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HomeMy WebLinkAbout2013 02-11 City Council Meeting PacketThe Listening Forum begins at 6:30 p.m. before the second and fourth regularly scheduled City Council meetings and replaces Visitor Presentations on the City Council Agenda. AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 11, 2013 City Hall, Council Chambers Meeting No. 03-13 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.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of January 28, 2013 City Council Workshop Meeting Minutes 2. Approval of January 28, 2013 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Commission & Board Appointments a. Human Rights Commission b. Parks & Recreation Commission c. Planning Commission d. Community Design Review Board 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. Approval of 2012 Budget Adjustment and Transfer for Taste of Maplewood 3. Approval of 2012 Budget Carryovers 4. Approval of Transfers from Tax Increment Funds for 2012 5. Approval of a Temporary Gambling Permit Resolution and Waive Permit Fees for Carver Elementary School 6. Approval of a Temporary Gambling Permit Resolution for MN Deer Hunters Association, Capitol Sportsmen Chapter 7. Approval of Renewal Fee Increase and Ordinance Amendment for Residential Alarm License 8. Heritage Preservation Commission 2012 Annual Report 9. Approval of Payment for Fire Station Roof Replacement 10. Approval of Resolution for Restatement of Maintenance Agreement Between MnDOT and City 11. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, East Metro Public Safety Training Center Phase I Bid Package 1 Improvements, City Project 09-09 12. 2012 Parks and Recreation Commission Report and 2013 Goals 13. Resolution Accepting Donation of Fur Trade Items to Maplewood Nature Center 14. Resolution Approving the Minnesota General Records Retention Schedule for Cities and Adopting the Records Retention, Preservation and Destruction Policies and Procedures Manual H. PUBLIC HEARINGS 11.. Hills and Dales Area Street Improvements, Project 09-15 aa.. Re-Assessment Hearing, 7:00 p.m. bb.. Resolution Adopting Assessment Roll I. UNFINISHED BUSINESS 1. Second Reading of the Wetland Ordinance Amendment J. NEW BUSINESS 1. Consideration of Authorizing the Publication of the Environmental Assessment Worksheet (EAW) for the Proposed 3M Research and Development Building K. AWARD OF BIDS None L. ADMINISTRATIVE PRESENTATIONS 1. Consider Cancellation of March 4 Council – Manager Workshop M. COUNCIL PRESENTATIONS None N. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings – elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language Item E1 January 28, 2013 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, January 28, 2013 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:03 p.m. by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Absent Marvin Koppen, Councilmember Present C. APPROVAL OF AGENDA Councilmember Cardinal moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Gateway Corridor Alternatives Analysis Update Presentation by the Washington County Planning Department Assistant City Manager Ahl gave a brief overview then introduced Lyssa Leitner, Project Manager from Washington County. Ms. Leitner gave a presentation on the Gateway Corridor Alternative Analysis Update and answered questions of the council. 2. Discussion on Request for Proposals for General Civil Attorney and Prosecuting Attorney Contract Assistant City Manager Ahl gave the staff report and answered questions of the council. City Attorney Kantrud offered additional information and answered questions of the council. F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 6:22 p.m. Packet Page Number 1 of 236 January 28, 2013 City Council Meeting Minutes 1 MINUTES Item E2 MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, January 28, 2013 Council Chambers, City Hall Meeting No. 01-12 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:01 p.m. by Mayor Rossbach. Mayor Rossbach recognized Sergeant Daniel Began who is a member of the Air Force for serving our Country. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present – Arrived at 7:16 p.m. Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA Councilmember Cardinal moved to approve the Agenda as submitted. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. E. APPROVAL OF MINUTES 1. Approval of January 14, 2013 City Council Workshop Minutes Councilmember Cardinal moved to approve the January 14, 2013 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 2. Approval of January 14, 2013 City Council Meeting Minutes Councilmember Cave moved to approve the January 14, 2013 City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. Packet Page Number 2 of 236 January 28, 2013 City Council Meeting Minutes 2 F. APPOINTMENTS AND PRESENTATIONS None G. CONSENT AGENDA Councilmember Koppen moved to approve agenda items G1-11. Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 1. Approval of Claims ACCOUNTS PAYABLE: $ 1,025,632.97 Checks # 88968 thru # 89032 dated 01/07/13 thru 01/15/13 $ 399,733.54 Disbursements via debits to checking account dated01/07/13 thru 01/11/13 $ 184,487.63 Checks # 89033 thru # 89068 dated 01/22/13 $ 262,118.06 Disbursements via debits to checking account dated 01/11/13 thru 01/18/13 $ 1,871,972.20 Total Accounts Payable PAYROLL $ 602,937.56 Payroll Checks and Direct Deposits dated 01/18/13 $ 763.00 Payroll Deduction check # 9988882 thru # 9988883 dated 01/18/13 $ 603,700.56 Total Payroll $ 2,475,672.76 GRAND TOTAL Councilmember Koppen moved to approve the Approval of Claims. Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. Packet Page Number 3 of 236 January 28, 2013 City Council Meeting Minutes 3 2. Authorization to Make Payment for Eden Systems Yearly Support Contract Councilmember Koppen moved to approve the payment for Eden Systems Support Contract. Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 3. Approval for Police Department to Accept Squad Light Bars Councilmember Koppen moved to approve the acceptance of the awarded Squad Light Bars to the Maplewood Police Department from the Office of Traffic Safety. RESOLUTION 13-1-843 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, the Office of Traffic Safety wishes to grant the City of Maplewood the following: two Whelen Liberty LC low-profile light bars, and; WHEREAS, the Office of Traffic Safety has instructed that the City will be required to use the aforementioned for: police purposes only, 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 super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by a super majority vote of its membership on January 28, 2013. Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 4. Approval for Police Department to Accept Donation from Schmelz Countryside Councilmember Koppen moved to approve the donation from Schmelz Countryside and the necessary budget adjustments to be made for the Police Department to expend the funds. RESOLUTION 13-1-844 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; Packet Page Number 4 of 236 January 28, 2013 City Council Meeting Minutes 4 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 youth and senior citizens, 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 super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by a super majority vote of its membership on January 28, 2013. Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 5. Approve Purchase of 1 Ton Truck and Two John Deere Park Maintenance Machines Councilmember Koppen moved to approve to enter into contracts with the following vendors for purchases under the State Contract: Frontier Ag and Turf Two John Deere Machines, MN state contract # 41934 Midway Ford Ford F350 cab and chassis, MN state contract # 55058 Towmaster Truck Equip. Stake body and equipment, MN state contract # 48613 Crysteel Truck Equip. Boss V-Plow, MN state contract # 48608 Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 6. Approval of Resolution to Increase the Scope of the Feasibility Study, Order Preliminary Design, and Increase the Project Budget, Arkwright-Sunrise Area Street Improvements, City Project 12-09 Public Works Director/City Engineer Thompson gave the staff report and answered questions of the council. Councilmember Koppen moved to approve the attached resolution expanding the scope of the feasibility study, authorizing design work, and establishing a project budget of $300,000 for the Arkwright-Sunrise Area Street Improvements, City Project 12-09. RESOLUTION 13-1-845 INCREASING THE SCOPE OF THE FEASIBILITY STUDY, AUTHORIZING DESIGN, AND INCREASING THE PROJECT BUDGET Packet Page Number 5 of 236 January 28, 2013 City Council Meeting Minutes 5 WHEREAS, it is proposed to make improvements to the Arkwright-Sunrise Area Streets, City Project 12-09 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, WHEREAS, On July 23, 2012 the City Council authorized the preparation of the feasibility study and established a project budget of $80,000, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The scope of the feasibility study is to include Eldridge Avenue East and Burr Street North (which lie just east of Desoto Street and south of County Road B East) for possible pavement rehabilitation. The scope of the feasibility study is to also include County Road B East from Interstate 35E to Edgerton Street and Edgerton Street from County Road B to Highway 36 for sidewalk and trail improvements (not road improvements). The City Engineer is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the additional improvements are necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 2. The City Engineer is hereby directed to conduct design work for the making of said improvement. 3. FURTHERMORE, the finance manager is hereby authorized to adjust the project budget from $80,000 to $300,000. Approved this 28th day of January 2013 Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 7. Approval of Change Order No. 3, Gladstone Area Improvements – Bid Package 1, Project 04-21. City Engineer/Public Works Director Thompson gave the staff report and answered questions of the council. City Attorney Kantrud answered additional questions of the council. Councilmember Koppen moved to approve the resolution directing modification of the existing construction contract, Change Order No. 3, for the Gladstone Area Phase I Improvements, City Project 04-21. Authorization is given to the City Engineer to reduce retainage on the existing construction contract for City Project 04-21 from 5% to 1%. RESOLUTION 13-1-846 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04-21, CHANGE ORDER NO. 3 AND REDUCING RETAINAGE WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 04-21, Gladstone Area Phase I Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and Packet Page Number 6 of 236 January 28, 2013 City Council Meeting Minutes 6 WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 04-21, Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 3 which is an increase of $231,549.51. The revised contract amount is $3,784,017.25. 2. The retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% to 1%. Adopted by the Maplewood City Council on this 28th day of January 2013. Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 8. Approval of Police Department Expansion Project Items Councilmember Koppen moved to approve the Police Department Expansion Project items listed. • Commercial Furniture Systems (CFS) – Office furniture purchases and installation for Phase 1 utilizing US Communities pricing – $21,700 • City of Maplewood – Staff is requesting the waiving of City permit fees for all phases – TBD • Mid-America Business Systems – Originally installed our Lektriever file storage units (2) and will disassemble and move to Public Works - $14,108 • Chris Mastell Trailer Rentals – Rental of temporary storage – Est. $5,400 • Dumpster rental throughout project – Est. $10,000 • Electrowatchman – City security system changes and updates – Est. $10,000 • Line 1 Partners – Low voltage cabling throughout new areas – Est. $5,000 Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 9. Commission Handbook Revisions for the Housing and Economic Development Commission Councilmember Koppen moved to adopt the language updated to the Commission Handbook to reflect the termination of the HRA and BEDC and their reforming into the HEDC. Also, the revision of the Language that would separate the Community Development and Parks & Recreation Departments. Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. Packet Page Number 7 of 236 January 28, 2013 City Council Meeting Minutes 7 10. Conditional Use Permit Review for LaMettry Collision Auto Repair, 2951 Maplewood Drive Councilmember Koppen moved to review the Conditional Use Permit for LaMettry Collision Auto Repair in one year. Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. 11. Conditional Use Permit Termination for Allowing Parking as a Primary Use, 2951 Maplewood Drive Councilmember Koppen moved to approve the Resolution terminating the Conditional Use Permit for parking as primary use for 2951 Maplewood Drive. RESOLUTION 13-1-847 CONDITIONAL USE PERMIT TERMINATION RESOLUTION WHEREAS, Mr. McDaniels, of Maplewood Toyota, received approval from the Maplewood City Council on August 8, 2005, for a conditional use permit allowing parking as a primary use. WHEREAS, Maplewood Toyota no longer owns this property which is now home to LaMettry Collision Auto Repair, therefore there is no need for this conditional use permit. WHEREAS, this permit applies to the property at 2951 Maplewood Drive. The legal description is: SECTION 4, TOWNSHIP 29, RANGE 22, EX N 409.5 FT & EX W 197.4 FT OF NWLY 469.5 FT & EX S 698 FT THE FOL; THE E 723.4 FT LYING WLY OF HWY OF SE ¼ OF NE ¼ (SUBJ TO RD & EASEMENTS) IN SEC 04, TN 29, RN 22. WHEREAS, the history of this conditional use permit termination is as follows: 1. On January 28, 2013 the city council terminated this conditional use permit since the applicant, Maplewood Toyota, no longer owns this property and there is now a building on site. NOW, THEREFORE, BE IT RESOLVED that the city council terminates the above- described conditional use permit because parking as a primary use it no longer an acceptable use for this site. The Maplewood City Council approved this resolution of termination on January 28, 2013. Seconded by Councilmember Cardinal Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen The motion passed. Packet Page Number 8 of 236 January 28, 2013 City Council Meeting Minutes 8 H. PUBLIC HEARING 1. First Reading of the Wetland Ordinance Amendment Environmental Planner Finwall gave the staff report. Mayor Rossbach opened the public hearing. The following person spoke: 1. Sharon Sandeen, Maplewood Resident Mayor Rossbach closed the public hearing. Councilmember Koppen moved to approve the first reading of the Wetland Ordinance Amendment. Seconded by Councilmember Juenemann Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Approval of 2013 Rules of Procedure for City Council and Council Meetings Manual City Clerk Guilfoile gave the staff report. Councilmember Cardinal moved to approve the changes recommended by staff to 2013 Rules of Procedure for City Council and Council Meetings Manual, Section 14 – Council Administrative Policies Section D. Other Matter located on Page 11 regarding the Maplewood Monthly. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of a Resolution Authorizing Submission of Request for State Bonding Funds for East Metro Training Facility Fire Chief Lukin gave the staff report. Councilmember Juenemann moved to approve the resolution authorizing submission of request for State Bonding Funds in the amount of $1 million dollars for the completion of construction for Phase 1 of the Regional East Metro Public Safety Training Facility. RESOLUTION AUTHORIZING SUBMISSION OF REQUEST FOR STATE BONDING FUNDS FOR THE COMPLETION OF CONSTRUCTION FOR PHASE 1 OF THE REGIONAL EAST METRO PUBLIC SAFETY TRAINING FACILITY WHEREAS, the Minnesota State Legislature is accepting allocations for Capital Bonding Requests for the 2013 Legislative Session; and Packet Page Number 9 of 236 January 28, 2013 City Council Meeting Minutes 9 WHEREAS, the city of Maplewood has deemed the completion of construction of Phase I of the regional East Metro Public Safety Training Facility a high priority project; and WHEREAS, the city of Maplewood is in need of Capital Bond funding to provide gap financing to supplement local and other funding for completion of construction of Phase I of the East Metro Public Safety Training Facility. NOW, THEREFORE BE IT RESOLVED, that the Maplewood City Council authorizes the submission of a request to the Minnesota State Legislature for 2013 bonding funds for the completion of construction of Phase I of the East Metro Public Safety Training Facility in the amount of 50% of the construction costs or $1,000,000. Seconded by Councilmember Koppen Ayes – All The motion passed. J. NEW BUSINESS 1. Conditional Use Permit Revision – Woodland Hills Church Food Shelf Proposal, 1740 Van Dyke Street (Simple-Majority Vote Required for Approval) a. Planning Commission Report b. CUP Revision Consideration Senior Planner Ekstrand gave the staff report and answered questions of the council. The following people spoke: 1. Mary Vidas, Associate Director, Merrick Community Services 2. Courtney Roessler, Merrick Food Shelf Director Councilmember Cave moved to approve the resolution for a Conditional Use Permit Revision for Woodland Hills Church, located at 1740 Van Dyke Street, to operate a food shelf. RESOLUTION 13-1-848 CONDITIONAL USE PERMIT REVISION WHEREAS, Woodland Hills Church applied for a conditional use permit revision to operate a temporary homeless shelter. WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for churches and institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 1740 Van Dyke Street. The legal description is: PID # 14 29 22 33 0001 WHEREAS, the history of this conditional use permit is as follows: 1. On December 7, 2010, 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 report Packet Page Number 10 of 236 January 28, 2013 City Council Meeting Minutes 10 and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On January10, 2011, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 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 not exceed the design standards of any affected street. 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 no more than minimal adverse environmental effects. 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 use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The temporary homeless shelter shall be limited to a period of two months each year. The number of residents sheltered shall not exceed 20 persons at a time as proposed. 5. Woodland Hills Church shall provide constant supervision when the temporary shelter is in operation. Packet Page Number 11 of 236 January 28, 2013 City Council Meeting Minutes 11 6. Woodland Hills Church shall comply with all requirements of the Maplewood Building Official, Fire Marshal and Health Officer prior to beginning the operation of the temporary shelter. 7. Any changes in use or the operation of the temporary shelter or expansion of the church shall require review by the city council. 8. Any plans for changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board, for review and approval. 9. The applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year of the homeless shelter. The Maplewood City Council approved this resolution on January 28, 2013. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Consider Resolution Adopting Living Streets Policy, City Project 11-11 Public Works Director/City Engineer Thompson gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Resolution Adopting the Living Streets Policy, City Project 11-11. RESOLUTION 13-1-849 ADOPTING LIVING STREETS POLICY WHEREAS, the Maplewood City Council previously directed staff to identify various city services or practices that could be delivered in a more sustainable manner, and WHEREAS, the staff created a Living Streets Sustainability Work Group comprised of eight staff members and met three times in 2010, and WHEREAS, a Task Force was then created consisting of 10 members ranging from board and commission members, one council member, and staff members, and met three times in 2011, and WHEREAS, the Living Street Policy was presented twice to the Planning Commission, twice to the Community Design Review Board, and twice to the Environmental and Natural Resources Commission, and WHEREAS, the Living Streets Policy seeks to: encourage people to travel by walking or bicycling, enhance safety and security of streets, calm traffic, create livable neighborhoods, improve stormwater quality, enhance the urban forest, improve community aesthetics, reduce life cycle costs, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Packet Page Number 12 of 236 January 28, 2013 City Council Meeting Minutes 12 The Living Streets Policy is hereby adopted by the City Council of Maplewood, Minnesota on this 28th day of January 2013, and It is further resolved that staff shall update the Living Streets Policy from time to time to ensure its relevant and effectiveness in meeting the identified goals of the Policy. Seconded by Councilmember Koppen Ayes – All The motion passed. Carol Mason Sherril, Environmental and Natural Resource Commissioner was present and addressed the council and gave additional input regarding the Adopting the Living Streets Policy. 3. Consideration of a Resolution Supporting the Findings of the Gateway Corridor Alternatives Analysis Study Councilmember Koppen moved to approve the Resolution Supporting the Findings of the Gateway Corridor Alternatives Analysis Study. RESOLUTON 13-1-850 Resolution Supporting the Findings of the Gateway Corridor Alternatives Analysis Study WHEREAS, the Gateway Corridor Commission was established in March of 2009 to address transportation needs in the Gateway (I-94) Corridor; and WHEREAS, the Gateway Corridor is the principal east/west route for local, regional and interregional traffic through Ramsey, Washington, and St. Croix Counties connecting St. Paul and Minneapolis to the eastern metropolitan area and Wisconsin; and WHEREAS, the Maplewood is an active member of the Gateway Corridor Commission; and WHEREAS, the Commission initiated an alternatives analysis study to identity the transit solution that best meets the needs of the Gateway Corridor; and WHEREAS, these needs include the Commission’s established goals to improve mobility, provide a cost-effective economically viable solution that promotes economic development, protects the natural environment, and preserves community quality of life and overall safety; and WHEREAS, the study concluded that the alignment along Hudson Road connecting the eastern metropolitan area to the region's transit system via Union Depot best meets the needs of the Gateway Corridor; and WHEREAS, the study recommended that both Optimized Alternative 3 Bus Rapid Transit (BRT) and Optimized Alternative 5 - Light Rail Transit (LRT) adjacent to Hudson Road advance into the next phase in the transitway development process which is the preparation of a Draft Environmental Impact Statement (DEIS); and WHEREAS, a locally preferred alternative (LPA) will be officially adopted as part of the DEIS process were additional input will be garnered from the public and business sector; and Packet Page Number 13 of 236 January 28, 2013 City Council Meeting Minutes 13 WHEREAS, the findings of the study are based on a rigorous technical analysis and reflective of the input received by the community throughout the planning process; and WHEREAS, Maplewood will continue to work with the Gateway Corridor Commission to plan for future transit improvements in the Gateway Corridor and the surrounding land uses within the station areas; and NOW, THEREFORE, BE IT RESOLVED that the Maplewood city council supports the findings of the Gateway Corridor Alternatives Analysis Study. The Maplewood City Council approved this resolution of support on January 28, 2013. Seconded by Councilmember Cave Ayes – Mayor Rossbach, Council Members Cardinal, Cave and Koppen Abstain - Councilmember Juenemann due to her absence from the Workshop The motion passed. 4. Meeting of the Economic Development Authority [Council Serves as the EDA] Mayor Rossbach recessed the City Council Meeting and called to order the Economic Development Authority Meeting. Mayor Rossbach called the Meeting of the City Council back to order. 5. Approval of Resolution Authorization Legislation Request for Tax Increment Financing District for Research and Development Lab Facility on 3M Campus Councilmember Cardinal moved to approve the Resolution of Support for Special Legislation in connection with one or more proposed Tax Increment Financing Districts as the Maplewood City Council. RESOLUTOIN RESOLUTION SUPPORTING SPECIAL LEGISLATION IN CONNECTION WITH ONE OR MORE PROPOSED TAX INCREMENT FINANCING DISTRICTS BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), acting in their authority as the Economic Development Authority (the “EDA”), as follows: (i) Findings. (a) It is proposed that 3M construct a new research and development facility in the City and undertake certain renovation and renewal of its facilities (the “Project”) located within the 3M campus in the City (the “Project Area”). (b) It is proposed that the City will construct a fire station and a city emergency operating center that will provide fire protection and emergency medical services (the “Emergency Facilities”) in the Project Area. (c) Existing tax increment financing statutes are inadequate to provide for tax increment financing for the Project and the Emergency Facilities. (d) The City, acting through the EDA, and 3M desire to propose special legislation to be adopted by the Minnesota Legislature that will provide tax increment financing assistance to the Project and the Emergency Facilities under the current tax Packet Page Number 14 of 236 January 28, 2013 City Council Meeting Minutes 14 increment financing laws. The proposed special legislation has been presented to the City Council. (e) 3M is important to the City and to the State of Minnesota as a major employer and one of the largest taxpayers in the State and the City. (f) 3M’s new research and development facility is part of a global strategy of investing in innovation, which also includes a commitment to increase research and development investment to six percent of sales by 2017. (g) The 3M research and development facility will assist in maintaining the core of 3M's research and development in the City. (h) With a large percentage of 3M's worldwide workforce likely to retire in the upcoming years, the renovation of the office space at the headquarters is a necessary step to remain competitive in today's workforce and attrack highly trained individuals. (i) The City desires to support 3M in the construction of the Project. (ii) Support Special Legislation. The City and the EDA hereby support the proposed special legislation that will allow special rules under the tax increment financing statutes for the Project and the Emergency Facilities. (iii) Effective Date. This resolution is effective upon the date of its approval. Adopted this 28th day of January, 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS 1. TH 36 / English Street Interchange Improvements, City Project 09-08 a. Resolution Receiving Bids and Awarding Construction Contract b. Resolution Ordering Preparation of Assessment Roll c. Approval of RCPRRA License Agreement Public Works Director/City Engineer gave the staff report and answered questions of the council. Mayor Rossbach moved to approve the Resolution Receiving Bids and Awarding Construction Contract to Forest Lake Contracting, Inc. RESOLUTION 13-1-852 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the contract bid of Forest Lake Contracting, Inc. in the amount of $16,577,185.42, is the lowest responsible bid for the construction of the TH 36/English Street Interchange Improvement – City Project 09-08 [State Project 6211-90 and Federal Project STP- TEAX 6212(278)], and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. Adopted by the City Council on this 28th day of January, 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 15 of 236 January 28, 2013 City Council Meeting Minutes 15 Mayor Rossbach moved to approve the Resolution Order Preparation of Assessment Roll. RESOLUTION 13-1-853 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the TH 36/English Street Interchange Improvement, City Project 09-08, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Adopted by the City Council on this 28th day of January, 2013. Seconded by Councilmember Koppen Ayes – All Mayor Rossbach moved to approve staff moving forward with negotiations that are required with the Ramsey County Regional Rail Authority pertaining to the replacement of the pedestrian bridge across Highway 36. Councilmember Juenemann would like to underline the statement that says “The City understands that by Ramsey County Regional Rail Authority signing this agreement it does not obligate the City to provide for a replacement rail bridge” nor “will the City have no part in the ownership or maintenance of that pedestrian bridge facility”. Seconded by Councilmember Koppen Ayes – All The motion passed. L. ADMINISTRATIVE PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Fish Creek Event Councilmember Juenemann reminded residents that the Fish Creek Event-Minnesota Get Together on February 22, 2013 is at the Maplewood Community Center from 5:30 p.m. to 9:00 p.m. