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2004 04-12 City Council Packet
CounciUNlanager Workshop 6: 00 p. m. AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 12, 2004 Council Chambers, Municipal Building Meeting No. 04-08 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from Council/Nlanager Workshop from March 22, 2004 2. Minutes from the City Council Meeting from March 22, 2004 E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Police Civil Service Commission Appointment G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Budget Change for Audit Fees 3. Revision to Benefit Cafeteria Plan 4. Waterfest Appropriations for 2004 5. Temporary Gambling & Temporary Liquor License -Church of the Presentation of the Blessed Virgin Mary 6. St. Paul East Parks Lions Club -Temporary 3.2 Beer and Temporary Gambling -Ramsey County Fair 7. Approval of Joint Powers Agreement With City of St. Paul for Records Management System 8. Kennard/Frost Area Street Improvements, Project 02-10 -Resolution Directing Modification of Existing Construction Contract, Change Order No. 6 9. Park Planning Budget Transfer H. PUBLIC HEARINGS 1. 7:00 P.M. Carlton Street, Project 03-22 -Assessment Hearing, Resolution for Adoption of Assessment Roll 2. 7:15 P.M. Easement Vacation -Van Dyke Village (Van Dyke Street) 3. 7:30 P.M. Venburg Tire Relocation (Highway 61 North) 1. Conditional Use Permit 2. Setback Variance to R-1 Zoning District 3. Parking Lot Setback Variance 4. Roadway Easement Vacation 5. Sign Setback Variance 4. 8:00 P.M. Legacy Parkway, Project 03-26 -Public Hearing (Repeat Hearing from March 22, 2004), Resolution Ordering Improvement after Public Hearing L AWARD OF BIDS 1. Carlton Street, Project 03-22 -Resolution Receiving Bids and Awarding Construction Contract 2. Venburg/Guldens Frontage Road, Project 04-04 (02-08) -Resolution Receiving Bids and Awarding Construction Contract 3. Nature Center Exhibits J. UNFINISHED BUSINESS Conditional Use Permit Review -Commercial Vehicle Storage (Launderville - 2194 Van Dyke Street) K. NEW BUSINESS 1. Ron Cockriel Presentation 2. City Campus Environmental Land Use Feasibility Plan 3. Tax-Exempt Refinancing Agreement Amendment Request -Carefree Cottages of Maplewood III (1801 Gervais Avenue) 4. Legacy Parkway Improvements, Hazelwood to Kennard, Project 03-26 -Resolutions for: a. Approving Plans and Advertising for Bids b. Ordering Preparation of Assessment Roll 5. County Road D Realignment, T.H. 61 to Southlawn, Project 02-07 -Resolutions for: a. Approving Plans and Advertising for Bids b. Ordering Preparation of Assessment Roll 6. County Road D Realignment, TH 61 to Highridge Court, Project 02-08 -Resolution Approving Memorandum of Agreement and Authorizing Execution of Quit Claim Deed Relinquishing City of Maplewood Interest in Tract of Land Along TH 61, South of County Road D 7. Approval of New and Upgraded Warning Sirens 8. Council Contact Appointments L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS Workshop Calendar O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service 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 O UR 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. DRAFT--MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, March 22, 2004 Maplewood Room, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin C. Koppen, Councilmember Jackie Monahan-Junek Will Rossbach, Councilmember Present Present Present Present Present Others present: C. D. City Manager Fursman City Clerk Guilfoile Human Resources Director Le Peter Fischer, Parks Commissioner Clay Robinson, Police Civil Service Commissioner (arrived at 6:36) Fire Chief Lukin (arrived at 6:37) APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Monahan-Junek Ayes-All NEW BUSINESS 1. Advisory Board Policy City Manager Fursman presented the revisions to the report on commission and board appointment policies. Council made minor revisions and suggestions. The revised policy will be forwarded to the council meeting for approval. 2. South Maplewood Focus Groups Councilmember Rossbach explained his thoughts that the focus group for the south leg of Maplewood will meet four times per year. In the casual meetings the group will discuss current projects going on in the south end of Maplewood and city-wide. The first meeting for 2004 will be scheduled in April. 3. Interview Candidates for Police Civil Service Commission City Council/Manager Workshop Council interviewed Thomas Campbell, an applicant for the Police Civil Service Commission. E. UNFINISHED BUSINESS F. FUTURE TOPICS 1. Sidewalk Study-Overall City Plan G. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 6:59 p.m. Seconded by Councilmember Rossbach Ayes-All City Council/Manager Workshop DRAFT--MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M. Monday, March 22, 2004 Council Chambers, Municipal Building Meeting No. 04-07 A. B. C. D. E. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Boy Scout Troop 46 led the pledge of allegiance. Mayor Cardinal recognized the following resident serving overseas: Sergeant Katherine Neiters, attended Hill Murray High School, Army Reserves in Iraq ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the City CounciUManager Workshop-March 08, 2004 Councilmember Juenemann moved to approve the minutes from the March 08, 2004 City Council/Manager workshop as amended. Seconded by Councilmember Rossbach Ayes-All 2. Minutes from the City CounciUManager Workshop-March 08, 2004 Councilmember Rossbach moved to approve the minutes from the March 08, 2004 City Council/Mana,~er workshop as amended. Seconded by Councilmember Juenemann Ayes-All APPROVAL OF AGENDA Nl. 800 MHz Ml. Report on 800 MHz from Councilmember Juenemann M2. South Leg Focus Group Councilmember Monahan-Junek moved to approve the agenda as amended. City Counci103-22-04 Seconded by Councilmember Juenemann F. APPOINTMENTS/PRESENTATIONS None G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 337.51 Checks # 63305 thru # 63306 dated 3/01/04 thru 3/03/04 $ 178,603.36 Checks # 63307 thru #63359 dated 3/09/04 Ayes-All $ 345,428.98 Disbursements via debits to checking account dated 2/27/04 thru 3/04/04 $ 2,461.53 Checks # 63360 thru # 63361 dated 3/08/04 thru 3/10/04 $ 195,030.31 Checks # 63362 thru # 63419 dated 3/16/04 $ 182,082.57 Disbursements via debits to checking account dated 03/05/04 thru 03/12/04 $ 903,944.26 Total Accounts Payable PAYROLL $ 431,247.72 Payroll Checks and Direct Deposits dated 3/12/04 $ 6,050.20 Payroll Deduction check # 96912 thru # 96916 dated 3/12/04 $ 437,297.92 Total Payroll $ 1,341,242.18 GRAND TOTAL City Counci103-22-04 2 2. Assistant Building Official Pay Approved adopting the 2004 salary range of $50,604 to $64,677 per year for the position of Assistant Building Official effective at the beginning of the first pay period after approval from the Bureau of Mediation Services of the petition to reassign this position to non-union. Lawful Gambling Resolution -National Investor Relations Institute (NIRI) Adopted the following resolution approving the temporary gambling license for Julia Samsal representing NIRI to be used at Keller Golf Course on May 18~ from 12:00 noon to 9:00 p.m.: RESOLUTION 04-03-053 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the of temporary permit for lawful gambling is approved for the National Investor Relations Institute (NIR~, 8020 Towers Crescent Drive, Vienna, Virginia. 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 Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 4. Budget Changes for Fire State Aid Approved the appropriate 2003 and 2004 budget adjustments to reflect a new accounting requirement regarding Fire State Aid. 5. Police Department Interview Room Audio-Visual Recording System Approved the purchase of a DVD-based audio-visual recording system for the Police Department's interview rooms. 6. Dial Tone Agreement Renewal with McLeodUSA Approved the McLeodUSA dial tone service agreement for $1,596.31 per month (or $19,155.72 per year) for a period of three years. City Counci103-22-04 7. Carlton Street Improvements, Project 03-22 -Resolution for No Parking Restriction Adopted the following resolution approving No Parking restrictions on Carlton Street from Conway Avenue to Minnehaha Avenue: RESOLUTION 04-03-063 NO PARHING RESTRICTION CARLTON STREET IMPROVEMENT, PROJECT 03-22 S.A.P. 138-105-01 WHEREAS, the City of Maplewood has approved the plans for the construction of Carlton Street from Conway Avenue to Minnehaha Avenue. WHEREAS, the city will be expending Municipal State Aid (MSA Project 138-105-O1) funds on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum State Aid width standard with unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on both the east and the west side of Carlton Street from Conway Avenue to Minnehaha Avenue. New Title -Firefighter-Paramedic Wages Adopted the 2004 compensation plan for the non-union class ofFirefighter-Paramedic. 9. Conditional Use Permit Review -Over-sized Accessory Building (2776 Keller Parkway) Agreed to review the conditional use permit for Ronald Brown at 2776 Keller Parkway again in the future only if a problem arises. Councilmember Koppen moved to approve the consent agenda items as presented. Seconded by Councilmember Juenemann Ayes-All H. PUBLIC HEARINGS 7:00 p.m. Legacy Parkway Improvements, Hazelwood to Kennard, City Project 03-26 City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. City Counci103-22-04 Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Gerald Peterson, 3060 Hazelwood Street, Maplewood George Supan, 3050 Hazelwood, Maplewood Tom Germander, 3004 Hazelwood, Attorney representing Homeowners George Supan, second appearance Tom Germander, second appearance d. Mayor Cardinal closed the public hearing. Mayor Cardinal moved to table the item due to lack of notice to the homeowners. Motion failed for lack of a second. Councilmember Koppen moved to adopt the following resolution authorizing the preparation of plans and specifications and acquisition of right of way for the Legacy Parkway Improvements, Hose II (Hazelwood Street to Kennard Street), Project 03-26 and approving a modification to the existing project bud,~et with an increase of $1,115,000: RESOLUTION 04-03-054 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ACQUISITION OF RIGHT OF WAY WHEREAS, pursuant to resolution of the council adopted January 12, 2004, a report has been prepared under the direction of the city engineer with reference to the improvement of Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and this report was received by the council on February 23, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, a resolution of the city council adopted the 23rd day of February 2004, fixed a date for a council hearing on the proposed street improvements for Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 22, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Legacy Parkway between Hazelwood and Kennard, City Project 03-26. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 22nd day of March 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. City Counci103-22-04 4. The city engineer is authorized to acquire the necessary right of way and easements for the making of these improvements by direct negotiations. 5. The finance director is hereby authorized to make the financial transfers necessary to increase the financing plan for the project by the amounts detailed in the preliminary report. An increase in the project budget by $l,l 15,500 for Phase II would result in a total project budget of $$2,468,350. The revised financing plans is as follows: Phase I Phase II Total Assessments $1,080,920 $688,130 $1,769,050 City General Tax Levy $ 271,930 $413,570 $685,500 SPRWS Funds $0 $13,800 $13,800 TOTAL $1,352,850 $1,115,500 $2,468,350 Seconded by Councilmember Rossbach Ayes-All I. AWARD OF BIDS None J. K. UNFINISHED BUSINESS 1. 800 MHz Appointment Councilmember Rossbach moved to table this item until the next counciUmanager workshop on April 5, 2004. Seconded by Mayor Cardinal Ayes-All NEW BUSINESS 1. Cable Commission Representative--No Report a. City Manager Fursman presented the staff report. b. Kim Facile, the Cable Commission Representative, presented a brief report on the Cable Commission. 2. Kennard Street Landscape Improvements, Project 03-04 -Resolution for Approval of Plans and Ad for Bids a. City Manager Fursman presented the staff report. b. Veronica Anderson, Landscape Architect with SEH, presented specifics from the report. City Counci103-22-04 6 Councilmember Koppen moved to adopt the following resolution a~roving the plans and Street Landscape Improvements (Beam to County Road D), City Project 03-04: RESOLUTION 04-03-055 APPROVING PLANS AND SPECIFICATIONS AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, a resolution of the city council adopted the 14th day of July 2003 ordered the proposed street improvements for Kennard Street (Beam to County Road D), City Project 03-04; AND WHEREAS, pursuant to resolution passed by the city council on July 14, 2003, plans and specifications for Kennard Street Landscape Improvements (County Road D to Beam Ave.), City Project 03-04, have been prepared under the direction of the city engineer, who has presented such plans and specifications to the council for approval, AND WHEREAS, this resolution authorizes the city clerk and city engineer to receive bids for the making of these improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered at 10:00 a.m. on the 16th day of April, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 22, 2004. Seconded by Councilmember Juenemann Ayes-All 3. Legacy Parkway, Hazelwood to Kennard, Project 03-26, Resolution Approving Purchase Agreements for 3056 Hazelwood and 3062 Hazelwood as part of Right of Way Acquisition City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution a~roving the purchase City Counci103-22-04 agreements for 3056 Hazelwood Street with Silas and Jacqueline Gates and for 3062 Hazelwood with Daniel and Michele Gebhard and establishes a funding mechanism for the Legacy Parkway Improvement Project, City Project 03-26: RESOLUTION 04-03-057 APPROVING PURCHASE AND LEASE AGREEMENTS for 3056 HAZELWOOD AND 3062 HAZELWOOD and ESTABLISHING A FUNDING MECHANISM WHEREAS, a resolution of the city council adopted the 22nd day of March 2004, ordered the proposed street improvements for Legacy Parkway (Hazelwood to Kennard), City Project 03-26; AND WHEREAS, pursuant to resolution passed by the city council on May 12, 2003, approving the AUAR for the Legacy Village Development identified the possible acquisition and relocation of properties adjacent and abutting Hazelwood Street on the western edge of the Legacy Village Development, AND WHEREAS, this city council directed the city engineer to negotiate purchase agreements with said properties adjacent to Hazelwood Street, AND WHEREAS, the city engineer has presented a purchase agreement with Silas and Jacqueline Gates for the purchase of 3056 Hazelwood Street in the amount of $335,000 plus additional expenses for easements and relocation, AND WHEREAS, the city engineer has presented a purchase agreement with Daniel and Michele Gebhard for the purchase of 3062 Hazelwood Street in the amount of $265,000 plus additional expenses for easements and relocation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The purchase agreement with Silas and Jacqueline Gates for the purchase of 3056 Hazelwood Street in the amount of $335,000 plus additional expenses for easements and relocation, a copy of which is attached hereto and made a part hereof, is hereby approved. 2. The purchase agreement with Daniel and Michele Gebhard for the purchase of 3062 Hazelwood Street in the amount of $265,000 plus additional expenses for easements and relocation, a copy of which is attached hereto and made of part hereof, is hereby approved. 3. The finance director is hereby authorized to establish a budget of $800,000 for the purpose of purchasing said properties with proceeds from the tax abatement bonds that will be supported by the development of the Legacy Village development and the redevelopment of said parcels. Seconded by Councilmember Juenemann Ayes-All 4. Community Center Staffing Change City Manager Fursman presented the staff report. City Counci103-22-04 b. Human Resource Director Le presented specifics from the report. Councilmember Juenemann moved to change the Membership Billing Technician from apart- time (36 hours per week position to a fulltime (40 hours per week position. Seconded by Councilmember Koppen Ayes-All Hazelwood/County Road C Area Streets, Project 03-18 -Resolutions to: a. Approve Plans and Ad for Bids b. Order Assessment Roll c. Order Assessment Hearing City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions for the Hazelwood/County Road C area street improvements, City Project 03-18 Approving Plans and Advertising for Bids, Ordering the Preparation of the Assessment Roll, and Ordering the Assessment Hearing_ RESOLUTION 04-03-058 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on November 10~, 2003, plans and specifications for Hazelwood/County Road C Area Street Improvements, City Project 03-18 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval and; WHEREAS, the design widths of Viking Drive and Hazelwood Street warrant parking restrictions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The following parking restrictions shall apply to the reconstructed streets: a. Viking Drive from Barclay Street to Germain Street shall be posted as parking on one side (south) only. b. Hazelwood Street from Gervais Avenue to TH36 shall be posted as no parking on both the east and west sides of the street. 3. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 2:00 p.m. on the 16~ day of April, 2004 at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. City Counci103-22-04 4. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 26~', 2004. RESOLUTION 04-03-059 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for Hazelwood/County Road C Area Street Improvements, City Project 03-18; 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. RESOLUTION 04-06-060 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood/County Road C Area Street Improvements, City Project 03-18, and the said assessment roll is on file in the office of the city engineer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 26~ day of April, 2004 at the city hall at 7:00 p.m. or later to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. Seconded by Councilmember Juenemann Ayes-All 6. Kennard Street Improvements, Project 03-04 -Resolution for Modification of Existing Construction Contract, (Change Order No. 3) City Manager Fursman presented the staff report. City Counci103-22-04 10 b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution for change order No. 3 in the amount of $34,249.53 with Forest Lake Contractin,~ for Kennard Street, Project 03-04: RESOLUTION 04-03-061 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-04, Kennard Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-04, Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 3 in the amount of $34,294.53. The revised contract amount is $1,245,680.80. No revisions to the project budget are proposed at this time, as these changes fall within the original project budget. Seconded by Councilmember Monahan-Junek Ayes-All 7. English Street Improvements, Project 01-14 -Resolutions for Acceptance of Project City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following approving the resolution for Acceptance of Proj ect for the English Street improvements, City Project O l -14 and the Gladstone Park Development, Project 01-23 and authorized the finance director to make the necessary financial transfers as noted in the revised financing plan: RESOLUTION 04-03-061 ACCEPTANCE OF PROJECT AND MODIFICATION OF PROJECT BUDGET WHEREAS, the city engineer for the City of Maplewood has determined that the English Street roadway and utility improvement, City Project 01-14 and the Gladstone Park Development, City Project 01-23, are complete and recommends acceptance of the project, and WHEREAS, the project budget must be modified as noted in the revised financing plan due to short falls in other project funding sources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Counci103-22-04 11 1. City Projects O l -14 and O l -23 are complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. 2. The finance director is authorized to make the necessary financial transfers as noted in the revised financing plan. Below is the revised final budget for project 01-14: Fundin,~ Source Ori,~inal Budget Revised Budget State Aid: $1,288,130 $1,159,818 Assessments: $371,670 $371,670 Sewer Utility Fund $39,350 $39,350 RAMCO $95,050 $69,624 SPRWS $0 X10,815 General Tax Levy: $0 $30,000 Private Driveways $0 $10,815 Total: $1,794,200 $1,731,546 Below is the revised final budget for prof ect O l -23: Funding Source Park Development Fund: Ori,~inal Budget Revised Budget $232,330 X232,000 Note: $150,000 in construction costs should be transferred from project 01-14 and be attributed to expenditures in project O l -23. Seconded by Councilmember Juenemann Ayes-All 8. Advisory Board Policy a. City Manager Fursman presented the staff report and provided specifics. Councilmember Monahan-Junek moved to a~rove the changes to the Advisory Board Polio Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Councilmember Koppen L. VISITOR PRESENTATIONS None City Counci103-22-04 12 M. COUNCIL PRESENTATIONS 1. 800 MHz-Councilmember Juenemann provided a brief update on the 800 MHz Committee Meeting. 2. South Leg Focus Group-Councilmember Rossbach encouraged residents to participate in the south Maplewood Focus Group with the first initial meeting being held in early April. N. ADMINISTRATIVE PRESENTATIONS 800MHz-Chief Lukin gave the council several options that they will have to vote on for the 800 MHz system and asked council for input. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meetin,~ at 8:47 p.m. Seconded by Councilmember Koppen Ayes -All City Counci103-22-04 13 ~~ ~' 13 2004 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME ~~ ~~~~~~ ~,~ ADDRESS ~~o~ ~ ~r/irr~i~/~ ~~~-~o~L~ . /~.~I, ~s/Oq PHONE NO. Work: Home: , DATE p.,~ 1) How long have you lived in the City of Maplewood? ~~^~d~ ~ ~-$~ ~' ~-/- ~~ ~~, 2) Will other commitments make regular attendance at rr~eetings difficult? Yes ~ No Comments: 3) On which Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission _~1'olice Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? 5) List other organizations or clubs in the Community in which you have been or are an active participant: ~~ ~~ 6) Why would you like to serve on this Board or Commission? "Y%'1~~~iQil"~L/ T// v ~/f'7~ ADDITIONAL COMMENTS: THE INFORMATION CONTAINED /N THIS APPL/CAT/ON SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS. Return or mail this application to: City of Maplewood, 1830 County Road B East, Maplewood, MN 55109 S:\CTY MGR\BOAROS AND COMMISSIONS APPLICATION.doc 11/05/03 POLICE CIVIL SERVICE COMMISSION Training and Experience Questionnaire January 2004 Name: The Maplewood Police Civil Service Commission is athree-member unpaid Commission that oversees and approves job descriptions and hiring processes for all sworn officers -including approval or rejection of candidates based on background investigation reports. The backgrounds are done by Police Department staff. They also have a quasi judicial function in that sworn officers can appeal disciplinary suspensions, discharges and reductions in rank to the Commission and the Commission has the authority to overrule the City's action, to reinstate employees and to order back pay. The Commission would also act as a Veteran's Review Panel if a Veteran requested a hearing after receiving notice from the City that they are being removed from their position. There have been three hearing of this nature in the past seven years. The majority of the work involves overseeing the hiring process. The Commissioners are normally appointed to three-year terms by the City Council and volunteer their services as interested residents. The City has afull-time Human Resource Director who handles most of the hiring process and serves as a staff liaison for the Commission. The Commission decides which of several types of tests to use for sworn positions, the weighting of the exam components, and the minimum qualifications. They also certify names to the City Manager from eligibility lists. They may oversee test administration or an individual Commissioner may act as a panel member on a structured panel interview (oral exam) of candidates. They may review applications for upper level positions and rank candidates but usually limit their oversight to establishment of the process and weighting. Most Commission meetings are held either at 8:30 a.m. or 5:00, 5:30 or 6 p.m, on weekdays. There are no set meeting dates except for the first Monday in February for election of officers. Otherwise they meet as often as needed. Meetings can last from 20 minutes to three hours, averaging 1 to 1'/z hours. When a hearing is needed, it is usually held on a weekday during the day for as many days as needed. The Police Civil Service Commission is not a civilian review board. They do not take complaints from the public nor do they review or conduct internal investigations. They do not direct or oversee police operations nor do the have input into the Police Department budget. They have no involvement in compensation or benefits for the officers. Based on the number of interested candidates and the responsibilities described above, we are asking each candidate to complete the short questionnaire that follows. Please complete and return the questionnaire by January 31, 2004. The Police Civil Service Commission will then review your responses and will interview all candidates and make recommendations to the City Council. The City Council will normally also conduct interviews. If we do not receive your completed questionnaire by the deadline, we will assume you are either no longer interested or are unable to meet the expectations for the appointment. We appreciate your time and interest. For each question listed below, please include approximate dates you completed the training or experience, as well as the name of an individual who can verify this information. Question 1. Describe any training or experience you have establishing qualifications or exam processes for jobs of any kind. Please note if this experience or training was with law enforcement positions in particular. X3/1? ~~7~i~*~~.. ~i~~ 9` ~ ~ ~ .~ r' ~~~ i~`~y~'% i ~ ~~ ~ Question 2. Describe any training or experience you have reviewing documents, taking testimony and evaluating disciplinary actions taken in an employment setting. G~'/1L i r~L,~ y~~ may, i~~%~"~ Question 3. Describe any training or experience you have managing or chairing public meetings. F ~~G~~~ /f Question 4. Describe any experience you have as an objective third party in reviewing and making determinations on disputed claims. a ~~G~~~ ~~~ CX~ ~ ~~~ c~~~ G~~ i~~~ l~~ ~ G~ / E ~i~ Question 5. Now that you know more about the commission, describe why are you interested in being a member. f~ Q~ ~ ~~,~ ~~ Question 6. Will you be able to attend most of the scheduled meetings? (We normally provide 10 days notice except for emergency meetings.) Yes No ~~ Explain. ~~e ~~ ~`~ ~~=~~ ~~ ~ s~,~ ~o ~ o,e i o~ NAME ADDRESS PHONE NO. Work: 1) How long have you lived in the City of Maplewood? 2 Will other commitments make regular attendance at meetings difficult? Yes No .~ Comments: 3) On which Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission Police Civil Service Commission 4) Do you have any specific areas of}'nterest within t~iis Board's or Commission's scope of responsibilities? Q VG~~ ~ Itiv~t ! t1~G5~ 1.,.v -I'1~c„ Y~~G1'~'.S ~G~ P~ vice (,olntiwti~4~ ~ . T ~~ ~~~~~~tions or club the Community in which you ha e be nor e'an acti e articipant: 5 List other or a~Iiza ) ood ~' ~ Covr-ntii ss~ av~ ~1,n~ Wo w~Lt^ ~~~~ ~P~ ~~ ~~ k~oc, a~r~ ~~^~ ~ u1,N, S~t~C $~/ ~ h L~ ~ rGwN~~ ~oln~f ~.w~ o f Cs v~ lc aM Ovtrsn ~f ~ ~ () Why wou d you like to serve on this Board orb ~ o `sis~o~ ~ipM~~`~,,, ,~ ~/ ~ J ~~ a~ ~ r~~ VG ro~G~. ~v r-~P ~< < ~~cc- cow~un Y'c.la.-h o~.s C~t~, hr~~ hc.r ~n t~,~pt~ s~~.e.~l ~DITIONAL COMMENT ~~ ~{-~iCGVS w~to If~~GS~-~ ~'~.C. Gook rrlwwti ~ fi'~'Mn.o~!-off i~ kn~skd ~ ~ Vv~cv~-fxi ~ (ti 'Pre~~,+ a.~ ~U.t,~ k ~vi,n roGt SS~,S. ~~ ~~ `~ ~ THE /NFORMAT-ON CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS. Return or mail this application to: City of Maplewood, 1830 County Road B East, Maplewood, MN 55109 Z357o CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM ~-~,G~I, l ~~ - ~~; ~t S ~o r (~~.~- T~acc. ~ ~o~ d IVI~t ,5s ~ ~ ~ Home: _ DATE I ' 1 ~"' ~ 1~ 11/05/03 S:\CTY MGR\BOARDS AND COMMISSIONS APPLICATION.doc POLICE CIVIL SERVICE COMMISSION Training and Experience Questionnaire January 2004 Name: ~~(/1~ ~ ~~-' The Maplewood Police Civil Service Commission is athree-member unpaid Commission that oversees and approves job descriptions and hiring processes for all sworn officers -including approval or rejection of candidates based on background investigation reports. The backgrounds are done by Police Department staff. They also have a quasi judicial function in that sworn officers can appeal disciplinary suspensions, discharges and reductions in rank to the Commission and the Commission has the authority to overrule the City's action, to reinstate employees and to order back pay. The Commission would also act as a Veteran's Review Panel if a Veteran requested a hearing after receiving notice from the City that they are being removed from their position. There have been three hearing of this nature in the past seven years. The majority of the work involves overseeing the hiring process. The Commissioners are normally appointed to three-year terms by the City Council and volunteer their services as interested residents. The City has afull-time Human Resource Director who handles most of the hiring process and serves as a staff liaison for the Commission. The Commission decides which of several types of tests to use for sworn positions, the weighting of the exam components, and the minimum qualifications. They also certify names to the City Manager from eligibility lists. They may oversee test administration or an individual Commissioner may act as a panel member on a structured panel interview (oral exam) of candidates. They may review applications for upper level positions and rank candidates but usually limit their oversight to establishment of the process and weighting. Most Commission meetings are held either at 8:30 a.m. or 5:00, 5:30 or 6 p.m. on weekdays. There are no set meeting dates except for the first Monday in February for election of officers. Otherwise they meet as often as needed. Meetings can last from 20 minutes to three hours, averaging 1 to 1'/z hours. When a hearing is needed, it is usually held on a weekday during the day for as many days as needed. The Police Civil Service Commission is not a civilian review board. They do not take complaints from the public nor do they review or conduct internal investigations. They do not director oversee police operations nor do the have input into the Police Department budget. They have no involvement in compensation or benefits for the officers. Based on the number of interested candidates and the responsibilities described above, we are asking each candidate to complete the short questionnaire that follows. Please complete and return the questionnaire by January 31, 2004. The Police Civil Service Commission will then review your responses and will interview all candidates and make recommendations to the City Council. The City Council will normally also conduct interviews. If we do not receive your completed questionnaire by the deadline, we will assume you are either no longer interested or are unable to meet the expectations for the appointment. We appreciate your time and interest. For each question listed below, please include approximate dates you completed the training or experience, as well as the name of an individual who can verify this information. Question 1. Describe any training or experience you have establishing qualifications or exam processes for jobs of any kind. Please note if this experience or training was with law enforcement positions in particular. Question 2. Describe any training or experience you have reviewing documents, taking testimony and evaluating disciplinary actions taken in an employment setting. Question 3. Describe any training or experience you have managing or chairing public meetings. Question 4. Describe any experience you have as an objective third party in reviewing and making determinations on disputed claims. OVER -~ Question 5. Now that you know more about the commission, describe why are you interested in being a member. Question 6. Will you be able to attend most of the scheduled meetings? (We normally provide 10 days notice except for emergency meetings.) Yes No Explain. Signed: Date: ~ Police Civil Service Commission Training and Experience Questionnaire January 2004 Name: Barbara Damchik-Dykes 1. My experience establishing qualifications and exam processes has been for investigator positions within the Minneapolis Civilian Police Review Authority and the Minneapolis Department of Civil Rights. Additionally, I have participated as an observer in the federal mediation process between the Minneapolis Police Department and the community where police hiring and qualifications were often the subject of much discussion. For the positions that I currently manage, I was responsible for establishing the qualifications and exams as well as hiring. Ongoing. This information can be verified by Vanne Owens-Hayes, Director of the Minneapolis Department of Civil Rights. 2. As Attorney Manager of the Minneapolis Civilian Police Review Authority I have daily experience reviewing investigations of allegations of police misconduct which includes the collections of evidence, documents, police, witness, and complainant statements. I also have similar experience in managing the Minneapolis Civil Rights Complaint Investigation unit which is the City's corrollary to EEOC and State Human Rights processes. My training is as a lawyer and also as a manager for the City. The cases I prepare are with an eye toward arbitration. Ongoing. This information can be verified by Vanne Owens-Hayes, Director of the Minneapolis Department of Civil Rights. 3. I have managed the board meetings of the Minneapolis Civilian Police Review.' My job also requires me to manage and facilitate public hearings as part of the rule making process. Additionally, I serve on several boards and commissions that use Roberts Rules of Order. I am knowledgeable about the Open Meeting Law and fairly well-versed in the Minnesota Government Data Practices Act as it applies to government employees and personnel data. While I have substituted for the chair, I have not served in the position of chair but feel confident I would adequately fill that role if called upon to do so. Ongoing. This information can be verified by Vanne Owens-Hayes, Director of the Minneapolis Department of Civil Rights. 4. My position requires that I recommend to the Board (a quasi judicial review board) to either sustain or not sustain an allegation of police misconduct by reviewing findings of fact which are supported by evidence. My position requires that 1 be a neutral fact-finder in order to assist those who adjudicate and make recommendations to the Chief regarding discipline. Ongoing. This information can be verified by Vanne Owens-Hayes, Director of the Minneapolis Department of Civil Rights. 5. As a resident of Maplewood, I have a vested interest and responsibility in maintaining a high level of police-community relations. My experience in my position with the Minneapolis Civilian Police Review Authority has led me to believe that the most effective and efficient way to employ a professional police force is through a hiring process that selects those individuals with the most likelihood of success. The profession of policing is one of the most difficult occupations that one can undertake. I am interested in assisting in bringing in officers to the force that reflect the community standard with the highest level of service and dedication to that sworn position. Because the City of Maplewood holds it force to a high level of professionalism and accountability it behooves us to employ a police force with the highest of selection standards. Officers are often forced to make split-second decisions with the potential for life-changing consequences and thus, those officers must have a high level of integrity to police with consistency, equality and fairness. I would like to be part of the group that maintains that level of integrity and accountability in policing for the City of Maplewood. 6. Yes, I will be able to attend the scheduled meetings. My schedule is fairly flexible and I can be available for day or evening meetings. .~~,r" 7 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM r NAME ~~ ~ ADDRESS _~., `~~.7 a C.,_~ ads` S~ ~~- PHONE NO. Work: Home: DATE 1) How long have you lived in the City of Maplewood? .~ y eAes 2) Will other commitments make regular attendance at meetings difficult? Yes No Comments: 3) On which Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission ~- Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? 5) List other organizations or clubs in the Community in which you have been or are an active participant: 6) Why would you like to serve on this oard or Commission? ~ ~~-:`R-~c~- ~c~:c~ ~~~ ~` ~'" ~ ~~-:~;~-y ~~~ cZ:~' ~ `~ . ~: t~~ mac. ~ ~ ~~U~?~\ ~~~ ~ z. ~~ '~ ~~~~~ . rte- ~~~~ -~,-' ~ ~ , ~~~ Q.v S r"~ `1\0 ,, ~ ~ ~ ` ~ ~-~ y-v (Z Ci~tv~+z T ~ ~4-~ ~L ~ . N L~ v )~ 1 ~ L."~-~ L,.,. ~~Sl ~::Q1M-~l ~`t • mil(,. ADDITIONAL COMMENTS: THE INFORMATION CONTAINED /N THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS. Return or mail this application to: City of Maplewood, 1830 County Road B East, Maplewood, MN 55109 S:\CTY_MGR\BOARDS AND COMMISSIONS APPLICATION.doc 1 I /05/03 v; :~A J U Lw~'r POLICE CIVIL SERVICE COMMISSION f' ~ ;~ .;~ Training and Experience Questionnaire January 2004 Name: ~ `c~~~~s ~~~~ ~~~ The Maplewood Police Civil Service Commission is athree-member unpaid Commission that oversees and approves job descriptions and hiring processes for all sworn officers -including approval or rejection of candidates based on background investigation reports. The backgrounds are done by Police Department staff. They also have aquasi-judicial function in that sworn officers can appeal disciplinary suspensions, discharges and reductions in rank to the Commission and the Commission has the authority to overrule the City's action, to reinstate employees and to order back pay. The Commission would also act as a Veteran's Review Panel if a Veteran requested a hearing after receiving notice from the City that they are being removed from their position. There have been i-e three hearing of this nature in the past seven years. The majority of the work involves overseeing the hiring process. The Commissioners are normally appointed to three-year terms by the City Council and volunteer their services as interested residents. The City has afull-time Human Resource Director who handles most of the hiring process and serves as a staff liaison for the Commission. The Commission decides which of several types of tests to use for sworn positions, the weighting of the exam components, and the minimum qualifications. They also certify names to the City Manager from eligibility lists. They may oversee test administration or an individual Commissioner may act as a panel member on a structured panel interview (oral exam) of candidates. They may review applications for upper level positions and rank candidates but usually limit their oversight to establishment of the process and weighting. Most Commission meetings are held either at 8:30 a.m. or 5:00, 5:30 or 6 p.m. on weekdays. There are no set meeting dates except for the first Monday in February for election of officers. Otherwise they meet as often as needed. Meetings can last from 20 minutes to three hours, averaging 1 to 1'/2 hours.- When a hearing is needed, it is usually held on a weekday during the day for as many days as needed. The Police Civil Service Commission is not a civilian review board. They do not take complaints from the public nor do they review or conduct internal investigations. They do not direct or oversee police operations nor do the have input into the Police Department budget. They have no involvement in compensation or benefits for the officers. Based on the number of interested candidates and the responsibilities described above, we are asking each candidate to complete the short questionnaire that follows. Please complete and return the questionnaire by January 31, 2004. The Police Civil Service Commission will then review your responses and will interview all candidates and make recommendations to the City Council. The City Council will normally also conduct interviews. If we do not receive your completed questionnaire by the deadline, we will assume you are either no longer interested or are unable to meet the expectations for the appointment. We appreciate your time and interest. For each question listed below, please include approximate dates you completed the training or experience, as well as the name of an individual who can verify this information. Question 1. Describe any training or experience you have establishing qualifications or exam processes for jobs of any kind. Please note if this experience or training a with law enforcement ositi ns in articular. ~ ~ - ~ >c~~~ ~~; ~~~~~ -~-:~~~~: r~ car~c~ e~s_e~`~~=mss ~ ° Nw~zQ(JA~:or1~\ ~~'e~cu.