /08110 CHEZIK, CARLEY 34.00 1008395 01 /08110 DALBEC, JAMES 52.00 1008396 01 /08110 DEBILZAN, COLE 16.00 1008397 01 /08110 DEBILZAN, JAIME 20.00 1008398 01 /08110 FERNANDEZ, JOSEPH 136.00 1008399 01 /08110 FRANK, SARAH 90.75 1008400 01 /08110 GEBHARD, MADELINE 325.00 1008401 01 /08110 HANNIGAN, TYLER 54.00 1008402 01 /08110 MALLET, AMANDA 105.00 1008403 01 /08110 MUELLNER, CHADD 136.00 1008404 01/08110 ORTT, MATTHEW 40.50 1008405 01 /08110 SCHAAF, JARED 128.00 1008406 01 /08110 SERGOT, COLLIN 72.00 1008407 01 /08110 SNYDER, JOSHUA 48.00 1008408 01 /08110 TARR -JR, GUS 45.00 1008409 01 /08110 VERMILYEA, ABBY 30.00 1008410 01 /08110 SIMPSON, JOSEPH 82.50 1008411 01 /08110 BUESING, DYLAN 22.05 1008412 01 /08110 CRANDALL, KRISTA 21.75 1008413 01 /08110 DESPEN, DESIREE 83.38 1008414 01 /08110 FLUEGEL, LARISSA 21.75 1008415 01 /08110 GIPPLE, TRISHA 21.75 1008416 01 /08110 LAMSON, KEVIN 8.35 1008417 01 /08110 MCCORMACK, MELISSA 80.85 1008418 01 /08110 MCLAURIN, CHRISTOPHER 247.25 1008419 01 /08110 MCMAHON, MICHAEL 14.70 1008420 01 /08110 NWANOKWALE, MORDY 218.00 1008421 01 /08110 ROSTRON, ROBERT 226.58 1008422 01 /08110 VIMR, CAYLA 50.75 1008423 01 /08110 DANIEL, BREANNA 76.00 1008424 01 /08110 SCHULZE, KEVIN 372.00 1008425 01 /08110 STEFFEN, MICHAEL 145.00 496,570.00 Packet Page Number 50 of 184 Trans Date Posting Date Merchant Name Trans Amount Name 12/18/2009 12/21/2009 DELEGARD TOOL COMPANY $47.12 DAVE ADAMS 01/03/2010 01/0412010 PARTY CITY #768 $26.92 MANDY ANZALDI 12/18/2009 12/2112009 MUSKA LIGHTING CENTER $152.34 JIM BEHAN 12/21/2009 12/22/2009 AQUA LOGICS INC $926.49 JIM BEHAN 12/21/2009 12/23/2009 POOLSIDE $11.73 JIM BEHAN 12/29/2009 12/31/2009 POOLSIDE $364.23 JIM BEHAN 12/29/2009 12/31/2009 BLUE RIBBON BAIT & TACKLE $3.20 OAKLEY BIESANZ 12/29/2009 12/31/2009 TWIN CITIES REPTILES $4.95 OAKLEY BIESANZ 12/29/2009 12/31/2009 TWIN CITIES REPTILES $13.45 OAKLEY BIESANZ 12/30/2009 12/31/2009 KNOWLAN'S MARKET #2 $29.95 OAKLEY BIESANZ 12/22/2009 12/2312009 KNOWLAN'S MARKET #2 $12.42 RON BOURQUIN 12/22/2009 12/24/2009 ROCCO'S PIZZA $55.66 RON BOURQUIN 12/18/2009 12/22/2009 SPRINT AQUATICS ($6.80) NEIL BRENEMAN 12/23/2009 12/24/2009 WW GRAINGER $41.51 TROY BRINK 12/23/2009 12/28/2009 DAVIS LOCK & SAFE $6.41 TROY BRINK 12/17/2009 12/21/2009 OFFICE DEPOT #1090 ($4.88) SARAH BURLINGAME 12/17/2009 12/21/2009 OFFICE DEPOT #1090 $39.97 SARAH BURLINGAME 12/22/2009 12/2412009 OFFICE DEPOT #1090 $72.16 SARAH BURLINGAME 12/24/2009 12/28/2009 SHRED -IT $66.50 SARAH BURLINGAME 12/28/2009 12/30/2009 SOLUTION FOR RESULTS $11.00 NICHOLAS CARVER 12/30/2009 01/04/2010 GREENBUILDMAG COM A $39.95 NICHOLAS CARVER 12/17/2009 12/21/2009 VIKING ELEC- CREDIT DEPT. $37.80 SCOTT CHRISTENSON 12/21/2009 12/23/2009 VIKING ELEC - CREDIT DEPT. $89.99 SCOTT CHRISTENSON 12/29/2009 12/31/2009 MUSKA ELECTRIC CO $380.76 SCOTT CHRISTENSON 12/17/2009 12/21/2009 HIGHLAND GRILL $45.53 KERRY CROTTY 12/18/2009 12/2112009 ARROWHEAD EMERGENCY $340.00 KERRY CROTTY 12/30/2009 12/3112009 LOFFLER COMPANIES INC $2,436.75 KERRY CROTTY 12/22/2009 12/23/2009 MENARDS 3022 ($1.59) CHARLES DEAVER 12/22/2009 12/23/2009 BIRD HOUSE TOO $24.55 CHARLES DEAVER 12/27/2009 12/28/2009 MENARDS 3022 $16.74 CHARLES DEAVER 12/27/2009 12/29/2009 HOLIDAY 3523 $2.56 CHARLES DEAVER 12/30/2009 01/04/2010 RYCO SUPPLY CO $20.39 CHARLES DEAVER 12/28/2009 12/29/2009 STRETCHERS INC $219.07 RICHARD DOBLAR 12/23/2009 12/2812009 OREILLY AUTO 00020743 $13.92 MICHAEL DUGAS 12/21/2009 12/2312009 MILLS FLEET FARM #2700 $28.62 DAVE EDSON 12/28/2009 12/29/2009 NORTHWEST LASERS INC $609.18 ANDREW ENGSTROM 12/18/2009 12/21/2009 MOBILE RADIO ENGINEERING $83.25 LARRY FARR 12/19/2009 12/21/2009 CINTAS #470 $15.21 LARRY FARR 12/19/2009 12/21/2009 CINTAS #470 $22.71 LARRY FARR 12/19/2009 12/22/2009 THE TRANE COMPANY $2,400.00 LARRY FARR 12/22/2009 12/23/2009 MUSKA LIGHTING CENTER $2,081.92 LARRY FARR 12/31/2009 12/31/2009 MUSKA ELECTRIC CO $351.21 LARRY FARR 12/31/2009 01/0412010 PARAGON SOLUTIONS GROUP 1 $1,888.59 LARRY FARR 12/22/2009 12/24/2009 INT'L CODE COUNCIL INC $240.50 DAVID FISHER 12/29/2009 12/31/2009 CURTIS 1000 $47.35 KAREN FORMANEK 12/31/2009 01/04/2010 OFFICE DEPOT #1090 $55.05 KAREN FORMANEK 12/22/2009 12/23/2009 CABLING SERVICES CORPORA $553.59 MYCHAL FOWLDS 12/22/2009 12/23/2009 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 12/23/2009 12/28/2009 IDEACOM MID AMERICA $317.00 MYCHAL FOWLDS 12/23/2009 12/2912009 MUSKA ELECTRIC CO $208.50 MYCHAL FOWLDS 12/24/2009 12/28/2009 SHI INTERNATIONAL CORP $4,052.70 MYCHAL FOWLDS Packet Page Number 51 of 184 12/29/2009 12/3012009 KVM GALORE $150.08 MYCHAL FOWLDS 12/30/2009 12/3012009 HP DIRECT- PUBLICSECTOR $916.99 MYCHAL FOWLDS 12/31/2009 01/04/2010 QWESTCOMM *TN651 $66.45 MYCHAL FOWLDS 01/01/2010 01/04/2010 HP DIRECT- PUBLICSECTOR $3,451.27 MYCHAL FOWLDS 12/19/2009 12/21/2009 INSIGHT *PUBLICSECTOR $201.52 NICK FRANZEN 12/21/2009 12/22/2009 TARGET 00011858 $25.70 NICK FRANZEN 12/25/2009 12/28/2009 EXPERTS- EXCHANGE.COM $99.95 NICK FRANZEN 12/23/2009 12/24/2009 RED WING SHOE STORE $121.55 DAVID GERMAIN 12/23/2009 12/28/2009 OFFICE DEPOT #1090 $112.50 JEAN GLASS 12/20/2009 12/2112009 TARGET 00022293 $507.94 KAREN E GUILFOILE 12/24/2009 12/28/2009 SHRED -IT $18.15 KAREN E GUILFOILE 12/18/2009 12/21/2009 WW GRAINGER $116.43 MARK HAAG 12/21/2009 12/22/2009 MENARDS 3059 {$40.57} MARK HAAG 12/21/2009 12/22/2009 MENARDS 3059 $51.41 MARK HAAG 12/21/2009 12/22/2009 MENARDS 3059 $71.74 MARK HAAG 12/22/2009 12/23/2009 ZAHL PMC $186.77 MARK HAAG 12/19/2009 12/2112009 COMCAST CABLE COMM $90.20 LORI HANSON 12/24/2009 12/28/2009 OREILLY AUTO 00020743 $13.92 PATRICK HEFFERNAN 12/19/2009 12/21/2009 THE HOME DEPOT 2801 $36.37 RICK HERLUND 12/26/2009 12/28/2009 THE HOME DEPOT 2801 $20.13 RICK HERLUND 12/26/2009 12/28/2009 MENARDS 3059 $112.16 RICK HERLUND 12/21/2009 12/22/2009 LESCO SC 0530 $496.04 GARY HINNENKAMP 12/30/2009 12/31/2009 AMAZON.COM $175.20 ANN E HUTCHINSON 12/30/2009 12/30/2009 PROPERTYKEY.COM, INC. $600.00 SCOTT JACOBSON 12/18/2009 12/2112009 DALCO ENTERPRISES, INC $507.58 DAVID JAHN 12/17/2009 12/2112009 OFFICE MAX $22.26 BERNARD R JUNGMANN 12/18/2009 12/21/2009 PHILIPS MEDICAL SYSTEMS $1,825.55 BERNARD R JUNGMANN 12/18/2009 12/21/2009 CHD *C AND H DISTRIBTRS $107.17 BERNARD R JUNGMANN 12/22/2009 12/24/2009 ANCOM TECHNICAL CENTER IN $16.57 BERNARD R JUNGMANN 12/22/2009 12/24/2009 N AMERICA RESCUE PRODUCT $530.40 BERNARD R JUNGMANN 12/22/2009 12/24/2009 PRIMARY PRODUCTS COMPANY $455.20 BERNARD R JUNGMANN 12/23/2009 12/24/2009 BOUND TREE MEDICAL LLC $5.88 BERNARD R JUNGMANN 12/24/2009 12/2812009 PHILIPS MEDICAL SYSTEMS $924.00 BERNARD R JUNGMANN 12/31/2009 01/0412010 PHILIPS MEDICAL SYSTEMS $221.00 BERNARD R JUNGMANN 12/31/2009 01/04/2010 BOUND TREE MEDICAL LLC $82.83 BERNARD R JUNGMANN 12/29/2009 12/30/2009 BATTERIES PLUS #31 $166.60 NICHOLAS KREKELER 12/29/2009 12/30/2009 GERMAN LEATHER AND SHOE $25.89 NICHOLAS KREKELER 12/23/2009 12/23/2009 NRI *SANFRD /DYMO /CDSCAN $64.28 LISA KROLL 12/23/2009 12/28/2009 OFFICE DEPOT #1090 $141.53 LISA KROLL 12/23/2009 12/28/2009 OFFICE DEPOT #1105 $14.61 LISA KROLL 12/24/2009 12/28/2009 CALENDARS $289.47 LISA KROLL 12/30/2009 01/0412010 OFFICE DEPOT #1090 $183.79 LISA KROLL 12/17/2009 12/21/2009 SHRED -IT $79.92 DAVID KVAM 12/18/2009 12/21/2009 BEST BUY MHT 00000109 $53.54 DAVID KVAM 12/18/2009 12/21/2009 THE GRAFIX SHOPPE $1,260.00 DAVID KVAM 12/19/2009 12/21/2009 UNIFORMS UNLIMITED INC $241.73 DAVID KVAM 12/23/2009 12/23/2009 ACT *ASSOCIATION OF TRA $75.00 DAVID KVAM 12/23/2009 12/23/2009 ACT *REGONLINE $200.00 DAVID KVAM 12/24/2009 12/2812009 SHRED -IT $49.95 DAVID KVAM 12/24/2009 12/28/2009 ITL PATCH COMPANY INC. $1,032.95 DAVID KVAM 12/18/2009 12/21/2009 METRO FIRE $150.00 STEVE LUKIN 12/21/2009 12/22/2009 ATTM *878423931 NBI $166.55 STEVE LUKIN Packet Page Number 52 of 184 12/21/2009 12/2212009 EMERGENCY APPARATUS MAINT $177.39 STEVE LUKIN 12/22/2009 12/2412009 BEST BUY MHT 00000109 $621.28 STEVE LUKIN 12/22/2009 12/28/2009 AIRGAS NORTH CENTRAL $131.56 STEVE LUKIN 12/22/2009 12/28/2009 AIRGAS NORTH CENTRAL $175.60 STEVE LUKIN 12/30/2009 12/31/2009 EMERGENCY APPARATUS MAINT $1,133.13 STEVE LUKIN 12/30/2009 01/04/2010 ASPEN MILLS INC. $49.95 STEVE LUKIN 12/31/2009 01/04/2010 AIRGAS NORTH CENTRAL $6.66 STEVE LUKIN 12/22/2009 12/24/2009 OFFICE MAX $126.35 MIKE MARTIN 12/21/2009 12/22/2009 TARGET 00006940 $22.43 JON A MELANDER 12/22/2009 12/2812009 REDS SAVOY PIZZA - W $60.92 JON A MELANDER 12/23/2009 12/24/2009 QWESTCOMM *TN651 $58.36 ROBERT MITTET 12/24/2009 12/28/2009 SHRED -IT $18.15 ROBERT MITTET 12/28/2009 12/28/2009 COMCAST CABLE COMM $142.42 ROBERT MITTET 01/02/2010 01/04/2010 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 12/30/2009 12/31/2009 RON'S VIRTUE PRINTI $78.02 AMY NIVEN 12/22/2009 12/24/2009 LOEFFLER SHOES $159.95 ERICK OSWALD 12/22/2009 12/2412009 OFFICE DEPOT #1105 $353.83 MARY KAY PALANK 12/23/2009 12/28/2009 OFFICE DEPOT #1090 $66.31 MARY KAY PALANK 12/23/2009 12/24/2009 MEDTECH FORENSICS INC $159.90 PHILIP F POWELL 12/24/2009 12/28/2009 HENRIKSEN ACE HARDWARE $23.56 PHILIP F POWELL 12/31/2009 12/31/2009 ULINE *SHIP SUPPLIES $382.89 PHILIP F POWELL 12/31/2009 12/31/2009 ULINE *SHIP SUPPLIES $27.78 PHILIP F POWELL 12/17/2009 12/21/2009 KATH AUTO PARTS NSP $326.90 STEVEN PRIEM 12/17/2009 12/21/2009 FACTORY MOTOR PARTS #19 $37.89 STEVEN PRIEM 12/18/2009 12/2112009 TOUSLEY FORD 127200039 $382.77 STEVEN PRIEM 12/18/2009 12/2112009 FACTORY MOTOR PARTS #19 $111.13 STEVEN PRIEM 12/18/2009 12/21/2009 FACTORY MOTOR PARTS #19 $322.16 STEVEN PRIEM 12/18/2009 12/21/2009 BORGEN RADIATOR CO $338.68 STEVEN PRIEM 12/21/2009 12/22/2009 HENRIKSEN ACE HARDWARE $13.99 STEVEN PRIEM 12/21/2009 12/23/2009 KATH AUTO PARTS NSP $17.72 STEVEN PRIEM 12/22/2009 12/23/2009 WINTER EQUIPMENT C $803.29 STEVEN PRIEM 12/22/2009 12/23/2009 FASTENAL CO- RETAIL $55.35 STEVEN PRIEM 12/23/2009 12/2412009 BAUER BUILT TIRE - $335.57 STEVEN PRIEM 12/23/2009 12/2412009 FASTENAL CO- RETAIL $52.77 STEVEN PRIEM 12/23/2009 12/28/2009 KATH AUTO PARTS NSP $7.22 STEVEN PRIEM 12/28/2009 12/29/2009 AMERICAN FASTENER AND SUP $55.45 STEVEN PRIEM 12/28/2009 12/29/2009 E A T 1 $111.47 STEVEN PRIEM 12/28/2009 12/30/2009 FREDS TIRE CO $85.70 STEVEN PRIEM 12/29/2009 12/30/2009 ROAD RESCUE EMERGENCY VE $166.47 STEVEN PRIEM 12/29/2009 12/31/2009 KATH AUTO PARTS NSP $64.52 STEVEN PRIEM 12/30/2009 01/04/2010 KATH AUTO PARTS NSP $28.78 STEVEN PRIEM 12/31/2009 01/0412010 KATH AUTO PARTS NSP $25.58 STEVEN PRIEM 12/21/2009 12/22/2009 HILLYARD INC MINNEAPOLIS $838.53 MICHAEL REILLY 12/18/2009 12/21/2009 MICHAELS #2744 $22.45 AUDRA ROBBINS 12/18/2009 12/21/2009 PARTY CITY #768 $14.08 AUDRA ROBBINS 12/29/2009 12/30/2009 GRAND SLAM SPORTS $187.99 AUDRA ROBBINS 12/30/2009 12/31/2009 TARGET 00011858 $9.32 AUDRA ROBBINS 12/18/2009 12/21/2009 OFFICE DEPOT #1090 $110.90 DEB SCHMIDT 12/29/2009 12/3012009 T- MOBILE.COM *PAYMENT $32.77 DEB SCHMIDT 12/28/2009 12/30/2009 METROCALL /ARCH WIRE $16.03 SCOTT SCHULTZ 12/18/2009 12/21/2009 UNIFORMS UNLIMITED INC $102.26 MICHAEL SHORTREED 12/22/2009 12/23/2009 GO MINIS - MINNEAPOLIS $270.00 MICHAEL SHORTREED Packet Page Number 53 of 184 12/22/2009 12/2412009 IACIS $50.00 12/30/2009 12/3112009 GLORIAS JEWELRY $20.00 12/23/2009 12/24/2009 RON'S VIRTUE PRINTI $237.91 12/23/2009 12/24/2009 RAPID PACKAGING $168.58 12/21/2009 12/23/2009 DAVIS LOCK & SAFE $60.92 12/17/2009 12/21/2009 ST PAUL STAMP WORKS INC $63.03 12/23/2009 12/28/2009 METRO SALES INC $590.00 12/22/2009 12/23/2009 MENARDS 3059 $640.61 12/29/2009 12/30/2009 LITTLE CAESARS 1456 $27.86 12/30/2009 01/0412010 STRAUSS SKATE AND BICY $219.99 12/23/2009 12/24/2009 LISPS 26833800033400730 $14.16 12/28/2009 12/29/2009 MINUTEMAN PRESS $244.28 12/29/2009 12/30/2009 AE SIGN SYSTEMS $81.82 12/31/2009 01/04/2010 DALCO ENTERPRISES, INC $19.64 TOTAL $46,473.16 MICHAEL SHORTREED MICHAEL SHORTREED ANDREA SINDT ANDREA SINDT PAULINE STAPLES JOANNE M SVENDSEN JOANNE M SVENDSEN RONALD SVENDSEN JAMES TAYLOR JAMES TAYLOR KAREN WACHAL SUSAN ZWIEG SUSAN ZWIEG SUSAN ZWIEG Packet Page Number 54 of 184 Agenda Item G2 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Conditional Use Permit Review — Menards LOCATION: 2280 Maplewood Drive DATE: January 14, 2010 INTRODUCTION Project Description The conditional use permit (CUP) for Menards at 2280 Maplewood Drive is due for review. The city approved a revision to this permit to allow Menards to build a 16,750- square -foot unheated warehouse on the south side of the store. A screening fence on the east side of the property was also approved. BACKGROUND March 28, 1988: The city council approved Menards' CUP and granted a parking reduction authorization. January 23, February 13, March 27 and April 6, 1989: The council changed the CUP conditions. The changes were to clarify the screening fence and storage -rack height requirements. March 26, 1990: The council reviewed the CUP. November 14, 1994, and September 11, 1995: The council amended the CUP conditions. April 8, 1996: The council amended the CUP conditions because of a request for a seasonal outdoor greenhouse and plant sale operation. May 20, 1996: The council again reviewed the CUP and directed Menards, Citgo, staff and the neighbors to meet and discuss several issues raised by one of the neighbors. These issues were about the screening fence, engine noises, fumes, parking and cross traffic between Citgo and Menards. August 12, 1997: The council reviewed the CUP again. The previous concerns and problems have been resolved. The council moved to review the CUP again only if a problem develops. On March 27, 2006, the city council made three approvals for Menards. They included: 1. A conditional use permit (CUP) revision to enlarge the building and amend the site plan. The city code requires council approval of a CUP revision for an owner to expand or revise a store or site for which a CUP exists. 2. A parking - reduction authorization for 50 spaces. The code requires 451 spaces for the store. Menards is proposing to have 401 parking stalls. 3. The site and building design plans. Packet Page Number 55 of 184 February 26, 2007, the city council reviewed the CUP and agreed to review it again in one year. June 8, 2008, the city council reviewed the CUP and agreed to review it again in one year. January 26, 2009, the city council approved plans for Menards to build a 16,750- square -foot unheated warehouse on the south side of the store. A screening fence on the east side of the property was also approved. DISCUSSION Menards has completed its unheated warehouse and screening fence project. Staff is not aware of any major issues or problems at this site. As such, it is recommended the CUP be reviewed again in one year to ensure continued compliance with the conditions of approval. RECOMMENDATION Review the conditional use permit (CUP) for Menards at 2280 Maplewood Drive again in one year. p: sec9\m e n a rd s cup review_011410 Attachments: 1. Location Map 2. Property Line 1 Zoning Map 3. Site Plan 4. City council minutes, January 26, 2009 2 Packet Page Number 56 of 184 Z\ J / SEXTANT AVE P Q co GERVAIS AV DR COPE AVE COUNTY ROAD B GERVAIS AVE Location Map Menards 4 Packet Page Number 57 of 184 2280 Maplewood Drive Z\ N ........... ..... .. .. .. ..... K ", / Attachment 2 1 ........ .. ........ ... .. ........... ........ .. ........ ........ ........... mrr ----- - GERVAIS AVE 14 228D ri E- 7 71- 1 COUNTYROAD' 2 28 ..... ...... - - +11 At - cv - If Ll 2160 217() 22' - 1 li '.9." 2j5 2242 .. ......................... .......... ..... . LL B . ... .. .. ... L la-4 Zoning Map Menards 2280 Mapleu#ood Drive Packet Page Number 58 of 184 f If f ¥ f > 4, , f If f f 228D ri E- 7 71- 1 COUNTYROAD' 2 28 ..... ...... - - +11 At - cv - If Ll 2160 217() 22' - 1 li '.9." 2j5 2242 .. ......................... .......... ..... . LL B . ... .. .. ... L la-4 Zoning Map Menards 2280 Mapleu#ood Drive Packet Page Number 58 of 184 f 228D ri E- 7 71- 1 COUNTYROAD' 2 28 ..... ...... - - +11 At - cv - If Ll 2160 217() 22' - 1 li '.9." 2j5 2242 .. ......................... .......... ..... . LL B . ... .. .. ... L la-4 Zoning Map Menards 2280 Mapleu#ood Drive Packet Page Number 58 of 184 Attachment 3 49 X Jill z 0 > �` |�!| M z ■ I > | | | U) 0 z M 4 I.g tam M G") M z 0 :I S2 : 2 . . � � � �� � �� � \ § � | } | ||i§ I III �.00| | | |� ■| & ! |. || I I I I ;I -> Z 9 - 8 - 9 M |� | | || I si I I R im I n k} | | | | | | | || z | � �■ ■ |§ All! Packet Page Number 59 of 184 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, January 26, 2009 Council Chambers, City Hall Meeting No. 02 -09 L. NEW BUSINESS 2. Menard's Lumber - Storage Building Proposal, 2280 Maplewood Drive. Action Requested: a. Conditional Use Permit Revision b. Design Approval i. Planner, Mike Martin gave the presentation and answered questions of the council. ii. Civil Engineer 11, Steve Kummer answered questions of the council. iii. Thomas O'Neil, Menard, Inc. 4777 Menard Drive, Eau Claire, Wisconsin addressed and answered questions of the council. iv. Mark Olson, General Manager, Menards, 2280 Maplewood Drive, Maplewood addressed and answered questions of the council. Councilmember Rossbach moved to approve the Conditional Use Permit Resolution for Menards. Inc. at 2280 Maplewood Drive to add a 16.750 - sauare -foot unheated warehouse to the existing store. The city bases this approval on the findings required by the code. Approval of this CUP revision is subiect to the following conditions (additions are underlined and deletions are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION 09 -01 -122 WHEREAS, Scott Nuttelman, of Menards, Inc. is proposing changes to a site with an existing conditional use permit to build a 16,750 - square -foot warehouse addition on the south side of the building at 2280 Maplewood Drive. The legal description is: SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OFN30FTOF BLK 10 (PIN 09 -29 -22-43 -0042) WHEREAS, the history of this conditional use permit revision is as follows: 1. On November 18, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of Packet Page Number 60 of 184 Attachment 4 the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. On January 26, 2009, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Revision is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. Adherence to the site plan date- stamped October 1, 2008 MaFGh 8, 20 . The director of community development may approve minor changes. 2. Compliance with the following screening -fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: (1) The eight -foot -tall screening fence west of 1071 County Road B and running east -west behind 1071, 1081 and part of 1101 County Road B between the parking lot and the residential lots shall remain. Packet Page Number 61 of 184 Attachment 4 (2) All other screening fences that abut the residential lots and the new fences on the east and south sides of the property as shown on the site plan date - stamped October 1 2008 shall be 14 feet tall. (3) All screening fences shall be constructed of vertical boards of the same dimension, color and material except for the fence on the south side of the warehouse where horizontal boards may be used b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14- foot -tall fence. c. No more than 2 "l2 feet of the 17'12 -foot -tall interior storage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard, garden center and warehouse shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard and warehouse that is not needed for site security shall be turned off after business hours. 6. The city council shall review this permit revision in one year. 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. The proposed building addition and site work must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. The Maplewood City Council approved this resolution on January 26, 2009. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Packet Page Number 62 of 184 Attachment 4 Councilmember Rossbach moved to approve the plans date - stamped October 1, 2008, and the building elevations date - stamped October 1, 2008, for the 16,750- square -foot unheated warehouse addition to Menards at 2280 Maplewood Drive. Approval is subiec to the followina conditions: project. Repeat this review in two years if the city has not issued a building permit for this 2. Submit for staff approval, an elevation for the south side of the warehouse that shows a revised design plan for the screening fence and warehouse. This south elevation shall show the wooden, "fence" portion of this exterior wall matching the 14 -foot height of the proposed fencing on the east and west sides of the warehouse. The area above the wooden siding shall be green, corrugated metal as proposed on the building. 3. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineering department for approval. b. Submit to city staff a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 4. All work shall follow the approved plans. Planning staff may approve minor changes. Seconded by Councilmember Nephew. Ayes — All The motion passed. Packet Page Number 63 of 184 Agenda Item G3 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Conditional Use Permit Review —The Seasons at Maplewood (formerly Regent) LOCATION: Kennard Street and Legacy Parkway DATE: January 14, 2010 INTRODUCTION The conditional use permit (CUP) for the Seasons at Maplewood Senior Housing is due for its annual review. The Seasons at Maplewood used to be called The Regent at Legacy Village. BACKGROUND September 10, 2007: The council adopted a resolution approving plans date - stamped August 20, 2007 for the revision to the previously- approved PUD concept plan allowing the Regent at Legacy Village senior building to increase the number of units from 120 to 150. This PUD revision also allowed the reduction in the square -foot area of the intensive -care units from 580 square feet to 382 square feet. Approval was based on the findings required by Resolution 07- 08 -161 (attached) passed at that meeting. January 26, 2009: The city council reviewed the CUP and agreed to review it again in one year. DISCUSSION The Seasons at Maplewood Senior Housing project is under construction and is in compliance with the conditions of approval. The city council should review this CUP in one year to check progress and compliance with the conditions of approval. RECOMMENDATION Review the conditional use permit for the Seasons at Maplewood in one year. pAsec3\Legacy Village \Seasons Snrs CUP REV_011410 Attachments 1. Council Minutes for September 10, 2007 2. Location /Zoning Map Packet Page Number 64 of 184 Attachment 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, September 10, 2007 Council Chambers, City Hall Meeting No. 07 -16 1. The Regents Senior Housing Development (Kennard Street and Legacy Parkway) a. Planned Unit Development (PUD) Revisions b. Parking Reduction Authorization C. Design Approval 1. Senior Planner, Tom Ekstrand presented the report 2. Frank James, General Counsel for Hartford Group, 7900 Xerxes Avenue South, Suite 1300, Bloomington, addressed and answered questions of the council. 3. Patrick Sarver, ASLA, Director of Development for the Hartford Group, 7900 Xerxes Avenue South, Suite 1300, Bloomington, addressed and answered questions of the council. 4. Maplewood Fire Chief, Steve Lukin answered questions of the council. 5. Planning Commissioner, Tushar Desai gave the Planning Commission report. 6. Community Design Review Board member, Matt Wise gave the Community Design Review Board report. 7. Carolyn Peterson, 1801 Gervais Avenue, #301, Maplewood, addressed the council. She spoke about the needs she would be looking for in independent and assisted living. Councilmember Cave moved to adopt the attached resolution to approve plans date - stamped Auaust 20. 2007 for the revision to the previously- approved PUD concept plan allowing the Regent at Legacy Village senior building to increase the number of units from 120 to 150. This PUD revision also allows the reduction in the square -foot area of the intensive -care units from 580 square feet to 382 488 square feet. Approval is based on the findinas reauired by ordinance and because of the following reasons PLANNED UNIT DEVELOPMENT REVISION RESOLUTION 07 -08 -161 WHEREAS, The Hartford Group applied for a revision to the planned unit development (PUD) for The Regent, the senior's housing complex at Legacy Village of Maplewood. The proposed PUD revision was to increase the previously- approved density from 120 to 150 multi - family units. This PUD revision also includes a reduction in unit size for the 15 intensive -care and 15 VA Packet Page Number 65 of 184 memory -care units from 584 square feet to 382 square feet. WHEREAS, this permit applies to the three -acre site in Legacy Village lying southeast of the intersection of Kennard Street and Legacy Parkway. Drive. The legal description is: Lot 1, Block 3 of Legacy Village of Maplewood. WHEREAS, the history of this conditional use permit is as follows: On August 21, 2007, the planning commission held a public hearing to review these requests. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. 2. The city council reviewed this proposal and considered the planning commission's recommendation on September 10, 2007. The council also considered reports and recommendations of the city staff and those in attendance. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described PUD revision based on plans date - stamped August 20, 2007 because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. Packet Page Number 66 of 184 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The proposed built -out density of the entire Legacy Village PUD will be less than that originally approved by 26 units. 11. The affect on the sit itself should not cause an overcrowding problem since the residents on the site would not generate the quantity of traffic a typical multi- family development would. 12. The minimum floor -area requirement of 580 square feet was intended for typical "efficiency" apartments. The proposed unit sizes should suffice in this instance since they are for persons with limited mobility that need medical assistance. The Maplewood City Council approved this resolution on September 10, 2007. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmembers Cave, Juenemann Nays — Councilmembers Hjelle, Rossbach Councilmember Cave moved approval of a parking waiver to provide 100 underground and 45 on -grade parking spaces rather than the 300 required by ordinance. Approval is because the proposed senior housing complex would not generate the amount of traffic associated with typical multi- family uses. This parking reduction of 155 spaces is subject to the requirements of city ordinance should the use of the building be proposed for a change to a higher traffic- Packet Page Number 67 of 184 generating use. The three parking spaces in the circular driveway area shall be omitted. Staff shall work with the applicant to further reduce the surface parking St aff l er mine whetheF the hal also det to maximize preen space an the site �t�,- �- a,�Q -a�� a r e not they droll be nevitted. (changes are in underlined and deletions are stricken.) Seconded by Mayor Longrie. Ayes - AlI Mayor Longrie asked the applicant if the project would use union labor. The applicant was unsure. Councilmember Cave moved to approve the revised plans date- stamped August 20, 2007, for the Regent at Legacy Village. Approval is subiect to the applicant doing the following: Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall revise the plans or do the following for staff approval: Enter into a cross - easement agreement with the city for the shared parking spaces for the use of the city's abutting sculpture park. This agreement shall be prepared by the city attorney and shall require that the developer of the senior complex be responsible for driveway maintenance and snowplowing. This agreement shall be subject to the requirements of the director of public works. • Provide the city with cash escrow or an irrevocable letter of credit for the exterior landscaping and site improvements. • Meet all requirements of the engineering report by Jon Jarosch dated July 5, 2007. • Meet all requirements of the fire marshal and building official. • Provide engineered plans to the building official for all retaining walls that exceed four feet in height as measured from the bottom of the footing. All retaining walls that are four feet tall or taller shall have a protective fence or guardrail on top. 5 Packet Page Number 68 of 184 • Provide a site and design plan for the screening of any trash and recycling containers if they would be kept outside. Should a trash enclosure area be proposed in the future, it shall not be placed in any parking space. • Provide a screening plan for any exterior utility meters, if there would be outside meters, subject to the requirements of the community design review board. • Provide sidewalks to the existing trails and public sidewalks as required by the original PUD approval. The location of these sidewalks is dependent upon the location of exits from the building. 