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 8:57 p.m. Packet Page Number 16 of 236 Agenda Item F1 Agenda Report TO: James W. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: February 6, 2013 SUBJECT: Commissioner Appointments a. Human Rights Commission b. Parks & Recreation Commission c. Planning Commission d. Community Design Review Board INTRODUCTION/SUMMARY There are a total of seven openings: one on the Human Rights Commission, two on the Parks & Recreation Commission, two on the Planning Commission and two on the Community Design Review Board. These openings are due to terms expiring and resignations. The City has advertised and accepted applications from interested individuals. The City Council then interviewed the candidates for these commissions and filled out ballots on February 4, 2013, which staff has tallied. The tallied ballots show one of the candidates, Bill Kempe, to be appointed to two commissions, the Planning Commission and the Community Design Review Board. Staff has spoken with Mr. Kempe and he has indicated that he is willing and able to serve on both commissions. The Council should decide if they would like Mr. Kempe to serve on both commissions or just one. RECOMMENDATION Staff recommends the City Council approve the attached resolution to appoint candidates to the commissions indicated. Human Rights Commission - Yaya Diatta, term expires May 1, 2015 Parks & Recreation Commission - Terri Mallet, term expires April 30, 2014 - Ron Cockriel, term expires April 30, 2016 Planning Commission - John Donofrio, term expires December 31, 2014 - Bill Kempe, term expires December 31, 2013 Community Design Review Board - Leo Burger, term expires April 30, 2016 - Bill Kempe, term expires April 30, 2015 Attachments: 1. Resolution for Appointment Packet Page Number 17 of 236 Attachment 1 RESOLUTION NO. ______ BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Human Rights Commission - Yaya Diatta, term expires May 1, 2015 Parks & Recreation Commission - Terri Mallet, term expires April 30, 2014 - Ron Cockriel, term expires April 30, 2016 Planning Commission - John Donofrio, term expires December 31, 2014 - Bill Kempe, term expires December 31, 2013 Community Design Review Board - Leo Burger, term expires April 30, 2016 - Bill Kempe, term expires April 30, 2015 Packet Page Number 18 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx AGENDA NO.G-1 TO:City Council FROM:Finance Manager RE:APPROVAL OF CLAIMS DATE: 385,561.52$ Checks # 89069 thru # 89110 dated 01/18/13 thru 01/29/13 412,019.06$ Disbursements via debits to checking account dated 01/22/13 thru 01/25/13 324,640.63$ Checks # 89111 thru # 89147 dated 02/05/13 6,348,960.56$ Disbursements via debits to checking account dated 01/28/13 thru 02/01/13 7,471,181.77$ Total Accounts Payable 547,562.75$ Payroll Checks and Direct Deposits dated 02/01/13 763.00$ Payroll Deduction check # 9989114 thru # 9989115 dated 02/01/13 548,325.75$ Total Payroll 8,019,507.52$ GRAND TOTAL as attachments 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. PAYROLL AGENDA REPORT February 11, 2013 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: Packet Page Number 19 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx Check Description Amount 89069 04839 TIMESHEET HRS INCORRECT 139.48 89070 02464 FUNDS FOR ATMS 10,000.00 89071 02464 FUNDS FOR ATMS 10,000.00 89072 04206 ATTORNEY SRVS FEES/RENT - FEB 15,433.33 89073 03809 RED CROSS BABYSITTING INSTRUCTION 112.00 89074 00985 WASTEWATER - FEB 217,290.63 89075 01819 LOCAL PHONE SERVICE 12/15 - 01/14 766.89 89076 03334 WINTER PATCH MATERIAL 233.42 89077 01190 ELECTRIC & GAS UTILITY 5,873.00 01190 ELECTRIC & GAS UTILITY 2,277.76 01190 ELECTRIC & GAS UTILITY 353.19 01190 FIRE SIRENS 50.19 89078 05179 GRAPHIC DESIGN WORK ON LOGOS 420.00 89079 00111 BOARDING & DESTRUCTION FEES 1,539.02 89080 02141 WATER RESCUE ITEMS 2,772.00 89081 03958 REIMB FOR UNIFORM 11/3 - 11/23 56.49 89082 00211 PROJ 11-15 PROF SRVS THRU 12/28 370.00 89083 00261 TIF PMT TO DEVELOPER 2ND HALF 2012 45,261.00 89084 04155 ANNUAL FEE FOR WEBSITE SERVICE 10,366.80 89085 02567 PROJ 09-08 ACQUISITION SERVICES 375.00 89086 00543 RICOH 1515 COPIER EQUIP BUYOUT 203.07 89087 05055 NEW SQUAD BUILDS & REPAIRS 9,039.46 05055 NEW SQUAD BUILDS & REPAIRS 8,413.36 05055 NEW SQUAD BUILDS & REPAIRS 369.31 89088 03323 LEASE - SUSPECT COMPOSITE PROG 350.00 89089 04992 2012 AUDIT 5,000.00 89090 01079 MEMBERSHIP DUES 320.00 89091 01088 PROJ 09-09 INVESTIGATION CLEANUP 1,000.00 89092 01175 MONTHLY UTILITIES - DECEMBER 2,795.66 01175 FIBER OPTIC ACCESS CHARGE - JAN 1,068.75 89093 00001 M GOETZEL CN 10009662 951.00 89094 00001 D BATTERSON CN 10005431 508.00 89095 00001 REFUND S HEMMONS FOR TRANS MEDIC 291.00 89096 00001 REFUND S FLYNN UCARE BENEFIT 238.27 89097 00001 S VANG CN 10018754 100.00 89098 00001 REFUND C VOSS BAL MEMBERSHIP 43.92 89099 00001 REFUND BUNKOWSKI BAL MEMBERSHIP 36.15 89100 04276 INSTRUCTION FEES 480.00 04276 INSTRUCTION FEES 384.00 89101 01295 SAFE DEPOSIT BOX RENT - BOX #149 80.00 89102 00396 SRVS (CJDN) PROVIDED TO PD-4TH QTR 1,920.00 89103 01341 MEMBERSHIP DUES 60.00 89104 05180 REIMB APPRAISAL COST PARCEL #20 5,000.00 89105 02001 PHONE SERVICE - JAN 1,436.20 89106 01836 SRVS (RMS) PROVIDED TO PD - JAN 5,196.09 01836 PROJ 11-15 RAISE GATE BOXES 1,231.14 89107 04357 BIOMEDICAL SERVICE 252.00 89108 02464 REPLENISH & INCREASE SEU BUY FUND 290.00 02464 REPLENISH THE SEU BUY FUND 157.00 89109 03825 TIF PAYMENT TO DEVELOPER 2ND HALF 10,828.53 89110 01771 RAMSEY CO GIS USER GROUP FEE 3,828.41 01/24/2013 US BANK 01/25/2013 US BANK 01/29/2013 H.A. KANTRUD Check Register City of Maplewood 01/25/2013 Date Vendor 01/18/2013 LADONNA HOLMBERG 01/29/2013 UNIQUE PAVING MATERIALS CORP 01/29/2013 XCEL ENERGY 01/29/2013 XCEL ENERGY 01/29/2013 CASIE JACKSON 01/29/2013 METROPOLITAN COUNCIL 01/29/2013 PAETEC 01/29/2013 ANIMAL CONTROL SERVICES 01/29/2013 ATLAS OUTFITTERS 01/29/2013 MARKESE BENJAMIN 01/29/2013 XCEL ENERGY 01/29/2013 XCEL ENERGY 01/29/2013 NATHAN ALBERG 01/29/2013 EVERGREEN LAND SERVICES 01/29/2013 GE CAPITAL 01/29/2013 HEALTHEAST VEHICLE SERVICES 01/29/2013 BRAUN INTERTEC CORP. 01/29/2013 CAREFREE COTTAGES OF MAPLEWOOD 01/29/2013 CIVICPLUS 01/29/2013 KERN, DEWENTER, VIERE, LTD 01/29/2013 MN CHIEFS OF POLICE ASSN 01/29/2013 MN POLLUTION CONTROL AGENCY 01/29/2013 HEALTHEAST VEHICLE SERVICES 01/29/2013 HEALTHEAST VEHICLE SERVICES 01/29/2013 IDENTI-KIT SOLUTIONS 01/29/2013 ONE TIME VENDOR 01/29/2013 ONE TIME VENDOR 01/29/2013 ONE TIME VENDOR 01/29/2013 CITY OF NORTH ST PAUL 01/29/2013 CITY OF NORTH ST PAUL 01/29/2013 ONE TIME VENDOR 01/29/2013 PARTNERS IN EDUCATION INC 01/29/2013 PARTNERS IN EDUCATION INC 01/29/2013 PREMIER BANK 01/29/2013 ONE TIME VENDOR 01/29/2013 ONE TIME VENDOR 01/29/2013 ONE TIME VENDOR 01/29/2013 CITY OF ROSEVILLE 01/29/2013 CITY OF ST PAUL 01/29/2013 CITY OF ST PAUL 01/29/2013 MN DEPT OF PUBLIC SAFETY 01/29/2013 RAMSEY CTY FIRE CHIEFS ASSN 01/29/2013 ROGER AND NAOMI INC. 01/29/2013 VAN DYKE STREET HOMES 01/29/2013 CITY OF WHITE BEAR LAKE 385,561.52 42 Checks in this report. 01/29/2013 UNIVERSAL HOSPITAL SRVS, INC. 01/29/2013 US BANK 01/29/2013 US BANK Packet Page Number 20 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx Settlement Date Payee Description Amount 1/22/2013 MN State Treasurer Drivers License/Deputy Registrar 21,965.79 1/22/2013 Pitney Bowes Postage 2,985.00 1/22/2013 MN Dept of Revenue Sales Tax 9,725.00 1/22/2013 U.S. Treasurer Federal Payroll Tax 123,566.09 1/22/2013 P.E.R.A.P.E.R.A.87,859.61 1/22/2013 MidAmerica - ING HRA Flex plan 16,087.73 1/22/2013 Labor Unions Union Dues 3,556.64 1/23/2013 MN State Treasurer Drivers License/Deputy Registrar 45,718.54 1/23/2013 MN Dept of Revenue Fuel Tax 766.65 1/23/2013 MN State Treasurer State Payroll Tax 24,827.86 1/24/2013 MN State Treasurer Drivers License/Deputy Registrar 33,830.45 1/25/2013 MN State Treasurer Drivers License/Deputy Registrar 39,703.14 1/25/2013 Optum Health DCRP & Flex plan payments 1,426.56 TOTAL 412,019.06 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 21 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx Check Description Amount 89111 02149 MARKETING & ADVERTISING - JAN 4,000.00 02149 4TH QTR COMMISSION 151.74 89112 00585 ANNUAL FEE 2013 100.00 89113 01202 MAPLEWOOD MONTHLY - JAN 7,300.22 89114 01337 PROJ 11-14 FILING & RECORDING FEES 166.00 01337 PROJ 09-08 FILING & RECORDING FEES 46.00 01337 PROJ 11-09 FILING & RECORDING FEES 46.00 89115 01463 MCC MASSAGES - DEC 1-15 871.50 01463 MCC MASSAGES - DEC 16-31 553.50 89116 01574 SAND FOR SAND BAGS 55.15 89117 04845 RECYCLING FEE - JANUARY 27,499.50 89118 01615 REPAIR AQUATIC AREA AIR UNIT 10,526.85 89119 04252 INSTALLATION OF RECEIVER TUBE 229.78 89120 01190 ELECTRIC & GAS UTILITY 11,282.02 01190 ELECTRIC & GAS UTILITY 9,581.18 01190 ELECTRIC & GAS UTILITY 3,805.53 89121 00111 PATROL & CALL-OUT HOURS 1/13-1/27 1,455.00 89122 04848 MONTHLY PREMIUM - FEBRUARY 240.67 89123 04471 SOUND TECHNICIAN MCC JAN 19 500.00 89124 04851 LICENSING AGREEMENT 2013 327.00 89125 02624 TREATED ROAD SALT~13,319.28 89126 04911 LINENS FOR BRIDAL EXPO MCC FEB 2 192.38 89127 05181 POLICE DEPT EXPANSION PROJ 8,730.50 89128 00472 CONSULTING FEES 1/14 - 1/25 1,150.00 89129 02929 LTC MONTHLY PREMIUM - FEBRUARY 336.72 89130 00644 MONTHLY PREMIUM - FEBRUARY 12,198.65 89131 03597 REIMB FOR MILEAGE 1/10 - 1/29 13.85 89132 00827 CLAIM DEDUCTIBLE C0017890 1,000.00 89133 00857 SAFETY & LOSS CONTROL WORKSHOP 20.00 89134 03818 MONTHLY PREMIUM - FEBRUARY 154,029.69 89135 01126 MONTHLY PREMIUM - FEBRUARY 528.00 89136 02909 ROAD SALT~18,639.15 89137 00001 HMONG AMERICAN CHARITABLE GAMBLING 878.40 89138 00001 REFUND K HERMANSON BCBS BENEFIT 40.00 89139 04410 M ZELLAR CONCERT MCC JAN 19 2,472.00 89140 04964 ACUPUNCTURE SESSIONS - DEC 150.00 04964 ACUPUNCTURE SESSIONS - JAN 135.00 89141 02008 EMERGENCY PRE-EMPTION SYS SERVICE 903.77 02008 TRAFFIC SIGNAL LAMPING 36 & ENGLISH 131.69 89142 01359 CAR WASHES - DEC 75.00 89143 01418 CONCESSIONS 246.89 01418 VENDING MACHINE SUPPLIES 202.82 01418 CONCESSIONS 197.90 01418 SUPPLIES 12.98 01418 CONCESSIONS -13.91 89144 04262 GOLF INSTRUCTION WINTER 2012 240.00 89145 03616 TIF PMT TO DEVELOPER 2ND HALF 2012 29,121.32 89146 01836 STREET LIGHT REMOVAL FROST/ESHORE 205.16 89147 05013 HVAC MAINTENANCE SERVICE 745.75 02/05/2013 HEIDI CAREY 02/05/2013 GOPHER STATE ONE-CALL 02/05/2013 NYSTROM PUBLISHING CO INC Check Register City of Maplewood 02/01/2013 Date Vendor 02/05/2013 HEIDI CAREY 02/05/2013 SISTER ROSALIND GEFRE 02/05/2013 SISTER ROSALIND GEFRE 02/05/2013 T.A. SCHIFSKY & SONS, INC 02/05/2013 RAMSEY COUNTY-PROP REC & REV 02/05/2013 RAMSEY COUNTY-PROP REC & REV 02/05/2013 RAMSEY COUNTY-PROP REC & REV 02/05/2013 XCEL ENERGY 02/05/2013 XCEL ENERGY 02/05/2013 XCEL ENERGY 02/05/2013 TENNIS SANITATION LLC 02/05/2013 THERMO-DYNE, INC. 02/05/2013 TOWMASTER TRUCK EQUIP. INC. 02/05/2013 BMI 02/05/2013 CARGILL INCORPORATED 02/05/2013 DECKCI DECOR 02/05/2013 ANIMAL CONTROL SERVICES 02/05/2013 AVESIS 02/05/2013 B&B AVM INC. 02/05/2013 HEALTHPARTNERS 02/05/2013 MARY JO HOFMEISTER 02/05/2013 L M C I T 02/05/2013 DERAU CONSTRUCTION 02/05/2013 MICHAEL A ERICSON 02/05/2013 GLTC PREMIUM PAYMENTS 02/05/2013 NORTH AMERICAN SALT CO 02/05/2013 ONE TIME VENDOR 02/05/2013 ONE TIME VENDOR 02/05/2013 LEAGUE OF MINNESOTA CITIES 02/05/2013 MEDICA 02/05/2013 NCPERS MINNESOTA 02/05/2013 RAMSEY COUNTY PUBLIC WORKS 02/05/2013 RAMSEY COUNTY PUBLIC WORKS 02/05/2013 REGAL AUTO WASH BILLING 02/05/2013 OWEN LEE RECORDINGS, LLC 02/05/2013 POINTS TO HEALTH LLC 02/05/2013 POINTS TO HEALTH LLC 02/05/2013 SAM'S CLUB DIRECT 02/05/2013 SAM'S CLUB DIRECT 02/05/2013 GREG SCHULZE 02/05/2013 SAM'S CLUB DIRECT 02/05/2013 SAM'S CLUB DIRECT 02/05/2013 SAM'S CLUB DIRECT 324,640.63 37 Checks in this report. 02/05/2013 SIBLEY COVE, LTD PARTNERSHIP 02/05/2013 CITY OF ST PAUL 02/05/2013 YALE MECHANICAL LLC Packet Page Number 22 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx Settlement Date Payee Description Amount 1/28/2013 MN State Treasurer Drivers License/Deputy Registrar 34,733.25 1/28/2013 MN Dept of Natural Resources DNR electronic licenses 759.00 1/29/2013 MN State Treasurer Drivers License/Deputy Registrar 90,587.17 1/30/2013 MN State Treasurer Drivers License/Deputy Registrar 27,886.40 1/30/2013 US Bank Bank fees 110.99 1/31/2013 MN State Treasurer Drivers License/Deputy Registrar 23,455.98 2/1/2013 MN State Treasurer Drivers License/Deputy Registrar 22,777.45 2/1/2013 US Bank Merchant Services Credit Card Billing fee 3,374.72 2/1/2013 US Bank Debt Service payments 6,058,399.41 2/1/2013 ICMA (Vantagepointe)Deferred Compensation 4,164.15 2/1/2013 MN Dept of Natural Resources DNR electronic licenses 1,249.00 2/1/2013 US Bank VISA One Card*Purchasing card items 45,431.44 2/1/2013 ING - State Plan Deferred Compensation 28,729.00 2/1/2013 Optum Health DCRP & Flex plan payments 7,302.60 TOTAL 6,348,960.56 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 23 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx Transaction Date Posting Date Merchant Name Transaction Amount Name 01/15/2013 01/17/2013 GRUBERS POWER EQUIPMENT $53.74 DAVE ADAMS 01/17/2013 01/18/2013 GANDER MOUNTAIN $64.24 DAVE ADAMS 01/22/2013 01/23/2013 HENRIKSEN ACE HARDWARE $8.02 DAVE ADAMS 01/11/2013 01/14/2013 BEST BUY MHT 00000109 ($32.12)R CHARLES AHL 01/11/2013 01/14/2013 TARGET 00011858 $16.06 R CHARLES AHL 01/11/2013 01/14/2013 U OF M CCE NONCREDIT $345.00 R CHARLES AHL 01/18/2013 01/21/2013 MINNESOTA SOCIETY00 OF 00 $335.00 R CHARLES AHL 01/24/2013 01/25/2013 UNIFORMS UNLIMITED INC.$76.10 MARK ALDRIDGE 01/10/2013 01/14/2013 STREICHER'S MO $95.33 LONN BAKKE 01/14/2013 01/16/2013 CPS INC-DARECATALOUGE.COM $162.00 LONN BAKKE 01/24/2013 01/25/2013 CPS INC-DARECATALOUGE.COM $370.36 LONN BAKKE 01/10/2013 01/14/2013 GOVERNMENT FINANCE OFFIC $330.00 GAYLE BAUMAN 01/17/2013 01/21/2013 OFFICE DEPOT #1090 $77.20 REGAN BEGGS 01/19/2013 01/21/2013 OFFICE DEPOT #1079 $15.90 REGAN BEGGS 01/21/2013 01/22/2013 ST PAUL STAMP WORKS INC $109.88 REGAN BEGGS 01/23/2013 01/24/2013 ST PAUL STAMP WORKS INC $90.80 REGAN BEGGS 01/24/2013 01/25/2013 DRIVERS LICENSE GUIDE $28.95 REGAN BEGGS 01/22/2013 01/24/2013 SPORTS AUTHORI00007013 $32.14 MARKESE BENJAMIN 01/23/2013 01/24/2013 ZAP*ZAPPOS.COM $87.99 MARKESE BENJAMIN 01/17/2013 01/18/2013 CRUTCHFIELD.COM $149.97 CHAD BERGO 01/18/2013 01/21/2013 TIGER OAK $600.00 CHRISTINE BERNARDY 01/17/2013 01/18/2013 WALGREENS #2805 $8.00 OAKLEY BIESANZ 01/16/2013 01/17/2013 TARGET 00011858 $42.20 NEIL BRENEMAN 01/11/2013 01/14/2013 RU2 SYSTEMS $215.00 TROY BRINK 01/18/2013 01/21/2013 SHARROW LIFTING PRODUCTS $122.05 TROY BRINK 01/23/2013 01/24/2013 HAR MAR LOCK AND KEY $196.75 TROY BRINK 01/24/2013 01/25/2013 HENRIKSEN ACE HARDWARE $7.24 BRENT BUCKLEY 01/24/2013 01/25/2013 MENARDS 3059 $13.75 BRENT BUCKLEY 01/14/2013 01/16/2013 SUBWAY 00052159 $60.63 SARAH BURLINGAME 01/17/2013 01/21/2013 OFFICE DEPOT #1090 $68.15 SARAH BURLINGAME 01/20/2013 01/21/2013 SUPERAMERICA 4022 $22.22 DAN BUSACK 01/20/2013 01/21/2013 SUPERAMERICA 4022 $29.12 DAN BUSACK 01/22/2013 01/23/2013 DAVANNI'S #1 $19.65 DAN BUSACK 01/18/2013 01/21/2013 BROWNELLS INC $85.93 DANIEL BUSACK 01/16/2013 01/18/2013 NAPA STORE 3279016 $24.14 JOHN CAPISTRANT 01/19/2013 01/21/2013 AUTOZONE #3082 $25.69 JOHN CAPISTRANT 01/16/2013 01/18/2013 THE HOME DEPOT 2801 $4.97 SCOTT CHRISTENSON 01/17/2013 01/21/2013 THE HOME DEPOT 2801 $119.16 SCOTT CHRISTENSON 01/23/2013 01/24/2013 HENRIKSEN ACE HARDWARE $18.74 SCOTT CHRISTENSON 01/23/2013 01/24/2013 MENARDS 3022 $31.47 SCOTT CHRISTENSON 01/18/2013 01/21/2013 ZIEBART MAPLEWOOD MN 47 $224.44 KERRY CROTTY 01/18/2013 01/21/2013 NXT*HOWARD TECHNOLOGY $797.19 KERRY CROTTY 01/13/2013 01/15/2013 THE HOME DEPOT 2810 $7.69 CHARLES DEAVER 01/22/2013 01/23/2013 KNOWLAN'S MARKET #2 $5.12 CHARLES DEAVER 01/24/2013 01/25/2013 FRATTALLONES WOODBURY AC $9.93 CHARLES DEAVER 01/23/2013 01/25/2013 KEEPRS INC 2 $129.12 JOSEPH DEMULLING 01/24/2013 01/25/2013 AMAZON MKTPLACE PMTS $23.99 JOSEPH DEMULLING 01/10/2013 01/14/2013 OHIOASC.COM $53.19 TOM DOUGLASS 01/10/2013 01/14/2013 THE HOME DEPOT 2801 $73.45 TOM DOUGLASS 01/11/2013 01/14/2013 HVAC PLUS $226.98 TOM DOUGLASS 01/14/2013 01/16/2013 CONTINENTAL RESEARCH $432.84 TOM DOUGLASS 01/22/2013 01/23/2013 STATE SUPPLY $768.68 TOM DOUGLASS 01/16/2013 01/17/2013 AMAZON MKTPLACE PMTS $78.93 MICHAEL DUGAS 01/22/2013 01/23/2013 FASTENAL COMPANY01 $27.06 DOUG EDGE 01/10/2013 01/14/2013 GENERAL PARTS, LLC $42.32 LARRY FARR 01/11/2013 01/14/2013 DISPLAYS2GOCOM $431.13 LARRY FARR Packet Page Number 24 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 01/11/2013 01/14/2013 CINTAS #470 $89.20 LARRY FARR 01/12/2013 01/14/2013 MACY*S EAST #236 $359.90 LARRY FARR 01/12/2013 01/14/2013 TIERNEY BROTHERS INC $534.37 LARRY FARR 01/17/2013 01/21/2013 GENERAL PARTS, LLC $54.48 LARRY FARR 01/18/2013 01/21/2013 CINTAS #470 $110.22 LARRY FARR 01/18/2013 01/21/2013 CINTAS #470 $62.85 LARRY FARR 01/19/2013 01/21/2013 CINTAS #470 $104.98 LARRY FARR 01/19/2013 01/21/2013 CINTAS #470 $104.98 LARRY FARR 01/19/2013 01/21/2013 CINTAS #470 $104.98 LARRY FARR 01/19/2013 01/21/2013 CINTAS #470 $104.98 LARRY FARR 01/19/2013 01/21/2013 CINTAS #470 $287.10 LARRY FARR 01/23/2013 01/25/2013 ADAM'S PEST CONTROL INC $610.61 LARRY FARR 01/23/2013 01/25/2013 ADAM'S PEST CONTROL INC $194.17 LARRY FARR 01/23/2013 01/25/2013 ADAM'S PEST CONTROL INC $323.62 LARRY FARR 01/23/2013 01/25/2013 ADAM'S PEST CONTROL INC $159.49 LARRY FARR 01/17/2013 01/18/2013 INT'L CODE COUNCIL $665.00 DAVID FISHER 01/21/2013 01/22/2013 KOHL'S #0052 ($10.00)TIMOTHY FLOR 01/21/2013 01/22/2013 MACY*S EAST #236 ($34.99)TIMOTHY FLOR 01/21/2013 01/22/2013 KOHL'S #0052 $98.98 TIMOTHY FLOR 01/21/2013 01/25/2013 MACY*S EAST #236 $74.62 TIMOTHY FLOR 01/23/2013 01/25/2013 REI 42 ROSEVILLE $52.83 TIMOTHY FLOR 01/11/2013 01/14/2013 PAYFLOW/PAYPAL $59.95 MYCHAL FOWLDS 01/21/2013 01/21/2013 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 01/22/2013 01/23/2013 TOSHIBA BUSINESS SOLUTION $579.60 MYCHAL FOWLDS 01/22/2013 01/23/2013 TOSHIBA BUSINESS SOLUTION $428.57 MYCHAL FOWLDS 01/22/2013 01/23/2013 TOSHIBA BUSINESS SOLUTION $387.73 MYCHAL FOWLDS 01/14/2013 01/15/2013 CYPRESSINDU $106.70 NICK FRANZEN 01/14/2013 01/15/2013 GOLDCOM INC $64.89 NICK FRANZEN 01/19/2013 01/21/2013 HP DIRECT-PUBLICSECTOR $106.05 NICK FRANZEN 01/22/2013 01/23/2013 IDU*INSIGHT PUBLIC SEC $344.39 NICK FRANZEN 01/15/2013 01/17/2013 THE HOME DEPOT 2801 $24.07 CLARENCE GERVAIS 01/18/2013 01/21/2013 BECKER FIRE & SAFETY SERV $64.13 CLARENCE GERVAIS 01/16/2013 01/18/2013 OFFICE DEPOT #1090 $79.19 JEAN GLASS 01/12/2013 01/14/2013 BLUE RIBBON BAIT & TACKLE $11.22 JAN GREW HAYMAN 01/17/2013 01/21/2013 JOANN ETC #1902 $32.11 JAN GREW HAYMAN 01/14/2013 01/16/2013 STREICHER'S MILW $189.99 TIMOTHY HAWKINSON JR. 01/15/2013 01/16/2013 LA POLICE GEAR INC $162.35 TIMOTHY HAWKINSON JR. 01/21/2013 01/23/2013 STREICHER'S MPLS ($189.99)TIMOTHY HAWKINSON JR. 01/14/2013 01/15/2013 KOHL'S #0054 $74.99 STEVEN HIEBERT 01/16/2013 01/17/2013 AMAZON MKTPLACE PMTS $24.00 STEVEN HIEBERT 01/11/2013 01/14/2013 MILLS FLEET FARM #2,700 $12.82 GARY HINNENKAMP 01/10/2013 01/14/2013 DOLRTREE 3150 00031500 $21.43 RON HORWATH 01/10/2013 01/14/2013 OFFICE MAX $17.66 RON HORWATH 01/16/2013 01/17/2013 RUBBER STAMP CHAMP $201.73 RON HORWATH 01/18/2013 01/21/2013 MENARDS 3059 $10.66 RON HORWATH 01/23/2013 01/25/2013 OFFICE MAX $22.48 RON HORWATH 01/24/2013 01/25/2013 SPRINT AQUATICS $230.66 RON HORWATH 01/11/2013 01/14/2013 KNOWLAN'S MARKET #2 $17.30 ANN HUTCHINSON 01/14/2013 01/15/2013 KNOWLAN'S MARKET #2 $8.70 ANN HUTCHINSON 01/15/2013 01/17/2013 GTC UNITED WAY $210.00 MARY JACKSON 01/09/2013 01/14/2013 DALCO ENTERPRISES, INC $30.59 DAVID JAHN 01/14/2013 01/24/2013 DALCO ENTERPRISES, INC $57.59 DAVID JAHN 01/15/2013 01/16/2013 MENARDS 3059 ($15.27)DAVID JAHN 01/15/2013 01/16/2013 MENARDS 3059 $66.49 DAVID JAHN 01/15/2013 01/16/2013 MENARDS 3059 $25.32 DAVID JAHN 01/16/2013 01/17/2013 AMAZON MKTPLACE PMTS $271.49 DAVID JAHN 01/18/2013 01/21/2013 MENARDS 3059 ($16.00)DAVID JAHN Packet Page Number 25 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 01/18/2013 01/21/2013 MENARDS 3059 $38.30 DAVID JAHN 01/15/2013 01/17/2013 RED WING SHOE STORE $161.24 KEVIN JOHNSON 01/15/2013 01/17/2013 RED WING SHOE STORE $34.90 KEVIN JOHNSON 01/17/2013 01/18/2013 EDGEWATER RESORT $92.17 KEVIN JOHNSON 01/17/2013 01/21/2013 HOLIDAY INN DULUTH FB $12.86 KEVIN JOHNSON 01/18/2013 01/21/2013 SUBWAY 00106591 $5.26 KEVIN JOHNSON 01/18/2013 01/21/2013 HOLIDAY INN DULUTH FB $17.23 KEVIN JOHNSON 01/19/2013 01/21/2013 SUBWAY 00106591 $5.14 KEVIN JOHNSON 01/19/2013 01/21/2013 HOLIDAY INNS $207.70 KEVIN JOHNSON 01/22/2013 01/24/2013 OFFICE DEPOT #1090 $144.74 LOIS KNUTSON 01/23/2013 01/25/2013 OFFICE DEPOT #1090 $85.45 LOIS KNUTSON 01/20/2013 01/21/2013 COMCAST CABLE COMM $143.80 DUWAYNE KONEWKO 01/17/2013 01/18/2013 FEDEXOFFICE 00006171 $430.77 JASON KREGER 01/16/2013 01/17/2013 UNIFORMS UNLIMITED INC.$28.84 NICHOLAS KREKELER 01/12/2013 01/14/2013 FBI NATIONAL ACADEMY ASSO $75.00 DAVID KVAM 01/12/2013 01/15/2013 HEALTHEAST TRANSPORTATN $2,918.94 DAVID KVAM 01/13/2013 01/14/2013 COMCAST CABLE COMM $41.00 DAVID KVAM 01/15/2013 01/17/2013 STREICHER'S MO $1,150.00 DAVID KVAM 01/16/2013 01/18/2013 STREICHER'S MO $175.00 DAVID KVAM 01/16/2013 01/18/2013 STREICHER'S MO $175.00 DAVID KVAM 01/17/2013 01/21/2013 MINNESOTA CHIEFS OF POLIC ($130.00)DAVID KVAM 01/23/2013 01/24/2013 THE GRAFIX SHOPPE $810.00 DAVID KVAM 01/23/2013 01/24/2013 THE GRAFIX SHOPPE $363.38 DAVID KVAM 01/10/2013 01/14/2013 KEEPRS INC 2 $200.00 SCOTT LANGNER 01/11/2013 01/14/2013 TARGET 00011858 $46.05 MICHAEL LOCHEN 01/11/2013 01/14/2013 ASPEN MILLS INC.$278.45 STEVE LUKIN 01/11/2013 01/14/2013 ASPEN MILLS INC.$48.95 STEVE LUKIN 01/16/2013 01/17/2013 ORIGINAL MATTRESS FACT $459.87 STEVE LUKIN 01/23/2013 01/24/2013 EMERGENCY APPARATUS MAINT $1,987.57 STEVE LUKIN 01/24/2013 01/25/2013 MENARDS 3059 $39.25 STEVE LUKIN 01/11/2013 01/14/2013 UNIFORMS UNLIMITED INC.$213.56 JERROLD MARTIN 01/12/2013 01/14/2013 GALLS INTERN*$90.00 JERROLD MARTIN 01/12/2013 01/14/2013 AMAZON MKTPLACE PMTS $103.14 JERROLD MARTIN 01/13/2013 01/14/2013 AMAZON MKTPLACE PMTS $58.98 JERROLD MARTIN 01/14/2013 01/15/2013 HAYNEEDLE INC $199.99 JERROLD MARTIN 01/16/2013 01/17/2013 UNIFORMS UNLIMITED INC.$25.00 JERROLD MARTIN 01/18/2013 01/21/2013 AMAZON MKTPLACE PMTS ($13.24)JERROLD MARTIN 01/23/2013 01/24/2013 ST PAUL PUBLIC WORKS PARK $2.00 MIKE MARTIN 01/14/2013 01/16/2013 MINNESOTA KARATE SUPPLIES $14.00 GLEN MCCARTY 01/10/2013 01/14/2013 VIDACARE CORPORATION $1,048.47 MICHAEL MONDOR 01/10/2013 01/14/2013 CHANNING BETE CO AHA $2,310.00 MICHAEL MONDOR 01/14/2013 01/16/2013 BOUND TREE MEDICAL LLC $319.00 MICHAEL MONDOR 01/14/2013 01/16/2013 BOUND TREE MEDICAL LLC $1,639.25 MICHAEL MONDOR 01/16/2013 01/17/2013 MOTION COMPUTING INC $173.42 MICHAEL MONDOR 01/21/2013 01/23/2013 BOUND TREE MEDICAL LLC ($98.64)MICHAEL MONDOR 01/21/2013 01/23/2013 BOUND TREE MEDICAL LLC $199.00 MICHAEL MONDOR 01/23/2013 01/25/2013 CHANNING BETE CO AHA $110.00 MICHAEL MONDOR 01/13/2013 01/14/2013 CINTAS CORP # 060A $42.59 BRYAN NAGEL 01/13/2013 01/14/2013 CINTAS CORP # 060A $148.65 BRYAN NAGEL 01/24/2013 01/25/2013 U OF M CCE NONCREDIT $300.00 BRYAN NAGEL 01/11/2013 01/14/2013 HENRIKSEN ACE HARDWARE $39.44 RICHARD NORDQUIST 01/18/2013 01/21/2013 DSW $64.95 MICHAEL NYE 01/12/2013 01/14/2013 MILLS FLEET FARM #2,400 $164.98 JORDAN ORE 01/18/2013 01/21/2013 THE HOME DEPOT 2801 $70.95 JORDAN ORE 01/10/2013 01/14/2013 OFFICE DEPOT #1090 $61.19 MARY KAY PALANK 01/15/2013 01/17/2013 OFFICE DEPOT #1090 $64.85 MARY KAY PALANK 01/16/2013 01/18/2013 OFFICE DEPOT #1090 $57.61 MARY KAY PALANK Packet Page Number 26 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 01/16/2013 01/18/2013 OFFICE DEPOT #1090 $55.74 MARY KAY PALANK 01/17/2013 01/21/2013 OFFICE DEPOT #1090 $288.08 MARY KAY PALANK 01/15/2013 01/16/2013 AUTOZONE3948 $34.65 ROBERT PETERSON 01/11/2013 01/14/2013 AGGRESSIVE HYDRAULICS $285.09 STEVEN PRIEM 01/15/2013 01/16/2013 TOUSLEY FORD $371.61 STEVEN PRIEM 01/15/2013 01/16/2013 UNLIMITED SUPPLIES INC $304.76 STEVEN PRIEM 01/16/2013 01/17/2013 FACTORY MTR PTS #1 $252.47 STEVEN PRIEM 01/16/2013 01/17/2013 AUTO PLUS NO ST PAUL 392 $82.94 STEVEN PRIEM 01/16/2013 01/17/2013 EMERGENCY AUTOMOTIVE $40.40 STEVEN PRIEM 01/16/2013 01/17/2013 TOUSLEY FORD $352.17 STEVEN PRIEM 01/17/2013 01/18/2013 BOYER TRUCK PARTS $317.95 STEVEN PRIEM 01/17/2013 01/18/2013 BOYER TRUCK PARTS $60.98 STEVEN PRIEM 01/17/2013 01/18/2013 AUTO PLUS NO ST PAUL 392 $77.00 STEVEN PRIEM 01/17/2013 01/18/2013 AMERICAN FASTENER AND SUP $105.17 STEVEN PRIEM 01/18/2013 01/21/2013 GOODYEAR AUTO SRV CT 6920 $52.00 STEVEN PRIEM 01/22/2013 01/23/2013 TOUSLEY FORD $49.58 STEVEN PRIEM 01/22/2013 01/24/2013 WHEELCO BRAKE &SUPPLY $76.19 STEVEN PRIEM 01/23/2013 01/24/2013 POLAR CHEVROLET MAZDA $281.21 STEVEN PRIEM 01/23/2013 01/24/2013 POLAR CHEVROLET MAZDA $5.11 STEVEN PRIEM 01/24/2013 01/25/2013 AUTO PLUS NO ST PAUL 392 $30.37 STEVEN PRIEM 01/24/2013 01/25/2013 SOL*SNAP-ON INDUSTRIAL $350.86 STEVEN PRIEM 01/23/2013 01/24/2013 VIKING ELECTRIC - ST PAUL $423.35 KELLY PRINS 01/23/2013 01/25/2013 HAFELE AMERICA CO $441.53 KELLY PRINS 01/22/2013 01/23/2013 HILLYARD INC MINNEAPOLIS $1,480.10 MICHAEL REILLY 01/14/2013 01/15/2013 TARGET 00011858 $34.12 LORI RESENDIZ 01/17/2013 01/18/2013 PTONTHENET/COURSES $750.00 LORI RESENDIZ 01/14/2013 01/16/2013 THE HOME DEPOT 2801 $55.51 ROBERT RUNNING 01/15/2013 01/16/2013 HENRIKSEN ACE HARDWARE $45.16 ROBERT RUNNING 01/15/2013 01/17/2013 THE HOME DEPOT 2801 ($8.49)ROBERT RUNNING 01/15/2013 01/17/2013 THE HOME DEPOT 2801 ($15.25)ROBERT RUNNING 01/15/2013 01/17/2013 THE HOME DEPOT 2801 $35.19 ROBERT RUNNING 01/16/2013 01/18/2013 SEARS ROEBUCK 1052 $53.80 ROBERT RUNNING 01/16/2013 01/18/2013 7 CORNERS ACE HARDWARE $1,021.36 ROBERT RUNNING 01/17/2013 01/18/2013 WINNICK SUPPLY $201.67 ROBERT RUNNING 01/17/2013 01/21/2013 GOODIN COMPANY $625.43 ROBERT RUNNING 01/17/2013 01/21/2013 GOODIN COMPANY $32.11 ROBERT RUNNING 01/22/2013 01/24/2013 THE HOME DEPOT 2801 $38.50 ROBERT RUNNING 01/15/2013 01/16/2013 USPS 26834500133401316 $13.30 DEB SCHMIDT 01/15/2013 01/17/2013 ON SITE SANITATION INC $52.37 SCOTT SCHULTZ 01/11/2013 01/14/2013 CUB FOODS #1599 $132.42 CAITLIN SHERRILL 01/13/2013 01/15/2013 ANDON BALLOONS INC -$28.54 CAITLIN SHERRILL 01/14/2013 01/16/2013 PIONEER PRESS ADVERTISING $175.00 CAITLIN SHERRILL 01/16/2013 01/17/2013 BAKERS-SQUARE-REST #0670 $88.91 CAITLIN SHERRILL 01/18/2013 01/21/2013 CUB FOODS #1599 $4.99 CAITLIN