~~ S~-~.~-~z, C.c,u ~-y T ~ ~\ \o caa\ ~~~ L r~~~~C~+~x~ c~~ C.c ~S O ~u S~~ ch '~e c5 iaS ~ ~~\~ Ls~ G~n~= N~ `kl'L~ • N ~~Y,- v v.sS`c~ 1 ~,o`_ 'A[~ ~\Q~o~ n'~r~or~SJ 1\\~ ~ '~S '.~~~~~~~~~*~~ ~S ~~h\ C2'.~~ a ~s~r~~~~r~.~n~.~y ~~~\.c..~ \\ c~ \ \ • ~ ~_~ °-~`~ ~~~~f Al N.c~..~w~ . ~ ~~-o N~4>5~4., ~2~ . ~ hAV.SC S1\So ti ~~c.s ~1~~`S~ L1P.~ p`nSSCf V~V-~~HS c~ ~"~1a~,`tiC'~~~ S `Yt ~ N ~ C~\\ \C~'~l.Qt-\ v~ ~ c~.~1> 1 ~C ~GU ~S A S ~~ \\ ~ s M~ N .` ~ mcM,. n~ ~ ~ ~ Qv~• ~S ~ ~. ~ ("~ ~ },~ ~Z.e°~- ~ o ~.t 5 . ~\" ~ 5 ~" A. S ew ~vt c~ QCs: ,cam ~~~ 1 ~ .:~~ a O e\ ks . ~~, ~s Question 2. Describe any training or experience you have reviewing documents, taking testimony and evaluating disciplinary actions to en in an emplo ment ettin ~~~ ~ ~nw ~ Eac~ cr:z r`b~ o,~S ~=to • ~~ ~ . ' ,~: o !~t-~ * ~ ~ G q,~ ~ ~ K`~-~ 0.y ; ~ ~..l ~ ~ ~~ L~ Qtr"~"u~, @.`~~ZC~Sx ~G1R~ to A C~ N~ ~l ~> `' L~. `~?~~n ~u~-.rtie~~~~~~.MS.~ ~ ~-vet-c 1~~ 5 L~Z. ~ • L.~:~~ ~ ~ = H PAS-~~ys ~ ~ . ~ ~, ~ •~. ~~ ~ ~.~ s~ ~ . ~: ~,.-~ ~~~~ Question ~ Describe any training or experience you have managing or chairin public meetings. ~ ~ ~.~~ ; ~~~ tia~c~ ~~~s ~ a~;~s~ ~~-4.~' ~~~s ~-c. ~ ~~~ ~ ~ c_; :c~.~.~,. ~.~ °~ Question 4. Describe any experience you have as an objective third party in reviewing and making determinations on disputed claims. ~ ~v . ~~ s ~~ ~~ ~ 5 ~ ~,~ RS , ri ~ Aw \ ~\ ~~ E' ~u~ ~~<..~ ~ h.~ ~ `~'A ~ b~tk ~N~~ ,~a+.~ (Z ~ ~~q ~~ ~j~~ Cy (L C t'~ ~l ~ 1-x-2 Q~~-` cs its 1 n~~~-~~C~~ ~~h'ZC.~~'LS G-~'~-~Cs~ ~) ~~v~~ C~' zh~c ~QS.~S ~t,'O~S~`T ~~.'l`'`s~ ~~~.~-st ~J~-ucLtsL.~ A~`+ c`~~~i~~ c`~M,~.acL ar~ ~~c2_\``~c S;`~1~\ C2;~~>>s~ \~~C~~ ~-hc~ M ~_\~ M ~ ~~ ~~~ ~~ ~~~ S.sL CQ• M-l , \ ~ ,N ~_c~\\~q (: c: ~~c cLS~I ~ s~ M ~t c1•>, ~y ASS , c' ~ r~ ~ 1~:~ >~tZ. ~C2es~ N '~ .\.~ ~~~ c°~' •V.~t- `~^~•~~ t~~ci°t~t . r~ ~2si>i~ e~s~ r~ ' A~*c~ C'nA.~~ ~''` ' ~~ ~M ~~~a.`~~ct,~ s :_; ~: ~~S ..~°!-~~ L~ ~~~, 3 ~~~aPt~.~L4~iS ~1-'l`~S tai~~ \[1t>r~ C~c,~.sc SL ~ ~~l Mv,\~~ L~\~ti `~ .~~.A'~.;~%1-u, ~~.c•~~-y C~;~;..~-~~ OVER -> S~~z:~~~~~~~~'~ C..~:c^c~;>r~~ ~ ~u N ~y~N M ~~ , Cam roc:, S~-2• ~-t ~~ ~-csL Question 5. Now that you know more about the commission, describe why are you interested in being a member.. ~ ~~ . ~ ~~-~ ~ ~ (S~ . ~ ~ ~,~,~ . . ~ ~R-~c-~ Bch ~ ~ ~ n~ ~ ~ . ~l e~1 V \\~ c2.~ M ~ c r'~` ~ ,.l`~ e ~ S sec` • ~ ~ ~'~-`-~ Question 6. Will you be able to attend most of the scheduled meetings? (We normally provide 10 days notice except for emergency meetings.) Yes No Explain. SigneC d ~~`~~-~ C~, Date: ~ ' ~~ ~ ~ ~ CITY OF~MAPLEWOOD >,~f,`~~ ~ ~ ~~`~~ BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME ~ ¢- ~ ~ ~ ~.i r ~ ~ ~ l z ADDRESS ~ G1~ ~l ~ ..~ ~ ~ ~ G,-Fc ~.. e..,-~ ~~ ~. s~l ~w-~ ©~, ~ M y S S" t ~ ~1 PHONE NO. Work: _ Home: DATE ~~T1 1) How long have you lived in the City of Maplewood? \ ~ v ~ ~, ~ s 2) Will other commitments make regular attendance at meetings difficult? Yes No ~~ Comments: 3) On which Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission. _~~ Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? 5) List other organizations or clubs in the Community in which you have been or are an active participant: ~j~cv~Il u.S ~~«e ~ce.s~~ ~1e..:--{" c='-F -(~~e, 1~7~..o.vd-(- ~cl~v,..~,~-Ev.^ ~( ~~sSa`~~. ~. ter-- :;~ "~ u~ C ...~-'E ~s ut F--- ~ ~c v. c..l~.^ o-'C S -~ --~ r `E' ....~ ~ ~ ~z. r. t' S . 6) Why would you like to serve on this Board or Commisl~sion? ' ~~ .~ 'CY1 o S --E' p ~ rti'i ~ ~ ` . ~~ ' = ~-, a~ V ¢' v) c., a~F---' Q- l~ ~ ~ S ~ '~-~ ~ rn vJ -¢~4-~ ~~ i' L ~ uv~ ~-~.~ "'r" AS '~"' ~~ ~~n-k4--, c.~- ~} ~ \ ...s t-r"~e-.e., Ce.(~ `l S rit ~ rn c -4' - --~c.,r..~ z, .7-~-~i C~e..(~ ~ c ~S ~(c, v.C S ~ Gt h--G~ M r( ~ r ~ "~'v,.{' i ~ C. v C S err--'~ v..7 o C IF. tT S CJt t--~ ~''- iC ¢.. L...~ "E" ~ V ¢. •7'F ul t~+ o_ ~ c.~ l_, lj J i'w ~ ~ ~ ~ ~ . ~Q ate. ~~.~~-~e,~-~-. ~.v`~- -~.-.~ ~ ~~ --r do r/~ -~ .,-. a.>z. ~~. ~, ~~~..~e_s k ~, ADDITIONAL COMMENTS: (>~ csy`~~ ~n l ~...~-~ ~~~~c ce.r,•,~rF--t c..,~,c ~.t- , -~ ~1~ ~ a, d ~,,;1, f-¢~ C!\ e-- A C¢. S ~ Q-- c;r-It' kl.. c. P -..S~~-~'-, '~ r- `~.. ii .~CL~ --~-"r" !~+ THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS. Return or mail this application to: City of Maplewood, 1830 County Road B East, Maplewood, MN 55109 S:~CTY MGR~BOARDS AND COMMISSIONS APPLICA770N.doc 1I/05/03 POLICE CIVIL SERVICE COMMISSION Training and Experience Questionnaire January 2004 Name: ~`, ,,,Q...~ c- ~. ~~. c 1..1 ~-, ~ l Z The Maplewood Police Civil Service Commission is athree-member unpaid Commission that oversees and approves job descriptions and hiring processes for all sworn officers -including approval or rejection of candidates based on background investigation reports. The backgrounds are done by Police Department staff. They also have aquasi-judicial function in that sworn officers can appeal disciplinary suspensions, discharges and reductions in rank to the Commission and the Commission has the authority to overrule the City's action, to reinstate employees and to order back pay. The Commission would also act as a Veteran's Review Panel if a Veteran requested a hearing after receiving notice from the City that they are being removed from their position. There have been three hearing of this nature in the past seven years. The majority of the work involves overseeing the hiring process. The Commissioners are normally appointed to three-year terms by the City Council and volunteer their services as interested residents. The City has afull-time Human Resource Director who handles most of the hiring process and serves as a staff liaison for the Commission. The Commission. decides which of several types of tests to use for sworn positions, the weighting of the exam components, and the minimum qualifications. They also certify names to the City Manager from eligibility lists. They may oversee test administration or an individual Commissioner may act as a panel member on a structured panel interview (oral exam) of candidates. They may review applications for upper level positions and rank candidates but usually limit their oversight to establishment of the process and weighting. Most Commission meetings are held either at 8:30 a.m. or 5:00, 5:30 or 6 p.m. on weekdays. There are no set meeting dates except for the first Monday in February for election of officers. Otherwise they meet as often as needed. Meetings can last from 20 minutes to three hours, averaging 1 to 1'/2 hours. When a hearing is needed, it is usually held on a weekday during the .day for as .many days as needed. The Police Civii Service Commission is not a civilian review board. They do not take complaints from the public nor do they review or conduct internal investigations. They do not director oversee police operations nor do the have input into the Police Department budget. They have no involvement in compensation or benefits for the officers. Based on the number of interested candidates and the'responsibi~ities described above, we are asking each candidate to complete the short questionnaire that follows. Please complete and return the questionnaire by January 31, 2004. The Police Civil Service Commission will then review your responses and will interview all candidates and make recommendations to the City Council. The City Council will normally also conduct interviews. If we do not receive your completed questionnaire by the deadline, we will assume you .are either no longer interested or are unable to meet the expectations for the appointment. We appreciate your time and interest. For each question listed below, please include approximate dates you completed the training or experience, as well as the name of an individual who can verify this information. Question 7. Describe any training or experience you have establishing qualifications or exam processes for jobs of any kind. Please note if the experience or training was with law enforcement positions in particular. I've been employed by HealthPartners for 19 years. When I was a Systems Application Trainer (six years of experience, left this position two years ago), I developed skills to evaluate individual's performance. This has included establishing testing and exam requirements for those that have been trained by myself, or others. 1 have been in a position to judge the competence of others and make recommendations to their supervisors. I have received training for this position and have attended continuing education classes. Question 2. Describe any training or experiences you have reviewing documents, taking testimony and evaluating actions taken in an employment setting. At HealthPartners, I have developed and assisted supervisors carrying out employee accountability and evaluation processes. In this effort t have met with employees and their supervisors to evaluate individual performance of employees. Overall, I have held responsibility for the development and review of policies and procedures for up to 420 employees. Qu®stion 3. Describe any training or experience you have managing or chairing public meetings. Four years ago I served as the Vice President of the Parent Teacher Association (APT) at Weaver Elementary school, and have been very involved in managing groups of individuals at HealthPartners. I currently chair a 40 person monthly forum for project development that includes the presentation of research and testimony. Over the past 3 months I have facilitated a 10 person Information Technology workgroup that was assessing the need of an over 1 million dollar component to a current system. I have found all of these experiences build upon my skills in this area. Question 4. Describe any experience you have as an objective third party in reviewing and making determinations on disputed claims. As a facilitator in the Information Technology workgroup mentioned in question 3. f was asked to hold this position by the Sr. Manager and skilled workers since I was an objective third party to the project. Based on emotion, the workers believed a component was essential to maintain a system. Following an objective process that I developed, the workgroup collectively determined the component was not needed and felt good about their decision. CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME Marie F. Przynski ~r ADDRESS 1848 Prosperity Road, Maplewood, M-~1 55109-4h1R PHONE NO. Work: H`on~e: 1) How long have you lived in the City of Maplewood? Since 06 / 1991 DATE 01/31/04 2) Will other commitments make regular attendance at meetings difficult? Yes No ~_ Comments: 3) On which Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission ~ Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? I am currently a Lieutenant with the Minneapolis Police Department, and serve as the supervisor/coordinator of the Professional Development Unit. I oversee the Training, Backgrounds, CSO Program, Pre-service (Academy), Recruitment, OSHA and Risk Management functions. 5) MMLNNist other organizations or clubs in the Community in which you have been or are an active participant: Tn~ernat~onalP~ssociat~onbo~ Women Police -Regional Coordinator MN Association of Women Police -member, prior service on Executive Board International Association of Chief's of Police -member 6) Why would you like to serve on this Board or Commission? I have a strong background in this area, and would like to volunteer as a resource in this area for the City of Maplewood. _~-~i ADDITIONAL COMMENTS: THE INFORMATION CONTAINED /N THIS APPLICAT/ON SHALL BE CLASSIF/ED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS. Return or mail this application to: City of Maplewood, 1830 County Road B East, Maplewood, MN 55109 S:\CTY~vIGR\BOARDS AND COMM ISSIONS APPLTCATION.doc 11/05/03 <_, POLICE CIVIL SERVICE COMMISSION Training and Experience Questionnaire January 2004 Name: The Maplewood Police Civil Service Commission is athree-member unpaid Commission that oversees and approves job descriptions and hiring processes for all sworn officers -including approval or rejection of candidates based on background investigation reports. The backgrounds are done by Police Department staff. They also have aquasi-judicial function in that sworn officers can appeal disciplinary suspensions, discharges and reductions in rank to the Commission and the Commission has the authority to overrule the City's action, to reinstate employees and to order back pay. The Commission would also act as a Veteran's Review Panel if a Veteran requested a hearing after receiving notice from the City that they are being removed from their position. There have been three hearing of this nature in the past seven years. The majority of the work involves overseeing the hiring process. The Commissioners are normally appointed to three-year terms by the City Council and volunteer their services as interested residents. The City has afull-time Human Resource Director who handles most of the hiring process and serves as a staff liaison for the Commission. The Commission decides which of several types of tests to use for sworn positions, the weighting of the exam components, and the minimum qualifications. They also certify names to the City Manager from eligibility lists. They may oversee test administration or an individual Commissioner may act as a panel member on a structured panel interview (oral exam) of candidates. They may review applications for upper level positions and rank candidates but usually limit their oversight to establishment of the process and weighting. Most Commission meetings are held either at 8:30 a.m. or 5:00, 5:30 or 6 p.m. on weekdays. There are no set meeting dates except for the first Monday in February for election of officers. Otherwise they meet as often as needed. Meetings can last from 20 minutes to three hours, averaging 1 to 1'h hours. When a hearing is needed, it is usually held on a weekday during the day for as many days as needed. The Police Civil Service Commission is not a civilian review board. They do not take complaints from the public nor do they review or conduct internal investigations. They do not direct or oversee police operations nor do the have input into the Police Department budget. They have no involvement in compensation or benefits for the officers. Based on the number of interested candidates and the responsibilities described above, we are asking each candidate to complete the short questionnaire that follows. Please complete and return the questionnaire by January 31, 2004. The Police Civil Service Commission will then review your responses and will interview all candidates and make recommendations to the City Council. The City Council will normally also conduct interviews. If we do not receive your completed questionnaire by the deadline, we will assume you are either no longer interested or are unable to meet the expectations for the appointment. We appreciate your time and interest. For each question listed below, please include approximate dates you completed the training or experience, as well as the name of an individual who can verify this information. Question 1: Describe any training or experience you have establishing qualifications or exam processes for jobs of any kind. Please note if this experience or training was with law enforcement positions in particular. Currently I am the Director of the Professional Development Unit of the Minneapolis Police Department. I oversee both the Recruitment and Background sections, and liaison with the Minneapolis Department(s) of Human Resources and Risk Management. Recently, I participated in the review, and updating of the core components of police officer functions. I sit on the Administrative committee that evaluates all candidates for the Department; Police and Community Service Officer positions. I develop job descriptions for positions in the Professional Development Unit and other law enforcement positions within the Department. I am a member of LEO (Law Enforcement Opportunities), and have mentored college students through the law enforcement program and hiring processes. I have developed and mentored active employees in the promotional process. Question 2: Describe any training or experience you have reviewing documents, taking testimony and evaluating disciplinary actions taken in an employment setting. I have served in law enforcement fortwenty-seven (27) years. As a patrol officer, I wrote thousands of police reports, soliciting information from victims, witnesses or suspects. In 1990, I was promoted to Sergeant, where I investigated all types of crimes; Homicide, Forgery/Fraud to shoplifting, I prepared case documentation and presented these investigations to the City or County Attorney Offices for prosecution. In 1996, I was appointed as an Administrative Sergeant, responsible for Unit support in Finance. That position involved payroll and budget, preparing reports regarding employee concerns related to work conditions. As a Sergeant and a Lieutenant, employee "policy and procedure" inquiries have been routinely assigned to me for investigation, evaluation, and hearing panel participation if necessary. The hearing panel makes decisions regarding discipline appropriate to the "violation." Question 3: Describe any training or experience you have managing or chairing public meetings. Since 1996, as a Sector Lieutenant, I have been heavily involved with a variety of community and agency groups. On several occasions, I have chaired or facilitated the process. As the supervisor of the Professional Development Unit, I regularly manage a variety of employee groups and task forces. Question 4: Describe any experience you have as an objective third party in reviewing and making determinations on disputed claims. As a police officer, a core responsibility is to be an objective third party in the investigation and processing of crime scenes. As a supervisor, objectivity is vital in settling disputes and dealing with the concerns of affected employees. As a task force participant, being objective, in review of documentation is absolutely necessary. Question 5: Now that you know more about the commission, describe why are you interested in being a member? As a resident, I would like to be more involved in my community of choice. I am interested in the process and the outcome(s) related to the continued development of the city. My professional skills lie in the law enforcement arena; the Police Commission is a good fit and would utilize my knowledge and experience in support of the City of Maplewood. Question 6: Will you be able to attend most of the scheduled meetings? (We normally provide 10 days notice except for emergency meetings.) Yes ~ No Explain. Date: ~~' Signed: MARIE PRZYNSKI OBJECTIVE City of Maplewood Police Commission Appointment EXPERIENCE 2003-2004 Minneapolis Police, Professional Development Unit Supervisor . Oversee Training Section, includes Pre-service, Academy, In-service, Supervisor and Leadership Development and Civilian Training venues ^ Oversee the Police Range function and related training ^ Oversee Background Investigation Section, doing pre-employment investigations for a variety of City of Minneapolis positions . Oversee the Police Recruitment section. ^ Liaison with City of Minneapolis Risk Management, Occupational Health and Council on Crime and Justice 2001-2003 Minneapolis Police, 4~ Precinct Sector Lieutenant . Worked with various Community groups to resolve issues/concerns. . Oversaw police patrol unit/shift. Development and Implementation of strategies, responding to crime mapping analysis. 1999-2001 Minneapolis Police, Community Response Team CRT/Administratize Lieuterurrtt . Oversee covert operations/direct patrol unit, whose primary responsibilities are narcotics, prostitution and livability crimes in the 4th Precinct. Oversee 4th Precinct building functioning 1996-2001 Minneapolis Police, 4~ Precinct Shift Lieutennt • Oversee patrol shift 1996 Minneapolis Police, Child Abuse Unit Unit Supervsor • Oversee Unit investigators, Case assignment • Worked with various agencies in development of Child/Youth programming. EDUCATION Metropolitan State University, St. Paul, MN. Currently completing undergraduate degree in Law Enforcement . Metropolitan (Minneapolis) Community College Associate of Arts in Law Enforcement conferred REFERENCES Deputy Chief Tim Dolan Minneapolis Police Department 350 S. 5~ Street, # 128 Minneapolis, MN 55415-1389 (612) 673-2853 Ms. Roberta Englund, Executive Director Folwell and Webber-Camden Neigkltborhoods 1206 37~ Avenue North Minneapolis, MN 55412 (612) 521-2100 1848 Prosperity Road •Maplewood, MN 55109-4618 • E-mail (work) Marie.Przynski~ci.minneapolis.mn.us or (personal) Przynskiaccess@prodigy.net AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: Apri112,2004 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: $ 1,944.64 Check # 63420 dated 3/16/04 $ 57,288.80 Checks # 63421 thru # 63454 dated 3/23/04 $ 218,880.41 Disbursements via debits to checking account dated 3/15/04 thru 3/18/04 $ 1,944.64 Check # 63455 dated 3/22/04 $ 278,161.39 Checks # 63456 thru # 63507 dated 03/30/04 $ 130,412.57 Disbursements via debits to checking account dated 3/19/04 thru 3/25/04 $ 400,366.98 Checks # 63508 thru # 63565 dated 4/06/04 $ 332,595.17 Disbursements via debits to checking account dated 3/26/04 thru 4/01/04 $ 1,421,594.60 Total Accounts Payable PAYROLL $ 409,790.24 Payroll Checks and Direct Deposits dated 3/26/04 $ 4,492.64 Payroll Deduction check # 97037 thru # 97039 dated 3/26/04 $ 414,282.88 Total Payroll $ 1,835,877.48 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments c:\My Documents\Excel\Miscellaneous\04-AprClms 03-19, 03-26, 04-02 1 Check Register City of Maplewood vchlist 03/19/2004 10:46:38 AM Check Date Vendor Description/Account Amount 63420 3/16/2004 03006 ARCHITECTURE & TOWN PLANNING CONSULTING SERVICES JAN-FEB 1,944.64 63421 3/23/2004 02439 BADEN, MATHIAS BASKETBALL HEAD COACH 250.00 63422 3/23/2004 00164 BAY FIREWORKS INC FIREWORKS 10,000.00 63423 3/23/2004 00330 COPY SERVICE CORP. COPIER MAINTENANCE CONTRACT 91.77 63424 3/23/2004 02791 DAVIS & LAGERMAN INC PROJ 02-07 APPRAISAL 400.00 63425 3/23/2004 00463 EMERGENCY APPARATUS MAINT REPAIR TANKER 4 203.60 REPAIR ENGINE 7 650.99 63426 3/23/2004 00509 FIRE MARSHAL ASSN OF MN FIRE TRAINING SEMINAR 50.00 63427 3/23/2004 00702 ICMA NATIONAL CITIZEN SURVEY - 1/2 PYMT 4,100.00 63428 3/23/2004 00721 INDEPENDENT SPORTS NETWORK BASKETBALL REFEREE & SCORING SRV 1,057.00 63429 3/23/2004 00782 KPMG LLP ANNUAL AUDIT FEES 14,000.00 63430 3/23/2004 00820 KUSTOM SIGNALS INC KUSTOM EAGLE RADAR UNITS 3,651.89 63431 3/23/2004 00932 MAPLEWOOD BAKERY MERCH FOR RESALE 323.50 BIRTHDAY CAKES 45.75 BIRTHDAY CAKES 61.00 BIRTHDAY CAKES 61.00 BIRTHDAY CAKES 94.50 BIRTHDAY CAKES 194.00 63432 3/23/2004 00935 MAPLEWOOD FIRE FIGHTERS RELIEF SUPP BENEFITS REIMB FROM STATE 6,420.00 63433 3/23/2004 00942 MARSDEN BLDG MAINTENANCE CO CLEAN SEWER BACKUP 140.58 CLEAN SEWER BACKUP 555.29 63434 3/23/2004 00945 MASYS CORP STRATUS SOFTWARE MAINT -APR 738.68 63435 3/23/2004 02442 MERCER GROUP INC, THE FIRE & EMS BUSINESS PLAN -FINAL PYMT 3,000.00 63436 3/23/2004 01156 NELSON, JEAN REIMB FOR MILEAGE 1/2 - 2/26 69.83 63437 3/23/2004 01175 NORTH ST PAUL, CITY OF MONTHLY UTIL - 2/5 - 3/10 1,740.19 SEWER & SECURITY LIGHT 626.11 63438 3/23/2004 00001 ONE TIME VENDOR REF EDWARD OLSON -SEWER BACKUP 750.00 63439 3/23/2004 00001 ONE TIME VENDOR REF NANCY YANG -MEMBERSHIP 427.41 63440 3/23/2004 00001 ONE TIME VENDOR REF JAMES KELLER -MEMBERSHIP 78.89 63441 3/23/2004 00001 ONE TIME VENDOR REF MARGARET FISHER - AMB 03020784 43.44 63442 3/23/2004 00001 ONE TIME VENDOR REF KRISTEN BALLENTHIN -MEMBERSHIP 42.00 63443 3/23/2004 00001 ONE TIME VENDOR REF SUSANN KRAEMER -MCC PROGRAM 35.00 63444 3/23/2004 00001 ONE TIME VENDOR REF SCOTT BAUER - NO OFFICIAL 15.00 63445 3/23/2004 00001 ONE TIME VENDOR REF JAMES DEYOUNG - NO OFFICIAL 15.00 63446 3/23/2004 01250 PECK, DENNIS REIMB PARKING, FILING FEE & MILEAGE 24.20 63447 3/23/2004 01449 SERVICE SALES CORP. SERVICE TICKETS 257.41 63448 3/23/2004 01455 SHORTREED, MICHAEL REIMB FOR TUITION & BOOKS 1,234.77 63449 3/23/2004 01463 SISTER ROSALIND GEFRE MASSAGE -FEB 3,509.00 63450 3/23/2004 01410 SPI DESIGN GROUP DAILY ADMISSION CARDS 474.30 63451 3/23/2004 01734 WALSH, WILLIAM P. COMM PLUMBING INSP 276.00 63452 3/23/2004 02997 WASHINGTON COUNTY BANK BREAKFAST MEETING 3/10 10.00 63453 3/23/2004 02410 WELLS FARGO LEASING INC COPIER LEASE -MAR 1,420.70 63454 3/23/2004 02307 YORKOVICH, JOHN D BASKETBALL REFEREE CLINIC 150.00 35 Checks in this report Total checks : 59,233.44 2 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 03/12/04 03/15/04 MN State Treasurer Drivers License/Deputy Registrar 10,626.34 03/12/04 03/15/04 U.S. Treasurer Federal Payroll Tax 87,003.97 03/12/04 03/15/04 P.E.R.A. P.E.R.A. 48,599.06 03/15/04 03/16/04 MN State Treasurer Drivers License/Deputy Registrar 13,277.35 03/12/04 03/16/04 MN State Treasurer State Payroll Tax 16,598.62 03/16/04 03/17/04 MN State Treasurer Drivers License/Deputy Registrar 20,309.42 03/16/04 03/17/04 MN Dept of Revenue Sales Tax 6,794.00 03/17/04 03/18/04 MN State Treasurer Drivers License/Deputy Registrar 14,495.58 03/15/04 03/18/04 ARC Administration DCRP & Flex plan payments 1,176.07 TOTAL 3 Check Register City of Maplewood vchlist 03/26/2004 10:41:33 AM Check Date Vendor Description/Account Amount 63455 3/22/2004 03006 MCLAUGHLIN, RICHARD J CONSULTING SRVS JAN -FEB 1,944.64 63456 3/30/2004 01908 ADMINISTRATION, DEPT OF HARBOR BACKUP -FEB 1,317.56 63457 3/30/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 3/6 - 3/20 1,437.34 63458 3/30/2004 00173 BELDEN, TIM REPAIR & TUNE PIANO 110.00 63459 3/30/2004 02971 BERBEE INFORMATION NETWORKS PIX - 4FE - 66 4 PORT ETHERNET CARD 9,458.37 16 PORT KVM SWITCH 863.63 CON - 5NT - C3550EM1 SMARTNET 8X5XNBD 310.50 63460 3/30/2004 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 195.00 MERCH FOR RESALE 195.00 MERCH FOR RESALE 78.00 63461 3/30/2004 00198 BOARD OF WATER COMMISSIONERS MONTHLY & QUARTERLY WATER UTIL 1,008.02 63462 3/30/2004 03043 BULLSEYE REMODELING INC REF GRADING ESC - 2997 BELLAIRE AVE N 500.00 63463 3/30/2004 02746 CLOVER SUPER FOODS INC MERCH FOR RESALE 196.06 63464 3/30/2004 00449 EDEN SYSTEMS INC TRAINING COSTS 777.78 63465 3/30/2004 00526 FOREST LAKE CONTRACTING INC PROJ 03-04 KENNARD ST PYMT #4 45,661.30 63466 3/30/2004 00533 FRANK, PETE BASKETBALL REF COORD 12/5 - 3/6 1,200.00 63467 3/30/2004 02873 GARDEN & ASSOCIATES INC SPANISH LANGUAGE INTERPRETER 2/14 22.80 63468 3/30/2004 00543 GE CAPITAL RICOH LEASE COPIER 293.94 63469 3/30/2004 00585 GOPHER STATE ONE-CALL NET BILLABLE TICKETS -FEB 258.75 63470 3/30/2004 00589 GRAF, DAVE KARATE INSTRUCTOR 191.75 63471 3/30/2004 01039 HEALTH, DEPT OF CLIA CERTIFICATE FEE 150.00 63472 3/30/2004 00785 KAMCOM TECHNOLOGIES AMD ATHLON 2800 PC'S AS QUOTED = 14,377.50 AMD ATHLON 2800 PC'S AS QUOTED - 11,182.50 PC AS QUOTED "ALL-IN-ONE" DESKTOP INTEL 9,957.75 63473 3/30/2004 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 02-21 PROF SRVS 2/29 8,292.31 PROJ 03-22 PROF SRVS THRU 2/29 29,975.46 PROJ 03-26 PROF SRVS THRU 2/29 10,430.01 63474 3/30/2004 00827 L M C I T CLAIM DEDUCTIBLES 753.67 CLAIM DEDUCTIBLE 542.41 CLAIM DEDUCTIBLE 2,665.10 CLAIM DEDUCTIBLE 1,327.82 CLAIM DEDUCTIBLE 763.59 63475 3/30/2004 02047 CARSON, DAN REIMB FOR MEALS & LODGING 3/8 & 3/9 136.27 63476 3/30/2004 02910 LONETTI, JIM REIMB FOR TOOLS & OFFICE SUPPLIES 32.68 63477 3/30/2004 00915 M W O A WASTEWATER SEMINAR 45.00 63478 3/30/2004 01819 MCLEOD USA LOCAL PHONE SRV 2/16 - 3/15 1,802.69 63479 3/30/2004 01023 MN COUNTY ATTORNEYS ASSN DWI ADMINISTRATIVE FORMS 68.69 63480 3/30/2004 01126 MN NCPERS LIFE INSURANCE PERA LIFE INSURANCE -MAR 213.00 63481 3/30/2004 01127 N E S A BASKETBALL REFEREES 106.00 63482 3/30/2004 01147 NATL REGISTRY OF EMT PARAMEDIC NATIONAL REGISTRY - 5 100.00 63483 3/30/2004 01173 NORTH METRO AUTOMOTIVE REPAIR DC#3 CAR 971.48 63484 3/30/2004 00001 ONE TIME VENDOR REF BILL GONSOSKI -MEMBERSHIP 532.50 63485 3/30/2004 00001 ONE TIME VENDOR REF TERESA STEINER -MEMBERSHIP 298.25 63486 3/30/2004 00001 ONE TIME VENDOR REF SCOTT LEVERENZ -MCC PROGRAM 195.00 63487 3/30/2004 00001 ONE TIME VENDOR REF LORI DVORAK -MCC PROGRAM 34.00 63488 3/30/2004 00001 ONE TIME VENDOR REF ST ANTHONY PRESCHOOL - NC FEE 6.00 63489 3/30/2004 01254 PEPSI-COLA COMPANY MERCH FOR RESALE 83.90 MERCH FOR RESALE 244.35 MERCH FOR RESALE 962.60 63490 3/30/2004 01284 POSTMASTER POSTAGE 150.00 63491 3/30/2004 01302 PRIEM, STEVEN REIMB FOR MILEAGE 3/16 TO 3/17 31.50 63492 3/30/2004 01326 RCLLG 2004 RCLLG MEMBERSHIP DUES 945.00 63493 3/30/2004 01360 REINHART FOODSERVICE MERCH FOR RESALE 496.70 MERCH FOR RESALE 275.64 63494 3/30/2004 02001 ROSEVILLE, CITY OF JOINT POWERS AGREEMENT MIS -MAR 625.00 63495 3/30/2004 01387 ROSSINI, DR. JAMES FITNESS PROGRAM -MAR 100.00 63496 3/30/2004 01489 SPARTAN PROMOTIONAL GROUP INC. KEY RINGS 1,702.35 63497 3/30/2004 01504 ST PAUL, CITY OF RADIO SERVICE & MAINT -FEB 1,511.15 63498 3/30/2004 02853 SVENDSEN, JOANNE REIMB FOR MILEAGE 2/3 - 3/23 5.44 63499 3/30/2004 01574 T.A. SCHIFSKY & SONS, INC PROJ 01-14 ENGLISH ST FINAL PYMT 96,402.04 63500 3/30/2004 01635 TOWER ASPHALT INC UPM -SYLVAX 907.36 UPM -SYLVAX 1,005.17 63501 3/30/2004 01649 TRI-STATE BOBCAT, INC. S130 BOBCAT LOADER AS PER QUOTE AND 1,917.00 63502 3/30/2004 01580 TSE, INC. CUSTODIAL SRVS 1/6 - 2/20 889.33 63504 3/30/2004 02069 ULTIMATE DRAIN SERVICES INC TELEVISE SEWER LINE 280.00 TELEVISE SEWER LINE 270.00 Check Date Vendor 63505 3/30/2004 01698 UNITED WAY OF THE ST. PAUL 63506 3/30/2004 01734 WALSH, WILLIAM P. 63507 3/30/2004 01750 WATSON CO INC, THE 52 checks in this report Description/Account Amount TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 170.00 TELEVISE SEWER LINE 340.00 TELEVISE SEWER LINE 340.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 270.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 260.00 TELEVISE SEWER LINE 340.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 185.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 270.00 TELEVISE SEWER LINE 340.00 TELEVISE SEWER LINE 340.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 320.00 TELEVISE SEWER LINE 340.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 270.00 TELEVISE SEWER LINE 340.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 270.00 TELEVISE SEWER LINE 340.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 185.00 PROJ 03-18 TELEVISE SEWER LINE 245.00 TELEVISE SEWER LINE 270.00 TELEVISE SEWER LINE 270.00 PROJ 03-18 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 TELEVISE SEWER LINE 160.00 QUARTERLY PYMT 801.00 COMM PLUMBING INSP 227.99 MERCH FOR RESALE 387.39 Total checks : 280,106.03 5 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 03/18/04 03/19/04 MN State Treasurer Drivers License/Deputy Registrar 15,027.23 03/18/04 03/19/04 MN Dept of Natural Resources DNR electronic licenses 342.00 03/18/04 03/19/04 Pitney Bowes Postage 2,985.00 03/19/04 03/22/04 MN State Treasurer Drivers License/Deputy Registrar 11,645.75 03/09/04 03/22/04 MN Dept of Revenue Fuel Tax 686.00 03/22/04 03/23/04 MN State Treasurer Drivers License/Deputy Registrar 20,485.24 03/23/04 03/24/04 MN State Treasurer Drivers License/Deputy Registrar 18,760.64 03/24/04 03/25/04 MN State Treasurer Drivers License/Deputy Registrar 18,559.33 03/19/04 03/25/04 Elan Financial Services* Purchasing card items 41,921.38 TOTAL 130,412.57 *Detailed listings of Elan purchasing card items are attached. 6 Transaction Review 3 / 15 / 2 0 04 For Transactions posted between 03/09/2004 to 03/16/2004 Post Date Vendor Name Settlement Amt Cardholder Name 03/08/2004 G & K SERVICES 006 253.28 AMY NNEN 03/08/2004 G & K SERVICES 006 444.44 AMY NNEN 03/08/2004 G & K SERVICES 006 129.36 AMY NNEN 03/08/2004 S & T OFFICE PRODUCTS 41.63 ANDREA SINDT 03/08/2004 S & T OFFICE PRODUCTS 47.16 ANDREA SINDT 03/11/2004 S & T OFFICE PRODUCTS 83.33 ANDREA SINDT 03/11/2004 S & T OFFICE PRODUCTS 122.88 ANDREA SINDT 03/12/2004 S & T OFFICE PRODUCTS 34.53 ANDREA SINDT 03/12/2004 SIGNATURE MARKETING 22.50 ANDREA SINDT 03/12/2004 WALGREEN 00029363 21.19 AUDRA ROBBINS 03/08/2004 WMS WASTE MGMT WMEZPAY 749.57 BRUCE K ANDERSON 03/08/2004 ARCH WIRELESS 51.06 BRUCE K ANDERSON 03/08/2004 G & K SERVICES 006 513.97 BRUCE K ANDERSON 03/08/2004 G & K SERVICES 006 790.80 BRUCE K ANDERSON 03/08/2004 G & K SERVICES 006 209.92 BRUCE K ANDERSON 03/08/2004 S & T OFFICE PRODUCTS 58.89 BRUCE K ANDERSON 03/10/2004 S & T OFFICE PRODUCTS 73.25 BRUCE K ANDERSON 03/10/2004 KATH AUTO PARTS 20.02 BRYAN NAGEL 03/08/2004 PETCO 10.64 CAROLE GERNES 03/08/2004 NEXTEL WIRELESS SVCS 108.84 CHRISTOPHER CAVETT 03/11/2004 MN PHOTO 7.14 CLARENCE GERVAIS 03/12/2004 KINKO'S #0617 82.48 CLARENCE GERVAIS 03/12/2004 VRZN WRLS VZSRVE W RE3 118.94 DANIEL F FAUST 03/10/2004 THANE HAWKINS 00430017 175.62 DAVE EDSON 03/08/2004 THE LOFT 90.00 DAVID FISHER 03/08/2004 G & K SERVICES 006 275.50 DAVID FISHER 03/08/2004 G & K SERVICES 006 715.90 DAVID FISHER 03/09/2004 INDUSTRIAL SUPPLY CO INC 58.62 DAVID FISHER 03/12/2004 WASTE MANAGEMENT 325.73 DAVID FISHER 03/12/2004 WASTE MANAGEMENT 324.73 DAVID FISHER 03/10/2004 UNIFORMS UNLIMITED INC 67.00 DAVID J THOMALLA 03/08/2004 OXYGEN SERVICE CO INC (52.23) DENNIS LINDORFF 03/08/2004 OXYGEN SERVICE CO INC 134.37 DENNIS LINDORFF 03/11/2004 A-1 HYDRAULIC SALES & SER 73.64 DENNIS LINDORFF 03/12/2004 MILLS FLEET FARM #27 9.35 DENNIS LINDORFF 03/11/2004 PROPERTYKEY.COM, INC. 50.00 DENNIS PECK 03/10/2004 ARC HENNEPIN-CARVER 20.00 DOUGLAS J TAUBMAN 03/12/2004 OFFICE MAX 00002204 76.67 ED NADEAU 03/08/2004 LOEFFLERS SAFETY SHOES 129.95 ERICK OSWALD 03/08/2004 G & K SERVICES 006 219.24 GERALD SEEGER 03/08/2004 RAINBOW FOODS 1-881 6.38 HEATHER KOS 03/08/2004 S & T OFFICE PRODUCTS 46.71 HEIDI CAREY 03/10/2004 INSTY-PRINTS 52.80 HEIDI CAREY 03/10/2004 OFFICE MAX 00002204 14.12 HEIDI CAREY 03/10/2004 PENCO/ART SUPPLIES ONLIN 102.19 HEIDI CAREY 03/08/2004 NAPA AUTO PARTS 10.09 JAMES SCHINDELDECKER 03/09/2004 MENARDS 3022 6.77 JAMES SCHINDELDECKER 03/11/2004 MILLS FLEET FARM #27 239.60 JAMES SCHINDELDECKER 03/12/2004 MENARDS 3022 125.68 JAMES SCHINDELDECKER 03/12/2004 S & T OFFICE PRODUCTS 49.51 JEAN NELSON 03/10/2004 KRUEGER INTERNATIONAL 385.20 JIM BEHAN 03/10/2004 QUICKSILVER EXPRESS 11.90 JIM BEHAN 7 Post Date Vendor Name Settlement Amt Cardholder Name 03/11/2004 KRUEGER INTERNATIONAL (385.20) JIM BEHAN 03/08/2004 METRO SALES INC (1,920.00) JOANNE M SVENDSEN 03/08/2004 GRAFIX SHOPPE 340.00 JOHN BANICK 03/12/2004 MINNESOTA EROSION CONTRO 250.00 JOHN DUCHARME 03/11/2004 GRUBERS POWER EQUIPMENT 74.28 JOHN NAUGHTON 03/08/2004 QWESTCOMM TN612 57.51 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 57.51 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 57.51 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 86.27 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 86.27 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 86.27 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 86.27 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 115.02 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 138.45 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 236.80 JUDY TETZLAFF 03/08/2004 QWESTCOMM TN612 367.84 JUDY TETZLAFF 03/10/2004 QWESTCOMM TN651 122.21 JUDY TETZLAFF 03/12/2004 POSTAL STORE 38.00 JUDY WEGWERTH 03/11/2004 PROPERTYKEY.COM, INC. 50.00 KAREN E GUILFOILE 03/11/2004 MICHAELS #2744 9.56 KAREN E GUILFOILE 03/11/2004 TARGET 00011858 41.71 KAREN E GUILFOILE 03/12/2004 OFFICE MAX 00002204 65.00 KAREN E GUILFOILE 03/09/2004 DAMS LOCK AND SAFE 1,575.83 LINDA CROSSON 03/08/2004 METRO SALES INC 1,920.00 LORI HANSEN 03/10/2004 LILLIE SUBURBAN NEWSP 1,441.91 LORI HANSON 03/08/2004 ALL MAIN STREET ELEC 989.50 LYLE SWANSON 03/12/2004 HIRSHFIELD'S MAPLEWOOD 62.84 LYLE SWANSON 03/08/2004 G & K SERVICES 006 477.14 MARK MARUSKA 03/08/2004 ON SITE SANITATION, IN 15.16 MARK MARUSKA 03/10/2004 MIRACLE RECREATION EQ 406.78 MARK MARUSKA 03/12/2004 WASTE MANAGEMENT 118.59 MARK MARUSKA 03/08/2004 THE OLIVE GARD00012005 44.64 MARSHA PACOLT 03/12/2004 QWEST COMMUNICATION 629.00 MARSHA PACOLT 03/12/2004 CUSTOM HEADSETS INC 393.36 MARSHA PACOLT 03/12/2004 DAMS LOCK AND SAFE 25.56 MARSHA PACOLT 03/10/2004 U OF M-EMPLOYER ED SERV 275.00 MELINDA COLEMAN 03/09/2004 DAMS LOCK AND SAFE 20.24 MIKE GRAF 03/10/2004 TARGET 00011858 74.03 MIKE GRAF 03/12/2004 IAI IDEA ART 164.75 MIKE GRAF 03/08/2004 ACCESSIBLE PROD/ZIP TA 31.10 MYCHAL FOWLDS 03/11/2004 TIG TIGERDIRECT.COM 49.83 MYCHAL FOWLDS 03/08/2004 WALGREEN 00016873 13.82 PHILIP F POWELL 03/08/2004 MIDWEST LOCK & SAFE INC 157.17 PHILIP F POWELL 03/09/2004 COMPAQ ASSISTED SERVICE 164.01 PHILIP F POWELL 03/11/2004 VERIZON WRLESSRCRK2RE3 80.47 R CHARLES AHL 03/09/2004 WALGREEN 00016873 27.14 RICHARD DOBLAR 03/10/2004 RADISSON HOTELS (6.13) ROBERTA DARST 03/10/2004 THOMPSON PUBLISHING 359.00 ROBERTA DARST 03/11/2004 S & T OFFICE PRODUCTS 126.74 ROBERTA DARST 03/08/2004 MAUTZ #3525 28.95 ROLAND HELEY 03/08/2004 MAUTZ #3525 8.73 ROLAND HELEY 03/11/2004 MENARDS 3022 40.25 ROLAND HELEY 03/10/2004 RHODE ISLAND NOVELTY 76.27 RON HORWATH 03/12/2004 RADIO SHACK 00161455 2.65 RONALD SVENDSEN 03/09/2004 VIKING ELECTRIC ST PAUL 246.87 RUSTIN SVENDSEN 03/11/2004 EAT INC 24.24 RUSTIN SVENDSEN 8 Post Date Vendor Name 03/11/2004 STREICHER'S POLICE EQP 03/12/2004 BATTERIES PLUS 03/08/2004 RICHARDS MARKET INC 03/09/2004 COPY EQUIPMENT, INC. 03/09/2004 COPY EQUIPMENT, INC. 03/09/2004 BEST BUY 00000109 03/10/2004 ADT SECURITY SERVICES 03/10/2004 ADT SECURITY SERVICES 03/10/2004 TAYLOR TECHNOLOGIES 03/10/2004 AT&T ARBOR/ESB 03/12/2004 STAR MICRO TECHNOLOGIES 03/09/2004 CUB FOODS, INC. 03/11/2004 CLAREY'S SAFETY EQUIPM 03/11/2004 CLAREY'S SAFETY EQUIPM 03/11/2004 ANCOM COMMUNICATIONS INC 03/11/2004 DAMS LOCK AND SAFE 03/12/2004 WASTE MANAGEMENT 03/12/2004 WEBER ELECTRIC 03/12/2004 CHOICE AUTO RENTAL INC 03/08/2004 EAT INC 03/08/2004 EAT INC 03/08/2004 GENERATOR SPECIALTY CO 03/10/2004 FACTORY MOTOR PARTS 03/11/2004 MAC QUEEN EQUIPMENT IN 03/11/2004 BOYER TRUCKS-PARTS 03/11/2004 BOYER TRUCKS-PARTS 03/12/2004 BOYER TRUCKS-PARTS 03/08/2004 NNA NATL NOTARY ASSN 03/08/2004 QUILL CORPORATION 03/09/2004 STREICHERS POLICE EQUIPM Settlement Amt Cardholder Name 53.20 SCOTT LANGNER 18.09 SCOTT STEFFEN 25.00 SHANN FINWALL 90.00 STEVE HURLEY 127.65 STEVE HURLEY 212.99 STEVE HURLEY 155.57 STEVE HURLEY 408.00 STEVE HURLEY 920.00 STEVE HURLEY 1,013.60 STEVE HURLEY 439.00 STEVE HURLEY 39.32 STEVE LUKIN 54.10 STEVE LUKIN 517.45 STEVE LUKIN 130.44 STEVE LUKIN 100.65 STEVE LUKIN 234.45 STEVE LUKIN 240.06 STEVE LUKIN 212.42 STEVE LUKIN 234.83 STEVEN PRIEM 27.26 STEVEN PRIEM 177.95 STEVEN PRIEM 63.40 STEVEN PRIEM 14.36 STEVEN PRIEM 164.59 STEVEN PRIEM 61.48 STEVEN PRIEM 37.31 STEVEN PRIEM 45.00 SUSAN ZWIEG 92.30 SUSAN ZWIEG 27.64 TIMOTHY FLOR 23,805.69 9 Transaction Review 3/ 2 2/ 2 0 04 For Transactions posted between 03/13/2004 to 03/19/2004 Post Date Vendor Name Settlement Amt Cardholder Name 03/15/2004 S & T OFFICE PRODUCTS 107.02 BRUCE K ANDERSON 03/15/2004 AUTO GLASS SPECIALISTS-MN 193.10 SCOTT ANDREWS 03/19/2004 STREICHERS POLICE EQUIPM 76.36 SCOTT ANDREWS 03/15/2004 CENTURY COLLEGE CONTINUIN 180.00 JOHN BANICK 03/18/2004 MN PHOTO 201.50 JOHN BANICK 03/18/2004 MINNESOTA LAW ENFORCEMENT 1,260.00 JOHN BANICK 03/18/2004 THE UPS STORE #2171 7.55 JOHN BANICK 03/17/2004 AQUA LOGIC INC 1,808.30 JIM BEHAN 03/17/2004 AQUA LOGIC INC 1,649.96 JIM BEHAN 03/19/2004 HENRIKSEN ACE HARDWARE 21.66 JIM BEHAN 03/19/2004 PAIN ENTERPRISES INC. 352.58 JIM BEHAN 03/15/2004 ORIENTAL TRADING CO 1,430.72 HEIDI CAREY 03/15/2004 KINKO'S #0617 82.01 HEIDI CAREY 03/16/2004 DGI DYNAMIC GRAPHICS 79.00 HEIDI CAREY 03/19/2004 SENSIBLE LAND USE COAL 30.00 MELINDA COLEMAN 03/15/2004 RHODE ISLAND NOVELTY 116.12 LINDA CROSSON 03/15/2004 ORIENTAL TRADING CO 98.50 LINDA CROSSON 03/15/2004 PAPER AND PARTY INC. - 23.95 LINDA CROSSON 03/17/2004 TARGET 00011858 119.50 LINDA CROSSON 03/19/2004 ANDON INC. 101.71 LINDA CROSSON 03/19/2004 BOEHM'S SCHWINN CYC&FIT 39.99 LINDA CROSSON 03/19/2004 UNIFORMS UNLIMITED INC 74.95 KERRY GROTTY 03/18/2004 PIONEER PRESS ADVERTISIN (9.90) ROBERTA DARST 03/18/2004 MAUTZ #3525 40.00 DAVE EDSON 03/15/2004 ICMA 120.00 DANIEL F FAUST 03/15/2004 CONTINENTAL 0052180866129 229.40 DANIEL F FAUST 03/15/2004 THE HOME DEPOT 2801 5.26 SHANN FINWALL 03/15/2004 INT'L CODE COUNCIL INC 280.00 DAVID FISHER 03/18/2004 HABERMAN MACHINE INC 42.60 RONALD FREBERG 03/15/2004 PERKINS REST 00010512 34.21 RICHARD FURSMAN 03/19/2004 BEST BUY 00000158 174.54 MIKE GRAF 03/15/2004 VERIZON WRLESSRCRK2RE3 61.98 KAREN E GUILFOILE 03/15/2004 HENRIKSEN ACE HARDWARE 7.31 MARK HAAG 03/15/2004 S & T OFFICE PRODUCTS 31.43 LORI HANSON 03/18/2004 FACILITY SYSTEMS INC 260.97 LORI HANSON 03/19/2004 S & T OFFICE PRODUCTS 151.85 LORI HANSON 03/19/2004 OFFICE DIRECT INC 41.44 LORI HANSON 03/15/2004 NEXTEL WIRELESS SVGS 116.18 STEVE HURLEY 03/15/2004 NEXTEL WIRELESS SVGS 31.74 ANN E HUTCHINSON 03/15/2004 DALCO ENTERPRISES, INC 658.79 DAVID JAHN 03/18/2004 VERIZON WRLESSRCRK2RE3 32.35 MICHAEL KANE 03/17/2004 DOWNTOWNER CAR WASH 133.70 FLINT KARIS 03/18/2004 GWES MAPLEWOOD 24.98 HEATHER KOS 03/15/2004 UNIFORMS UNLIMITED INC 31.26 DANIEL CARSON 03/17/2004 STREICHERS POLICE EQUIPM 55.27 DANIEL CARSON 03/15/2004 MILLS FLEET FARM #27 225.68 DENNIS LINDORFF 03/15/2004 NEXTEL WIRELESS SVGS 711.17 STEVE LUKIN 03/18/2004 VERIZON WRLESSRCRK2RE3 64.53 STEVE LUKIN 03/17/2004 LTG POWER EQUIPMENT 7.40 MARK MARUSKA 03/17/2004 VIKING INDUSTRIAL CENTER 21.98 MARK MARUSKA 03/18/2004 VERIZON WRLESSRCRK2RE3 20.38 MARK MARUSKA 03/19/2004 ALLIED PLASTICS, INC 440.91 MARK MARUSKA 10 Post Date Vendor Name 03/18/2004 VERIZON WRLESSRCRK2RE3 03/18/2004 SPRINTPCS AUTOPYMT