3. Before getting a certificate of occupancy, the applicant shall: • Comply with or complete all aspects of these plans or any required revisions. • Provide in- ground lawn irrigation as shown on the plans. • Install traffic and address signs, subject to staff approval. • Install wetland- protection buffer signs around the west side of the abutting wetland area. 4. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. 5. The six Sculpture Park parking spaces shall be signed accordingly subject to staff approval. 6. The horizontal -lap siding on the building exterior shall be the cementious Hardi Board product. The proposed vinyl siding is not allowed. Seconded by Mayor Longrie. Ayes - All Packet Page Number 69 of 184 Attachment 2 7 Packet Page Number 70 of 184 — ----------- - - - - - - - -r - - - LOCATION MAP Agenda Item G4 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Feed Products North — Conditional Use Permit Review LOCATION: West of 1300 McKnight Road DATE: January 15, 2010 INTRODUCTION The conditional use permit (CUP) for the Feed Products North office building west of 1300 McKnight Road is due for its annual review. This CUP allowed the applicant, John Fallin, to build a 5,800- square -foot, two -story office building for his business. The city ordinance required a CUP because the proposed office was within 350 feet of residential property. BACKGROUND January 26, 2009: The city council approved the CUP for this office building proposal. The council also approved the design plans and a lot division to split the office site from the main part of the Feed Products property. Refer to the minutes. DISCUSSION Mr. Fallin is reevaluating his plans for the office building, but still would like to keep this CUP active in hopes of moving forward with his plans to build. He, therefore, requests that the city council approved this annual CUP review and keep this approval in place for another year. The city ordinance allows CUPs to be extended for a second year, but after that time it would terminate. Mr. Fallin, therefore, would need to have a building permit in hand by January 26, 2011 or this CUP will end. Review the conditional use permit for the Feed Products North office building in one year. If the applicant has not received a building permit by that time, the permit would terminate according to city ordinance. p:sec24 -29 \Feed Products annual CUP review 1 10 to Attachments: 1. Location Map 2. Site /Landscaping Plan 3. Building Elevations 4. January 26, 2009 City Council Minutes Packet Page Number 71 of 184 Attachment 1 4�'/ LN. 131"D AM BUSH AVF- 7th ST. 7' Zh ST. Y IL WNNDKHA --- --r- AVE. Attachment 2 _`_~ La b" ovum= 1 11 Ji Jill, 14 NO CK CD 3 If 0 log -INBINN= MIN bUS Pak 00 fix CL 21 1 Ca ji Ji b t Packet Page Number 73 of 184 Attachment 3 1 1111111 11111i ILI I rJ g a� - --- ------- ------ c-_ MA CC> RD C-D ' ;, I A I NK w 9 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, January 26, 2009 Council Chambers, City Hall Meeting No. 02 -09 L. NEW BUSINESS Feed Products North Office Building Proposal, 1340 McKnight Road. Action Requested: a. Conditional Use Permit to Build an Office Building Next to Residential Property b. Lot Division C. Design Approval i. Senior Planner, Tom Ekstrand gave the presentation. ii. Assistant Public Works Director, Michael Thompson answered questions of the council. iii. Acting City Manager, Public Works Director, Chuck AN answered questions of the council. iv. John Fallin, Owner of Feed Products North, 1300 McKnight Road North, Maplewood addressed and answered questions of the council. V. Bob Moser, Moser Homes addressed and answered questions of the council. vi. Harland Hess, Planning Commissioner, gave the report for the Planning Commission. Mayor Longrie asked if anyone wanted to speak regarding this proposal. 1. Lyle Puppe, 2531 Nokomis Avenue, St. Paul. 2. Gene Stepaniak, 2249 Tilsen Avenue, St. Paul. Councilmember Nephew moved to approve the Conditional Use Permit Resolution for Feed Products North office building, located at 1300 McKnight Road. This permit allows the construction of an office building on land zoned M1(light manufacturing) within 350 feet of residential property. CONDITIONAL USE PERMIT RESOLUTION 09 -01 -121 WHEREAS, John Fallin, owner of Feed Products North, applied for a conditional use permit to build an office building on property zoned M1 (light manufacturing) located within 350 feet of residentially -zoned property. WHEREAS, Section 44- 637(b) of the city ordinances require a conditional use permit for a building in a M1 district closer than 350 feet to residential property. The proposed building would be on a lot abutting residential property. WHEREAS, this permit applies to the property located east of 1300 McKnight Road. The legal description is: That part of the West Half of the Southwest Quarter of said Section 24, Township 29, Range 22, Ramsey County, Minnesota bounded as follows: January 26, 2009 Packet Page Number 76 of 184 1 City Council Meeting Minutes On the North by a line drawn parallel with and distant 95 feet Southeasterly, as measured at right angles, from the center line of the main track of said railway company, as now located and established; on the West by the East line of the West 66 feet of the Southwest Quarter of Said Section 24 to a point on the West line of said Section 24 which is distant 450 feet South of the Southerly line of the 100 foot right of way of said railway company, said Southerly line being a line drawn parallel with and 56 feet Southeasterly as measured at right angles, from the center line of the main track of said railway company as originally located and established, and on the East by the East line of the Northwest Quarter of the Southwest Quarter of Section 24; excepting therefrom that part that lies Northwesterly of a line drawn parallel with and distant 8.5 feet Southeasterly, as measured at right angles from the center line of the most Southerly side track I.C.C. No. 114 of said railway company, as now located and established all in the County of Ramsey, State of Minnesota. EXCEPT that part of said West Half of the Southwest Quarter of said Section 24, lying easterly of the centerline of the 99 foot wide road easement as described in document No. 2325930. WHEREAS, the history of this conditional use permit is as follows: 1. On January 6, 2009, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On January 26, 2009, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. January 26, 2009 Packet Page Number 77 of 184 2 City Council Meeting Minutes Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval. The city council may extend this permit one additional year. 3. The city council shall review this permit in one year. After two years the permit shall end unless construction has started. 4. Compliance with conditions in the report by Steve Kummer, Maplewood Staff Engineer, dated December 2, 2008. The site plan shall be revised, as shown to the commission at the public hearing, with a retaining wall along the east side of the parking lot near Lakewood Drive. The retaining wall and site grades shall be subject to the approval of the city's engineering department. 5. Compliance with conditions in the report by Ginny Gaynor, Open Space Naturalist with the city, in her report dated November 26, 2008. 6. Compliance with conditions in the report by Shann Finwall, Environmental Planner with the city, dated December 26, 2008. 7. Provide wetland- protection signs along the wetland buffer as required by ordinance. The number and placement of these signs shall be determined by the environmental planner. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland. 8. To develop this site adjacent to residential property, the applicant shall provide a screening buffer that is at least six - feet -tall and 80 percent opaque upon installation. This buffer may be comprised of evergreen trees or a decorative wood fence. Such screening shall be subject to staff approval. The Maplewood City Council passed this resolution on January 26, 2009. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Councilmember Hjelle moved to approve the lot split to separate the office site from the main part of the applicant's property located at 1300 McKnight Road, subiect to the property owner dedicating cross easements on the west property that cover the utilities (sanitary and storm) which serve the lot east of Lakewood Drive. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Councilmember Hjelle moved to approve the plans date - stamped November 4, 2008, for the proposed Feed Products North office building. Approval is based on the findings for approval required by ordinance and subiect to the developer doing the following: 1. Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2. Obtain a conditional use permit from the city council for the proposed office building. January 26, 2009 Packet Page Number 78 of 184 3 City Council Meeting Minutes 3. Comply with the requirements of Shann Finwall in her report dated December 26, 2008. 4. Comply with the requirements of the engineering report by Steve Kummer dated December 2, 2008. The site plan shall be revised, as shown to the commission at the public hearing, with a retaining wall along the east side of the parking lot near Lakewood Drive. The retaining wall and site grades shall be subject to the approval of the city's engineering department. Comply with the requirements of Ginny Gaynor in her report dated November 26, 2008. 5. Take into account the suggestions by Lieutenant Michael Shortreed as stated in this report. 6. Revise the site plan to provide a 15 -foot parking lot setback from the Lakewood Drive right -of- way line. If a 15 -foot setback cannot be provided, the applicant must apply for a setback variance. 7. Any retaining walls over four -feet -tall shall be designed by a structural engineer and have a protective guard rail or fence on top. 8. The applicant shall install in- ground lawn irrigation in formal landscaped areas. 9. The landscaping plan shall be revised to include the following: a. A six - foot -tall and 80 percent opaque buffer along the south side of the property to screen the area between both parking lots and the connecting drive aisle. This screen shall be comprised of evergreen trees or a decorative wood fence. b. Five over -story trees along the east side of the east parking lot. The three evergreens can be deleted. c. Four ornamental deciduous trees on the west side of the proposed building. d. Additional landscaping in the "front yard" in front of the building's main entrance (easterly side), subject to staff approval. 10. Obtain any necessary permits from the Ramsey /Washington Metro Watershed District. 11. All work shall follow the approved plans. The city planner may approve minor changes. 12. All pole- mounted site lights shall comply with the 25 -foot height maximum. The site lighting plan shall be redesigned so that the light intensity does not exceed .4 foot - candles at the property lines. All lighting fixtures shall be designed so lenses and bulbs are recessed or shielded to avoid nuisance complaints. All site lights are required to shine inward toward the site and not toward any residential neighbors. 13. If outdoor trash storage is used, such containers must be kept in a screening enclosure. The design and placement of the enclosure shall be subject to staff approval. 14. Before obtaining a building permit, the applicant shall provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvements. An irrevocable letter of credit shall include the following provisions: a. The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer's agreement. January 26, 2009 Packet Page Number 79 of 184 4 City Council Meeting Minutes b. The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. c. The letter of credit shall be for a one -year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. Seconded by Councilmember Juenemann. Ayes — Mayor Longrie, Councilmember Hjelle, Juenemann & Nephew Nom Councilmember Rossbach The motion passed. January 26, 2009 Packet Page Number 80 of 184 5 City Council Meeting Minutes Agenda G5 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: January 13, 2010 SUBJECT: Temporary Gambling Permit Resolution and Waive Permit Fees for Carver Elementary School r2=4 SM"6 An application has been submitted for a temporary gambling permit by Christine Kass on behalf of Carver Elementary School, 2680 Upper Afton Road. This is for a raffle to be held as part of their annual school carnival event. The event will be held on Saturday, April 24, 2010 from 10:00 a.m. to 2:00 p.m. As part of the fundraiser, a one -time event permit for $225.00 and a temporary food sales permit for $55.00 have also been applied for. The organizer of the event is requesting the fees for these permits be waived. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required: BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Carver Elementary School, 2680 Upper Afton Road, Maplewood. 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. It is further recommended that the Council approve the fees be waived for a one -time event permit $225.00 and for a temporary food sales permit $55.00. Packet Page Number 81 of 184 Agenda Item G6 TO: City Council FROM: Chuck Bethel, City Attorney SUBJECT: Approval of 2010 Contract between City of Maplewood and Financial Concepts, Inc. (FCI) DATE: January 12, 2010 INTRODUCTION/SUMMARY FCI provided the City of Maplewood with insurance broker services last year at a cost of approximately $76,000.00. They are paid directly by Medica through insurance premiums paid by the City and the employees. They worked closely with Terrie Rameaux and I and the Labor Management Insurance Committee to represent the City and Committee's interests in securing competitive bids and successfully bringing insurance costs down. They have a demonstrated track record of responsiveness, professionalism and attention to detail and have provided excellent customer service to the City. Additionally, due to financial constraints currently experienced at the City, we asked for and received a substantial discount in the cost of services for 2010. For 2010, FCI will provide the same services provided in 2009 for $45,000.00, a reduction of approximately $31,000.00. The contract is provided for approval and execution as part of this agenda item. RECOMMENDED ACTION It is recommended that the contract with Financial Concepts, Inc. for the year 2010 be approved. Attachment: 1. 2010 Contract between City of Maplewood and Financial Concepts, Inc. Packet Page Number 82 of 184 Agenda Item G6 Attachment 1 FINANCI c o n c e p AL -14,'Fi� COMPANY Benefits A L � Retirement t S Investments 763.45 9655 Schmidt Lake Rwid Fall tree 800.693.1175 Plyll)(10th, Whilliesota 55442 Fa, 763,450,1801 � iVWWS6-b('11C1'i1S.Con1 Planning Beyond Tomoi-row"I January 4, 201 Terrie Rameaux City of Maplewood 1830 county Rd B East Maplewood, MN 55109 Dear Terrie: The following outlines the services Financial Concepts, Inc. (FCI) will provide to the City of Maplewood relative to your employee benefit plans (e.g., health, dental & cobra) for the period of January 1, 201 through December 31, 201 Financial Concepts, Inc. provides financial consulting and support to assist the City of Maplewood with development of a strategic benefits plan, including: • Perform separate analysis of each employee benefit plan to determine efficiency and integration. • Review insurance plan designs and claims experience, as needed, for each benefit. • Analyze competitiveness of plan positioning, taking into account plan design, employee choice, and both employer and employee costs. • Recommend plan design and financial funding alternatives based on analysis and strategic objectives. • Assist in preparation of budget projections. • Work with the City of Maplewood to establish a renewal strategy encompassing all the components of a cost effective, high quality benefit plan for the upcoming, and future, benefit renewals. Financial Concepts, Inc. provides compliance services that are critical to managing your benefit plans, including: Assist Human Resources staff with compliance related issues through training seminars, newsletters and correspondence. Review industry, legislative and regulatory developments and consultative recommendations relating to employee benefits. Packet Page Number 83 of 184 Agenda Item G6 Attachment 1 Benefits FINANCIAL I Reth-ement c o n c e p t s Jnvestments Provide consultation on employee relations issues, as needed. Grant access to FCI's online human resources library of explanations and analysis of laws, trends and developments in benefits and related areas. Offer ten hours of legal services annually with an attorney named by FCL Renewal and Plan Service Financial Concepts, Inc. provides full carrier management services critical to the renewal process and maintenance of your benefit plans. It is our understanding that the objective is to provide a high level of benefits to the City of Maplewood and to keep these benefits within current and future budgets. FCI employs our proprietary benefits management process to help the City of Maplewood anticipate cost increases and proactively implement cost containment measures, including: • Negotiate with each carrier on renewals. • Manage the proposal process to ensure competitive programs and pricing. • Recommend plan design alternatives to best manage costs and offer a competitive benefits package for employees. • Secure attractive financial alternatives. • Negotiate rate guarantees and caps with the carriers, if available. • Resolve escalated and non-standard carrier issues, including assistance with irreconcilable claims, enrollment and billing concerns. • Improve access to claims reporting through our Decision Master Report powered by Zywave once a year, as needed. Employee Communication Financial Concepts, Inc. provides assistance to the City of Maplewood in designing and delivering an employee communications strategy that aligns with your strategic benefit initiatives. Deliverables may include: • Conduct/review employee surveys to provide objective and subjective feedback to management, if applicable. • Develop and continuously review effective communication methods to educate the City of Maplewood's employees on their benefits package and the strategic benefit objectives, • Conduct employee education meetings related to the City of Maplewood's health & welfare benefits. Packet Page Number 84 of 184 Agenda Item G6 Attachment 1 Benefits F I NANCIAL I Refirement c o n c e p t s Investmews The City of Maplewood Support Financial Concepts, Inc. may require the assistance of the City of Maplewood personnel, including: Management's input on the City of Maplewood's strategic benefit objectives — short-, mid- and long-term. Qk Direction on management objectives related to the adoption of the various plans. Communications strategy input and support. Support in obtaining benefit plan claims data. Confidential census information for renewal purposes. Service Agreement Financial Concepts Inc. will receive compensation based on their services, for the health and welfare plans, in the amount of $45,000, beginning January 1, 2010 through December 31, 2010. This amount is paid by the product vendors on a monthly basis. The City of Maplewood and Financial Concepts will review the fee annually to determine if any adjustments need to be made for the upcoming benefits plan year. City of Maplewood agrees that Financial Concepts, Inc., will remain the broker of record with all vendors for the entire contract period between City of Maplewood and said vendors. If for some reason, other than Cause, Financial Concepts, Inc. is not the broker of record with the vendors, we agree to pay Financial Concepts, Inc. for the balance of the compensation not yet received through the vendors for the contract period. Either party may terminate this agreement with 30 days advance written notice delivered to the party with "Cause". Cause shall be defined as (i) the failure to perform any material term of this Agreement, or (ii) material dishonesty in the performance of services under this Agreement. The parties hereby acknowledge that the services described above, which are provided by Financial Concepts, Inc. under the letter agreement, "do not relate to an employee benefit plan" in the context of Section 514 of ERISA. As a subsidiary of National Financial Partners Corp. ("W"), we are a member of a financial services network containing approximately 200 owned firms and approximately 300 affiliated firms. Firms within the NFP network engage in one or more of its primary lines of business, which include corporate and executive benefits and property and casualty insurance brokerage. Firms are compensated through fee and commissions for services provided to clients in each of Packet Page Number 85 of 184 Agenda Item G6 Attachment 1 F1 NAN CIA L �Rcfirenient c o n c e p t s investments these lines of business. In addition to the standard commissions received for the services provided to you, we or our affiliates may earn additional compensation for our role in providing certain products and services to you under separate contracts with insurance companies and group benefits providers. Insurance companies and group benefits providers may pay us or our affiliate's contingent compensation upon satisfaction of factors such as volume, persistency or profitability of the business placed with such insurance company or group benefits provider. In addition, such product and service providers may pay us or our affiliates fixed amounts related to the support of NFP company conferences, conventions and other marketing efforts. If the foregoing is in accordance with your understanding, please sign and return to us the duplicate copy of this letter. yours, Accepted By: r9/es R. Sarych, Principal ancial Concepts, Inc. Packet Page Number 86 of 184 AGENDA ITEM G7 DATE: January 12, 2010 TO: Jim Antonen, City Manager FROM: Terrie Rameaux, Human Resource Coordinator SUBJECT: 2010 Pay Rates for Temporary /Seasonal, Casual Part -Time and Paid - Per -Call Employees Please forward the attached resolution to the City Council for approval. I recommend this resolution be adopted to replace the existing resolution establishing pay rates for temporary, seasonal, casual part -time and paid - per -call employees. The only change to the resolution is a 3% cost of living adjustment (COLA) to the "per run" pay rates for the paid- per -call firefighters. This COLA is also consistent with the 2010 COLA for the City's various collective bargaining groups. • �! o r k i - Adoption of the attached resolution is recommended. Attachment: 1. Resolution for Temporary /Seasonal, Casual P/T and Paid - Per -Call Firefighter Packet Page Number 87 of 184 Agenda Item G7 Attachment 1 RESOLUTION WHEREAS, according to the Minnesota Public Employees Labor Relations act, part - time employees who do not work more than 14 hour per week and temporary /seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full -time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary /seasonal, casual part -time (14 hours or fewer /wk) and paid - per -call employees effective January 1, 2010 upon Council approval. Accountant Accounting Technician Administrative Assistant Background Investigator Building Inspector Building Attendant Customer Service Assistant CSO Data Entry Operator Election Judge Election Judge - Assistant Chair Election Precinct Chair Engineering Aide Engineering Technician Fire Department Custodian Firefighter -Paid- Per -Call $10.00 -30.00 $9.00 -22.00 $9.00 -23.00 $25.00 -35.00 $14.00 -35.00 $7.25 -15.00 $7.25 -15.00 $8.00 -16.00 $8.00 -12.00 $7.25 -12.00 $9.00 -15.00 $9.00 -16.00 $7.00 -16.00 $10.00 -16.00 $600 -690 $9.55, $11.95, $16.73 Firefighter - Paid -Per -Call - Paramedic Call Pay Intern IT Technician Laborer Lifeguard Manager -on -Duty Differential Office Specialist Paramedic Receptionist Recreation Instructor /Leader Recreation Official Recreation Worker Theater Technician Vehicle Technician Video Coordinator* Video Technician* Water Safety Instructor (WSI) WSI & Head Lifeguard Differential (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) $18.00 $33.45 $7.25 -20.00 $15.00 -20.00 $7.25 -14.00 $7.25 -14.00 $1.00 $8.50 -18.00 $17.00 -22.00 $8.00 -16.00 $7.25 -32.00 $7.25 -30.00 $7.25 -18.00 $20.00 -30.00 $9.00 -15.00 $11.00 -19.00 $10.00 -18.00 $7.50 -16.00 $1.00 per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per quarter per run per drill per run per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Packet Page Number 88 of 184 Agenda Item G8 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director SUBJECT: White Bear Avenue Improvements, City Project 08 -13, Resolution Granting Permanent Highway Easement to Ramsey County DATE: January 19, 2010 INTRODUCTION The council will consider dedicating a permanent highway easement to Ramsey County for property at the southwest corner of the intersection of White Bear Avenue and Beam Avenue. BACKGROUND White Bear Avenue and Beam Avenue are maintained by Ramsey County. White Bear Avenue and a portion of Beam Avenue in this location are being reconstructed in 2010. Before improvements can begin this action is needed in order for Ramsey County to secure all necessary rights of way to complete the roadway and utility improvements. The easement area is depicted in the attachment and is already currently used as public right -of -way. In essence there would be no change other than recording an easement against this property owned by the City. BUDGET IMPACT There is no impact to the overall project budget. The easement would be sold to the County for $1.00. RECOMMENDATION It is recommended that the city council grant the subject easement to Ramsey County in the amount of $1.00 and authorize the Mayor and City Manager to execute the easement document. Attachments: 1. Highway Easement 2. Exhibit A 3. Exhibit B Packet Page Number 89 of 184 Agenda Item G8 Attachment 1 PERMANENT HIGHWAY EASEMENT The undersigned GRANTOR, for and in consideration of one and 00 /100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to Ramsey County, a Governmental Subdivision of the State of Minnesota, GRANTEE, its successors and assigns, a perpetual easement for highway and utility purposes over, under and across the follow =ing described property located in the County of Ramsey, State of Minnesota, to -wit: PERMANENT EASEMENT DESCRIPTION See Exhibits "A" and "B" attached hereto and by this reference made a part thereof. A perpetual easement for public highway purposes with the right to enter upon the real estate designated as the Permanent Highway Easement depicted by drawing on Exhibit "A" and legally described on Exhibit `B" at any time the GRANTEE may see fit, for the purpose of constructing, reconstructing, operating, maintaining, and/or repairing said highway and utility appurtenances on, over, across, through and under the easement; including but not limited to pavement, boulevards, paths /sidewalks, pipes, signage, signals, structures, excavations, embankments, poles, lines, equipment, and any other items related to highway and utility functions. GRANTEE has further right to remove trees, bushes, undergrowth, and other features within the said easement area which may interfere with highway and utility functions. Parcel No. 3A -- Page I of 2 Packet Page Number 90 of 184 Agenda Item G8 Attachment 1 IN WITNESS WHEREOF, GRANTOR has executed this easement as of the 200 GRANTOR(s): By: (print name below signature line) Its: By: day of (print name below signature line) Its: ACKNOWLEDGEMENT STATE OF MINNESOTA } ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this by NOTARY PUBLIC Grantors. 200_, This instrument was drafted by: S.P. 62- 665 -48 Parcel No.3A Ramsey County Public Works Permanent Highway Easement 1425 Paul Kirkwold Drive PID No.NA Arden Hills, MN 55112 -3933 Street Address NA day of Parcel No. 3A -- Page 2 of 2 Packet Page Number 91 of 184 Agenda Item G8 Attachment 2 ......... LEGEND PERMANENT EASEMENT 0} Lj E PARCEL° VAL OLIN LIMITS LLJ I a .. _ I I 3 Ln2r EXISTING� � I ____ Y ; .• fir � I� �r��-`_ .......� ¢¢SIGN t �3 KIM � .....rr,� t T �1 1 CRt ry x .,:'..=...R EXISTING R _ ra C,, EXISTING R 19+00 wr ..... `...