SHERRILL 01/18/2013 01/21/2013 CUB FOODS #1599 $88.81 CAITLIN SHERRILL 01/14/2013 01/16/2013 FBI NATIONAL ACADEMY ASSO $75.00 MICHAEL SHORTREED 01/17/2013 01/18/2013 INTOXIMETERS $170.12 MICHAEL SHORTREED 01/18/2013 01/21/2013 CPS INC-DARECATALOUGE.COM $486.00 MICHAEL SHORTREED 01/21/2013 01/22/2013 U.S. DIARY $446.08 MICHAEL SHORTREED 01/24/2013 01/25/2013 HTCIA $75.00 MICHAEL SHORTREED 01/24/2013 01/25/2013 SCIENCE MUSEUM OF MN $318.00 ANDREA SINDT 01/24/2013 01/25/2013 SCIENCE MUSEUM OF MN $318.00 ANDREA SINDT 01/23/2013 01/24/2013 BCA TRAINING EDUCATION $25.00 JOANNE SVENDSEN 01/15/2013 01/16/2013 AMAZON MKTPLACE PMTS $29.95 BRIAN TAUZELL 01/15/2013 01/16/2013 AMAZON MKTPLACE PMTS $6.90 BRIAN TAUZELL 01/15/2013 01/16/2013 AMAZON MKTPLACE PMTS $33.85 BRIAN TAUZELL 01/15/2013 01/16/2013 AMAZON MKTPLACE PMTS $20.96 BRIAN TAUZELL Packet Page Number 27 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 01/15/2013 01/17/2013 MINNESOTA KARATE SUPPLIES $80.34 BRIAN TAUZELL 01/21/2013 01/22/2013 CC MILITARY SURPLU $14.42 BRIAN TAUZELL 01/17/2013 01/18/2013 TARGET 00011858 $17.00 PAUL THIENES 01/17/2013 01/18/2013 CUB FOODS #1599 $12.82 PAUL THIENES 01/18/2013 01/21/2013 DELEGARD TOOL COMPANY $140.70 PAUL THIENES 01/19/2013 01/21/2013 OREILLY AUTO 00020743 $115.68 PAUL THIENES 01/23/2013 01/24/2013 U OF M CCE NONCREDIT $70.00 MICHAEL THOMPSON 01/16/2013 01/17/2013 BEST BUY MHT 00000109 $28.89 JOE TRAN 01/22/2013 01/23/2013 KOHL'S #744 $107.48 JOSEPH TRAN 01/11/2013 01/14/2013 OFFICE DEPOT #1090 $165.40 SUSAN ZWIEG 01/14/2013 01/16/2013 OFFICE DEPOT #1090 ($20.33)SUSAN ZWIEG 01/15/2013 01/17/2013 OFFICE DEPOT #1090 $33.39 SUSAN ZWIEG 01/17/2013 01/21/2013 DALCO ENTERPRISES, INC $593.46 SUSAN ZWIEG 01/18/2013 01/24/2013 DALCO ENTERPRISES, INC $45.13 SUSAN ZWIEG $45,431.44 Packet Page Number 28 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx CHECK #CHECK DATE EMPLOYEE NAME CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 02/01/13 CARDINAL, ROBERT 435.16 02/01/13 STRAUTMANIS, MARIS 80.00 02/01/13 VALLE, EDWARD 160.00 02/01/13 KOPPEN, MARVIN 435.16 02/01/13 ROSSBACH, WILLIAM 494.44 02/01/13 CAVE, REBECCA 435.16 02/01/13 JUENEMANN, KATHLEEN 435.16 02/01/13 CHRISTENSON, SCOTT 1,934.15 02/01/13 FARR, LARRY 3,215.25 02/01/13 BURLINGAME, SARAH 2,074.90 02/01/13 KANTRUD, HUGH 184.62 02/01/13 AHL, R. CHARLES 7,011.56 02/01/13 ANTONEN, JAMES 6,862.50 02/01/13 DEBILZAN, JUDY 1,327.92 02/01/13 JACKSON, MARY 2,126.06 02/01/13 BAUMAN, GAYLE 5,197.05 02/01/13 ANDERSON, CAROLE 2,680.39 02/01/13 JAHN, DAVID 2,210.48 02/01/13 RAMEAUX, THERESE 3,061.20 02/01/13 BEGGS, REGAN 1,517.77 02/01/13 GUILFOILE, KAREN 6,037.72 02/01/13 SINDT, ANDREA 2,113.82 02/01/13 ARNOLD, AJLA 1,627.69 02/01/13 KELSEY, CONNIE 3,098.65 02/01/13 RUEB, JOSEPH 2,773.80 02/01/13 MECHELKE, SHERRIE 1,047.61 02/01/13 MOY, PAMELA 1,520.45 02/01/13 CORTESI, LUANNE 1,117.37 02/01/13 LARSON, MICHELLE 1,827.75 02/01/13 SCHMIDT, DEBORAH 2,884.82 02/01/13 SPANGLER, EDNA 1,233.05 02/01/13 CORCORAN, THERESA 1,900.55 02/01/13 KVAM, DAVID 7,719.20 02/01/13 SCHOENECKER, LEIGH 1,653.65 02/01/13 WEAVER, KRISTINE 2,367.38 02/01/13 OSTER, ANDREA 1,907.49 02/01/13 RICHTER, CHARLENE 907.69 02/01/13 ABEL, CLINT 2,891.66 02/01/13 ALDRIDGE, MARK 3,225.69 02/01/13 SVENDSEN, JOANNE 2,101.79 02/01/13 THOMFORDE, FAITH 1,497.35 02/01/13 PALANK, MARY 2,009.48 02/01/13 POWELL, PHILIP 2,932.46 Packet Page Number 29 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 02/01/13 BIERDEMAN, BRIAN 3,626.70 02/01/13 BOHL, JOHN 3,151.33 02/01/13 BELDE, STANLEY 2,990.84 02/01/13 BENJAMIN, MARKESE 2,975.57 02/01/13 BAKKE, LONN 2,937.06 02/01/13 BARTZ, PAUL 3,791.42 02/01/13 DOBLAR, RICHARD 4,005.46 02/01/13 DUGAS, MICHAEL 4,210.98 02/01/13 CROTTY, KERRY 3,611.20 02/01/13 DEMULLING, JOSEPH 2,992.90 02/01/13 BUSACK, DANIEL 4,069.54 02/01/13 CARNES, JOHN 2,062.02 02/01/13 FRITZE, DEREK 3,474.80 02/01/13 GABRIEL, ANTHONY 3,426.91 02/01/13 FORSYTHE, MARCUS 2,746.86 02/01/13 FRASER, JOHN 3,504.13 02/01/13 ERICKSON, VIRGINIA 3,151.33 02/01/13 FLOR, TIMOTHY 3,725.17 02/01/13 KALKA, THOMAS 940.28 02/01/13 KONG, TOMMY 2,950.79 02/01/13 HIEBERT, STEVEN 3,777.84 02/01/13 JOHNSON, KEVIN 4,165.64 02/01/13 HAWKINSON JR, TIMOTHY 2,945.40 02/01/13 HER, PHENG 2,988.74 02/01/13 LU, JOHNNIE 3,303.01 02/01/13 LYNCH, KATHERINE 2,626.50 02/01/13 LANGNER, SCOTT 3,092.20 02/01/13 LANGNER, TODD 2,980.04 02/01/13 KREKELER, NICHOLAS 876.00 02/01/13 KROLL, BRETT 2,944.76 02/01/13 NYE, MICHAEL 4,142.52 02/01/13 OLSON, JULIE 3,117.76 02/01/13 MCCARTY, GLEN 3,301.64 02/01/13 METRY, ALESIA 3,038.70 02/01/13 MARINO, JASON 3,249.91 02/01/13 MARTIN, JERROLD 3,540.28 02/01/13 STEINER, JOSEPH 3,547.62 02/01/13 SYPNIEWSKI, WILLIAM 3,183.59 02/01/13 RHUDE, MATTHEW 2,992.90 02/01/13 SHORTREED, MICHAEL 5,180.84 02/01/13 PARKER, JAMES 2,626.50 02/01/13 REZNY, BRADLEY 2,953.29 02/01/13 TRAN, JOSEPH 2,992.55 02/01/13 WENZEL, JAY 3,126.80 02/01/13 THEISEN, PAUL 3,038.70 02/01/13 THIENES, PAUL 3,809.88 02/01/13 SZCZEPANSKI, THOMAS 2,990.84 02/01/13 TAUZELL, BRIAN 3,038.64 02/01/13 BAHL, DAVID 593.91 02/01/13 BASSETT, BRENT 618.12 02/01/13 XIONG, KAO 3,055.21 02/01/13 ANDERSON, BRIAN 145.44 Packet Page Number 30 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 02/01/13 BAUMAN, ANDREW 3,110.30 02/01/13 BOURQUIN, RON 957.48 02/01/13 DAWSON, RICHARD 5,777.50 02/01/13 EATON, PAUL 290.88 02/01/13 CRAWFORD - JR, RAYMOND 751.44 02/01/13 CRUMMY, CHARLES 375.72 02/01/13 CAPISTRANT, JACOB 109.08 02/01/13 CAPISTRANT, JOHN 675.22 02/01/13 HALE, JOSEPH 438.36 02/01/13 HALWEG, JODI 3,616.20 02/01/13 FOSSUM, ANDREW 3,633.65 02/01/13 HAGEN, MICHAEL 733.26 02/01/13 EVERSON, PAUL 3,884.49 02/01/13 FASULO, WALTER 229.81 02/01/13 JONES, JONATHAN 193.92 02/01/13 JUREK, GREGORY 2,357.82 02/01/13 IMM, TRACY 387.84 02/01/13 JANSEN, CHAD 303.00 02/01/13 HAWTHORNE, ROCHELLE 2,676.26 02/01/13 HUTCHINSON, JAMES 381.80 02/01/13 KUBAT, ERIC 2,915.47 02/01/13 LINDER, TIMOTHY 3,433.99 02/01/13 KERSKA, JOSEPH 666.60 02/01/13 KONDER, RONALD 36.36 02/01/13 KANE, ROBERT 636.34 02/01/13 KARRAS, JAMIE 290.88 02/01/13 MONSON, PETER 145.44 02/01/13 MORGAN, JEFFERY 315.13 02/01/13 MILLER, NICHOLAS 72.72 02/01/13 MONDOR, MICHAEL 3,259.74 02/01/13 LOCHEN, MICHAEL 820.12 02/01/13 MILLER, LADD 56.57 02/01/13 OPHEIM, JOHN 339.39 02/01/13 PACHECO, ALPHONSE 472.68 02/01/13 NOWICKI, PAUL 145.44 02/01/13 OLSON, JAMES 4,860.61 02/01/13 NIELSEN, KENNETH 399.96 02/01/13 NOVAK, JEROME 4,931.45 02/01/13 RANK, NATHAN 551.46 02/01/13 RANK, PAUL 581.76 02/01/13 POWERS, KENNETH 48.48 02/01/13 RAINEY, JAMES 606.00 02/01/13 PETERSON, MARK 823.67 02/01/13 PETERSON, ROBERT 3,272.34 02/01/13 SCHULTZ, JEROME 363.60 02/01/13 SEDLACEK, JEFFREY 3,526.07 02/01/13 RICE, CHRISTOPHER 413.61 02/01/13 RODRIGUEZ, ROBERTO 145.44 02/01/13 RAVENWALD, CORINNE 236.34 02/01/13 REYNOSO, ANGEL 339.36 02/01/13 STREFF, MICHAEL 5,081.58 02/01/13 SVENDSEN, RONALD 3,993.15 Packet Page Number 31 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 02/01/13 LUKIN, STEVEN 6,919.26 02/01/13 ZWIEG, SUSAN 1,706.92 02/01/13 WHITE, JOEL 157.56 02/01/13 GERVAIS-JR, CLARENCE 8,250.96 02/01/13 DEBILZAN, THOMAS 2,211.81 02/01/13 EDGE, DOUGLAS 2,308.80 02/01/13 BRINK, TROY 3,096.19 02/01/13 BUCKLEY, BRENT 2,389.71 02/01/13 KNUTSON, LOIS 2,054.95 02/01/13 NIVEN, AMY 1,425.42 02/01/13 RUIZ, RICARDO 1,586.47 02/01/13 RUNNING, ROBERT 2,721.70 02/01/13 NAGEL, BRYAN 4,262.48 02/01/13 OSWALD, ERICK 2,548.47 02/01/13 JONES, DONALD 2,329.95 02/01/13 MEISSNER, BRENT 2,177.66 02/01/13 JAROSCH, JONATHAN 2,964.59 02/01/13 KREGER, JASON 2,421.05 02/01/13 DUCHARME, JOHN 2,740.37 02/01/13 ENGSTROM, ANDREW 2,631.75 02/01/13 TEVLIN, TODD 2,270.88 02/01/13 BURLINGAME, NATHAN 2,087.21 02/01/13 JANASZAK, MEGHAN 1,569.35 02/01/13 KONEWKO, DUWAYNE 5,466.04 02/01/13 THOMPSON, MICHAEL 4,461.34 02/01/13 ZIEMAN, SCOTT 142.50 02/01/13 LINDBLOM, RANDAL 2,740.37 02/01/13 LOVE, STEVEN 3,584.44 02/01/13 NAUGHTON, JOHN 2,163.43 02/01/13 NORDQUIST, RICHARD 2,148.46 02/01/13 HAYS, TAMARA 1,539.75 02/01/13 HINNENKAMP, GARY 2,313.26 02/01/13 EDSON, DAVID 7,180.11 02/01/13 HAMRE, MILES 1,584.80 02/01/13 WACHAL, KAREN 1,002.96 02/01/13 GAYNOR, VIRGINIA 3,244.09 02/01/13 HAYMAN, JANET 1,507.43 02/01/13 HUTCHINSON, ANN 2,649.17 02/01/13 BIESANZ, OAKLEY 1,662.47 02/01/13 DEAVER, CHARLES 557.63 02/01/13 EKSTRAND, THOMAS 3,829.34 02/01/13 FINWALL, SHANN 3,412.63 02/01/13 THOMPSON, DEBRA 829.76 02/01/13 YOUNG, TAMELA 2,015.75 02/01/13 KROLL, LISA 1,900.55 02/01/13 SWANSON, CHRIS 660.00 02/01/13 SWAN, DAVID 2,766.15 02/01/13 WELLENS, MOLLY 1,709.69 02/01/13 CARVER, NICHOLAS 3,244.09 02/01/13 FISHER, DAVID 3,807.86 02/01/13 MARTIN, MICHAEL 2,762.95 02/01/13 BRASH, JASON 2,510.95 Packet Page Number 32 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 02/01/13 DRAKE, TAYLOR 32.00 02/01/13 GORACKI, GERALD 370.00 02/01/13 BJORK, BRANDON 239.25 02/01/13 BRENEMAN, NEIL 2,267.65 02/01/13 ACEITUNO, FELIPE 105.00 02/01/13 BERGER, STEPHANIE 605.63 02/01/13 MAIDMENT, COLIN 76.00 02/01/13 ROBBINS, AUDRA 3,019.96 02/01/13 LARSON, KATELYN 56.00 02/01/13 LUBKE, COLLEEN 63.00 02/01/13 KLEIN, AARON 126.00 02/01/13 KLEIN, TIM 140.00 02/01/13 VUKICH, CANDACE 410.75 02/01/13 ADAMS, DAVID 1,928.22 02/01/13 SHERWOOD, CHRISTIAN 451.00 02/01/13 TAYLOR, JAMES 2,876.58 02/01/13 ROBBINS, CAMDEN 367.50 02/01/13 RYAN, ANDREW 384.00 02/01/13 ANZALDI, MANDY 517.62 02/01/13 BERNARDY, CHRISTINE 2,448.93 02/01/13 SCHULTZ, SCOTT 3,342.97 02/01/13 WILBER, JEFFREY 1,539.75 02/01/13 HAAG, MARK 2,972.21 02/01/13 ORE, JORDAN 1,539.75 02/01/13 HOFMEISTER, MARY 1,119.96 02/01/13 HOFMEISTER, TIMOTHY 457.04 02/01/13 GLASS, JEAN 2,125.10 02/01/13 HER, PETER 243.63 02/01/13 CRAWFORD - JR, RAYMOND 408.83 02/01/13 EVANS, CHRISTINE 1,404.24 02/01/13 VUE, LOR PAO 421.52 02/01/13 AICHELE, MEGAN 349.13 02/01/13 SHERRILL, CAITLIN 888.34 02/01/13 VANG, TIM 472.00 02/01/13 KULHANEK-DIONNE, ANN 444.00 02/01/13 PELOQUIN, PENNYE 560.56 02/01/13 BRUSOE, CRISTINA 93.60 02/01/13 BUCKLEY, BRITTANY 272.00 02/01/13 BAETZOLD, SETH 54.38 02/01/13 BAUDE, SARAH 91.25 02/01/13 ANDERSON, ALYSSA 16.19 02/01/13 ANDERSON, JOSHUA 602.00 02/01/13 DRECHSEL, SARAH 58.75 02/01/13 DUNN, RYAN 1,115.91 02/01/13 CRANDALL, KRISTA 312.50 02/01/13 DEMPSEY, BETH 202.00 02/01/13 BUTLER, ANGELA 102.00 02/01/13 CLARK, PAMELA 19.30 02/01/13 FLORES, LUIS 96.00 02/01/13 FONTAINE, KIM 670.44 02/01/13 EHLE, DANIEL 51.45 02/01/13 ERICKSON-CLARK, CAROL 49.00 Packet Page Number 33 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 02/01/13 FOX, KELLY 60.00 02/01/13 FRAMPTON, SAMANTHA 46.00 02/01/13 HAGSTROM, EMILY 80.40 02/01/13 HANSEN, HANNAH 159.60 02/01/13 GRAY, MEGAN 102.95 02/01/13 GRUENHAGEN, LINDA 419.40 02/01/13 GADOW, ANNA 143.75 02/01/13 GIEL, NICOLE 57.00 02/01/13 JOYER, ANTHONY 51.80 02/01/13 KOHLER, ROCHELLE 72.00 02/01/13 HORWATH, RONALD 2,738.98 02/01/13 JOHNSON, BARBARA 425.70 02/01/13 HEINRICH, SHEILA 244.00 02/01/13 HOLMBERG, LADONNA 521.00 02/01/13 MCCOMAS, LEAH 87.50 02/01/13 NADEAU, TAYLOR 104.90 02/01/13 LAMSON, ELIANA 36.00 02/01/13 MCCANN, NATALIE 103.00 02/01/13 KOZDROJ, GABRIELLA 50.00 02/01/13 LAMEYER, BRENT 36.25 02/01/13 RESENDIZ, LORI 2,257.76 02/01/13 RICHTER, DANIEL 94.50 02/01/13 PROESCH, ANDY 680.27 02/01/13 RANEY, COURTNEY 741.00 02/01/13 NITZ, CARA 38.00 02/01/13 NORTHOUSE, KATHERINE 80.88 02/01/13 SCHREINER, MICHELLE 99.44 02/01/13 SMITH, CASEY 115.08 02/01/13 SCHREIER, ROSEMARIE 488.00 02/01/13 SCHREINER, MARK 43.80 02/01/13 RONNING, ISAIAH 88.55 02/01/13 SCHMIDT, EMILY 88.40 02/01/13 TUPY, HEIDE 160.30 02/01/13 TUPY, MARCUS 213.75 02/01/13 TREPANIER, TODD 220.00 02/01/13 TRUE, ANDREW 41.05 02/01/13 SMITLEY, SHARON 492.10 02/01/13 TAYLOR, MYLES 18.38 02/01/13 DANIEL, BREANNA 71.50 02/01/13 HITE, ANDREA 312.00 02/01/13 WEINHAGEN, SHELBY 279.75 02/01/13 BOSLEY, CAROL 126.54 02/01/13 VANG, XANG 84.00 02/01/13 WARNER, CAROLYN 316.80 02/01/13 DOUGLASS, TOM 1,948.97 02/01/13 MALONEY, SHAUNA 247.88 02/01/13 BORCHERT, JONATHAN 159.50 02/01/13 CRAWFORD, SHAWN 480.00 02/01/13 LANGER, CHELSEA 123.25 02/01/13 LANGER, KAYLYN 89.25 02/01/13 PRINS, KELLY 1,852.02 02/01/13 REILLY, MICHAEL 2,553.65 Packet Page Number 34 of 236 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms -1-25 and 2-1.xlsx 9989069 9989083 9989084 9989085 9989086 9989087 9989088 9989089 9989090 9989091 9989092 9989093 9989094 9989095 9989096 9989097 9989098 9989099 9989100 9989101 9989102 9989103 9989104 9989105 9989106 9989107 9989108 9989109 9989110 9989111 9989112 9989113 02/01/13 AICHELE, CRAIG 2,200.58 02/01/13 PRIEM, STEVEN 2,415.66 02/01/13 THOMPSON, BENJAMIN 423.75 02/01/13 VANG, GEORGE 203.00 01/18/13 HOLMBERG, LADONNA 162.00 02/01/13 ABRAHAMSON, AMANDA 186.00 02/01/13 FOWLDS, MYCHAL 3,991.22 02/01/13 FRANZEN, NICHOLAS 2,623.62 02/01/13 WOEHRLE, MATTHEW 2,209.19 02/01/13 BERGO, CHAD 2,628.80 02/01/13 BONKO, NICHOLAS 98.00 02/01/13 BRISENO, EMILIO 132.00 02/01/13 AYD, GWEN 60.00 02/01/13 BONKO, JACK 92.50 02/01/13 ABRAHAMSON, TYLER 78.00 02/01/13 ANDERSON, ZACHARY 73.50 02/01/13 GREENER, DOUGLAS 86.25 02/01/13 HANNIGAN, RACHEL 36.75 02/01/13 FERNANDEZ, JOSEPH 350.00 02/01/13 GALBA, DANIEL 432.00 02/01/13 DOTAS, ANDREW 36.00 02/01/13 DOTAS, KENT 46.50 02/01/13 O'BRIEN, PATRICIA 15.00 02/01/13 PETERSON, HAYLIE 306.00 02/01/13 MERRITT, JACOB 189.75 02/01/13 MERRITT, MICHAEL 330.00 02/01/13 KUSTERMAN, KEVIN 186.00 02/01/13 MEISSNER, MICHAEL 64.00 02/01/13 ERICSON, RACHEL 37.20 02/01/13 SCHREIER, ABIGAIL 117.91 02/01/13 WISTL, MARK 128.00 02/01/13 WISTL, MOLLY 231.00 02/01/13 SORENSON, ERICA 126.00 02/01/13 TARR-JR, GUS 90.00 547,562.75 02/01/13 CUSICK, JESSICA 203.00 02/01/13 STEFFEN, MICHAEL 87.00 02/01/13 WHITE, DANICA 42.08 02/01/13 RANGEL, SAMANTHA 225.25 02/01/13 SCOTT, HALEY 106.58 02/01/13 WALES, ABIGAIL 280.80 Packet Page Number 35 of 236 Agenda Item G2 AGENDA REPORT TO: James Antonen, City Manager FROM: Gayle Bauman, Finance Manager SUBJECT: Approval of 2012 Budget Adjustment and Transfer for Taste of Maplewood DATE: January 23, 2013 DISCUSSION A transfer needs to be completed each year from the General Fund to the Taste of Maplewood Fund to cover the net costs of the annual celebration. The budget also needs to be adjusted to reflect the amount of the transfer. The net costs for 2012 are $14,687.41. There was a small balance in the fund at the beginning of the year and the transfer amount needed to cover the current deficit is $14,685.77. The following entries need to be completed: Budget Adjustment ($4,815) Transfer $14,685.77 FINANCIAL IMPACT There is no financial impact to the city as the proposal is to transfer money between funds. RECOMMENDATION It is recommended that the Council authorize the transfer noted above and direct the Finance Manager to make the appropriate budget adjustment. P:\COUNCIL FILES\AGENDAS\2013\021 transfers taste CONSENT.doc Packet Page Number 36 of 236 Agenda Item G3 AGENDA REPORT TO: James Antonen, City Manager FROM: Gayle Bauman, Finance Manager SUBJECT: APPROVAL OF 2012 BUDGET CARRYOVERS/TRANSFERS DATE: February 6, 2013 DISCUSSION It has been past practice to permit the carry over from one year to the next of unspent monies for specific purposes. This involves reductions in the 2012 Budget and corresponding increases in the 2013 Budget. The Finance Manager has determined that the following requests are eligible for carry over. Fund Amount Account No. For General Fund $5,000 101-202-4490 Department reconfiguration General Fund 5,000 101-201-4550 Copier lease General Fund 9,600 101-404-4240 6 sets turnout gear General Fund 9,750 101-404-4160 Helmets General Fund 4,650 101-404-4240 Boots General Fund 45,000 101-115-4430 Trane control panels – City Hall General Fund 5,000 101-605-4480 Buckthorn removal – Joy Park General Fund 80,000 101-402-4165 Squad laptops – 20 General Fund 24,720 101-402-4610 Squad car – 1 General Fund 56,700 101-402-4160 Tasers – 53 General Fund 35,000 101-502-4180 Implement fog seal program General Fund 55,000 101-602-4180 Park trails & buildings improvements General Fund 5,000 101-301-4480 Republication of City Code General Fund 3,360 101-304-4160 Voting equipment General Fund 3,000 101-301-4165 Envelope printer CIP Fund 28,740 405-000-4720 Geranium Park playground equipment Fire Training Facility Fund 2,442,470 440-000-4660 Fire Training facility expenditures Police Dept expansion 121,250 442-401-4660 Police Dept expansion costs Storm Cleanup Fund -40,000 444-000-4759 Move 2013 budget to cover 2012 costs City Dump Fund 8,350 446-000-4490 City dump cleanup expenditures $2,907,590 Total for all funds Packet Page Number 37 of 236 In addition, the budgets for grant funds/donations not yet received should be carried over from 2012 to 2013. Fund Amount Account No. For Fire Training Facility State Aid $3,000,000 440-000-3530 Balance of state aid funds Fire Training Facility County Aid 450,000 440-000-3534 Balance of county aid funds CIP Fund donation 5,000 405-000-3803 Tom Kelly field donation $3,455,000 Total for all funds General Fund Transfers and Budget Adjustments: At the November 26, 2012 council meeting, a report was presented and approved to allow for one-time money to be transferred to other funds to help fund deferred items and alleviate deficits. It appears we will have more funds than originally thought and staff is recommending that some of those dollars be transferred to the Public Safety Expansion Fund to cover the cost of scanning all documents that are currently located in the Lektriever and to help offset future debt service costs. The scanning option came up recently and is an excellent long term solution and alternative to building out a new space and moving them. Scanning will promote efficiencies in work with the ability to view information right at your desk instead of going to a file room and pulling what you need and then re-filing it. There is currently $20,000 included in the Public Safety Expansion Fund budget for build out and moving costs. Staff is requesting an additional $45,000 to cover the costs of scanning. Staff is also recommending that the Public Safety Expansion Fund be added to the list of funds that could have excess, one-time money transferred to it in the event the City exceeds 40% of operating revenues. The final amounts are not yet know, but in no event would the total of the transfers completed bring the General Fund fund balance below the 40% level. RECOMMENDATION It is recommended that the City Council approve the carry over requests listed above and authorize the Finance Manager to reduce the 2013 budget as needed for any carry over amount that is not used for its specified purpose during the year. It is also recommended that the Council authorize the Finance Manager to make the entries necessary to account for the transfers requested from the General Fund to the Public Safety Expansion Fund as noted above. Packet Page Number 38 of 236 Agenda Item G4 AGENDA REPORT TO: James Antonen, City Manager FROM: Gayle Bauman, Finance Manager SUBJECT: Approval of Transfers from Tax Increment Funds for 2012 DATE: January 23, 2013 PROPOSAL It is proposed that the Council authorize the appropriate 2012 budget adjustments and 2012 transfers totaling $364,040 from the Tax Increment Funds to the Debt Service Funds. BACKGROUND Annually transfers are made from Tax Increment Funds to finance debt service costs on tax increment bonds. A breakdown by fund and comparison with the original budget is listed on the attachment. The result of the recommended transfers will be to decrease the fund balance of five Tax Increment Funds to an amount close to the amount that was anticipated in the 2013 Budget. FINANCIAL IMPACT There is no financial impact to the city as the proposal is to transfer money between funds. RECOMMENDATION It is recommended that the Council authorize the appropriate 2012 budget adjustments and 2012 transfers totaling $364,040 from the Tax Increment Funds to the Debt Service Funds. P:\COUNCIL FILES\AGENDAS\2013\021-TIF TRANSFERS.DOC Attachment: Transfers from Tax Increment Funds to Debt Service Funds Packet Page Number 39 of 236 TRANSFERS FROM TAX INCREMENT FUNDS TO DEBT SERVICE FUNDS 2012 2012 2012 BUDGET RE-EST. ACTUAL OPERATING TRANSFERS IN TO DEBT SERVICE FUNDS: Fund #336 1999B Tax Increment Bonds 71,450 76,950 77,570 Fund #363 2010B Refunding Bonds 303,740 285,880 286,470 Total transfers 375,190 362,830 364,040 OPERATING TRANSFERS OUT FROM TIF FUNDS: Fund #413 Housing District 1-1 110,770 109,160 109,380 Fund #414 Housing District 1-2 149,150 140,300 140,520 Fund #415 Housing District 1-3 43,820 36,420 36,570 Fund #416 Housing District 1-4 40,280 43,370 43,680 Fund #417 Housing District 1-5 31,170 33,580 33,890 Total transfers 375,190 362,830 364,040 Packet Page Number 40 of 236 Agenda G5 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: January 31, 2013 SUBJECT: Temporary Gambling Permit Resolution and Waive Permit Fees for Carver Elementary School Introduction An application has been submitted for a temporary gambling permit by Kathryn Culshaw 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 Friday, May 10th from 5:30 p.m. to 8:30 p.m. As part of the fundraiser, a temporary food sales permit for $55.00 has also been applied for. The organizer of the event is requesting the fees for these permit 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: RESOLUTION 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 for Carver Elementary School located at 2680 Upper Afton Rd. It is further recommended that the Council approve the fees be waived for a temporary food sales permit of $55.00. Packet Page Number 41 of 236 Item G6 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: January 31, 2013 SUBJE CT: Temporary Gambling Permit Resolution for MN Deer Hunters Association, Capitol Sportsmen Chapter Victor Yang representing MN Deer Hunters Association, Capitol Sportsmen Chapter has submitted an application for a temporary gambling permit for their annual banquet event. The event will be held at Downtown Lav 52 Restaurant located at 3030 Southlawn Drive, Maplewood on March 23, 2013 from 1:00p.m to 5:00p.m. It is requested the council approve the following resolutions for the temporary gambling. Introduction RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the MN Deer Hunters Association, Capitol Sportsmen Chapter. 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. It is recommended that council approve the lawful gambling resolution application for the MN Deer Hunters Association, Capitol Sportsmen Chapter for their event at Downtown Lav 52 Restaurant located at 3030 Southlawn Drive. Recommendation Packet Page Number 42 of 236 Item G7 Agenda Report TO: Jim Antonen, City Manager Karen Guilfoile, Citizen Services Director FROM: Regan Beggs, Business License Specialist DATE: January 31, 2013 SUBJECT: Renewal Fee Increase and Ordinance Amendment for Residential Alarm License Introduction Currently the residential alarm license carries a one-time fee of $57.00 to establish the applicant as a license holder. Once issued, the license is non-transferrable to a new residence or new residents and licenses are considered “continuous until cancelled.” For the purpose of alarm system licenses, Section 4-36 of City Code refers to residential units as “private dwellings.” Background Annually, renewal forms are sent out to residential alarm license holders to obtain updated contact information and document any change in the alarm system utilized. Per Section 4-36 of City Code, there is currently no renewal fee required. After review of the renewal process, it is recommended to set a nominal fee of $10.00 to cover the costs associated with the process (see following Resolution). Approval is also recommended of the following ordinance amendment: Chapter 4 – Alarms and Alarm Systems Sec. 4-36. - Required for alarm business, alarm system, proprietor alarm or audible alarm. (a) A license shall be required for each alarm business in the city. (b) No person shall engage in, conduct, or carry on an alarm business in the city without first applying for and receiving a license in accordance with this article. (c) No person shall install an alarm system or use, possess, or subscribe to an operative alarm system, proprietor alarm, or contract alarm on any building or premises in the city without first applying for and receiving a permit in accordance with this article. Fees for permits will be as established by the city clerk and may include annual renewal for nonresidential permits; however, no fee shall be charged for the renewal of permits for private dwellings. Fees for permits will be as established by the city council and shall be set from time to time. A schedule of such fees is on file and available in the city offices. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the renewal fee for a residential alarm system license be $10.00. Packet Page Number 43 of 236 FURTHERMORE, that the Maplewood City Council approve the ordinance amendment to Section 4-36 to eliminate the exception of “private dwellings” from incurring a renewal fee. Recommendation Staff recommends the approval of the Resolution setting the residential alarm license renewal fee, the approval of a revision to City Code Sec 4.36 to reflect the change, and to waive the second reading. Packet Page Number 44 of 236 MEMORANDUM TO: James Antonen, City Manager FROM: The Heritage Preservation Commission, David Fisher, Building Official Chuck Ahl, Assistant City Manager SUBJECT: Heritage Preservation Commission 2012 Annual Report DATE: February 1, 2013 INTRODUCTION The Heritage Preservation Commission (HPC) is submitting their annual report to the city council for review. 2012 ANNUAL REPORT Members The HPC consists of seven members appointed by the city council. Membership terms are for three years. The current membership is as follows: Commissioner Membership Began Term Expires Vacant 04-30-12 Vacant Peter Boulay (Chair) 10-09-06 04-30-15 Robert Creager 07-26-04 04-30-13 Lucille Aurelius (Vice Chair) 07-26-04 04-30-13 Richard Currie 01-26-04 04-30-13 Brenda Rudberg 04-11-11 04-30-14 Leonard Hughes 04-23-12 04-30-15 Meetings The HPC’s regularly scheduled meetings are the second Thursday of the month at 7:00 p.m. In 2012 the HPC held 8 meetings. Survey List as of September 30, 2012 City of Maplewood has designated this site Owner: City of Maplewood Bruentrup Farm Heritage Site 2170 County Rd D Maplewood, MN 55109 This Property is on the National Register Owner: Ramsey County Ramsey County Poor Farm Campus (Cemetery, barn, Milk house, Water Tower, garage and Boiler Shop) - Owner or Occupant 2020 White Bear Ave Maplewood, MN 55109 Agenda Item G8 Packet Page Number 45 of 236 2 Reviews and Accomplishments 1. Submitted to the Minnesota State Historical Society Office (SHPO) for Certified Local Government Status and obtained Certified Local Government (CLG) Status in March of 2012. 2. Satisfactorily perform the responsibilities listed from the MN CLG Procedures Manual and those specifically delegated to it under the Act by the MN SHPO: - The City of Maplewood HPC has demonstrated an active commitment from per the MN CLG Procedures Manual. - No numbers, names or dates of local designations were made in from March to September 30 of 2012. Our HPC was too new. - No building permits were reviewed in the short time. Our HPC was too new. - HPC members and officers have been submitted. - No National Register nomination were commented or submitted to the SHPO. - The Maplewood HPC is working toward obtaining a grant from SHPO to survey and provide the knowledge required to submit, designate and comment to SHPO for buildings or properties in 2012 & 2013. - The City staff Liaison and three Commission members went to the 32nd Annual Statewide Historic Preservation Conference in Fergus Falls, MN. 3. Educated Maplewood citizens by participating in events at the Bruentrup Heritage Farm and the Maplewood Library, identifying publications about Maplewood’s history at the Ramsey County Library and providing links on the City’s website from the State and County Historical Societies. 4. Worked on identifying and recognizing historic families. 