RC1 03/15/2004 MENARDS 3022 03/16/2004 LTG POWER EQUIPMENT 03/16/2004 S & T OFFICE PRODUCTS 03/18/2004 VERIZON WRLESSRCRK2RE3 03/19/2004 TARGET 00011858 03/18/2004 GATEWAY BUSINESS DIRECT 03/19/2004 EMED CO INC 03/15/2004 BOYER TRUCKS-PARTS 03/15/2004 BOYER TRUCKS-PARTS 03/15/2004 KATH AUTO PARTS 03/15/2004 ROSEDALE DODGE 03/16/2004 KATH AUTO PARTS 03/17/2004 GALLES CORPORATION 03/17/2004 SUNRAY BTB 03/19/2004 KATH AUTO PARTS 03/15/2004 DALCO ENTERPRISES, INC 03/15/2004 DALCO ENTERPRISES, INC 03/15/2004 CURTIS 1000 03/18/2004 ARAMARK REF SVS #6013- 03/18/2004 VERIZON WRLESSRCRK2RE3 03/18/2004 VERIZON WRLESSRCRK2RE3 03/19/2004 DALCO ENTERPRISES, INC 03/17/2004 MINNESOTA LAW ENFORCEMENT 03/15/2004 RADIO SHACK 00161455 03/15/2004 METRO FIRE 03/16/2004 ANCOM COMMUNICATIONS INC 03/18/2004 MOORE MEDICAL 03/15/2004 DALCO ENTERPRISES, INC 03/15/2004 DALCO ENTERPRISES, INC 03/17/2004 INDUSTRIAL SUPPLY CO INC 03/19/2004 THE HOME DEPOT 2801 03/15/2004 STREAMLINE DESIGN 03/19/2004 TRI STATE BOBCAT Settlement Amt Cardholder Name 60.71 ED NADEAU 58.12 BRYAN NAGEL 9.29 JOHN NAUGHTON 13.74 JOHN NAUGHTON 130.89 AMY NIVEN 28.36 ERICK OSWALD 110.56 ROBERT PETERSON 53.25 PHILIP F POWELL 229.33 PHILIP F POWELL (37.31) STEVEN PRIEM 89.62 STEVEN PRIEM 133.85 STEVEN PRIEM 170.52 STEVEN PRIEM 50.85 STEVEN PRIEM 151.76 STEVEN PRIEM 47.73 STEVEN PRIEM 43.93 STEVEN PRIEM 1,348.51 MICHAEL REILLY 62.54 MICHAEL REILLY 45.88 DEB SCHMIDT 209.00 RUSSELL L SCHMIDT 6.07 ANDREA SINDT 45.03 ANDREA SINDT 1,051.16 PAULINE STAPLES 50.00 JOANNE M SVENDSEN 23.42 RONALD SVENDSEN 220.00 RUSTIN SVENDSEN 394.05 RUSTIN SVENDSEN 246.70 RUSTIN SVENDSEN (352.25) LYLE SWANSON 204.93 LYLE SWANSON 52.62 LYLE SWANSON 72.19 LYLE SWANSON 886.55 DOUGLAS J TAUBMAN 102.20 TODD TEVLIN 18,115.69 11 Check Register City of Maplewood vchlist 04/02/2004 11:22:06 AM Check Date Vendor Description/Account Amount 63508 4/6/2004 01047 3M 3 RLS - TRK CONSP SHEETING 255.60 63509 4/6/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 530.01 63510 4/6/2004 00173 BELDEN, TIM REPAIR PIANO 45.00 63511 4/6/2004 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREMIUM 105,558.50 63512 4/6/2004 00198 BOARD OF WATER COMMISSIONERS QUARTERLY WATER -BILL DATE 3/24 19.72 63513 4/6/2004 01869 BOETCHER, DALE VOLLEYBALL GAME OFFICIAL - 6 120.00 63514 4/6/2004 01865 BOWMAN, DON VOLLEYBALL GAME ASSIGNMENTS 425.00 63515 4/6/2004 02929 CNAGLAC LONG TERM CARE INS 866.64 63516 4/6/2004 01871 COOPER, KENNETH VOLLEYBALL GAME OFFICIATED - 3 60.00 63517 4/6/2004 00354 CUSTOM FIRE APPARATUS, INC. SWITCH FOR ENGINE 4 13.75 63518 4/6/2004 00384 DE LACE LANDEN FINANCIAL SRVS COPIER LEASE 511.20 63519 4/6/2004 02743 DOBLAR, RICHARD REIMB FOR TUITION & BOOKS 1/8 - 2/19 678.15 63520 4/6/2004 00463 EMERGENCY APPARATUS MAINT REPAIR ENGINE 4 1,265.30 REPAIR AMB MEDIC 1 208.95 REPAIR AMB MEDIC 1 157.70 REPAIR AMB MEDIC 2 1,074.14 63521 4/6/2004 00520 FLOR, TIMOTHY W REIMB FOR BOOKS & TUITION 9/9 - 2/10 1,401.12 63522 4/6/2004 00529 FORTIS BENEFITS INSURANCE CO MONTHLY LTD PREMIUM 2,069.20 STD PLAN 4043120-0-1 -APR 1,308.57 63523 4/6/2004 02642 GALLES CORP CAN LINERS 221.35 63524 4/6/2004 00612 GYM WORKS INC REPAIR FITNESS EQUIP 466.50 63525 4/6/2004 01867 HANSON, PERRY VOLLEYBALL GAME OFFICIAL - 15 300.00 63526 4/6/2004 02547 HARTLAND FUEL PRODUCTS LLC INC UNLEADED MID-GRADE (89 OCTANE) GAS 9,715.27 63527 4/6/2004 02995 INTEGRATED LOSS CONTROL INC INTEGRATED LOSS CONTROL INC 1,743.00 63528 4/6/2004 03021 KIMLINGER, JENNIFER VOLLEYBALL GAME OFFICIAL - 7 140.00 63529 4/6/2004 01874 KULAS, RONALD C. VOLLEYBALL GAME OFFICIAL - 11 220.00 63530 4/6/2004 00821 KVAM, DAVID REIMB FOR TUITION & BOOKS 911.15 63531 4/6/2004 00827 L M C I T CLAIM DEDUCTIBLE 3,417.24 CLAIM DEDUCTIBLE 3,353.96 WORK COMP INS APR -JUN 39,620.75 63532 4/6/2004 00837 LAKE SUPERIOR COLLEGE MN INCIDENT MANAGER SYSTEM 100.00 63533 4/6/2004 00857 LEAGUE OF MINNESOTA CITIES DIRECTORY OF MN CITY OFFICIALS 315.24 63534 4/6/2004 00908 M R P A CONF REGISTRATION - 2 200.00 63535 4/6/2004 03023 MELANDER, JON VOLLEYBALL GAME OFFICIAL - 21 420.00 63536 4/6/2004 02872 METLIFE SBC MONTHLY DENTAL PREMIUM 7,360.92 63537 4/6/2004 00985 METROPOLITAN COUNCIL WASTEWATER -APR 157,490.20 63538 4/6/2004 03044 MN GANG STRIKE FORCE ASIAN GANG INV COURSE 65.00 ASIAN GANG INV COURSE 65.00 63539 4/6/2004 01085 MN LIFE INSURANCE MONTHLY PREMIUM 3,788.90 63540 4/6/2004 01028 MN STATE TREASURER STAX MONTHLY SURTAX -MAR 867.07 63541 4/6/2004 03022 MOTT, RANDALL VOLLEYBALL GAME OFFICIAL - 10 200.00 63542 4/6/2004 01953 MUNICI-PALS MEMBERSHIP DUES 20.00 63543 4/6/2004 01202 NYSTROM PUBLISHING CO INC PARKS & REC -SPRING/SUMMER 2004 12,197.00 63544 4/6/2004 01213 OLSON, JULIE REIMB FOR TUITION & BOOKS 1/25 - 2/10 678.33 REIMB FOR NATL REGISTRY FEE 50.00 63545 4/6/2004 03045 OLSON, LIZ VOLLEYBALL GAME OFFICIAL - 6 120.00 63546 4/6/2004 00001 ONE TIME VENDOR REF HELEN LAU -AMB 04000322 485.00 63547 4/6/2004 00001 ONE TIME VENDOR REF SANDRA HAUGO-MCC PROGRAM 25.00 63548 4/6/2004 01863 PACKER, ROGER VOLLEYBALL GAME OFFICIATED - 49 980.00 63549 4/6/2004 03027 PARLIN'S UPHOLSTERY RE-UPHOLSTER 200 CHAIRS-BANQUET RM 2,000.00 63550 4/6/2004 01341 RAMSEY CTY FIRE CHIEFS ASSN RC FIRE CHIEFS ANNUAL BANQUET - 8 100.00 63551 4/6/2004 01340 REGIONS HOSPITAL PARAMEDIC SUPPLIES 69.17 63552 4/6/2004 01409 S.E.H. PROJ 02-22 PROF SRVS -FEB 126.47 PROJ 02-07 PROF SRVS -FEB 3,889.03 PROJ 01-14 PROF SRVS -FEB 1,086.68 12 Check Date Vendor 63553 4/6/2004 02663 SAARION, CARL 63554 4/6/2004 01418 SAM'S CLUB DIRECT 63555 4/6/2004 02664 SCHWICTENBERG, HEIDI 63556 4/6/2004 01526 STATE TREASURER 63557 4/6/2004 01915 STEEPEN, NANCY 63558 4/6/2004 01550 SUMMIT INSPECTIONS 63559 4/6/2004 01574 T.A. SCHIFSKY & SONS, INC 63560 4/6/2004 03048 TODD ALLEN HOMES 63561 4/6/2004 01649 TRI-STATE BOBCAT, INC. 63562 4/6/2004 02069 ULTIMATE DRAIN SERVICES INC 63563 4/6/2004 01734 WALSH, WILLIAM P. 63564 4/6/2004 01872 WEBER, MARK 63565 4/6/2004 03032 WILLIAMS, SHERRICE 58 Checks in this report Description/Account Amount PROJ 03-04 PROF SRVS -FEB 6,730.76 PROJ 01-21 PROF SRVS -FEB 140.78 PROJ 03-04 PROF SRVS -FEB 3,446.73 VOLLEYBALL GAME OFFICIAL - 15 300.00 MERCH FOR RESALE 82.42 PROGRAM SUPPLIES 305.33 PROGRAM SUPPLIES 331.40 MERCH FOR RESALE 284.05 MERCH FOR RESALE 226.60 PROGRAM SUPPLIES 379.71 PROGRAM SUPPLIES 10.31 MERCH FOR RESALE 72.97 VOLLEYBALL GAME OFFICIAL - 6 120.00 BLDG CODE SEMINAR - 4 140.00 VOLLEYBALL GAME OFFICIAL - 11 220.00 ELECTRICAL INSPECTIONS 5,645.60 VARIOUS BITUMINOUS- 257.59 REF GRADING ESC - 2703 SNOWDRIFT 1,107.53 REF GRADING ESC - 2718 RED SPLENDER 1,074.38 REF GRADING ESC - 2702 RED SPLENDER 1,068.77 18" PLANER HIGH FLOW 4,183.32 S220 TWO SPEED BOBCAT LOADER AS PER 3,668.93 PROJ 03-18 SEWER TELEVISING 160.00 PROJ 03-18 SEWER TELEVISING 340.00 PROJ 03-18 TELEVISE SEWER 160.00 PROJ 03-18 TELEVISE SEWER 160.00 COMM PLUMBING INSP 100.00 VOLLEYBALL GAME OFFICIAL - 11 220.00 REFUND MN REV RECAPTURE 52.90 Total checks : 400,366.86 13 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 03/25/04 03/26/04 03/25/04 03/26/04 03/26/04 03/26/04 03/26/04 03/29/04 03/26/04 03/26/04 03/30/04 03/31 /04 03/29/04 04/01 /04 03/26/04 03/26/04 03/26/04 03/29/04 03/29/04 03/29/04 03/29/04 03/30/04 03/30/04 03/30/04 03/31 /04 04/01 /04 04/01 /04 04/01 /04 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer MSA/Dispatcher Unions MN State Treasurer MN State Treasurer ARC Administration U.S. Bank Trust TOTAL Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License/Deputy Registrar State Payroll Tax Union Dues Drivers License/Deputy Registrar Drivers License/Deputy Registrar DCRP & Flex plan payments Debt Service Amount 14,807.45 7,818.59 323.00 9,520.25 84,949.31 47,874.07 21,774.78 17,150.52 16,094.64 238.00 21,843.51 19,906.50 457.05 69,837.50 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 03/26/04 JUENEMANN, KATHLEEN 358.00 dd 03/26/04 KOPPEN, MARVIN 358.00 dd 03/26/04 COLEMAN, MELINDA 3,792.87 dd 03/26/04 DARST, ROBERTA 1,499.68 dd 03/26/04 FURSMAN, RICHARD 4,629.25 dd 03/26/04 SWANSON, LYLE 1,717.25 dd 03/26/04 EDSON, KAREN 93.75 dd 03/26/04 LE, SHERYL 3,699.76 dd 03/26/04 RAMEAUX, THERESE 2,197.61 dd 03/26/04 FAUST, DANIEL 3,857.97 dd 03/26/04 SCHMIDT, DEBORAH 1,348.44 dd 03/26/04 ANDERSON, CAROLE 1,463.82 dd 03/26/04 BAUMAN, GAYLE 2,954.87 dd 03/26/04 JACKSON, MARY 1,766.84 dd 03/26/04 KELSEY, CONNIE 744.34 dd 03/26/04 TETZLAFF, JUDY 1,766.84 dd 03/26/04 FRY, PATRICIA 1,639.64 dd 03/26/04 GUILFOILE, KAREN 3,854.35 dd 03/26/04 OSTER, ANDREA 1,713.07 dd 03/26/04 CARLE, JEANETTE 1,641.93 dd 03/26/04 FIGG, SHERRIE 1,102.03 dd 03/26/04 JAGOE, CAROL 1,649.14 dd 03/26/04 JOHNSON, BONNIE 999.68 dd 03/26/04 OLSON, SANDRA 951.73 dd 03/26/04 SCHACHT, BARBARA 792.49 dd 03/26/04 WEAVER, KRISTINE 1,708.14 dd 03/26/04 BANICK, JOHN 3,445.97 dd 03/26/04 CORCORAN, THERESA 1,890.76 dd 03/26/04 POWELL, PHILIP 2,053.41 dd 03/26/04 SPANGLER, EDNA 308.00 dd 03/26/04 THOMALLA, DAVID 3,817.59 dd 03/26/04 ABEL, GLINT 1,911.42 dd 03/26/04 ALDRIDGE, MARK 2,816.26 dd 03/26/04 ANDREWS, SCOTT 2,855.28 dd 03/26/04 BAKKE, LONN 2,284.82 dd 03/26/04 BELDE, STANLEY 2,530.03 dd 03/26/04 BIERDEMAN, BRIAN 2,010.93 dd 03/26/04 BOHL, JOHN 2,481.66 dd 03/26/04 BUSACK, DANIEL 2,381.40 dd 03/26/04 COFFEY, KEVIN 1,744.37 dd 03/26/04 GROTTY, KERRY 2,348.53 dd 03/26/04 DOBLAR, RICHARD 2,447.21 dd 03/26/04 FRASER, JOHN 2,264.08 dd 03/26/04 HEINZ, STEPHEN 2,503.67 dd 03/26/04 HIEBERT, STEVEN 2,763.25 dd 03/26/04 JOHNSON, KEVIN 3,247.14 dd 03/26/04 KARIS, FLINT 2,748.41 dd 03/26/04 KONG, TOMMY 2,169.35 dd 03/26/04 KROLL, BRETT 1,929.60 dd 03/26/04 KVAM, DAVID 2,917.78 15 dd 03/26/04 CARSON, DANIEL 2,243.52 dd 03/26/04 LU, JOHNNIE 2,371.53 dd 03/26/04 MARINO, JASON 2,075.04 dd 03/26/04 MARTIN, JERROLD 2,330.93 dd 03/26/04 MCCARTY, GLEN 1,767.81 dd 03/26/04 METRY, ALESIA 2,191.45 dd 03/26/04 PALMA, STEVEN 2,581.81 dd 03/26/04 RABBETT, KEVIN 3,124.61 dd 03/26/04 STEFFEN, SCOTT 3,707.08 dd 03/26/04 SZCZEPANSHI, THOMAS 2,327.57 dd 03/26/04 THIENES, PAUL 2,388.54 dd 03/26/04 TRAN, JOSEPH 1,752.45 dd 03/26/04 WENZEL, JAY 2,191.50 dd 03/26/04 WINGATE, DAVID 1,552.39 dd 03/26/04 XIONG, KAO 1,911.42 dd 03/26/04 BARTZ, PAUL 2,868.49 dd 03/26/04 BERGERON, JOSEPH 2,992.12 dd 03/26/04 DUGAS, MICHAEL 2,554.31 dd 03/26/04 DUNK, ALICE 2,628.18 dd 03/26/04 ERICKSON, VIRGINIA 2,479.83 dd 03/26/04 EVERSON, PAUL 2,082.24 dd 03/26/04 FLOR, TIMOTHY 2,840.43 dd 03/26/04 HALWEG, JODI 1,682.07 dd 03/26/04 KATZMAN, BARBARA 1,748.96 dd 03/26/04 L'ALLIER, DANIEL 1,365.00 dd 03/26/04 LANGNER, SCOTT 553.38 dd 03/26/04 OLSON, JULIE 2,181.10 dd 03/26/04 PARSONS, KURT 1,776.53 dd 03/26/04 PIKE, GARY 2,243.52 dd 03/26/04 DAWSON, RICHARD 1,790.44 dd 03/26/04 DUELLMAN, HIRK 1,810.08 dd 03/26/04 JOHNSON, DOUGLAS 1,790.44 dd 03/26/04 NOVAK, JEROME 1,790.44 dd 03/26/04 PETERSON, ROBERT 1,887.95 dd 03/26/04 SVENDSEN, RONALD 1,867.44 dd 03/26/04 GERVAIS-JR, CLARENCE 2,501.66 dd 03/26/04 BOYER, SCOTT 1,816.71 dd 03/26/04 FEHR, JOSEPH 1,808.44 dd 03/26/04 FLAUGHER, JAYME 1,808.45 dd 03/26/04 JACKSON, LINDA 1,512.44 dd 03/26/04 LAFFERTY, WALTER 1,808.44 dd 03/26/04 LINK, BRYAN 1,762.01 dd 03/26/04 PACOLT, MARSHA 2,142.40 dd 03/26/04 RABINE, JANET 1,841.52 dd 03/26/04 STAHNKE, JULIE 1,808.45 dd 03/26/04 LUKIN, STEVEN 3,353.68 dd 03/26/04 SVENDSEN, RUSTIN 2,678.00 dd 03/26/04 ZWIEG, SUSAN 1,710.85 dd 03/26/04 DOLLERSCHELL, ROBERT 266.30 dd 03/26/04 AHL, R. CHARLES 4,045.84 dd 03/26/04 NIVEN, AMY 1,109.13 dd 03/26/04 PRIEFER, WILLIAM 2,462.94 dd 03/26/04 WEGWERTH, JUDITH 1,762.17 dd 03/26/04 BRINK, TROY 1,552.84 dd 03/26/04 DEBILZAN, THOMAS 1,816.95 dd 03/26/04 EDGE, DOUGLAS 1,789.04 dd 03/26/04 JONES, DONALD 1,751.64 dd 03/26/04 KANE, MICHAEL 2,722.50 16 dd 03/26/04 LUTZ, DAVID 1,790.49 dd 03/26/04 MEYER, GERALD 1,857.33 dd 03/26/04 NAGEL, BRYAN 2,261.74 dd 03/26/04 OSWALD, ERICK 1,967.87 dd 03/26/04 TEVLIN, TODD 1,645.44 dd 03/26/04 CAVETT, CHRISTOPHER 3,056.22 dd 03/26/04 DUCHARME, JOHN 2,230.84 dd 03/26/04 ENGSTROM, ANDREW 1,453.24 dd 03/26/04 JACOBSON, SCOTT 1,664.60 dd 03/26/04 LINDBLOM, RANDAL 3,073.57 dd 03/26/04 MURRA, AARON 611.00 dd 03/26/04 PECK, DENNIS 2,492.83 dd 03/26/04 PRIEBE, WILLIAM 4,286.65 dd 03/26/04 SCHACHT, ERIN 2,166.04 dd 03/26/04 VERMEERSCH, CHARLES 2,747.26 dd 03/26/04 ANDERSON, BRUCE 3,764.03 dd 03/26/04 CAREY, HEIDI 1,896.45 dd 03/26/04 HALL, KATHLEEN 1,715.29 dd 03/26/04 MARUSKA, MARK 2,513.20 dd 03/26/04 NAUGHTON, JOHN 1,550.84 dd 03/26/04 SCHINDELDECKER, JAMES 1,786.04 dd 03/26/04 BIESANZ, OAKLEY 1,267.56 dd 03/26/04 HAYMAN, JANET 1,182.77 dd 03/26/04 HUTCHINSON, ANN 2,092.15 dd 03/26/04 KOS, HEATHER 390.00 dd 03/26/04 NELSON, JEAN 1,028.61 dd 03/26/04 SEEGER, GERALD 501.62 dd 03/26/04 GAYNOR, VIRGINIA 1,881.24 dd 03/26/04 EKSTRAND, THOMAS 2,635.15 dd 03/26/04 KROLL, LISA 1,096.68 dd 03/26/04 LIVINGSTON, JOYCE 950.56 dd 03/26/04 SINDT, ANDREA 1,554.04 dd 03/26/04 THOMPSON, DEBRA 632.82 dd 03/26/04 YOUNG, TAMELA 1,370.84 dd 03/26/04 FINWALL, SHANN 2,126.04 dd 03/26/04 ROBERTS, KENNETH 2,428.20 dd 03/26/04 CARVER, NICHOLAS 2,415.47 dd 03/26/04 FISHER, DAVID 2,878.23 dd 03/26/04 RICE, MICHAEL 1,456.44 dd 03/26/04 SWAN, DAVID 1,810.04 dd 03/26/04 KONEWKO, DUWAYNE 2,548.44 dd 03/26/04 ANZALDI, MANDY 931.00 dd 03/26/04 BJORK, ALICIA 68.88 dd 03/26/04 BJORK, BRANDON 412.50 dd 03/26/04 FINN, GREGORY 1,917.13 dd 03/26/04 GRAF, MICHAEL 1,728.26 dd 03/26/04 HADDAD, JULIE 243.00 dd 03/26/04 KELLY, LISA 1,282.63 dd 03/26/04 MCBRIDE, PATRICK 80.00 dd 03/26/04 NIEMCZYK, BRIAN 80.00 dd 03/26/04 OHLHAUSER, MEGHAN 243.00 dd 03/26/04 ROBBINS, AUDRA 1,783.14 dd 03/26/04 SHERRILL, CAITLIN 436.50 dd 03/26/04 TAUBMAN, DOUGLAS 2,639.27 dd 03/26/04 BREHEIM, ROGER 1,790.49 dd 03/26/04 NORDQUIST, RICHARD 1,894.89 dd 03/26/04 SCHULTZ, SCOTT 1,959.64 dd 03/26/04 CROSSON, LINDA 2,338.51 17 dd 03/26/04 FONTAINE, ANTHONY 729.93 dd 03/26/04 HEITHOFF, TREVOR 149.10 dd 03/26/04 LEIER, SARA 102.70 dd 03/26/04 PELOQUIN, PENNYE 468.76 dd 03/26/04 SCHMIDT, RUSSELL 1,778.19 dd 03/26/04 STAPLES, PAULINE 2,720.85 dd 03/26/04 ABRAHAMSON, REBECCA 102.40 dd 03/26/04 BENDTSEN, LISA 42.53 dd 03/26/04 BRENEMAN, NEIL 293.29 dd 03/26/04 CORNER, AMY 21.60 dd 03/26/04 EDSON, JAMIE 228.94 dd 03/26/04 ERICKSON, CAROL 45.00 dd 03/26/04 GREDVIG, ANDERS 23.10 dd 03/26/04 GUZIK, JENNIFER 41.10 dd 03/26/04 HALEY, BROOKE 142.58 dd 03/26/04 HORWATH, RONALD 1,783.14 dd 03/26/04 IRISH, GRACE 150.50 dd 03/26/04 KOEHNEN, AMY 64.05 dd 03/26/04 KOEHNEN, MARY 594.92 dd 03/26/04 KRONHOLM, KATHRYN 512.00 dd 03/26/04 LAWSON, JOSHUA 70.50 dd 03/26/04 LINDSTROM, AMANDA 174.68 dd 03/26/04 MARTINEZ, AMY 42.75 dd 03/26/04 MARUSKA, ERICA 195.70 dd 03/26/04 OVERBY, ANNA 74.60 dd 03/26/04 SCHAEFER, ROB 94.25 dd 03/26/04 SCHULTZ, PETER 41.10 dd 03/26/04 SHAW, KRISTINA 32.38 dd 03/26/04 SIMONSON, JUSTIN 45.65 dd 03/26/04 SMITH, ANN 18.00 dd 03/26/04 TUPY, HEIDE 126.10 dd 03/26/04 TUPY, MARCUS 318.48 dd 03/26/04 GROPPOLI, LINDA 376.13 dd 03/26/04 KURKOSKI, STEPHANIE 54.25 dd 03/26/04 BEHAN, JAMES 1,668.76 dd 03/26/04 CRAWFORD - JR, RAYMOND 390.45 dd 03/26/04 LONETTI, JAMES 990.61 dd 03/26/04 MILES, LAURA 133.00 dd 03/26/04 PATTERSON, ALBERT 976.36 dd 03/26/04 PRINS, KELLY 919.01 dd 03/26/04 REILLY, MICHAEL 1,505.24 dd 03/26/04 STEINHORST, JEFFREY 162.75 dd 03/26/04 AICHELE, CRAIG 1,820.76 dd 03/26/04 PRIEM, STEVEN 2,008.44 dd 03/26/04 BERGO, CHAD 2,071.54 dd 03/26/04 FOWLDS, MYCHAL 2,019.26 dd 03/26/04 HURLEY, STEPHEN 3,916.74 dd 03/26/04 ARNOLD, DAVID - dd 03/26/04 BECKER, RONALD - dd 03/26/04 BURKE, MYLES - dd 03/26/04 CAHANES, ANTHONY - dd 03/26/04 CLAUSON, DALE - dd 03/26/04 DREGER, RICHARD - dd 03/26/04 ELIAS, JAMES - dd 03/26/04 EMBERTSON, JAMES - dd 03/26/04 HALWEG, KEVIN - dd 03/26/04 MARTINSON, CAROL - dd 03/26/04 MEEHAN, JAMES - 18 dd 03/26/04 MELANDER, JON - dd 03/26/04 MOESCHTER, RICHARD - dd 03/26/04 MORELLI, RAYMOND - dd 03/26/04 NELSON, CAROL - dd 03/26/04 OSTROM, MARJORIE - dd 03/26/04 ROSSMAN, DAVID - dd 03/26/04 RYAN, MICHAEL - dd 03/26/04 SKALMAN, DON - dd 03/26/04 STAFNE, GREG - dd 03/26/04 STOCKTON, DERRELL - dd 03/26/04 URBANSKI, HOLLY - dd 03/26/04 VIETOR, LORRAINE - dd 03/26/04 VORWERK, ROBERT - dd 03/26/04 WINGER, DONALD - wf 96926 03/26/04 CARDINAL, ROBERT 406.78 wf 96927 03/26/04 MONAHAN-JITNEK, JACQUELINE 358.00 wf 96928 03/26/04 ROSSBACH, WILLIAM 358.00 wf 96929 03/26/04 INGVOLDSTAD, CURTIS 100.00 wf 96930 03/26/04 JAHN, DAVID 1,545.87 wf 96931 03/26/04 MALDONADO, JUANA 684.51 wf 96932 03/26/04 MORIN, TROY 208.25 wf 96933 03/26/04 MATHEYS, ALANA 1,847.41 wf 96934 03/26/04 GENNOW, PAMELA 633.75 wf 96935 03/26/04 HANSEN, LORI 1,598.85 wf 96936 03/26/04 PALANK, MARY 1,639.70 wf 96937 03/26/04 RICHIE, CAROLE 1,615.32 wf 96938 03/26/04 SVENDSEN, JOANNE 1,750.13 wf 96939 03/26/04 SHORTREED, MICHAEL 2,651.91 wf 96940 03/26/04 STEINER, JOSEPH 459.00 wf 96941 03/26/04 WELCHLIN, CABOT 2,899.90 wf 96942 03/26/04 HALWEG, KEVIN 160.00 wf 96943 03/26/04 MELANDER, JON 128.00 wf 96944 03/26/04 FREBERG, RONALD 1,850.09 wf 96945 03/26/04 EDSON, DAVID 1,820.09 wf 96946 03/26/04 HELEY, ROLAND 1,822.31 wf 96947 03/26/04 HINNENKAMP, GARY 1,800.08 wf 96948 03/26/04 LINDORFF, DENNIS 1,790.49 wf 96949 03/26/04 NOVAK, MICHAEL 1,669.24 wf 96950 03/26/04 BERGREN, KIRSTEN 60.50 wf 96951 03/26/04 GERNES, CAROLE 350.00 wf 96952 03/26/04 SOUTTER, CHRISTINE 364.50 wf 96953 03/26/04 ADAMS, CAILIN 60.00 wf 96954 03/26/04 ANZALDI, KALI 448.25 wf 96955 03/26/04 CONLIN, NICOLE 100.00 wf 96956 03/26/04 DRESSEN, EMILY 32.00 wf 96957 03/26/04 FRANK, SARAH 153.25 wf 96958 03/26/04 FREYBERGER, RACHEL 228.00 wf 96959 03/26/04 GARVEY, ADAM 30.75 wf 96960 03/26/04 GEBHARD, MADELINE 216.00 wf 96961 03/26/04 GORE, MICHAEL 33.75 wf 96962 03/26/04 GRAF, ASHLEY 20.25 wf 96963 03/26/04 HAWKENSON, HANNAH 150.00 wf 96964 03/26/04 HORNER, KIMBERLY 30.75 wf 96965 03/26/04 JOHNSON, ALEXANDER 30.00 wf 96966 03/26/04 KLEM, JOSH 80.00 wf 96967 03/26/04 LIUKONEN, SHAWN 26.00 wf 96968 03/26/04 MARTINUCCI, KAITLIN 20.25 wf 96969 03/26/04 MILK, KYLE 46.00 19 wf 96970 03/26/04 NIELSEN, ABBY 102.50 wf 96971 03/26/04 ROME, JESSICA 110.00 wf 96972 03/26/04 RYDEL, RACHEL 138.75 wf 96973 03/26/04 SHOBERG, KARI 84.56 wf 96974 03/26/04 SIKORA, JACOB 33.75 wf 96975 03/26/04 TARR-JR, GUS 68.00 wf 96976 03/26/04 WALSH, JESSICA 100.00 wf 96977 03/26/04 WERNER, KATIE 301.75 wf 96978 03/26/04 GERMAIN, DAVID 1,794.93 wf 96979 03/26/04 HAAG, MARK 1,669.24 wf 96980 03/26/04 NADEAU, EDWARD 2,722.50 wf 96981 03/26/04 BROWN, LAURIE 308.00 wf 96982 03/26/04 DISKERUD, HEATHER 263.50 wf 96983 03/26/04 DOAN, ANDREW 108.28 wf 96984 03/26/04 GLASS, JEAN 1,420.55 wf 96985 03/26/04 MOY, PAMELA 397.12 wf 96986 03/26/04 TOLBERT, FRANCINE 280.00 wf 96987 03/26/04 LINGER, MARGARET 488.49 wf 96988 03/26/04 WEISMANN, JENNIFER 116.66 wf 96989 03/26/04 ANDERSON, CALEB 71.93 wf 96990 03/26/04 BOTHWELL, KRISTIN 176.44 wf 96991 03/26/04 COSTA, JOSEPH 42.30 wf 96992 03/26/04 DEMPSEY, BETH 86.40 wf 96993 03/26/04 DIERICH, ANDREA 151.80 wf 96994 03/26/04 DUNN, RYAN 248.67 wf 96995 03/26/04 ESTRADA, KIEL 166.00 wf 96996 03/26/04 FENGER, JUSTIN 56.35 wf 96997 03/26/04 FONTAINE, KIM 480.92 wf 96998 03/26/04 GRANT, MELISSA 154.00 wf 96999 03/26/04 GRUENHAGEN, LINDA 443.50 wf 97000 03/26/04 HOLMGREN, LEAH 22.00 wf 97001 03/26/04 HOULE, DENISE 129.30 wf 97002 03/26/04 JOHNSON, ROBERT 565.60 wf 97003 03/26/04 JOYER, MARTI 19.00 wf 97004 03/26/04 KERSCHNER, JOLENE 209.51 wf 97005 03/26/04 KROLL, MARK 123.75 wf 97006 03/26/04 MOSSONG, ANDREA 132.40 wf 97007 03/26/04 OTTESON, JANET 420.05 wf 97008 03/26/04 PEHOSKI, JOEL 109.83 wf 97009 03/26/04 PROESCH, ANDY 178.58 wf 97010 03/26/04 RODEN, JASON 57.35 wf 97011 03/26/04 SMITLEY, SHARON 266.40 wf 97012 03/26/04 VANG, VICTORIA 19.80 wf 97013 03/26/04 WARNER, CAROLYN 185.60 wf 97014 03/26/04 WELTER, ELIZABETH 62.25 wf 97015 03/26/04 WHITE, NICOLE 490.62 wf 97016 03/26/04 WOODMAN, ALICE 103.50 wf 97017 03/26/04 BOSLEY, CAROL 269.18 wf 97018 03/26/04 HAGSTROM, EMILY 12.00 wf 97019 03/26/04 HANSEN, ANNA 90.00 wf 97020 03/26/04 NORLIN, AMANDA 45.00 wf 97021 03/26/04 ODDEN, JESSICA 58.50 wf 97022 03/26/04 OIE, REBECCA 32.50 wf 97023 03/26/04 QUINN, KELLY 21.00 wf 97024 03/26/04 SATTLER, MELINDA 67.50 wf 97025 03/26/04 VAN HALE, PAULA 91.00 wf 97026 03/26/04 COLLINS, ASHLEY 149.85 wf 97027 03/26/04 DOUGLASS, TOM 931.56 20 wf 97028 03/26/04 HER, CHONG 116.80 wf 97029 03/26/04 NAGEL, BROOKE 172.90 wf 97030 03/26/04 NEWCOMB, GENNA 161.93 wf 97031 03/26/04 O'GRADY, ZACHARY 167.91 wf 97032 03/26/04 RHODE, ERIC 410.65 wf 97033 03/26/04 SCHULZE, BRIAN 457.20 wf 97034 03/26/04 VERDELL, TRAQUEZ 59.85 wf 97035 03/26/04 ZIEMER, NICOLE 242.53 wf 97036 03/26/04 M[JLVANEY, DENNIS 1,967.73 409,790.24 21 AGENDA NO. G2 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Budget Change for Audit Fees DATE: April 7, 2004 In prior years the Finance Department allocated annual audit fees to the General Fund, Capital Project Funds, Enterprise Funds, and Internal Service Funds based on an hour allocation report supplied by our auditors and the amount expended from each fund during the year. It is no longer feasible to produce this hour allocation report and due to recent accounting changes, the amount expended during a year does not relate to the amount of time spent on a fund during the audit process. It is recommended that the annual audit fees be financed through the Finance Department budget in the General Fund. The 2004 budget for the General Fund includes $14,520 for audit fees. The total audit fee cost will be $24,000. It is recommended that the Council approve a budget adjustment of $9,480 to account for this change. P\agn\auditFeesbudget.doc AGENDA NO. G3 AGENDA REPORT TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director RE: Cafeteria Plan DATE: March 22, 2004 We recently updated our Master Plan Document to incorporate law changes (including HIPAA) and to clarify some legal issues in the document. This document is the Master Plan Document for our Healthcare Flex Plan and Childcare Reimbursement program and also provides for payment of health and welfare premiums with pretax dollars. The plan is intended to comply with Sections 105, 79, 125 and 129 of the Internal Revenue Code of 1986, as amended. RECOMMENDATION It is recommended that the City Council adopt the attached Master Plan Document retroactive to October 1, 2003. "n ' ~, '' - 't MASTER PLAN DOCUMENT Effective October 1, 1994 Amended and Restated Effective October 1, 2003 TABLE OF CONTENTS PAGE Article 1. The Plan .....................................................................................................................1 Section 1.1 Establishment ...............................................................................................1 Section 1.2 Purpose ........................................................................................................1 Article 2. Definitions .................................................................................................................. l Section 2.1 Definitions ...................................................................................................1 Section 2.2 Gender and Number .....................................................................................4 Article 3. Eligibility and Participation Conditions ......................................................................5 Section 3.1 Participation Conditions ...............................................................................5 Section 3.2 Application to Participate .............................................................................5 Section 3.3 Commencement of Participation ...................................................................5 Section 3.4 Continuation Covera~e .................................................................................5 Section 3.5 Family or Medical Leaves ............................................................................6 Section 3.6 Qualified Medical Child Support Orders .......................................................6 Section 3.7 Rights Upon Reemployment After Military Leave of Absence .....................7 Article 4. Plan Contributions and Benefit Costs ..........................................................................8 Section 4.1 Benefit Costs ................................................................................................8 Section 4.2 Pay Conversion Contributions .................................................................... ..8 Section 4.3 Benefit Selection ........................................................................................ ..8 Section 4.4 Revocation or Changes in Benefit Elections ............................................... ..9 Section 4.5 Termination of Employment ....................................................................... ..9 Section 4.6 Cessation of Required Contributions .......................................................... ..9 Section 4.7 Adjustments to Prevent Discrimination ....................................................... 10 Section 4.8 Available Benefits ...................................................................................... 10 Article 5. Plan Benefits ............................................................................................................10 Section 5.1 Available Benefits ......................................................................................10 Section 5.2 Benefits ......................................................................................................10 5.2.1 Health Covera~e ...........................................................................10 5.2.2 Medical Reimbursement ...............................................................11 5.2.3 Dependent Care Reimbursement ...................................................13 5.2.4 Dental Covera~e ...........................................................................15 5.2.5 Life Insurance Covera~e ...............................................................15 Section 5.3 Taxable Cash Compensation ......................................................................15 i City of Maplewood MPD Article 6. Claims Procedure ......................................................................................................15 Section 6.1 Claim for Benefits ......................................................................................15 Section 6.2 Claims Procedure .......................................................................................15 Article 7. Administration and Finances .....................................................................................15 Section 7.1 Administration ........................................................................................... 15 Section 7.2 Delegation .................................................................................................. 16 Section 7.3 Reports and Records ................................................................................... 16 Section 7.4 Actions of the City ..................................................................................... 16 Section 7.5 Finances ..................................................................................................... 16 Section 7.6 Indemnification .......................................................................................... 16 Article 8. Amendments and Termination ..................................................................................17 Section 8.1 Amendments ..............................................................................................17 Section 8.2 Benefits Provided through Third Parties .....................................................17 Section 8.3 Termination ................................................................................................17 Article 9. Miscellaneous ...........................................................................................................17 Section 9.1 No Guaranty of EmPloyment ......................................................................17 Section 9.2 Limitation on Liability ...............................................................................17 Section 9.3 Non-Alienation ...........................................................................................17 Section 9.4 Applicable Law ..........................................................................................17 Section 9.5 Benefits Provided Through Third Parties ....................................................17 11 City of Maplewood MPD '~ Effective October 1, 1994 Amended and Restated Effective October 1, 2003 Article 1. The Plan Section 1.1 Establishment. City of Maplewood (hereinafter the "City"), hereby amends and restates, effective October 1, 2003, the City of Maplewood Cafeteria Benefits Plan (the "Plan"), which is a plan of flexible compensation for the exclusive benefit of Eligible Employees of the City. Section 1.2 Purpose. The purpose of the Plan is to increase the social insurance protection of Eligible Employees by making available to those employees different combinations of medical benefits, dental care benefits, life insurance benefits, dependent care benefits and direct compensation. The Plan is intended to comply with the provisions of Sections 105 (accident and health plans), 79 (group term life plans), 125 (cafeteria plans) and 129 (dependent care plans) of the Internal Revenue Code of 1986, as amended. Article 2. Definitions Section 2.1 Definitions. Whenever used in the Plan, the following words and phrases shall have the meanings set forth below unless the context plainly requires a different meaning, and when the defined meaning is intended, the term is capitalized: (a) "Code" means the Internal Revenue Code of 1986, as amended, and any successor tax code. References to a Code section shall be to that section as it now exists and to any successor provision. (b) "Cit 'means City of Maplewood. (c) "Compensation" of a Participant means the total base salary or wages paid to an employee including vacation pay, sick pay, and holiday pay. (d) "Dependent" means an individual who qualifies as a dependent under the terms of Section 152 of the Code. (e) "Effective Date" means the effective date of this amendment and restatement, which is October 1, 2003. (f) "Eligible Employee" for the premium portion of the Plan, employees must be on payroll at least thirty (30) or more hours per week and be eligible for the City's group health plan. For the medical reimbursement portion of this Plan, employees must be fizll- time and eligible for the City's group health plan.; for the dependent care reimbursement portion of this Plan means a fizll-time or part-time employee of the City who is employed in the United States, and who is regularly scheduled to work a minimum of fifteen (15) hours per week. (g) "Employment Related Dependent Care Expense" means an "employment-related expense," as defined in Section 21(b) of the Code. As of l City of Maplewood NIhD the Effective Date of the Plan, this means an amount paid for expenses of a Participant for household services or for the care of a Qualifying Individual, to the extent that such expenses are incurred to enable the Participant to be gainfully employed, within the meaning of Section 21(b)(2) of the Code, for any period for which there are one (1) or more Qualifying Individuals with respect to such Participant; provided, however, that (i) if such amounts are paid for expenses incurred outside the Participant's household, they shall constitute Employment Related Dependent Care Expenses only if incurred for a Qualifying Individual who is a Dependent under the age of thirteen (13) for whom the Participant is entitled to an exemption under Section 151(c) of the Code or for a Qualifying Individual who regularly spends at least eight (8) hours per day in the Participant's household; (ii) if the expense is incurred outside the Participant's home at a facility that provides care for more than six (6) individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (iii) Employment Related Dependent Care Expenses of a Participant shall not include amounts paid or incurred for services provided by (A) a child of such Participant who is under the age of nineteen (19) or (B) an individual who is a Dependent of that Participant or the Participant's spouse. (i) "Medical Care" means the diagnosis, cure, mitigation, treatment, or prevention of sickness, injury, or physical or mental defect. Expenses for Medical Care shall consist of expenses for medical care as defined in Sections 213(d)(1)(A) and (B) of the Code, and shall include, but not be limited to, payments for the purpose of affecting any structure or function of the body, for any hospital or nursing charges, optometrical, ophthalmological, or auditory care, dental care, psychiatric care, prescription drugs, insulin, eyeglasses, hearing aid appliances, and similar prosthetic devices, and medical related transportation expense; provided, however, that Medical Care shall not include any cosmetic procedure that is not medically necessary. (j) "Payment and Health Care Operations" Payment means activities undertaken by the plan sponsor to obtain premiums or determine or fulfill its responsibility for coverage and provisions of plan benefits that relate to an individual to whom health care is provided. Payment activities include, but are not limited to, the following: i. Eligibility determinations, coverage and cost determinations including co-pays, plan maximums, and sharing of premium amounts; ii. Coordination of benefits determinations; iii. Adjudication of health benefits claims including appeals and other payment disputes; iv. Establishing employee contributions; v. Subrogation of health benefit claims; vi. Billing and collection activities related to health care data processing vii. Obtaining payment under a contract for reinsurance including stop- loss and excess of loss insurance; 2 City of Maplewood NIhD viii. Claims management and related health care data processing including auditing payments, investigating and resolving payment disputes, and responding to participant inquiries regarding payment; ix. Medical necessity reviews or reviews of appropriateness of care or justification of charges; x. Utilization review, including precertification, preauthorization, concurrent review, and retrospective review; xi. Disclosure to consumer reporting agencies related to the collection of premiums or reimbursement. The following protected health information (PHI) may be disclosed for payment purposes; date of birth, Social Security Number (except where prohibited by state law), payment history, account number and name, and address of the health care provider or health plan; xii. Reimbursement to the plan. Health care operations include, but are not limited to the following: i. Quality assessment; ii. Population-based activities relating to improving health care or reducing health care costs, protocol development, case management and care coordination, disease management, contacting health care providers and patients with information about treatment alternatives and related functions; iii. Rating provider and plan performance, including accreditation, certification, licensing or credentialing activities; iv. Underwriting, premium rating and other activities related to the creations, renewal or replacement of a contract of health insurance or health benefits, and ceding, securing or placing a contract for reinsurance of risk relating to health care claims including stop-loss insurance and excess of loss insurance; v. Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs; vi. Business planning and development, such as conducting cost- management and planning-related analyses related to management and operating the plan, including formulary development and administration, development or improvement of payment or coverage policies; vii. Business management and general administrative activities of the plan, including, but not limited to: a. Management activities relating to the implementation of and compliance with HIPAA privacy rules and Administrative Simplification requirements, or b. Customer service, including the provision of data analysis for policyholders, plan sponsors, or other customers; viii. Resolution of internal grievances; and Due diligence in connection with the sale or transfer of assets to a potential successor in interest, if the potential successor in interest is a "covered entity" subject to the HIPAA privacy rules or, following completion of the sale or transfer, will become a covered entity subject to the HIPAA privacy rules. (k) "Participant" means an Eligible Employee of the City who has satisfied the participation conditions of Article 3. A person who becomes a Participant shall remain a Participant until all benefits due the Participant under 3 City of Maplewood NIhD the provisions of the Plan have been paid to the Participant or otherwise have been satisfied. (1) "Period of Coverage," with respect to any Plan Year, means the Plan Year; provided that, (i) for any Eligible Employee who becomes a Participant a$er the start of a Plan Year, the Period of Coverage shall mean the period commencing on the effective date of the Eligible Employee's participation, (ii) the Period of Coverage for any Participant shall end upon termination of employment or the Participant ceasing to be an Eligible Employee, except (A) with respect to dependent care reimbursement coverage under paragraph 5.2.3 or (B), in the case of medical reimbursement coverage under paragraph 5.2.2, if the Employee continues coverage in a manner consistent with this Plan, and (iii) with respect to medical reimbursement coverage under paragraph 5.2.2, the Period of Coverage shall not include any portion of the Plan Year for which the Participant does not pay the applicable Medical Reimbursement Charge. (m) "Plan" means the "City of Maplewood Cafeteria Benefits Plan" as set forth herein and as amended or restated from time to time. (n) "Plan Year" means the twelve-month period ending September 30. (o) "Qualifying IndividuaP' means a "qualifying individuaP' as defined in Section 21(b) of the Code, which includes, on the Effective Date of this Plan, (i) a Dependent of a Participant who is under the age of thirteen (13), with respect to whom the Participant is entitled to an exemption under Section 151(c) of the Code, and (ii) a Participant's Dependent or spouse who is physically or mentally incapable of caring for himself or herself. (p) "Status Change" with respect to a Participant means a change in the Participant's marital status or number of Dependents, a commencement or termination of employment of a Participant's spouse, a change in the employment status of the Participant or the Participant's spouse from full-time to part-time or vice versa, an unpaid leave of absence of the Participant or the Participant's spouse, or a significant change in the cost of dependent care, a Family or Medical Leave as described in Section 3.5, a significant change in the health coverage of the Participant or the Participant's spouse that is beyond the control of the Participant or the Participant's spouse and is related to the employment of Participant's spouse, or such other changes in circumstances that the City administratively defines as Status Changes, so long as any such definition is consistent with applicable law and regulations and is applicable to Participants on a uniform basis. Section 2.2 Gender and Number. Pronoun references in the Plan shall be deemed to be of any gender relevant to the context, and words used in the singular may also include the plural. 