-,, 51 ._ r _ .._ ._„n., j, TEPE--- ........... EXHIBIT A MAPLEWOOD CITY PROJECT 08-1:3 RAM EY COUNTY CONTRACT NO. P-3202 STATE AID PROJECT NO 82-868-48 R zANISaY COUrr 0 L5 50 � � y HOWONTAL CITY aha t o ,W o RCEL SCALE .N. FEEF.. Agenda Item G8 Attachment 3 EXHIBIT B PARCEL 3A EASEMENT DECLARATION That part of the Following described parcel: The North 102 feet of the South 172 feet of the North 205 feet of that part of the Southwest Quarter of Section 2, Township 29, Range 22, lying westerly of the 49.50 foot parcel of land described in Document Number 1813704, Ramsey County Records, except the West 1,685 feet thereof; Lying northerly, northeasterly and northerly of the following described line: Beginning at the intersection of the South line of the North 135 feet of said Southwest Quarter with the westerly line of said 49.50 foot parcel of land described in Document Number 1813704, Ramsey County Records; thence South 89 degrees 54 minutes 45 seconds West along said South line of the North 135 feet of said Southwest Quarter to the East line of the West 1,825 feet of said Southwest Quarter; thence North 27 degrees 09 minutes 27 seconds West, 70.75 feet to the South line of the North 72 feet of said Southwest Quarter; thence South 89 degrees 54 minutes 45 seconds West along said South line of the North 72 feet of said Southwest Quarter 108.00 feet to the East line of the West 1,685 feet of said Southwest Quarter, and there terminating. Packet Page Number 93 of 184 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: 2010 Animal Control Contract Date: January 19, 2010 Introduction Agenda #G -9 City Council approval is required to award the 2010 contract for animal control services. Background For the past several years, the City of Maplewood has contracted with Animal Control Services for providing animal control services. These services include answering calls for service, impounding stray animals, investigating cases of animal abuse /neglect, following up on dog /cat and kennel licenses, investigating cases involving dangerous dogs, and education programs for pet owners. Animal Control Services has always provided reliable, professional service and shown that they are willing to work with the City to continue to provide the best service possible. The only changes from the 2009 contract are a slight increase in the hourly patrol fees and a change in the hours of service coverage according to season, a slight increase in the hourly call -out fees, and the fuel surcharge if fuel prices increase beyond $3.15 per gallon. The information from the 2009 contract vs. the 2010 contract is as follows: 2009 Patrol -15 hours per week 8 a.m. -6 p.m. Callout -6 p.m. -10 p.m. Monday- Friday (except holidays) Callout -10 p.m. -8 a.m. Monday- Friday (except holidays) Callout -10 p.m. Friday -8 a.m. Monday (and holidays) Animal -Owner Charges - Claimed: Administrative Handling Fee Daily Boarding Fee Statutory Veterinary Services Animal -City Charges - Unclaimed: Animal Surrender Fee Daily Boarding Fee Euthanasia & Disposition Statutory Veterinary Services 2010 Patrol -15 hours per week 8 a.m. -4 p.m. (October- March) Patrol -15 hours per week 10 a.m. -6 p.m. (April- September) Callout -6 p.m. -10 p.m. Monday- Friday (except holidays) Callout -10 p.m. -8 a.m. Monday- Friday (except holidays) Callout -10 p.m. Friday -8 a.m. Monday (and holidays) $32.00 (Per Hour) $51.00 (Per Hour) $73.00 (Per. Hour) $73.00 (Per Hour) $42.00 $18.00 At Cost $25.00 $17.00 $58.00 At Cost $33.00 (Per Hour) $33.00 (Per Hour) $53.00 (Per Hour) $74.00 (Per Hour) $74.00 (Per Hour) Packet Page Number 94 of 184 There are no changes to the animal owner charges (claimed) and city charges (unclaimed) from last year. This contract has been reviewed by the City Attorney. Recommendation It is recommended that the City Council accept the 2010 contract from Animal Control Services. Action Required Submit to the City Council for review and action. DJT:js Attachment Packet Page Number 95 of 184 ANIMAL CONTROL CONTRACT This Agreement, made effective the first day of January, 2010, by and between Animal Control Services, hereinafter referred to as "ACS," and the City of Maplewood, a municipal corporation, located in the County of Ramsey, State of Minnesota, hereinafter referred to as the "City ". In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by and between the parties, hereto, as follows: 1. This agreement will continue in effect until December 31, 2010, unless tenninated as provided herein. 2. ACS will provide Patrol services on the public streets of the City, in a vehicle suitable for the transportation of small animals, in accordance with City Ordinances and a schedule agreed upon by both parties. The vehicle shall have proper identification displayed at all times. ACS shall maintain and insure such vehicles at all times. In addition to patrol hours, ACS agrees to maintain at least one vehicle for Call Out service to attend to cases outside regular patrol hours at the specific request of a law enforcement agency as approved by the City. 3. ACS shall provide competent personnel, trained in the handling of animals, in proper uniform and identification including employee's first name and/or employee number. 4. The City authorizes ACS to apprehend and retain dogs, cats, and other animals, and/or issue citation tags for violations of the City Ordinances related to animals. ACS will not take action on private property contrary to the expressed wishes of the owner of said property, nor forcibly take an animal from any person, without the instruction, approval, and assistance of a duly licensed Minnesota Peace Officer with current jurisdiction that includes the private property where the animal is located. 5. ACS shall impound and board animals as directed by written order of an authorized City representative, or by ruling of the Minnesota Board of Health or other Minnesota or United States agency with jurisdiction. 6. Impounded animals shall be checked for identification as required by Minnesota Statutes Chapter 346 and kept at Hillcrest Animal Hospital, 1320 County Road D Cir Maplewood, MN 55109, (651) 484 -7211, in a suitable, humane manner for the period specified in paragraph 9. ACS may temporarily board at an emergency facility if access and /or treatment is not immediately available at Hillcrest Animal Hospital. 7. If an animal is unclaimed, the City will pay ACS the charges as agreed to on Exhibit One to this Agreement within thirty days of the Statement Date. Before an animal is released to its owner, ACS or its agent shall collect the charges specified on Exhibit One to this Agreement. Packet Page Number 96 of 184 9. In the event that any dogs, cats, or other impounded animals are unclaimed after the expiration of any applicable redemption or quarantine period, or six (6) days, whichever is longer, they shall become the property of ACS and may be disposed of or sold at its sole discretion. All proceeds from the disposition of such animals shall be the sole property of ACS, including any proceeds received from any animals disposed of in accordance with Minnesota Statutes 35.71. 10. The City shall furnish to ACS any required forms or receipts and ACS shall keep records of all animals impounded. 11. ACS shall defend, indemnify, and hold the City harmless including its officers, employees or agents from any and all claims, lawsuits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death, and property damage, including injury to animals caused by its employees. ACS shall provide the City proof of commercial general liability insurance and comprehensive automobile liability in an amount of at least $500,000.00 per occurrence. ACS shall carry, and upon request of the City provide proof of Workers Compensation Insurance coverage required by Minnesota law. 12. ACS shall comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality, and shall hold the City and its employees harmless from any claims resulting from any improper disclosure or use of data it receives or maintains in performance of this Agreement. ACS shall immediately report to the City any requests from third parties for information relating to its performance of this Agreement. 13. ACS agrees to promptly respond to inquiries for information or documentation from the City related to its performance of this Agreement. 14. ACS agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Humans Rights Act (Minnesota Chapter 363 and Title VII of the Civil Rights Act of 1964), and any laws governing discrimination based on race, gender, disability, religion, sexual preference, and sexual harassment. Violation of any of the above laws can lead to termination of this contract. 15. Either party hereto, may terminate this contract after thirty (3 0) days written notice to the other party. Any payments due ACS shall not be affected by termination. 16. Any notice required under applicable law or this Agreement, may be sent to the other party as indicated on Exhibit One herein. 17. ACS shall be entitled to apply a fuel surcharge in the event the average price for unleaded gasoline in the Twin Cities metropolitan area, as measured by AAA or similar reporting service, is $3.15 per gallon or higher. K Packet Page Number 97 of 184 Richard L. Ruzicka Animal Control Services City of Maplewood as Its: Packet Page Number 98 of 184 ANIMAL CONTROL CONTRACT EXHIBIT ONE PATROL $33 15 hours per week between 8:00 A.M. and 4:00 P.M. (October - March) $33 15 hours per week between 10:00 A.M. and 6:00 P.M. (April- September) CALL OUT $53 6:00 P.M. to 10:00 P.M. (Mon -Fri except holidays) $74 10:00 P.M. to 8:00 A.M. (Mon -Fri except holidays) $74 10:00 P.M. Friday - 8:00 A.M. Monday & holidays The Call Out rates are a flat fee, determined by the time the request is received by ACS. ANIMAL — OWNER CHARGES - CLAIMED $42.00 Administrative Handling Fee $18.00 Daily Boarding Fee Statutory Veterinary Services (at cost) ANIMAL — CITY CHARGES - UNCLAIMED $25.00 Animal Surrender Fee $17.00 Daily Boarding Fee $58.00 Euthanasia and Disposition Statutory Veterinary Services (at cost) Charges herein do not include any applicable sales taxes. Daily Boarding Fees are charged for all or any portion of a calendar day an animal is boarded. Notices pursuant to this contract shall be given by deposit in the United States Mail, postage prepaid, addressed as follows: Mr. Richard L. Ruzicka Animal Control Services 6400 Colfax Avenue North Brooklyn Center, MN 55430 City of Maplewood David Thomalla Police Chief 1830 County Road B East Maplewood, MN 55109 Alternatively, notices required by this contract may be personally delivered to the persons named above. Notice shall be deemed given as of the date of personal service or as of the date of deposit of the notice in the United States Mail 12/09 V 1 21 Packet Page Number 99 of 184 AGENDA NO. G -10 AGENDA REPORT To: James W. Antonen, City Manager From: Robert Mittet, Finance Director Date: January 25, 2010 Re: Resolution Establishing Depository Services Account for Ambulance Activity BACKGROUND Fire Chief Lukin and I have discussed difficulties experienced by Trans Medic in providing correct data to the City Finance Department. We believe that a separate bank account might make reconciliation of the ambulance activity easier to accomplish. Based on that discussion, staff has attached the resolution required by US Bank to establish that account. RECOMMENDATION Staff recommends adoption of the resolution establishing a new bank account for ambulance activity. Packet Page Number 100 of 184 DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: CONTACT: ADDRESS: TAX IDENTIFICATION NUMBER: City of Maplewood Robert Mittet 1830 County Road B East Maplewood, MN 55109 41- 6008920 I, Karen Guilfoile (name of certifying officer) do hereby certify that I am the City Clerk (title of certifying officer) of the above -named governmental entity (therein called the "Depositor ") a City existing under the laws of the State of Minnesota and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly and properly called and held on the _25th_ day of _January , 2010_ ; that a quorum was present at said meetings and that said resolutions are now in full force and effect. RESOLVED, that U.S. Bank National Association is hereby designated as a depository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorse; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED, that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of facsimile or mechanical signature or otherwise authorized, by any one of the individual listed in the section entitled "Authorized Signers ", and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person for application, or which are actually applied to the payment of any such indebtedness awing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the depositor from time to time. RESOLVED, that the City Clerk (identify certifying officer by title) hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or Packet Page Number 101 of 184 damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED, That any and all transactions by or on behalf of the Depositor with the Bank [prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled "Authorized Signers ". I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number: Authorized Signers Name Title Signatures Will Rossbach Mayor James W. Antonen City Manager Robert A Mittet Finance Director IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this _25th day of January , 2010 (Certifying Officer) (Title) (Attest by one other officer) (Title) Packet Page Number 102 of 184 Agenda Item H1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Hills and Dales Area Street Improvements, City Project 09 -15 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) DATE: January 19, 2010 INTRODUCTION The Public Hearing for this project has been scheduled for 7:00 p.m., Monday, January 25, 2010. Notices of the public hearing have been mailed and published. As previously directed by council all residents within 500 feet of any street improvement have also been notified for this Public Hearing in addition to those living on the subject streets. The feasibility study was accepted by the council on January 11, 2010, authorizing the preparation of plans and specifications, and calling for this Public Hearing. The city council will consider ordering the improvement following the Public Hearing. BACKGROUND It is important that the city maintain its infrastructure valued at over $160 million. This project is proposed to meet set goals of the council as identified in the adopted budget to attain a pavement condition index rating of 70 out of 100 for 75% of the 135 miles of local streets. Currently only 60% of the local streets are rated at 70 or higher, 15% shy of the set goal. But over the next 4 -5 years this goal is set to be accomplished assuming about 4 miles of street is reconstructed yearly. The city's street reconstruction program began in 1999 and many neighborhoods have seen investment through this program. It is now the opportunity for the Hills and Dales improvement area to receive the benefit of new streets and upgraded utilities. Recently post construction surveys have been incorporated into these projects and residents have been very favorable to the neighborhood investment. The reconstruction program is also the best opportunity to treat polluted stormwater runoff before it reaches lakes and wetlands. The proposed 09 -15 project is composed of two areas as illustrated on the attached project location maps. Area #1 is generally bounded by State Trunk Highway No. 36 to the north, English Street to the east, the Gateway Trail to the south, and Keller Golf Course to the west. Area #2 is generally bounded by Holloway Avenue to the north, McKnight Road to the east, Larpenteur Avenue to the south, and Beebe Road to the west. The feasibility report for Area #1 was ordered at the August 10, 2009 city council meeting. Subsequently a letter was mailed to the residents of Area #1 on August 18, 2009 to provide information on the council's action and that preliminary engineering, such as soil borings and a topographic survey would begin within the neighborhood. On September 21, 2009 an information packet was sent to the residents containing a questionnaire, information about the questionnaire, information about the construction process, a driveway Packet Page Number 103 of 184 Agenda Item H1 reconstruction program pamphlet with a copy of the driveway warranty, a rain garden pamphlet, a project location map, and a cover letter addressing the project and the information contained in the packet. On September 14, 2009 the city council added Area #2 to the scope of the Hills & Dales Area project and ordered the preparation of the feasibility study for Area #2. Subsequently a letter was mailed to the residents of Area #2 on September 29, 2009 to provide information on the council's action and that preliminary engineering, such as soil borings and a topographic survey would begin within the neighborhood. Included with the notification letter sent on September 29, 2009 was an information packet similar in content that was mailed to Area #1. On October 13, 2009 a letter was mailed to residents to inform them that a consultant would be in the area to delineate wetlands. Informational neighborhood meetings were held on Wednesday, October 14, 2009 and Thursday, October 15, 2009 from 5:00 -7:30 P.M., at the Maplewood Community Center. An additional informational neighborhood meeting was held on Wednesday, November 18, 2009 from 5:30 -7:30 P.M at the Maplewood Community Center. Approximately 170 residents attended the three informational neighborhood meetings. Items discussed at the these meetings included the public improvement process, the construction process, existing conditions within the project area, proposed improvements, proposed assessments, and an estimated project timeline. After the presentation residents were given the opportunity to ask questions, express concerns, and give input about the project. Staff made themselves available to residents to discuss the project one on -one with residents after the general question and answer period of the presentation. From discussion with the residents after the meeting the overall feeling was that the improvements are warranted, however there are some concerns over the proposed assessments. Response questionnaires mailed back to the city by residents along with a summary of written comments collected at the neighborhood meetings are attached to this report. On December 21, 2009 a design questionnaire was mailed to residents asking for input on some design options. These options included the narrowing of street widths to reduce impervious areas, the construction of sidewalks, and the use of traffic calming techniques at intersections. On December 22, 2009 staff presented the proposed preliminary project to the Environmental Natural Resource Commission (ENRC) to inform them of the potential upcoming 2010 street reconstruction project and to obtain input prior to beginning of design. Members of the ENRC provided staff with valuable insight into general goals and items that they would like to see staff consider during the design of street construction projects. A summary of these notes are attached to this report. Staff is proposing to take into account the comments of the ENRC during the design phase and explore some creative alternative options in the form of Bid Alternatives. This would allow the staff and the city council to review alternative designs with proposed bid costs. On January 11, 2010 staff presented the feasibility report to the city council. The council accepted the report, authorized the preparation of plans and specifications, and called for a public hearing to be held on January 25, 2010. The feasibility report is available on the city web site w.ci.maplewood.mn.us under the Hills and Dales Area Streets "Projects" pull down tab. On January 12, 2010 a letter was mailed to all property owners abutting the proposed project streets and all property owners within 500 feet of the proposed project area informing them of the time, Packet Page Number 104 of 184 Agenda Item H1 location, and purpose of the public hearing. The letter also reiterated that staff is available to meet and discuss questions or concerns prior to the public hearing. Project location maps were also included in the letter outlining the proposed project streets. The information regarding the public hearing, including a link to a copy of the letter to the residents, is available on the city website under the Hills and Dales Area Streets "Projects" pull down tab. DISCUSSION Area #1 generally consists of Atlantic Street, Belmont Lane, Burke Avenue, Chambers Street, Cope Court, Day Road, Duluth Street, Duluth Place, Junction Avenue, Lark Road, Lealand Road, Ryan Avenue, Shryer Avenue, and Skillman Avenue. Area #2 generally consists of Howard Street and Ripley Avenue. Street and utility improvements for all of the above listed streets are listed on the City's Capital Improvement Plan for 2010. Staff is proposing to add Atlantic Street north of Cope Court in Area #1 and Furness Street between Holloway Avenue and Ripley Avenue in Area #2 to the adopted Capital Improvement Plan (CIP). These two additional areas are in need of repair and will allow for a complete neighborhood reconstruction design and would represent a cost savings over reconstructing them as stand alone projects. With the exception of Cope Court, 300 feet of Atlantic Street north of Cope Court, and the north 300 feet of Furness Street, all of the streets in the proposed project area do not have concrete curb and gutter. New concrete curb and gutter would be installed along all of the project streets. The full roadway including any existing concrete curb and gutter, with the exception of the north 300 feet of Furness Street, throughout the neighborhood needs to be removed and replaced as part of the street reconstruction due to the poor soil conditions, lack of an adequate existing road cross - section, and low permeability of the sub base fill material as detailed in the feasibility report and the geotechnical engineering report. The existing pavement section and aggregate base under all of the neighborhood streets are proposed to be removed and replaced. Also a majority of areas have poor subgrade soils that will need to be removed and replaced with a granular material to allow proper subsurface drainage in order to prevent frost action. On December 21, 2009 a design questionnaire was mailed to residents asking for input on some design options. Results from this questionnaire showed that residents are strongly opposed to the idea of including sidewalks as part of the reconstruction project. The majority of residents are also generally in favor of having the streets remaining at approximately same average width. The neighborhood streets range from 21 to 36 feet wide and are generally proposed to remain the same width. Staff is recommending a minimum street width of 24 feet. The northern half of Area #1 is currently serviced by an existing storm sewer system. Staff is recommending expanding the existing storm sewer system to relieve drainage issues in the northern half of Area #1 along with reducing the amount of storm water runoff in the roadway area. The southern half of Area #1 has little to no storm sewer. A new system is proposed in this area to relieve drainage issues, reduce ponding problems, and reduce the amount of storm water runoff in the roadway area. In Area #2, staff proposes expanding the existing storm sewer system south of Holloway Avenue down Howard Street to reduce the amount of storm water heading into the intersection of Holloway Avenue and Howard Street. Additional storm sewer is also proposed for Furness Street, Ripley Avenue, and Howard Street south of Ripley Avenue to improve the existing drainage system. Packet Page Number 105 of 184 Agenda Item H1 Currently there are little to no water quality treatment features located in Area #1 or Area #2. Proposed treatment features such as filtration basins, underground infiltration cells, and private rainwater gardens will provide the means to capture and treat pollutants. Repairs will be made to the existing structures as needed and sumps will be added to structures just upstream from treatment basin areas and neighborhood wetlands. Repairs to the sanitary sewer system as identified through the televising of the mainline include 12 main repairs, lining of 3,500 linear feet of the sanitary main, and repair of sewer services. At this time, Saint Paul Regional Water Services (SPRWS) has identified approximately 3,900 linear feet of water main in need of replacement in project Area #1. SPRWS does not plan on any water main replacements within project Area #2. SPRWS does anticipate some minor modifications to the existing systems in Area #1 and Area #2 such as gate valve adjustment and repair. ASSESSMENTS There are 337 assessable residential units within the project area. There are 2 multi - family lots, each with apartment buildings, which will be assessed on a front footage basis at $132 per front -foot. Residential properties located on streets with existing concrete curb and gutter, homes located along Cope Court, will be assessed at the partial reconstruction amount of $4,950. Residential properties on streets without existing concrete curb and gutter, all project streets except Cope Court, will be assessed at the full reconstruction amount of $6,600. The one time storm sewer assessment rate is $1,090 per unit for residential properties and $21.80 per front -foot for multi- family properties (apartments). Staff is researching records to ensure that any property that had previously been assessed for storm sewer will not be assessed as part of this project. At the time of this report approximately 58% of the properties are planned to be assessed for storm sewer. BUDGET The total project budget, for Area #1 and Area #2, was approved at the January 11, 2010 city council meeting in the amount of $7,836,087. The following is a summary of the approved project budget: APPROVED PROJECT BUDGET FUNDING SOURCE PROJECT AMOUNT G.O. IMPROVEMENT BONDS $3,164,283 SANITARY SEWER FUND $428,064 ENVIRONMENTAL UTILITY FUND $1,060,541 SPECIAL ASSESSMENT $2,792,721 ST. PAUL WATER $209,102 W.A.C. FUND $101,376 DRIVEWAY REPLACEMENT PROGRAM $80,000 TOTAL FUNDING $7,836,087 Packet Page Number 106 of 184 Agenda Item H1 CONCLUSION The proposed project improvements are necessary to replace and upgrade city infrastructure and to meet stormwater regulatory requirements in addition to council goals. The sanitary sewer and water delivery system is in need of repair along with installing storm sewer piping. Also the full reconstruction of the streets is needed due to numerous pavement distresses and inadequate supporting materials. Street reconstruction will also address street pondingficing issues by designing and building a proper street section to include concrete curb and gutter and proper slopes. In order to meet stormwater regulatory requirements volume reduction measures must be implemented to capture pollutants before reaching lakes and wetlands. As part of the city's obligation, volume reduction of 1" over the impervious areas must be met. From the feedback from three neighborhood meetings and two questionnaires most residents agree the improvements are needed in the neighborhood. While most agree with the improvements some have concerns with the special assessments which cover an estimated 35% of the total project cost for this project. The council goal is to have residents directly benefiting from the improvements pay 50% of the project cost, thus the special assessment rates have and will continue to be raised 10% per year until the 50150 goal is met. If this project is delayed the special assessment rates may be noticeably higher given the 10% increase per year to the rates, and because construction costs are likely to rise in the future. The majority of residents benefiting will be assessed a total of $7,690. This amount can be paid over a period of 15 years on the taxes at an interest rate of roughly 6 %. Assessment deferment options are available for those citizens meeting age or disability and income requirements whereas the assessment would cause financial hardship. If the project is ordered to proceed the staff would work with those individuals to file an assessment objection prior to an Assessment Hearing to be held at a later date. RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the improvement for the Hills and Dales Area Street Improvements, City Project 09 -15 (Four affirmative votes are required to approve this resolution). Attachments: 1. Resolution Ordering Improvement 2. Feasibility Report — Executive Summary 3. Questionnaire Results 4. Location Map Packet Page Number 107 of 184 Agenda Item H1 Attachment 1 WHEREAS, a resolution of the city council adopted the11th day of January, 2010, fixed a date for a council hearing on the proposed street improvements for the Hills and Dales Area Street Improvements, City Project 09 -15. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on January 25, 2010, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Hills and Dales Area Street Improvements, City Project 09 -15. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of January, 2010. 3. The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement as previously directed by the city council at the January 11, 2010 council meeting. 4. The finance director was authorized to make the financial transfers necessary to implement the financing plan for the project by the city council at the January 11, 2010 council meeting. A project budget of $7,836,087 was established. The approved financing plan is as follows: FUNDING SOURCE APPROVED AMOUNT G.O. IMPROVEMENT BONDS $3,164,283 SANITARY SEWER FUND $428,064 ENVIRONMENTAL UTILITY FUND $1,060,541 SPECIAL ASSESSMENTS $2,792,721 ST. PAUL WATER $209,102 W.A.C. FUND $101,376 DRIVEWAY REPLACEMENT PROGRAM 1 $80,000 TOTAL FUNDING $7,836,087 Packet Page Number 108 of 184 Agenda Item H1 FEASIBILITY REPORT Attachment 2 EXECUTIVE SUMMARY HILLS & DALES AREA STREET IMPROVEMENTS AREA #1 ATLANTIC STREET, BELMONT LANE, BURKE AVENUE, CHAMBERS STREET, COPE COURT, DAY ROAD, DULUTH STREET, DULUTH PLACE, JUNCTION AVENUE, LARK ROAD, LELAND ROAD, RYAN AVENUE, SHRYER AVENUE, AND SKILLMAN AVENUE AREA #2 FURNESS STREET, HOWARD STREET, AND RIPLEY AVENUE 1 1) The full reconstruction of Area *1 of these streets will include removal and replacement of the existing aggregate base and bituminous. The street reconstruction will also include sub grade corrections consisting of replacing the sub grade fill material with a sand sub base, drain tile, and a geotextile fabric. 2) Concrete curb and gutter is proposed to be installed on all streets in Area #1 and Area #2. Packet Page Number 109 of 184 Age Item H1 9) Conduct private sewer service televising, cleaning, and inspection as needed. vatuta e chment 2 televising data to determine which sanitary sewer services are to be repaired as part of the project. 1 0) At this time, Saint Paul Regional Water Services (SPRWS) has identified approximately 3,900 linear feet of watermain in need of replacement in project Area #1. SPRWS does n ot on . -, re placements • Area #2 SPR evaluating other water system repair/replacement needs such as gate valves, curb • ,. other system comp onents. Holl 11 )Add Atlantic Street north of Cope Court in Area #1 and Furness Street between - and Ripley Avenue in Area adopted Capital Impro Plan (CIP). These two additional areas are in need of repair and will allow for a com plete neighborhood reconstruction desig MIM The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 28% allowance for indirect costs. ESTIMATED PROJECT COST SUMMARY TOTAL AREA #1 AREA #2 TOTAL % OF TOTAL PROPO G.O. IMPROVEMENT BONDS SANITARY SEWER FUND AM OUNT AM AM PR OJECT STREET IM ,...r /..� rr . ,_ ■ r .. �,. # r DRAINAGE IMPROVEMENTS STREET S ANITAR Y SEWE IM _ ... P ; �■ ��r # #11�i�'. r � W A TE R ■ !*# - I 4 6 ESTIM The improvements are proposed to be financed through a combination of special assessments to the benefiting properties, G.O. Improvement Bonds, W.A.C. funds, other City of Maplewood funds, and St. Paul Water. The following is a summary of the estimated financing for the proposed project. P R OJECT • :. • TOTAL % IP' IN O '.���I *I�� FUNDING SOURCE PROJECT G.O. IMPROVEMENT BONDS SANITARY SEWER FUND STREET ... P #r ,,.# ■ ,... r � W A TE R Sri Packet Page Number 110 of 184 Agenda Item H1 Attachment 2 The following schedule may be implemented, should it be determined to proceed with the project: Receive feasibility study 1/11/2010 Authorize preparation of plans and specs 1/11/2010 Order public hearing 1/11/2010 Public hearing 0112512010 Approve plans and specs/authorize advertisement for bids 0312212010 Bid date 0411612010 Assessment hearing 0412612010 Accept bids/award contract 0412612010 Begin construction 0510412010 Assessments certified to Ramsey County 1010112010 Complete construction 1013112010 Vil Packet Page Number 111 of 184 Agenda Item Hl Attachment 3 U O U N E S E O N `o, a E c m = a 0 S Packet Page Number 112 of 184 E' T =�E =o -w 'S- - � m@) n m E m 3 h m 3 °m w c o 3'0 E E .. 0 ,�o�0 49 3; n0 2 �°, r c d 5 3 E °c -� w Ti z =r oEa m S�n y '" t E E % �' ° 3 a£° �a - > 3 g x W E- �^E w E v, >' ,o c E E9a c d E. 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As Park Cn G SKILL U Par U) TRAIL rn 0 Flicek Li FM � I < ryll Cn U� FT1 <1 Gloster Park ����PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 201 Hills & Dales Area Street Improvements City Project 09-15 Packet Page Number 117 of 1 E� Agenda Item H1 Attachment 4 COUNTY HOME AND GROUNDS D GOLF H '00 ;?OODRICH F COURSEq Goodrich NORTH ST. PAUL �OLLOWAY AVE. HOLLOWAY LAJ -J, 0 Park L-J 1 1 Hillside ry : ry 0 n Park >- \>> RIPLEY AVE. RIPLEY AVE , KINGSTON \ WIND KINGSTON AVE. SOUTH 0 AVE."� SOUT PRICE ................. LIJ M LLJ LLJ ZI L ry M ST. PAU L LLJ co :D —J HOYTSAVE. ry TEVLIN CT.r 0�� NEBRASKA — LLJ] C/') 0 0 ry W V < AVE. r MON' CI Fy ryl TEVLIN CT.r 0�� NEBRASKA — LLJ] P� -J Nebraska 6 Park z " G -MN Sterling Oaks A RC , 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 118 of 18 0 < O \ MCKNIGHT LN U - F LARPENTEUR Agenda Item H.2. MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Consider Adoption of the Sign Ordinance — Second Reading DATE: January 19, 2010 for the January 25 City Council Meeting INTRODUCTION The city's sign ordinance gives guidelines to businesses and residents for visibility and promotion, and protects the public health, safety, and welfare. Maplewood's sign ordinance was adopted in 1977, with only minor revisions made since that time. In 2004 and 2005 the Community Design Review Board (CDRB) researched various aspects of signs and ordinances, drafted amendments to the city's sign ordinance, and took public comment regarding the amendments. Based on this review, the CDRB recommended approval of a revised sign ordinance on March 1, 2006. No action was taken on those revisions until June 1, 2009, when the City Council directed staff to bring the sign ordinance back to the CDRB in order to obtain updated comments from the public prior to a first reading. During the months of August through October 2009, staff obtained updated review and feedback from various business associations, CDRB, Planning Commission, and Parks and Recreation Commission on the proposed sign ordinance revisions. Staff made minor changes to the sign ordinance based on these reviews and presented the ordinance to the City Council on November 23, 2009, for a first reading. BACKGROUND On November 23, 2009, the City Council adopted the first reading of the sign ordinance. The City Council requested two revisions to the ordinance prior to the second reading including: 1) allowing temporary window signs to cover 50 percent of a window rather than 30 percent; and 2) requiring that off -site real estate directional signs have contact information and date of installation listed on the sign. These changes have been made in the attached sign ordinance (Attachment 1). On December 8, 2009, the CDRB reviewed the revisions requested by the City Council as well as two additional revisions requested by the public and staff. Refer to the minutes attached (Attachment 2). Notification of the December 8, 2009, CDRB meeting and the January 25, 2010, City Council public hearing were both sent to the St. Paul Area Association of Realtors ( SPAAR), White Bear Avenue Business Association, St. Paul Area Chamber of Commerce, and the White Bear Area Chamber of Commerce. On January 15, 2010, the SPAAR submitted a letter to the city addressing the revision to off -site real estate directional signs (Attachment 3). Packet Page Number 119 of 184 Notification of the January 25, 2010, city council public hearing for the second reading of the sign ordinance was published in the legal section of the January 13, 2010, Maplewood Review; on the front page of the January 2010 Maplewood Monthly; and on the city's website. DISCUSSION Revisions Requested During the First Reading of the Ordinance Temporary Window Signs Due to concerns expressed by various business associations regarding the reduction in allowable window sign coverage from 75 percent to 30 percent, the City Council requested a compromise of 50 percent window coverage. Staff researched four adjacent cities' sign ordinances to compare this regulation: • Oakdale: Window signs allowed up to 50 percent coverage • White Bear Lake: Window signs allowed up to 33 percent coverage • Woodbury: Window signs allowed up to 30 percent coverage • St. Paul: "Temporary" window signs allowed with no limit on size or time. "Permanent" window signs are allowed for businesses in the White Bear Avenue Corridor, but can only take up to 10 percent coverage. In addition to researching the adjacent cities' sign ordinances, staff reviewed the use of window signs in several types of businesses in Maplewood. Following are the results of that review: • Liquor Stores: Six inspected, all displayed temporary window signs. Signs covered 50 to 100 percent of window area. Each liquor store inspected used every window available to locate window signs. In addition, most liquor stores had additional temporary banners located on their building, fence, or freestanding signs. • Fast Food Restaurants or Coffee Shops: Eight inspected, all displayed temporary window signs on some of their windows. Signs covered 10 to 100 percent of window area. Temporary window signs covering 100 percent of window area at fast food restaurants were placed on a small percentage of windows only. • Retail Stores: Eight inspected, all displayed temporary window signs on some of their windows. Temporary window signs covered zero to 100 percent of window area. • Convenient Stores: Nine inspected, most displayed temporary window signs on some of their windows. Temporary window signs covered zero to 30 percent of window area. • Bars: Two inspected, both displayed temporary window signs on some of their windows. Temporary window signs covered 20 to 25 percent of window area. • Hair Salons: Four inspected, all displayed temporary window signs on some of their windows. Temporary window signs covered 10 percent of window area. The CDRB discussed temporary window signs on December 8, 2009, and agreed that the 50 percent window coverage with no time restriction was a good compromise. They determined that it is more consistent with surrounding cities' temporary window sign regulations and would allow most businesses to continue using window signs as they always have. 2 Packet Page Number 120 of 184 Off -Site Real Estate Directional Signs Due to a concern expressed by a resident regarding the nuisances associated with off -site real estate directional signs, the City Council requested that realtors be required to place their contact information and date of installation on the directional sign. This would make the ordinance easier to enforce and ensure that signs don't become a nuisance. Staff researched four adjacent cities' sign ordinances to compare this regulation: • Oakdale: Off -site real estate directional signs are allowed in the right -of -way for up to seven days. • White Bear Lake: Off -site real estate directional signs are prohibited. • Woodbury: Off -site real estate directional signs are prohibited, open house signs are allowed for 48 hours. • St. Paul: Off -site real estate directional signs are prohibited. The CDRB discussed off -site real estate directional signs on December 8, 2009, and agreed that the requirement to add contact information and date of installation would assist staff in enforcement of the sign ordinance. The SPAAR submitted a letter addressing the additional regulations for off -site real estate directional signs on January 15, 2010 (Attachment 2). SPAAR expressed their appreciation for the original modification to the sign ordinance which was made based on their concerns. The original modification included the removal of the maximum number of directional and open house signs at intersections. In the January 15 correspondence, SPAAR recognizes the city's desire to enforce the time period with the requirement for contact information and date of installation on the directional signs, but they state it is their hope and expectation that all off -site signs, not just real estate related signs, will receive the same scrutiny and enforcement. The only other type of off -site temporary sign allowed in the sign ordinance is garage sale signs. These signs must display the actual dates of the sale and can be installed in the right -of -way one day prior to the sale and must be removed within one day after the sale. Additional Revisions Requested by the Public and Staff Off -Site Directional Signs for Nonprofit Businesses George Rossbach, former Mayor of Maplewood, volunteers at the Good Samaritan Home Care Center in Maplewood. Mr. Rossbach approached staff about the nursing home's interest in installing a directional sign within the Edgerton Street right -of -way, directing visitors to the nursing home which is located on Roselawn Avenue. Maplewood's current and proposed sign ordinance would not allow directional signs in the right -of -way for nonprofit businesses. Staff researched four adjacent cities' sign ordinances to compare this regulation: Oakdale: Off -site nonprofit directional signs are allowed in the right -of -way for places of worship only. Signs must be approved by the governmental body responsible for the right -of -way on which the sign is installed (city/county/state). Signs are limited to four square feet in area. White Bear Lake: Off -site nonprofit directional signs are allowed in the right -of- way for places of worship, hospitals, and nursing homes. Sign must be approved by the city council. Woodbury: Off -site nonprofit directional signs are allowed in the right -of -way for places of worship, schools, parks, and public buildings. Signs must be approved 3 Packet Page Number 121 of 184 by the governmental body responsible for the right -of -way on which the sign is installed (city/county/state). Signs are limited to four square feet in area with a maximum number of three signs per nonprofit business. • St. Paul: Off -site nonprofit directional signs appear to be prohibited. Based on this review, the CDRB found the off -site directional signs for nonprofit businesses to be a reasonable request. They recommend allowing these signs within right -of -ways as follows: Allowed for nonprofits such as places of worship, hospitals, nursing homes, parks and schools. Signs must be approved by the government body responsible for the right -of -way on which the sign is installed. Signs are limited to four square feet in area with a maximum number of three signs per nonprofit. This recommendation has been added to the attached sign ordinance (Attachment 1). Portable Temporary Signs Portable temporary signs generate the largest number of sign complaints in the city. The current sign ordinance allows portable temporary signs 16 square feet or larger to be installed for up to 30 days per year, per business (60 days for a new business). These signs require a permit. The current fee for this permit is $42. The permit can be issued to the business or the sign installer, however in almost all occasions it is the business that obtains the permit. Maplewood's existing contractor ordinance (Article VI) requires that contractors erecting signs and billboards in the city must first obtain a contractor's license to ensure adequate property damage insurance, general liability insurance, and worker's compensation. The fee for a contractor's license is currently $130 per year. Staff has required this license for all sign contractors who install permanent signs, but not for sign contractors who install temporary signs. The practice of issuing temporary portable sign permits to the business and not requiring licenses for sign contractors that install temporary signs has made it difficult to ensure the sign installer removes the sign in a timely manner. In addition, portable temporary signs under 16 square feet are not regulated by the city's current sign ordinance. This has lead to many businesses installing these types of signs on a permanent basis. The proposed sign ordinance reduces the size of portable temporary signs requiring permits from 16 square feet to 12 square feet, with the same time frame for installation and permitting. In addition, the ordinance would restrict portable temporary signs under 12 square feet to one per property for 30 days per sign. For commercial buildings with multiple occupants, each separate tenant is permitted one sign under 12 square feet, with no more than three signs per multi- tenant property at any one time. In addition, staff would like to review the feasibility of requiring additional regulations on portable temporary signs to assist in the enforcement of these signs. For comparison, following are four adjacent cities' regulations and permitting procedures for these types of signs: • Oakdale: Allows portable temporary signs 15 square feet or larger for up to ten days per year, per property with a sign permit. The sign permit must be issued to the sign installer to ensure that the installer removes the sign in the allotted timeframe. • White Bear Lake: Prohibits portable temporary signs. • Woodbury: Prohibits portable temporary signs. 4 Packet Page Number 122 of 184 • Little Canada: Allows portable temporary signs of any size for a maximum of 120 days per year with a permit. The city requires a $200 deposit in addition to the temporary sign permit fee. The deposit is returned if the applicant abides by the sign permit and sign ordinance requirements. Staff also interviewed the owners of the two main businesses in Maplewood that lease and install portable temporary signs, Sign Results and Black Signs. Both owners indicate a willingness to cooperate with the city on additional regulations to ensure compliance with the city's portable temporary sign ordinance. The owners state that other cities they do business in require contractor's licenses for portable temporary sign installers. During the yearly renewal of the license in these cities a copy of the sign ordinance is included with the license. This leads to better communication between the sign installer, businesses requesting the signs, and the city. Fees for temporary sign installer contractor licenses in other cities range from $50 to $100. Additionally, both owners suggest that the city consider requiring that the sign installer or business owner place a copy of the permit on the sign itself, and that the city e-mail the sign permit to the installer notifying them of the exact dates of installation for the sign. Based on this review, the CDRB recommended that temporary portable sign installers obtain yearly licenses from the city. This requirement is already covered in the contractor ordinance and has been added under the general regulations and standards section of the sign ordinance (Attachment 1). Staff will also implement a procedure for the requirement of temporary portable sign permits to be installed on the sign depicting the allowed date of installation, and a procedure to e-mail the permits to the sign installers. These procedures will assist in the enforcement of temporary portable signs. SUMMARY The draft sign ordinance has undergone thorough research, planning, and reviews by the CDRB, Planning Commission, City Council, business groups, staff, and residents. The end result is an ordinance that attempts to establish a comprehensive and impartial system of sign regulations that balances the needs for effective visual communication including business identification and the needs for a safe, well - maintained, and attractive community. For reference, the major changes proposed from the existing sign ordinance to the new sign ordinance can be found on the attached Major Changes document (Attachment 4). RECOMMENDATION Approve the second reading of the attached sign ordinance (Attachment 2). This ordinance revises the city's sign regulations it its entirety. Pt©rd /Signl1 -25 -10 CC Report Attachment: 1. Sign Ordinance 2. December 8, 2009, CDRB Minutes 3. St. Paul Area Association of Realtors Correspondence 4. Major Changes Proposed 5 Packet Page Number 123 of 184 Attachment 1 AN ORDINANCE AMENDING THE MAPLEWOOD SIGN REGULATIONS (Changes Made Since the First Reading of the Ordinance on November 23, 2009, are Underlined if Added and Stricken if Deleted) The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: This amendment revises Article III (Sign Regulations) in its entirety Section 1. Purpose and Intent The purpose of this ordinance is to establish a comprehensive and impartial system of sign regulations that balances the needs for effective visual communication including business identification and the needs for a safe, well- maintained, and attractive community. It is intended through the provisions contained herein to: (a) Promote signs which by their design and dimensions are integrated and harmonized with the surrounding environment and the buildings and sites they occupy. (b) Protect the public from damage or injury caused by signs that are poorly designed or maintained and from signs that cause distractions or hazards to motorists and pedestrians using the public streets, sidewalks, and public right -of -way. (c) Avoid excessive signage in order to give each business or use optimum visibility to passer- by traffic and prevent cluttering of the streetscape. (d) Allow noncommercial copy to be substituted for commercial copy on any lawful sign structure. Section 2. Comprehensive Sign and Mural Plans A comprehensive sign plan shall be provided for the following: (a) Business premises with five (5) or more tenants on the premise and all multiple -story buildings with two (2) or more tenants in the building. (b) Dynamic display wall signs (also refer to Section 13 — Dynamic Display Signs). (c) Large campuses consisting of buildings and land of ten (10) or more acres. (d) Shared signs. (e) All developments approved as a planned unit development. (f) Murals on business premises. 1 Packet Page Number 124 of 184 (g) Temporary sports facility sponsorship signs (also refer to Section 12 — Signs in Park Designated Land Use in the Maplewood Comprehensive Plan). Such a plan, which shall include the location, size, height, color, lighting and orientation of all signs and/or murals, shall be submitted for preliminary plan approval by the city. Exceptions to the sign ordinance of this article may be permitted for sign areas, densities, and dynamic display changeover rates for the plan as a whole if the signs are in conformity with the intent of this article, results in an improved relationship between the various parts of the plan, and encourages and promotes the removal of nonconforming signs through the use of shared signs. In addition, murals must be tasteful, in keeping with the business premise and surrounding properties, and not contain any defamatory, obscene, treasonous expressions or opinions, including graffiti. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff, and city council may appeal the community design review board's decision. An appeal shall be presented to the administrator within fifteen (15) days of the community design review board's decision to be considered by the city council. Section 3. Definitions Administrator. The director of community development or other person charged with the administration and enforcement of this ordinance. Advertising Balloon. Any inflatable temporary sign Alteration. Any major alteration to a sign, but shall not include routine maintenance, painting or change of the sign face of an existing sign. Awning. A covering attached on the facade of a building which projects typically over a door, window, or sidewalk. Awning Sign. A sign affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. Banner Sign. A temporary sign that is made of flexible material, contains a message, and is not inflatable. Billboard. A sign which advertises a product, event, person, institution, activity, business, service or subject not located on the premises on which said sign is located. This definition shall not include an off -site real estate sign. Changeable Copy Message Board. A sign or portion of a sign which is characterized by interchangeable letters and figures. This definition shall not include dynamic display signs. Collector Streets. As defined in the city's comprehensive plan these are roadways designed to carry traffic between the arterial system and the local system, convey intra- community traffic between neighborhoods, business centers, industries, parks and the like, and provide direct access to abutting properties. Construction Sign. A temporary sign erected on the premises prior to or during construction, indicating the names of the architects, engineers, landscape architects, contractors or similar 2 Packet Page Number 125 of 184 artisans, and/or the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. Directional Information Sign. A sign, generally informational, that has a purpose secondary to the use of the property upon which it is located, intended to facilitate the movement of pedestrians and vehicles within the site and identify the location and nature of a building not readily visible from the street. District. The land use or zoning districts as designated on an official land use or zoning map of the city and described in the district regulations. Dwelling Unit. Any structure or portion of a structure that is designated as short -term or long- term living quarters, including motel units, hotel units, or cabins. Dynamic Display Sign. Any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode -ray tubes (CRT), light- emitting diode (LED) displays, plasma displays, liquid - crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are placed by a public agency for the purpose of directing or regulating pedestrian or vehicle movement are exempt from this ordinance. Flags. Any device generally made of flexible materials, such as cloth, and displayed on strings containing distinctive colors, patterns, or symbols used as a symbol of government, political subdivision, or other entity. Flashing Sign. An illuminated sign which contains flashing lights or exhibits with noticeable changes in light intensity. Freestanding Sign. A sign that is attached to, erected on, or supported by an architecturally - planned structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. This definition includes pylon signs and monument signs. Garage Sale Sign. A sign that advertises the sale of personal property from a person's home. This definition includes, but is not limited to, yard -sale, craft, boutique and estate -sale signs. Gas Station Canopy Sign. A sign affixed to the canopy of a gas station pump island which may or may not be attached to the principal building. Graffiti. Unauthorized markings of paint, dye, or other similar substance that have been placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratching, or etchings are visible from premises open to the public. Ground Grade. The elevation of the ground closest to the sign to which reference is made. Illuminated Sign. A sign that is illuminated internally by a light source inside the sign or externally by means of external light fixtures directed at the sign. 3 Packet Page Number 126 of 184 Local Streets. As defined in the city's comprehensive plan these are roadways that serve short trips at low speeds. Menu Board. An outdoor sign which lists available menu offerings for drive - through customers at a retail establishment which includes a permitted drive - through component, for the purpose of enabling customers to order from the menu and where the advertising or promotional component of the sign is secondary. Minor Alteration. A change of sign copy, sign face, sign color, or modifications or repairs to an existing sign that are cosmetic in nature or include a replacement of parts. Expansion of an existing sign does not constitute a minor alteration. Minor Arterial. As defined in the city's comprehensive plan these are roadways that connect sub- regions that are the closest routes parallel to the principal arterials and supplement and provide relief for traffic to the principal arterial. Monument Sign. A sign not supported by exposed posts or poles located directly at the grade where the width dimension of the architecturally designed base is fifty (54) percent or more of the greatest width of the sign face. Multiple Tenant Building. A commercial building containing two (2) or more tenants. Mural. A design, image, or expression on the exterior of a building, generally for the purpose of decoration or artistic expression, including, but not limited to paintings, markings, and etchings and does not include any on or off -site advertisement. Noncommercial Opinion Signs. A sign that expresses an opinion or point of view that does not advertise any product, service, or business, or display a commercial message, excluding political campaign signs. Nonconforming Sign. A sign lawfully erected and maintained prior to the adoption of this ordinance that does not conform to the requirements of this ordinance. On -Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estate upon which the sign is located. Off -Site Directional and Open House Real Estate Sign. A sign located within the public right -of- way that advertises the sale, lease, or rental of real estate or the open house for such real estate located off the premises where the sign is located. Off -Site Real Estate Sign. A sign advertising the sale, lease, or rental of real estate for single or multiple - family housing developments located off the premises where the sign is located. Painted Wall Sign. A sign painted or administered through adhesive tape directly on the exterior wall of a building or structure, excluding murals. Principal Arterial. As defined in the city's comprehensive plan these are roadways designed to carry the highest volume of traffic, allow the highest speeds, are for the longest trips, and provide sub - regional, regional, and inter - community access. Principal Use. The main purpose for which land, buildings, or structures are ordinarily used 4 Packet Page Number 127 of 184 Professional Occupation Sign. A sign which contains no advertising but is limited to the name, address, telephone number, and occupation of the person carrying on a permitted home occupation out of residential use. Property Frontage. The property lines or lease lines at the front of a building in which the business is located or the location of the main public entrance of the building. Political Campaign Sign. A temporary sign promoting the candidacy of a person running for a governmental office or promoting a position or an issue to be voted on at a governmental election. Portable Sign. A sign constructed to be movable from one location to another and not permanently attached to the ground or to any immobile structure or any device whose primary function during a specific time is to serve as a sign. Public Service Sign. Any sign primarily intended to promote items of general interest to the community. Project Sign. A temporary sign which identifies a proposed or new development. Projecting Sign. A sign, other than a wall sign, which is supported and projects from more than eighteen (18) inches at a right angle from the wall of a building. Pylon Sign. A sign that is mounted on a narrow freestanding pole or other support structure so that the bottom edge of the sign face is six (6) feet above the architecturally designed base. Residential Use Building. Any dwelling, boarding, lodging or rooming house, dormitory unit, fraternity, or sorority house. Roof Line. The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. Roof Sign. A sign erected upon the roof of a building or extending above the roof line of the building to which it is attached, and which is wholly or partially supported by said building. Sign. Any structure, device, advertisement, advertising device, or visual representation intended to advertise, identify, or communicate information and to attract the attention of the public for any purpose. A sign includes any illuminated or non - illuminated symbol, letter, logo, figure, illustration or form painted or otherwise affixed to a building or structure, excluding murals. A sign also includes any beacon or searchlight intended to attract the attention of the public for any purpose. For the purpose of removal, signs shall also include all sign structures. Architectural lighting, such as neon that has no sign copy, shall not be considered to be a sign. Sign Area. The entire area within a continuous perimeter enclosing the extreme limits of the sign message and background. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights, or structures in which any sign is supported shall not be included in determining the sign area. Sign Face. The surface of the sign including letters and background upon, against, or through which the message is displayed or illustrated. 5 Packet Page Number 128 of 184 Sign Structure. The supports, braces, and framework of a sign. Street Frontage. The linear frontage of a parcel of property abutting a street Special Event Sign. A temporary sign or display erected by a civic organization, religious organization, or other non - profit organization or group for the purpose of identifying a non commercial, one -time, or annual special event. Temporary Displays. Temporary displays or features that do not clearly fall into the definition of a sign, but which direct attention to a product, place, activity, business, person, institution, or organization. Temporary displays include three - dimensional shapes, inflatable objects, search lights, and other similar devices. Temporary or Seasonal Sign. A sign for a specific advertisement purpose that is of a limited duration and is not permanently attached to the ground or wall. Wall Sign. A flat sign which does not project more than eighteen (18) inches from the face or wall of the building upon which it is attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. Window. Any transparent or translucent glass or similar material that comprises part of the surface of a wall, regardless of its movability. Entire walls of transparent or translucent glass or similar material are excluded from this definition. Window Sign. A sign painted on a window or placed inside the building to be viewed through a window by the public. This does not include merchandise on display in a window, seasonal displays of holiday pictures, decals, lights, and decorations that do not contain a commercial message or signs which are legally required to be posted. Wall Surface of Building. The total horizontal surface area of the building face to which the sign is attached, including windows and door areas, measured to the extreme outer limits of such wall surface. Section 4. Sign Area and Height Computation (a) Where the sign is a separate panel, structure, or other material forming a single display, the area of the message display face shall constitute the area of the sign. The supports, uprights, bases, or structures on which any sign is supported shall not count towards the sign area unless the supports, uprights, bases, or structures are an integral part of the sign display. (b) Where the sign is designed with more than one (1) exterior sign face, the sign area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. (c) Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, or of a line or lines, to form a display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, and illustrations composing the entire sign. (d) The sign coverage area includes the area of the message display face and the frame, background, and supports for a sign. b Packet Page Number 129 of 184 (e) The height of a sign shall be measured by the vertical distance from the ground grade to the top of a sign. Section 5. Nonconforming Signs (a) Nonconforming Permanent Signs. Nonconforming permanent signs lawfully existing on the effective date of this ordinance shall be allowed to continue in use, but shall not be rebuilt, relocated or altered, other than minor alterations including routine maintenance, painting, or refacing the copy of sign, without being brought into compliance with this ordinance. After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign. (b) Nonconforming Temporary Signs. Nonconforming temporary signs existing on the effective date of this ordinance shall be brought into compliance or removed within sixty (60) days from the effective date of the ordinance. Section 6. Enforcement Procedures (a) Permanent Signs. The city shall send a notice to the owner of any permanent sign in violation of the provisions of this ordinance. The notice shall require that the owner correct all ordinance violations. If the sign is not a safety hazard, the city shall allow thirty (30) days for the owner to correct the violation. If the sign is a safety hazard the city shall take immediate action to end the hazard. (b) Temporary Signs. The city shall send a notice to the owner of all other illegal temporary signs and allow seven (7) days for the owner to correct all ordinance violations or remove the sign. (c) Removal of Signs. If the sign owner does not obey the city's orders, the city may remove or alter the sign at the owner's expense under the procedures of Sections 18 -36 through 18 -38 (Notice to Abate). The city may remove illegal signs on a public right -of -way without notice. If the city removes a sign the city may sell or dispose of it if the owner does not reclaim the sign and pay any removal costs within thirty (30) days of the sign's removal. Section 7. Prohibited Signs (a) Signs or sign structures attached or supported on balconies, fences, or other non- permanent structures. (b) Signs attached or supported on a permanently parked vehicle or semi- trailers intended to advertise a business, product, or service. Not including signs painted directly on a parked vehicle or semi - trailer used in the business or facility or on site for business purposes. (c) Signs on rocks, trees, or other natural features or public utility poles. (d) Permanent or temporary signs that have blinking, flashing, fluttering lights, or make noise. (e) Signs or sign structures that obstruct any part of a fire escape, doorway, standpipe, or opening intended to provide ingress or egress for any building structures. (f) Signs that by reason of location, color, or intensity create a hazard to the safe, efficient movement of vehicles or pedestrian traffic. No private sign shall contain words which might be 7 Packet Page Number 130 of 184 construed as traffic controls such as "stop," "caution," "warning," etc., unless such sign is intended to direct traffic on the premises. (g) Painted wall signs. (h) Roof signs. (i) Signs that advertise a product or service not sold on the property, except for billboards or other off -site signs where specifically permitted in this ordinance. Q) Signs having features or incorporating parts of any sign prohibited in this ordinance. Section 8. Signs Exempt from Regulations in this Ordinance (a) Any public notice or warning sign required to be maintained or posted by law or governmental order, rule, or regulation. (b) Flags and emblems of a political, civic, religious, or other non - commercial nature. Flags that do not meet these requirements will be considered banners and be regulated as such. (c) Any sign inside a building, not attached to an exterior window, not legible from a distance of more than ten (10) feet. (d) Traffic control signs, as defined by state law. (e) Memorial plaques, cornerstones, historical tablets, and the like (f) Seasonal displays of holiday lights and decorations that do not contain a commercial message. Section 9. Sign Permits If a sign requires a permit the property owner shall secure the sign permit prior to the construction or major alteration of such a sign. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is in compliance with the requirements of this ordinance. (a) Application The application for permission to erect or alter any such sign shall be in writing, using a current Sign Permit Application, and signed by the owner or occupant of the building. The application shall specify the location, height, dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached and total square footage of the building. Applications shall be accompanied by a sketch of the sign and any other facts the city requires for full information of the nature and safety of the proposal. An electrical permit is also required for all signs containing electrical wiring. (b) Appeals When a permit under this ordinance is denied, the administrator shall give notice to the applicant within thirty (30) days of denial, together with reasons for denial. Appeals from the 8 Packet Page Number 131 of 184 decisions of the administrator under the provisions of this ordinance shall be made to the city council. Denial shall be based on noncompliance with this ordinance. (c) Fees The city council shall set all sign permit fees annually. (d) Time Limits (1) A sign permit shall become null and void if the work for which the permit was issued has not been completed within one (1) year of the issuance or renewal. (2) All permits for the erection or alteration of signs shall be issued for the useful life of the sign. Minor alterations to an existing sign including routine maintenance, painting, or refacing the copy do not require a new sign permit. Section 10. General Regulations and Standards All signs shall be constructed in a manner and of such materials that they shall be safe and substantial and in compliance with the building ordinance. In addition, all signs containing electrical wiring shall be subject to the provisions of the current state electrical ordinance. (a) Maintenance All signs in the city, together with all of their supports, braces, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds. (b) Attachment to Buildings All signs attached to a building shall not obstruct any fire escape, exit, standpipe, or any window required for light or ventilation. The signs shall be placed flat against the building and project no further than eighteen (18) inches from the building except where specifically allowed in this ordinance. (c) Freestanding Sign Placement All signs not attached to any building or structure shall maintain at least a ten (10) foot setback from any lot line and shall not be placed in a public right -of -way unless specifically stated otherwise in this ordinance. No such sign shall project over a property line or a public right -of- way, except where allowed in this ordinance, and all required clearances from overhead power and service lines must be maintained. Signs placed near the corner of two intersecting streets shall comply with clear sight triangle requirements (refer to Article VII, Section 32 -246 through 32 -251 - Sight Obstructions at Intersections). 9 Packet Page Number 132 of 184 (d) Illumination All illuminated signs must be in compliance with the city's outdoor lighting requirements in Section 44 -20. In addition, illumination for all signs shall be constant and steady. See also Section 7.d. (Prohibited Signs). (e) Licensing All contractors installing permanent or temporary portable sign must first obtain a contractor's license prior to issuance of a sign permit or installation of a permanent or temporary portable sign as defined in the city contractor and subcontractor ordinance (Article VI). Section 11. Special Purpose and Temporary Signs Permitted in All Zoning Districts All signs listed below do not require a sign permit and shall not count towards the building or property maximum signage allowed unless otherwise noted: (a) Construction Signs One (1) construction sign is permitted just prior to or during construction of a development. Each construction sign shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000) square feet of lot area. In no case shall the area of the sign exceed sixty -four (64) square feet and ten (10) feet in height. The sign shall be removed after major construction has finished. (b) Directional Information Signs On -site directional information signs not exceeding six (6) square feet and six (6) feet in height are permitted for all types of property except single and double - dwelling lots. (c) Garage Sale Signs Garage sale signs not exceeding three (3) square feet and three (3) feet in height are permitted on private property or in the public right -of -way. No part of such sign shall be closer than five (5) feet to the street pavement or one (1) foot to a sidewalk or trail. Said sign shall not be located between the street and a sidewalk or trail. All signs shall display the actual dates of the sale and may be erected one (1) day prior to the sale and must be removed within one (1) day after the sale. (d) Menu Boards Menu boards shall not exceed sixty -four (64) square feet and six (6) feet in height. Menu boards shall not be located as to impair the vision of the driver of a vehicle traveling into, out of, or through the drive through isle. (e) No Trespassing Signs Signs not exceeding nine (9) square feet, located upon private property, and directed towards the prevention of trespassing. 10 Packet Page Number 133 of 184 (f) On -Site Real Estate Signs (1) For single and double dwelling lots, one (1) on -site real estate sign not exceeding nine (9) square feet is permitted for each street upon which the property has frontage. (2) For all other types of property, one (1) on -site real estate sign is permitted for each street upon which the property has frontage. Each sign shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000) square feet of lot area. In no case shall the area of any one sign exceed sixty -four (64) square feet or ten (10) feet in height. (3) All real estate signs shall pertain to the sale, lease, or rental of the property only and must be removed within seven (7) calendar days of the close of the property or when ninety (90) percent or more of the dwelling units on the property have been sold, leased, or rented. (g) Off -Site Directional or Open House Real Estate Signs Off -site directional or open house real estate signs not exceeding three (3) square feet and three (3) feet in height may be placed on the public right -of -way. Such sign shall include the name, address, and telephone number responsible for the sign and the date the sign was installed in the right -of -way. No part of such sign shall be closer than five (5) feet to the street pavement or one (1) foot to a sidewalk or trail. Said sign shall not be placed between the street and a sidewalk or trail. Off -site directional signs may be placed in the public right -of -way for thirty (30) days per real estate listing and open house real estate signs may be placed in the public right -of -way on the day of the open house only. (h) Off -Site Real Estate Signs Off -site real estate signs exceeding three (3) square feet may be placed on private property. Such signs require a permit, shall not be located in the public right -of -way, and the sign owner /installer must supply written permission to the city from the property owner on which property the sign is installed. Each development is limited to one such sign. The maximum area of any such sign shall be sixty -four (64) square feet and the maximum height shall be six (6) feet. The sign must be removed when at least ninety (90) percent of the dwelling units approved by the city have been sold or rented. Noncommercial Opinion Signs (1) For all types of property, one sign that expresses an opinion or a viewpoint of a non- commercial nature is allowed in addition to permanent signs as specified in Section 12 (Permitted Signs in Land Use and Zoning Districts). The noncommercial opinion sign shall not be illuminated or exceed sixteen (16) square feet and six (6) feet in height. For multiple - unit developments, the sign must be attached to the dwelling unit or placed in a location that clearly indicates ownership and does not represent the opinions of other residents in the area who have not agreed to the sign. Q) Political Campaign Signs (1) For local regular elections and referendums, political campaign signs may be posted from August 1 until ten (10) days following said election or referendum. 11 Packet Page Number 134 of 184 (2) For local special elections and referendums, political campaign signs may be posted from date of filing until ten (10) days following said special election or referendum. (3) Unsuccessful primary candidates must remove their signs within ten (10) days after any given primary. (4) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in height. (5) The number of political campaign signs on one property during an election season is limited to one (1) per candidate and one (1) per opinion /ballot issue. (6) All political campaign signs shall be setback at least five (5) feet from the edge of the nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be placed between a street and a sidewalk or trail or at any other location that obstructs driver or pedestrian visibility. The consent of the underlying property owner, if the underlying land is a public right -of -way, or the property owner fronting the proposed location, must be obtained before placement of such sign. In addition, political campaign signs are prohibited on obviously public property and utility poles. (7) In a state general election year, the size, number, and duration of political campaign sign displays shall comply with the provisions of Minnesota Statute 211.8.045, and nothing in this ordinance shall be construed as applicable except location restrictions. (k) Project Signs One (1) project sign is permitted per property just prior to or during construction. Each project sign shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000) square feet of lot area. In no case shall the area of the sign exceed sixty -four (64) square feet and ten (10) feet in height. The sign shall be removed after major construction has finished. Project signs may be utilized to advertise property for lease or sale just prior to construction, but must be used in lieu of a separate real estate sign. (1) Temporary Signs and Displays Under Twelve (12) Square Feet One (1) non - illuminated temporary sign or display under twelve (12) square feet is allowed per property (except for single and double dwelling properties) for a period not to exceed thirty (30) days total per sign. For commercial buildings with multiple occupants, each separate tenant is permitted one (1) such sign. No more than three (3) temporary signs under twelve (12) square feet shall be allowed at a property at any one time. Section 12. Permitted Signs in Land Use and Zoning Districts Sians in Park Desianated Land Use in the Maplewood Comprehensive Plan (a) Temporary sports facility sponsorship signs subject to the following required standards: (1) Approval of a comprehensive sign plan (also refer to Section 2 — Comprehensive Sign and Mural Plans). (2) The Maplewood recreation department will regulate all temporary sponsorship signs. 12 Packet Page Number 135 of 184 (3) Sponsorships collected for such signs will be used to help fund recreational facilities within the park in which they are installed. (4) Signs can be placed at baseball and softball fields, and shall be located on the outfield fences or the scoreboard, or both. Such signs shall be oriented toward the field of play. Number and size of signs dependent on approved comprehensive sign plan. (5) Signs can be placed at hockey rinks, and shall be located on the interior sides of the hockey boards. Number and size of signs dependent on approved comprehensive sign plan. (6) Signs are allowed to be installed for a period of one (1) year during the baseball, softball, or hockey season. (7) Each sign shall provide identifying information for the sponsor such as name, address, telephone number, or logo; any product advertising shall be incidental and secondary to sponsor identification. (8) Such signs shall not be illuminated except by the regular sports facility lighting during hours of use. (9) Such signs shall be maintained in good condition. (b) Park identification signs subject to the following required standards: (1) Wall Signs. One park or park building identification wall sign up to twenty -four (24) square feet per street frontage shall be allowed for each park building. The sign may be affixed to the wall of the building or an overhanging canopy or awning. (2) Monument Signs. One park identification monument sign up to thirty -two (32) square feet per street frontage shall be allowed to identify each park. Said sign shall be a maximum of six (6) feet in height. The sign shall be designed to be architecturally compatible with the park structures and buildings with the base of the sign consisting of colors and materials compatible to the structures or buildings. (3) Special Event Banners. Special event banners may be displayed for in parks for special events sponsored or approved by the city. No more than three (3) banners may be displayed per park at any one time. Each banner shall not exceed sixty -four (64) square feet. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. Signs in Residential Zoning Districts (Districts R -1, R -1 R, R -S, R -E, R -2, R -3 and all subsequent Residential Zonina Districts Adooted after the Date of this Ordinance) All signs require a sign permit unless otherwise noted. (a) Professional Occupation Signs One professional occupation sign of not more than two (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. 13 Packet Page Number 136 of 184 (b) Wall Signs One (1) wall sign up to twenty -four (24) square feet per street frontage shall be allowed for residential subdivisions and multiple -unit developments and for all legal non- residential uses excluding home occupation businesses. The sign may be affixed to the wall of the main building or an overhanging canopy or awning. (c) Monument Signs One monument sign up to thirty -two (32) square feet per street frontage shall be allowed by sign permit for residential subdivisions and multiple -unit developments and for all legal non- residential uses excluding home occupation businesses. Said sign shall be a maximum of six (6) feet in height. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the building or project. (d) Changeable Copy Message Boards Changeable copy message boards are permitted as part of a permanent freestanding monument sign or wall sign for all legal non - residential uses excluding home occupation businesses. The message board shall not comprise more than seventy (70) percent of the total square footage of said sign. (e) Temporary Banners Temporary banners may be displayed without a permit for residential subdivisions and multiple - unit developments and for all legal non - residential uses excluding home occupation businesses for a period not to exceed sixty (60) days per year, per property. No more than one (1) banner may be displayed per property at any one time. Each banner shall not exceed thirty -two (32) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. (f) Temporary Signs and Displays Over Twelve (12) Square Feet One temporary sign or display over twelve (12) square feet is permitted by sign permit for up to thirty (30) days per year, per property. However, the permit fee shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other non - profit organizations or groups for the purpose of identifying a non - commercial, one -time, or annual special event. In no case shall the area of the sign exceed thirty -two (32) square feet or the height of the sign exceeds eight (8) square feet. The time period may be extended to sixty (60) days during the first year of operation of a new business and ninety (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. Signs In the LBC (Limited Business Commercial), CO (Commercial Office), and NC (Neiahborhood Commercial) Zonino Districts All signs require a sign permit unless otherwise noted 14 Packet Page Number 137 of 184 (a) Professional Occupation Signs One (1) professional occupation sign of not more than two (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. (b) Wall Signs (1) For each occupant of a building, one (1) wall sign is allowed for each street upon which the property has frontage. The total number of wall signs may be increased by one (1) for each clearly differentiated department of a business or enterprise. (2) The total area of any one (1) wall sign shall not cover more than twenty (20) percent of the wall surface to which the sign is attached or thirty -two (32) square feet, whichever is greater. As an alternative, a wall sign may be placed on an overhanging awning or canopy as long as the wall sign does not exceed fifty (50) percent of the face of the awning or canopy, or thirty -two (32) square feet, whichever is less. (3) For multiple tenant buildings, the wall surface for each tenant or user shall include only the surface area of the exterior facade of the premises occupied by such tenant or user. (c) Freestanding Signs One freestanding sign up to sixty -four (64) square feet and ten (10) feet in height is permitted for each street upon which the building has frontage. For buildings with multiple street frontages, each additional freestanding sign must be located on a different street and each said sign must be separated by more than one hundred (100) feet measured in a straight line between the signs. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the building or project. The area around the base of the sign shall also be landscaped including the bottom of a pylon sign. (d) Changeable Copy Message Boards Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are limited to comprising no more than seventy (70) percent of the total square footage of said sign. (e) Temporary Banners (1) For single tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceed sixty (60) days total per year, per property. No more than one (1) banner may be displayed per property at any one time, except for multiple- tenant buildings (see below). (2) For multiple- tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed sixty (60) days total per year, per property. No more than one (1) banner may be displayed per separate tenant at any one time. (3) Each banner shall not exceed thirty -two (32) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. 15 Packet Page Number 138 of 184 (f) Temporary Window Signs Temporary window signs are allowed without a permit. Temporary window signs shall be neatly painted or attached to the surface of a window, but shall cover no more than fifty (50) thiFty (38) percent of the total area of the window. (g) Temporary Signs and Displays Over Twelve (12) Square Feet One temporary sign or display over twelve (12) square feet is permitted for up to thirty (30) days per year, per business. However, the permit fee shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other non - profit organizations or groups for the purpose of identifying a non - commercial, one -time, or annual special event. In no case shall more than one temporary sign or display be displayed per property at any one time. The sign or display shall not exceed thirty -two (32) square feet or eight (8) feet in height. The time period may be extended to sixty (60) days during the first year of operation of a new business and ninety (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. Signs in the BC (Business Commercial ), BC -M (Business Commercial Modified ), M -1 (Light Manufacturing ), and M -2 (Heavy Manufacturing} Zoning Districts All signs require a permit unless otherwise noted. (a) Professional Occupation Signs One professional occupation sign of not more than two (2) square feet for a residence with a permitted home occupation shall be allowed without a sign permit. (b) Wall Signs (1) For each occupant of a building, one (1) wall sign is allowed for each street upon which the property has frontage. The total number of wall signs may be increased by one for each clearly differentiated department of a business or enterprise. (2) The total size of all wall signage for single- tenant buildings is determined by the gross square footage of the principal structure on the property. The total coverage area of each wall sign, including each differentiated business, shall be based on the wall surface to which the sign is attached. 16 Packet Page Number 139 of 184 (3) The following table indicates maximum signage permitted for single- tenant buildings: Principal Structure Gross Maximum Size and Coverage Square Feet of Floor Area Area of Each Sign Less than 10,000 sq. ft 80 sq. ft. or 20% of wall face, whichever is less 10,000 to 20,000 sq. ft. 100 sq. ft. or 20% of wall face, whichever is less 20,000 to 100,000 sq. ft. 150 sq. ft. or 15% of wall face, whichever is less Greater than 100,000 sq. ft. 200 sq. ft. or 10% of wall face, whichever is less (4) The total coverage area of each wall sign for multiple- tenant buildings is ten (10) percent of the surface area of the exterior fagade of the premises occupied by such tenant, or thirty - two (32) square feet, whichever is more. (5) A wall sign may be attached to an overhanging awning or canopy, instead of the fagade of the building, as long as the wall sign does not exceed fifty (50) percent of the face of the awning or canopy, or the maximum size specified above, whichever is less. (c) Gas Station Canopies Gas stations are allowed one (1) additional wall sign that may be attached to the fagade of the building or the overhanging canopy above the pump island. The wall sign on the canopy shall not exceed fifty (50) percent of the face of the canopy, or the maximum size specified above, whichever is less. (d) Freestanding Signs (1) One (1) freestanding sign is permitted for each street upon which the property has frontage. For properties with multiple street frontages, each additional freestanding sign must be located on a different street and each sign must be separated by more than one - hundred (100) feet measured in a straight line between signs, excluding auto dealerships. (2) The total size and maximum height of each freestanding sign is determined by the street classification (as designated in the Maplewood comprehensive plan) of the closest street to which each freestanding sign is located. In the case of signs located at an intersection, the higher ranking street classification should be used to determine the maximum height and size allowable for a freestanding sign. Businesses that are located on a frontage road designed to provide safe access to minor arterials and principal arterials shall be permitted to erect a freestanding sign up to the determined maximum height and size allowable for a freestanding sign on said minor arterial or principal arterial road to which it is adjacent. 17 Packet Page Number 140 of 184 (3) The following table lists the maximum size and heights permitted for freestanding signs: Classification of Street Abutting Property Maximum Sign Size (sq. ft.) Maximum Height of Pylon Sign (feet) Maximum Height of Monument Sign (feet) Principal Arterial 180 25 12 Minor Arterial 140 20 12 Collector Street 100 15 10 Local Street 80 12 10 (4) The freestanding sign shall be designed to be architecturally compatible with the building or project, with the base of the sign, including pylon sign poles, consisting of materials and colors compatible to the building or project. (e) Changeable Copy Message Boards Changeable copy message boards are permitted as part of a permanent freestanding sign or wall sign but are limited to comprising no more than seventy (70) percent of the total square footage of said sign. (f) Auto Dealerships Auto dealerships may have one (1) freestanding sign identifying the dealership, plus one (1) freestanding sign advertising each car franchise. The maximum sign area and height for the freestanding signs shall be determined by the classification of the abutting roads, as specified above. More than one (1) freestanding sign may be allowed per street frontage provided said signs are separated by more than one hundred fifty (150) feet measured in a straight line between the signs. (g) On -Site Dynamic Display Signs (refer to Section 13 — Dynamic Display Signs). (g) Billboards (1) Off- premise billboards shall only be permitted with a conditional use permit and may only be located adjacent to a principal arterial street in the SC (shopping center), BC (business commercial), M -1 (light manufacturing), and M -2 (heavy manufacturing) districts. (2) Spacing. No billboard sign shall be located within two thousand, three hundred (2,300) feet to another billboard on the same side of the street, within one hundred (100) feet to a commercial, industrial, institutional building, or an on- premises sign, and within two hundred and fifty (250) feet to a residential district or eight hundred (800) feet to a residence. Billboards shall maintain a setback of fifty (50) feet from any property line, five hundred (500) feet to a local park, and three hundred (300) feet from the nearest intersecting street corner of two public roads. (3) Size. The maximum area of the sign face of a billboard shall not exceed four hundred fifty (450) square feet, including border and trim, but excluding base, apron supports, and other structural members. The said maximum size limitation shall apply to each side of a sign structure. Signs may be placed back -to -back or in a V -type arrangement if there are no more than two (2) sign faces, provided that the open end separation shall not exceed fifteen 18 Packet Page Number 141 of 184 (15) feet. A billboard may only display one message at a time on any sign face. The maximum height for billboards shall be thirty -five (35) feet. (4) Off -site dynamic display signs (refer to Section 13 - Dynamic Display Signs). (h) Temporary Banners (1) For single tenant buildings, temporary banners may be displayed without a sign permit for a period not to exceed sixty (60) days total per year, per property. No more than one (1) banner may be displayed per property at any one time, except for multiple - tenant buildings (see below). (2) For multiple tenant buildings, each separate tenant may display temporary banners without a sign permit for a period not to exceed sixty (60) days total per year, per property. No more than one (1) banner may be displayed per separate tenant at any one time. (3) Each banner shall not exceed sixty -four (64) square feet and must be attached to a building or other permanent structure. Banners shall be designed to be professional looking and prevented from becoming torn or weathered. Temporary Window Signs Temporary window signs are allowed without a permit. Temporary window signs shall be neatly painted or attached to the surface of a window, but shall cover no more than fifty (50) thin percent of the total area of the window. 0) Temporary Signs and Displays Over Twelve (12) Square Feet One temporary sign or display over twelve (12) square feet is permitted for up to thirty (30) days per year, per business each calendar year by sign permit. However, the permit fee shall not be charged for temporary signs and displays erected by civic organizations, religious organizations, or other non- profit organizations or groups for the purpose of identifying a non - commercial one- time or annual special event. The time period may be extended to sixty (60) days during the first year of operation of a new business and ninety (90) days for a temporary seasonal business. The city shall consider a sign displayed for part of a day as having been up for an entire day. In no case shall more than one temporary sign or display be displayed per property at any one time. The sign or display shall not exceed sixty -four (64) square feet or eight (8) feet in height. Signs in the Mixed -Use (M -U) Zoning District All signs require a permit unless otherwise noted. (a) Sign Review The community design review board shall review all signage on new buildings or developments to ensure that the signs meet mixed -use sign requirements and are architecturally compatible with the new building or development. In addition, the community design review board shall review all comprehensive sign plans as required in Section 2 (Comprehensive Sign Plan). 19 Packet Page Number 142 of 184 All signage on mixed -use buildings or developments (buildings or developments previously approved and built with mixed -use design standards) shall be reviewed by the director of community development and shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. All signage on non - mixed -use buildings or developments (buildings or developments not built with mixed -use design standards) shall be reviewed by the director of community development and shall comply with the mixed -use sign requirements, unless classified as a pre - existing nonconforming sign in which case it shall comply with Section 44 -12 (nonconforming buildings or uses). (b) Projecting Signs Projecting signs are allowed as part of the overall signage. Projecting signs may not extend more than four (4) feet over a public right -of -way and a private road or sidewalk, and must not project out further than the sign's height. (c) Overall Wall Signs Allowable area of overall wall and projecting signage for each establishment is one and one -half (1 " f2) square feet of signage per lineal foot of building or frontage on a road, public open space or private parking area, or thirty -two (32) square feet, whichever is greater. Each wall shall be calculated individually and sign area may not be transferred to another side of the building. Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the building as long as they do not exceed the requirements above. Wall and projecting signs shall not cover windows or architectural trim and detail. (d) Freestanding Signs One (1) freestanding sign for each establishment is allowed if the building is set back at least twenty (20) feet or more from the front property line. Freestanding signs must meet the following requirements: (1) Limited to six (6) feet in height and forty (40) square feet. (2) Maintain a five (5) foot setback from any side or rear property line, but can be constructed up to the front property line. (3) Must consist of a base constructed of materials and design features similar to those of the front fagade of the building or development. (4) Must be landscaped with flowers or shrubbery. Section 13. Dynamic Display Signs (a) Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. In such a case, drivers may watch a sign waiting for the next change to occur. Drivers also are distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers could be more distracted by special effects used to change the message, such as fade -ins and fade -outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. 20 Packet Page Number 143 of 184 Due to these public safety concerns, the city should only allow the use of these technologies with certain restrictions. The restrictions are intended to minimize driver distraction, to minimize their proliferation in residential districts where signs can adversely impact residential character, and to protect the public health, safety, and welfare. Local spacing requirements could interfere with the equal opportunity of sign owners to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact on drivers would be compounded in a traffic corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a limit on display times on dynamic signs is in the public interest. A constant message is typically needed on an on -site sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way - finding purpose and could adversely affect driving conduct through last- second lane changes, stops, or turns, all of which could result in traffic accidents. In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off and on -site signs but with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. (b) Noncommercial dynamic display signs are allowed wherever commercial dynamic display signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this ordinance. (c) Standards for all dynamic display signs: (1) The images and messages displayed on the sign must be complete in themselves, without continuation in content to the next image or message or to any other sign; (2) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, twelve (12) inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (3) Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notified by the city that it is not meeting the standards of this ordinance. (4) Dynamic display signs must meet the brightness standards contained in subdivision (h) below. (d) On -site dynamic display signs are allowed subject to the following conditions: 21 Packet Page Number 144 of 184 (1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M -2 and M -1) zoning districts only. (2) The images and messages displayed on the on -site dynamic display sign must be static and each display must be maintained for a minimum of two minutes; and the transition from one static display to another must be instantaneous without any special effects. (3) Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than fifty (50) percent of the total square footage of said sign face. (4) Must be located at least two hundred (200) feet from any property where there are structures used for residential purposes or from any park or open space land use district. (5) Must be located at least one hundred (100) feet from any side property line (6) Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. (e) Off -site dynamic display signs are allowed subject to Section 12 (Billboard Signs in BC, BC- M, M -I, and M -2), the above - mentioned standards for all dynamic display signs, and the following additional condition: (1) The images and messages displayed on the sign must be static and each display must be maintained for a minimum of fifteen (15) seconds and the transition from one static display to another must be instantaneous without any special effects. (f) Incentive. Off -site signs do not need to serve the same way - finding function as do on -site signs and they are distracting and their removal serves the public health, safety, and welfare. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off -site signs in certain settings. This sign removal results in an overall advancement of one or more of the goals set forth in this that should more than offset any additional burden caused by the incentive. These provisions are also based on the recognition that the incentive creates an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout Maplewood. (g) Reduction of Sign Surfaces (1) A person or sign operator may obtain a permit for a dynamic display sign on one surface of an existing off -site sign if the following requirements are met: a) The applicant agrees in writing to reduce its off -site sign surfaces by one by permanently removing, within fifteen (15) days after issuance of the permit, one surface of an off -site sign in the city that is owned or leased by the applicant, which sign surface must satisfy the criteria of part (2) of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city's costs for that removal. The applicant must also agree that it is 22 Packet Page Number 145 of 184 removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off- site sign with a dynamic display sign does not constitute a removal of a sign surface. b) If the removed sign surface is one that a state permit is required by state law, the applicant must surrender its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until the sign owner or operator provides proof to the city that the state permit has been surrendered. (2) If the applicant meets the permit requirements noted above, the city shall issue a dynamic display sign permit for the designated off -site sign. This permit will allow a dynamic display to occupy one hundred (100) percent of the potential copy and graphic area and to change no more frequently than once every fifteen (15) seconds. The designated sign must meet all other requirements of this ordinance. (h) Brightness Standards. (1) The following brightness standards are required for all dynamic display signs: a) No sign shall be brighter than is necessary for clear and adequate visibility. b) No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (2) The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made within one hour upon notice of non - compliance from the city. (3) All dynamic display signs installed after the date of adoption of the Dynamic Display Sign Ordinance (August 20, 2008) must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour after being notified by the city that it is not meeting the standards of this ordinance. (4) In addition to the brightness standards required above, dynamic display signs shall meet the city's outdoor lighting requirements (Section 44- 20(1)). (i) Public Safety. If city staff determines that a dynamic display sign is not being operated pursuant to this ordinance due to its location or display capabilities, city staff can require that the sign be moved, removed, or modified after notice to the property owner. 0) Licensing. No person shall operate an off -site or on -site dynamic display sign in the city without first obtaining a yearly license as defined in the city licensing ordinance (Article II). 23 Packet Page Number 146 of 184 The city council approved the first reading of this ordinance on November 23, 2009. The city council approved the second reading of this ordinance on January 25, 2010. Will Rossbach, Mayor Attest: Karen Guilfoile, City Clerk 24 Packet Page Number 147 of 184 Attachment 2 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA (PARTIAL MINUTES) TUESDAY, DECEMBER 08, 2009 CALL TO ORDER Chairperson Ledvina called the meeting to order at 6:02 p.m. 11. ROLL CALL Boardmember Jason Lamers Present Chairperson Matt Ledvina Present Boardmember Michael Mireau Absent Boardmember Ananth Shankar Present Vice Chairperson Matt Wise Absent Staff Present: Michael Martin, Planner Shann Finwall, Environmental Planner Ginny Gaynor, Natural Resources Coordinator V. UNFINISHED BUSINESS a. Sign ordinance Amendments Planner Shann Finwall updated the board on the adoption of the first reading by the city council of the sign ordinance amendments. Planner Finwall explained neighboring communities' sign ordinance regulations regarding window signs and presented photos showing examples. Boardmember Shankar said he prefers sign coverage to consist of 50 percent of the glass on each window pane and also, zero percent coverage on the door glass as a safety issue. Planner Finwall said she would review with the building official the 50 percent coverage on door glass and get some feedback on the safety issue. The board decided that the window sign coverage recommendation should remain at 50 percent and the door glass coverage should be reviewed by staff. Planner Finwall explained the neighboring communities' regulations on off -site real estate directional signs. The board discussed the acceptable time for off -site real estate directional signs to be in the right - of -way and changed their recommendation from 30 days to 14 days for these signs to be allowed. The board discussed portable temporary signs and recommended that the city require a deposit, in addition to the temporary sign permit fee, which would be returned if the applicant abides by the city's sign permit and ordinance requirements. The board reviewed the off -site directional signs for nonprofits and looked at neighboring cities regulations. The board recommended that these signs be allowed for nonprofits such as places of worship, hospitals, nursing homes, parks and schools and should be approved by the government body responsible for the right -of -way on which the sign is installed. The board also recommended that signs be limited to four square feet with a maximum number of three signs per nonprofit. Boardmember Ledvina volunteered to attend the city council meeting as board representative for the second reading on January 25. Packet Page Number 148 of 184 Attachment 3 January 15, 2010 Spann Finwall, AICP Planner City of Maplewood 1830 County Road B East Maplewood, MN 55109 Dear Ms. Finwall, During a recent meeting of the Association's Government Affairs committee we discussed the proposed modifications to the City of Maplewood's sign ordinance. I informed the committee that the Design Review= Board and subsequently the City Council had agreed with our position to allow multiple open house signs at intersections within prescribed times. Also mentioned was the desire of the city to have directional signs bear the owners' contact information along with a time limit said signs could remain in public view. As such the Government Affairs committee and the members of the Saint Paul Area Association of REALTORS OP appreciate the consideration and approval of our open house sign regulations recommendations. While we recognize the desire of the city to regulate the time period directional signs appear in public view we are concerned about the enforcement of these restrictions. However, we have no intention of actively opposing the request that all directional signs carry the name and contact telephone number of its owner during its second reading on January 25. We hope and expect that all directional signs, not just real estate related signs will receive the same scrutiny and enforcement. Our Association will readily work with the City of Maplewood in informing its members of the approved sign ordinance to minimize any violations. Once again, we thank you for working with our industry in finding compromise with its on this matter. Regards, B. Patrick Ruble, Government Affairs Director Cc: SPAAR Government Affairs Committee Packet Page Number 149 of 184 Attachment 4 Major Changes Proposed in the Maplewood Sign Code January 2010 Temporary Signs Temporary Portable Signs: The ordinance currently allows temporary portable signs under 16 square feet to be installed on business property with no permit and no duration or maximum number. Temporary signs over 16 square feet are only allowed with a permit. The permit is valid for 30 days per year, per business. The proposed ordinance would now limit portable temporary signs under 12 square feet to one per property without a permit and signs over 12 square feet to one per property with a permit. These signs can be installed for a maximum of 30 days per year for each property. For businesses with multiple occupants, each separate tenant is permitted one sign under 12 square feet with no more than three signs allowed on the property at any one time and only one sign over 12 square feet at any one time. Commercial Window Signs: The ordinance currently allows businesses to place signs in windows not to exceed 75 percent of the total area of the window with no time duration. The proposed ordinance would allow businesses to place signs in the window not to exceed 50 percent of the total area, with no time limit. Off -Site Real Estate Signs: The ordinance currently allows off -site real estate signs from 12 noon until 8 p.m. on the weekdays and from 6 a.m. Saturday to 8 p.m. on the last day of the weekend. The proposed ordinance will allow off -site directional real estate signs and open house signs in the right -of -way. Off -site directional real estate signs are limited for 30 days per real estate listing and must have the contact information and date of installation clearly marked on the sign. Open house signs are allowed on the day of the open house only with no contact information or date requirements as specified for directional signs above. Temporary Banners: The current ordinance allows temporary banners up to 150 square feet, or 20 percent of the gross wall area of the building. Banners are allowed for up to 30 days with no limit on the number of banners per business. The city may allow exceptions to these requirements if the applicant can show there are unusual circumstances with the request. The proposed ordinance would allow one banner up to 32 or 64 square feet (depending on the zoning district) for up to 60 days per year, per property. No more than one banner may be displayed per property at any one time, except for multiple- tenant buildings which allow up to three. Opinion Signs: The current ordinance does not address signs that express a viewpoint of a non- commercial nature. The proposed ordinance would limit such signs to one per property, up to 16 square feet per property. In addition, the code includes a substitution clause which allows the substitution of noncommercial messaging on any permitted sign. Political Campaign Signs: The city adopted a change to the political campaign sign ordinance in August 2005. The new ordinance applies during local elections only and restricts the size of political campaign signs to 16 square feet, the number of signs to one per candidate per property, and timeframe for placement from August 1 to 10 days after an election. Packet Page Number 150 of 184 The proposed ordinance expands on that language to cover special elections. It allows political campaign signs to be posted for special elections or referendums from the date of filing until ten days following the special election or referendum. In addition, language was added to require unsuccessful primary candidates to remove their political campaign signs ten days after the primary election. Commercial Signs (Areas Zoned LBC, CO, NC, BC, BC -M, M1, and M2) Wall Signs: The current ordinance allows wall signs up to 20 percent of the gross wall area on which it is attached for all commercial areas. The proposed ordinance would change the calculation of wall signage allowance in the BC, BC -M, M1 and M2 districts to the gross square footage of the principal structure on the property as follows: Principal Structure Gross Sq. Ft. of Floor Area Maximum Size and Coverage Area of Each Sign Less than 10,000 sq. ft 80 sq. ft. or 20% of wall face, whichever is less 10,000 to 20,000 sq. ft. 100 sq. ft. or 20% of wall face, whichever is less 20,000 to 100,000 sq. ft. 150 sq. ft. or 15% of wall face, whichever is less Greater than 100,000 sq. ft. 200 sq. ft. or 10% of wall face, whichever is less The proposed wall sign ordinance for the LBC, CO, and NC districts will remain 20 percent of the gross wall area on which it is attached. Freestanding Signs: The current ordinance regulates freestanding sign size and height within the BC, BC -M, M1, and M2 districts based on the size of the lot and setback of the sign. The maximum freestanding size allowed is 300 square feet and the maximum height is 50 feet. The proposed ordinance will base the size of freestanding signs on the street classification of the closest street to which each freestanding sign is located as follows: Classification of Street Maximum Sign Size (sq. ft.) Maximum Height of Pylon (feet) Maximum Height of Monument Sign feet Principal Arterial 180 25 12 Minor Arterial 140 20 12 Collector Street 100 15 10 Local Street 80 12 10 The current ordinance allows freestanding signs within the LBC, CO, and NC up to 80 square feet and 25 feet high. The proposed ordinance will allow a maximum of 64 square feet and 10 feet high. Billboards The current ordinance allows billboards in commercial areas with a sign permit. The proposed ordinance would allow the construction of billboards with the approval of a conditional use permit. In addition, billboards can be located adjacent to a principal arterial street in the SC, BC, M -1, and M -2 districts and must maintain a distance of 250 feet to a residential district or 800 feet to a residence. Dynamic Display Signs In August 2008 the Maplewood city council adopted a dynamic display sign ordinance. Dynamic display signs are designed for outdoor use and are capable of displaying a video signal, such as a light- emitting diode (LED) display. On -site dynamic display freestanding signs must be set back 200 feet from residential property andl00 feet from a side property line, dynamic display cannot exceed 50 percent of the entire sign area, must be licensed, and is limited to two- minute changeovers. These regulations are included in the new ordinance. 