5. Worked on identifying and recognizing the history of geographic features such as lakes and site, etc. 6. Recommended Charlotte Wasiluk for the Maplewood Heritage Award. The Maplewood Heritage Award is an annual award recognizing an individual who has positively influenced our city’s past or strengthened the preservation of Maplewood history. 7. Had the following guest speakers come to the HPC meetings and give historical presentation: Jeff Williams Dean Urdahl Michael Koop Patrick Hogan Ron Cockriel 8. Recognized the following demolished buildings in 2012: 1. 2166 Maplewood Dr – Keller Golf Course Clubhouse 2. 2166 Maplewood Dr – Keller Golf Course Pro Shop 3. 1987 County Rd D E – B P Gas Station – New Venner Plaza 4. 1845 County Rd D E – Old Pannekoeken & the Salon Centric – New Pizza Ranch 5. 1885 County Rd D E – Old Best Buy space – New DSW Shoe Store 6. Highway 36 Railroad Bridge Packet Page Number 46 of 236 3 9. Reviewed the following development proposals for historical preservation issues: 1. Bruentrup Heritage Farm – Smokehouse building & approved the gazebo project dedicated from the family of George Rossach 2. Highway 36 Railroad Bridge 3. Gladstone Savanna Historical Investigation 4. Fish Creek Master Plan 5. Keller Golf Course Clubhouse & Pro Shop 6. Frost Avenue Bridge Signage 7. Lookout Park Signage 10. Worked collaboratively with the Maplewood Area Historical Society: Outside Activities Several HPC members are also members of the Maplewood Area Historical Society. These HPC members worked collaboratively on several society events such as:  Spring Tea – Bruentrup Heritage Farm  Ice Cream Social – Bruentrup Heritage Farm  Ramsey County Fair  Johnny Appleseed Days – Bruentrup Heritage Farm  Halloween Hoedown – Maplewood Community Center  Barn Dance – Bruentrup Heritage Farm  Cemetery Tour – Forest Lawn Cemetery  Quilting Bee - Bruentrup Heritage Farm  Ramsey County Library – Gladstone Presentations Conclusion The Maplewood Heritage Preservation Commission is committed to promoting the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this area. RECOMMENDATION Approve the 2012 Heritage Preservation Commission annual report. P:HPC 2-14-2013 2012 Draft Heritage Preservation Commission Annual Report for CC -dgf Packet Page Number 47 of 236 Agenda Item G9 MEMORANDUM TO: James Antonen, City Manager FROM: Fire Chief Steve Lukin H. Alan Kantrud, General Counsel SUBJECT: Approval of Payment for Fire Station Roof Replacement DATE: February 1, 2013 INTRODUCTION In 2011 the City authorized its attorney, Mr. Kantrud, to initiate a lawsuit against the general contractor, Kraus-Anderson Construction, and the roofing subcontractor, Parkos, for relief due to failures in the roof as constructed on Fire Station #2. That litigation concluded in the fall of 2012 and the agreement called for the re-construction of the roof. The roof was completed at the end of November and the billing came in in December. The authorization to pay the City’s share of the work is before you tonight. BACKGROUND In 1999 The City, after an extensive needs study, decided to initiate a project for the orderly construction of Fire Station #2 near the Gladstone area of the City on Clarence Street. As part of that $4,000,000.00 project, a general contractor was selected to over-see the construction and administer the construction manual as was developed by the architect and planners. Kraus- Anderson was the successful candidate and assigned a project manager to ensure that the attention to details were observed. The project itself was conducted over about 9 months and concluded in 2001. One piece of the project that was subbed-out was the roof. Kraus-Anderson subcontracted with Parkos Construction for that work, which was done, with the supervision/oversight of Kraus Anderson. In 2004 the shingles on the facility began to fail. An agreement was made with the shingle manufacturer, Certainteed, to compensate the City for that loss in value. In 2010 a large portion of the interior ceiling where the emergency vehicles are stored caved-in due to failed drywall which in turn was due to, essentially, moisture. The City sought the engineering opinion of SEH as to causation of the collapse. They concluded that the sheathing, which constitutes the underlayment for the roof surface, was not sufficiently secured and thus heaving and buckling was experienced. This, in turn, introduced water intrusion. That investigative document is included with this report. The crux of matter was that the sheathing was not screwed down, but nailed, and many of the nail had missed the beams. Based on the fault of the parties, each were sued in District Court in Ramsey County. The Complaint is attached for your review. The allegations were negligence, negligent construction and breach of warranty. Both entities demurred to the Complaint and made cross-claims against the other (the, “no, he did it” defense). Packet Page Number 48 of 236 DISCUSSION This case was litigated over about a year and a half. Both Kraus Anderson and Parkos tendered the matter to their insurance carrier(s) and those entities brought in counsel to defend the insured. Discovery was conducted and the City has provided everything it has to the litigants (counsel for Kraus Anderson). The City also provided the opinion of the SEH engineer as to causation so the litigants would understand the theory of liability. Entering the discovery period, we started to ask questions regarding settlement. The City would just like a new roof. The litigants didn’t want to admit any liability and wanted out. The City suggested that the roofing subcontractor simply give the City a good deal on the re-roof project and that the general contractor could simply pay something towards the construction costs. Thus the settlement that occurred. The roof was completed at the end of November 2012 and an invoice issued for $30,686.50. Kraus Anderson contributed approximately 10% of the actual construction cost, or $3000.00, to the project. The City is responsible for the balance of the actual construction costs, $27,686.50. During the course of the litigation it was also discovered that the shingles may also still be defective or substandard. To that end the City entered into discussions with Certainteed and was able to secure no-cost replacement shingles for the roof. RECOMMENDATION Staff recommends that the Council approve the expenditure of $27,686.50 for the complete reroofing of the roof at Fire Station #2 as more specifically detailed on the attached invoice. Attachments: 1. Complaint 2. SEH Letter dated March 5, 2012 3. Stipulation for Dismissal With Prejudice 4. Settlement Agreement 5. Invoice from Parkos Construction Co. Inc. Packet Page Number 49 of 236 STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT _____________________________________ Case Type: Breach of Warranty CITY OF MAPLEWOOD, a Minnesota Breach of Contract municipal corporation, Court File No.: Plaintiff, vs. COMPLAINT PARKOS CONSTRUCTION CO., INC., a Minnesota corporation, KRAUSE ANDERSON CONSTRUCTION, INC., a Minnesota corporation, Defendants. _____________________________________ Plaintiff, the City of Maplewood (hereinafter referred to as “Plaintiff”), for its Complaint against Defendants, Parkos Construction Co., Inc. (“Parkos”) and Krause Anderson Construction, Inc. (“KA”) states and alleges as follows: 1. This is an action for breach of contract, breach of express and implied warranties, negligent construction, negligent supervision/professional negligence resulting from construction defects in a the Maplewood Fire Station #2 (“the Building”) located at 1955 Clarence Street North, Maplewood, Minnesota. THE PARTIES 2. Plaintiff is a Minnesota municipal corporation located in Ramsey County, Minnesota. 3. Defendant Parkos is a Minnesota corporation with a registered address of 1010 South Robert Street, St. Paul, Minnesota. Parkos acted as the roofing contractor with respect to the construction of the roof on the Building. 4. Defendant Krause Anderson is a Minnesota corporation with a registered address of 8625 NE Rendova Street, P.O. Box 158, Circle Pines, Minnesota. Krause Anderson was the construction supervisor for the entire project. Agenda Item G9 Attachment 1 Packet Page Number 50 of 236 Maplewood JURISDICTION AND VENUE 5. This action seeks damages from Defendants Parkos and Krause Anderson for breach of contract, breach of warranties, negligent supervision and negligent construction in connection with defects in the construction of the roof on the Building, over which this Court has jurisdiction. 6. Venue is proper in Ramsey County because the Building is located in Ramsey County. FACTS COMMON TO ALL COUNTS 7. On or about November 19, 1999, the Plaintiff entered into a written contract with Defendant Krause Anderson for professional project and construction management for the construction of the Building. 8. On or about January 1, 2001, the Plaintiff entered into a contract with Defendant Parkos to construct the roof of the Building. 9. The Contract contains an express warranty from Parkos that: materials and equipment furnished under the contract would be of good quality and new unless otherwise required or permitted; that the work would be free from defects; that the work would be performed in a workmanlike manner not inherent in the quality required or permitted; and, that the work would conform to the requirements of the Contract. 10. Krause Anderson owed Plaintiff a duty to perform its services as agreed to including the duty to, “determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guard the Owner against defects and deficiencies in the Work.” 11. Parkos provided Plaintiff with an express warranty that Parkos would construct and maintain the roof system and repair all defects which result from faulty workmanship or defective materials. Agenda Item G9 Attachment 1 Packet Page Number 51 of 236 Maplewood 12. Construction of the Building commenced in 2000 and was purported to be complete in April 2002. 13. Plaintiff began occupying the Building in or around May 2002. Since moving in and occupying the building, Plaintiff has experience continual leaking from the roof during rain/snow events and substantial leaking during winter months due to condensation. 14. Plaintiff has, on numerous occasions, contacted Parkos and Krause Anderson with regards to the leaking and condensation. 15. Investigations conducted on the Plaintiff’s behalf show that, among other things, there were numerous and substantial deficiencies and defects in the implementation, and construction of the roof on the Building that violate building standards and threaten the project’s structural integrity. Plaintiff’s experts have recommended the replacement of the entire roof on the Building. 16. Both Parkos and Krause Anderson provided implied warranties to Plaintiff regarding their workmanship on the construction of the Building, including, but not limited to, the following: a) all labor and materials would be furnished in accordance with industry standards, in a workmanlike manner, be of good quality, free of defects, and in conformity with the Contract; b) would be habitable; c) the construction would be fit for its intended purpose; d) the construction would comply with all applicable design specifications and applicable codes and regulations; and e) Parkos and Krause Anderson would deal with the Plaintiff in good faith. 17. Parkos and Krause Anderson also owed the Plaintiff a duty to construct the Building in a good, safe, workmanlike and non-negligent manner. Agenda Item G9 Attachment 1 Packet Page Number 52 of 236 Maplewood 18. The cost to perform the necessary remedial work to correct the damages and to replace the roof is expected to exceed $50,000.00. COUNT I – BREACH OF CONTRACT (Parkos) 19. All preceding paragraphs are re-alleged and incorporated by reference as if more fully set forth herein. 20. In the Contract for the Building, Parkos agreed and represented, among other things, to furnish labor and materials for the Building in accordance with the approved plans and accepted project manual, that the work would be free from defects, and would be performed in a workmanlike manner. 21. Parkos has breached the Contract in that, among other things, the work was not performed in a workmanlike manner, was not free of defects, and was not in accordance with the accepted terms by: -Failing to properly administer the construction of the roof; -Failing to observe the use of proper roofing materials during or after its installation; and -Failing to properly and adequately supervise installation of the roof system by not incorporating the fasteners to building specifications. 22. Plaintiff is entitled to recover all damages suffered as a direct and proximate result of Parko’s breach of the Contract from Parkos and from United Fire in excess of $50,000.00, to be proven with specificity at trial. COUNT II – BREACH OF EXPRESS WARRANTY (Parkos) 23. All preceding paragraphs are re-alleged and incorporated by reference as if more fully set forth herein. Agenda Item G9 Attachment 1 Packet Page Number 53 of 236 Maplewood 24. Parkos expressly warranted to Plaintiff that: materials and equipment furnished under the Contract would be of good quality and new unless otherwise required or permitted; that the work would be free from defects; that the work would be performed in a workmanlike manner not inherent in the quality required or permitted; and, that the work would conform to the requirements of the Contract. 25. Parkos expressly warranted to Plaintiff that Parkos would maintain the roof system and repair all defects which result from faulty workmanship or defective materials. 26. Parkos has breached its express warranties because the construction is not free from defects caused by faulty workmanship and defective materials, is not free from major construction defects, and does not comply with building standards. 27. Plaintiffs is entitled to recover damages suffered as a direct and proximate result of Parkos’ breach of express warranties, in an amount in excess of $50,000.00, to be proven with specificity at trial. COUNT III – BREACH OF IMPLIED WARRANTY (Parkos) 28. All preceding paragraphs are re-alleged and incorporated by reference as if more fully set forth herein. 29. Parkos impliedly warranted, among other things, that the work would: a) all labor and materials would be furnished in accordance with industry standards, in a workmanlike manner, be of good quality, free of defects, and in conformity with the Contract; b) would be habitable; c) the construction would be fit for its intended purpose; d) the construction would comply with all applicable design specifications and applicable codes and regulations; and. e) Parkos would deal with the Plaintiff in good faith Agenda Item G9 Attachment 1 Packet Page Number 54 of 236 Maplewood 30. Parkos has breached its implied warranties because there are numerous and substantial deficiencies and defects in the construction of the roof on the Building that violate Building standards and threaten the project’s structural integrity. 31. The Plaintiffs are entitled to recover all damages suffered as a direct and proximate result of Parkos’ breach of implied warranties in an amount in excess of $50,000.00, to be proven with specificity at trial. COUNT IV – NEGLIGENT CONSTRUCTION (Parkos and Krause-Anderson) 32. All preceding paragraphs are re-alleged and incorporated by reference, as if more fully set forth herein. 33. Parkos and Krause Anderson owed Plaintiff a duty to construct the roof of the Building in a workmanlike manner in accordance with the standard of care employed by similarly situated licensed contractors in good standing and to otherwise perform all work necessary to construct the Building in complete compliance with all building codes, laws and ordinances. 34. Parkos and Anderson had a further duty to properly hire, retain, supervise and manage qualified, licensed subcontractors and employees capable of providing services in a workmanlike manner consistent with industry standards, specifications and in conformity with the applicable building codes, laws and ordinances. 35. Parkos and Anderson had a further duty to inspect and monitor the work of its employees and subcontractors. 36. Parkos and Anderson breached their duties of care in that it failed to perform the work in a workmanlike manner, or in a manner that complied with the standard of care employed by similarly situated licensed contractors in good standing or in a manner which complied with the applicable building codes, laws and ordinances. Agenda Item G9 Attachment 1 Packet Page Number 55 of 236 Maplewood 37. Parkos and Anderson further breached their duties of care in that it negligently hired, retained and failed to properly supervise, manage, inspect and monitor the work of its employees and subcontractors. 38. Plaintiff is entitled to recover all damages suffered as a direct and proximate result of Parkos and Anderson’s negligence, in an amount in excess of $50,000.00, to be proven with specificity at trial. COUNT V – BREACH OF CONTRACT (Krause Anderson) 39. All preceding paragraphs are re-alleged and incorporated by reference, as if more fully set forth herein. 40. Plaintiff and Defendant Krause Anderson entered into a written contract for evaluation, supervision and construction administration, and other services related to the construction of the roof of the Building. 41. Defendant Krause Anderson has breached the written terms of the contract by: -Failing to properly administer the construction of the roof; -Failing to observe the use of proper roofing materials during or after its installation; and -Failing to properly and adequately supervise installation of the roof system by not incorporating the fasteners to building specifications. 42. Plaintiff is entitled to recover all damages suffered as a direct and proximate result of Krause Anderson’s breach of the contract in excess of $50,000.00, to be proven with specificity at trial. Agenda Item G9 Attachment 1 Packet Page Number 56 of 236 Maplewood WHEREFORE, Plaintiff requests the following relief from this Court: 1. For Judgment in an amount in excess of $50,000.00 against Parkos and Krause Anderson to be proven with specificity at trial; 2. For an award of Plaintiff’s costs, interest, and attorney fees; 3. For such other and further relief as the Court deems equitable. Dated: March 10, 2012. By: __________________________ H. Alan Kantrud (#281086) Attorneys for Plaintiff 1830 County Road B East Maplewood, Minnesota 55109 Telephone: (651) 249-2052 ACKNOWLEDGMENT The party or parties upon whose behalf the attached pleading is served acknowledge through their undersigned counsel that costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties upon the appropriate statutory showing and findings pursuant to Minn. Stat. § 549.211, Subd. 2. H. A. Kantrud, P.A. . Dated: March 10, 2012. By: __________________________ H. Alan Kantrud (#281086) Attorneys for PLAINTIFF Agenda Item G9 Attachment 1 Packet Page Number 57 of 236 玄 5巨H March 5,2012 RE: City ofMaplewood Gladstone Roof lnvestigation SEH File No.117768 Mr. Alan Kantrud City Attorney City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Kantrud: ln 1999,the City of Maplewood commissioned Short Elliot Hendrickson (SEH) to provide architectural design services for a new fire station to be located at 1955 Clarence St, Maplewood, MN. On July I 5 of 201 I , SEH was called to observe a roof leak occurring over the apparatus bay of the fire station. The temperature was in the mid-sixties and there was a steady rain falling. On arrival we observed an area in the northeast corner ofthe apparatus bay where a gypsum board ceiling panel had failed and a hole had been cut in the ceiling. Water was dripping steadily onto a fire truck in the northern-most truck bay. After climbing into the opening, we saw the rain was coming into the roof space between the seams of the plywood roof sheathing. It was noted that several seams in the plywood sheathing had separated and appeared warped. We observed that the roof sheathing had been fastened by nailing, as several were visible where they had missed the wood trusses. We also walked several sections of the roof and observed horizontal humps in the shingles running parallel to the eaves and appearing to be spaced every four feet along the sheathing lines. This would seem indicate some issues with fastening of the plywood to the trusses. Specification Section 06100 addresses Rough Carpentry. Part 3.06 A.2.a of the Project Manual addresses installation of construction panels and specifically indicates that the roof sheathing was to be fastened with screws. Contacts Based on our records, contractor contact information as a follows: Construction Manager Kraus Anderson Jon M, Kuenstling 8625 NE Rendora St. PO Box 158 Circle Pines, MN 55014 7 63.786.7711 Last Contact: July 25,2011 Agenda Item G9 Attachment 2 Packet Page Number 58 of 236 Mr. Alan Kantrud March 5,2012 Page2 Roofinq Sub-contractor Parkos Construction Co. Jack Parkos 1010 S. Robert St. West St. Paul, MN 55118 651.455.0031 Last Contact: August l,20ll Project Schedule The project was bid in 2000. The work on the roof was done in late winter 2001. The project punch list was required to be completed by August 31,2001 but not all work was completed. The Fire Chief sent a letter in March 2002 etting a completion date of April 1,2002. A similar letter was sent by SEH, dated March 18,2002, establishing a completion date of April 1,2002 for uncompleted punch list items and new items that appeared. If you have any other questions regarding the project, please contact me at 651 .490.2028 or Larry Koch at 651.490.2053. Sincerely, Mark L. Lobermeier P.E. Agenda Item G9 Attachment 2 Packet Page Number 59 of 236 STATE O「MINNESOTA COtJNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT Cirl' of lr4aplervood. a Minnesota municipal corporatiorl. Plaintiff. Parkos ConstnrcLion Co.. Inc.. a Minnesota corporation: Krause Anderson Consuuction, Inc., a N4innesota corporation. Case Type:Breach ofヽ アallanty/ Contract STIPULAT10N FOR DISMISSAL Ⅵ′ITH PREJUDICE De[endants. 'l'he above-entitled action, having been fully compromised and settled, NOW. THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties lrereto, through their respective counsel, that said action may be and hereby is clisrrissed rvith prejudice and on the rnerits. but without further costs to any of the parties. IT IS FUI{TIIER STIPULATED AND AGREED that any of the parties, without notice ro thc' orher. mav callse judgment of disrnissal with prejudice and on the merits to be entered Ircrcin ibrthu ith. α ry :lり θ'Counsel 1830 County Rd B East Maplewood, MN 55109 Phone: 651-?49-2052 Fax: 651-249-2059 Attorneysfor Plaintiff City of Maplev,ood Agenda Item G9 Attachment 3 Packet Page Number 60 of 236 By: STICIT, ANGELL, KREIDLER, DODGE & aNr{E, P.A. The Crossings, Suite 120 250 Second Avenue South Minneapolis, MN 55401 Telephone: 612-333-6251 Facsiinilc: 612-333-1940 Attorneys for Defendant Parkos Construction Co., Inc. Stipulation for Dismiss al with Prejudice City of Maplewoodv. Parkos Construction Co., Inc., Kraus Anderson Construction, Inc. Agenda Item G9 Attachment 3 Packet Page Number 61 of 236 ARTIIUR, & Prr{ALA, By: SMETAI{ Datcd: Phone: (612) 339-3500 Fax: (612) 339-7655 3214 Attor ney s for Defe ndant Kr au s e -Ande r s o n Construction, Inc. Stipulation for Dismissal with Prejudice City of Maplewoodv. Porkos Construction Co., Inc., Kraus Anderson Construction, Inc. 81 SouJ Ninth Agenda Item G9 Attachment 3 Packet Page Number 62 of 236 Agenda Item G9 Attachment 4 Packet Page Number 63 of 236 Agenda Item G9 Attachment 4 Packet Page Number 64 of 236 Agenda Item G9 Attachment 4 Packet Page Number 65 of 236 Agenda Item G9 Attachment 4 Packet Page Number 66 of 236 Agenda Item G9 Attachment 4 Packet Page Number 67 of 236 Agenda Item G9 Attachment 4 Packet Page Number 68 of 236 Agenda Item G9 Attachment 4 Packet Page Number 69 of 236 PARKOS CONSTRUCT:ON CO.lNC. 1010 S ROBERtt STRttE丁 WEStt Stt PAUL,MN 55118 USA 651‐455‐0031 651-450-7740 City Of Map!ewood Fire Station 1955 Clarence Street Maplewood,MN 55109 City Of Maplewood Fire Station 1955 Clarence Street Maplewood,MN 55109 5430 Dec 13,20121陪魃癬蒻妙鼈鰈 lnvoice Number: lnvoice Date: Page: Duplicate 1000/O Comp!ete for Labor and Materials to RE‐Roofthe Fire Station 2012 30,386.00 ― Check/Credl Memo No: Subtotal 30,38600 Sales Tax Total lnvoice Amount 30,386.00 Payment/C redit App lied 011●ltOI CustO由 0「ID Cuiiomei po PayⅢⅢⅢⅢTeⅢ議 Citv of Maolewood Net 30 Davs Salё S Rlp:D Shillihtt Method ShillDate DI●Oatel Airbome 1/12/13 91ant輩 サ|item p。 ・・『Iption unitlPrice IA"01nt‐ | ●●1TOl=AL 3013861・ 001 “ Agenda Item G9 Attachment 5 Packet Page Number 70 of 236 PARKOS CONSTRUC丁 10N COMPANYヮ lNC. GENERAL CONTRACTOR 1010 SOUTH ROBERT STREET WEST S丁 .PAUL,MiNNESOTA 55118 PHONE:(651)455‐0031 FAX: 1651)450‐7740 `AN EQUAL OPPORTUNITγ EMPLOYER"PARKOSCONSTOAOL.COM Date: 1211312012 To: City of Maplewood @ Steve Lukin 1955 Clarence Street Maplewood, Minnesota 55109 Re: Re-Roof Maplewood Fire Station Per Quote Dated 10191201,2 1: Demo and Install Shingles 2: Install lce and water shield Materials by owner 3: Install Felt / Labor Only Materials by owner 4: Replacement of Plywood ( All plywood in good shape we screwed down loose areas Labor: 4lrs @ 75.00 Cost of Building Pcrmit Additional Labor to install lcc and Water Shield on roof Labor 6 hrs@75.00 TOTAL: For your use attached are materials cost used on this project, which CertainTeed is to pay. JP:ks Page 1 of 6 CC: Garth @ stich, angell, Kreidler, Dodge & Unke $22,653.00 4,510.00 0.00 2,013.00 0.00 0.00 300.00 610.00 300.00 S30,386.00 Agenda Item G9 Attachment 5 Packet Page Number 71 of 236 PARKOS CONSTRUCT:ON CO.:NCa 1010S.ROBERT STR匡 匡T WEST ST PAUL,MN 55118 USA Voioe: 651‐45,0031 Fax: 651¨450‐7740 City Of Map!ewood Fire Station 1955 Clarence Street Maplewood,MN 55109 塁輔VOttC鷹 lnvoice Number: 5430 lnvoice Date: Dec 13,2012 Page: 1 Dupfrcate City Of Map!ewood Fire Sbtion 1955 Clarence Street Maplewood,MN 55109 100°/●Complete for Labor and Mate"als to RE―Roofthe Fire S●lon 30,386.00 Check/Credl Menlo No: Subtotal 30,386.00 Sales Tax Total lnvoice Amount 30,386.00 Payment/CredL App∥ed Agenda Item G9 Attachment 5 Packet Page Number 72 of 236 Decll MlDWEST R00FING SUPPLY―MINNEAPOtlS 460H00VER ST,NE MINNEAPOL:S,MN 55413 FAX:16121‐378‐60●6Phone:16121‐3786006 BILL TO: 、 8EAR R00FING&EXTER:ORS,INC. 2000 0AK KNOLL DR:VE WHITE BEAR LAKE MN 55710 |″[__ 92348685 ‐ | A ccount:BEA001 0002 Branch:VⅥげMIN Phonel( )‐ ‐ Fax:I〕・‐ SHlP TO: BEAR R00F:NG&EXTER10RS′INC` 1955 CLARENCE MAPL日 〃00D FIRESTAT:ON MAPLEW00D MN 55710 l of 2 DAIE:.. 1'2104112'.. EXP DELV DAttE:■2′05′1SALES AGENTS DEL:VERヽ ハノEDNESDAY AM CALL ELIAS ON WAY 651-231‐2675 CERWGSA CT WINTERGUARD SAND 2SO‐LONG 88′EA Loc:YARD COILl 1 4 NA:LS COIL l‐1′4“″06,1070 1‐1141'CO:L 10′BX Loc:YARD メ幸.響 |≒ DUOST il::: : DUO FAST STAPLES 5■16i:i 10 55.00/EA 25,00/BX 5.50/8X 4,840.00 250.00 lη O,00 275.00 8′962.30 111: EA 2OiBX Loc:YARD '1::: .o*r'6v''i,',I'ri,'= i' iiii-,ii.{,:i 1ii1 Lfi*5ooj:;1i 'f ,il toMewQo VeliIi.stNFLE oYFB:, l, *,, * '', j'i: b/EA Loe:y4nDi r . ,i ,',,. _l, . ._ . ,],, . : .,.';.I.. j,.5i::i.;- :. r :.::, .ERLARHUGSH. ,,,,ii ; .,:g BD/tiO:.. :", :. cERr LMARK Lr AB l-ru-Ill:n;cryeiill .. ,,i,,, ' -. ,. :,33OiBD Loc:YABD '' F:15Ю 疇 ===■ : |ド 27.16ノ BD330 10 CERHRHUG 30=BD CERT H&R SHADOW R:DGE HUNTER GREEN 10′BD Loc:VARD CERSTSW CERTA!NTEED SWlFTSTARtt STARTER l16・ 10′BD Lo●:YARD ARCRV20 44.50ノ BD 34.501BD 445.00 345.00 170.25 20“X501 ROLLED VALLEY GALV 3ノ EA Loc:YARD EA RV20G 56。75′EA 20 BX BD Agenda Item G9 Attachment 5 Packet Page Number 73 of 236 Dec ll EA BROAN 634 KITCHEN VENT 」 2′EA Loc:YARD .: .‐ :1,「 :|. ; 鯛独:帯 濡備 Ъlれ :≧ 50ノ EA Loc:YARD IIツ .