4 City of Maplewood NIhD Article 3. Eligibility and Participation Conditions Section 3.1 Participation Conditions. As a condition to participation and receipt of benefits under this Plan, an Eligible Employee agrees to: (a) To comply with the provisions in 3.2 (a); (b) Furnish to the City the application to participate provided for in Section 3.2 (b); (c) Designate a portion of his/her Compensation as Pay Conversion Contributions in accordance with the provisions of Section 4.2; (d) Observe all rules and regulations implementing this Plan; (e) Consent to inquiries by the City with respect to any physician, hospital, or other provider of Medical Care or other services involved in a claim under this Plan; and (f) Submit to the City, or such other agent as the City may designate, all reports, bills, and other information which the City may reasonably require. Section 3.2 Application to Participate. (a) Eligible Employees that have elected to participate in the City's health, life and/or dental plan(s) shall be deemed to have elected to participate in the premium portion of this Plan and to have the employee portion of the premiums for coverage under the City's health, life and/or dental plan(s) paid for on a pre-tax basis under this Plan. Because the City utilizes this automatic election feature, Eligible Employees shall have the right to waive participation in the City's health, life and/or dental plan(s) and, take any contributions they would have made, as taxable cash compensation. (b) As a condition of participation, in the medical reimbursement and/or dependent care reimbursement portions of this Plan, each Eligible Employee shall execute and deliver to the City within thirty (30) days of becoming Eligible for the Plan, a written and signed application by which the Eligible Employee applies to participate in the medical reimbursement and/or dependent care reimbursement portions of this Plan, designates the required amount of Compensation for the Plan Year in question as Pay Conversion Contributions as described in Section 4.2, and supplies any other pertinent information that the City reasonably requires. Section 3.3 Commencement of Participation. An eligible employee may become a Participant in the premium and medical reimbursement portions of this Plan on the first day they are eligible to participate in the City's health, life and/or dental plan(s) and have completed the applicable requirements listed in section 3.2. An employee may become a Participant in the dependent care reimbursement portion of this Plan on the first day they are eligible to the first day they are eligible to participate and have completed the applicable requirements listed in section 3.2. Section 3.4 Continuation Coverage. A Participant whose employment is terminated or who takes a leave of absence, including a Family or Medical Leave under Section 3.5 or a military leave as defined in Section 3.7 shall be entitled to continue coverage as provided in this S City of Maplewood MPD Plan or as may otherwise be required by applicable law. Other persons shall be entitled to commence or continue coverage as required by applicable law. Section 3.5 Family or Medical Leaves. If the Family and Medical Leave Act of 1993 applies to the City and a Participant takes a Family or Medical Leave as those terms are defined under the Family and Medical Leave Act of 1993, the Participant may continue to participate in this Plan consistent with one of the following provisions: (a) the Participant shall agree to make all required contributions for the benefits he or she has selected under the Plan on an a$er-tax basis during the Family or Medical Leave at such times as the City may require pursuant to reasonable rules established by the City, or (b) prior to the beginning of such leave, the Participant shall pay all contributions required for the benefits he or she has selected under the Plan for the duration of the leave, (i) on an a$er-tax basis or, (ii) if the Participant has Compensation from which such payment may be deducted, on a pre-tax basis but only through the end of the Plan Year. Notwithstanding the foregoing, if the City continues to provide or maintain coverage under any benefit selected by a Participant during a Family or Medical Leave in circumstances where the Participant has elected to continue such coverage and has not made the required contributions during their Family or Medical Leave, the City shall have the right to recover the cost of such coverage from the Participant's Compensation upon return from Family or Medical Leave, or, if the participant does not return, at the end of the Family or Medical Leave to the fullest extent authorized by the Family and Medical Leave Act of 1993 and pursuant to any method authorized by the Family and Medical Leave Act of 1993. Section 3.6 Qualified Medical Child Support Orders. (a) Procedures. The City shall establish reasonable procedures to determine the qualified status of Medical Child Support Orders ("Orders"), and to administer the provision of benefits under such Orders. Such procedures shall be in writing and shall be deemed a part hereof. When the City receives an Order, it shall promptly notify the Participant, and each Alternate Recipient of the receipt of such Order and the Plan's procedures for determining the qualified status of such Orders. Such notice shall be in writing and shall be mailed to each person entitled to notice at the address included in the Order. An Alternate Recipient may designate a representative for receipt of copies of any and all notices either in the Order or by a writing addressed to the City. Within a reasonable period a$er receipt of such Order, the City shall determine whether such Order is a Qualified Medical Child Support Order and notify the Participant and each Alternate Recipient (or his or her designee) of such determination. (b) Definitions. For purposes of this section, the following terms have the following meanings: (i) "Medical Child Support Order" means any judgment, decree or order (including approval of a settlement agreement) issued by a court of competent jurisdiction which (i) provides for child support with respect to a child of a Participant City of Maplewood NIhD under the Plan or provides for health benefits coverage to such a child, is made pursuant to a State domestic relations law (including a community property law), and relates (or arguably may relate) to benefits under the Plan or (ii) enforces a law relating to medical child support described in Section 1908 of the Social Security Act with respect to the Plan. (ii) "Alternate Recipient" means any child of a Participant who is recognized under a Medical Child Support Order as having a right to enrollment or benefits under the Plan with respect to such Participant. (iii) "Qualified Medical Child Support Order" means a medical child support order which (i) creates or recognizes the existence of an Alternate Recipient's right to, or assigns to an Alternate Recipient the right to receive benefits for which a Participant or beneficiary is eligible under the Plan, (ii) clearly specifies (A) the name and the last known mailing address (if any) of the Participant and the name and address of each Alternate Recipient covered by the Order, (B) a reasonable description of the type of coverage to be provided by the Plan and each such Alternate Recipient, or the manner in which such type of coverage is to be determined, (C) the period to which such period applies, and (D) each plan to which such order applies, and (iii) does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, except to the extent necessary to meet the requirements of the law relating to medical child support described in Section 1908 of the Social Security Act. Section 3.7 Rights Upon Reemployment After Military Leave of Absence. A Participant whose coverage under a "Health Plan" (as that term is defined under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") offered through this Plan was terminated during a military leave of absence (as defined under USERRA), shall be entitled to reinstate coverage under such Health Plan consistent with the USERRA. '] City of Maplewood NIhD Article 4. Plan Contributions and Benefit Costs Section 4.1 Benefit Costs. The cost of any benefit elected by a Participant shall be paid for through Pay Conversion Contributions as described below. Section 4.2 Pay Conversion Contributions. Each Participant shall designate a portion of the Participant's Compensation as Pay Conversion Contributions to cover the employee cost of all benefits that are elected by the Participant under this Plan, other than those that may be paid for by any employer contributions available to such Participant under Section 4.3. Except as otherwise provided by the City, Pay Conversion Contributions shall reduce the Participant's Compensation ratably on each day during the Plan Year following the effective date of the Participant's participation. The election to participate in the City sponsored health, life and/or dental plan(s) shall authorize the appropriate payroll deductions. Section 4.3 Benefit Selection. A Participant's initial benefit election shall be made as part of the application to participate. Thereafter, subject to such reasonable restrictions, if any, as the City may impose on a uniform basis, a Participant may change his or her election for a subsequent Plan Year by providing written notice to the City, on forms prescribed by the City and at such time as is prescribed by the City, to elect or waive participation in the City sponsored health, life and/or dental plan(s). The City or any provider of benefits hereunder may impose restrictions on the election of benefits under the Plan. The City utilizes an "automatic election" for the health, life and dental plan premium contributions. An automatic election assumes that the Participant desires to make premium contributions on a pre-tax basis. Because the City utilizes this automatic election feature, Eligible Employees shall have the right to waive participation in the City's health, life and/or dental plan(s) and, take any contributions they would have made, as taxable cash compensation. Automatic elections shall not be used for medical expense reimbursement under Section 5.2.2 or dependent care reimbursement under Section 5.2.3. The election to participate in the City sponsored health, life and/or dental plan(s) shall authorize the appropriate payroll deductions. $ City of Maplewood NIhD Section 4.4 Revocation or Changes in Benefit Elections. A Participant's benefit election for any Plan Year shall be irrevocable during the Plan Year, except that (a) the City may limit or reduce a Participant's contributions allocable to certain benefits in accordance with Section 4.8, and (b), if there is a Status Change, a Participant shall be entitled to change the Participant's election of benefits in a manner that is consistent with the Status Change by providing written notice thereof to the City, on a form prescribed by the City, either prior to or after the Status Change, but not later than thirty (30) days after the occurrence of the Status Change; provided, however, that a Participant may not make any change that would reduce the Participant's level of medical reimbursement coverage under paragraph 5.2.2 to an amount that would be less than the amount of benefits claimed under such coverage as of the date the change would become effective. Any such change shall be effective for the first pay period for which the City can process the change, or, if later, the actual date of the Status Change. Notwithstanding the foregoing, any Participant whose benefit election has been revoked for such Plan Year pursuant to Section 4.6 below shall be entitled to make a new benefit election for such Plan Year, consistent with the law relating to such re-instatement or re-enrollment, and a Participant who has elected to pay for a benefit solely through after-tax payroll deductions rather than through Pay Conversion Contributions, if permitted by the City, may make election changes with respect to such benefit in accordance with rules established by the City. If there is a change in cost of coverage for a benefit provided by an independent third party, the City may, on a reasonable and consistent basis, automatically adjust the Participant's election and automatically increase or decrease, as the case may be, all affected Participant's Pay Conversion Contributions. To the extent provided by the City on a uniform basis, if coverage under a health, life and/or dental plan provided by an independent third party is significantly curtailed or ceases during a Period of Coverage, affected Participants may revoke their elections under such health, life and/or dental plan, and, in lieu thereof, elect to receive on a prospective basis coverage under another health, life and/or dental plan with similar coverage. Section 4.5 Termination of Employment. In the event of the termination of a Participant's employment, the Participant's Pay Conversion Contributions and employer contributions, if any, will cease at such time as the Participant ceases to receive Compensation for employment services. To the extent permitted under Section 3.4 or Section 3.5 such a Participant may elect to continue to make contributions for benefits under this Plan other than through Pay Conversion Contributions. Except as provided in Section 3.5 or Section 3.7, if the Participant should return to service with the City during the Plan Year, the Participant may make a new benefit election for the remaining portion of the Plan Year, or under certain circumstances may be permitted by the City to be re-instated to their previous election. All re-instatements or re-enrollments must be consistent to the related law. Section 4.6 Cessation of Required Contributions. A Participant's election to receive a benefit under this Plan shall be automatically revoked effective the first day of any period for which such Participant fails to make a contribution required by the City for such benefit for such period. 9 City of Maplewood NIhD Section 4.7 Adjustments to Prevent Discrimination. If the City believes that the Plan or any of its benefits might otherwise be deemed discriminatory under any provision of the Code, it may, in its absolute discretion, limit or reduce the amount of employer contributions, if any, and Pay Conversion Contributions of such Participants allocable to such benefits described herein in such amounts as are necessary, in its good faith judgment, to avoid such discrimination; provided that any such limitation imposed by the City shall apply on a uniform basis among the affected Participants. Section 4.8 Available Benefits. The City shall maintain and make available to Participants accurate lists and descriptions of the respective types, amounts, and costs of benefits available through the Plan. Each Participant shall be notified in writing if there is (a) a change in the cost of a benefit or (b) a change in the type, nature, or amount of any benefit. Article 5. Plan Benefits Section 5.1 Available Benefits. Except as otherwise provided in this Article, and subject to any open enrollment or other provisions of contracts with third party benefit providers, a Participant may use Pay Conversion Contributions to pay for the benefits described in Section 5.2 that the Participant has elected to receive. Benefits shall be provided under such insurance policies, plans, programs or other arrangements as obtained or established by the City. All benefits are subject to the terms and conditions of the plans, policies, programs or other arrangements obtained or established by the City to fund or provide those benefits. Section 5.2 Benefits. 5.2.1 Health Coverage. Payment of the employee cost of single or family coverage under the City of Maplewood Health Plan and under such policies or programs as the City elects to make available to the Participant. 10 City of Maplewood NIhD 5.2.2 Medical Reimbursement. A Participant may elect to receive medical reimbursement benefits under the terms and conditions of this paragraph 5.2.2. (a) Medical Reimbursement Coverage. Participants may elect to receive medical reimbursement coverage of up to a maximum coverage of Three Thousand Dollars ($3,000) per Plan Year. (c) Medical Reimbursement Benefits. Subject to limitations contained in other provisions of this Plan, a Participant who incurs expenses for Medical Care attributable to the Participant or the Participant's spouse or Dependents during the Participant's Period of Coverage for a Plan Year shall be entitled to receive from the City full reimbursement for the entire amount of such expenses to the extent of the maximum amount of coverage elected by the Participant for that Plan Year. The City shall pay all such expenses to the Participant upon the presentation of documentation of such expenses in a form prescribed by the City, which shall include satisfactory third parry evidence of the amount of the expense and the date(s) incurred. In addition, upon presentation of a claim, a Participant shall expressly represent that the item for which a claim is made is not subject to reimbursement under any policy described in paragraph 5.2.2(d) or from any other source. In its discretion, the City may pay any of such expenses directly, in which event it shall be relieved of all further responsibility with respect to that particular expense. These expenses shall be paid periodically during the Plan Year upon receipt of a claim complying with Plan requirements, and no later than ninety (90) days following the close of a Plan Year upon receipt of a claim (no minimum) complying with Plan requirements. (d) Limitations on Medical Reimbursement Benefits. Anything in the Plan to the contrary notwithstanding, no Participant shall be entitled to benefits under this paragraph 5.2.2: (i) In the event and to the extent that the reimbursement or payment is covered under any insurance policy or policies, whether paid for by the City or the Participant, or under any other health and accident plan by whomever maintained. If there is such a policy or plan in effect providing for reimbursement or payment, in whole or in part, then to the extent of the coverage under that policy or plan, the Plan shall be relieved of any liability; or (ii) To the extent that the expense has been submitted for reimbursement from the Participant's Dependent Care Reimbursement Account. 11 City of Maplewood MPD (e) Forfeiture of Unused Benefits. If, following the final payment of reimbursement benefits for eligible expenses incurred during the Period of Coverage for any Plan Year, any amount remains in a Participant's Medical Reimbursement Account for that Plan Year, the Participant shall forfeit such amount to the City, and shall have no further claim to that amount. (f) Separate Written Plan. For purposes of the Code, paragraph 5.2.2 shall constitute a separate written plan providing for the reimbursement of Medical Care expenses. To the extent necessary, other provisions of the Plan are incorporated by reference in paragraph 5.2.2. (g) HIPAA Privacy. Definitions of capitalized terms in this paragraph are taken from the statute and regulations of the Health Insurance Portability and Accountability Act of 1996 found in 45 CFR § 164.501 et al. The HIPAA Privacy Rules stated in this section will become effective for the Plan when required under the applicable statutes and regulations. Therefore, the effective date could be as soon as April 14, 2003, or maybe April 14, 2004 if the Plan is a small plan as defined under the regulations found in 45 CFR § 164.501 et al., or the effective date may be further changed by the appropriate government agency. Additionally, definitions of capitalized terms in this paragraph are taken from the statute and regulations of the Health Insurance Portability and Accountability Act of 1996, cited above. The plan will use and disclose "protected health information" (PHI) for purposes related to health care treatment, payment for health care services, and health care operations. The plan will use or disclose PHI for any other purpose only upon receipt of an authorization from the individual. The Plan will not disclose "protected health information" (PHI) to the plan sponsor until the Plan has received certification from the plan sponsor that the plan documents have been amended to incorporate the following provisions: As plan sponsor the City agrees to (i) not use or further disclose "protected health information" (PHI) other than as permitted or required by the plan document or as required by law; (ii) ensure that any agents, including a subcontractor, to whom it provides PHI agree to the same restrictions and conditions that apply to the plan sponsor with respect to PHI; (iii) not use or disclose the PHI for employment- related actions and decisions or in connection with any other benefit or employee benefit plan of the City; (iv) be vigilant of any use or disclosure of PHI and report to the plan any use or disclosure that is inconsistent with the permitted or required uses or disclosures; 12 City of Maplewood MPD (v) make available PHI to individuals; (vi) provide individuals with the opportunity to amend PHI; (vii) provide individuals with an accounting of the disclosure of their PHI; (viii) make its internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services; for compliance purposes; (ix) return or destroy all PHI, if feasible, if not feasible then limit further uses and disclosures to those purposes that make the return or destruction infeasible; (x) ensure that adequate separation exists between employees who are authorized to use PHI and those who are not. Describe those employees or classes of employees to be given access to PHI. Restrict the access to and use by these employees. Provide an effective mechanism for resolving any issues of noncompliance by persons who have access to PHI. (h) In accordance with the HIPAA Privacy rules, the following employees, or class of employees, will have access to PHI: employees with medical flexible benefit oversight responsibility. (i) the individuals described in (h) above will have access to use and disclosure of PHI for plan administration functions that are performed by the Plan Sponsor for the Plan. (j) the plan sponsor will provide a mechanism for resolving noncompliance issues for any individual described in (h) above who does not comply with the plan document, or improperly uses or discloses PHI, including disciplinary procedures. 5.2.3 Dependent Care Reimbursement. A Participant may elect to receive dependent care reimbursement for eligible dependent care expenses under the terms and conditions of this paragraph 5.2.3. (a) Dependent Care Reimbursement Accounts. A Dependent Care Reimbursement Account shall be established for each electing Participant for each Plan Year. Each Dependent Care Reimbursement Account shall initially contain Zero Dollars ($0.00). (b) Increases in Dependent Care Reimbursement Accounts. A Participant's Dependent Care Reimbursement Account shall be increased each relevant pay period by such whole dollar amount of the Participant's Pay Conversion Contributions as the Participant has elected to apply toward the Participant's Dependent Care Reimbursement Account; provided that the maximum annual contribution to a Participant's Dependent Care 13 City of Maplewood MPD Reimbursement Account attributable to a Participant's Pay Conversion Contributions shall be a maximum of Five Thousand Dollars ($5,000) per Plan Year. (c) Decreases in Dependent Care Reimbursement Account. A Participant's Dependent Care Reimbursement Account shall be reduced by the amount of any benefits paid to or on behalf of a Participant pursuant to paragraphs 5.2.3(d) or 5.2.3(e). (d) Dependent Care Benefits. Subject to limitations contained in other provisions of this Plan, and to the extent of the amount contained in the Participant's Dependent Care Reimbursement Account, a Participant who incurs Employment Related Dependent Care Expenses shall be entitled to receive from the City full reimbursement for the entire amount of these expenses incurred during the Period of Coverage for a Plan Year to the extent of the amount contained in the Participant's Dependent Care Reimbursement Account for that Plan Year; provided that no reimbursement shall be paid pursuant to this paragraph 5.2.3 to the extent that an expense has been submitted for reimbursement as a Medical Care expense under paragraph 5.2.2. The City shall pay all such expenses to the Participant upon the presentation to the City of documentation of these expenses in a form prescribed by the City. However, in its discretion, the City may pay any of these expenses directly, in which event it shall be relieved of all further responsibility with respect to that particular expense. These expenses shall be paid periodically during the Plan Year upon receipt of a claim complying with Plan requirements, and no later than ninety (90) days following the close of the Plan Year upon receipt of a claim (no minimum) complying with Plan requirements. (e) Forfeiture of Unused Benefits. If, following the final payment of reimbursement benefits for eligible expenses incurred during the Period of Coverage for any Plan Year, any amount remains in a Participant's Dependent Care Reimbursement Account for that Plan Year, the Participant shall forfeit such amount to the City, and shall have no further claim to that amount. (f) Annual Statement of Benefits. On or before January 31 of each calendar year, the City shall furnish to each Participant who received benefits under paragraph 5.2.3 during the preceding calendar year, a statement of all such benefits paid to or on behalf of the Participant during the prior calendar year. (g) Separate Written Plan. For purposes of the Code, paragraph 5.2.3 shall constitute a separate written plan providing a program of dependent care assistance. To the extent necessary, other provisions of the Plan are deemed incorporated by reference in paragraph 5.2.3. 14 City of Maplewood NIhD 5.2.4 Dental Coverage. Payment of the employee cost of single, single plus one or family coverage under the City of Maplewood Dental Plan and under such policies or programs as the City elects to make available to the Participant. 5.2.5 Life Insurance Coverage. Payment of the employee cost of coverage under the City of Maplewood Life Insurance Plan for a benefit amount not to exceed $50,000. Section 5.3 Taxable Cash Compensation. The Plan is a choice for the participant between benefits and taxable compensation, therefore the amount of any Pay Conversion Contributions not used by a Participant for benefits, shall be paid to the Participant as taxable cash compensation at the time the contributions constituting such Pay Conversion Contributions would be paid without regard to this Plan. Elections to the medical and dependent care reimbursement portions of this Plan, Section 5.2, are considered the purchase of benefits. Any remaining balances a$er the end of the Plan Year in these accounts will be considered unused benefits and are subject to the provisions listed in 5.2.2 and 5.2.3. Taxable cash compensation under this Section 5.3 shall be deemed a benefit. Article 6. Claims Procedure Section 6.1 Written Claim for Benefits. Benefit payments shall not be made under this Plan until the City or its agent has received a claim for benefits that satisfies all requirements of the separate benefit plan under which such benefit is claimed to be due. Section 6.2 Claims Procedure. The Plan shall establish and maintain reasonable procedures governing the filing of benefit claims, notification of benefit determinations, and appeal of adverse benefit determinations (hereinafter collectively referred to as claims procedures). Nothing in this section shall be construed to supersede any provision of State law that regulates insurance, except to the extent that such law prevents the application of a requirement of this section. If the Plan fails to establish or follow claims procedures consistent with the requirements of this section, the claimant will be deemed to have exhausted the administrative remedies available under the Plan and shall be entitled to pursue any available remedies on the basis that the Plan has failed to provide a reasonable claims procedure that would yield a decision on the merits of the claim. Article 7. Administration and Finances Section 7.1 Administration. The Human Resources Director shall be the administrator of the Plan, and, as such, has total and complete discretionary authority to determine conclusively for all parties all questions arising in the administration of the Plan. The Human Resources 15 City of Maplewood MPD Director shall have all powers necessary to administer the Plan, including, without limitation, powers: (a) to interpret the provisions of the Plan; (b) to establish and revise the method of accounting for the Plan and to maintain the accounts; (c) to establish rules for the administration of the Plan and to prescribe any forms required to administer the Plan; and (d) to change plans, contracts or policies and/or insurers or other providers of benefits described in Sections 5.2 of the Plan. Section 7.2 Delegation. The Human Resources Director shall have the power, by resolution of the City Council, to delegate specific duties and responsibilities. Such delegations may be to officers or other employees of the City or to other individuals or entities. Any delegation by thethe Human Resources Director, if specifically stated, may allow further delegations by the individual or entity to whom the delegation has been made. Any delegation may be rescinded by the the Human Resources Director at any time. Each person or entity to whom a duty or responsibility has been delegated shall be responsible for the exercise of those duties or responsibilities and shall not be responsible for the acts or failure to act of any other individual or entity. Section 7.3 Reports and Records. The Human Resources Director and those to whom the Human Resources Director has delegated duties and authority under the Plan shall keep records of all their proceedings and actions, and shall maintain all books of account, records, and other data necessary for the proper administration of the Plan and to comply with applicable laws. Section 7.4 Actions of the Human Resources Director. Subject to the claims procedures of Article 6, all determinations, interpretations, rules, and decisions of the Human Resources Director shall be conclusive and binding upon all persons having or claiming to have any interest or right under the Plan. Section 7.5 Finances. The costs of the Plan shall be borne as provided herein. For purposes of the Plan, Pay Conversion Contributions shall be deemed contributions by the City. Section 7.6 Indemnification. To the extent permitted by law, the City shall indemnify the members of the City's City Council, the Human Resources Director, and others to whom the City has delegated duties and authority pursuant to Section 7.2 who are either employees, officers, or directors of the City against any and all claims, losses, damages, expenses, and liabilities, arising from their responsibilities in connection with the Plan which are not covered by insurance (without recourse) paid for by the City, unless due to gross negligence or intentional misconduct. l 6 City of Maplewood MPD Article 8. Amendments and Termination Section 8.1 Amendments. The City shall have the right at any time and from time to time, by resolution of its City Council, or action of such other person(s) to whom such authority has been delegated by the City Council pursuant to Section 7.2, to amend the Plan, in full or in part, the amendment to be effective at the time stated therein. Any such amendment shall be filed with the Plan documents. Section 8.2 Benefits Provided through Third Parties. In the case of any benefit provided pursuant to an insurance policy or other contract with a third party, the City may amend the Plan by changing insurers, policies, or contracts without changing the language of the Plan, provided that copies of the contracts or policies are filed with the Plan documents and the Participants are informed of the effects of any changes. Section 8.3 Termination. The City expects the Plan to be permanent, but necessarily must, and hereby does, reserve the right to terminate the Plan at any time. Any such termination shall be by resolution of the City Council of the City or by action of such other person(s) to whom such action has been delegated by the City Council pursuant to Section 7.2. Neither the City nor any of their respective officers, directors, or employees shall have any further financial obligations under the Plan from and a$er termination of the Plan except those that have accrued up to the date of termination and have not been satisfied. Article 9. Miscellaneous Section 9.1 No Guaranty of Employment. The adoption and maintenance of the Plan shall not be deemed to be a contract of employment between the City and any employee. Nothing contained in the Plan shall give any employee the right to be retained in the employ of the City or to interfere with the right of the City to discharge any employee at any time, nor shall it give the City the right to require any employee to remain in its employ or to interfere with the employee's right to terminate employment at any time. Section 9.2 Limitation on Liability. The City does not guarantee benefits payable under any insurance or health maintenance organization policy or contract described in the Plan, and any benefits payable thereunder shall be the exclusive responsibility of the insurer or health maintenance organization that is obligated under the contract or policy. Section 9.3 Non-Alienation. No benefit payable at any time under the Plan shall be subject in any manner to alienation, sale, transfer, assignment, pledge, attachment, or encumbrance of any kind. Section 9.4 Applicable Law. The Plan and all rights under it shall be governed by and construed according to the laws of the State of Minnesota, except to the extent those laws are preempted by the laws of the United States of America. Section 9.5 Benefits Provided Through Third Parties. In the case of any benefit provided through a third party, such as an insurance company, pursuant to a contract or policy with that I'7 City of Maplewood NIhD third party, if there is any conflict or inconsistency between the description of benefits contained in the Plan and the contract or policy, the terms of the contract or policy shall control. City of Maplewood By: Title: JCW: MaplewoodMPD.doc 1$ City of Maplewood NIhD Agenda #G4 MEMORANDUM TO: City Manager FROM: DuWayne Konewko, Environmental Management Specialist SUBJECT: Waterfest Appropriations for 2004 DATE: March 12, 2004 INTRODUCTION Ramsey-Washington Metro Watershed District's (RWMWD) annual Waterfest will be held on Saturday, May 22, at the Lake Phalen Park Pavilion from 10:00 a.m. to 3:00 p.m. The RWMWD is requesting $750 in financial support from the city to assist in sponsoring this event. BACKGROUND The City of Maplewood has sponsored this event in previous years. Maplewood has a good working relationship with RWMWD. Being a partner with them on this type of an event allows the city to combine resources and deliver a stronger educational message to a much larger audience. As in the past, the city will provide staff to work at this event. Representatives from Public Works and Community Development Departments along with the Nature Center will assist the RWMWD in facilitating this event. The Waterfest will feature the following activities and exhibits this year; student exhibits of artistic, scientific and service projects; watershed and ecosystem exhibits and games; clowns, jugglers, face painting, and skits; environmental computer games and indoor science projects; stream monitoring; fishing lessons; and voyageur canoe rides. Monies in the storm sewer maintenance budget have been set-aside for educational purposes. DISCUSSION The Waterfest provides a unique opportunity to enhance awareness on issues surrounding the protection of our natural resources. Waterfest also presents the city with an exceptional venue to work towards the fulfilhllent of the goals and outcomes of the Storm Water Management Program. A requirement of this program is to educate the public about environmental issues. Education on storm water runoff (non-point source pollution) is key in understanding the role of storm water runoff and water quality. Waterfest will directly speak to this issue and stress the importance of mitigating and controlling on-site runoff Waterfest will also provide the public with examples of projects that can be utilized at home to help reduce pollution or contaminants from reaching our water resources. Rain gardens are one of many options for reducing storm water run-offthat will be discussed at Waterfest. RECOMMENDATION Staff recommends approval of the RWMWD request for $750 for the 2004 Waterfest. Funds are available in the storm sewer maintenance budget. Staff will provide city council with afollow-up summary of Waterfest by July 15, 2004. Agenda: GS MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 6, 2004 RE: Temporary Gambling and Temporary Liquor Introduction An application has been submitted for temporary intoxicating liquor and food licenses by Stephen Klein, on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. The parish is having their annual Spring Festival and dance. The event will be held inside the parish and the funds raised during the event will be used to fund the grade school and childhood learning center. The event will be held on May 1st from 8:00 p.m. to 12:00 midnight and May 2nd from 11:00 a.m. to 8:00 p.m. The request for the temporary liquor license will be used on May 1st for strong beer served at the dance. In order for the State of Minnesota to issue a temporary license, 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 the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. 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 City Council approve the temporary gambling and liquor licenses. Agenda G6 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: April 6, 2004 RE: Temporary 3.2 Beer & Temporary Gambling Tntmducti nn An application has been submitted for temporary 3.2 beer and temporary gambling licenses by Robert Reistad, on behalf of the St. Paul East Parks Lions Club, 1821 North Myrtle, Street. The Lions Club will be at the Ramsey County Fair July 14 -18, 2004. On July 14~ and 15~ their operating hours will be from 4:00 p.m. to 11:00 p.m. the remaining days they will operate from 12:00 noon to 11:00 p.m. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club. 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 City Council approve the temporary 3.2 beer license and the resolution for temporary gambling. AGENDA REPORT G-7 To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Approval of Joint Powers Agreement with the City of Saint Paul For a Records Management System Date: April 5, 2004 Introduction The Police Department is requesting City Council approval of a Joint Powers Agreement with the City of Saint Paul for a new records management system. Background Since 1981, the Maplewood Police Department has had an ENFORS records management system. We are currently a user of that system through Ramsey County. However, approximately one year ago, Ramsey County purchased their own records management system, which has forced suburban police agencies to review, assess and purchase a different records management system. Staff from our department attended many meetings and made several site visits to review the options available on various records management systems. In addition, an outside records management consultant was hired by the suburban Ramsey County police departments. After evaluating all of the collected data, Saint Paul's records management system was chosen as the one to best meet the needs of most of the law enforcement agencies in Ramsey County. An extra benefit is that the Saint Paul records management system will allow our department to transition to paperless field reporting. The cost for entering into this Joint Powers Agreement is as follows: One-time (up-front) payment due on contract signing $54,440 Plus ongoing monthly payment $ 3,798 Money has been budgeted for this year's costs, including the up-front payment; and we will continue to budget for the ongoing costs in the future. Recommendation It is recommended that the City Council approve the signing of a Joint Powers Agreement between the City of Maplewood and the City of Saint Paul for a records management system. Action Required Submit to the City Council for review and approval. DJT:js JOINT POWERS AGREEMENT Between the City of Saint Paul and Maplewood THIS AGREEMENT, is made and entered into this 12th day of April, 2004 by and between the City of Saint Paul (Ramsey County, Minnesota) hereinafter referred to as "the City"and the City of Maplewood, (Ramsey County, Minnesota), hereinafter referred to as "Maplewood." WHEREAS, the City of Saint Paul and Maplewood, pursuant to the provisions of Minnesota Statutes, Chapter §471.59 are authorized to enter into an agreement to exercise jointly the governmental powers and functions each has individually; and WHEREAS, the City's Police Department is authorized to provide, Wireless Report Writing and Report Management System Services (`WRW&RMS") and other related support services and has expertise in these services; and, WHEREAS, the City wishes to extend the expertise of its WRW&RMS Services staff to other local governments to help all parties achieve operating efficiencies and to secure for them WRW&RMS Services, and other related support services; WHEREAS, Maplewood wishes to take advantage of these benefits and services; NOW, THEREFORE, IT IS HEREBY AGREED, by and between the parties hereto as follows: 1. Scope of WRW&RMS Services. The City, through its Police Department, pursuant to authority set forth in the Saint Paul City Charter, Codes and applicable State Statutes, shall provide WRW&RMS Services, and other related support services as requested by Maplewood in accordance with applicable Statutes, policies, and the City's currently held software, licensing, network, systems, CAD system, support and maintenance agreements. The WRW&RMS Services to be provided Maplewood under this Agreement includes the below indicated services with their related costs: A. Maplewood will provide: Laptop computers in their squads, including mounts and desktop computers in offices. This includes the cost of mounts and installation. Note: St. Paul Radio Shop is available to install equipment at an additional cost. B. St. Paul will provide the following in phases: Phase 1: Wireless connectivity for 20 squads to Computer Aided Dispatch (CAD). This includes the Aether Packet Cluster software maintenance and wireless subscription fees for CAD dispatching, MINCIS, NCIC and Alert. Additional functionality includes intra squad messaging. This includes: 20 View Packet Cluster Licenses 20 RMS CAD Wireless 20 Modems with connectors 20 Antennas Phase 2: The City Police Department will provide, as mutually agreed to by the parties, access to various Internet sites. Potential sites include: Department of Vehicle Services (DVS), DVS traffic accident reporting, CrimNet and others as needed. Phase 3: The City Police Department will provide wireless police report writing, installation, and training for Records Management System (RMS). 