2 Packet Page Number 151 of 184 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 152 of 184 Agenda Item 11 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Tom Ekstrand, Senior Planner Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: 2030 Comprehensive Plan Update and Surface Water Management Plan DATE: January 14, 2010 INTRODUCTION The Metropolitan Council has completed its review of the City of Maplewood's draft 2030 Comprehensive Plan. At the Metropolitan Council's December 9, 2009 meeting, the council voted to authorize Maplewood to officially adopt the draft plan. In addition, the city's surface water management plan is also ready for final adoption. The surface water management plan is a standalone document but an executive summary is included in the 2030 Comprehensive Plan. DISCUSSION 2030 Comprehensive Plan After the June 1, 2009 city council meeting, staff submitted the comprehensive plan to the Metropolitan Council for its official review. The Metropolitan Council reviewed the plan for conformance to regional systems plans, consistency with Metropolitan Council policies and compatibility with the plans of adjacent and affected governmental units. The Metropolitan Council found Maplewood's plan to be compliant in all three areas, but did request that some modifications and additions be made to the plan. Changes that were made to the plan are outlined below and organized by chapter and include page number where the change can be found. Chapter 2 Community Profile Existing Land Use — The Metropolitan Council requested an updated Figure 2.1 to display existing land use, instead of the city's current land use plan map. Forecasts — The Metropolitan Council asked the city to use a revised set of population and household forecasts. The revised forecasts were a direct impact of the 2007 approved Gladstone Area Plan and had already been approved by the City of Maplewood. The increases are marginal and do not impact any of the policies set by the comprehensive plan. The updated tables can be found on pages 2 -1 and 2 -2. Chapter 5 Land Ilse Land Use — Clarifying language has been added to the Mixed Use and Rural /Low Density Residential categories as requested by the Metropolitan Council. The added language for the Rural /Low Residential designation is "If appropriate densities are achieved in new developments, they will be sewered" and can be found on page 5 -15. Packet Page Number 153 of 184 The added language for the Mixed Use designation is "This district would lean residential, with at least 50 percent of development being residential in nature" and can also be found on 5 -15. Aggregate Resource Protection — A map of the city's aggregate resources has been added to the land use chapter. Along with the map, there is language that sets policy towards those resources. This can be found on page 5 -18. Aviation — On page 5 -18, language has been added that addresses protection of the region's general airspace. Implementation — On pages 5 -20 through 5 -22 language has been added regarding implementation of the comprehensive plan. Chapter 8 — Transportation Forecasts and Transportation — The Metropolitan Council requested Table 8.1 be updated using revised forecasts. Also language on page 8 -6 has been updated to correctly state the plans for the Rush Line corridor. Appendices Implementation — The city's 2010 -2014 Capital Improvement Plan has been added as Appendix B. Also, the inclusion of this appendix is referenced in the table of contents and on page 5 -20. Surface Water Management Plan In 1995, the Metropolitan Land Planning Act was amended to require that comprehensive plans include a surface water management plan. Surface water management plans are crucial in helping the region meet the challenges of cost- effective management of water quality and quantity. The full surface water management plan identifies several key issues related to storm water management that the city is likely to encounter in the coming years. These issues include: meeting the requirements of nondegradation standards and impaired waters programs, addressing localized flooding problems, meeting the challenges of an increased need for maintenance of the public and private stormwater system, and coordinating efforts with natural resource improvement areas to find more cost - effective approaches. The issues will require a need for continued long -term financial commitments and likely increased funding for the surface water management program into the future. Because the plan is detailed and lengthy, only the executive summary is included in the overall 2030 Comprehensive Plan. The full plan has been included for the City Council's review on the compact disk attached. The surface water management plan was also reviewed by the Capitol Region, Valley Branch, and Ramsey Washington Metro watersheds and found to be consistent with those agencies plans. Packet Page Number 154 of 184 Next Steps Once the city council adopts the 2030 Comprehensive Plan, the City of Maplewood will have nine months by state statute to revise the zoning maps and zoning ordinance to be consistent with the updated plan. Below is an outline of the zoning map and text amendments that staff has identified. In addition to the zoning updates, staff will be revising and updating the city's surface water ordinances. Zoning Map Revisions The following zoning map revisions should be routine. The city council, in adopting the land use plan update, will determine these zoning map changes shall be made to match the comprehensive land use plan designations. Attached to this report is a city -wide map indicating the areas of needed zoning map amendments. 1. Rezone the Parkside Neighborhood to show Mixed -Use zoning in the triangular area bounded by Highway 61, Larpenteur Avenue and Parkway Drive. 2. Rezone the Kohlman Lake Neighborhood from M1 to R3 (multiple - dwelling residential) for the land south of the Nygard property. 3. Rezone from M1 (light manufacturing) to a commercial classification for the areas fronting on Highway 61 and Highway 36. These are areas the Plan Update reclassified from M1 to C (commercial). Options are establishing a specific highway commercial zoning district or rezone these areas to BC (business commercial) with some amended code language as needed. 4. Rezone the two lots east of Menards in the Sherwood Glen Neighborhood from M1 to R1 (single dwelling residential). 5. Rezone the Sherwood Glen Neighborhood west of White Bear Avenue, across from the MCC, from M1 to Mixed Use. 6. Rezone the Gladstone Neighborhood in the redevelopment area to Mixed Use. 7. Rezone the Carver Ridge Neighborhood to include the Mixed Use zoning on the Bailey Property. Zoning Ordinance Amendments 1. Amend R -1 R district to be consistent with the 2030 Comprehensive Plan. 2. Amend the BC district requirements or create a "highway zoning district" for the M1 lots that front along Highway 36 and Highway 61 to reflect the comprehensive plan change of these areas from M1 to C. 3. Write Mixed -Use Ordinances as needed for the several new areas planned as Mixed Use in the city. This may not be necessary upon review and verification that our current Mixed Use Zoning ordinance adequately covers all Mixed Use development area needs. Packet Page Number 155 of 184 Tentative Schedule Month Action Needed .• •- February a. Rezone to Mixed Use — Highway 61 and Larpenteur Avenue b. Rezone two lots east of Menards —M1 to R1 March a. Rezone M1 to R3 south of Nygard on Highway 61, south of C b. Rezone land across White Bear Avenue from MCC to Mixed Use April a. Rezone Gladstone Redevelopment area to Mixed Use May a. Rezone the Bailey Property to Mixed Use Text Changes June a. Amend the R -1 R district to be consistent with 2030 Comprehensive Plan. July a. Amend the BC regulations or create a "Highway Zoning" ordinance b. Rezone the properties fronting on Highways 36 & 61 from M1 to commercial August a. Write a Mixed Use ordinance language as may be needed. The city council's review will follow the planning commission's review in the next two to four weeks. Summary Staff will use the above schedule for the necessary zoning map and zoning text amendments. Assuming the city council grants final adoption of the 2030 Comprehensive Plan Update on January 25, 2010, the city will have until October 25, 2010 to complete the above zoning - related changes. Procedure to Follow for Zoning Map Revisions • Planning commission holds a public hearing for each proposed zoning map change. • City council reviews the planning commission's recommendation and approves the change. Procedure to Follow for Zoning Ordinance Amendment Planning commission reviews each proposed ordinance amendment. City council holds a public hearing and moves first reading. City council holds second reading and reviews the proposal again. Packet Page Number 156 of 184 Staff recommends that the city council adopt the 2030 Comprehensive Plan dated January 25, 2010, which will guide the city in planning for physical, social and economic development. Staff further recommends that the city council adopt the Surface Water Management Plan dated January 25, 2010, which will provide for the use, management, improvement and protection of the city's surface water resources. Attachments: 1. Metropolitan Council letter, dated December 11, 2009 2. City -wide map indicated needed zoning map amendments 3. Draft 2030 Comprehensive Plan and Surface Water Management Plan, dated January 25, 2010 (separate attachment CD) Packet Page Number 157 of 184 Attachment 1 AAA cif _® Dec in cr 11.2(x09 wt�.r. V. Ill.. {'t a "t`f` {IIfI1t9�. >t'i? 3 90 Robert St cc�( Nw t11 o St. KI! i3, AIN 1551 D 1 1805 (65i) f502- 1000 - ,1 Fax 1 65 ) 6103 1:550 - "1 FY (65,1) 291 -0904 Ar. r . Il,al: =ar« ,t '.,:. ,:,. Packet Page Number 158 of 184 Packet Page Number 159 of 184 Committee Report Community Development Committee Item: 2009-413 Environment Committee For the Metropolitan Council meeting of December 9, 2009 Subject: City of Maplewood 2030 Comprehensive Plan Update Review File No. 20628-1 Tier 11 Comprehensive Sewer Plan Proposed Action That the Metropolitan Council adopt the attached Advisory Comments and Review Record and take the following actions: Recommendations of the Community Development Committee: 1. Authorize the City of Maplewood to put its 2030 Comprehensive Plan Update into effect. 2. Advise the City to: a. Implement the advisory comments for Transportation and Mississippi River Critical Area. b. Participate in the Council's activities to monitor redevelopment in developed communities. Recommendation of the Environment Committee: Approve the City of Maplewood's Tier II Comprehensive Sewer Plan. Summary of Committee Discussion / Questions Community Development Committee Senior Planner Lisa Barajas presented the report and proposed actions to the Committee. Council member Wulff inquired about the status of the project in Maplewood that recently received a grant extension. Livable Communities staff indicated that they would check into that status and report back. The Committee unanimously adopted the proposed actions. Environment Committee Motion to approve the City of Maplewood's Tier 11 Comprehensive Sewer Plan was made, seconded, and accepted unanimously. Packet Page Number 160 of 184 Business Item Community Development Committee Item: 2009-413 Meeting date: November 16, 2009 Environment Committee Meeting date: November 10, 2009 Subject: City of Maplewood 2030 Comprehensive Plan Update Review File No. 20628-1 Tier 11 Comprehensive Sewer Plan District(s),, Member(s): District 11, Council Member Georgeanne Hilker, 651-426-1750 Policy/Legal Reference: Minnesota Statutes Section 473.175 Staff Prepared/ Presented: LlsaBeth Barajas, Principal Reviewer, 651-602-1895 Phyllis Hanson, Local Planning Assistance Manager, 651-602-1566 Kyle Colvin, Engineering Services Asst. Manager, 651-602-1151 Division/ Department: Community Development / Planning & Growth Management Environmental Services / Engineering Service Proposed Action That the Metropolitan Council adopt the attached Advisory Comments and Review Record and take the following actions: Recommendations of the Community Development Committee: 1. Authorize the City of Maplewood to put its 2030 Comprehensive Plan Update into effect. 2. Advise the City to: a. Implement the advisory comments for Transportation and Mississippi River Critical Area. b. Participate in the Council's activities to monitor redevelopment in developed communities. Recommendation of the Environment Committee: Approve the City of Maplewood's Tier 11 Comprehensive Sewer Plan. Packet Page Number 161 of 184 1 ADVISORY COMMENTS City of Maplewood 2030 Comprehensive Plan Update and Tier 11 Comprehensive Sewer Plan Review File No. 20628-1 - Council Business Item No. 2009-413 The following Advisory Comments are part of the Council action authorizing the City to implement its 2030 Comprehensive Plan Update ("Update") and approving the City's Tier 11 Comprehensive Sewer Plan: Community Development Committee 1. The Council-adopted Local Planning Handbook states that the City must take the following steps: a. Adopt the Update in final form after considering the Council's review recommendations; and b. Submit one electronic copy and one hard copy of the Update to the Council. The electronic copy must be organized as one unified document. c. Submit to the Council a copy of the City Council resolution evidencing final approval of the Update. 2. The Council's Handbook also states that local governments must formally adopt their comprehensive plans within nine months after the Council's final action. If the Council has recommended changes, local governments should incorporate those recommended changes into the plan or respond to the Council before "final approval" of the comprehensive plan by the governing body of the local governmental unit. (Minn. Stat. § 473.858, subd. 3) 3. Local governmental units must adopt official controls as described in their adopted comprehensive plans and must submit copies of the official controls to the Council within 30 days after official controls are adopted. (Minn. Stat. § 473.865, subd. 1) 4. Local governmental units cannot adopt any official controls or fiscal devices that conflict with their comprehensive plans or which permit activities in conflict with the Council's metropolitan system plans (Minn. Stat. §§ 473.864, subd. 2; 473.865, subd. 2). If official controls conflict with comprehensive plans, the official controls must be amended within nine months following amendments to comprehensive plans (Minn. Stat. § 473.865, subd. 3). Environment Committee 1. The Council- approved Tier II Comprehensive Sewer Plan becomes effective only after the Update also receives final approval from the City's governing body. After the Update receives final approval from the City and the Tier 11 Sewer Plan becomes effective, the City may implement its Update to alter, expand, or improve its sewage disposal system consistent with the Council - approved Tier If Sewer Plan. 2. A copy of the City Council resolution adopting its Update, including the Tier II Sewer Plan, must be submitted to the Council. Packet Page Number 162 of 184 N:�CommDevtiLPAICommunities�Maplewood�Reports�Maplewood 2009 CPU 20628-1 committee repott.doc 2 The City of Maplewood is located in eastern Ramsey County and is bordered by the City of Vadnais Heights and the City of White Bear Lake to the north, the City of Mahtomedi to the northeast, the City of North St. Paul and the City of Oakdale to the east, the City of Woodbury to the southeast, the City of Newport to the south, the City of St. Paul to the south and southwest, and the City of Roseville and the City of Little Canada to the west. The 2030 Regional Development Framework designates the City as a "Developed" geographic planning area (see Figure 2). The City submitted its 2030 Comprehensive Plan (Update) to the Council for review to meet the Metropolitan Land Planning Act requirements (Minn. Stat. 473.175) and the Council's 2005 System Statement requirements. Rationale 1. Does the proposed Update conform to Regional Systems Plans? 2. Is the Update consistent with Metropolitan Council policies? 3. Is the Update compatible with the plans of adjacent governmental units and plans of affected special districts and school districts? Conformance with Regional Systems Plans: 1. Regional Parks 2. Transportation, including Aviation 1 i =- Irm 3. Water Resources Management Yes (Wastewater Services and Surface Water Management) Consistent with Council Policy Requirements: 1. Forecasts Yes 2. Housing Yes 3. 2030 Regional Development Framework and Land Use Yes 4. Individual Sewage Treatment Systems (ISTS) Program Yes Yes Compatible with the Plans of Adjacent Governmental Units and Plans of Affected Special Districts and School Districts 1 1. Compatible with other plans Yes Funding None. Known Support / Opposition There is no known opposition. Packet Page Number 163 of 184 N:�CommDev\LPA`Communities�Maplewood\Reports\Mapiewood 2009 CPU 20628-1 committee reportdoc 3 Review of the City of Maplewood 2030 Comprehensive Plan Update P If-A 10110 The Metropolitan Land Planning Act (MLPA) requires local units of government to submit comprehensive plans (plans) and plan amendments to the Council for review and comment (Minn. Stat. § 473.864, Subd. 2). The Council reviews plans to determine: • Conformance with metropolitan system plans, • Consistency with other adopted Plans of the Council, and • Compatibility with the Plans of other local jurisdictions in the Metropolitan Area. The Council may require a local governmental unit to modify any plan or part thereof if, upon the adoption of findings and a resolution, the Council concludes that the Update is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans (Minn. Stat. g 473.175, Subd. 1). Each local government unit shall adopt a policy plan for the collection, treatment and disposal of sewage for which the local government unit is responsible, coordinated with the Metropolitan Council's plan, and may revise the same as often as it deems necessary. Each such plan shall be submitted to the Council for review and shall be subject to the approval of the Council as to those features affecting the Council's responsibilities as determined by the Council. Any such features disapproved by the Council shall be modified in accordance with the Council's recommendations (Minn. Stat. § 473.513). CONFORMANCE WITH REGIONAL SYSTEMS Regional Parks Reviewer: Jan Youngquist, CD - Regional Parks System Planning, (651-602-1029) The Update conforms to the 2030 Regional Parks Policy Plan. The Update acknowledges the regional park system facilities in the City, which include: Phalen-Keller Regional Park, Battle Creek Regional Park, Bruce Vento Regional Trail, and Afton Bluffs Regional Trail. The Gateway State Trail, which is managed by the Minnesota Department of Natural Resources, also traverses the City. The Update facilitates long-range planning for Battle Creek Regional Park by guiding the future land use of inholding properties as "Park." Transportation Roads and Transit Reviewer: Ann Braden, MTS - Systems Planning, (651-602-1705) The Update conforms to the 2030 Transportation Policy Plan (TPP), adopted in 2004, and addresses all the applicable transportation and transit requirements of a comprehensive plan. The City is served by segments of several principal arterials: 1-94, 1-694, I-35E, and TH 36, as well as a number of "A" Minor Arterials and collectors. The City is within the Metropolitan Transit Taxing District. The central portion of the City is within Market Area II, with the remaining portion in Market Area Ill. Service options for Market Area 11 include regular-route locals, all-day expresses, small vehicle circulators, special needs paratransit (ADA, seniors), and ridesharing. Service options for Market Area Ill include peak-only express, small vehicle circulators, midday circulators, special needs paratransit (ADA, seniors), and ridesharing. Packet Page Number 164 of 184 N. \CommDevlLPA kCommunitiesIMaplewoodIReportslMaplewood 2009 CPU 20628-1 committee report.doc 4 Advisory Comments 1 1 The City should be aware that, although the segment of 1-35E in the City was identified as an expansion project in the TPP adopted in 2004, the TPP adopted in 2009 indicates that the region will not have sufficient financial resources to build all of these expansion projects by 2030. The plan identifies this segment of 1-35E as one of 12 projects that must be reassessed in an attempt to reduce its costs while still achieving substantial capacity expansion benefits. Aviation Reviewer. Chauncey Case, MTS - Systems Planning (651-602-1724) The Update conforms to the TPP and is consistent with Council aviation policy. Water Resources Management Wastewater Service Reviewer: Kyle Colvin, ES - Engineering Services, (651-602-1151) The Update conforms to the 2030 Water Resources Management Policy Plan (WRMPP). The Update summarizes the City's vision for the next 20 years or to year 2030. It includes growth forecasts that are consistent with the Council's recommended forecasts for population, households, and employment. Current wastewater treatment services are provided to the City by the Metropolitan Council Environmental Services. Wastewater generated within the City is conveyed to and treated at the Metropolitan Council's Metropolitan Wastewater Treatment Plan located in St. Paul. The City's wastewater conveyance service is provided by multiple Council Interceptors. The Update projects that the City will have 18,150 sewered households and 44,500 sewered employees by 2030. The Metropolitan Disposal System, with its scheduled improvements, has, or will have, adequate capacity to serve the City's growth needs. The Update provides sanitary flow projections in 10-year increments. The rationale for the projections is given in the Update and determined appropriate for planning for local services. The City has been identified as a community impacted by wet weather occurrences. The City is currently on the Council's list of communities having an I/I reduction goal. The City has committed to mitigating excessive I/I at levels equal to the Council's surcharge amount. The Update includes a description of a reduction plan, which includes identifying and addressing 1/1 issues in the public sanitary sewer system. The current capital improvement plan (CIP) for the City includes activities to address illegal sump pump connections. Tier ZZ Comments The Tier II Sewer Element of the Update has been reviewed against the requirements for Tier 11 Comprehensive Sewer Plans for Developed communities. It was found to be complete and consistent with Council policies. Upon adoption of the Update by the City, the action of the Council to approve the Tier 11 Plan becomes effective. At that time, the City may implement its Update to alter, expand, or improve its sewage disposal system consistent with the approved Tier 11 Sewer Plan. A copy of the City Council resolution adopting the Update needs to be submitted to the Metropolitan Council for its records. Surface Water Management Reviewer. Judy Sventek, ES - Water Resources Assessment, 651-602-1156 The Update conforms to the WRMPP for local surface water management. The City lies within the Ramsey Washington Metro, Valley Branch, and Cap%l& s; a e ?9iong a er m t er qFd T age 0?184he N:\CommDevlLPA�Communities\MaplewoodtReportskMaplewood 2009 CPU 20628-1 committee report.doc Board of Water and Soil Resources (BWSR) approved the Ramsey Washington Metro Watershed District's latest watershed management plan in 2007. BWSR approved the Valley Branch and Capitol Region Watershed Districts' watershed management plans in 2005 and 2000 respectively. The City prepared a Surface Water Management Plan (SWMP) in 2009 that was reviewed under separate cover. A revised SWMP was submitted to the Council in August 2009. The revised SWMP was found to be generally consistent with Council policy and with the Council's WRMPP. CONSISTENCY WITH COUNCIL POLICY Forecasts Reviewer. Todd Graham, CD - Research, (651-602-1322) The Update, with supplemental information submitted October 2009, is consistent with regional policy for forecast-related content. In 2007, the Metropolitan Council revised the City's 2030 forecasts upward to 18,150 households and 40,900 population, in conjunction with the Gladstone Area Plan Amendment (Review File No. 18153-3, Business Item 2007-212). These forecasts are used through the Update and shown in Table 1 below. Table 1. City of Maplewood Forecasts Population 37,500 38,500 40,900 Households 15,600 16,650 18,150 loyment 36,600 41,000 44,500 2030 Regional Development Framework and Land Use Reviewer. Lisa Barajas, CD - Local Planning Assistance, (651-602-1895) The Update is consistent with the 2030 Regional Development Framework (RDF), which designates the City as a Developed geographic planning area. The RDF directs Developed communities to renew and improve infrastructure, buildings, and land to provide for additional growth, particularly at centers along transit corridors; and to support developments that integrate land uses. Developed communities are also expected to accommodate forecasted residential growth through reinvestment at appropriate densities (5 units plus in developed areas and target higher density in locations with convenient access to transportation corridors and with adequate sewer capacity. The Update establishes goals and objectives to encourage innovative concepts in new development or redevelopment that provide access to a variety of transportation systems, link life-cycle housing to employment and shopping opportunities, and protect natural resources and open space. The Update also describes goals to coordinate land use planning with transportation, encourage attractive commercial and industrial development while limiting its impacts on surrounding uses, and to promote efficient commercial and industrial expansion in the City. The City has identified 1,076 acres of land available for development. Due to the unusual shape of the community with a long, narrow extension to the south and having access to several metropolitan highways in different locations, much of this undeveloped land is scattered throughout the community. The City is guiding 327 acres of this land for Low Density Residential (2.6 to 6.0 units per acre), 324 acres for Medium Density Residential (6.1 to 10.0 units per acre), 134 acres for High Density Residential (10.1 to 25 units per acre), and 95 acres for Mixed Use (6.0 to 31.0 units per acre). p - [ bagA*R9n(Wr fPgftf 184 N: lCommDevALPA icommunitieskMapiewoodlReportslMaplewood 2009 CPU 20628-1 committee report doc development and redevelopment between now and 2030 results in a net density of at least 5.4 units per acre, consistent with the Council's policy for sewered residential development in Developed communities (see Table 2 below). Table 2. Density Calculation for Development and Redevelopment, 2010-2030 The Update also guides 49 acres for Commercial and Office use. The Commercial guiding is largely concentrated along the U.S. Highway 61 corridor north of the intersection with TH 36, along the Highway 36 corridor, and along the 