≒ :拝 15奪 罫葬管長抒轟.DEuVER FRIDAY LATE AM ALSO HOIST UP SHINGLES PREV10USLY DROPPED ON suB‐ToTALl = MN‐RAMSEY COUNTY 53_00 5,296.20 ぼ′ '111ア1 421.21 50 195 p.7 (μ 犠騨酬 MIDWEST ROOF!NG SuPPLY‐M:NNEAPOLIS “ O H00VER SL NE M:NNEAPOLiS`MN 55413 FAX:1612卜 378‐6066 Phonel 161 2卜 378‐6006 BILL TO: BEAR R00F:NG&EXTER10RS′INc, 2000 0AK KNOLL DRiVE WH:TE BEAR LAKE MN 55710 :AT :oRoER DATEt i 12′06712 EXP DELV DATE:12ノ 07ノ 12 PAYMENT TERMS:1%10丁 Hr ttET 30TH!Balance 17.216.00 Load: 5.18: Account,BEA001 Branch:WM:N Phone:{ 卜 ・ Fax:〔 }‐ ‐ SHIP TO: BEAR R00F:NG& 41 EA MN 50.00 512_50||:Agenda Item G9 Attachment 5 Packet Page Number 74 of 236 Dec111205:57p MIDWEST R00F:NG SUPPLY‐ruliNNEAPOL!S 460H00VER ST,NE M:NNEAPOLlS′MN 55413 FAX:1612)‐3736066 Phone:4612卜 378-6006 8:LL T01 BEAR R00FING&EXTER10RS′:NC. 2000 0AK KNOLL DRIVE WHiTE BEAR LAKE MN 55フ 10 Account:BEA001 0002 Branch:ν VWMIN Phone:{ 卜 ‐ Fax:(}‐‐ 3HIP TO: BEAR R00F:NG&EXTER!ORS′INC 1955 CLARENCE MAPLEW00D FIRESTAT10N MAPLEW00D MN 55710 :PO: HAWK l :i :=1■ .:lil i 10RDER DATE: :12ハ 4/12 SALESll GE02300CL GEOCEL CAULK 2300 CLEAR 24/TB Loc:YARD 5.9808/TB SUB―TOTAL MN―HENNEPIN COUNTY 7.275% 15,541.59 1′130、64 1:」 ギ|::ぉ ‐■,メL PAYM ENT TERMS: 1%10TH′NE丁 30丁H Wninhf,■653フ hn Lcadl 10.37 Agenda Item G9 Attachment 5 Packet Page Number 75 of 236 Dec ll 12 05i57p ●″ MIDヽ りEST R00F:NG SUPPLY‐MiNNEAPOuS 460H00VER S■NE MINNEAPOuS′MN 65413 FAX:{612卜 37卜 6066 Phone:(6121‐378‐6006 BILL TO: BEAR R00FING&EXTERIORS,INC, 2000 0AK KNOLE DRlVE WHITE BEAR LAKE MN 55710 Account:BEA001 0002 Branch:WWMIN Phon●:( }‐ ‐ Fax:( }‐ ‐ SHiP TO: BEAR R00FING&EXTER10RS′INC. 9955 CLARENCE MAPLEW00D F!RE SttAT10N MAPLEllV00D MN 55109 10 1 BD 1o I EA CERHRHUG 30.BD CERT H&R SHADOW R:DGE HUNttER GREEN 10′BD Loc:YARD CERWGSA CT WiNTERGUARD SAND 2SO‐LONG 10′EA Loc:VARD suB‐ToTAL MNoM!NNEAPOuS 44.50′BD 55.00/EA 995,00 7フ .377.775% i塁 1畦_`■ ': |セ :、■:::な ==`イ1鶴 卜時1卜,零鑑計 1::=`:`:=::`:11: 'I PAYMENT ttERMS: 1%10TH′NET 30TH sl,otz.st 〇 Weloht: 1,530.00 Load: 0.56 Balance I |″|,ti|「()_|fti〔|I′ ir Agenda Item G9 Attachment 5 Packet Page Number 76 of 236 Agenda Item G10 MEMORANDUM TO: James Antonen, City Manager FROM: H. Alan Kantrud, General Counsel SUBJECT: Maintenance Agreement for BNSF Railroad Bridge over I-694 DATE: February 5, 2013 INTRODUCTION Approximately 10 years ago during the County Road D re-alignment project the City was asked to purchase a portion of railroad grade from approximately Beam Avenue to just across I-694 on behalf of The Ramsey County Regional Rail Authority. The plan included the Rail Authority then purchasing the same from the City, a sales-process that was authorized earlier in 2012 by Council. That process includes the transfer of certain other rights and responsibilities and this matter is before Council again for an approval of one of those transfers. BACKGROUND As the agenda implies, this matter is before the Council to consider the Resolution Attached that approves the orderly update and transition of responsibility for the maintenance of the bridge and the spans I-694. The bridge was constructed during the original construction of I-694 in the mid-sixties. MnDOT had to construct the bridge to accommodate the railgrade that ran through the area that was operated by BNSF. Since I-694 was designed to go directly across the grade, it became necessary to either place the railroad above the highway or the highway below the railroad. MnDOT chose the former. As part of the construction of the bridge that now suspends the railroad over the highway, BNSF and MnDOT also acknowledged that maintenance of the bridge would be required from time to time and agreed to program by which the BNSF company would “fix” what needed fixing and charge-back MnDOT for the work. That Agreement remains in place to this day. When the discussion about the Agreement, which had to be assigned from BNSF to the City, came up with the ultimate purchaser, RCRRA, your author suggested it would be a good time to revisit the Agreement as it was an awkwardly worded document that had more to do with the construction of the bridge than anything. After many meetings and drafts and discussions, the attached document which re-states and redefines the relationship of the MnDOT and owner of the rail-grade is before you for approval since Maplewood is, technically, the owner at the moment. Packet Page Number 77 of 236 Agenda Item G10 DISCUSSION This Resolution to approve the attached agreement will ensure that when the City transfers the ownership of the rail-grade to the RCRRA it will also be able to assign the maintenance agreement that goes with it. Since the RCRRA has every intention of keeping and using the rail-grade in perpetuity, this Agreement should be the last one required for some time, or at least until the bridge gets taken down or rebuilt. RECOMMENDATION Staff recommends the approval of the attached Resolution. Attachments: 1. Original Agreement dated November 16, 1965 2. Agreement 3. Resolution Packet Page Number 78 of 236 Agenda Item G10 Attachment 1 Packet Page Number 79 of 236 Agenda Item G10 Attachment 1 Packet Page Number 80 of 236 Agenda Item G10 Attachment 1 Packet Page Number 81 of 236 Agenda Item G10 Attachment 1 Packet Page Number 82 of 236 Agenda Item G10 Attachment 1 Packet Page Number 83 of 236 Agenda Item G10 Attachment 1 Packet Page Number 84 of 236 Agenda Item G10 Attachment 1 Packet Page Number 85 of 236 Agenda Item G10 Attachment 1 Packet Page Number 86 of 236 Agenda Item G10 Attachment 1 Packet Page Number 87 of 236 Agenda Item G10 Attachment 1 Packet Page Number 88 of 236 Agenda Item G10 Attachment 1 Packet Page Number 89 of 236 Agenda Item G10 Attachment 1 Packet Page Number 90 of 236 Agenda Item G10 Attachment 1 Packet Page Number 91 of 236 Agenda Item G10 Attachment 1 Packet Page Number 92 of 236 Agenda Item G10 Attachment 1 Packet Page Number 93 of 236 Agenda Item G10 Attachment 1 Packet Page Number 94 of 236 Agenda Item G10 Attachment 1 Packet Page Number 95 of 236 Agenda Item G10 Attachment 1 Packet Page Number 96 of 236 Agenda Item G10 Attachment 1 Packet Page Number 97 of 236 Agenda Item G10 Attachment  Packet Page Number 98 of 236 Agenda Item G10 Attachment 2 Packet Page Number 99 of 236 Agenda Item G10 Attachment 2 Packet Page Number 100 of 236 Agenda Item G10 Attachment 2 Packet Page Number 101 of 236 Agenda Item G10 Attachment 2 Packet Page Number 102 of 236 Agenda Item G10 Attachment 3 Packet Page Number 103 of 236 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Director of Public Works/City Engineer SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, East Metro Public Safety Training Center Phase I Bid Package 1 Improvements, City Project 09-09 DATE: January 24, 2013 INTRODUCTION The City Council will consider approving the attached resolution directing the modification of the existing construction contract for the East Metro Public Safety Training Center, Phase 1 Bid Package 1 Improvements, City Project 09-09. BACKGROUND On August 13, 2012, the Council awarded Park Construction Company a construction contract for utility extensions to the East Metro site and improvements within the site in the amount of $413,945.50. There have been no change orders to the contract to date. The East Metro Bid Package 1 Improvements project included extension of water main to the site and looping the water main from the site to the south and connecting it to existing water main just north of the intersection of Benet Road and Monastery Way. A new sanitary lift station was constructed and the sewer line was extended south along the same alignment as the water main where it connects to the sanitary sewer in the intersection of Benet Road and Monastery Way. DISCUSSION The modifications include an increase in quantities related to soil correction work along the sanitary sewer and water main utility alignment including common excavation quantities, granular borrow quantities, and pipe bedding material quantities. The modifications also include the addition of a tracer wire upgrade required by St. Paul Regional Water Services (SPRWS) and inspection fees and connection charges from SPRWS that were paid by the contractor. Soil Correction (Addition) Soil borings taken during the preliminary design phase indicated the presence of poor soils that would need correction along the proposed utility corridor. The utility corridor crosses a portion of the property that remains in MnDOT ownership, within an easement. MnDOT requires unrestricted use of the easement area, which includes the option of placing large material stockpiles over the utility corridor. This condition created the need to correct the poor soils. Using the original soil borings SEH estimated a location and depth of probable poor soils that would need to be corrected to allow for MnDOT’s operations. Additional borings were completed on July 25, 2012, to better define the soil correction limits. Upon receipt of the preliminary boring logs from these additional borings, SEH determined that the soil correction area was larger than originally estimated and would extend to the south where deeper and wider excavation and additional fill would be needed to correct the utility easement soil conditions. SEH evaluated a number of options to realign the utilities around the MnDOT property such that soil correction would not be necessary, but the costs of those options did not appear to provide any Agenda Item G11 Packet Page Number 104 of 236 cost savings. SEH also completed a detailed soil stability analysis to evaluate the risk of utility corridor failure relative to the range of stockpiling operations MnDOT would likely continue along the utility alignment. Park Construction was informed that the soils correction area would be larger than first estimated in the construction documents. The estimated length and depth of the correction area and revised estimated quantities resulted in an estimate of $82,000 for added construction. On August 31, 2012, as construction proceeded, Park Construction notified SEH that they began to encounter an even larger area of poor soils beyond the extents of the borings. Due to the highly variable soil conditions on this site, additional borings would not have fully defined the extent of the soil correction area. Therefore, on September 7, 2012, SEH’s Senior Geotechnical Engineer visited the site to more accurately define the limits of the necessary soil correction area based on the soil conditions observed in the excavation. SEH gave Park Construction notice to proceed with the soil correction work on September 11, 2012. St. Paul Regional Water Services Requirements (Addition) During placement of the water main, St. Paul Regional Water Services informed the contractor that they would require a higher rated tracer wire than was specified in the construction documents and that inspection fees would apply to installation of the water main. These items were not identified in the original contract. To keep the project on schedule, SEH recommended that Park pay inspection fees and include the cost on the next pay application. The change order costs are summarized below: Change Order #1 Unit Quantity Amount Item 2105.501 Common Excavation CY 13,945 $55,780.00 Item 2105.522 Granular Borrow Placement CY 5140 $25,700.00 Item 2451.607 Crushed Rock Pipe Bedding CY 1310 $59,605.00 Higher Rate Tracer Wire LS 1 $ 5,060.00 SPRWS Inspection Fees LS 1 $ 7,797.00 Net Project Cost Increase $153,942.00 BUDGET Approval of Change Order No. 1 will increase the project construction contract amount by $153,942.00 from $413,945.50 to $567,887.5. No adjustments to the approved project budget are needed at this time. City Staff and SEH are pursuing options that would have the City receiving reimbursement for a portion of the soil correction as well as the inspection fees and tracer wire. The final bid package, which will include the structures and new traffic signal and site paving, will provide flexibility such as including bid alternates; and depending on pricing, features may need to be delayed into Phase 2, such as the burn tower. If bid pricing comes in very competitive then more work can be completed in Bid Package 3 as the last part of Phase 1 Improvements. RECOMMENDATION Staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, for the East Metro Public Safety Training Center Phase 1 Bid Package 1 Improvements, City Project 09-09. Attachments: 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 2. Change Order Form Agenda Item G11 Packet Page Number 105 of 236 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-09, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-09, East Metro Public Safety Training Center Phase I Bid Package 1 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 09-09, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $153,942.00. The revised contract amount is $567,887.50. Adopted by the Maplewood City Council on this 11th day of February 2013. Agenda Item G11 Attachment 1 Packet Page Number 106 of 236 Agenda Item G11 Attachment 2 Packet Page Number 107 of 236 Agenda Item G11 Attachment 2 Packet Page Number 108 of 236 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Parks and Recreation Director James Taylor, Parks Manager SUBJECT: Parks and Recreation Commission 2012 Annual Report and 2013 Goals DATE: February 5, 2013 INTRODUCTION In compliance with Article II, Section 21.20 of the Maplewood city ordinance, the Maplewood Parks and Recreation Commission is required to submit an annual commission report. This report serves as a means of relaying important information to the City Council on the Commission’s accomplishments and obtaining feedback on the proposed 2012 goals. DISCUSSION On January 16, 2013, the Parks and Recreation Commission adopted their 2012 Annual Report and 2013 goals. RECOMMENDATION Review and adopt the attached Parks and Recreation Commission 2012 Annual Report and 2013 goals. Attachments 1 – Parks and Recreation Commission 2012 Annual Report and 2013 goals Agenda Item G12 Packet Page Number 109 of 236 February, 2013 Dear Mayor and Council Members, In compliance with Article II, Section 21.20 of the Maplewood City Ordinance, the Maplewood Parks and Recreation Commission hereby submits its 2012 annual report and 2013 activity plan. We reviewed the accomplishments of the past year and discussed the various programs and activities we wish to pursue in the coming year. Our continuing goal is promoting city parks, open space, The Community Center, and quality inclusive programming and maintaining a quality park system. Another goal is to make sure that all of these are geared toward the ever changing demographics of our community. 2012 was a very important year for Maplewood Parks and Recreation. Some of the highlights were implementing the first phase of the Gladstone Master Plan and developing The Fish Creek Area Master Plan. We look forward to 2013 and the upcoming challenges to make Maplewood Parks and recreation opportunities the best that they can be. This coming year: Attached are a recap of our 2012 goals and a list of goals for 2013. We would be happy to meet with the City Council to address any concerns or issues that may arise. Respectfully submitted, Roy Adams, Commissioner Craig Brannon, Commissioner Donald Christianson, Commissioner R.J. Erhardt, Commissioner Bruce Roman , Chairperson Kim Schmidt , Vice Chairperson Therese Sonnek, Commissioner Mike Wilde, Commissioner Agenda Item G12 Packet Page Number 110 of 236 Parks and Recreation in Maplewood encompasses a large area of trails, active parks, passive parks, open spaces, indoor parks like The Community Center, and greenways. In addition, it covers recreational programming that ranges from athletics to drama classes and special events that all work to tie our community together. The Maplewood Parks and Recreation Commission provides advice and makes recommendations in all of these areas plus we are charged with the following duties: • Formulate policies for approval by the City Council • Advise the Council and City Manager as to the minimum qualifications for the position of Director of Parks and Recreation • Aid in coordinating Parks and Recreation Services with the programs of other governmental agencies and organizations • Interpret the policies and functions of the Parks and Recreation Department and relay them to the public. • Make periodic inventories of Recreation and Park Services that currently exist or may be needed in the future • Interpret the needs of the public to the City Council and the Director of Parks and Recreation • Make recommendations for adoption standards on land acquisition, facility development, and program and financial support • Create an environment at our meetings where the public can come and freely express ideas as well as concerns about our Parks and Recreation Department. The following served on the Parks Commission in 2012: Roy Adams, Commissioner Craig Brannon, Commissioner Donald Christianson, Commissioner R.J. Erhardt, Commissioner Peter Fischer, Commissioner Daniel Maas, Commissioner Bruce Roman, Chairperson Kim Schmidt, Vice Chairperson Therese Sonnek, Commissioner Agenda Item G12 Packet Page Number 111 of 236 2012 Parks and Recreation Commission Goals 1. Continue collaboration with the MCC with quarterly meetings Accomplished this will continue as standard practice in 2013 2. Evaluate pilot project and continue to evaluate a possible site for an off leash dog area The Commission would like to see this incorporated as part of the Parks System plan 3. Work with staff to seek alternative funding sources for capital Improvements Ongoing (This will be a major component of the Parks Systems Plan) 4. Convene a meeting with the Human Rights Commission to discuss Increasing multi-cultural inclusion This was not accomplished and will carry over for 2013 5. Start Music in the Parks Program Continue to work with the City of North Saint Paul on this program 6. Improve Parks and Trail Maps This will likely be addressed in early 2013 7. Expand Social Media Resources – Gather input from the public. QR Codes Accomplished each area of Parks and Recreation has their own facebook page and staff is exploring increased use of QR codes 8. Plan a parks tour Although some small tours were scheduled these did not occur due to lack of quorum. The Commission feels this is an important goal for 2013 9. Have a joint meeting with North Saint Paul Staff has a member that attends all North Saint Commission meetings. The Commission feels it is important to continue to look for ways to collaborate in 2013 10. Develop Fish Creek Master Plan Accomplished the Master Plan has been completed and approved 11. Have a meet the Commission at the park night This was not accomplished and will be dropped for 2013 12. Do a joint event with the library in the Legacy Park area. This was not accomplished and something the Commission still desires to do in the future. 13. Name Legacy Park This was not accomplished and something the Commission still desires to do in the future. 14. Improve our Parks and Trail signage. Ongoing 15. Brainstorm collaboration with county for at risk youth This goal will be carry over to 2013 16. Address handicap accessibility in parks (Inventory) This can be accomplished in 2013 as part of the Parks System Plan Agenda Item G12 Packet Page Number 112 of 236 2012 Parks and Recreation Accomplishments Parks and Open Space Projects - Lions Park was completed - A new playground was installed at Gethsemane School. - Trail overlays completed at Campus, Harvest, Playcrest, Nebraska, and Geranium Parks - MN Twins grant to upgrade Edgerton #1 - Field upgrades at Hazelwood with NESA - Phase I completed at the Gladstone Savanna - Prairie Seeding completed at the Beaver Creek Neighborhood Preserve. - Volunteers at the Priory Preserve created and installed an interpretive trail. - Rain Garden planted at Joy Park - Resurfaced 2 sets of tennis courts and three basketball courts. Recreation - Continue to offer a wide variety of Recreation Programming for all ages. Staff added many new programs in 2012. 2013 Goals 1. Assist in the creation of the Park System Plan 2. Address referendum funding 3. Complete Inventory of our parks 4. Create Commissioner service areas 5. Form Disc Golf Sub Committee 6. Organize a Roselawn Park Buckthorn Removal and Cleanup 7. Schedule a Walk Through at the Gladstone Savannah 8. Continue to work on funding for fish creek to finish the acquisition. 9. Convene a meeting with the Human Rights Commission to discuss increasing multi-cultural inclusion. 10. Plan a parks tour 11. Improve Parks and Trail signs 12. Brainstorm collaboration with county for at risk youth 13. Continuation of a discussion on an off-leash dog area. Agenda Item G12 Packet Page Number 113 of 236 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Director of Parks and Recreation Ann Hutchinson, Lead Naturalist DATE: February 4, 2013 for February 11, 2013 Council Meeting RE: Resolution Accepting Donation of Fur Trade Items to Maplewood Nature Center Introduction In January 2013, Volunteer Jim Krache donated fur trade items to the nature center valued at $213. These items, consisting of a shirt, vest, top hat and flint and steels, will be used by students and volunteers as part of the nature center’s 5th grade environmental educational program “Where Two Worlds Meet.” Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by a two-thirds vote. Consideration Approve the following resolution accepting the donation of fur trade items valued at $213 to the Maplewood Nature Center. RESOLUTION ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of fur trade items valued at $213 for the Maplewood Nature Center; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Agenda Item G13 Packet Page Number 114 of 236 Item G14 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: February 6, 2013 RE: Resolution Adopting the Minnesota General Records Retention Schedule for Cities and Adopting the Records Retention, Preservation and Destruction Policies and Procedures Manual Introduction As you are aware, city staff continues to work diligently on our electronic data storage and organization of city files according to the State Retention Schedule. To comply with Minnesota State Statute 138.17 it is requested that the city approve the Minnesota General Records Retention Schedule. This document can be obtained in its entirety in the office of the City Clerk. It is further recommended that the city council approve by Resolution the Records Retention, Preservation and Destruction Policies and Procedures Manual. (See Attached.) RESOLUTION NO. ADOPTING THE MINNESOTA GENERAL RECORDS RETENTION SCHEDULE FOR CITIES CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA WHEREAS, to comply with the Records Management Statute MS 138.17, it is necessary to adopt a plan for managing governmental records including the proper retention and disposal of municipal records; and WHEREAS, the Records Management Statute MS 138.17 establishes the Records Disposition Panel and requires all government entities to follow an orderly process in disposing of government information; and WHEREAS, the State of Minnesota has approved for use by all Minnesota Cities the “Minnesota General Records Retention Schedule for Cities” which authorizes cities adopting said schedule an orderly method of disposing of municipal records; and WHEREAS, the “Minnesota General Records Retention Schedule for Cities” is regularly updated. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Maplewood, Minnesota adopts the Minnesota General Records Retention schedule and directs the City Clerk to notify the Minnesota Historical Society/State Archives Department. BE IT FURTHER RESOLVED, that following state approval, City Departments are directed to provide for retention and destruction of records as set forth in said schedule and its subsequent revisions. Recommendation Approve the Resolution Adopting the Minnesota General Records Retention Schedule for Cities and Adopt the Records Retention, Preservation and Destruction Policies and Procedures Manual. Packet Page Number 115 of 236   City of Maplewood RECORDS RETENTION, PRESERVATION AND DESTRUCTION POLICIES AND PROCEDURES MANUAL January 2013 Packet Page Number 116 of 236   Table of Contents I. Purpose .......................................................................................................................... 1 II. Legal Authority and Statutory Requirements ............................................................. 1 III. Definitions ....................................................................................................................... 2 IV. Steps in Implementing an Effective Records Management Program ........................ 3 1. Taking an Inventory ................................................................................................. 3 2. Developing Your Own Records Retention Schedule for Records Not Listed on the Retention Schedule ......................................................................................... 3 3. Identifying and Protecting Permanent and Vital Records of Your Department .. 3 4. Setting up a Records Storage Area ........................................................................ 4 5. Instituting an Annual Housecleaning Plan ............................................................ 5 6. Developing Clear Procedures for Records Disposition ....................................... 5 7. Keeping up with Legislative Changes Affecting the Records Retention Schedule .................................................................................................................... 6 V. Current Issues Affecting Records Retention, Preservation and Destruction Practices .................................................................................................... 6 VI. Appendix: Forms ............................................................................................................. 8  Records Inventory Worksheet ............................................................................ 9  Records Destruction Report ............................................................................ 11  PR-1 Form (Authority to Dispose Form) ......................................................... 13  Transfer of Records to State Archives Form .................................................. 15  Records Center Labels ..................................................................................... 17  Records Retrieval Form……………………………………..…………………..