32 Packet Writer installations 32 Packet Writer maintenance 21 View police reports only Records Management System (RMS) Phase 4: The City Police Department will provide wireless access to Maplewood police reports. This includes access by CN number, address, and name. Phase 5: Maplewood will provide the City Police Department access to archived police report data. The City Police Department will then assist Maplewood by uploading the archived data into Maplewood's new RMS. The City Police Department will work with Maplewood to develop an appropriate way to report crime stats. C. Maplewood Payment: In exchange for the above Maplewood agrees to pay: One time (up front payment) due on contract signing $54,440 Plus on-going monthly payment $ 3,798 2. Designated Representative. As part of any request for WRW&RMS Services, Maplewood agrees to designate an individual who can serve as a point of contact for WRW&RMS Services 2 staff in the provision of any service mutually agreed upon. This individual shall have the authority to transmit instructions, provide required information, and assist in resolving any questions or issues that may arise. This individual shall also provide copies of any relevant policies, procedures, or standards adopted by Maplewood that may have an impact on the manner in which City WRW&RMS Services staff delivers the requested service. Maplewood further agrees to provide a representative to participate in an advisory user group. 3. Local Funding. In participating in such joint WRW&RMS Services activities, the City and Maplewood agree that neither party shall assume any responsibility for the accountability of funds expended by the other or compliance with applicable Minnesota Statutes or other laws. Each party is responsible for any particular purchase order it issues or purchases from outside vendors. 4. Indemnification. Nothing in this Agreement shall constitute a waiver of the rights, privileges, and benefits that each party is entitled to under Minnesota Statutes. Each party agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives, and agents in carrying out the terms of this Agreement and the results thereof, to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. The liability and the monetary limits of liability of the parties, their officials, employees, representatives, and agents shall be governed by provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. and other applicable law. 5. Data Practices. Nothing in this Agreement can be construed to be contrary to Minnesota Statutes, Chapter 13, Minnesota Government Data Practices Act, and in particular Minn. Stat. §§ 13.05, subd. 6 & 11 and 13.37, subd. 1(b). All of the data created, collected, received, stored, used, maintained, or disseminated by the parties in performing functions under the 3 Agreement is subj ect to the requirements of Minnesota Government Data Practices Act and all parties must comply with those requirements. If any provision in this Agreement is in conflict with the Minnesota Government Data Practices Act, the Act will control. 6. Term/Cancellation. This Agreement will be affective until termination by either party, which may be effectuated without cause, upon 180 (one hundred eighty) days prior written notice, to the other party. 7. Assignment. Neither party to this Agreement shall assign, delegate or transfer any rights or obligations under this Agreement without prior written consent from the other party. 8. Amendments. Any amendment or modification to this Agreement shall be in writing and shall not be effective until executed by all parties to this Agreement. 9. Entire Agreement. This Agreement contains the entire Agreement between the parties with regard to the matters set forth herein. IN WITNESS WHEREOF, the City and Maplewood have executed this agreement the day and year first above-written. CITY OF SAINT PAUL Approved as to form: Assistant City Attorney Chief of Police Randy Kelly, Mayor Director, Office of Financial Services Maplewood Approved as to form: City Attorney Chief of Police Robert Cardinal, Mayor Richard Fursman, City Manager 4 AGENDA ITEM G-8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Chuck Ahl, Public Works Director/City Engineer Erin Schacht, Civil Engineer 1 SUBJECT: Kennard/Frost Area Street Improvements, City Project 02-10: Resolution for Modification of the Existing Construction Contract, Change Order 6 DATE: April 5t", 2004 Introduction/Summary During construction there are often unforeseen changes from the original plans and specifications. The city council will consider approving the attached resolution directing the modification of the existing construction contract. Background The changes described in this change order (CO #6, $88,328.60) are for changes in the scope of private driveway work from what was initially planned. The funding from private driveway agreements amounted to $130,950, which covered construction and administrative costs. Budget Impact Approval of this resolution would increase the construction contract by $88,328. The private driveway work will be financed through funds collected for private driveways. Change Order #6 will increase the construction costs for the project from $2,280,575.98 to $2,368,904.58. During the entire project and previous change orders, it was anticipated that project costs would come in close to the proposed budget. Now that the project is close to being complete, it has been determined that the project budget must be increased. The proposed budget revision has been increased from the original budget as shown below. The portion of the budget funded from the general tax levy has been proposed to be increased by $12,900. St. Paul Water's obligation and subsequent funding to the project was greater than originally projected, thus less funding from Maplewood's small WAC fund was needed. Basically construction for unknowns and extras have come in higher than anticipated. Staff has been quite successful lately with the neighborhood projects coming in well under budget. For that reason, when the budget was established for this project, staff assumed a lower contingency and overhead than had been used in the past. Unfortunately, factors such as poorer than normal soils in this neighborhood resulted in contingency costs being higher than anticipated. Staff has estimated a projected final budget, however the project will not be complete until late this summer. At that time, a final review of the project budget will be done to determine if any final adjustments to the budget are necessary. The proposed revised budget includes all costs that are anticipated to complete the project, which involves the rain garden work and administration, as well as some final engineering to complete record drawings. Below are the original approved budget and the revised budget for project 02-10: Funding Source Original Budget Revised Budget Street Assessments: $1,127,800 $1,110,742 Storm Assessments: $9,600 Sewer Utility Fund $147,000 SPRWS: $74,000 WAC Fund $100,000 General Tax Levy: $1,486,100 Private Driveways $0 Total: $2,944,500 Recommendation $8,923 $161,300 $153,360 $37,725 $ 1,499,000 $130,950 $3,102,000 It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract for the Kennard/Frost Area Street Improvement Project, City Project 02-10. EML Jw Attachments: Location Map Resolution Change Order No. 6 no ~ralz r ~5 ~ ~ " s c y s c ~" 7 ~ ~~ . s a ~ a ~roiect location `~ Exf~ibit ~ _ , a - - ~ - Praj,ecfi Loca~i~on ~ r a Kennard:/Frost Area En~provemen~t 02-10 . -- - _ , ~ ~ A ~ __. _ , _ ~, .,. - ___. - _ ~- _.. _... .-' - _~ I .. -... - _ ~ __ . .. _ ~_ - ~. r r. , - ., r `7 1 - ,. _. __-_ _ r ~~ ~~~ _- , r ., d ~. _ _ l i ~ _ ~ r~ L 1~ _ r I I - _ _ .. - ~ - ~ ti .. ~i, ~~L ~ r -.~ __ __ r i _ _ LT:77 - --~. r'. -~~ :E. _ .-._ __ i I ~_~~,. E~LIv~=~~ I !' ~~~~ - %\ ~ -- -- -- __ .~-_ _ - ~ , _, ~ r ~. _. ~ ;~ ~.,,~ _ _ - - _ ~ , __ ~ , _ - _ u - ^__._ ~ ~ - ;__- _ ~--~ a _ _. R _ ~ N~ i ~~ ~ i b ri ~ - i~ - ~ i ~ - _ ~ -~ ~, ~~ ., ~ ~~` L ~ ~ .. - e I --- _ - _ _ - ~ - ~ -- . . < - - - - -- ~, c f~', v - ~ - ~ _ ~ ~ _, ., ,. , . ~ - _ r ~ ,J - ~ ~ i1 ~h ~Ii ( i _ vl F- I `. Y ~ _ . ~ . i i t-.. , I CC n' r,dr. ' t!) i -- -- 1 ~ - - --- 1--- - - - --- = -- ~ - ~-' i~". 1 ~ . ~ ) 1 _.. ~ ~ ~~ . . I .~. i r n - L I ~ ~ . ,. - L I ~ I ~~'. ~:1 ~.d ~ ~~r _ ~ ~ Li.' _ - '" ~. ~'' - ~ i _ ~ ~ti. ~ ' w I ~: ~` i ~; z ~ . ,. o . ~, N.._ r T _, K .,~ i - ,~~ L . ;, ~ ~ - , ' ~~ ~ _ , a - ~ i I _ L v. I . iiI _ _ - --- ~ _ S;'F-.~~. ~1- ~ ~ _ - ~ ~~',~'~rar Sri L i ~ ~, .. v - Q N 1.1. - c' y 't ,. `7 r I L _ ~ ~ ~ _ Q ~ _ ~ ~_ ~ _ .~ _ r ~ I~. A 1 :~~_ ~ F I I _..~ I ~ ' _ J li _~ _. ~~ ~ ~ L s - ~ L. ~~ ~- i, . ~ l , r_ r A - -- - 7_ j ;} , __ _ i _ ~- c _ I J ~_ ~ ~ I II - ~ i t `,~' 1 I ~. ~~ f ~ ~~~ I i ~ u w I ~~ ~ ,' r~ i ~~ ~ F i lm <<~~~ ~I' RESOLUTION DIRECTING MODIFICATION OF CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-10, Kennard/Frost Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-10, Change Order No. 6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 6 in the amount of $88,328.60. The final contract amount is $2,368,904.58. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. The revised financing plan is as shown below: Funding Source Original Budget Street Assessments: $1,127,800 Storm Assessments: $9,600 Sewer Utility Fund $147,000 SPRWS: $74,000 WAC Fund $100,000 General Tax Levy: $1,486,100 Private Driveways $0 Revised Budaet $1,110,742 $8,923 $161,300 $153, 360 $37,725 $ 1,499,000 $130,950 Total: $2,944,500 $3,102,000 CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Kennard Frost Area Street Improvement Change Order No.: 6 Project No. : 02-10 Date: March 26, 2004 Contractor: T.A. Schifsky & Sons, Inc. The follow ing changes shall be made in the contract documents: Unit Item Description Unit Quantity Price Total 2104.505 Remove Bituminous Driveway SY 3,671.17 $ 2.10 $7,709.46 Pavement (Private) 2104.505 Remove Concrete Driveway SY 1,078.97 $ 2.95 $3,182.96 Pavement (Private) 2105.507 Subgrade Excavation CY (EV) for CY 174.34 $12.00 $2,092.08 Private Driveways (Est. @ 1' Depth) 2211.501 Aggregate Base, Class 6 for Private TON 1,687.15 $14.00 $23,620.10 Driveways and Sidewalks 2340.521 Type 41 Bituminous Mixture for SY 4,302 $ 9.00 $38,718.00 Private Driveways (41 WEB50055PG64-22) 2521.501 4" Concrete Walk (Private} SF 1,880 $ 4.20 $7,896.00 2531.507 6" Concrete Driveway Pavement, SY 146 $35.00 $5,110.00 Residential (Private) TOTAL $88,328.60 Original Contract: $2,206,112.28 Net Change of Prior Change Order No. 1 to No. 5: $74,463.70 Change This Change Order: $88,328.60 Revised Contract: $2,368,904,58 Approved Mayor Recommended Engineer Agreed to by Contractor by ~L~f ~ ~{~ 1/ __ __ _ Its v~/,~P. VQS i(~~l'1~~ U71°` Title Agenda G9 MEMORANDUM TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Director of Parks and Recreation DATE: April 6, 2004 for the April 12, 2004 City Council Meeting SUBJECT: 2004 Park Projects Introduction City park improvements are primarily paid for through the park dedication fund. The city receives money from residential and commercial/industrial development projects, which in tum is dedicated to a special fund for the planning, acquisition and development of the city's park system. There are three park projects that will require minor park planning costs to determine their feasibility. The three projects are Legacy Village Sculpture Park, a trail corridor connection at Walter Street, and a community garden project at Bruentrup Farm. Background The Capital Improvement Plan for 2005-2009 proposes a variety of park improvement projects. Staff is currently doing preliminary studies to determine their feasibility and possible funding sources. The breakdown of the three projects is as follows: 1. Walter Street Trail Corridor The Walter Street Trail Corridor is currently scheduled for 2006 in the amount of $100,000. The trail comdor will connect the High Line Trail from Walter Street east to LaBore Road in Little Canada. Staff is currently working with the city of Little Canada to determine the feasibility of construction of this trail corridor as part of a larger project being proposed by Little Canada. Staff estimates that there will be $3,000 to $5,000 in planning monies required to complete the initial feasibility study by Sanders, Wacker & Bergley. The planning dollars will be used to do preliminary engineering as well as appraisals for potential acquisition of the easement along the power line to construct the trail corridor. 2. Legacy Village Sculpture Garden The Capital Improvement Plan proposes this project to be completed in the amount of $450,000 in 2005. Funding for the project will come from a tax abatement bond that will be considered by the city council in June 2004. Enclosed are copies of the sculpture park which will be discussed at the April 26 city council meeting. The city has incurred some minor park planning fees in the amount of $5,000-$7,000 to develop concepts for the parks and recreation commission, council and developer to review. The proposed sculpture garden park is proposed to become an integral part of the Legacy Village development and will serve as a major marketing tool for the existing development. 2004 Park Projects April 6, 2004 Page 2 3. Children's Gardens at the Bruentrup Farm Staff has been working with the Maplewood Historical Society to develop a LAWCON grant proposal for the development of a children's garden at the Bruentrup Farm. The grant proposal has been drafted and will be considered by the State Legislature for the 2005 funding session. Estimated costs for the initial concept for planning fees are $2,000. Staff requests that $15,000 be allocated from the park dedication fund for planning dollars for the three projects as proposed. There currently are adequate monies in the park development fund. Recommendation Staff recommends that $15,000 be allocated from the park dedication fund for park planning projects as proposed and that the finance director be directed to make the necessary budgetary changes. kh~04 park projects.mem CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 200 - 2008 PROJECT TITLE: Walter Street Trail Corridor TOTAL COST: $100,000 PROJECT NUMBER: pR01.010 PROJECT CATEGORY: parks DESCRIPTION: purchase and development of a trail corridor JUSTIFICATION: The city acquired and developed Sunset Ridge Park in 1998. The City of Little Canada has a trail corridor that runs from LaBore Road to Rice Street and ultimately circles Gervais Lake. The City of Maplewood has an opportunity to connect Sunset Ridge Park to the Little Canada trail system: The project would entail acquisition of a lot and development of a half-mile trail comdor. The end product would bean inter- connected trail system to the east approximately two miles in length. PROJECT COSTS AND FUNDING SOURCES BY YEARS: Project Funding Source Prior Years 2004: 2005 2006 2007 2008 Total Park Development Fund 100,000 $100,000 PROJECT COSTS PROJECT STARTING DATE: Apri12006 Preliminaries $35,000 Land Acquisition 60,000 PROJECT COMPLETION DATE: December 2006 Construction 5,000 Equipment and Other NEIGHBORHOOD: #03 - Kohlman Lake Total $100,000 MEMORANDUM TO: Parks and Recreation Commission FROM: Bruce K. Anderson, Director of DATE: February 10, 2004 for the Februarys 1 SUBJECT: Children's Discovery Garden/Bruentrup Heritage Farm Introduction Meeting The historic Bruentrup Farm was initially constructed in 1891. The farm was originally located on White Bear Avenue where Pier I is currently located. 1n 1999, the land was sold and the farm buildings were slated for demolition. Following a community debate, the Bruentrup Farm was relocated to the open space land at County Road D and Ariel Street. Background The Bruentrup Farm is currently owned by the city of Maplewood, who in tum has leased it to Maplewood Historical Society to operate. The parks and recreation department is intimately involved with the Bruentrup Farm and works closely with the historical society. City staff recently submitted a $300,000 grant proposal that is part of the state bonding package to bring the historical Bruentrup Farm up to code. Other current projects include construction of a garage storage area, bathrooms and a store to be located on the east side of the existing farmhouse utilizing charitable gambling fund. One project that has been discussed as part of a long-range plan is the development of interpretive or demonstration gardens. The city has been working with Sanders Wacker Bergly Inc. to expand this concept during the past six weeks. The concept of the children's discovery garden, to include demonstration gardens, an orchard and eventually an oak savanna and wetland within the open space land, has been discussed following Bill Sander's observation of a similar garden in New Orleans. Staff supports the concept of a children's discovery garden at the Bruentrup Farm. Tfie garden would be constructed with an LCMR grant which if approved, would permit construction of the discovery garden in 2005. The estimated cost for the discovery/demonstration garden is approximately $200,000 which would be funded through the LCMR grant if we are successful. I have included a copy of the preliminary concept of the children's discovery garden, as well as a similar garden project (albeit on a larger scale) in Chicago. It should be noted that staff is actively pursuing grants through both LCMR and a state bonding bill. in addition to the $300,000 grant submittal for the Bruentrup Heritage Farm, staff has submitted an LCMR grant proposal for development of the Gladstone Savanna Neighborhood Park Preserve on Frost and English. We also recently received two $20,000 grants for the nature center interpretive exhibits. Recommendation Staff recommends that the commission endorse the concept of a demonstration/children's discovery garden at the Bruentrup Heritage Farm with the understandng that the fiunding would come from a proposed LCMR grant. kh~bruentrup garden.mem 2 Legacy Village Park Site Improvements B&AProj.#03-32 Master Plan Cost Estimate (~ 0-27-03) Description of Work Cost 1 General Sitework -Budget (does not include work related to ponds) Includes mobilization, staking, general removals, earthwork & erosion control __ $45,000.00 2 Additional parking -asphalt and curb & gutter (8 spaces) $3,500.00 3 Walls (arbor area) $36,000.00 4 Ornamental fencing /railing $15,750.00 5 Pedestrian footbridge $22,750.00 6 Ornamental fountain (within ponding area) $1,500.00 7 Conc. sidewalks/pavement within park (arbor area) $15,250.00 8 Conc. sidewalks within ROW $750.00 9 Asphalt trails within park $32,250.00 10 Asphalt trails within ROW $8,500.00 11 Floating Boardwalk $37,500.00 12 Restoration seeding with native grasses -within altered areas $10,000.00 13 Plantings -within park $55,000.00 14 Blvd. Plantings and seed/sod -within ROW and along adjacent arkin areas $24,500.00 1 5 Miscellaneous Site Amenities $18,750.00 16 Arbor structure $65,000.00 17 18 19 20 Estimated Master Plan Development Subtotal: 1 5% Fees (Design /Observation /Surveying /Testing) 392,000.00 58,800.00 Estimated Master Plan Development Total: 450,800.00 Brauer & Associates, Ltd. i ~ ~ ~~ ,,.... ,~ ., ,, w i i f r, , ~. - i_ ~ _ ~ ~ - ~z- - _ _ ~ } ~ ~ ;:. _- --- - . ~- .. x~ ~. .~ 1. _._ . _,. ate:^. -__ ~ YA ~ }~ y _. ~. =va+ ' AGENDA ITEM H-1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Civil Engineer 1 SUBJECT: Carlton Street Project 03-22 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll DATE: April 5, 2004 Introduction An assessment hearing has been called for all properties in the Carlton Street project area. All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that if they disagree with the assessment amount, they must submit written objection either at or prior to the hearing. The city council should conduct the assessment hearing, receive all objections, refer those objections to the staff for action at the April 26th council meeting and consider approving the attached resolution adopting the assessment roll without any property owners who have submitted objections. Background The proposed assessments for the Carlton Street Improvements total $330,296.26. The assessments are consistent with the proposal included at the public hearing on November 10, 2003. A copy of the assessment roll is provided as a supplement to this report. The assessments are based on the standard rates as follows: • Single family street assessment = $4,300.00 per unit • Commercial street assessment = $86.00 per front foot • Single family storm sewer assessment = $670.00 per unit • Commercial storm assessment = $13.40 per front foot A neighborhood meeting was held on April 1, 2004. Residents and business owners were invited to review the plans for the project and discuss any questions they had regarding their assessments. All residential assessments for the Carlton Street Improvement Project have been deferred for 15 years. If any residential property owner develops their property within the 15- yeardeferment period, they will be assessed for the amount they were notified, without interest. After the 15-year period has expired, any remaining deferred assessments to residential properties will simply be eliminated. Objections Filed No objections have been filed as of April 5, 2004. Recommendation It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll for the Carlton Street Improvements, Project 03-22. Budget Impact There would be no impact to the approved budget based on the above recommendation. The proposed assessments to these properties were included in the original financing plan, which was approved in November. cmc/jw Attachments: Resolution: Adoption of the Assessment Roll Assessment Roll Location Map RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on February 23, 2004, calling for a Public Hearing, the assessment roll for the Carlton Street Improvements, City Project 03-22, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, no property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 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 Apri126, 2004, as to their recommendations for adjustments. The assessment roll for the Carlton Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 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 2005 and shall bear interest at the rate of 5.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2004, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged for any portion of the assessment that is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2004, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2004, but no later than November 15, 2004, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 12~' day of Apri12004. Location Map Carlton Street Improvements, Project 03-22 Assessment Hearing Agenda #H2 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Easement Vacation PROJECT: Van Dyke Village Townhouses LOCATION: Van Dyke Street, north of County Road B DATE: March 16, 2004 INTRODUCTION Mr. Bruce Mogren, representing the developer and the property owners, is asking the city to vacate an existing drainage and utility easement on the site of the Van Dyke Village townhouses. (See the maps on pages four through seven.) This easement is shown on the survey on pages six and seven. Please also see the applicant's statement on page three and the maps on pages four through seven. DISCUSSION Mr. Mogren is requesting the vacation because the existing easement would interfere with the proposed location of one of the buildings within the development. There is, however, an existing sanitary sewer line in the easement. As such, the city needs an easement over the sanitary sewer but it does not need all of the existing easement in its current location. In trade for the city vacating the existing easement, the owners have agreed to provide the city a new easement over the sanitary sewer. Maplewood has no plans to further develop or use the existing easement and it is not needed in its current configuration for the utilities. COMMISSION ACTION On March 15, 2004, the planning commission recommended approval of the proposed easement vacation. RECOMMENDATION Approve the resolution on page eight. This resolution is for the vacation of a drainage and utility easement within the site of the Van Dyke Village townhouse development on Van Dyke Street. The reasons for the vacation are as follows: 1. It is in the public interest. 2. The existing easement in its current configuration is not needed for utility purposes. This vacation is subject to the owner providing the city a new 30-foot-wide drainage and utility easement for the existing sanitary sewer line, subject to the approval of the city engineer. REFERENCE INFORMATION Application Date The city received the complete application and plans for this request on February 24, 2004. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, city action is required on this proposal by April 23, 2004. P:\sec11\van dyke village easement vacation Attachments: 1. Applicant's Statement 2. Location Map 3. Area Map 4. Site Plan 5. Site Plan Detail 6. Vacation Resolution Attachment 1 Mogren Development Compang Bruce M. Mogren • President FEB Z 4 2flOk RECEIVED Vacation or Easement Explanation The developer of Van Dyke Townhomes is hereby requesting a vacation of an existing easement for sanitary sewer (description and survey are attached). We propose to redefine the easement to provide a more practical access for the city and developer. It appears that the only remaining issue is the proximity of the actual pipe to our most easterly-attached garage. Our architect and engineer have determined that there should not be a problem if repairs or replacement of the pipe become necessary. If a problem did occur regarding the proximity issue any repairs to the adjacent buildings and landscaping would be the owner's responsibility and expense. 1801 Gervais Avenue • Maplewood, Minnesota. 55109 • (651) 777-3600 Phone • (651) 777-5151 Fax 3 Attac{~~~~ent 2 W ~ ~ ~~ ~ 1--~ ~ ~ NORTH ~ ~ ca,~r ILYAN~ AVE. ~ ~ ~i =- "- ~ iii W KOFILJ1Wd ~* o ~ ~ S ~ - ~ ~ ~ ®~ ~ 3 ~ U ~~ ~ ~ ~GEllilll RD. U ~ ~ v DEMONT ~ AVE. ~ !~ 8R001(S AVE. ~n BROOKS p - _ AVE. ~ ~ roc TANT~ ~ ~ ~ c AVE. ~S cERrrAls ~ ~ ~ ~i t'RMIDIAEW AVE. ~Z a$~ DFj, Y ~ SHER(tEIJ AVE. Knu~od Ldos ~ COPE ~- AVE. ~ ~ AVE. -`-J~, ~ LARK AVE. LAURIE RD. ~ ~ p LAURIE Z RD 1d-' URST ~ -art ~ AVE. W 2 y~j ® B ~ o ~ co. RD. m BURKE AVE o ® ~ BURKE A 0 ~7t E1DR IDLE AVE. 3 ddw arw t 11'I- ~ ryW BEIIIONT AVE. _' 3 ~. ~ E' SKILLWN AVE. ~- FMRRIS AVE 1be ~ e ROSEWOOD AVE. ~ D AN AV. AVE. S. ~~ ~~ ~~~ ~ ~- AVE. ~m ~ AV E. ~ ~ b ~ SU 11I~ AVE ~ g o -; ~_: Z ~ PRE ~~'~~~vi x ~ a ~ , J. ~1i w.~r ... OPE AVE. ~, ' rii ~ LAURA RD W C7 yj W ~ ~~ o ~ B ~~~ ~ / q /Y W_ J Q t- Q Cn f~ Z 0' 1700' 0., 1 „ R NOF "~"~ic~''u-~s ~D ALVR~ctl faLLnwnY ~ ~ W Arm Q~ ~ ~ RpLEY AVE. 3Z- RI PLEY ® ~» IONGS70N AVE. K! ~A W ~ PRI(:E AVE. ~ W K C! Y ~ ~ Y 11rJ0io1R ~ ~~ ~ ~ W LOCATION MAP 4 4 N Attachment 3 U 75 ~ 2260 ~ a 0 25o LARK AVE E 4 ~4 O 0 2242 X230 ~ o C 2223 D ~ ~ z LAURIE RD E 5 2 65 v 221 PROJECT SITE ~ = rn ~ ~ rn ~ ~ 2200 rn o 0 D G ~~ a m 0 2 EMMA'S PL-ACE i ~Q ~s2 ^ ^ Q 2 2 ~ 1861 186 1849 CORD B E ~ - - AREA MAP 5 4 N SANDHURST AVI Attachment 4 EASEMENT D~~~INCT ;FOB,: B1~U~E MO~REIvT (VACATED 8Y DOC. NO. 1772122. REC. APRIL 20, 1970) (SWBJECT TO UTILITY EA'SEMEN TS RESERVED FOR THE CITY) (SCHEDULE B, SECTION 2 EXCEPAON NUMBER 6) KINDER KARE E%ISTING BUILDING CENTfi1,UNE Of alyEV (MOAtiD) I ° e • s (GOOD'MLL) ~ L FwnE I/x' Iran Pb• ~ FaunE I/Y If•n PbR F epp np. 1]279 0.4 fT. Sw OF PT.'O01=PEO U50iC 29a /wl Epee pl OaNIEYS 1379 NOTES ~ ~y~r 589'53'48"E ~~ ~ _ _ _ • ~.• Le-. 20 32D.3S ~~ ----- I ur ------ r _----°-------------58x9'!02---_ Sxo.•o ALLEY, VACATED ,D.o ~ La -~. ' NOTE: THIS EASEMENT IS PROPOSED /TO BE RELOCATED. ~ NORTHEAST coRNat OF LOT 2. BLOCK 13 • PERPETUAL EASEMENT FOR UNOERGROUNO SEWER `' y MAVNS, PIPES AND APPURTENANCES TO AN APPROX. DEPTH OF 8 TO 12 FEET , - DOC. NO. 7692654, REC. JANUARY 16. 1967 { ~ W a60RE56: Tz]I VAN omE sT. ~ ~ . W I ~: PROPOSED BUILDING m~ 6a~ s ~Bg^L 0 C ~.$ ~ 20.00 ~ ~. ~, o ' zo.DO ~ ~ ~ r r.~ f •. LINE A ~ ttt ~ AdN7 OF BEGIN ___________ _ _- ~~~ -_--~- _-___ ~ WNE A . . ~ ~ ~ 9 S ~ _ 4 _ - :. . _0 _ °•-••__, '~ •. ..,,e' -._ zz.... LAU ~ Ji.2 10.00 RIE AVENUE VACAT cvaurm er ooc. Nn IAew¢ Nz xc. s I>.n " - --y ` ~; M a "110= '-, } ~ N TANET / ~ .. ••.... ~ N MiENaNCE Of SANI SEwFR NaRI) - i t0.00 1----- --------------------- - ~ Bx S ~ ~ PROPOSED BUILDING '° ~ '. ~ ~+ - aooRESS: xzn v~N DrKE sr. ~ `j b L ~ 1 ' ~ . , 'F 1, ~ ~B L 0 C K 0. a ~ ~ . ~ ~ ~ ~ R ~ ~ ~ Q ~ o m ~ o U v Fppny I/x' I.m pb• ODRE53 2201 van Dr~cE 5T. 8 { p p ^° 96IT o.za cr. wEST aF COAWEO CORNER ~ PROPOSED BUILDING ~ ° ' $ I . es2i46 w~....„"„_-~ ~, PARCEL 8 `~N o~ •w z.as VACATED ALLEY ias ` ~ d' _-_-i --_-_- • z.as ias I 41 00 n •sxza w N.00 0 i ~' NB9'S2.26"W 270.00 1 . ' ~ . 0 ' ~ B L 0 x70.00 C K 2 0 • , I Q I ' u~i I I v <<~ Ot w 'n n - • I ? I 0 R ~ ; I ~ 3 a <I 3 ~ 3e „ $ ~ ~, ` ~ o ~ = PROPOSED BUILDING 4 I ~ ' ° aI °o aooREss: zlvl VAN omE sT. avao +v. w~ € I w ~ -t ~ Navszns•w x7o.oo _ TI SANDHURST AVENUE VACATED T °_'^^ 91 i t9 0.9 (GLEPR)--...t. ~ 30.0 , 30.0 r~ '~'0 pprv vrl: . 49g 005"W ~ .~ ~ ° ° su.l~ ~. x.ll -- ~p .e r J'h ' . a a... PIP• ~qn ~q. ealx~ I Zi ~4,r~C Vi/id Jl L~RAp{) Cye. oN~ e.ue.e. slp,.., N _ ~,I ~ SITE PLAN 6 N Attachment 5 2 O i6' 1.6--sA 320.35 A~ppoo cc,,~~dd~~,, CC - 32o.ao ALLEY, VACATED 10.0 ~~ _E• > EASEMENT IS PROPOSED ~ i BE RELOCATED. ~ ~ NORTHEAST CORNER v OF LOT 2, BLOCK 13 ~ W 1NDERGROUND SEWER ~ ~ LANCES TO AN t ~ FEET °0 IUARY 16, 1967 ~ PIP£ i cD W V ADDRESS: 2231 VAN DYKE ST. PROPOSED BUILD-LNG o ? 6II ' , - • •/1 J K 1 ~° 0 20.00 i ~ E-~ o ~ LINE „A„ ' Z W //~/_ ~5,'~T ~~ -- ~ ~ :_ _- s -NUE VACATED -- _ _ _ ~ -__~-_ _-~,,L ` - ~ ;. SOC. NO. 689612, REC: DEC. 2, 1966) \ \ \ , ~ \ 30- PSS -' TO AN EASEMENT FOR 1 C81 m :E OF SANITARY SEWER MAIN) 10.00 ~ •-------- ---------------------- ~----- C82w U PROPOSED BUILDING T CB3~ ~n C84 i' ADDRESS: 2211 VAN DYKE ST. m C85 j~ ,. ~" C 11 o I a 3 M in O 0 ADDRESS: 2201 VAN DY~CE ST. PROPOSED BUILDING 3s°52'zs"w ACATED ALLEY 2.6 ~ W m F w a Q F V N e~pp U n K N '~ ~~ O a Z ~ ~ ..i ~ O ~I x ~ 3 o r~i ~? in SS I SITE PLAN DETAIL 7 4 N Attachment 6 VACATION RESOLUTION WHEREAS, Bruce Mogren, representing the developer and property owners, applied for the vacation of the following: A part of a drainage and utility easement located in the vacated Laurie Road right-of-way lying west of Van Dyke Street in Section 11, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: 1. On March 15, 2004, the planning commission recommended that the city council approve the public vacation. 2. On April 12, 2004, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: It is in the public interest. 2. The existing easement in its current configuration is not needed for utility purposes. This vacation is subject to the owner providing the city a new 30-foot-wide drainage and utility easement for the existing sanitary sewer line, subject to the approval of the city engineer. The Maplewood City Council adopted this resolution on , 2004. 8 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MARCH 15, 2004 VI. NEW BUSINESS a. Easement Vacation -Van Dyke Village (Van Dyke Street) Mr. Roberts said Mr. Bruce Mogren, representing the developer and the property owners, is asking the city to vacate an existing drainage and utility easement on the site of the Van Dyke Village townhouses. Mr. Mogren is requesting the vacation because the existing easement would interfere with the proposed location of one of the buildings within the development. There is however, an existing sanitary sewer line in the easement. As such, the city needs an easement over the sanitary sewer but it does not need all of the existing easement in its current location. Commissioner Mueller asked how the developer determined after the fact that there is an existing drainage and utility easement? Mr. Roberts said he understood the soils were corrected last fall, architect laid the plans out, and the engineers did the preliminary work. He said the surveyors were doing a detailed site survey for financing and final building permits and when doing the title work they discovered the easement. Mr. Roberts said at that point the building pads were already laid out on the site. Chairperson Fischer asked the applicant to address the commission. Mr. John Faraci, Project Engineer with Development Engineering, St. Paul, representing the applicant, addressed the commission. Mr. Faraci said it was assumed that in the title work the easement was already vacated because it was an old plat. However, six months later the attorneys discovered that the easement was not vacated. Commissioner Pearson asked Mr. Faraci what the depth of the line closest to the garage? Mr. Faraci said the line is about 8 feet deep. Commissioner Mueller moved to approve the resolution on page eight of the staff report. This resolution is for the vacation of a drainage and utility easement within the site of the Van Dyke Village townhouse development on Van Dyke Street. The reasons for the vacation are as follows: 1. It is in the public interest. 2. The existing easement in its current configuration is not needed for utility purposes. This vacation is subject to the owner providing the city a new 30-foot-wide drainage and utility easement for the existing sanitary sewer line, subject to the approval of the city engineer. Commissioner Pearson seconded. Ayes - Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. Agenda t~H3 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Venburg Tire Relocation LOCATION: North of 2999 Maplewood Drive (Gulden's Roadhouse) DATE: April 5, 2004 INTRODUCTION Project Description Carol and Pat McFarlane, the owners of Venburg Tire, are proposing to relocate their tire business across Highway 61 to the north side of Gulden's Roadhouse. They are moving their business because County Road D is being realigned to run through the current Venburg Tire site. Refer to the maps on pages 18-22. Because the applicants' construction proposal would take away existing parking spaces from Guldens, they are proposing to relocate much of Gulden's front parking lot to a new parking lot behind the restaurant. The owners of Guldens, Brenda and Mike Gingler, would install their own screening for the proposed parking lot. Another aspect of this project is the construction of a shared private roadway that would separate Gulden's from the proposed Venburg Tire site. This private roadway would intersect future County Road D north of the proposed Venburg Tire building and connect with the driveway in front of LaMettry Collision to the south. The city will construct this roadway as part of the County Road D project. Requests The applicants are requesting that the city approve the following: 1. A CUP (conditional use permit) because the proposed building would be less than 350 feet away from the R1 (single dwelling residential) district to the west. This is a requirement of the M1 (light manufacturing district). The proposed building would be 220 feet from the west lot line. Refer to the applicant's justification on page 23. 2. A variance because the proposed building would be less than 350 feet away from the R1 district to the west. This is a requirement for motor vehicle repair garages in M1 districts. As noted above, the proposed building would be 220 feet from the west lot line. Refer to the applicants' justification on page 24. 3. A parking lot setback variance for the front parking lot from the front lot line. Code requires 15 feet. The applicants are proposing afive-foot setback. Refer to the applicants' justification on page 25. 4. A lot division to split their proposed site from the Gulden's property. 5. The vacation of two roadway easements. This is a city request to eliminate two unneeded easements from the Gulden's and Venburg Tire sites. 6. Architectural, site and landscape plans. 7. A setback variance for a freestanding sign. The proposed freestanding Venburg Tire sign is proposed on excess right-of-way in front of the applicants' site. Gulden's would also need approval of the following: 1. A parking lot screening plan. 2. A parking waiver to have 11 fewer parking spaces than the code requires. BACKGROUND The city has purchased the existing Venburg Tire site in order to extend County Road D on the east side of the highway. The applicants are now renting from the city until their new facility opens. DISCUSSION Conditional Use Permit and Variance Requests from 350-foot Spacing Requirement The code requires that the proposed Venburg Tire building be at least 350 feet from a residential lot line. This separation is to provide a separation between residential properties and automotive-repair buildings to lessen any negative impact. As proposed, the Venburg Tire building would be 220 feet from the residential lot line to the west. This is an undeveloped property, however. The proposed building would be 440 feet from the rear lot lines of the nearest developed residential properties to the west. Several of the homeowners to the west commented that they feel the reduction to 220 feet should not be approved. The 350-foot separation is easily being met for the existing homeowners to the west. The proposed reduction to 220 feet would only affect the abutting property, which is proposed for townhome development by James Kellison of Kelco. In his survey reply, Mr. Kellison supported the Venburg proposal and did not object to the 220-foot setback from his property. It should be noted that the city code does not prohibit developments closer than 350 feet to an abutting residential property, it just requires that the applicant get a CUP. The city council may deny a CUP, of course, but it also gives the council the opportunity to require substantial screening or other safeguards. Staff feels this CUP and variance should be approved because: 2 The properties of the neighbors along Duluth Street will be 440 feet from the proposed Venburg Tire building. This exceeds the 350-foot separation noted by ordinance. 2. These property owners, furthermore, will be separated from the proposed Venburg building by Mr. Kellison's future town house development. 3. Mr. Kellison feels that the proposed 220 foot building placement from his adjoining lot line is a sufficient separation. 4. The applicants must provide a planting screen as a buffer for Mr. Kellison's future development. Variance from the 15-foot Parking Lot Setback Requirement The applicant is requesting approval to build their front parking lot five feet from the front lot line. Staff supports this request because of the large setback this parking lot would have from the highway edge, a distance of 95 feet. The abutting property on the highway side of this site is excess right-of-way. It was set aside many many years ago for highway use, but was never needed as such. It shows up on property data to have no owner. For all intents and purposes, it serves as right-of- way, but technically is not. Typically, highway boulevards are 50 to 60 feet wide. The boulevard on the west side of Highway 61, at the nearest point adjacent to the proposed parking lot, is 95 feet wide. This small parking lot encroachment into the 15-foot setback area would not be noticeable and would meet the intent of the code. In a similar case, in 2000, the city council approved a parking lot setback variance for Forest Products at the northeast corner of Highway 61 and County Road C. Forest Products' parking lot was proposed to have an eight-foot setback at its point nearest the highway. The council approved Forest Products' parking lot to be seven feet closer to the right-of-way because the adjacent highway boulevard had a substantial width of 75 feet. Lot Division Guldens' Parking Needs The proposed lot division would cause the loss of parking for Guldens. As part of this proposal, the applicants will build a new parking lot for Gulden's behind the restaurant. According to parking requirements, Gulden's must have 125 parking spaces. Gulden's presently has 125 spaces, but with this proposal, they would end up with 114, which are 11 short of the code requirement. To accommodate this shortage, the applicants have agreed to areciprocal-parking arrangement with the owners of Guldens. With this arrangement, parking would be available for Gulden's customers on the Venburg Tire site. Being that Gulden's busy time is after normal business hours, this would provide beneficial overflow parking. 3 As a condition of approval, staff recommends that the applicants provide verification that they have signed an agreement with the owners of Gulden's for cross parking. Assemblage of Other Parcels The realignment of County Road D will create two remnant pieces of land. I labeled these Remnant Parcel One and Remnant Parcel Two on the map on page 21. Remnant Parcel One, which is presently part of the abutting property to the north, should be attached to the Venburg Tire property since it will be isolated from it's original piece when County Road D goes through. Remnant Parcel Two, which is part of the existing Gulden's site, should be dedicated to the city for County Road Dright-of-way. Shared Private Driveway The proposed lot-division line will, for the most part, follow the shared private roadway that the city would construct. This driveway should be covered by an easement document granted by the owners of all affected properties. Roadway Easement Vacations The city is requesting the vacation of the 33-foot-wide roadway easement along the north edge of the existing Gulden's Roadhouse site as well as the vacation of the 16.5- foot-wide roadway easement along the south edge of the Gulden's site. Staff is proposing these vacations since these easements are not needed for roadway purposes. The northerly easement aligns with vacated Lydia Street and is not needed as a right-of-way continuation. The 16.5-foot-wide southerly easement, as well, has no roadway purpose. Staff recommends that these both be vacated. Freestanding Sign Setback Variance In an attempt to maximize the visibility of their freestanding sign, the applicants are requesting approval to place their freestanding sign on the excess right-of-way abutting their front lot line. As discussed above with the parking-setback variance, this excess right-of-way was initially set aside for highway use, but was never needed as such. This strip of land is currently in the city's ownership. It was recently conveyed to the city from the State of Minnesota while securing land for County Road D. Staff has no objection to the applicants using this property for their sign placement as long as they observe the required ten-foot minimum setback from the actual right-of-way line as required by code. The proposed sign placement would meet the spirit and intent of the code since the sign would comply with the required 10-foot minimum setback from the actual right-of-way. Also, compliance with code would cause the applicants undue hardship since the 30 feet of excess right-of-way would require they place their sign further back than would otherwise be allowed. Architectural, Site and Landscape Plans Architectural (Building Design and Materials) The proposed building would be constructed of precast concrete panels with the exception of the two front entry exposures. 