1-694 corridor in the northern part of the City. The higher density residential land uses are also located in those areas, with scattered pockets of Medium and High Density guiding in the rest of the City. Advisory Comment The City needs to participate in the Council's activities to monitor development and redevelopment in Developed communities. Housing Reviewer: Linda Milashius, CD - Livable Communities, (651-602-1541) The Update fulfills the housing planning requirements of the Metropolitan Land Planning Act. The Update acknowledges the City's share of the region's affordable housing need for 2011-2020, which is 388 units. To provide opportunities to meet this need, the Update indicates that, between 2011 and 2020, approximately 128 acres of land will be available for Medium Density Residential development at 6 to 10 units per acres, and 53 acres are designated for High Density Residential development at 10 to 25 units per acre. The Update provides the implementation tools and programs that the City will use to promote opportunities to address its share of the region's affordable housing need. These include participating in local, state, and federal programs that address lifecycle and affordable housing needs, and using local financial resources, such as CDBG funds and TIF. The City's HRA will continue to administer rental assistance programs. The City is an active participant in the Local Housing Incentives program of the Livable Communities Act and has applied for and received over $2.2 million in grants through the LCA program. Community and Individual Sewage Treatment Systems (ISTS) Reviewer: Jim Larsen, CD - Local Planning Assistance, (651-602-1159) The Update is consistent with the WRMPP for ISTS. It indicates that there are currently 112 ISTS in operation in the City. The City's ISTS Ordinance and maintenance management program are consistent with MPCA Rules and with Council policy requirements. Water Supply Reviewer: Sara Smith, ES - Water Supply Planning, (651-602-1035) Packet Page Number 167 of 184 N. kCommDev\LPA \ComtnuniticslMapiewoodkReportsjMaplewood 2009 CPU 20628-1 committee report doc pensity, Rang Cat e g o ry , Mi n cres � - U t Low Density Residential 2.6 • 262 681.2 1572 Medium Density Residential 6.1 10 258 1573.8 2580 High Density Residential 10.1 25 107 1080.7 2675 Mixed Use • 31 38 228 1178 The Update also guides 49 acres for Commercial and Office use. The Commercial guiding is largely concentrated along the U.S. Highway 61 corridor north of the intersection with TH 36, along the Highway 36 corridor, and along the 1-694 corridor in the northern part of the City. The higher density residential land uses are also located in those areas, with scattered pockets of Medium and High Density guiding in the rest of the City. Advisory Comment The City needs to participate in the Council's activities to monitor development and redevelopment in Developed communities. Housing Reviewer: Linda Milashius, CD - Livable Communities, (651-602-1541) The Update fulfills the housing planning requirements of the Metropolitan Land Planning Act. The Update acknowledges the City's share of the region's affordable housing need for 2011-2020, which is 388 units. To provide opportunities to meet this need, the Update indicates that, between 2011 and 2020, approximately 128 acres of land will be available for Medium Density Residential development at 6 to 10 units per acres, and 53 acres are designated for High Density Residential development at 10 to 25 units per acre. The Update provides the implementation tools and programs that the City will use to promote opportunities to address its share of the region's affordable housing need. These include participating in local, state, and federal programs that address lifecycle and affordable housing needs, and using local financial resources, such as CDBG funds and TIF. The City's HRA will continue to administer rental assistance programs. The City is an active participant in the Local Housing Incentives program of the Livable Communities Act and has applied for and received over $2.2 million in grants through the LCA program. Community and Individual Sewage Treatment Systems (ISTS) Reviewer: Jim Larsen, CD - Local Planning Assistance, (651-602-1159) The Update is consistent with the WRMPP for ISTS. It indicates that there are currently 112 ISTS in operation in the City. The City's ISTS Ordinance and maintenance management program are consistent with MPCA Rules and with Council policy requirements. Water Supply Reviewer: Sara Smith, ES - Water Supply Planning, (651-602-1035) Packet Page Number 167 of 184 N. kCommDev\LPA \ComtnuniticslMapiewoodkReportsjMaplewood 2009 CPU 20628-1 committee report doc The City does not own or operate a water supply system, and therefore is not required to complete a water supply plan as part of its Update. St. Paul Regional Water Services currently supplies water to the City on a retail basis. Resource Protection Historic Preservation Reviewer: Lisa Barafas, CD - Local Planning Assistance, (651 The Update appropriately addresses historic preservation in the community. The Update contains an "Historical Resources" chapter, which details standards for preservation planning, implementation steps for historic preservation, and goals and objectives. Solar Access Protection Reviewer: Lisa Barayas, CD - Local Planning Assistance, (651-602-1895) The Update contains a section in the Land Use Chapter addressing Solar Access Protection as required by the MLPA. Aggregate Resources Protection Reviewer: Jim Larsen, CD - Local Planning Assistance, (651-602-1159) The Update contains a section on aggregate resources protection, as required by the MLPA. Consistent with Minnesota Geological Survey Information Circular 46 data, the Update indicates that there are extractable aggregate resource deposits located in the City. However, the City believes that it is unlikely that any of the potentially viable aggregate resources will be extracted because the resources are located in areas that are already generally developed. The City does indicate that it will explore the feasibility of extraction with any property or business owner that approaches them directly and expresses an interest in such a pursuit. Mississippi River Critical Area Reviewer: Tori Dupre,,CD - Local Planning Assistance, (651-602-1621) The Update includes a Critical Area component acknowledging the City's 166-acre Mississippi River Critical Area corridor and its designation as an "Urban Diversified District." The existing Critical Area Plan is consistent with the requirement of the State's Executive Order 79-19 and with the federal Mississippi National River and Recreation Area (MNRRA). The Update proposes no land use or policy changes to the existing Critical Area Plan, which the Metropolitan Council reviewed on December 19, 2001 (Business Item 2001-530). The Council will forward the Update's review record and the Council's final actions to the Minnesota Department of Natural Resources and the National Park Service for their records. PLAN IMPLEMENTATION Reviewer: Lisa Barayas, CD - Local Planning Assistance, (651-602-1895) The Update includes a description of and schedule for any necessary changes to: • Capital Improvement Program Yes • Zoning Code Yes Subdivision Code Yes ISTS Code Yes Housing Implementation Program Yes Packet Page Number 168 of 184 N.*lCommDev�LPA�Communitios\MaplewoodlReports\Maplewood 2009 CPU 20628-1 committee report.doc 8 The Update contains an Implementation Plan, which describes the official controls and fiscal devices that the City will employ to implement the Update, as well as specific implementation strategies for different chapters of the Update. COMPATIBILITY WITH PLANS OF ADJACENT GOVERNMENTAL UNITS AND PLANS OF AFFECTED SPECIAL DISTRICTS AND SCHOOL DISTRICTS The City submitted it's Update to the adjacent communities, county and affected school districts, affected watershed districts, and other special districts for comment on December 31, 2008. There do not appear to be any conflicts with the plans of adjacent and affected jurisdictions. • City of Maplewood 2030 Comprehensive Plan (June 22, 2009) • Revisions to aggregate resource protection, aviation, implementation, land use, parks, and surface water management in response to Council incomplete letter (September 14, 2009) • Revisions to implementation, land use, parks, forecasts, and transportation in response to Council incomplete letter (October 8, 2009) ATTACHMENTS Figure 1: Location Map with Regional Systems Figure 2: 2030 Regional Development Framework Planning Areas Figure 3: Existing and Future Land Use Tables Figure 4: Existing Land Use Figure 5: 2030 Future Land Use Packet Page Number 169 of 184 N: \CommDev\LPA \CommunitiesIMaplewoodIReports\Mapiewood 2009 CPU 20628-1 committee report. doe 9 Figure 1. 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L A to V3xT?13P� Regional Systems ' J. ~Owfler selvices Regionol aid Stite Itkills { Interceptors 4wopgpw Regional Nsfing T �mx�mm RZ/ E rVir Treatlnent Plants Regional Planned A I fl omwir" Regional Proposed 'Itallspolt'llion Recreiiii Open Space Park Rasarxe us Hahway; Iek ft ways te Hi Regional Park A $pedal Recreation Feature f_- County (bads TLC, Street Cantedinas, 2007 Packet Page Number 170 of 184 N: \ CommDevlC PA\ CommunitiesIMap lewoodjReportsIMaplewood 2009 CPU 20628-1 committee report doc 10 Figure 2. 2030 Regional Development Framework Planning Areas C ity of Maplewood T 1 L f 1 L 3 ff}7 E a f j r i � a P ill I ,lk } @ k! � 7 {Z.;{ Altf4llfflEl', ',t**lirlea►w lalltialsffiill U�liiteBe f�ilitaili (li # E U `s i fl1rte£ar T4 �+) t c EF f D " }tI3{i_?t �` {fad 1 t p� + 1 r £' I ji 3` 3. 51 I fit}8�u[1fP ,�, €7�� tt, t l it ,1�4i1� tJiDi #li -`.s't Piltll `�r,.1 Ita e i I E-� !r ". 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Existing Land Use City of Maplewood CFTY OFAG111 EWOOD 2&' COMPREHENSIM PIAN T Maplewood Existing Land Use 0 0,250.5 1 1.5 Ag ricultural Farmstead Single Family Detached Single Family Attached Multifamily Manufactured Housing Parks Retail and Other Commercial office Mixed Use Residential Mixed Use Industrial Mixed use commercial and Other Industrial and Utility Institutional Park, Recreational, or Preserve Golf Course Major Highway Railway Undeveloped water Neighborhoods August td, 20109 2 i Miles I 0 co M N Tr Packet Page Number 172 of 184 N: �CommDev\LPA�Communities\Maplewood\Reports\Mapiewood 2009 CPU 20628-1 committee report doc 12 Figure 4. 2030 Future Land Use ON of Maplewood CITY OF ATAPTEIV000 -0 2w " 0 "Plot t 14 �6 h'0U6W,4YAj 1t Ljk Maplewood Future 0 0.250.5 1 1.5 2 Land Use Miles Rural/ Low Density Residential (0.5 -1.5 Units per Acre) "o 4�, Low Density Residential (16 - 6.0 Units per Acre) Medium Density Residential (6.1 - 10.0 Units per Acre) s .... i High Density Residential (10.1 - 25.0 Units per Acre) Mixed Use (6.0 - 31.0 Units per Acre) Commercial Industrial Government Institutional E6FIl e Park Open Space Water a. Neighborhoods June 3,2009 9r r V so CL CD i1a Packet Page Number 173 of 184 N:lCommDev\LPA\CommunitieskMaplewood\ReportsIMaplewood 2009 CPU 20628-1 committee report.doc 13 Figure S. Existing Land Use and Staging Tables City of Maplewood Table 2.13 I --.S I I-- Land Use Acres Percentage Single-Family Residential 4,416 38% Parks, Recreation and Preserves 2, 18% Commercial — Includes Office. Mixed Use Corn AgriWtural 154 1% Total 11,563 100% Source: Metropolitan Council Table 6.2 Future Land Use, 2008 Anstituhanal 707 6% Multi- Family Residential 638 5% Industrial lic iidustfial and Utility, Railway, and Mixed Use Industrial 529 5% 2006 0 1 pen W a I er 458 1 4% AgriWtural 154 1% Total 11,563 100% Source: Metropolitan Council Table 6.2 Future Land Use, 2008 Total City, of Maplewood Units I Net Acre 2006 - Min. Max. 2006 2010 2015 2020 2026 2030 2030 Rural/Low Density Residential 0,5 1,5 276 276,� 276 HS 276 276 0 Low-Densitv Residential 2-6 6.0 2,588 2,653 2,718 2,783 2,848 2,915 327 Medium-Density Residential 61 10.0 1,932 1,048 2,062 2,126 2,191 2,256 324 Hl h-Density Residential 10.1 25.0 166 193 220 246 211 300 134 Mixed-Use 6-0 31.0 25 fil 82 101 120 95 Emp. I Net Acre 0 Commercial and Office 15 1,244 1,257 1,262 1,273 1,283 1,293 49 Industrial and Utility 20 44 45 45 45, 45 45 45 0 Public and Semi-Public 707 707 707,, 707 707 707 0 Parks, Recreation and Open Space 12,106 2,106 1,106 2,106 2.106 2,106 0 Undeveloped 1107,16'' 891 706> 521 335 147 -929 Agriculture 164 154 154 154 154 154 0 Steep Slopes (18% or greater) 27 27 27 27 27 27 0 Wetlands 303 303 303 303 303 303 0 Open water 458 l 458 458 458 458 458 0 Major Road Right-oMft 456 456 456 456 456 456 0 Total Acreage within Maplewood 1 11.563 11.563 11.563 11.563 11.563 11.563 0 Packet Page Number 174 of 184 N. CommDev�LPA\CommunitieslMaplewood\Reports\Mapiewood 2009 CPU 20628 -I committee report.doc 14 B. lei_ ,oj L 00 t1#nrhmcnt ? Packet Page Number 175 of 184 Agenda Item 12 AGENDA REPORT TO: City Manager, Jim Antonen FROM: H. Alan Kantrud, City Attorney; Steve Lukin, Fire Chief SUBJECT: Consider Second Reading of Recreational Fire Ordinance DATE: January 14, 2010 INTRODUCTION The City Council directed staff to integrate and streamline the current language regarding recreational fires into City Code as aspects of state law were not reflected in the existing language as written in § 20 -38 of the Code. On January 11, 2010 the matter was considered and passed on first reading. DISCUSSION The City Council discussed this matter and generally approved the language as presented since it is now in concert with State law /fire code. During the discussion of the language at first reading a citizen asked about the propriety of burning "leaves" in a recreational fire. The matter was discussed and it was generally accepted that such burning would not be permitted and was actually specifically prohibited by the fire code. To that end staff was asked to expand the list of "prohibited combustibles" to include leaves soas to avoid any confusion regarding what cannot be used in a recreational fire. Section /subdivision 7 has therefore been modified to read as follows: 1. No person shall conduct, cause, or permit burning of rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke including, but not limited to, tires, railroad ties, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint, paint filters, construction debris, garbage, waste materials, and vegetation of any sort, e.g., /eaves, brush and grass. The additional language has been italicized and highlighted above and the full text is also provided by attachment for your full review. No further changes were directed to be made prior to the presentation for second reading by Council. RECOMMENDATION Staff recommends passage of the language presented here, as modified per directive. Please consider this matter and pass second /final reading of this Ordinance. Attachments: 1. Proposed Ordinance replacing City Code Section 20 -38 Packet Page Number 176 of 184 Agenda Item 12 Attachment 1 Section 20 -38. Permits required for outdoor fires. (a). No person shall kindle, ignite, set or start any outdoor fire in the City, not contained in a city - approved incinerator, at any time, unless authorized by the issuance of a permit as provided for by the Department of Natural Resources for, "open burning." (b). City Authorization for Camp /Recreational Fire. Campfires and so- called "recreational" fires are defined by Minnesota Statute, § 88.171, as those that are no larger than 3 feet in diameter and 3 feet in height and used for pleasure, religious, ceremonial, cooking, warmth, or similar purposes and are specifically authorized under this article subject to the rules and restrictions as hereinafter written. Recreational fires should not be lit or maintained if the smoke therefrom unreasonably causes discomfort or a negative impact to neighboring properties. If a complaint is lodged and verified by a peace officer or fire fighter and in their opinion is creating a nuisance situation, the operator may be called upon to extinguish the fire immediately until conditions change or improve. No permit is required for recreational fires. 'A copy of the recreational fire code section (§ 20-38) is available online at www.ci.maplewood.mn.us or you can obtain a !paper - copy at the Maplewood' City Hall information desk. The following are the minimum requirements for camp /recreational fires as defined above: 1. A recreational fire shall be limited to one (1) location per property parcel /address at a time. 2. Recreational fires must be at least 25 feet from all buildings or combustible materials. Combustible materials include, but are not limited to: wood, paper and plastics [MFSC (07) Section 307.4.2]. 3. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition [MSFC (07) Section 307.4.2] 4. Recreational fires must be constantly attended by an adult until the fire burns out completely or is extinguished [MSFC (07) Section 307.5]. 5. A minimum of one portable fire extinguisher complying with MSFC (07) Section 906, with a minimum 4 -A rating, or other approved on -site fire extinguishing equipment such as dirt /sand (available for use as an extinguishing agent), or charged garden hose; such extinguishing equipment shall be readily available at all times until the fire is extinguished. 6. The only materials permitted in a recreational fire are wood from trees, small branches or charcoal. Packet Page Number 177 of 184 7. No person shall conduct, cause, or permit burning of rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke including, but not limited to, tires, railroad ties, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint, paint filters, construction debris, garbage, waste materials, and vegetation of any sort, e.g., leaves, brush and grass. 8. Recreational fires must be immediately extinguished if they pose a fire safety risk, if they are not in compliance with the above, or when directed to do so by a police officer, firefighter, fire warden, or DNR officer [MSFC (07) Section 307.3]. 9. Recreational fires are only allowed from 10:00 A.M. until 11:00 P.M. with winds less than 15 mph unless written permission for an exception is received from the fire chief or fire marshal. (c). The owner of any property upon which a fire is started or originally ignited, in violation of this section, shall be responsible therefore and shall be subject to penalties provided in this chapter, unless such owner can adduce proof that such fire was started by a stranger or trespasser. (Repeals and replaces Ord. 838; Code § 20 -38, 5/27/03) Packet Page Number 178 of 184 AGENDA REPORT Agenda Item J1 TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development /Parks Director SUBJECT: Consider Adopting Resolution of Support for Tubman to Allow City as Fiscal Agent for State Bonding Proposal DATE: January 20, 2010 INTRODUCTION /SUMMARY The City staff have been working with Tubman Alliance to assist with the financial support for operations and improvement to the former Monastery location. Tubman is requesting state of Minnesota bonding to support their project to make necessary code, accessibility and security improvements to the former St. Paul Monastery's building at their Century Avenue — Larpenteur Avenue location. Their proposed project totals nearly $5.1 million, with their bonding request at $2.0 million toward this project. State bonding is provided to only state agencies, so Tubman cannot receive the funds directly. That requires that a local government agency act as the fiscal agent. Tubman has requested that Maplewood, as the host city for their operations, act in this regard. Senator Wiger has introduced legislation [see attached] for a $2,000,000 appropriation. A first hearing on the bill was conducted on January 13, 2010 by the Senate Health and Human Services Budget Division. As part of further discussions on Senator Wiger's bill, it is proposed that the City Council adopt a resolution of support for acting as the fiscal agent for this project. The final details of the agreement between Tubman and Maplewood have not been finalized by Tubman's legal counsel or City Attorney Kantrud. That agreement will need to provide for minimal to no risk to the Maplewood tax payers for acting in this role. It is recommended that the City Council adopt the attached resolution of support to be used for further considerations by the state legislature in considering Tubman's request for funds. RECOMMENDATION It is recommended that the City Council adopt the attached resolution of support for Tubman in securing state of Minnesota bonding for their project at the former St. Paul Monastery's building at Century Avenue and Larpenteur Avenue and further directing that the City Manager develop documents to approve the City as fiscal agent for Tubman in this endeavor. Attachments: 1. Senate File No. XXX — Bond Request 2. Resolution 3. Antonen Letter to Senator Berglin 4. Tubman Bonding Request Information 5. Tubman Information Packet Page Number 179 of 184 Agenda Item J1 Attachment 1 SENATE FILE NO. XXXX — Introduced by Senator Wiger BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Subdivision 1. Appropriation. $2,000,000 is appropriated from the bond proceeds fund to the Commissioner of Human Services for a grant to the City of Maplewood for improvements of a capital nature to the former St. Paul's monastery, now owned and operated by Tubman. The renovation will include design and upgrades to the existing facility so as to improve the facility's mechanical plant; increase physical accessibility in accordance with the Americans with Disabilities Act; permit the delivery of health and safety services to the public. The renovated facility will act as a regional service center and learning institute offering shelter services, domestic violence support, legal services, mental and chemical health treatment and community education. Subd. 2. Bond sale. To provide the money appropriated in this section from the bond proceeds fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $2,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. EFFECTIVE DATE.This section is effective the day following final enactment Packet Page Number 180 of 184 Agenda Item J1 Attachment 2 RESOLUTION WHEREAS, Tubman has received approval for a Regional Multi- Service Center and Learning Institute as a domestic violence shelter at the former St. Paul's Monastery at Century Avenue and Larpenteur Avenue, and WHEREAS, Tubman is proposing nearly $5.1 million in necessary code, accessibility and security improvements to the old Monastery building to facilitate this service center, and WHEREAS, Tubman is requesting state bonding support through legislation to provide for up to $2.0 million in financial support for this much needed facility, and WHEREAS, the Maplewood City Council has previously expressed support for the services provided by Tubman for the citizens of our City and region, and WHEREAS, Tubman requires that a local government agency act as the fiscal agent for any state funding provided for this type of facility. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. Hereby acknowledges its support for Tubman's request for state funding for this important project and improvement, a further supports said legislation as introduced on behalf of Tubman in the 2010 legislative session. 2. Hereby directs the City Manager to prepare documents for Council approval such that the City of Maplewood will act as the fiscal agent for Tubman in receiving financial support from the State of Minnesota. Packet Page Number 181 of 184 13 January, 2010 Senator-Linda Berglin, Chair, Health and Huthan Services Committee 75 Rev. Dr. Martin Luther King Jr. Blvd. Capitol Building,. Room 309 St. Paul, MN 551.55 -7606 RE::. Support for Tubman Bonding Request in current Legislative Session Dear Senator: Thank you for considering the matter regarding the Tubman Alliance's goals in the .upcoming bonding session.- As you are aware, the City is a perennial supporter of the Alliance and the work they do for the citizens of Minnesota. Maplewood is pleased that the Alliance makes its home here. The City. of Maplewood is proud to support and help.make this request to you in the form . of.a bonding. bill. To that end we would be willing., with certain assurances, to be the fiscal agent with respect to the monies received as Well.''. I provide this support in my capacity as City Manager, of course, but can't speak on behalf of the Mayor and Council. If and when this moves forward I will present this matter to the. Council for a resolution of supporvand.ratificatiori of this letter of support to be a sponsor and fiscal agent. Our City Attorney and the Tubman Alliance attorney have made each available to the other and trust that they will coordinate the details as this matter moves forward. Assuming a positive reaction from the. hearing today, I anticipate bringing the resolution of support before the Council on their January 25` 2010 agenda. Yours very truly, 0 . :�Antoneft Maplewood City Manager O FFICE.OF. CITY MANAGER' 651 FAX 651: 249 - 2059 CITY. MAPLEWOOD 1830 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 Packet Page Number 182 of 184 Attachment 4 Tubmanfflaplewood Service Center Bonding Request • The City of Maplewood is requesting $2 million in state bonds to design, renovate and equip the former St. Paul monastery into a regional service center and learning institute. o The monastery is owned and operated by Tubman (previously known as Tubman Family Alliance), an organization with 35 years of experience providing services and resources to promote safe and healthy families. • The renovation will include design and upgrades to the existing facility so as to improve the facility's mechanical plant, increase physical accessibility in accordance with the Americans with Disabilities Act, and permit the delivery of health and safety services to the public. o The renovated facility will act as a regional service center and learning institute offering shelter services, domestic violence support, legal services, mental and chemical health treatment and community education. • As a learning institute, the facility will allow collaboration with local colleges to research and test best practice models that will give students an opportunity for hands-on experience while contributing to the health and safety of families served by Tubman. 601 • The total cost of renovations is S`million. Tubman has raised approximately $1million in matching funds from private donations and is in the process of requesting federal, county and additional private funds for the project. Packet Page Number 183 of 184 Attachment 5 • The City of Maplewood requests $2 million of state bonding to secure, renovate and equip a Regional Multi-Service Center and Learning Institute to be operated by Tubman. • Tubman will use the facility to provide legal services, mental and chemical health counseling, youth programming, domestic violence shelter and support, and many other community services. • Formerly St. Paul's Monastery, building is of architectural significance and was purchased by Tubman for a fraction of the actual value—replacement estimated at approximately $15 M. • Entirety of the project totals nearly $5.1 M. Tubman is committed to securing matching funds required. • Of the requested funds: $1 M will be used to make necessary code, accessibility and security improvements. $1 M will be used to make the facility operational for all services, including: securing the residential welcome center and adjacent parking, 2 playgrounds, child development center and partner offices. • Over 35 years of experience serving families in crisis. Currently reaching over 50,000 people per year; an operating budget of $10.7 M (including $1.8 M in-kind) and over 120 FTEs. • Proven track record of fiscal responsibility—we don't do deficits. • Reputation for innovative, efficient programming. Address the multiple barriers that our clients face so they can recover as soon as possible. Work to prevent crises before they happen. • Greater access to a broad range of programming will empower families to move from crisis to stability. Clients report that they are stronger because of Tubman's services and feet confident taking the next step for themselves and their families. - Building a Stronger- Colnmul3fty • Savings generated by facility will offset a nearly 50% increased demand across Tubman's programs this year • Learning Institute will allow collaboration with local and national colleges and universities to research and test best practice models. • Collaborate with over 50 area high schools, 20 law enforcement agencies, many health care providers, and other community resources. Community engagement includes 200+ pro Bono attorneys, 200+ intems from 50 universities, and a community volunteer base of 500+. Packet Page Number 184 of 184