……18 Packet Page Number 117 of 236   City of Maplewood Records Retention, Preservation and Destruction Manual, January 2013 1    I. PURPOSE This manual has been drafted with the purpose of developing a set of uniform policies and procedures to be followed by each department in establishing and implementing their internal records management system. It is intended to be used as a blueprint by all departments in their efforts to ensure the preservation of those government records needed for proper functioning and the destruction of those inactive government records that no longer have a value to the department. II. LEGAL AUTHORITY AND STATUTORY REQUIREMENTS Several state statutes govern what entities/individuals are involved in the process and what statutory requirements each of them must adhere to. Those statutory citations and their brief descriptions are as follows: Minn. Statute 15.17 establishes the duty of a “public official” to create and preserve all government records necessary to a full and accurate knowledge of his/her official activities. It also stipulates that the chief administrative officer has the duty to preserve and care for the entity’s government records and deliver same to his/her successor at the expiration of his/her authority. Minn. Statute 138.17 establishes the State Records Disposition Panel as an entity with the final authority over the decisions relating to the retention and disposition of government records. This entity is charged with the duty of creating and updating the General Records Retention Schedule for Minnesota Cities that the City of Maplewood adopted as its official records retention document. This statute also mandates that the government must maintain a permanent list of records that are disposed of and that the government officials must institute a program for the preservation of records vital to the continuity of its operations. Furthermore, this statute provides that any records determined to be not-public must be disposed of in such a manner as to prevent their contents from being discernable. Minn. Statute 138.19 authorizes the Records Disposition Panel to act upon applications for the disposition of government records. Minn. Rules 1205.1500 requires the City of Maplewood to ensure all data created and received are periodically assessed to ensure they are accurate, complete, current and thoroughly indexed. It also creates a duty of the responsible authority to ensure that data collected are necessary for its operations and are disposed of when they reach the end of their cycle of usefulness according to the approved records retention schedule. Packet Page Number 118 of 236   City of Maplewood Records Retention, Preservation and Destruction Manual, January 2013 2    III. DEFINITIONS Government Record is defined by Minn. Statute 138.17(b)(1) as state and local records, including all cards, correspondence, discs, maps, memoranda, microfilms, papers, photographs, recordings, reports, tapes, writings, optical disks, and other data, information or documentary material, regardless of physical form or characteristics, storage media or conditions of use, made or received by an officer or agency of the state and an officer or agency of a county, city, town, school district, municipal subdivision or corporation or other public authority or political entity within the state pursuant to state law or in connection with the transaction of public business by an officer or agency. According to §138.17(4) government records are not data and information that do not become part of an official transaction and extra copies of documents kept only for convenience of reference. Retention Period refers to the minimum amount of time the city is required by the Records Disposition Panel to keep a certain record. The City of Maplewood may choose to follow a retention schedule for a particular government record that extends beyond this minimally prescribed timeframe (such as our current practice to keep any audio/video recordings of the city/commission meetings for 5 years, whereas the records retention schedule prescribes a timeframe of 3 months after approval of the official minutes). Records Disposition Panel is an entity comprised of the Attorney General, State Auditor and the Director of the Minnesota Historical Society whose powers are created and defined by §138.17 and is tasked with the creation and maintenance of the Records Retention Schedule and the approval of applications for records destruction among other duties. General Records Retention Schedule for Minnesota Cities (referred to as ‘general records retention schedule’ in further text) is a document created by the state Records Disposition Panel that outlines minimum retention periods for common municipal government records. It also identifies the most frequently created or used municipal government records grouped within a record series and further described as public, private and/or confidential and whether they are archival or not. For a current copy or the records retention schedule please contact City Clerk or reference the following website: www. http://www.mnhs.org/preserve/records/retentionsched.html Packet Page Number 119 of 236   City of Maplewood Records Retention, Preservation and Destruction Manual, January 2013 3    IV. STEPS IN IMPLEMENTING AN EFFECTIVE RECORDS MANAGEMENT SYSTEM Each record created or used by your department has a lifecycle that goes through two major stages: retention and preservation or destruction. Minnesota Rule 1205.1500 clearly allocates a duty of the state and local agencies to not only ensure proper retention and preservation of government records but also a duty to destroy those government records when they are no longer required to be kept, especially if they are classified as private or confidential data on individuals. The following are some suggested steps in implementing a successful records management: 1. Taking an Inventory Taking an inventory of records maintained by your department is the first step in implementing an effective records management system. In order for this process to be all-encompassing, it must include not only those records currently stored in your immediate area but also any inactive records maintained in other designated off-site storage facilities that your department might be using. The City of Maplewood has adopted the General Records Retention Schedule for Minnesota Cities as its official records retention document. This schedule already identifies the most commonly used or generated government records which are organized under a common record series title. Comparing your own department records inventory with the record types found in the records retention schedule will assist you in identifying those records that already have an assigned retention period and data practices classification and those records maintained by your department that are not on the general records retention schedule and, thus, do not have an assigned retention period or data practices classification. 2. Developing Your Own Records Retention Schedule for Records Not Listed on the Retention Schedule Implement this step for those records that are not listed on the General Records Retention Schedule but are still being commonly created or used by your department in the course of its regular operations. Fill out the form titled Records Inventory Worksheet on page 9 and submit it to the City Clerk. The City Clerk will forward it to the State Archives so that it can be reviewed, commented on and approved by the Disposition Panel before those records can be disposed of. 3. Identifying and Protecting Permanent and Vital Records of Your Department During the process of inventorying your department records, refer to the general records retention schedule to identify any records designated as permanent. These records need to be preserved because they document important events that have historical, research, evidentiary or other vital value for the community. Some of these permanent records are also classified as archival. Packet Page Number 120 of 236   City of Maplewood Records Retention, Preservation and Destruction Manual, January 2013 4    Generally, those that are classified as archival can be eligible for transfer to the State Archives. (Refer to the form titled Transfer of Records to State Archives on page 15 to be used when applying for a transfer of permanent records to the State Archives.) Those that are not designated as archival are normally permanently retained by the department. To address any space/storage issues or record deterioration issues it is recommended that any such official paper record or an official electronic record stored on your computer gets transferred into Laserfiche in a TIFF file format. Conversely, any official electronic email record can be converted to .pst file format and stored on a DVD. It is important to note that the general records retention schedule does not specify that any particular record needs to be kept in a specific format or on a specific media. The records retention schedule applies to “an official version of the record”, regardless of its format and it is your department’s responsibility to establish what constitutes “an official version of the record.” 4. Setting Up a Records Storage Area For those records that are not currently being used during the course of daily operations, but have not reached the end of retention period, each department should have a designated on-site records storage area where their inactive records are being kept. There are several concerns that must be addressed in choosing and maintaining such storage facility: ‐ Location – consider choosing a space adjacent to your department that is easily accessible by staff and away from the public area and that contains enough storage capacity for your current and future department needs. ‐ Storage environment – ensure that the storage area maintains a constant temperature of around 700 F with a relative humidity of around 50%. Keep it clutter free and equip it with adequate shelving capable of carrying the weight of multiple boxes and metal cabinets for storing those records that have longer retention periods or need to be secured under a lock. If using boxes to store your records make sure they are at least 6” off the ground and no less than 18” away from any sprinkle heads in order to comply with the state fire code. Reduce the influx of direct light by covering any windows and making sure the lights are turned off when not in use. ‐ Storage Containers – it is recommended to use standard size cardboard boxes for storing your inactive records that have permanent or longer retention periods and are not currently being accessed or are near the end of their retention cycle. For those records that are inactive but still accessed from time to time consider using filing folders. ‐ Adequate filing and indexing system - develop an indexing system that will ensure each storage container is adequately labeled. This will ease your retrieval process and enable you to properly conduct a regular systematic maintenance of those records according to their assigned retention period. Packet Page Number 121 of 236   City of Maplewood Records Retention, Preservation and Destruction Manual, January 2013 5    Any indexing system needs to include several important elements: your department name; box number; record series number found in the records retention schedule; detailed contents; retention period and a scheduled destruction date. Please refer to the form labeled Records Center Labels on page 17 as a guide. It is also a good practice to keep an electronic inventory database that contains above information as well as the shelf location for a particular record. ‐ Access rights and retrieval record – assigning access rights by limiting access to only selected staff members will enable your department to exercise a centralized control over the retrieval of and access to important and security sensitive records. Keeping a retrieval record for each record removed from the storage area will enable you to easily keep track of user custody chain or any missing documents. 5. Instituting an Annual Housecleaning Plan In order to keep up with the mounting volume of retained records and ensure proper and efficient compliance with legal requirements expressed in Minnesota State Statues, each department should schedule an annual housecleaning event in order to dispose of those records that are no longer required to be kept. 6. Developing clear procedures for records disposition A disposal of a record may involve either its physical destruction or its migration to State Archives, if eligible. a. Records listed on the records retentions schedule: Ideally, your department should institute a filing system described above that would provide for an easy reference to the required retention period of a particular record. If not, to determine the destruction date, refer to the General Records Retention Schedule prior to the destruction of any record. The general records retention schedule that the City of Maplewood adopted provides an ongoing authority to dispose of its records. Therefore, unless your department has made an administrative decision to keep a particular record for longer than prescribed in the records retention schedule, your department has the authority to dispose of a record that has reached the end of its retention period without submitting an application or a request for the destruction to the Records Disposition Panel. Prior to the destruction of any record, make sure to fill out a State prescribed form found on page 11 of this manual. (For a digital data-entry version of this or any other form in this manual please contact the City Clerk). This form must be submitted to the City Clerk for approval before any record(s) can be destroyed. Once approved, the City Clerk will notify you department and scan the approved form into the central depository of permanent records in order to comply with Minn. Statute 138.17. Packet Page Number 122 of 236   City of Maplewood Records Retention, Preservation and Destruction Manual, January 2013 6    A physical destruction can be completed in several different ways depending on the type of a record and/or your department’s budget considerations. Examples may include recycling, shredding, incineration, or a simple disposal in the trash. For any records that are classified as not-public by State or Federal Law, every attempt must be made to provide proper safeguard measures not only during the retention period but also during the destruction process by choosing methods such as shredding, incineration or secure digital destruction. For records designated as permanent in the records retention schedule, your department may submit an application to State Archives to physically transfer those records to the Minnesota Historical Society. An application form is included on page 15 of this manual. Once records are physically transferred to the Historical Society, the ownership of those records is turned over to them as well. Therefore, it is recommended that any such permanent records get scanned into Laserfiche in order to provide an ease of access and reference not only for staff but also for the public at large. b. Records not listed on the records retention schedule If a particular record is not covered in the records retention schedule, as may be the case with some old records that are no longer being created or used but are still in your department’s custody, you need to submit an application first to the City Clerk who will then forward it to the State Archives who will then forward it to the State Disposition Panel. The required application is found on page 13 of this manual. Do not dispose of any records until your department has received a notification from the City Clerk after the approval from the State Disposition Panel. 7. Keeping up with legislative changes affecting the records retention schedule Periodically, the records retention schedule goes through updates due to new legislative initiatives that can affect either the retention period or data classification of a particular record. The Records Disposition Panel completed the latest revision in March 2011 to update the 2008 version of the retention schedule due to a few legislative changes. For your ease of reference the Records Disposition Panel also provides a quick overview and explanation of those changes in the first few pages of the document itself. V. CURRENT ISSUES AFFECTING RECORDS RETENTION, PRESERVATION AND DESTRUCTION PRACTICES Over the last couple of decades a widespread reliance on the technology in the process of generating, receiving, disseminating and storing government records has introduced certain new legal, administrative and practical issues that need to be addressed in the overall records management program. Packet Page Number 123 of 236   City of Maplewood Records Retention, Preservation and Destruction Manual, January 2013 7    Conversion and Migration: As stated earlier, what constitutes a government record and how it should be treated in the records management program is not defined by the record’s physical format or its storage media. Rather, this definition and treatment depends on the content of the record itself. This is to say that an official government record can be converted from a paper to a digital or electronic format (and vice versa) without losing its official designation providing its content, context and structure are intact. The following are a few issues to consider in converting your department records into different formats: ‐ Authenticity: An email that is considered a government record can be converted from its electronic form to a paper form and designated as “an official copy of the record.” However, in order for it to be considered authentic in the legal sense it must be printed in a manner that preserves all of its electronic components such as name of the recipient and sender(expanding it to include the directory of any email address) , date and time; subject, text and any corresponding attachments, etc. ‐ Longevity: When making decisions about a conversion of a record, consider how long a record needs to be kept according to the records retention schedule and whether your intended conversion format is the best fit for that purpose. For example, those records that have a shorter retention lifespan, such as transitory email messages or dog licenses with the retention period of 2 years are normally best kept in their original format. On the other hand, a correspondence that has a permanent designation could be scanned into Laserfiche, if originally in the paper format, or transferred to a non-writable DVD as a .pst file if it’s an electronic e-mail correspondence. ‐ Technology Changes: When making a decision about converting your official government record to a different format or migrating it to a different storage media, consider choosing a standard format that is not proprietary and will allow for any future conversions or upgrades. For example, when generating a scanned image of the document consider using a TIFF file format instead of a PDF. File Naming Considerations: Since most of your department’s electronic documents fall within the definition of government records, they need to be organized and controlled in such a way as to ensure easy compliance with the various record management and data practices laws. One way to facilitate this task is to set up a department-wide policy that addresses proper procedures in naming your computer files. Consider requiring at least some of the following several elements in naming any computer file: a unique file name that is descriptive enough to easily identify the record on the records retention schedule; date; author name; draft or official version, etc. (e.g., Jim Smith Code Violation Letter November 2011). This initial effort in assigning a proper file name will facilitate not only your record retrieval but also your attempt to track and manage your electronic records throughout their retention lifecycle. Packet Page Number 124 of 236   City of Maplewood Records Retention, Preservation and Destruction Manual, January 2013 8    VI. APPENDIX: FORMS Included in this manual are the following forms to be used in the course of your department’s records retention, preservation and destruction management practices:  Records Inventory Worksheet- to be used by each department in the process of developing their own department’s records retention schedule for those active records that are not on the general records retention schedule.  Records Destruction Report – to be used by each department to log all government records destroyed according to the general records retention schedule. This form must be kept permanently.  PR-1 Form (Authority to Dispose Form) – to be used by each department for the destruction of all government records not listed on the general records retention schedule.  Transfer of Records to State Archives Form –to be used when applying to the Minnesota Historical Society for the transfer of permanent and archival government records.  Records Center Labels – to be used when labeling your stored government records.  Records Retrieval Form- to be used to document and track user custody chain. Packet Page Number 125 of 236 * Adapted from Minnesota Department of Administration, Information Policy Analysis Division, Preserving and Disposing of Government Records, July 2000. MINNESOTA RECORDS INVENTORY* See Instructions on Reverse. 1. Agency 2. Division/Section 3. Location of Records 4. Records Series Title 5. Records Series Description. Include contents (e.g. contracts, reports, applications, correspondence), purpose, and form numbers. 6.l Original File l Duplicate File 7. If duplicate, list location of original file. 8. STORAGE MEDIA (Check all that apply)9. DATA PRIVACY CLASSIFICATIONS l Paper l Other, including: l Microfilm (not COM)l Photographs l Public l Computer Output l Computer Cards l Private Microfilm (COM)l X-Rays l Confidential l Electronic (Tapes, Disks)l Slides l Nonpublic l _______________l Protected Nonpublic 10. RETENTION REQUIREMENTS YEARS CITATION 11. RECOMMENDED RETENTION PERIODS A. Federal Law A. Agency Office B. State Law B. Agency Storage C. Statute of Limitations C. State Records Center (State Agencies Only) D. Audit Period D. Total Retention (A + B + C) E. Administrative Needs 12. A vital record is essential to the continuation or resumption of your operations after a disaster. Are any documents in this records series considered vital?l Yes l No If yes, which documents are vital and why? 13. VOLUME (See Chart) Office Storage Cubic Feet Cubic Feet Inclusive Dates Inclusive Dates 14. Inventory Completed By (Print Name) Title Date Phone Statute Number or Date of Temporary Classification VOLUME CHART TO DETERMINE CUBIC FEET Letter Size Drawer = 1.5 3X5 Card 12” Row = 0.1 Legal Size Drawer = 2.0 4X6 Card 12” Row = 0.2 Shelving 4' Letter = 2.3 5X8 Card 12” Row = 0.3 Shelving 4' Legal = 3.0 Printouts 12” Stack = 1.25 Records Center Box = 1.0 Transfer Case = 2.5 (12” X 15” X 10")(24” X 16” X 11") City of Maplewood Records Inventory Worksheet Packet Page Number 126 of 236 INSTRUCTIONS All items are self-explanatory except: 4.A records series is a group of records filed together because they are relate to a particular subject. All records in a series must have the same retention period. 9.Check the data practices classification(s) of the data in this records series. The Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13) states that all government data is public unless classified by statute, temporary classification or federal law. If the records are not public, cite the statute or date of the temporary classification which classifies them. Further information on data practices may be obtained from the Minnesota Department of Administration, Information Policy Analysis Division at 651.296.6733 or 1.800.657.3721. 10.The retention of records by your agency is based on legal, fiscal and administrative requirements. A–C.State any laws which prescribe a retention period for your records. D. State the audit requirements (federal and state) for these records. For state records, the legislative auditor has stated that financial records must be kept for the current year plus three fiscal years or until audit, whichever occurs first. For local government records, the state auditor has stated that financial records must be kept for the current year plus six fiscal years or audit whichever occurs first. E. State the length of time these records are needed for administrative purposes. 11.Based on the retention requirements, state your agency’s recommendations for retention of these records in: A. Your office B. Your agency’s storage area. C. The State Records Center (state agency records only). Retention periods are determined and expressed in one of three ways. 1. In terms of time, for example, “retain four years” or “retain permanently.” 2. In terms of an event or action, for example, “retain until audited,” “retain until case closed,” or “retain until microfilmed.” 3. In terms of both, for example, “retain 6 months after audit” or “retain 3 years after case closed.” City of Maplewood Records Inventory Worksheet Packet Page Number 127 of 236 AgencyPerson Reporting DestructionDate Report SubmittedAddressCity, ZipTelephone ( ) General Schedule NameSection of ScheduleItem No. AsRecord TitleInclusive DateQuantity*or Agency Schedule Number Where Record is ListedListed on Schedule (use same title listed on schedule)Dates Destroyed (Cubic Feet)(e.g. “City Gen. Sch.” or “87-123”)*VOLUME CHART TO DETERMINE CUBIC FEETLetter Size Drawer = 1.5Record Center Box = 1.03 x 5 Card = 0.1Total Cubic FeetLegal Size Drawer = 2.012” x 15” x 10”4 x 6 Card = 0.2Destroyed (includeShelving 4' Letter = 2.3Transfer Case = 2.55 x 8 Card = 0.3records listedShelving 4' Legal = 3.024” x 16” x 11”Printouts 1 = 1.25on back)RECORDS DESTRUCTION REPORTINSTRUCTIONS1.Print or type all information.2.Use this form to report records destroyed under authority of a General Records Retention schedule or an approved agency retention schedule.3.Report only records that are physically destroyed, notrecords transferred to the Minnesota Historical Society.City of MaplewoodPacket Page Number 128 of 236 General Schedule Name Section of Schedule Item No. As Record TitleInclusive Date Quantity*or Agency Schedule Number Where Record is Listed Listed on Schedule (use same title listed on schedule) Dates Destroyed (Cubic Feet)(e.g. “City Gen. Sch.” or “87-123”)City of MaplewoodPacket Page Number 129 of 236 MINNESOTA HISTORICAL SOCIETY STATE ARCHIVES DEPARTMENT FOR USE BY RECORDS PANEL APPLICATION FOR AUTH ORITY Application No. Date TO DISPOSE OF RECORDS Instructions: 1. This form does not provide continuous authority to dispose of similar records and cannot be used to approve a records retention schedule. 2. Complete original and three copies. Photocopies are acceptable. 3. Complete items 1 through 6 and item 8. Use reverse side to continue records description. If more space is needed, use plain paper. 4. Send original and two copies to the State Archives Department, 345 Kellogg Boulevard West, St. Paul, MN 55102-1906. 5. Retain one copy until your approved copy is returned. The approved copy will be your authority to dispose of records. It should be retained permanently. 6. Additional copies of this form are available from the address above or by telephoning (651) 297 -4502. (FAX: (651) 296-9961). NOTE: Laws of 1971, Chapter 529, Section 3 reads as follows: “It is the policy of the legislature that the disposal and preservation of public records be controlled exclusively by Minnesota Statutes, Chapter 138 and by this act, thus, no prior, special or general statute shall be construed to authorize or prevent the disposal of public records at a time or in a manner different than prescribed by such chapter or by this act and no general or special statute enacted subsequent to this act shall be construed to authorize or prevent the disposal of public records at a time or in a manner different than prescribed in chapter 138 or in this act unless it expressly exempt s such records from the provision of such chapter and this act by specific reference to this section.” 1. Agency or Office 2. Division or Section 3. Quantity of Records __________________ Cubic Feet 4. Location of Records 5. Laws other than M.S. 138.17 that relate to the destruction or safekeeping of the records: 6. I certify that the records listed on this application are accurately described, and AUTHORIZATION: Under the authority of M.S. 138.17, it is hereby ordered that that they have no further administrative, legal, or fiscal value for this agency. The records listed on this application be destroyed, except as shown in item 7. ____________________________________________________________________ ____________________________________________________________________ Authorized Signature (Type name below) Director, Minnesota Historical Society Date ____________________________________________________________________ ____________________________________________________________________ Name Date Legislative or State Auditor Date ____________________________________________________________________ ____________________________________________________________________ Title Phone Attorney General Date 7. Exceptions to Destruction. (For use by Records Disposition Panel). 8. Description of Records. Describe each record series or type of record separately. Number each series, beginning with “1”. A. Item No. B. Name of record, form numbers, content, usage, arrangement, original C. Inclusive Dates duplicate, or microfilmed. City of Maplewood PR-1 Form Packet Page Number 130 of 236 PR1 (6/97) A. Item No. B. Name of record, form numbers, content, usage, arrangement, original C. Inclusive Dates duplicate, or microfilmed. City of Maplewood PR-1 Form Packet Page Number 131 of 236 MINNESOTA HISTORICAL SOCIETY STATE ARCHIVES DEPARTMENT MHS USE ONLY TRANSFER OF RECORDS TO STATE ARCHIVES Received By Date No. Boxes Comments Instructions: 1. Pack all records in standard records storage boxes, unless otherwise authorized by Archives staff. 