4 These would be accented with a wainscot of rock-face concrete block veneer, face brick above the block, astanding-seam metal awning above the brick and EIFS (exterior insulation finish system). EIFS is a material having astucco-look finish. The precast concrete panels would have an aggregate-texture finish. The proposed building colors would be light gray concrete panels, grey brick, a silver metal awning and canopy, and light gray EIFS. Other details include the painting of the rooftop mechanical equipment to match the precast panels. The trash enclosure would be located directly behind the building. It would have sides of precast concrete panels with chain link fence gates facing west. The plans show that there would be a concrete pad to park aused-tire trailer next to the shared access driveway to the south. The applicants now feel that they will not store used tires in this location. The city code requires that commercial buildings be designed to be compatible with the others in the area. The nearest building is Gulden's that is concrete block. The proposed building is compatible with Gulden's in the type of material proposed. More recent buildings in the near vicinity, however, have been upgraded with more decorative finishes like the Lexus, Volvo and Nissan dealerships, LaMettry Collision and Maplewood Toyota. LaMettry Collision and Maplewood Toyota are brick buildings. The auto dealerships all have concrete block shop and warehouse sections. Their showrooms have improved design and materials, which are largely, glass, EIFS and metal panels. Staff feels that the look and finish of the proposed Venburg Tire building would be compatible with Guldens, LaMettry Collision and Maplewood Toyota buildings to the south. The auto dealerships north along Highway 61 all have decorative showroom facades, but their shop and warehouse areas are concrete block, not unlike the precast concrete panels of applicant's proposed building. The CDRB recommended that the applicant redesign the south elevation since this would be a large and very visible wall surface. The board wanted the applicant to enhance this facade with additional architectural detailing. Site Design Considerations Parking: The proposed building must have 27 parking stalls according to ordinance. There are 32 proposed. Used Tire Storage: The proposed location for the used tire storage should be moved to a concealed location. Used tires should be kept within an enclosure as would the trash container. Signs: Wall signs have not been proposed. The applicants will need to work with staff for their sign needs and apply for the necessary permits. As noted above, the site plan shows the placement of a freestanding sign on the excess right-of-way. This will be considered through the variance request. Site Lighting: The applicants' photometric plan indicates that there would not be any light spillover that exceeds the maximum-allowed limit of .4 footcandles. The fixture design would be shoebox style that conceals the lens and bulb. 5 The only concern staff has is with the two west-facing wall packs that sometimes glare toward abutting properties. These lights should be further evaluated to make sure that they do not cause any nuisance to future neighbors. Well Abandonment: Gulden's is presently on a private well that is located on the proposed Venburg Tire site. A condition of this approval should be that the owners of Gulden's properly abandon this well in accordance to state requirements. Gulden's will then hook up to the city water supply. Landscaping: Staff has a few comments about the proposed landscaping plan. The proposed landscaped buffer on the west side of the site must provide screening that is at least six feet tall and 80 percent opaque upon planting according to code. This is to screen Venburg Tire from the residential properties to the west. Staff acknowledges that screening may be difficult to attain because of the grade drop from the shared roadway to the proposed parking lot. The trees shown, though, are too few to meet this requirement. Staff is supportive of the CUP for this building placement, but it should be contingent on strict adherence to the city's screening requirements. • There are only a few plantings proposed on the highway side of the proposed parking lot. Staff recommends additional plantings to enhance the site in the front. • Increase the number of trees on the south side of County Road D. • The applicants propose to irrigate the site to the base of the westerly slope. Staff feels that this is acceptable as long as the applicants make sure to water the seeded slope by hoses and sprinklers. The proposed landscaping on the south side of the building should be readdressed to make sure suitable landscaping is planted to help break up the appearance of this large building fagade. The CDRB made this a requirement in their motion. Gulden's Parking Lot Setback The proposed Gulden's rear parking lot is shown to have afive-foot setback. The city code requires 20 feet since the abutting property is proposed for residential use. The owners of Gulden's have said that they intend to meet the 20-foot setback requirement. Parking Lot Screening The owners of Gulden's are proposing to plant seven spruce trees on the west side of their proposed parking lot. As stated above, this number would be too few to provide the required screening. Staff recommends that the owners of Gulden's resubmit a screening plan that complies with the city code for the required screen that is six feet tall and 80 percent opaque. They are revising their plans to meet code. 6 Parkina Waiver The city code requires that Gulden's have 125 parking spaces. With the proposed rear parking lot, there would be 114. This would require approval of a parking waiver for Guldens. As stated above, Gulden's and Venburg Tire would have a reciprocal parking agreement for cross parking. Staff finds this to be a good solution and feels that the waiver for 11 fewer spaces should be approved. Site Li , htinq The photometric plan indicates that there would not be any light spillover that exceeds the maximum-allowed limit of .4 footcandles. The fixture design would be shoebox style that conceals the lens and bulb. Department Comments Building Official The building must have an automatic sprinkler system and meet all building code requirements. Police There are no significant public safety issues. Fire Marshal 1. Fire protection will be required in accordance to Section 1306 of the IBC (International Building Code). 2. Monitoring of the fire protection will be required. 3. Maintain a 20-foot emergency access road. 4. There must be a fire department lock box. 5. Storage of tires must be done according to MSFC 2505 Outside Storage and MSFC 2509 Inside Storage. If a fence is going to be used for tire storage, MSFC 2507 shall be followed. City Engineer Refer to the report on pages 30-31 from Chris Cavett, Maplewood Assistant City Engineer. Ramsey/Washington Metro Watershed District The following are comments from Cliff Aichinger of the watershed district: 1. The site would add impervious surface to the area. Drainage patterns are not shown, but I assume the site drains to the western Highway 61 ditch and south to 7 Kohlman Creek and Kohlman Lake. The project would require water runoff treatment for the new impervious surface area. Since the Gulden's property is not treated by any water quality feature, it is recommended, though not required, if a joint facility could be designed. 2. The site has some steep slopes. We assume some retaining walls will be incorporated into the plans. In either case, a site erosion and sediment-control plan will be required which addresses erosion issues during construction and after. 3. A district permit is required. Minnesota Department of Transportation (MnDOT) Engineers from MnDOT have stated that the following permits are required: platting permit, entrance permit, drainage permit and utility permit for the proposed construction and site development. The applicants' engineer should contact MnDOT and obtain any required permits as a condition of these approvals. The platting permit is needed because new subdivisions adjacent to MnDOT right-of-way need a permit. COMMISSION ACTIONS March 15, 2004: The planning commission recommended approval of the CUP, the 350-foot-reduction variance, the parking lot setback variance, the lot division and the easement vacations. March 29, 2004: The community design review board recommended approval of the plans, the sign-setback variance, the Gulden's site plan changes and the Gulden's parking waiver. The board recommended that the south elevation of the Venburg Tire building, however, be redesigned to enhance this large fagade with additional design modifications and improvements. The board also recommended that the landscaping plan for the south side of the building be revised to make sure suitable landscaping is planted to help break up the appearance of this large building facade. RECOMMENDATIONS A. Adopt the resolution on pages 32-33 approving a conditional use permit for the proposed Venburg Tire building to be located 220 feet from the adjacent residentially-zoned property to the west. Approval is based on the findings required by city code and the following reasons: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 8 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The neighboring properties along Duluth Street would be 440 feet from the proposed Venburg Tire building. This exceeds the 350-foot separation noted by ordinance. 11. These property owners, furthermore, will be separated from the proposed Venburg building by a future town house development. 12. The owner of the abutting westerly property that is proposed for townhomes approves of the proposed 220-foot building placement from his adjoining lot line. Approval of this permit is conditioned upon compliance with the following: 1. All construction shall follow the site plan that the city stamped February 3, 2004. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started, or the proposed use utilized 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 applicants shall submit a revised landscape plan for staff approval prior to the issuance of a building permit. 9 This plan shall provide a six foot-tall, 80 percent opaque landscaped screen for the abutting property to the west as required by the code. 5. The applicants shall sign a maintenance agreement with the owners of Gulden's and the city for the upkeep of the private roadway. 6. Outdoor tire storage is not allowed by this permit. All tires shall be kept within a screening enclosure. 7. The potential for excessive noise from this business is a concern of neighbors. The operator shall take care to keep doors closed to prevent nuisance noise from affecting residential neighbors. The city council shall review this during its periodic reviews of this permit. B. Adopt the resolution on pages 34-35 approving a variance to locate a building that would be used for automotive repair, 220 feet from an abutting residential property. Approval is based on the following findings: 1. Strict enforcement would cause undue hardship to the applicants because the site is not large enough to accommodate the proposed building without approval of a variance. 2. The variance would be in keeping with the spirit and intent of the ordinance since the grade slopes downward from the existing home sites to the west, which helps to obscure some of the mass of the proposed building. 3. The owner of the adjacent property to the west, the most affected neighboring owner, is in favor of the proposed building placement. Approval of this variance is conditioned upon the applicants submitting a revised landscape plan for staff approval providing for screening on the west side of the proposed parking lot. This screening shall comply with city code that requires a visual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. C. Adopt the resolution on page 36 approving a variance from the 15-foot front parking lot setback requirement. Approval is based on the following findings: 1. Strict enforcement would cause undue hardship to the applicants because it would cause them to set the parking lot further back needlessly, with no benefit. 2. The variance would be in keeping with the spirit and intent of the ordinance since there would be 95 feet of setback from the highway edge, which is approximately 40 feet more than the typical parking lot setback in this situation. 10 D. Approve a lot division to split the proposed Venburg Tire site from the Gulden's Roadhouse property, at 2999 Maplewood Drive. Before the city signs the deeds creating the new lots, the owners of Venburg Tire shall do the following: 1. Agree in writing to provide a new rear parking lot for Gulden's Roadhouse to replace lost parking due to the creation of the Venburg Tire site. The construction of this parking lot will be coordinated with the construction of the Venburg Tire site. 2. Agree in writing to a reciprocal parking arrangement with the owners of Gulden's to accommodate at least 11 parking spaces on the Venburg Tire site for use by Gulden's patrons after Venburg Tire is closed. 3. Agree to a maintenance agreement with the owners of Gulden's and the city for the maintenance of the shared private roadway. 4. Dedicate the excess property in the northeast corner of the Venburg Tire site to the City of Maplewood for right-of-way. The city engineer shall determine the exact configuration of this additional right-of-way. This is denoted as Remnant Parcel 2 in the staff report. 5. The triangular-shaped remnant property located south/southeast of the intersection of proposed County Road D and the proposed private roadway shall be adjoined with the Venburg Tire site. This is denoted as Remnant Parcel 1 in the staff report. 6. Provide drainage and utility easements as recommended by the assistant city engineer in his memo dated March 8, 2004. Since the exact locations of these easements may need to be determined after the stamping of deeds to split the lot, these easements must be dedicated prior to the applicants obtaining a building permit. 7. The deeds creating the Venburg Tire site must be recorded before the city shall issue a building permit. E. Adopt the resolution on page 37 vacating unneeded roadway easements on the northerly 33 feet and the southerly 16.5 feet of the existing Gulden's Roadhouse property. The vacations of these easements are based on the following reasons: 1. It is in the public interest since there is no need to use these easements for roadway purposes. 2. The city council vacated a portion of Lydia Street in 2001 that aligns with the 33-foot-wide easement. 3. The southerly 16.5-foot roadway easement is not needed. The owners of Gulden's Roadhouse have access to their entire site without the need of this easement. 11 F. Adopt the resolution on page 38 approving a setback variance for a freestanding sign for Venburg Tire to place their sign on the excess highway right-of-way. Approval is based on the following reasons: The proposed sign placement would meet the spirit and intent of the code since the sign would comply with the required 10-foot minimum setback from the actual right-of-way. 2. Compliance with code would cause the applicant undue hardship since the 30 feet of excess right-of-way would require the applicant to place their sign further back than would otherwise be allowed. Approval is subject to the applicant meeting aten-foot minimum setback from the actual highway right-of-way. G. Approval of the site plan date-stamped February 3, 2004, the civil drawings date- stamped March 1, 2004, the photometric plan date-stamped March 1, 2004 and the revised elevations date-stamped March 9, 2004, for Venburg Tire. Approval is subject to the applicants complying with the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicants must comply with all the requirements of the assistant city engineer's memo dated March 8, 2004. 3. Before getting a building permit, the applicants must submit a revised landscaping plan addressing the following: a. A planted screen on the west side of the site to provide screening that is at least six feet tall and 80 percent opaque upon planting according to code. b. Adding plantings on the highway side of the site. c. Providing additional plantings along the south elevation of the building. d. Increasing the number of trees on the south side of County Road D. e. All sodded areas must have an in-ground lawn irrigation system. 4. Before getting a building permit, the applicants shall provide revised plans with the following changes: a. The addition of a sidewalk to connect the proposed sidewalk on the south side of County Road D to the Venburg Tire parking lot. 12 b. Elimination of the open used-tire storage. There shall not be any open exterior storage on the site. c. Wall-pack lighting details to verify that the fixture type will not cause excessive glare to the westerly neighbor. d. Revise the south building elevation showing additional decorative banding to add detailing to this large building facade. e. Revised building elevations that provide for the screening of roof-top mechanical equipment as required by code. 6. Before getting a building permit, the applicants shall record the deeds with Ramsey County for the creation of this site. This recording also shall include the dedication of right-of-way to the city and the combination of the remnant property with the Venburg Tire site in the northwest corner of the property. 7. Before getting a building permit the owner of Gulden's shall properly abandon the well on the Venburg Tire site according to state health requirements. 8. Before getting a building permit the applicants shall apply for all required permits from the Minnesota Department of Transportation and the Ramsey/Washington Metro Watershed District. 9. Comply with all requirements of the Maplewood Building Official and Fire Marshal. 10. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The applicants submit an irrevocable letter of credit or cash escrow to cover the cost of any unfinished required exterior improvements. The applicants shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 11. All work shall follow the approved plans and these conditions. The director of community development may approve minor changes. H. Approve the proposed conceptual changes to the Gulden's Roadhouse site or a new rear parking lot, site lighting and landscaping. This approval also includes a parking waiver to have 11 fewer parking spaces than code requires since Venburg Tire will provide use of their parking lot for overflow parking. 13 Approval of the conceptual changes is subject to the owners of Gulden's doing the following before the city will issue a grading and paving permit for the new parking lot: 1. Submit a revised landscape plan for staff approval providing for screening on the west side of the proposed parking lot. This screening shall comply with city code that requires a visual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. 2. Submit a detailed grading and drainage plan. 3. Submit a revised site plan showing compliance with the required 20-foot minimum parking lot setback from the west lot line. The proposed parking lot shall have continuous concrete curb and gutter. 4. Seal the well on the proposed Venburg Tire site according to State of Minnesota Department of Health well-abandonment requirements. 5. Provide the city with documentation that Venburg Tire has approved a shared-parking agreement to allow Gulden's use of their parking lot. 14 CITIZEN COMMENTS Staff surveyed the 27 surrounding property owners within 500 feet of this site for their comments. Of the seven replies, one was in favor, three were opposed, one had no comment and two did not take afor-or-against position but had comments. No Comment This reply came from the owners of the Country View Golf Center. In favor Kami, Inc. supports this use. It is compatible with the surrounding neighborhood. We look forward to Venburg Tire being our neighbor. (Jim Kellison for Kelco Real Estate Development Services representing Kami, Inc.) (Mr. Kellison is the owner/developer for the vacant property to the west of Gulden's and the proposed Venburg Tire site. He is proposing to develop this property with town houses.) Opposed 1. Refer to the letter on pages 27-28 from Richard and Joyce Lambert, 2986 Duluth Street. In summary, the concerns noted are relative to potential noise problems, screening from the proposed Gulden's parking lot, compliance with shoreland requirements (their mention of a watershed area), possible negative impact on the residents to the west and disagreement with granting a CUP from the 350- foot spacing requirement. 2. Refer to the email response on page 29 from Eric Curtin, 3003 Duluth Street. In summary, Mr. Curtin raised the concerns about increased congestion, noise and pollution. He is also opposed to a CUP for the reduction of the 350-foot spacing requirement. 3. I do not object to Venburg Tires relocation, but I do object to the conditional use permit for the building to be 220 feet rather than 350 feet away from the west lot line. Why have the requirement of 350 feet if you do not enforce it? Let them be 350 like all the others have to be! All auto places are supposed to be 350 feet from the westerly lot line. (Richard and Carolyn Buchman, 2954 Duluth Street) Comments Consideration needs to be given to this new Venburg location, the realignment of County Road D and the increased business activity at Toyota and LaMettry's. We live on Duluth Street and our property overlooks Highway 61. Please require a property landscape plan and sound abatement to insure they meet the neighborhood integrity. This also includes updating LaMettry (very noisy) and Toyota. Thank you. (Don and Marguerite Newpower, 2946 Duluth Street) 15 2. We already have Toyota so it doesn't make much difference. (Thomas and Kathleen Myers, 2914 Duluth Street) REFERENCE SITE DESCRIPTION Site size: Two acres Existing Use: Gulden's Roadhouse parking lot SURROUNDING LAND USES North: The future realignment of Duluth Street and proposed commercial development South: Gulden's Roadhouse East: Maplewood Drive (Highway 61) and the existing location of Venburg Tire West: Vacant property proposed for town homes (pending proposal) PLANNING Land Use Plan Designation: M1 Zoning: M1 Criteria for CUP Approval Section 44-1097(a) states that the city council may grant a CUP subject to the nine standards for approval noted in the resolution on pages 32-33. Findings for Variance Approval State law requires that the city council make the following findings to approve a variance: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship, as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under the 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 a variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 16 APPLICATION DATE We received the complete applications and plans for these requests on March 1, 2004. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by April 30, 2004 unless the applicants agree to a time extension. p:sec 4\Venburg Tire Relocation.CUP Attachments: 1. Location Map 2. Property Line Map 3. Zoning Designations and Land Use Plan Classifications 4. Site Plan 5. Venburg Tire Landscape Plan 6. Conditional Use Permit Justification 7. Building Setback Variance Justification 8. Parking Lot Setback Variance Justification 9. Gulden's Roadhouse Parking Lot Screening Plan 10. Letter from Richard and Joyce Lambert 11. Letter from Eric Curtin 12. Memo from Chris Cavett, Assistant City Engineer dated March 8, 2004 13. Conditional Use Permit Resolution 14. Building Placement Variance Resolution 15. Parking Lot Variance Resolution 16. Roadway Easement Vacation Resolution 17. Sign Setback Variance Resolution 18. Planning Commission Minutes from March 15, 2004 19. Community Design Review Board Minutes from March 29, 2004 20. Plans (separate attachments): a. Site Plan date-stamped February 3, 2004 b. Civil Engineering Plans and Building Elevations date-stamped March 1, 2004 c. Photometric Plan date-stamped March 1, 2004 d. Building Perspective date-stamped March 19, 2004 e. Venburg Tire Landscape Plan date-stamped March 19, 2004 17 Attechrrlent 1 VADNAIS HEIGHTS O ~ Q U `~ s«vale '\~ W Lake J :- ,; ~ ,' ~ ~ .~ xa -/ io ~ PALM iESf DR u: nR CT. Y OR ~, ;, ~,~ ~'` c«,rrnr 0 ~HK;HrnocE cr. Q ~ ~~~ U ~ ° W 3 - ~ ~ ~ ~. ~ ~ ~ ~ GJ ~ _ ~P ~~ ~+ 3 ~ BEMI AVE. ~ o .rqy 3 ~i c~' PROPOSED ~ f ` VENBURG TIRE LOCATION ~• JoHN's & ~ ~. sari -- 2 COUNTRYNIEW ~Lw. ~ S 3. DULUTH CT. 4. LYDIA AVE ~ ® H BEAr AVE. 1 ~ KaIlk11011 '~ / ~ // / W `~ L°'°° ~ GULDEN'S ~ _____ __ -_--- _ _ RESTAURANT Korl~w AvE I ~3. - ~ ~ ~ COUNTY ROAD c •~ i~ x ~ , rarklwm ~ N ~~ ~ S , ~., ~ ~ -`" ~ ~ Z S K y ~ ~ ~ ~ z W ~ IC.1 IA ? ernrr P ~ ~ ° ° ~ ~~,,Y ~ a ° ~ qW EDp "" AVE. ~` A~ U ° T pppHT AVE. ~ ~ OE1dONf ~ AVE I-ii ~ ~ BROOKS AVE. ~ BROOKS BRODI~S o o In _ ~ AVE. ~ Ci. < ~ =3EX TANi rar ANf AVE. ~ ~ AVE. ~ ~ ~ LA GERVNS AyE, ~S ~/y~ ~ rc~ \ P1TTyy ~i GRMID'IAEW AVE. 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FW~IS AVE `". ~ ~ ~ RosErnooD AvE. ....-, laerr~ .,a ~ I ~- LOCATION MAP 1& G a~ ~i N Attachment 2 PROPERTY LINE MAP 19 COUNTY ROAD D CORD D E AttacMent 3 ~ i ~ ~ ~ •3 I 01 M 1 Y I I `' 0 ~~ ~•~I ~ ^ 1 I , I ~ ~ C ' ~ • • C Sm 33 3 M 2 I ao 0 140.03 ~ - - - - - - - - - - - -PROPOSED ,, l t7) ~ (Iro) P (~.~) _ 0 1(3a) m 4, z9 a~ VENBURG TIRE ' ' • ~ .o ~ ._.. _._ LOCATION pRpP ~ a ~I \ 9 SUMMIT CT• m 2(39)$ ps ~.~OCOT p / - ~ , 5 07 ~ ~~~s, p ~ N r / . ~ R ~ ro 0 Sao 1 - ~ ~ GULDEN'S~ I C2o) (21) IIL.41 B n ~ ~ 020 ~ I ~, _i ~ ~ / .r 9 .0 ~ M ~ L' A ..~ ~f ~) o .. ^ ~ i4. ~s re - - - - - - I- ~ .. {p - 10 o °: P 5 o u t d, r ~ ~~ 'S i COUNTRy~~ 3 ~ ~ t9T.~9 ~ _ = ~~ C~RC 1 ~ ~ ''w V • ~r1?~9 '8 R~reo X93) .~ ,sa ro ~ V Q` ` X14 N ~~) ~ 8) (~ 228.67 8 N F636.5) n esmt. _...~,,,....,,, ~ 'S (45 Q (31) (30) ~' 17 c Ila ~ 9~ ~ ~s5) ~ Gsls) O o n ' 3 ~ •D ' / i _ ~ X1 ~ 25' - -/ ~ O 2 `9 .90 ~ ) bte3AR. too .3f \g3~ O % ~ / ~ .` ' •473 135 / / ~ (47 ~. ,,, 1 ~l 12 p Q loe.03 `~ ~ II ? ry / C54~ Qo a~# g h ~ a ~ (48> 4°a° ~ ~ r4 0, °~ 20 21 ~ w 34) C 35) ,, { {37.gs . ' p (~LIC7G , i ao 12 ~ g 49) ~ _ _ I .l 4 ac. ~o a.4 ' ~' ~' _ 1 °' N N 247 ~ O 23(37) $ ~s - ` W 0 ~ v, 14 (51) ^? 'y y ~ o r• ~' rs " ~ 595 ~~Gr* 18"1 o. 6 ' 1 60 3 I I ~ . t e~ ^ t ry S 70 ~ DoC 148 29 99 8/G2/ii (rl V '~ - --. m - ~ m 1 6. -- ;re . ' , - -q ~» F ~~NTQ ~P .9E~~ ~ 1 ~o ZONING DESIGNATIONS AND LAND USE PLAN CLASSIFICATIONS N a AttacFment 4 REMNANT PARCEL 1 ~~. n :~~ __ ;~' s.::~`~ '~~; REMNANT PARCEL 2 _} .,< ~'~°, ., . .. :::::•.. Si nKiv+,n ~* Y _ -- -- - ,•, ., l _ i /// . ~ ..r ~,:.,y f {c ' ,..., .., .. .. ~ y4ia„I'gy , ~..:.. F /~ ~ r y , .. ~~.. Win. _ mx .. ~.,~ k -v .. I ~ `~ ~ "~ ~, fix y~ i ~~ ~:.. ~P ~ +~ ire ~ ~ ~; ~_f. ,~ , ~. , ; ~~ ~ ~i ~w~ '`r''`K, ~ .~~~" I ' ~ PR¢Pl,~ ,P~4R~EL.I• `` ~~M ~ ~" d ~~ / / ' ~r t~? z~.. I ~ -r- T #'` /j1/r, eg/I ,~ I r I /-) 1..., w{~I ~ .~, Y. I /' A I: rllr ~~ i'1:~i7~JIJl ~/ .Y X4.54. 9 M1t'~11r ~~'.~ I „i~. ~•~ ~ 1 i ' 1 ~ ~fl' / l,'~ ,' M'y9~~ir~•I v. '' .~'rr MII ,~, ~ 3:. ~~~ ~s~. 'r lil • PROPOSED LOT DIVISIONS ! ~ '~$ ~ "' ~~' M ly~Y',I ~ .I ~''~ , A/da Rstw.u f 5•I ~! ~ 7 . I - ,~ ~~ I i :1. I/ 4 ` ra , ll~ w1 .^Y' . II WK .. ' Y .. 1 \~ • `/ "k7 ~p„ 5 i I{ _- I~~• ~ .y ~ F!I ~I(', N .... ~ r ~~.. N~.~. , .4xr n N« .~ ~. '• k 1 ~ c I~ ri ~ ,, ~"~ ~ d ~ ~ ~~ _rK wi: .n w 58916'l!'W 500.(M .. ~~ 6I .. ~ t10.ita Oitl ~ 5Nf{5 1' ~ ~ y ', ~j~ ~/ ~ I , SITE PLAN 21 4 N ~.~ ~ Z e~osauwW poonna~dey~ U=f Nw ~ ~~in~~s 's ~~il ~~neN~~ ~^a 3~v~ i s 6 ~ ~ y ; N Vm ~ m 4 p~ `~ a _ N C Y € Sa~v _ ~ '" a m w_ " m m m m m ~ ` - H x m m ma9.4 y ~ m S $ ~ m a ~ _ gt~w - - - „ac"m ra~~~ ~ a ~' .5 .~`~ b ~ O ~~~o z° Jig o! of + -~ rn ! ~ I ~~ -I ~~~ II I r ^ I ~ ~ I H ~I _; ~_C ,, ~, ~. ~~ ~. ~i ~i i i i i I L,, ~~ # ~ I ~9 i i ~~ ~ l` \~-_ ~,~ .. °~~ ~) k i ~~ o ~'~ ~~ ~ ~.>~ a r ~ ~,~ ~ s. '\ ~, *`:. y ~~" a rn o ~, ~; N O r 0 _ ~ ~ , ~*.. ' \i ,. \ ~ 1~ k'cyv~~S~noS~yMo ~ \ Mod ~. ~ ~ ~. I '. _ -' ~~~~ - _- .l ! ~ 7 I -+= rA 0 b „~ N I I y U r tC _m N c~ a Attachment 5 W~ C L ~C m o a L m a o r~ z rn i ~ ~ ,,-f---_- ,, ;; iy /~ Y E r / ( j ~~ ~ ~ ~ 1 ,.i ~- /_~ ,; ~ ~ -~ ~ T ,:..a~`j - '~ /' ~/ I i 11 I i j ~ ,~ I/ ~~ r ~ Ids ~' ~ ~ ~ ! i ~i i ' ,' a ~' i I ~ i ~~~ ~~~ , / I e i ~' -~ai._.._. ~__. .~-- ~" ~F ~~~~~~ 22 / ~~~ Z g a wa V D Z H W W O~ ~°6` ~~ Attachment 6 CONDITIONAL USE PERMIT APPLICANT: MCFARLANE PROPERTIES, LLC The Property ("Parcel A") has been selected as the site for the relocation of the current Venburg Tire Store, which business involves retail, commercial and wholesale tire sales, and automotive repairs. The Applicant requests the City Council for the City of Maplewood to approve the Conditional Use Permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing, or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served be adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. F:\ClientsN779\0401 -Conditional Use Permit.wpd 23 Attachment 7 BUII.DING SETBACK VARIANCE APPLICANT: MCFARLANE PROPERTIES, LLC The Property ("Parcel A") has been selected as the site for the relocation of the current Venburg Tire Store, which business involves retail, commercial and wholesale tire sales, and automotive repairs. The City of Maplewood Zoning Code requires a 350 foot setback between a retail tire and automotive repair store and a residential property line. The Applicant is proposing a 200 foot setback between the proposed building on proposed Parcel A and the residential property line. This will require a variance of 150 feet. The Applicant requests the City Council for the City of Maplewood to approve the variance for the following reasons: 1. Strict enforcement of the City Ordinances would cause undue hardship because of circumstances unique to the property, as the Applicant cannot put the property to reasonable use if the City denies the variance. The 350 foot setback requirement makes development of the site extremely difficult. The proposed variance would not alter the essential character of the area. 2. The variance would be in keeping with the spirit and intent of the Ordinance. The proposed variance would not be excessive and would still protect the residential property, which is the intent of the Ordinance. F:\Clients11779\0401 -Zoning Code Variance [Building].wpd 24 Attachment 8 PARKING LOT SETBACK VARIANCE APPLICANT: MCFARLANE PROPERTIES. LLC The Property ("Pazcel A") has been selected as the site for the relocation of the current Venburg Tire Store, which business involves retail, commercial and wholesale tire sales, and automotive repairs . The City of Maplewood Zoning Code requires a 15 foot setback between a parking lot and the right of way. The Applicant is proposing a 5 foot setback between the proposed parking lot on proposed Pazcel A and the right of way. This will require a vaziance of 10 feet. The Applicant requests the City Council for the City of Maplewood to approve the variance for the following reasons: 1. Strict enforcement of the City Ordinances would cause undue hazdship because of circumstances unique to the property, as the Applicant cannot put the property to reasonable use if the City denies the variance. The 15 foot setback requirement makes development of the site extremely difficult. The proposed vaziance would not alter the essential chazacter of the area. 2. The vaziance would be in keeping with the spirit and intent of the Ordinance. The proposed vaziance would not be excessive. F:\Clients\1779\0401 -Zoning Code Variance [Parking Lot].wpd 25 Attachment 9 ~~ =-Fr-.L ..~ ~~' ~~!/ 9 SEVEN SPRUCE TREES PROPOSED GULDEN'S ROADHOUSE PARKING LOT SCREENING PLAN 4 N Attachment 10 February 14, 2004 Thomas Ekstrand City of Maplewood 1830 East County Road B Maplewood, MN 55109 i am in receipt of your letter dated February 10, 2004 regarding Venburg Tire relocation. Since I have already spoken with your on the phone, I would like to put in writing some of my concerns. It would be much easier to give feedback if the maps were more comprehensive. I know County Road D will be impacting the proposed area for Venburg Tire, however, the map does not indicate where County Road D will be routing through the area. On the Property Line Map/Zoning Map the north boundary line indicates the Venburg Tire or Gulden's has vacated the 33' of land that was to be Lydia Ave. Is this the case? This same map has very detailed numbers regarding the size of the residential lots, however, the dimensions for the Gulden's and Venburg lots are not on the map. It is very difficult to visualize and compare this proposal when information is not included. On the Site Plan map there is a parking lot behind Guldens. This parking lot currently does not exist. Is there a request from Gulden's to construct a parking lot, or has that already been approved? I have not seen or heard anything about this parking lot, but have observed construction activity behind Guldens. My other concern is the noise Venburg Tire will create. Although we live away from the Lametry business, we are able to hear noise created from their operation. I am very concerned about the noise level Venburg Tire would generate. I did not see any landscaping addressing this issue. -_ __ r - ~ Li o ._ t' j ~i G3.,e'~.J "~ 27 My other concern is the property behind Guldens. We have always been told that this is a watershed area and would not be developed. However, during our discussion, you informed me that there would be some development on this property. I view this development as having a negative impact on the properties abutting this land. As with the property development south of Gulden's where there is a good amount of space between the business's and homes, it should be the same for the property behind Guldens. To ask for a conditional use permit to deviate 120' from the code when there is a possibility of purchasing additional footage behind the proposed site and requesting a zoning change does not make sense to me. The space is there, just how much does the city want to cram into it? For the above reasons, We are against granting Venburg Tire the conditional use permit. Sin erely, _i ~~~ Richard and Joyce Lambert 2986 Duluth St. Maplewood, MN 55109 L__ Attachment 11 Tom Ekstrand From: Eric Curtin [curtin~IP-FIRM.com] Sent: Friday, February 13, 2004 11:38 PM To: Tom Ekstrand Subject: Venburg Tire -Proposed Relocation Tom: I am responding via this email to your letter of February 10, 2004 regarding the above-referenced matter. The lot division to divide the proposed site from Gulden's Restaurant would increase the number of residents per unit area along that strip and therefore generate a more congested feel. In addition, the division with corresponding construction of a new commercial enterprise will increase noise and other pollution in the area. Given the relatively immediate nature of the adjacent residential area, I believe it paramount that the larger lot size be maintained to facilitate lower congestion along that area. I oppose the conditional use permit for similar reasons. The code requiring 350 feet of space between any building and the westerly lot line serves a significant purpose - keeping space between a residential area and a commercial area. The proximity of residential areas with commercial areas dictates that existing rules and lot divisions be maintained. We strongly oppose the division of the Gulden's Restaurant site and the approval of the conditional use permit. Thank-you for your attention and for apprising us of this matter. Good luck in solving the surrounding issues - regardless of the decision that is made, people will be disappointed and in that regard, you have a difficult job. We appreciate your efforts. If you would, please confirm that you have received this email by responding with a brief acknowledgment. If necessary, I can return the letter you sent to us with these comments attached. Should you have any questions, please do not hesitate to contact me. Regards, Eric J. Curtin Attorney at Law Crawford Maunu PLLC Intellectual Property Attorneys 1270 Northland Dr., Suite 390 St. Paul, Minnesota 55120 651/686.6633 x103 (office) 651/686.7111 (fax) 612/747.2828 (mobile) Curtin@ip-firm.com <mailto:curtin@ip-firm.com> / www.ip-firm.com <http://www.ip-firm.com/> NOTICE OF CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGED/WORK PRODUCT This transmission contains confidential information. The attorney-client privilege and the attorney work-product doctrines may protect this confidential information. This confidential information is to be reviewed only by the addressee identified above, If you have received this transmission in error, you are instructed to destroy all pages immediately and to call the sender at the telephone number indicated 29 Attachment 12 Maplewood Engineering Review Project: Venburg Tire & Venburg/Guldens Lot Split Reviewed by: Chris Cavett, Assistant City Engineer Date: March 8, 200 Background Summary: In conjunction with the County Road D Realignment projects, the Maplewood Public Works Department has been working directly with the McFarlanes over the last year with regards to the relocation of Venburg Tire to this new proposed location. The Maplewood engineering department and the city's consultant URS has been working closely with the Venburg site plan and the layout of the proposed frontage road. There is a considerable amount of project coordination that must take place as part of this project. As part of the relocation and exchange agreements associate with the County Road D Realignment projects, the frontage will be constructed by the city as well as the rough grading of the proposed Venburg site. Construction on the Guldens/Venburg frontage road is scheduled to begin in late-April. Guldens must be connected to the proposed water main before the applicant can begin much work on the proposed Venburg site, as it is the location of Guldens well. In addition the applicant has an agreement with Guldens to construct the rear parking lot of Guldens before the Guldens north Parking lot can be eliminated. No ponding is required on this site as the runoff from this property has been accounted for in a regional pond located to the SW of the Guldens property. Pre-treatment of runoff will be accommodated by individual private treatment structures. Review Comments: In concept the Venburg Tire project as presented in the submittal material is feasible; however there are still a few details that must be addressed in revised plans. The engineering staff is quite comfortable that these details can be addressed before any permits are issued. With that said however, there appears to be a lack of coordination between applicant's plans and the city's frontage road plans. A design review meeting will take place with applicant's protect mans eg r, en ig_neer, architect, the city's consultant - URS and the Maplewood En~neering Department before final plans will be accepted. The following issues shall be addressed: 1. The city and their contractor shall be responsible for initial erosion control following the rough site grading. The applicant shall show on their Grading and Erosion Control Plan where and what permanent and temporary erosion control measures will be utilized. 30 2. It will be impractical to have any private utilities installed in the frontage road due to timing and coordination of the projects. Show the water, gas and electric entering the building in a location away from the street construction. 3. It is extremely doubtful that St. Paul Regional Water Service, (SPRWS), will permit the water service in the right-of--way to be located in such close proximity to the gas and electric services, nor is it a good practice within the property. Coordinate any water service issues with Mike Anderson of SPRWS. 4. The sanitary sewer was shown being extended in from the proposed main in County Road D. It appears that the segment of sewer may not be constructed until the realignment project takes place. Therefore staff and URS have proposed that the sewer service be located on the T.H. 61 frontage. It would seem logical that both the sewer and water services be located next to each other also. 5. The connections of the Venburg and Guldens storm sewer systems to the proposed city storm system shall be located at one of the storm structures being constructed during the city's project. Location and size shall be coordinated with the URS plans. 