2. Sequentially number boxes. 3. Records must be in labeled folders or otherwise clearly identified. 4. Retain one copy of this form for your records. Send original with your records to State Archives at the address below. 5. Transferred records cannot be withdrawn from the Archives except in special circumstances. Records are available for use in the Society’s Library at 345 Kellogg Boulevard West, St. Paul, Minnesota 55102-1906 (Telephone 651-259-3260; Fax 651-296-9961). 6. For additional space, use continuation pages. Agency Division/Section Telephone ( ) Address City, State, Zip Code Name/Title of Person Transferring Records (Print or Type) Signature Date RECORDS TRANSFERRED Box Number Description of Records in Each Box (including files, titles, and subtitles) Inclusive Dates of Records MHS/SA 5/04 Packet Page Number 132 of 236 Box Number Description of Records in Each Box (including files, titles, and subtitles) Inclusive Dates of Records MHS/DLA/7/97 Packet Page Number 133 of 236 CITY OF MAPLEWOOD RECORDS CENTER DEPARTMENT: RECORD SERIES: CONTENTS: RETENTION (FROM REC. SCHEDULE): DESTRUCTION DATE: CITY OF MAPLEWOOD RECORDS CENTER DEPARTMENT: RECORD SERIES: CONTENTS: RETENTION (FROM REC. SCHEDULE): DESTRUCTION DATE: Packet Page Number 134 of 236 RECORDS RETRIEVAL FORM INSTRUCTIONS: For tracking purposes, this form must be completed whenever an authorized staff member requests to retrieve any official record physically stored within your department. SECTION 1 REQUESTER’S NAME DEPARTMENT/DIVISION SECTION 2 RECORD/DOCUMENT REQUESTED DETAILED DESCRIPTION OF RECORD (volume, original/copy, description of storage location, approximate timeframe record will be retained outside of its storage area, etc.) SECTION 3 Request Taken By (please sign): Date: Record Returned By (please sign): Date: Returned Record Received By (please sign): Date: Returned Record Redeposited By (please sign): Date: Packet Page Number 135 of 236 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 136 of 236 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Director of Public Works/City Engineer Alan Kantrud, City Attorney SUBJECT: Hills and Dales Area Street Improvements, City Project 09-15 a. Re-Assessment Hearing b. Resolution Adopting Assessment Roll DATE: February 4, 2013 INTRODUCTION All eleven property owners have been mailed a notice of the exact amount of their reassessment, as well as notice that they must submit a written objection either at, or prior to, the hearing if they disagree with the reassessment amount. The City Council should conduct the assessment hearing, receive any objections, and refer those objections to the staff for action at the February 25, 2013 council meeting. The council will consider approving the attached resolution adopting the assessment roll except for those property owners who have submitted objections. BACKGROUND This project involved the street reconstruction of two areas as illustrated on the attached project location maps. Installation of storm sewer installation, replacement of sections of water main, sanitary sewer main and service repair, and the installation of storm water treatment features were included in the scope of the project Area #1 and Area #2 (location maps attached). 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 Maplewood City Council ordered the preparation of the feasibility report for Area #1 at the August 10, 2009 meeting. The scope of the feasibility study was modified to add Area #2 at the September 14, 2009 regular City Council meeting. On January 11, 2010 the City Council accepted the feasibility report and ordered the public hearing. The public hearing notice was published twice and notice was sent to the property owners. The project was then ordered and preparation of plans and specification were authorized at the January 25, 2010 council meeting after the public hearing was conducted. On March 22, 2010 the City Council approved the plans, authorized to advertise for bids, and ordered the preparation of the assessment roll. On April 12, 2010 the City Council accepted the assessment roll and called for the assessment hearing. The notice was published twice in the newspaper and was mailed to the property owners as required by Minnesota State Statute 429. Bids were opened on Tuesday, May 4, 2010 with Assessment Hearing and Adoption of the Assessment Roll on May 10, 2010. Construction started in summer of 2010 with construction finalized in 2011. During the assessment hearing process back in 2010, eleven residential property owners objected (2002 Duluth Street, 2132 Atlantic Street, 2117 Atlantic Street, 1232 Shryer Avenue, 2017 Duluth Street, 1246 E. County Road B, 1237 Leland Road, 2210 Duluth Street, 1685 Howard Street, 1866 Furness Street, Agenda Item H1 Packet Page Number 137 of 236 and 1695 Howard Street) and appealed to Ramsey County District Court. The order for judgment was the reassessment as provided in Minn. Stat. 429.071. Accordingly the City is reassessing subject parcels and the City Council adopted a resolution on January 14, 2013 that accepted the assessment roll and called for an assessment hearing to be held on February 11, 2013 for purposes of reassessment. ASSESSMENT DISCUSSION As mentioned above the City is reassessing as a result of the order for judgment which called for the reassessment as provided in Minn. Stat. 429.071. The following is the specific language from the Statute: 429.071 SUPPLEMENTAL ASSESSMENTS; REASSESSMENT. Subd. 2.Reassessment. When an assessment is, for any reason whatever, set aside by a court of competent jurisdiction as to any parcel or parcels of land, or in event the council finds that the assessment or any part thereof is excessive or determines on advice of the municipal attorney that the assessment or proposed assessment or any part thereof is or may be invalid for any reason, the council may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to such parcel or parcels. Accordingly, the City is conducting this reassessment hearing on February 11, 2013 to make reassessment against the eleven subject parcels. In advance of this process an independent appraiser was hired to conduct a Special Benefits Appraisal for each of the eleven residential properties. The City Attorney received the appraisal documents on December 4, 2012 from the appraiser. Based on the Special Benefits Appraisal report the special benefit was found to range from $4,000 to $6,800. The currently proposed special assessments (roll attached) conform to the City’s Assessment Policy and MN Statute 429 of which one of the requirements is that the proposed assessment cannot exceed the special benefit (market value increase). RECOMMENDATION It is recommended that the City Council approve the attached Resolution for the Adoption of the Assessment Roll for 2002 Duluth Street, 2132 Atlantic Street, 2117 Atlantic Street, 1232 Shryer Avenue, 2017 Duluth Street, 1246 E. County Road B, 1237 Leland Road, 2210 Duluth Street, 1685 Howard Street, 1866 Furness Street, and 1695 Howard Street for the Hills and Dales Area Street Improvements, City Project 09-15. Attachments: 1. Resolution: Adopting Assessment Roll 2. Assessment Roll 3. Location Map Agenda Item H1 Packet Page Number 138 of 236 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on January 14, 2013, calling for a Public Hearing for purposes of Reassessment, the assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. None to Date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on February 25, 2013 as to their recommendations for adjustments. 2. The assessment roll for the Hills and Dales Area Street Improvements as amended, without those property owner’s assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2014 and shall bear interest at the rate of 5.0 percent per annum. To the first installment shall be added interest on the entire assessment from February 11, 2013 until December 31, 2014. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the reassessment to the county auditor, pay the whole of the reassessment on such property, with interest accrued to the date of payment, to the City of Maplewood, except that no interest shall be charged if the entire reassessment is paid within 30 days from the adoption of the reassessment. Owner may at any time thereafter, pay to the Ramsey County the entire amount of the reassessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Engineer and City Clerk shall forthwith after November 15, 2013 but no later than November16, 2013 transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the City Council this 11th day of February 2013. Agenda Item H1 Attachment 1 Packet Page Number 139 of 236 Hills and Dales Area Street ImprovementsCity Project 09-15Re-assessmentParcel IDTAXPAYERStreet NumberStreetRESIDENTIAL UNITSASSESSMENT RATETOTAL ASSESSMENT162922110099ESTHER D OLSON2117ATLANTIC ST N1$6,800.00$6,800.00162922110075CONNIE JOHNSON2132ATLANTIC ST N1$6,800.00$6,800.00092922440069PEGGY J THOMASON1246COUNTY ROAD B E1$5,200.00$5,200.00162922140017RAYMOND RICHARD DECKER2002DULUTH ST N1$6,800.00$6,800.00162922140045KENNETH G DUFNER2017DULUTH ST N1$6,800.00$6,800.00092922440086REBECCA T GURROLA2210DULUTH ST N1$5,200.00$5,200.00092922440076JAY R GRUETT1237LELAND RD E1$4,000.00$4,000.00162922140012MEGAN NELSON1232SHRYER AVE E1$6,800.00$6,800.00142922410048PHOENIX RESIDENCE INC1866FURNESS ST N1$6,800.00$6,800.00142922440047PHOENIX RESIDENCE INC1685HOWARD ST N1$6,300.00$6,300.00142922440048BOB A M SERREYN1695HOWARD ST N1$6,300.00$6,300.00TOTALS11 TOTAL = $67,800.002009 ASSESSMENT RATES:THE ABOVE ASSESSMENT RATES ARE BASED UPON SPECIAL BENEFIT APPRAISALSAgenda Item H1 Attachment 2 Packet Page Number 140 of 236 Agenda Item H1 Attachment 3 Packet Page Number 141 of 236 Agenda Item H1 Attachment 3 Packet Page Number 142 of 236 Agenda Item I.1 MEMORANDUM TO: Jim Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Second Reading of the Wetland Ordinance Amendment DATE: February 6, 2013 for the February 11 City Council Meeting INTRODUCTION The wetland ordinance was adopted in December 2009. Because wetlands adjacent lakes are used by residents differently than freestanding wetlands, the City Council included reduced buffer requirements for these wetlands. The ordinance included a sunset clause which has the reduced buffers expiring at the end of 2012, or when the City revises the shoreland ordinance, whichever comes first. Since that time, the Department of Natural Resources has not moved forward with amendments to the State’s Shoreland Rules. Therefore, the City was not required to modify our shoreland ordinance based on those new rules. Because of this the Environmental and Natural Resources (ENR) Commission is recommending the removal of the reduced buffer sunset clause from the wetland ordinance in addition to other minor amendments to the ordinance. BACKGROUND The City Council held a public hearing for the first reading of the wetland ordinance on January 28, 2013. No changes were proposed to the ordinance during the first reading. DISCUSSION Wetland Buffers The wetland ordinance states the following: Buffers for wetlands adjacent to lakes. In light of the fact that lakes perform different functions than wetlands and streams and are used for different recreational purposes, wetlands adjacent to lakes and their designated buffers shall have alternative buffers. The following alternative buffers for wetlands adjacent to lakes will apply until Dec. 31, 2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever comes first. Buffer Wetland Classes (for Wetlands Adjacent to Lakes) Manage A Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 50 ft. The ordinance specifies buffers for freestanding wetlands as follows: Buffer Wetland Classes (for Freestanding Wetlands) Manage A Manage B Manage C Minimum Buffer Width 100 ft. 75 ft. 50 ft. Packet Page Number 143 of 236 2 ENR Commission Review In the Fall of 2012 the ENR Commission reviewed the private properties that would be affected by regulations for wetlands adjacent lakes. These included 40 residential properties located on three lakes (Beaver Lake, Lake Oehrline, and Wakefield Lake). The wetlands adjacent these lakes are classified as Manage A (Beaver Lake wetlands) and Manage B (Oehrline and Wakefield Lake wetlands). There are no private properties that are located on Manage C wetlands adjacent lakes. The ENR Commission reviewed several scenarios for regulating wetlands adjacent lakes. One scenario included having the buffers for wetlands adjacent lakes be the same as freestanding wetlands, but allowing exemptions for encroachments of structures into a “non-naturalized” buffer without a variance. Exemptions would be reviewed and approved by staff as part of the building permit process. Mitigation for the exemptions would include the planting of a native buffer. Ultimately the ENR Commission was convinced that wetlands adjacent lakes should eventually be regulated as part of the shoreland ordinance. Until the City revises its shoreland ordinance, these regulations should remain in the wetland ordinance with the reduced buffers as originally approved. Other Wetland Ordinance Changes Since the adoption of the wetland ordinance in 2009, staff has found a few areas of the ordinance that require modifications as follows: 1. Correct the stormwater pond definition. 2. Allow exemptions for the public maintenance of wetlands and buffers. This would include public operations required to properly maintain in and around water bodies. 3. Remove the requirement that wetland map changes require MnRAM studies which are approved by the watershed district. Incidental wetlands require a review by the watershed district, but not a MnRAM study. The language should be modified to include the requirement that wetland changes require watershed district approval only. 4. For public or semipublic trails within a buffer the ordinance should not specify a minimum or maximum width for boardwalks. 5. Modify variance regulations to meet new State statute. RECOMMENDATION Approve the second reading of the attached ordinance (Attachment 2). This ordinance revises the city’s wetland and stream regulations. Attachment: Amended Wetland Ordinance Packet Page Number 144 of 236 1 Attachment 1 ORDINANCE NO. ______ AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION AND CRITICAL AREA ARTICLE OF THE CITY CODE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: This amendment revises portions of Chapter 18, Article V (Environmental Protection and Critical Area) dealing with wetlands. Additions are shown underlined and deletions are shown as stricken. Section 1. Findings. a. Wetlands serve a variety of beneficial functions. Wetlands help maintain water quality by filtering suspended solids and pollutants. They reduce flooding and erosion, provide open space for human interaction, and are an integral part of the city’s environment. Depending upon their type, size, and location within a watershed, they represent important physical, educational, ecological, aesthetic, recreational, and economic assets of the city. Properly managed wetlands are needed to support the city’s efforts to reduce flooding and to protect the public health, safety, and general welfare. b. Wetlands and buffers provide habitat for aquatic, semi-aquatic, and terrestrial wildlife, including rare, threatened, or endangered species. They provide breeding, nesting and feeding grounds for many forms of plant and animal life. Many species of wildlife require both wetlands and their associated upland buffers for survival. Protecting wetlands and buffers is essential for preserving the diversity of plant and animal species in the city. c. Streams are also significant elements of the city’s hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city’s environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational, and economic asset. d. Various existing state and federal laws restrict activities and development within wetlands and streams. The city finds that development adjacent to and surrounding wetlands may also degrade and pollute wetlands or accelerate the aging or elimination of wetlands and that development next to streams may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating development and land use around wetlands and streams is therefore in the public interest. e. As defined and used herein, buffers are land areas adjacent to wetlands and streams that are deemed important for maintaining the health and valuable functions of such wetlands and streams. Restricting development of and land use in buffers recognizes that the surrounding upland impacts the quality and functions of wetlands and streams and, therefore, is in the public interest. Packet Page Number 145 of 236 2 f. Buffers planted with native or naturalized vegetation serve the following functions: (1) Stabilize soil and prevent erosion. (2) Preserve and enhance the quality of surface water by reducing the input of suspended solids, nutrients, and harmful chemical substances that may adversely impact public health or aquatic habitat. (3) Filter suspended solids, nutrients, pollutants, and harmful substances so that they do not enter the wetland or stream. (4) Moderate water level fluctuations during storms. (5) Protect beneficial plant life and provide habitat for wildlife. (6) Provide shade to reduce the temperature of both stormwater runoff and the wetland, thereby helping to maintain the conditions for healthy aquatic life. (7) Reduce the adverse impacts of human activities on wetlands and streams and thereby preserve them in a natural state. g. In addition to regulating development and land use around wetlands, this ordinance is intended to educate the public (including appraisers, owners, potential buyers, and developers) about the importance of wetlands and streams and the functions of buffers and to encourage property owners who live adjacent to and/or near wetlands and streams to be responsible stewards by managing and enhancing the quality of buffers as hereinafter described. Section 2. Definitions. The following words, terms, and phrases when used in this ordinance shall have the meanings ascribed to them in this section, except where the context of the word, terms, and phrases clearly indicates a different meaning. Administrator means the director of the community development department or other person or persons charged with the administration and enforcement of this ordinance. Alteration means human action that adversely affects the vegetation, hydrology, wildlife or wildlife habitat in a wetland, stream or buffer, including grading, filling, dumping, dredging, draining, paving, construction, application of gravel, discharging pollutants (including herbicides and pesticides), and compacting or disturbing soil through vehicle or equipment use. Alteration also includes the mass removal or mass planting of vegetation by means of cutting, pruning, topping, clearing, relocating, or applying herbicides or any hazardous or toxic substance designed to kill plant life. Alteration does not include the following activities in a buffer: a. Walking, passive recreation, fishing, or other similar low-impact activities. b. The maintenance of pre-existing, nonconforming lawn area. Packet Page Number 146 of 236 3 c. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. d. The removal of noxious weeds by non-chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. e. The removal of non-native shrubs, such as buckthorn, if: 1. there is little chance of erosion; and 2. site is flat or generally has slopes less than 6 percent grade; and 3. cut and treat method of removal is used on shrubs more than one-half (½) inches in diameter (not pulling).   f. Selective management of vegetation as follows: 1. Selective pruning of trees or shrubs in order to enhance their health. 2. Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. 3. Selective removal of non-native trees. 4. Selective removal of non-native weeds. 5. Selective seeding or planting of vegetation that is native to Minnesota. g. Installation of temporary fencing without footings. h. Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. Best management practices (BMP’s) mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces, planting of deep-rooted native plants, landscape and pavement maintenance. Boathouse means a structure designed and used solely for the storage of boats or boating equipment. Buffers are land areas adjacent to wetlands and streams in which development and land use are restricted as set forth herein and in which the growth of native and naturalized plants and trees are to be preserved and encouraged in accordance with this ordinance. Clearing means the cutting or removal of vegetation. Enhancement means an action that increases the functions and values of a wetland, stream, or buffer. Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Packet Page Number 147 of 236 4 Incidental wetland means a wetland which did not naturally occur, but was incidentally created by humans. Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within forty-eight (48) hours of a storm event. Lake means an area of open, relatively deep water that is large enough to produce a wave- swept shore. Lake shall also be defined as a “public water” as delineated and listed in the city’s shoreland ordinance (Article IX). Large-scale project means a vegetation maintenance, control, removal, mitigation or restoration project that will affect more than fifty percent (50%) of a buffer located on a piece of property. Lawn area means that area within a buffer with maintained landscape, including areas of mowed turf grass, gardens, play areas, work areas, patios, play structures, and nonpermanent structures. Lawn area does not include: (1) areas within a buffer consisting of native or naturalized vegetation; and (2) the land area that is outside of a buffer. Minnesota Routine Assessment Method (MnRAM) is a scientific methodology to assess the quality of wetlands. Mitigation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer or wetland. Mitigation plan means a plan submitted by an applicant and approved by the city that shows strategies for reducing, rectifying, eliminating, or compensating for the alteration of a buffer or wetland. Native area means an area where native vegetation exists. Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area and that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Naturalized area means an area where naturalized vegetation exists and does not include a lawn area. Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted or maintained as a lawn area. It may be a native or non- native species. Nonconforming lawn area means that area within a buffer with maintained landscape (lawn area) as of the date of adoption of this ordinance. Once a nonconforming lawn area is converted to native or naturalized buffer, it loses its legal nonconforming status and may not thereafter be treated as a nonconforming lawn area. Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Ordinary high water mark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water Packet Page Number 148 of 236 5 mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Public waters means water basins assigned a shoreline management classification by the Minnesota Department of Natural Resources commissioner under Minnesota Statutes, sections 103F.201 to 103F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes. Rain garden means an infiltration basin that is planted as a garden that allows water to infiltrate within forty-eight (48) hours of a storm event. Restoration means restoring a wetland, stream, or buffer in whole or in part to a condition that is similar to that before development of the surrounding area. Selective means vegetation management done in a naturalized or native buffer, where a minimal amount of vegetation is altered, with the goal of improving ecological quality of the buffer and/or its ability to filter stormwater runoff. Semipublic means land that is maintained by a private organization or citizen for use by a larger group of people to include employees, neighbors, or the general public use. Setback means the minimum horizontal distance between a structure and the nearest edge of the wetland, stream, or buffer. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Stormwater pond means a pond that has been created to capture stormwater runoff. It is a natural wetland. Stormwater is often piped into stormwater ponds but may also enter through sheet runoff. Stormwater pond edge means the normal high water level for a stormwater pond. Straight-edge setback is a measurement to determine the allowable setback of an addition to an existing house, garage, deck or driveway which is located closer to or within the required buffer. Straight-edge setback additions are measured by using the existing edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground. Sustainable design means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control Packet Page Number 149 of 236 6 blankets, bale slope barriers, or other best management erosion control methods approved by the city. Variance means a deviation from the standards of this ordinance that is not specifically allowed. Vegetation means any plant life growing at, below, or above the soil surface. Water-oriented accessory structure means a small, aboveground building or other improvement that the owner needs to locate closer to public waters than the normal structure setback. Such a setback would be because of the relationship of its use to a surface water feature. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses or freestanding decks. The definition of water-oriented accessory structures or facilities shall not include stairways, fences, docks or retaining walls. Weed means a plant which causes damage in some way to native vegetation or ecosystems. (See also noxious weed.) Wetlands means those areas of the city inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas as defined. Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil and other documentation of the previous existence of wetland vegetation such as aerial photographs. This definition does not include lakes or stormwater ponds as herein defined. Wetlands adjacent to lakes means those areas of land or vegetation that have been classified as wetlands by an applicable Watershed District in accordance with the Minnesota Routine Assessment Method (MnRAM) system but which are attached to or part of the edge of a lake as defined herein. Wetland classes are defined as follows: a. Manage A wetlands are based on the “Preserve” wetland classification as defined in MnRAM. These wetlands are exceptional and the highest-functioning wetlands in Maplewood. b. Manage B wetlands are based on the “Manage 1” wetland classifications as defined in MnRAM. These wetlands are high-quality wetlands. c. Manage C wetlands are based on the “Manage 2” wetland classifications as defined in MnRAM. These wetlands provide moderate quality. d. Stormwater Pond – These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands. Wetland functions mean the natural processes performed by wetlands. These include providing wildlife food and habitat, maintaining the availability of water, purifying water, acting as a recharge and discharge area for groundwater aquifers, moderating the flow of surface water and stormwater, and performing other functions including but not limited to those set out in U.S. Army Corps of Engineers regulations. Packet Page Number 150 of 236 7 Wetland buffer management worksheet is a printed form available through the community development department which is required to be completed by a property owner who wishes to undertake certain activities in a wetland or stream buffer. The activities proposed by the property owner on the worksheet must be approved by the administrator prior to any work in the buffer. Wetland or stream edge means the line delineating the outer edge of a wetland or stream. The wetland edge shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service, or succeeding publication that is adopted by the Federal Government. The applicable watershed district must verify this line. Section 3. Applicability and Effective Date. a. Applicability. 1. This ordinance shall take effect after the city publishes it in the official newspaper. 2. Except as specified elsewhere in this ordinance, this ordinance shall apply to all real property which is located in a wetland, stream, or buffer or any person or use that would alter a wetland, stream, or buffer after adoption of this ordinance (December 14, 2009) and revisions of this ordinance (February 11, 2013). 3. The city adopts the wetland classification map dated December 14, 2009, which is based on wetland classifications from the MnRAM studies and assigned by the applicable watershed district. Other wetland classification regulations are as follows: a. The city council will adopt changes to the wetland map which are based on MnRAM studies conducted and approved by watershed districts. a.b. Any wetland not currently assigned a classification based on MnRAM studies as of the date of the adoption of this ordinance (December 14, 2009) shall carry over the city’s April 24, 1995, wetland classifications and shall be assigned the following management classes: 1) Class 1 wetlands are defined as Manage A wetlands. 2) Class 2 wetlands are defined as Manage A wetlands. 3) Class 3 wetlands are defined as Manage B wetlands. 4) Class 4 wetlands are defined as Manage C wetlands. 5) Class 5 wetlands are defined as stormwater ponds. c. Wetlands adjacent to lakes will be regulated by this ordinance until December 31, 2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever occurs first. Packet Page Number 151 of 236 8 b.d. Appeals to the wetland classifications are within the jurisdiction of the applicable watershed district and shall be filed and heard pursuant to the administrative review process of that district. In the event that an appeal is granted, the city will recognize the results of that appeal for purposes of the classification of wetlands within the city. 4. The city council will adopt changes to the wetland map which are approved by watershed districts. 5.4. When any provision of any ordinance conflicts with this ordinance, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this ordinance. This also applies to the applicable watershed district regulations. b. Exemptions. This section does not apply to the following property located in the city limits of Maplewood: 1. Property which is located within a buffer, but is separated from the wetland or stream by an existing road. 2. Buildings and structures not in conformity with the regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. 3. Lawn areas not in conformity with regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. A nonconforming lawn area will lose its legal nonconforming status if it is converted to native or naturalized buffer and may not thereafter be treated as a lawn area. Section 4. Buffer Widths and Requirements. a. Minimum buffers. The following are the minimum required buffer widths and structure setbacks: Buffer Wetland Classes Manage A Stormwater & Streams Manage B Manage C Pond Minimum Buffer Width 100 ft. 75 ft. 50 ft. 10 ft. Structure Setback from Edge of Buffer 0 0 0 10 ft. b. Buffer measurement. Buffers shall be measured from the wetland or stream edge. c. Buffers containing slopes. For new development or construction on slopes greater than eighteen percent (18%) that are within a buffer, the buffer width shall be increased to ten (10) feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. Packet Page Number 152 of 236 9 d. Buffers for wetlands adjacent to lakes. In light of the fact that lakes perform different functions than wetlands and streams and are used for different recreational purposes, wetlands adjacent to lakes and their designated buffers shall have alternative buffers as follows:. The following alternative buffers for wetlands adjacent to lakes will apply until December 31, 2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever comes first. Buffer Wetland Classes (for Wetlands Adjacent to Lakes) Manage A Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 50 ft. e. Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel may be necessary to allow for the reasonable use of the land during a development or construction project. In such cases decreasing the minimum buffer width will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. 1. The average buffer standards set forth below may be applied based on an assessment of the following: a) Undue hardship would arise from not allowing the average buffer, or would otherwise not be in the public interest. b) Size of parcel. c) Configuration of existing roads and utilities. d) Percentage of parcel covered by wetland. e) Configuration of wetlands on the parcel. f) Averaging will not cause degradation of the wetland or stream. g) Averaging will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 2. The following are the average buffer widths for freestanding wetlands: Buffer Wetland Classes (for Freestanding Wetlands) Manage A & Streams Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 50 ft. Average Buffer Width 100 ft. 75 ft. N/A Packet Page Number 153 of 236 10 3. The following are the average buffer widths for wetlands adjacent lakes: Buffer Wetland Classes (for Wetlands Adjacent to Lakes) Manage A Manage B Manage C Minimum Buffer Width 50 ft. 50 ft. 50 ft. Average Buffer Width 75 ft. N/A. N/A 4.3. Average buffer measurement. Average buffer measurement shall be determined by averaging the buffer along the wetland edge situated on the subject property, not the entire wetland. 5.4. A mitigation plan is required for construction of development projects which meet the requirements described in Section 5.d. (Mitigation). 6.5. The appropriateness of using average buffers will be evaluated as part of the review of the contractor’s or owner’s development application. The average buffer used must be within the spirit and intent of this ordinance and must meet one or more of the requirements described in Section 7 (Best Management Practices). 7.6. The administrator must approve the average buffer. 8.7. If an average buffer is denied by the administrator, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the administrator’s written denial of the average buffer. The administrator shall send appeals of average buffers to the environmental and natural resources commission for review. 9.8. If an average buffer is denied by the environmental and natural resources commission, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the commission’s denial of the average buffer. The administrator shall send these appeals to the city council for final review. Section 5. Development and Construction. a. Unless an exemption applies, the following development and construction activities are not allowed in wetlands, streams, or buffers: 1. Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. Packet Page Number 154 of 236 11 5. Discharge of stormwater to a wetland not in compliance with the city’s stormwater management ordinance (Section 44-1245, or subsequent ordinances). b. Exemptions. This section does not apply to the following activities in a buffer: 1. Walking, passive recreation, fishing or other similar low-impact activities. 2. The maintenance of pre-existing, nonconforming lawn area. 3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 4. The removal of noxious weeds by non-chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. 5. The removal of non-native shrubs, such as buckthorn, if: a) there is little chance of erosion; and b) site is flat or generally has slopes less than 6 percent grade; and c) cut and treat method of removal is used on shrubs more than one-half (½) inches in diameter (not pulling).   6. Selective management of vegetation as follows: a) Selective pruning of trees or shrubs in order to enhance their health. b) Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. c) Selective removal of non-native trees. d) Selective removal of non-native weeds. e) Selective seeding or planting of vegetation that is native to Minnesota. 7. Installation of temporary fencing without footings. 8. Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. 9. Public maintenance of wetlands and buffers. The city may waive the requirements of this ordinance for public operations required to properly maintain in and around water bodies where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city shall apply the following standards: a) All necessary erosion control measures must be in place before activities begin. b) The public entity performing the work shall replant all disturbed areas within the buffer with native plantings. Packet Page Number 155 of 236 12 c) The city may require additional mitigation actions as specified in Section 5.d. (Mitigation). 10.9. Public or semi-public streets and utilities. The city council may waive the requirements of this ordinance for the construction or maintenance of public or semipublic streets and utilities through buffers where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city council shall apply the following standards: a) The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative. b) Before the city council acts on the waiver the environmental and natural resources commission and the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The city planning commission shall hold a public hearing for the waiver. The city shall notify the property owners within five hundred (500) feet of the property for which the waiver is being requested at least ten (10) days before the hearing. c) Utility or street corridors shall not be allowed near when endangered or threatened species are found in the buffer. d) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland as possible. e) Utility or street corridor construction and maintenance shall protect the wetland and buffer and avoid large trees as much as possible. f) The city shall not allow the use of pesticides or other hazardous or toxic substances in buffers or wetlands; however, in some situations the use of herbicides may be used if prior approval is obtained from the administrator. g) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city ordinance. h) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to the road which is parallel to the wetland edge. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. i) The city council, upon recommendation of the administrator, may require additional mitigation actions as a condition of granting the waiver. 11.10. Public or semipublic trails. The city may waive the requirements of this ordinance for the construction or maintenance of public or semipublic trails through buffers, and boardwalks in wetlands, where it determines that there is a Packet Page Number 156 of 236 13 greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city shall apply the following standards: a) Trails shall not be allowed near when endangered or threatened species are found to be present in the buffer. b) Buffers shall be expanded, equal to the width of the trail corridor. c) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by the city. d) All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. e) The trail must be designed and constructed with sustainable design methods. f) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public or semipublic use. g) The administrator may require additional mitigation actions as specified in Section 5.d. (Mitigation). c. Construction Practices. Special construction practices shall be required on projects or developments adjacent to wetlands and adjacent to and in their buffers. Special construction practices shall be approved by the administrator before issuance of a grading or building permit. Such practices may include, but are not limited to, grading, sequencing, vehicle tracking platforms, additional silt fences, and additional sediment control. They may also include the following: 1. Wetland Buffer Sign Standards: The city may require that a property owner or developer install wetland signs before grading or starting construction. The buffer will be identified by installing wetland signs on the boundary between a buffer and adjacent land. These signs shall mark the edge of the buffer and shall state there shall be no building, mowing, cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of one-hundred (100) feet of wetland or stream edge. 2. Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of buffers. Such erosion control measures must remain in place until the owner and contractor have finished all development activities that may affect the buffer. 3. Erosion Control Breaches: All erosion control measures must be maintained and inspected to ensure compliance and protection of wetlands, streams, and buffers. The owner or contractor shall be responsible for all erosion/sedimentation Packet Page Number 157 of 236 14 breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. 4. Erosion Control Removal: After completion of grading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. 5. Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. 6. It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. d. Mitigation. For large-scale projects or new development or construction, the city requires mitigation when a property owner or contractor has altered or will alter a wetland or buffer. The property owner or contractor shall submit a mitigation plan to the administrator for approval. In reviewing the plan, the city may require one or more of the following actions: 1. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5. Monitoring the impact and taking appropriate corrective measures. 6. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. 7. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of one hundred and fifty percent (150%) of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Packet Page Number 158 of 236 15 Section 6. Activities in Wetlands, Streams, and Buffers. a. Unless an exemption applies, the following activities are not allowed in wetlands, streams, or buffers: 1. Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. The discharging of stormwater to a wetland must comply with the city’s stormwater management ordinance (Section 44-1245, or subsequent stormwater ordinances). b. Wetland buffer management worksheet. A wetland buffer management worksheet is required for certain activities within a wetland and stream buffer: 1. The administrator must approve wetland buffer management worksheets. 2. If a wetland buffer management worksheet is denied by the administrator, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the administrator’s written denial of the average buffer. The administrator shall send appeals of average buffers to the environmental and natural resources commission for review. 3. If a wetland buffer management worksheet is denied by the environmental and natural resources commission, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the commission’s denial of the average buffer. The administrator shall send these appeals to the city council for final review. c. Exemptions. This section does not apply to the following activities in a buffer: 1. Walking, passive recreation, fishing or other similar low-impact activities. 2. The maintenance of pre-existing, nonconforming lawn area. 3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 4. The removal of noxious weeds by non-chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. 5. The removal of non-native shrubs, such as buckthorn, if: a) there is little chance of erosion; and Packet Page Number 159 of 236 16 b) site is flat or generally has slopes less than 6 percent grade; and c) cut and treat method of removal is used on shrubs more than one-half (½) inches in diameter (not pulling).   6. Selective management of vegetation as follows: a) Selective pruning of trees or shrubs in order to enhance their health. b) Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. c) Selective removal of non-native trees. d) Selective removal of non-native weeds. e) Selective seeding or planting of vegetation that is native to Minnesota. 7. Installation of temporary fencing without footings. 8. Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. 9. For properties that are zoned single or double-dwelling residential or are used as a single or double-dwelling residential use: a) The use, maintenance, and alteration of existing nonconforming lawn area for the purpose of outdoor enjoyment which may include gardening, nonpermanent structures (including such things as storage sheds under 120 square feet in area, swing sets and volleyball nets), impervious patios, or fire pits. b) Work within a wetland, stream, or buffer which was approved by the Minnesota Department of Natural Resources water permitting process and access to those areas by a trail which is limited to the width of the permit. Section 7. Best Management Practices. The city encourages and in some cases requires that best management practices be implemented to minimize negative effects of stormwater runoff on the environment and the loss of wildlife habitat when a property owner or contractor has altered or will alter a wetland, stream, or buffer. Best management practices may include the following: a. Restore buffer with native plantings. For large-scale projects or new development or construction refer to Section 5.d. (Mitigation). b. Manage weeds in buffer. Pursuant to state law, all weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a wetland buffer management worksheet is required for management of weeds within the native and naturalized areas of buffers, except for selective treatment. In addition, a management plan drafted by a professional experienced in wetland and stream restoration may be needed for large-scale projects or new development including: Packet Page Number 160 of 236 17 1. Target weeds. 2. Appropriate management techniques, including the use of chemical treatment if approved by the administrator as part of the management plan. 3. Management schedule. 4. Erosion control and reseeding if management will create large areas of dead vegetation. 5. Cash escrow or letter of credit to cover 150 percent of the required work. c. Reduce stormwater runoff and/or improve the quality of stormwater runoff entering a wetland or stream. This may be achieved through the following strategies or other administrator approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. 1. Reduce amount of pavement on site (i.e. fewer parking stalls, narrower driveways, shared parking with other businesses). 2. Use pervious pavement such as pavers or porous asphalt. 3. Use turf pavers or modified turf areas for overflow parking. 4. Install rain garden or infiltration basin. 5. Install rock trench or rock pit. 6. Install filter strip of grass or native vegetation. 7. Install surface sand filter or underground filter. 8. Install native plantings on site to reduce fertilizer use and improve infiltration. 9. Install a green roof on buildings. 10. Install grit chambers, sediment traps, or forebays. Section 8. Variances. a. Procedures. Procedures for granting variances from this ordinance are as follows: 1. The city council may approve variances to the requirements in this ordinance. 2. Before the city council acts on a wetland ordinance variance the environmental and natural resources commission and will make a recommendation to the planning commission, who will in turn make a recommendation to the city council. The city planning commission shall hold a public hearing for the variance. The city shall notify property owners within five hundred (500) feet of the property for which the variance is being requested at least ten (10) days before the hearing. Packet Page Number 161 of 236 18 3. The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies listed in Section 5.d. (Mitigation). 4. To approve a variance, the city council shall apply must make the following findings for variance approval as required as depicted in Minnesota Statutes., section 44-13: a) Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The term "undue hardship" as used in granting a variance means the owner of the property in question cannot put it to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone are not an undue hardship if reasonable use for the property exists under the terms of this ordinance. b) The variance would be in keeping with the spirit and intent of this ordinance. 5. The applicant for a variance shall submit, with the variance application and any other required materials, a statement showing how the proposal would meet the findings for variance approval. b. Exemptions to Variances. Variances are not needed for the following: 1. A nonconforming single or double-dwelling residential structure which loses its nonconforming status as described in Minnesota Statutes, section 462.357, subdivision 1(e) is allowed to be rebuilt on its same footprint in its entirety (including foundations and decks) in the buffer if the new single or double- dwelling family residential structure meets the following conditions: a) Best management practices are implemented to help protect the wetland as described in Section 7 (Best Management Practices). The administrator approves the location and best management practices through the building permit process. b) All other applicable building ordinance requirements are met. 2. A nonconforming manufactured home which is located within a wetland buffer can be replaced with a new manufactured home without approval of a variance as long as the replacement meets with the requirements of Minnesota Statutes, section 462.357, subdivision 1(a). 3. Additions to a nonconforming single or double-dwelling family house, garage, deck, or driveway using the existing straight-edge setbacks to a wetland or stream if the following apply: Packet Page Number 162 of 236 19 a) Property that is zoned single or double-dwelling residential or is being used as a single or double-dwelling residence. b) There is no other reasonable alternative than encroachment toward the wetland or stream with the addition. c) The new addition of the house, garage, deck, or driveway is a minimum of twenty-five (25) feet from the wetland or stream edge. d) The process of constructing the addition does not cause degradation of the wetland, stream, or the existing buffer. e) Mitigation actions must be met as specified in Section 5.d. (Mitigation). 4. Water-oriented accessory structure or boat house which is located within a wetland buffer for a wetland adjacent a lake if the structure meets the city’s Shoreland ordinance requirements. 5. Stairways, lifts and landings which are located within a wetland buffer for a wetland adjacent a lake if the stairway, lift and landing meets the city’s Shoreland ordinance requirements. Section 9. Enforcement. The city reserves the right to inspect the site or property during regular city business hours or upon notice to the property owner or its designated representative one business day in advance if the inspection is to occur at a different time for compliance with this ordinance during development or construction or alteration pursuant to an approved wetland buffer management worksheet or plan. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance may be charged with a misdemeanor and, upon conviction, shall be subject to punishment in accordance with misdemeanor level convictions as set by State Statute. The violator may be civilly fined and/or liable for restoration costs as well. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city council approved the first reading of this ordinance on January 28, 2013. The city council approved the second reading of this ordinance on February 11, 2013 Signed: _______________________________ _______________________________ Will Rossbach, Mayor Date Attest: ________________________________ Karen Guilfoile, City Clerk Packet Page Number 163 of 236 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 164 of 236 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager SUBJECT: Consider Authorizing the Publication of the Draft Environmental Assessment Worksheet (EAW) for 3M Company DATE: February 4, 2013 INTRODUCTION The firm of TKDA, representing 3M Company, is requesting that the city council authorize the publication of the Draft Environmental Assessment Worksheet (EAW) for 3M Company’s proposed Research and Development building at 3M Center. If approved for publication, the EAW would be published in the EQB Monitor and would be made available to public agencies, as well as the public, during the required 30 day comment period. Please refer to the attached memorandum from Sherri Buss, of TKDA, and the attached draft EAW with its supporting data. RECOMMENDATION Authorize the publication of the 3M Company Draft Environmental Assessment Worksheet in the EQB Monitor for public agency comments. p:36\3M Building Proposal NE McKnight and Conway\EAW CC to authorize publication CC cover memo 2 13 te Attachments: 1. Memorandum from Sherri Buss of TKDA dated February 4, 2013 2. Draft EAW 3. EAW attachments Agenda Item J1 Packet Page Number 165 of 236 Attachment 1Packet Page Number 166 of 236 Packet Page Number 167 of 236 Packet Page Number 168 of 236 Attachment 2 Packet Page Number 169 of 236 Packet Page Number 170 of 236 Packet Page Number 171 of 236 Packet Page Number 172 of 236 Packet Page Number 173 of 236 Packet Page Number 174 of 236 Packet Page Number 175 of 236 Packet Page Number 176 of 236 Packet Page Number 177 of 236 Packet Page Number 178 of 236 Packet Page Number 179 of 236 Packet Page Number 180 of 236 Packet Page Number 181 of 236 Packet Page Number 182 of 236 Packet Page Number 183 of 236 Packet Page Number 184 of 236 Packet Page Number 185 of 236 Packet Page Number 186 of 236 Packet Page Number 187 of 236 Packet Page Number 188 of 236 Packet Page Number 189 of 236 Packet Page Number 190 of 236 Packet Page Number 191 of 236 Packet Page Number 192 of 236 Packet Page Number 193 of 236 Packet Page Number 194 of 236 Packet Page Number 195 of 236 Packet Page Number 196 of 236 Packet Page Number 197 of 236 Packet Page Number 198 of 236 Packet Page Number 199 of 236 Packet Page Number 200 of 236 Packet Page Number 201 of 236 Packet Page Number 202 of 236 Packet Page Number 203 of 236 Packet Page Number 204 of 236 Packet Page Number 205 of 236 Packet Page Number 206 of 236 Packet Page Number 207 of 236 Attachment 3 Packet Page Number 208 of 236 Packet Page Number 209 of 236 Packet Page Number 210 of 236 Packet Page Number 211 of 236 Packet Page Number 212 of 236 Packet Page Number 213 of 236 Packet Page Number 214 of 236 Packet Page Number 215 of 236 Packet Page Number 216 of 236 Packet Page Number 217 of 236 Packet Page Number 218 of 236 Packet Page Number 219 of 236 Packet Page Number 220 of 236 Packet Page Number 221 of 236 Packet Page Number 222 of 236 Packet Page Number 223 of 236 Packet Page Number 224 of 236 Packet Page Number 225 of 236 Packet Page Number 226 of 236 Packet Page Number 227 of 236 Packet Page Number 228 of 236 Packet Page Number 229 of 236 Packet Page Number 230 of 236 Packet Page Number 231 of 236 Packet Page Number 232 of 236 Packet Page Number 233 of 236 Packet Page Number 234 of 236 Packet Page Number 235 of 236 AGENDA NO. L1 AGENDA REPORT TO: James Antonen, City Manager FROM: Charles Ahl, Assistant City Manager SUBJECT: Notice of Cancellation of March 4th Council Workshop DATE: February 6, 2013 SUMMARY Currently, staff does not have any time sensitive matters that would call for the need of a Council Manager Workshop on Monday March 4th. Because of this, staff recommends canceling the March 4th, 2013 Council Manager Workshop. The next workshop and regular meeting is scheduled for Monday, March 11, 2013. RECOMMENDATION Staff recommends the cancellation of the Council Manager Workshop on March 4th, 2013 Packet Page Number 236 of 236