6. Provide the city with the proper drainage and utility easements over the public sanitary sewer, water main and storm sewer. Easements will be needed from both the Guldens and Venburg Properties for the public infrastructure along the T.H 61 frontage and from the Guldens property along their south property line. Exact locations and sizes will be determined with the revised plans. Provide 20-foot drainage and utility easements on either side of the common lot line, (proposed frontage road). Provide 10-foot drainage and utility easements along the west property lines of both properties and the north and east property lines of the Venburg Tire site. 7. Before utility permits will be issued for the construction of storm sewer, provide design calculations and sizing determination of the treatment structures, (Stormceptors), for both the Venburg site and Guldens site. 8. Before utility permits will be issued for the construction of storm sewer, both the owners of Venburg Tire and Guldens shall sign respective BMP Maintenance Agreements with the city ensuring private maintenance of their respective storm water treatment structures. 9. After the above conditions have been met, the applicant(s) may submit applications for Grading and Utility permits. Applications for both permits may also be obtained on the city's website: www.ci.maplewood.mn.us 31 Attachment 13 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Carol and Pat McFarlane applied for a conditional use permit to construct their new building closer than 350 feet to an adjacent residential district. WHEREAS, this permit applies to the property to the north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast comer of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest comer of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. WHEREAS, the history of this conditional use permit is as follows: On March 15, 2004, the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on .City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit because: H. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. I. The use would not change the existing or planned character of the surrounding area. J. The use would not depreciate property values. K. 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. 32 L. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. M. 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. N. The use would not create excessive additional costs for public facilities or services. O. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. P. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 6. All construction shall follow the site plan that the city stamped February 3, 2004. The Director of Community Development may approve minor changes. 7. The proposed construction must be substantially started, or the proposed use utilized within one year of council approval, or the permit shall become null and void. The council may extend this deadline for one year. 8. The city council shall review this permit in one year. 9. The applicants shall submit a revised landscape plan, prior to the issuance of a building permit, providing a six foot tall and 80 percent opaque landscaped screen for the abutting property to the west as required by the code. 10. The applicants shall sign a maintenance agreement with the owners of Gulden's and the city for the upkeep of the private roadway. 11. Outdoor tire storage is not allowed by this permit. All tires shall be kept within a screening enclosure. 12. The potential for excessive noise from this business is a concern of neighbors. The operator shall take care to keep doors closed to prevent nuisance noise from affecting residential neighbors. The city council shall review this during its periodic reviews of this permit. The Maplewood City Council approved this resolution on , 2004. 33 Attachment 14 350-FOOT SETBACK REDUCTION VARIANCE RESOLUTION WHEREAS, Carol and Pat McFarlane applied for a variance from the zoning ordinance. WHEREAS, this variance applies to the property north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast comer of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest comer of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. WHEREAS, Section 44-512(8)( c) of the Maplewood Code of Ordinances requires that all parts of amotor-vehicle repair facility be at least 350 feet from a residential district. WHEREAS, the applicants are proposing to build their building 220 feet from a residential district. WHEREAS, this requires a variance of 130 feet. WHEREAS, the history of this variance is as follows: 1. On March 15, 2004, the Planning Commission recommended that the City Council approve this variance. 2. The City Council held a public hearing on , 2004. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described variance for the following reasons: 1. Strict enforcement would cause undue hardship to the applicant because the site is not large enough to accommodate the proposed building without approval of a variance. 2. The variance would be in keeping with the spirit and intent of the ordinance since the grade slopes downward from the existing home sites to the west, which helps to obscure some of the mass of the proposed building. 34 3. The owner of the adjacent property to the west, the most affected neighboring owner, is in favor of the proposed building placement. Approval of this variance is conditioned upon the applicant submitting a revised landscape plan for staff approval providing for screening on the west side of the proposed parking lot. This screening shall comply with city code that requires a visual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. Adopted on , 2004. 35 Attachment 15 PARKING-SETBACK VARIANCE RESOLUTION WHEREAS, Carol and Pat McFarlane applied for a variance from the zoning ordinance. WHEREAS, this variance applies to the property north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast comer of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest comer of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. WHEREAS, Section 44-20( c)(5)(a) of the Maplewood Code of Ordinances requires that all parking lots shall be 15 feet from a street right-of-way. WHEREAS, the applicants are proposing to build their front parking lot five feet from their front lot line. WHEREAS, this requires a variance of 10 feet. WHEREAS, the history of this variance is as follows: 1. On March 15, 2004, the Planning Commission recommended that the City Council approve this variance. 2. The City Council held a public hearing on , 2004. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described variance for the following reasons: 1. Strict enforcement would cause undue hardship to the applicants because it would cause them to set the parking lot further back needlessly, with no benefit. 2. The variance would be in keeping with the spirit and intent of the ordinance since there would be 95 feet of setback from the highway edge, which is approximately 40 feet more than the typical parking lot setback in this situation. Adopted on , 2004. 36 Attachment 16 ROADWAY EASEMENT VACATION RESOLUTION WHEREAS, the City of Maplewood Staff initiated the vacation of the following described roadway easements: The North 409.5 feet of the East 500 feet of the South one half of the Northeast quarter of Section 4, Township 29, Range 22, subject to easements over the North 33 feet and the South 16.5 feet for roadway purposes, and subject to State Trunk Highway 61, according to the Government Survey. WHEREAS, the history of this vacation is as follows: On March 15, 2004, the planning commission recommended that the city council approve this vacation. 2. On , 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the following properties: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying southerly of a line drawn from a point of the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast comer of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest comer of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above described vacation for the following reasons: 1. It is in the public interest since there is no need to use these easements for roadway purposes. 2. The city council vacated a portion of Lydia Street, which aligns with the 33-foot- wide easement, in 2001. 3. The southerly 16.5-foot roadway easement is not needed. The owners of Gulden's Roadhouse have access to their entire site without the need of this easement. Adopted on , 2004. 37 Attachment 17 SIGN-SETBACK VARIANCE RESOLUTION WHEREAS, Carol and Pat McFarlane applied for a variance from the sign ordinance. WHEREAS, this variance applies to the property north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast comer of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south of the northwest comer of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. WHEREAS, Section 44-802(a) and (c) of the Maplewood Code of Ordinances requires that all freestanding signs shall be at least 10 feet from any lot line. Also that all signs shall not project over public property, except where specifically allowed by the code. WHEREAS, the applicants are proposing to install their freestanding sign on a piece of excess highway right-of-way. WHEREAS, the history of this variance is as follows: On March 23, 2004, the Community Design Review Board recommended that the City Council approve this variance. 2. The City Council held a public hearing on , 2004. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described variance for the following reasons: 1. The proposed sign placement would meet the spirit and intent of the code since the sign would comply with the required 10-foot minimum setback from the actual right-of-way. 2. Compliance with code would cause the applicant undue hardship since the 30 feet of excess right-of-way would require the applicant to place their sign further back than would otherwise be allowed. 38 Approval is subject to the applicant meeting aten-foot minimum setback from the actual highway right-of-way. Adopted on , 2004. 39 ~7:~_1 a 1 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MARCH 15, 2004 VI. NEW BUSINESS b. Venburg Tire (Highway 61 North) Mr. Ekstrand said Carol and Pat McFarlane, the owners of Venburg Tire, are proposing to relocate their tire business across Highway 61 to property on the north side of Gulden's Roadhouse. They are moving their business because the city is realigning County Road D and the new road will run through the current Venburg Tire Site. Mr. Ekstrand said because the applicants' construction proposal would take away existing parking spaces from Guldens, they are proposing to relocate much of Gulden's front parking lot to a new parking lot behind the restaurant. The owners of Guldens, Brenda and Mike Gingler, would install their own screening for the proposed new parking lot. Mr. Ekstrand said another aspect of this project is the construction of a shared private roadway that would separate Gulden's from the proposed Venburg Tire site. This private roadway would intersect the future County Road D north and west of the proposed Venburg Tire building and connect with the driveway in front of LaMettry Collision to the south. The city will construct this roadway as part of the County Road D project. Commissioner Desai asked Mr. Ekstrand if the city knew what the townhouses would look like and how they would be positioned on the property? He said he wished the property owner were present tonight to hear the concerns of the commission and answer questions that may come up. Taking the property owners word doesn't seem sufficient and he is concerned that after Venburg Tire is built the property owner will come back to the city with objections. Mr. Ekstrand said it's hard to say what a future owner might say. He said currently the townhome plan is only a concept and that he has a preliminary site plan showing what the townhouse layout would look like. He said the only thing the city can rely on at this point is the property owner's agreement that he has no objection to the 220 feet reduction. Commissioner Desai asked if the verbal agreement could be put in writing? Mr. Ekstrand said when the city sent out a survey to the surrounding property owners the property owner wrote his opinion on the survey form so the city has it in writing already. Commissioner Trippler said until the city has more than a concept in hand he believes the commission should base their decision on what is currently before them not based on a concept. He asked what the distance was between the proposed Venburg Tire property and the closest home along Duluth Street? Mr. Ekstrand said it is roughly 500 feet in distance between the closest home and the proposed Venburg Tire building. Commissioner Trippler asked what the elevation difference was between the homes along Duluth Street and the proposed Venburg Tire building? He also asked how tall the Venburg Tire building would be? Mr. Cavett said he estimates there is over 40 feet of elevational difference between the existing homes and Venburg Tire. Mr. Ekstrand said the height of the proposed Venburg Tire building is 18 feet. Commissioner Mueller asked what would happen if the developer of the townhouse property came back and claimed it was too noisy and congested and that Venburg Tire is too close to the townhome property? Mr. Ekstrand said they could raise noise issues but after the Venburg Tire building is built they can't complain about that. Mr. Ekstrand said during the CUP review the city can go back and talk to the applicant about the noise concerns that were raised by the neighbors. Mr. Ekstrand said he believes the placement of the Venburg Tire building and the way the service area is facing away from the residential homes should help with the noise level. Commissioner Dierich said she is confused how the city can go ahead with this plan whether the builder of the future property says yes or no. When the developer of the future property comes before the commission she said she will look very closely at the plans to see how close the townhomes are to the Venburg Tire building. She asked if the future developer understood that it's possible that the city could require extra soundproofing in the townhomes or the city may decrease the number of townhome units to be built. She would feel better about this whole situation if she knew the developer understood these circumstances because he is probably not going to be living in one of these units but others will. Mr. Ekstrand said he would relay that concern to the developer. Commissioner Dierich understands the city needs to accommodate Venburg Tire. The last time the commission reviewed this proposal she didn't realize it would be for such a large variance. She said she is fine with the 50-foot distance but not with 120 feet. She said she wouldn't have approved a variance this large in the past had she understood the distance. She said she thinks the neighbors have a legitimate concern that the city should not be able to change the variance when they feel like it just because it's to the city's advantage. Mr. Ekstrand said this variance wouldn't affect the homes on Duluth Street so much as it would affect the property that the townhomes could possibly be built on. He said unfortunately the city doesn't have anybody else to ask their opinion about other than relying on the written agreement on the survey from the current owner of the property. Commissioner Pearson said he saw something on the site plan for a storage area. He asked if there would be outdoor tire storage on this property? Mr. Ekstrand said he spoke with the applicants prior to the meeting and they stated they are no longer going to put that concrete pad and there would be no outdoor tire storage. Commissioner Trippler said Gulden's Roadhouse restaurant is already 200 feet from residential property and he wouldn't feel right not granting Venburg Tire the 220-foot setback when a commercial building is already closer than the proposed Venburg Tire building would be. He said maybe in the future the city should look at rezoning the strip of land that may have townhomes built on in the future to (BC) Business Commercial. Commissioner Desai asked if the applicant had looked at pushing the building farther so there would be a 50-foot variance instead of a 220-foot variance? Mr. Ekstrand said the applicant would have to answer that question. Mr. Roberts said he understood from a previous discussion if Venburg Tire moved their building too close to Highway 61 the building would visually block the view of Gulden's Roadhouse restaurant from the highway. Commissioner Trippler said it would look strange to have Gulden's sitting farther back on the lot and Venburg Tire's building closer to Highway 61. Building Venburg Tire where it is on the plans would keep the properties more in line with each other. Commissioner Mueller asked if the way the vacant property is zoned currently if apartments could be built on the property? Mr. Ekstrand said no, the property is zoned for single family. Commissioner Mueller said the reason he asked is planning commissioners said they think the property should be zoned something other than residential because of the closeness to Venburg Tire but apparently it needs to remain single-family housing. He said he is impressed that the two owners of Gulden's and Venburg Tire are working together. Their agreement to share parking space as well as being able to work together is impressive. He said he wished those types of agreements could be worked out more frequently in developments around the city. He said realigning County Road D is a good thing and in order to have the realignment Venburg Tire is going to be displaced. Fortunately moving Venburg Tire across the street allows them to stay in the city and the city gets a road realigned so both arrangements are a positive thing for the city. Commissioner Dierich said she is happy as well to see the two business owners working together and sharing the drive and parking lot for overflow parking. She also wished those types of partnerships would happen more often in developments in the city. Chairperson Fischer asked the applicant to address the commission. Mr. Pat McFarlane, owner of Venburg Tire on Highway 61, Maplewood, addressed the commission. Mr. McFarlane said he and Mike Gingler the owner of Gulden's have worked very hard on this project. He wanted to thank the staff from the City of Maplewood and the surrounding business owners who have been working diligently with Venburg Tire while they have been finalizing these plans over the past two years. They have worked with landscapers, customers, and everyone possible to figure out a decent plan to help provide screening, which is a requirement of the city. They are currently planning on investigating moving the large coniferous trees on the property, which would give immediate screening to the homes behind the property. Planting six-foot trees would take about 20 to 25 years to provide proper screening and he felt moving the existing trees would be a much better plan. He said this has been a tremendously difficult project because there are so many players in this plan. This includes people such as the State of Minnesota, the surrounding businesses, the City of Maplewood, and cross easements and restrictions on the property. He said the original plan called for a holding pond in front of the Venburg Tire property, which would have pushed the building even closer to the residential homes. Thankfully that plan changed and now the building is going to be placed as it is shown on the plan. Mr. McFarlane said one major issue is the physical position of Gulden's on the property. He said if they could move the Gulden's building they would, but they can't. Therefore, they have to work around the positioning of the building in order to make it possible for both Gulden's and Venburg Tire to be visual seen from Highway 61. Commissioner Trippler asked the applicant what the two large doors are for and what was going to be on the other side of the two doors? Mr. McFarlane said that is going to be warehouse space. Originally they wanted that area to be a loading dock but they do not ship or deliver tires, they only receive tire deliveries. The only time they open the door is for periodic deliveries of 150-500 tires at a time that are unloaded and the door gets closed. He said ideally they would like to be able to have a door large enough to back a truck in and out. Commissioner Trippler asked Mr. McFarlane if he had the opportunity to speak with any of the neighbors about their concerns that live along Duluth Street? Mr. McFarlane said he personally did not have the opportunity to speak with the neighbors but some of his staff did and the neighbors had been very open with their questions and comments. Commissioner Desai said moving those large coniferous trees is a big project and is very expensive but so far it's the best solution for screening and keeping the noise level down between the business and the residential homes until potentially the townhomes are built. Commissioner Mueller moved to adopt the resolution on pages 31-32 of the staff report approving a conditional use permit for the proposed Venburg Tire building to be located 220 feet from the adjacent residentially zoned property to the west. Approval is based on the findings required by city code and the following reasons: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served be adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The neighboring properties along Duluth Street would be 440 feet from the proposed Venburg Tire building. This exceeds the 350-foot separation noted by ordinance. 11. These property owners, furthermore, will be separated from the proposed Venburg building by a future town house development. 12. The owner of the abutting westerly property that is proposed for townhomes approves of the proposed 220-foot building placement from his adjoining lot line. Approval of this permit is conditioned upon compliance with the following: 1. All construction shall follow the site plan that the city stamped February 3, 2004. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started, or the proposed use utilized 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 applicants shall submit a revised landscape plan, prior to the issuance of a building permit, providing asix-foot tall and 80 percent opaque landscaped screen for the abutting property to the west as required by the code. 5. The applicants shall sign a maintenance agreement with the owners of Gulden's and the city for the upkeep of the private roadway. 6. Outdoor tire storage is not allowed by this permit. All tires shall be kept within a screening enclosure. 7. The potential for excessive noise from this business is a concern of neighbors. The operator shall take care to keep doors closed to prevent nuisance noise from affecting residential neighbors. The city council shall review this during its periodic reviews of this permit. Commissioner Mueller moved to adopt the resolution on pages 33-34 of the staff report approving a variance to locate a building that would be used for automotive repair, 220 feet from an abutting residential property. Approval is based on the following findings: 1. Strict enforcement would cause undue hardship to the applicants because the site is not large enough to accommodate the proposed building without approval of a variance. 2. The variance would be in keeping with the spirit and intent of the ordinance since the grade slopes downward from the existing home sites to the west, which helps to obscure some of the mass of the proposed building. 3. The owner of the adjacent property to the west, the most affected neighboring owner, is in favor of the proposed building placement. Approval of this variance is conditioned upon the applicants submitting a revised landscape plan for staff approval providing for screening on the west side of the proposed parking lot. This screening shall comply with city code that requires a visual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. Commissioner Mueller moved to adopt the resolution on pages 35 of the staff report approving a variance from the 15-foot front parking lot setback requirement. Approval is based on the following findings: 1. Strict enforcement would cause undue hardship to the applicants because it would cause them to set the parking lot further back needlessly, with no benefit. 2. The variance would be in keeping with the spirit and intent of the ordinance since there would be 95 feet of setback from the highway edge, which is approximately 40 feet more than the typical parking lot setback in this situation. Commissioner Mueller moved to adopt the resolution on page 4 of the staff report vacating unneeded roadway easements on the northerly 33 feet and the southerly 16.5 feet of the existing Gulden's Roadhouse property. The vacations of these easements are based on the following reasons: 1. It is in the public interest since there is no need to use these easements for roadway purposes. 2. The city council vacated a portion of Lydia Street in 2001 that aligns with the 33-foot- wide easement. 3. The southerly 16.5-foot roadway easement is not needed. The owners of Gulden's Roadhouse have access to their entire site without the need of this easement. Commissioner Mueller moved to approval of a lot division to split the proposed Venburg Tire site from the Gulden's Roadhouse property, at 2999 Maplewood Drive. Before the city signs the deeds creating the new lots, the owners of Venburg Tire shall do the following: Agree in writing to provide a new rear parking lot for Gulden's Roadhouse to replace lost parking due to the creation of the Venburg Tire site. The construction of this parking lot will be coordinated with the construction of the Venburg Tire site. 2. Agree in writing to reciprocal parking arrangement with the owners of Gulden's to accommodate at least 11 parking spaces on the Venburg Tire site for use by Gulden's patrons after Venburg Tire is closed. 3. Agree to a maintenance agreement with the owners of Gulden's and the city for the maintenance of the shared private roadway. 4. Dedicate the excess property in the northeast corner of the Venburg Tire site to the City of Maplewood for right-of-way. The city engineer shall determine the exact configuration of this additional right-of-way. This is denoted as Remnant Parcel 3 in the staff report. 5. The triangular-shaped remnant property located south/southeast of the intersection of proposed County Road D and the proposed private roadway shall be adjoined with the Venburg tire site. This is denoted as Remnant Parcel 2 in the staff report. 6. Provide drainage and utility easements as recommended by the assistant city engineer in his memo dated March 8, 2004. Since the exact locations of these easements may need to be determined after the stamping of deeds to split the lot, these easements must be dedicated prior to the applicants obtaining a building permit. 7. The deeds creating the Venburg Tire site must be recorded before the city shall issue a building permit. Commissioner Pearson seconded. Ayes - Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on April 12, 2004. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MARCH 29, 2004 (rescheduled from 3-23-04) VI. DESIGN REVIEW a. Venburg Tire -North of 2999 Maplewood Drive Mr. Ekstrand said Carol and Pat McFarlane, the owners of Venburg Tire, are proposing to relocate their tire business across Highway 61 to the north side of Gulden's Roadhouse. Mr. Ekstrand said Venburg Tire is moving their business because County Road D is being realigned to run through the current Venburg Tire site. Mr. Ekstrand said because the applicants' construction proposal would take away existing parking spaces from Guldens, they are proposing to relocate much of Gulden's front parking lot to a new parking lot behind the restaurant. The owners of Guldens, Brenda and Mike Gingler, would install their own screening for the proposed parking lot. Mr. Ekstrand said the applicant has provided building material samples for the board to review. Mr. Ekstrand handed out a revised landscaping plan to board members. Board member Shankar asked if the board was approving the entire site plan including the part for Gulden's Roadhouse restaurant? Mr. Ekstrand said yes. Staff is considering the plan conceptual at this point because staff would like to see revised site plans showing the adjustments to the orientation of the parking lot with the back lot line and the landscaping. Chairperson Ledvina asked if Gulden's anticipated any improvements to their building? Mr. Ekstrand said yes. They have mentioned they would like to make some exterior enhancements to their building in the future; however, they do not have any plans at this time to present to the board. Chairperson Ledvina asked staff if Gulden's planned on building a new building in that location or just revitalize their existing building? Mr. Ekstrand said they would only be making exterior improvements to the building. Chairperson Ledvina asked how the elevation change is measured? Mr. Ekstrand said this is a difficult site because of the drop in the grade. In this case the applicant's landscaper has been trying to consider the grade and plant things for proper screening while taking into account the drop in grade. Board member Shankar asked what the elevation difference was from County Road D to this site? Mr. Ekstrand said the architect knows the answer to that question and he can address that when he has the opportunity to speak to the board. Chairperson Ledvina asked the applicant to address the board. Mr. Pat McFarlane, owner of Venburg Tire, 2990 Highway 61, Maplewood, addressed the board. He said this project has been going on between the Ginglers, the owners of Gulden's Roadhouse restaurant and Venburg Tire for over 2 years now. Mr. McFarlane said this is an extremely difficult project because of the number of people that are involved. He said they wanted to have a building somewhat similar to the other buildings on the block. Mr. McFarlane said they drove around and looked at different building exteriors and found two that they liked. One building was Comfort Bus on Rice Street in Maplewood and the other was Specialty Engineering on Cope Avenue. Mr. McFarlane said because the customers at Gulden's will walk out of the building and see the expanse of the south wall on the Venburg Tire building they are concerned with how to treat the south wall with landscaping so it is visually pleasing. They also need to ensure that what ever they plant there is salt resistant and can be watered by a drip system. They have been working with the Gingler's and the customers at Guldens, customers at Venburg Tire and others to get their input regarding the building exterior treatment and color scheme to make sure it is visually pleasing and to ensure the building exterior will have longevity. Board member Olson asked if Venburg Tire planned on having another color such as an accent color on the building other than gray and white color on the exterior? Mr. McFarlane said there would be a red accent stripe on the building exterior and they will have red in their sign. Board member Shankar asked why the spacing of the trees on the landscaping plan was changed? Mr. McFarlane said they spoke to customers who have asked Venburg Tire not to plant the same kind of tree one after the other in a row. They recommended clumping trees together so the trees don't appear so uniform one after another. He said they are still working on the landscaping plan to be approved by the staff. Chairperson Ledvina asked the applicant if they had considered using raised planters on the south wall to give more height to the landscaping on the expansive wall? Mr. McFarlane said no they had not but they have not ruled that idea out either. Board member Shankar said the wall is 18 feet high and if a series of stepped planters are used then that would reduce the expansiveness of the south wall. Board member Olson asked if Gulden's overflow parking would go into Venburg Tire's parking lot? Mr. McFarlane said yes. He assumes that when Gulden's has banquets or receptions they will have a need for overflow parking especially when they have additional employees working. Chairperson Ledvina asked the architect to address the board. Mr. Bob Burow, Architect with RB Architects, 750 South Plaza Drive, Mendota Heights, addressed the board. While Mr. Burow stepped away from the microphone he discussed the building exterior samples that were provided for the board to review. Board member Shankar asked if the metal panel would be flat? Mr. Burow said it would be a flat metal panel with a shadow effect above the windows. Chairperson Ledvina said the city has seen rooftop mechanical units that detract from the appearance of the building. He said the single-family homes on Duluth Street would see the top of the Venburg Tire building as they look out and he asked how many stacks and units would be seen on their roof? Mr. Burow said there would be some small stacks, two rooftop units and some bathroom exhaust venting. Board member Shankar asked if there would be any wall pack lighting on the building? Mr. Burow said there are some wall pack lights on the west, north and east elevations. They are the cutoff design and should comply with the ordinances. Chairperson Ledvina asked what material would be used on the garage doors? Mr. Burow said the garage doors are going to be made of aluminum and will be a white pre- finished-anodized. Chairperson Ledvina asked what color the bollards would be? Mr. Burow said that has not been determined yet but the bollards will probably be painted either gray or black. Chairperson Ledvina asked if they considered using a pitched roof on the design of this building such as over the customer service/retail area? Mr. Burow said at one time they had a plan with a pitched roof but because of cost the plan was changed. Chairperson Ledvina asked if a representative of Gulden's restaurant would like to address the board? Mr. Mike Gingler, owner of Gulden's Roadhouse restaurant, 2999 Highway 61, Maplewood, addressed the board. Mr. Gingler said he and his wife Brenda have been the owners of Gulden's Roadhouse restaurant for almost 14 years now and have upgraded the building immensely. Mr. Gingler said they are excited to get some capital in their building from the sale of the property to Venburg Tire. He said they plan on building a canopy to the entrance of the building, a canopy over the windows and a canopy over a walk way from the back of the building. So the majority of the money made off the sale of the property is going towards updating the parking lot and building. They would like the building to blend in with the other buildings in the area so the whole area looks nicer. He thinks it's exciting to see two small privately owned companies such as Gulden's and Venburg Tire stick it out and survive this challenge. Board member Olson asked staff if the site to the south in between LaMettry's and Gulden's would stay open space? Mr. Ekstrand said yes for the most part it would. The land is within the shoreland boundary area of Kohlman Lake. There is a conceptual plan for a townhome development to the west and to the north of Gulden's and the new Venburg Tire property. Board member Olson asked Mr. Cavett if he was concerned about the drainage from this site and into the shoreland boundary area of Kohlman Lake? Mr. Cavett said no, the city has been working with the applicant and our consulting engineer. The consulting engineer is working with the County Road D realignment and the frontage road. They have been working with the drainage design and this is part of a regional pond that has been developed. These sites are going to have some localized treatment; otherwise it's going to be managed into the city's system. There was miscellaneous discussion between the board and the architect regarding how to best handle the expanse of the south wall and the landscaping possibilities. Chairperson Ledvina said in his opinion this building design could be improved. His overall concern is the customer service area is not emphasized enough and could be enhanced by having a pitched roof. This part of the building should also have brick all the way to the top of the wall. Overall the building is visually not what he expected. The city has high expectations of how this area is developed with the County Road D realignment and the future townhomes that will be built and the design isn't as visually pleasing and deserves more attention to detail. He said with all the building that will be happening in the Legacy Village area this building design should standout more. Board member Olson said she understands where the other board members are coming from. She said when you look at this building it appears to be nothing more than a large rectangle. However, she thinks the applicant did a good job with the selection of building materials. Board member Shankar said to emphasize the customer service area that area of the building either needs to project out two feet or setback two feet to show the separation. Board member Olson and Chairperson Ledvina said they wouldn't like to see the customer service area setback two feet because that would de-emphasize the area even more. Board member Olson said she is concerned about the additional cost to the applicant if the board asked him to expand the customer service area by two feet. Mr. Burow said expanding the building two feet would add at least $20,000 to the cost of the already $1.8 million dollar building. Mr. McFarlane said the cost of this building is going up weekly. The cost of steel has gone up 50%. $20,000 is a lot to add to the budget for this building. He said if he would have been able to afford to add two feet to the building design to begin with he would have done that already, but he can't. He believes this building proposal is a nice looking building and is a much nicer building than the Discount Tire building on White Bear Avenue, which has no character and isn't a very nice looking building. His customers have told him he needs to build this building for the future. Board member Shankar asked what the total square footage of the proposed building would be? Mr. Burow said the proposed building is 9,855 square feet. Board member Shankar moved to approve the site plan date-stamped February 3, 2004, the civil drawings date-stamped March 1, 2004, the photometric plan date-stamped March 1, 2004, and the revised elevations date-stamped March 9, 2004, for Venburg Tire. Approval is subject to the applicants complying with the following conditions: (Deleted conditions are stricken and changes in the original conditions are in bold.) 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicants must comply with all the requirements of the assistant city engineer's memo dated March 8, 2004. 3. Before getting a building permit, the applicants must submit a revised landscaping plan addressing the following: • A planted screen on the west side of the site to provide screening that is at least six feet tall and 80 percent opaque upon planting according to code. • There are no plantings on the highway side of the proposed parking lot. Staff recommends some landscaping in this area to enhance the site, as is the typical requirement. The applicant shall submit a revised site plan for the south side of the building for review by the city staff. • Increasing the number of trees on the south side of County Road D to accomplish a spacing of 30 feet on center. • The applicants propose to irrigate the site to the base of the westerly slope. Staff feels that this is acceptable as long as the applicants agree to water the seeded slope by hoses and sprinklers. • All sodded areas must have an in-ground lawn irrigation system. 4. Before getting a building permit, the applicants shall provide revised plans with the following changes: • The addition of a sidewalk to connect the proposed sidewalk on the south side of County Road D to the Venburg Tire parking lot. • Elimination of the open used-tire storage. There shall not be any open exterior storage on the site. • Wall-pack lighting details to verify that the fixture type will not cause excessive glare to the westerly neighbor. ~~ The applicant shall submit revised building elevations showing a different banding scheme on the south side of the building. • Revised building elevations that provide for the screening of rooftop mechanical equipment as required by code. 5. Record the deeds with Ramsey County for the creation of this site. This recording also includes the dedication of right-of-way to the city, the dedication of excess property to the neighboring property owner west of the private roadway and the combination of the remnant property with the Venburg Tire site in the northwest corner of the property. 6. Apply for all required permits from the Minnesota Department of Transportation and the Ramsey/Washington Metro Watershed District. 7. Comply with all requirements of the Maplewood Building Official and Fire Marshal. 8. If any required work is not done, the city may allow temporary occupancy if: The city determines that the work is not essential to the public health, safety of welfare. The applicants submit an irrevocable letter of credit or cash escrow to cover the cost of any unfinished required exterior improvements. The applicants shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 9. All work shall follow the approved plans and these conditions. The director of community development may approve minor changes. Chairperson Ledvina seconded. Ayes - Shankar Nay -Ledvina, Olson The motion failed. Board member Olson said she couldn't justify asking the applicant to add two feet to his building to enhance the customer service area spending an additional $20,000 on his building. Board member Shankar said he understands what Board member Olson is saying. He thinks it is easier and less expensive to add the two feet now rather than possibly wanting to expand the building down the road. Board member Olson moved to approve the same motions that Board member Shankar made eliminating the two-foot expansion request. Board member Shankar seconded. Ayes -Olson, Shankar Nay -Ledvina Chairperson Ledvina said he understands the applicant has worked very hard to get to this point with this building, however, he expected the customer service area to be more of a focal point and believes more work could be done on the design of the building. The motion passed. Board member Olson moved to adopt the resolution on page 24 of the staff report approving a sign setback variance for the proposed Venburg Tire freestanding sign on the excess right-of- way. Approval is based on the following reasons: 1. The proposed sign placement would meet the spirit and intent of the code since the sign would comply with the required 10-foot minimum setback from the actual right-of-way. 2. Compliance with code would cause the applicants undue hardship since the 30 feet of excess right-of-way would require the applicants to place their sign further back than would otherwise be allowed. Board member Olson moved to approve the proposed conceptual changes to the Gulden's Roadhouse site for a new rear parking lot, site lighting and landscaping. This approval also includes a parking waiver to have 11 fewer parking spaces than code requires since Venburg Tire will provide use of their parking lot for overflow parking. Approval of the conceptual changes is subject to the owners of Gulden's doing the following before the city will issue a grading and paving permit for the new parking lot: 1. Submit a revised landscape plan for staff approval providing for screening on the west side of the proposed parking lot. This screening shall comply with city code that requires a visual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. 2. Submit a detailed grading and drainage plan. 3. Submit a revised site plan showing compliance with the required 20-foot minimum parking lot setback from the west lot line. The proposed parking lot shall have continuous concrete curb and gutter. 4. Seal the well on the proposed Venburg Tire site according to State of Minnesota Department of Health well-abandonment requirements. 5. Provide the city with documentation that Venburg Tire has approved ashared- parking agreement to allow Gulden's use of their parking lot. Board member Shankar seconded. Ayes - Ledvina, Olson, Shankar The motion passed. This item goes to the city council on April 12, 2004. AGENDA ITEM H-4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Legacy Parkway Improvements, Hazelwood to Kennard, City Project 03-26 1. 8:00 p.m. Public Hearing 2. Resolution Authorizing the Preparation of Plans and Specifications and Authorizing the Acquisition of Right-of-Way. DATE: April 2, 2004 Introduction/Summary This public hearing had initially been scheduled for March 22, 2004. However during the proposed hearing, the question arose as to whether proper notification had taken place. Public works staff has confirmed that mailed notices had not been mailed to the properties along Hazelwood. For that reason, the public hearing for this project must be re-heard. The Public Works staff apologizes for this error and has taken effective measures to better manage the multiple critical dates on these many projects. The rescheduled public hearing for Legacy Parkway, Phase II, from Hazelwood St. to Kennard St. has been set for 8:00 p.m., April 12, 2004. Public notices have been re-published and mailed to the effected property owners. The city council should conduct the public hearing and consider approving the resolution authorizing the preparation of plans and specifications and authorizing the acquisition of right-of-way. Background On September 8, 2003, the city council approved the preliminary plat for the Hartford Legacy Village development, as well as ordered the extension of Legacy Parkway to the east between Kennard Street and Southlawn Drive (Phase I). The segment of Legacy Parkway to the west, between Kennard Street and Hazelwood Street (Phase II), had not been proposed as this area of the plat was simply platted as an outlot, later to be proposed as Heritage Square. On December 8, 2003, the city council approved the preliminary plat for Heritage Square. The proposed site plan for the Heritage Square development at Maplewood includes the construction of an east to west roadway between Hazelwood Street and Kennard Street. On January 12, 2004, the city council received a petition for public improvement from Town & Country Homes and authorized the preparation of a feasibility study to construct Legacy Parkway from Kennard Street to Hazelwood Street. Attached is an executive summary of the report. A complete report was distributed to the city council as a *.pdf attachment for the February 23rd, 2004 council packet. Hard copies can also be obtained from the office of the city engineer. The estimated cost of the Phase II improvements is $1,115,500. It is proposed that this project be added to Legacy Parkway, Phase I project. Assessments to the developers (Town and Country Homes and the potential developer of the Hazelwood properties - Southwinds) are estimated at $688,130, with a small amount of the costs from utility funds and a share paid from the city funds that will be generated by the property taxes from the site improvements at Legacy Village (tax abatement). Recommendation It is recommended that the city council conduct the public hearing and then approve the attached resolution authorizing the preparation of plans and specifications and acquisition of right of way for the Legacy Parkway Improvements, Phase II (Hazelwood Street to Kennard Street), Project 03- 26 and approving a modification to the existing project budget with an increase of $1,115,000. Attachment: Resolution Executive Summary Location Map RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ACQUISITION OF RIGHT OF WAY WHEREAS, pursuant to resolution of the council adopted January 12, 2004, a report has been prepared under the direction of the city engineer with reference to the improvement of Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and this report was received by the council on February 23, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, a resolution of the city council adopted the 23rd day of February 2004, fixed a date for a council hearing on the proposed street improvements for Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on April 12, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Legacy Parkway between Hazelwood and Kennard, City Project 03-26. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 12th day of April 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The city engineer is authorized to acquire the necessary right of way and easements for the making of these improvements by direct negotiations. 5. The finance director is hereby authorized to make the financial transfers necessary to increase the financing plan for the project by the amounts detailed in the preliminary report. An increase in the project budget by $1,115,500 for Phase II would result in a total project budget of $$2,468,350. The revised financing plans is as follows: Assessments City General Tax Levy SPRWS Funds TOTAL Phase I Phase II Total $1,080,920 $688,130 $1,769,050 $ 271,930 $413,570 $685,500 $0 $13,800 $13,800 $1,352,850 $1,115,500 $2,468,350 Approved this 12th day of April 2004. CITY OF MAPLEWOOD LEGACY PARKWAY IMPROVEMENTS (HAZELWOOD STREET TO KENNARD STREET) CITY PROJECT 03-26 EXECZITIVE SUMMARY This Feasibility Study and Report has been prepared for the Legacy Parl~vay Improvements (Hazelwood Street to Kennard Street), City Project 03-26. The proposed project includes the following improvements: • Construction of Legacy Parl~vay between Hazelwood Street and Kennard Street. This segment of Legacy Parl~vay is proposed to be constructed as a part of the proposed Town & Country Homes Heritage Square at Legacy Village development. • Installation of gravity sanitary sewer main along Legacy Parl~vay. • Installation of watermain along Legacy Parl~vay. • Installation of drainage improvements to collect runoff and to provide storm water treatment and storage. The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 31.5 % allowance for indirect costs. Proposed Improvement Estimated Cost Street Improvements $ 481,400 Storm Sewer Improvements $ 237,100 Sanitary Sewer Improvements $ 131,400 Watermain Improvements $ 120,600 Kennard Street Parking $ 45,000 Subtotal Project Costs $1,015,500 Right-of--Way/Easement Acquisition Costs $ 100,000 Total Project Cost $1,115,500 The improvements are proposed to be financed through a combination of special assessments to benefiting properties along with City funds. The following is a summary of the estimated funding amounts from each of the proposed financing sources: Financing Source Amount Assessments $ 688,130 City of Maplewood Funds $ 413,570 SPRWS Funds $ 13,800 Total $1,115,500 The following is a proposed schedule for the project if the City Council votes to proceed. Feasibility Study Accepted, Call Public Hearing Public Hearing/Authorize Preparation of Plans & Specs Approve Plans and Specifications Bid Opening Assessment Hearing/Award Contract Construction Start Construction Complete February 23, 2004 April 12, 2004 (Re-scheduled) April 12, 2004 May 14, 2004 May 24, 2004 June 7, 2004 November 26, 2004 Based upon the analysis completed as a part of this report, the proposed Legacy Parl~vay Improvements (Hazelwood Street to Kennard Street), City Project 03-26 are feasible, necessary and cost effective and would benefit the City of Maplewood. ~. .., AGENDA REPORT AGENDA ITEM TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Erin Laberee, Civil Engineer 1 SUBJECT: Carlton Street Improvements, City Project 03-22 Resolution Receiving Bids and Awarding Construction Contract DATE: April 5, 2004 Introduction I-1 Final plans and specifications for Carlton Street Improvement were approved by the city council on February 23, 2004, and authorization was given to advertise for bids. Those bids were received and opened on Friday, March 26, 2004. Background The bids were received and publicly read aloud at 10:00 a.m., Friday, March 26, 2004. The following eight bids were received: 1. Park Construction $716,526.26 2. Arnt Construction Inc. $733,445.66 3. Eureka Construction Inc. $738,731.00 4. F.M. Frattalone $744,177.60 5. T.A. Schifsky and Sons $755,794.25 6. Harddrives $770,940.05 7. Tower Asphalt $805,649.35 8. Danner Inc. $813,350.00 All bids have been checked and tabulated. The engineer's estimate for this project was $830,000. The low bid from Park Construction of $716,526.26 is 14% less than the engineer's estimate. Originally, Eureka Construction Inc. was the apparent low bidder with a bid of $703,731.00. An error was found in their bid estimate that increased their bid to $738,731.00 and placed them as the third bidder. Attached is the letter from the city's Consultant, KHA with recommendation of award. Discussion Park Construction has completed similar projects in surrounding cities and was awarded the Hazelwood project in Maplewood last year. Park Construction is a contractor capable of completing the required work for this project. Recommendation It is recommended that the city council approve the attached resolution accepting the bids and awarding a construction contract to Park Construction in the amount of $716,526.26 jw EML Attachment: Resolution Recommendation of Award Letter from KHA Location Map RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, plans and specifications for the Carlton Street Improvements, have been approved, and WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, bids were received and publicly opened and read aloud on March 26, 2004 as follows: 1. Park Construction $716,526.26 2. Arnt Construction Inc. $733,445.66 3. Eureka Construction Inc. $738,731.00 4. F.M. Frattalone $744,177.60 5. T.A. Schifsky and Sons $755,794.25 6. Harddrives $770,940.05 7. Tower Asphalt $805,649.35 8. Danner Inc. $813,350.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Said bids as opened on March 26, 2004 are hereby received and acknowledged. 2. A construction contract in the amount of $716,526.26 is hereby awarded to the lowest responsible bidder, Park Construction and the mayor and city manager are hereby authorized to execute said construction contract. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan. } i}, . ~ ~.s ~ r .~. .f to sv ~. I94 , 4 . i Location Map Carlton Street Improvements, Project 03-22 Award of Bid AGENDA ITEM I-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Venburg/Guldens Frontage Road, City Project 04-04 (part of County Road D West Realignment), City Project 02-08. DATE: April 2, 2004 Introduction The bid opening for this project has been scheduled for 10:00 a.m. Tuesday April 6, 2004. A final report could not be completed prior to agenda distribution. An updated report and recommendation of award will be distributed to the city council as a supplement to the agenda. Background The project to be considered is the construction of a frontage road along the west side of TH 61, south of the proposed County Road D intersection. This project will accomplish the following: • Provide access to Guldens, the proposed Venburg Tire site, and the adjacent vacant LaMettry property from the new County Road D alignment. • Allow for the closure of an existing Gulden's driveway access to TH 61 south of the proposed County Road D intersection. • Provide for an improved intersection operation on County Road D and T.H. 61. • Provide a continuation of the existing frontage road on the LaMettry and Toyota property south of the Gulden's site. CMC Attachment: Location Map . ~. ~ _ ~ y 1. Agenda I-3 TO: Richard Fursman, FROM: Bruce K. Andersor DATE: April 6, 2004 forth SUBJECT: Nature Center Exl' Introduction The Maplewood Nature Center opened to the public in 1979. One of the major components of the nature center is the exhibits which focused primarily on taxidermy and dioramas. The exhibits have served the community well for the past 25 years, but are in great need of updating both aesthetically and technologically. The city developed a request for proposal and received three formal bids to update the nature center exhibits on Thursday, April 1. Background Enclosed is a staff report prepared by the nature center staff that outlines the recommendation and request for proposal process. The city retained a professional exhibit developer and writer to create a new concept plan for the nature center exhibits. The proposed budget for the project is $90,000 which was approved by the city council based on two grants received from the Ramsey Washington Watershed District in the amount of $20,000 and a $20,000 grant from the Minnesota Department of Natural Resources. The remaining $50,000 has been budgeted from the city park development fund. Three bid proposals were received from Vee Corporation, Split Rock Studios and Blue Rhino. Staff established criteria for the exhibit renovation as part of the proposal process. Based on the predetermined criteria, staff recommends Blue Rhino based on their qualifications, lowest project costs, expressed work plan, tasks and timeline, and general understanding of the project. Recommendation Staff recommends that Blue Rhino be retained at a cost not to exceed $74,550 with the monies to be budgeted from the park development fund as adopted by the city council. kh~exhibits cc412.naturecenter Enclosures Maplewood Nature Center Exhibit Renovation Maplewood Nature Center and Preserve Exhibit Renovation Tuesday, April 6, 2004 The Maplewood Nature Center staff recommended in 1998 as part of long range planning that it was time to renovate the nature center interior exhibits and provide signage for the outdoor demonstration wildflower gardens. Fifty thousand dollars in cip money was set aside for this. In Spring of 2003 two grants were applied for that were received. One is a twenty thousand dollar commitment from the Ramsey Washington Watershed District; the other a Minnesota Department of Natural Resources matching grant for $20,000. This brought our total exhibit fund to $90,000. The nature center staff hired a writer and exhibit developer Mary Olson and Split Rock studios museum design firm to create a concept plan. A request for proposals for a project totaling $75,000 (Maplewood nature Center would pay the exhibit developer and writer directly and also be responsible for painting and carpeting-these costs totaled $15,000) was mailed and netted three reponses-one from VEE corporation; Split Rock Studios Museum design and build services; and Blue Rhino Studios. VEE corporation proposal was $74,997.30 Split Rock studios proposal was $75,000.00 Blue Rhino's proposal was $42,600 - $74,550 STAFF RECOMMENDATION: We recommend the city choose the low bidder; Blue Rhino. Staff based their decision on the following evaluation criteria: 1.) Expressed understanding of the project (25%). We feel that Blue Rhino understands that we are a small nature center, that though we want to keep the intimacy; we want to create a dynamic new look that would attract repeat visitors as well as new ones; that they have some natural history knowledge and experience that would help in their exhibit development and construction. They have done several exhibits for the Science Museum of Minnesota. 2.) Expressed work plan tasks and timeline (25%) We recognize that Blue Rhino is a small company with low overhead; we will be dealing directly with the artists and not with a project manager or secretary. Nature center staff will take on some of the project manager tasks. The company reports that they will be able to have the exhibits completed and installed in time for the nature center's September 25th Anniversary event this year. References were called and all reported completion of exhibits on time and on budget. 3.) Project costs (20%) Due to low overhead this company is able to produce several additional exhibit components than was called for in the original RFP. 4.) Qualification of both company and personnel. Experience of project personnel will be given greater weight than that of the firm. (30%) The artists and graphic designers listed (5 total) all have several years of experience -from 5 to 15 or more. The company has an impressive portfolio of 3-D sculptures, dioramas, display cases, and vitrines for an array of projects from Zoos, to history centers, to commercial businesses. Although not strictly a nature center or museum exhibit company, we believe that our exhibit and text writer, Mary Olson will be able to work with them and fill in any gaps that might occur. THE OvEB.ALL SCOpE .~i1ffD TECH1rI~VE: Blue Rhino Studio's objective in the Maplewood Nature Center Exhibit Refurbishment is to visually redefine the space by creating a cohesive atmosphere using color, existing elements, written information, and new thematic construction and graphics to help succinctly focus on Maplewood Nature Center's main message: natut~e and natural areas have many values. It is our belief that we can "bring the outside in° and create a more unfied, welcoming interior using warm earth tones in the walls and flooring that reinforce and connect the exhibit and programs to what the visitors will see outside including the suggestion of pond, edge, and upland communities in the amphitheater. In addition to the elements outlined in the design concept package we would want to add or change the style of certain pieces to create a more unified and original feel to the center. We love the idea of Green Heron Pond /Natural Communities Fagade as a way of creating a focal point and immersing the visitor in an energetic educational program space. We would like to take those elements a step further by bringing additional flats out farther overhead. We are exerted about creating a unique visual style with these painted two dimensional elements, something theatrical and lively with a bit of graphic sophistication. It's very important to us to view the entire Nature Center interior as a whole, so we want to cant' that painting style into the graphic panels throughout the space allowing the organic energy of original artwork to show in the written headlines and some supportive images. We feel this will create more vibrant, energetic visuals. Avery effective style might be capturing the feel of the painted cover art on vintage °Outdoor life" magazine covers. Including a few extra iwo dimensional painted elements to the Orientation Panel and Water Whiz iMerailive would also aid in the aesthetic unfication of the space as well creating frames for The Big Idea Wall from 2D lily pads, leaves, flowers, raindrops, and animals. These frames would feel as though they "belong° in the space. Perhaps they are magnetic or have Velcro backs to adhere to a fabric wall enabling the overall layout and their content to change periodically, reflecting the programs' focus for that day or rotate with the seasons. There could be many more frames produced than are viewed at any one time offering flexibility of information and ease of switching out visitor artwork and question with no down time. We like the idea of displaying fewer, highlighted taxidermied spedmens, and would like to explore the possibility of creating vltrines that could work with multiple different mounts for potential periodic rotation of specimens for ongoing interest. In addition to the key graphic elements of the existing concept package we would like to create levels of focus; larger painted or graphic informational elements that convey a broader °kid friendly" message (possibly iconified throughout the space by the green heron mascot) and support them with more detailed and specific information to educate older children and adults pertaining to the nature center, the visitor's own back yards, and industry. We envision supportive °did you know° information subtly peppered throughout the space as an educational payoff for those who choose to spend more time reading. This information could reinforce key statements in the larger graphics with practical examples to look for while walking the trails or perhaps explain the fabrication methods and materials used in some of the products in the visitor center. We suggest using as many materials in the refurbishment that could be highlighted as practical. The Shaw Contrail William McDonough Collection carpet tiles are the only carpet designed on the °cradle to cradle° protocol making it infinitely recyclable with no waste (the fiber is recycled into new fiber, the backing into new back). Using materials such as this would be an excellent example of practical actions taken to protect the environment. Responsible, functional, and educational. Guardians of the natural world. We would like to add a "Greetings from Maplewood Nature Center° peek through photo op to help stimulate discussion and visitation recommendations after families leave the building as well as creating the crawl through log and some themed seating which, although not listed among the scope of work, we feel we can produce within the overall budget. We would also like to emphasize that within the proposed budget there is more Phan ample room to explore not only additional elements, but aRemative directions which may inGude other sculptural themed seating, storage and cabinetry, larger graphic or interactive panels, or even realistic full or larger than life animal sculptures. The Maplewood Nature Center offers excellent opportunity to create a space that reinforces the program messages and generates an atmosphere that engages visitors and makes them want to come back to again and again. COST A1~D WORK pLAl~: Included in this package are two separate proposals; one pricing out our understanding of all elements from the supplied design and the second including additional elements proposed by Blue Rhino . We have added the second proposal since we feel it would greatly enhance the overall atmosphere and still fall within the proposed maximum budget. Wdh either proposal the process would be the same. If awarded the project, we would begin by visiting the site during peak hours to garner a clear understanding of how the space is currently used to see if there are any additional changes or additions to the existing design we would suggest. We would then mock up a very simplistic study model and put together a color palette and finish materials board as well as stylistic references for discussion purposes and meet with the Maplewood Nature Center Group and Mary Olson (who we are quite happy to work with) to very clearly identify the style, colors, materials, and written content to be included. After determining a clear definition of style, color, materials, and content to be included we will confirm a description of elements in writing as well as layout of all interadives making sure the scope of work to be completed within the proposed budget is clear to all before beginning any work. During the fabrication process we encourage Maplewood to visit our shop as often or little as they would like. We are aware that some clients take a °hands on° approach to what we do wanting to make sure they understand all parts of the process and see pieces in production (we even get visits from their kids and neighbors) others want to have a clear understanding of what the scope of the work is and then step away until it's finished. Either approach works for us. Our main concern is a comfortable client. We will be able to a-mail progress photos and reference almost any questions that may arise to be dealt with over the phone. All graphic panel designs will need to be reviewed and approved by Maplewood before they are fabricated. The following is a rough proposed schedule. We would like to create a formal production and invoidng schedule based on what is most convenient for Maplewood Nature Center. At that point we can specify completion dates of certain items if that amount of detail is requested. Late April: Kick otfineeting to begin ti~tened design work 2096 total invoice due. Early June: All design work completed. Clear definition of style, cabr, materials, content of graphic panels, and layout of a/! irrteractives fo be confirmed in writing. 20% total invoice due. Early August: Progress update either through a visit to Blue Rhino Studio or photo show and tel! at MNC. 20% total invoice due. Late August: Final approval of all pieces required before delivery and installation. September: Installation of all elements during a time span specified by MNC. 20% of total invoice due. Final 2096 of total due within 30 days of completion. B.A.cxe~~l.o~xn: Blue Rhino Studio specializes in thematic sculptural and painted environments for the museum, visitor center, and retail industries. We work in a wide range of styles and are capable of producing two or three dimensional pieces on any detail level, doing almost all of our own carpentry, concrete, and metal work in house along with design, painting, and sculpture. Opened in July of 1998, Blue Rhino Studio has employed no sales people. We currently have no web site or brochures. Our business has come strictly from word of mouth. Dave Leak and Tim Quady have been working in this field for overtwenty-five years and left Deaton Museum Services / Exhibitgroup GiRspur with reputations good enough to fuel the business until the Blue Rhino name began to travel. During the last six years the in house staff has more than tripled and Blue Rhino has forged very strong relationships with talented freelance artists, designers, and craftsmen, giving us the capability of taking on muwple large scale projects simuRaneously while always keeping either Dave or Tim as the primary client contact and project manager. Having had the luxury of employing some of the most talented local artists, we are fast and effident, offering a solid value to our clients. We also employ no accountants, salespeople, marketing staff, or office managers so we are able to keep our overhead low. This also reduces the risk of miscommunication by allowing clients to directly intertace with the artists. We can produce entire projects completely in house or are always willing to work with related businesses to offer complete package pridng. Over the years we have developed a network of small studios spedalizing in work such as graphic production, fine cabinetry, and high end metal fabrication who we partner with to produce either product that we don't specialize in or work a spedalty shop may be more cost effective at. This keeps our overhead low and allows us the opportunity to bring in the most well suited person for the job. In the case of Maplewood Nature Center we will be using Tom McGregor, a local graphic artist we have partnered with in the past to lay out and produce the graphic panels. We truly love the work we do and feel our enthusiasm coupled with our quality has made each job successful and enjoyable for our group and our clients. We have had a fairiy wide scope of projects where we have done a variety of work, both sculptural and painting in museums, visitor centers restaurants, casinos, and tradeshows. Some of our clients include The Silence Museum of Minnesota, The Minnesota Zoo, The Great Lakes Aquarium, The Minnesota DNR, The Minnesota Historical Society, 3M, Grand Casino, Mall of America, and Doolittles Air Cafe restaurants. Blue Rhino is currently creating an exhibit for the Minnesota Historical Society Forest History Center in Grand Rapids Minnesota, lifelike animals for the Toledo Zoo in Ohio, topo maps for Glacial Lakes and Itasca State parks, an extensive diorama with the Silence Museum of Minnesota, and multiple projects for Camp Snoopy at the Mall of America Agenda #J1 REPORT SUMMARY Applicant: Site Address: Zoning: Land Use: City Council Hearing Date: 60-Day Deadline: Ronald and Connie Launderville 2194 Van Dyke Street Single Dwelling Residential (R-1) Single Dwelling Residential (R-1) April 12, 2004 N/A Project Description: Ronald and Connie Launderville's conditional use permit to store a heavy commercial vehicle (one-ton tow truck) on their residential property at 2194 Van Dyke Street is due for its annual review. Recommendations: Staff recommends approval of the Launderville's conditional use permit, with review by the city council again in one year. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Project Description Richard Fursman, City Manager Shann Finwall, Planner Conditional Use Permit Review Ronald and Connie Launderville 2194 Van Dyke Street April 5, 2004 Ronald and Connie Launderville's conditional use permit (CUP) to store a heavy commercial vehicle on their residential property at 2194 Van Dyke Street is due for review. The Laundervilles operate a towing business at 2285 Seventh Street in North St. Paul and the CUP allows them to store one of their tow trucks at their home in Maplewood. Background January 28, 1991: The city council granted a CUP for the storage of two heavy commercial vehicles (one-ton tow trucks) in an R-1 (Single Dwelling Residential) zoning district as well as a related home occupation license to operate a towing business from a residential property. February 25, 1992: The city council reviewed the CUP and approved aright-of-way user permit. This permit allows the Laundervilles to use the unimproved Sandhurst Avenue right-of-way for access to their property. November 1, 1992: The CUP and home occupation license expired. March 3, 1993: The city council granted a new CUP to allow the storage of one heavy commercial vehicle (one-ton tow truck) in an R-1 (Single Dwelling Residential) zoning district, subject to the following conditions: The tow truck shall be parked in the garage when it is on the property. 2. Mr. Launderville shall not store towed vehicles on this site, unless he or his family owns the vehicles. 3. There shall be no outdoor storage of junk or inoperable vehicles or vehicle parts on the property. 4. There shall be no storage or repair of vehicles on the site, except those owned by people living on the property. 5. There shall be no overnight parking of vehicles on Van Dyke Street (per city code). 6. The city council shall review this permit in one year to make sure that the conditions are being met. April 11, 1994; April 10, 1995; April 22, 1996; May 27, 1997; June 22, 1998; July 9, 2001: The city council reviewed the CUP and requested a review again in one year. September 23, 2002: The city council reviewed the CUP and Sandhurst Avenue right-of-way user permit. The city council amended the user permit to allow the southwest corner (approximately 10 feet) of a 6-foot-high wood fence to remain in the Sandhurst Avenue right-of-way until the fence is removed or destroyed and requested the review of the CUP again in one year. December 8, 2003: The city council tabled the Launderville's 2003 CUP review due to Ronald Launderville Sr.'s health problems. DISCUSSION Conditional Use Permit Monitoring City staff contacted neighbors adjacent the Launderville's to inquire about their experience with the storage of one tow truck at the Launderville's residence. Out of the nine neighbors contacted, three indicated no concerns with the storage of the tow truck, four did not respond to staff's voice mail, and two forwarded written concerns to staff (refer to written concerns attached on pages 6 and 7). In general, one neighbor has concerns over the Launderville's occasional parking of a tow truck with disabled vehicles on Van Dyke Street during the day and the other neighbor has concems regarding the location of Launderville's fence on the unused Sandhurst Avenue right-of- way. In regard to the parking of a tow truck with disabled vehicles on Van Dyke Street, staff spoke to Connie and Ronald Launderville's son, Ronald Jr., about the storage of the tow truck in the driveway and on the street. Ronald Jr. works for the family towing business and also lives at 2194 Van Dyke Street. Ronald Jr. stated that on occasion they will park the tow truck on one of their driveways, but only if they are working on a vehicle in the garage or for short intervals during a stop at the house. On occasion Ronald Jr. or Sr. will stop at the house while driving a tow truck with a disabled vehicle, which they will temporarily park on Van Dyke Street. The city's on-street parking ordinance allows the parking of vehicles, whether a personal vehicle or a tow truck, on the street between the hours of 6 a.m. to 2 a.m. In regard to the concems expressed over the location of the Launderville's fence on the unused Sandhurst Avenue right-of-way, the city council authorized an amendment of the Launderville's Sandhurst Avenue right-of-way user permit on September 23, 2002. The amendment authorized the Laundervilles to maintain the southwest comer (approximately 10 feet) of an existing 6-foot- highwood fence in the Sandhurst Avenue right-of-way until the fence is removed or destroyed. Sunset Clause At the February 10, 2003, city council meeting, Councilmember Koppen asked about adding a sunset provision to the Launderville's CUP. He indicated a concern with allowing a commercial activity in a residential neighbofiood for a long period of time. It should be noted that the Laundervilles were granted a home occupation license to operate a towing business out of their residential home in 1991. The Laundervilles let this license expire in 1992 after they relocated the dispatching center for the towing business a few blocks away to 2285 Seventh Street in North St. Paul. Since that time no portion of the business has been run from the Launderville's home, except for the storage of one tow truck, which is covered by their existing CUP. The distinction Launderville CUP Review 2 April 5, 2004 here is that the city has not been allowing a commercial activity, but allowing the storage of a commercial vehicle in a residential neighborhood. Connie Launderville explained that they have been leasing property in Gem Lake for approximately one year for the storage of vehicles. They are currently negotiating the purchase of the property in order to develop it for the family's towing business, to include the dispatching and storage of vehicles. While Ronald Launderville Sr. would still want to retain the CUP to store one tow truck on his residential property after the relocation of the business, the coming and going of additional tow trucks to the Launderville's property and the perception of commercial activity in a residential neighborhood would be lessened with the relocation of the business. Due to a majority of neighborhood support, Launderville's ongoing compliance with CUP conditions, and the eventual relocation of the towing business, staff does not recommend a sunset clause to the Launderville's CUP for the storage of a tow truck, but the continuation of the CUP for an additional year. RECOMMENDATION Approve the Launderville's conditional use permit for the storage of one commercial vehicle on the residential property at 2194 Van Dyke Street, and review the conditional use permit again in one year. P:sec11 Uaunderville Attachment: 1. City Location Map 2. Location Map 3. Ms. Chalkline's November 24, 2003, E-Mail 4. Mr. Wilson's December 4, 2003, Letter Launderville SUP Review 3 April 5, 2004 hment w ap Attachment 2 Ronald and Connie Launderville 2194 Van Dyke Street Sandhurst Avenue ^ ~ ~, Countv oac •^ M Ma~ d ~ ~ ^ I ~ ~~ Par Iding ~ ~ ^ ~ N W E S Location Map Attachment 3 Shaun Finwall From: Maggi Chalkline [margaret.chalkline@dot.state.mn.us] Sent: Monday, November 24, 2003 12:08 PM To: Shaun Finwall Subject: Re: t_aunderville's Conditional Use Permit Hi Shaun, Thank you for notifying me. The Launderville's are not following their agreement with the city and have tow trucks outside of the garage overnight often. There are sometimes tow trucks with the disabled vehicle parked on the street. I feel that this is an unsafe condition for the children and elderly pedestrians in this neighborhood. Also, I would like the city to check on the permit to run a tow truck business in this area. The Lauderville's stated that they have a permit in N. St. Paul but this is not true according to the N. St. Paul permits department (they do not allow towing business in residential neighborhoods). I do not believe that our city should be involved in facilitating a business that has not bothered to get the proper permits. How many trucks do they own and where is the legal location of their business? They are listed in the 2004 white pages as a business in Maplewood and in the 2009 yellow pages as a business in North.St. Paul. It is not fair to all the other towing businesses in N. St. Paul and Maplewood that are following the rules. It is the city's responsibility to insure that everyone (including businesses) are treated fairly. I don't ask that you take my word for the above information, but check it out for yourselves. Maggi Chalkline 6 Attachment 4 ~ ~~ DEC ~ €~ 2~~? ~L= ~' - ~ , a.3 ~.~ _ m .~ ~~,~~~ ~ ~wo~i ,fie ~P~ b ~ N G ~~~~ C v ~/~f:ir,Us~C, C/ SLS" ;~~ ~ ~ T ~c ~C ~'~ ~1~~ ~ ,,L,o~,.v~ Ls~ L~!/G~ ~~ ,v~v~c2 c~vc s ~'/ a.~z~G j H ~~ ~ ca/~l~ ~' ~ S /~/`~ ~ !-~ a°/ZS ~ ~uG L~ /i .~ / O !;a I9'1:~ G~' ~G ~? /°f/ ~~l ~ /z s t'r C.R ~1~' G Gr/,/Y /G S In1 ~ ,~'4 L`'f //a,G~ ~~ ~~7~~Uj~ S~/L,:,'c~'~.'.'Lt3" .ADD f~,t/~.S ~Ra~ ~rf,/1,,~(/2Si . ~~' u ~D L't S' C ,p % !~ C o ;;,/ .v ~ i L Tye ~ f < G~i,S d ~ ~a ,~ !, aw ?'~ e 1,ow~svfl ~ ~ v ~</~ S ~iu-~c ~~ c~>'r i ~ r~'e ~ ~ ~~/[~~"/2 Gv rh, ~ ~ Svc { ~, ~ c ~ q ~C; 1~ o ~ ~~[> ~«'Gi'i "_ ~ ~ ~ w,o~/ , yo ci o!/.~ w~A Tls: s : a ~~~ n~' (, Y~ g-c~'~ D -~~ c ~ ~ ~ C1 ~. ~ .~I~PJt a GL 1.~~ ~iL/yij~a'r.-~ /1/tJ T '-~..~ ~ ~I ~-e ~P ~!L t~-~-G ~, "~~ ®r4J ~/'CS~ S •~ `!/ ,~/La~oeR r /J .. ~ ~t~s-2,G-c ~+ /~. r Z'ci/~ ~.O.vO L-~4%/LS % ... /,21 Gam- o~ ~//y , ~ffi ~' ~ec o ,rr/ ,m e .v,r~/ ~. a ~ ~ ~ !'~7~ c~~~,//oi/~ /'~' i QT f~~ ~./d/~ T~!/c AL . .. Q'~/ ,l~.tl:T/~c ~i ~~~,v i ~~G ~L°1~~~8~ S' ~ut/Q ~'ZTl"~'N~13P ?~ S~Cf~ /YJe~%N ~ Qt,~er~JNG ''i e EA~/~!!a '~' t'~~"cL Gc/CRL~ /ate J <~/J e ~~ ~.L,o~i/N/.v G r a ~ ~ ~ e // rE C,vu vf: C /~l e'~yt~, ?/fir /t/e lcir~jrr~ .1 ~ ~ ~v.T'Cd ~-c~ C~ ~s Tie ~~ c -r' i is ~/ ~-~ ' ~iv o ~.=,:+r,~ ~,~-cTt~r ~ ~J Lr ~ ~~ s 6 /LPL ~ l ~~ ~ a~JJ/'~-' / ~ . ~ /~"~"'~ tS~.®~ ,~/ JV 7l i~~ i ."~ ~ .- ~ , Agenda #Kl MEMORANDUM TO: Richard Fursman FROM: Melinda Coleman SUBJECT: Ron Cockriel- presentation DATE: Apri16, 2004 INFORMATION Attached is an a-mail from Maplewood resident, Ron Cockriel. He is requesting an opportunity to present a plan he has for the MnDOT property at the SW corner of Hwy. 5 and Highway 120. He is concerned about the plans for the bus garage and other improvements being discussed by the City of North St. Paul and School District 622. He also has concerns for activities undertaken by MnDOT and the impact these may have on the wetlands on this property. Mr. Cockriel has been informed that there have not been any plans submitted to the city and the projects are not a given at this time. Mr. Cockriel has indicated that he would like to address both the Maplewood City Council and the School District. This item has been placed on the agenda at his request. RECOMMENDATION There is no action being requested at this time. Mr. Cockriel's presentation is for information purposes. P: com_dvpt. Sec.13-29.memo.Cockriel.request Page 1 of 1 Melinda Coleman From: ron cockriel [harding1977@yahoo.com] Sent: Monday, April 05, 2004 12:48 PM To: Melinda Coleman Cc: richard.fursman@ci.mn.us Subject: Land use issue/uses of the land- for City council meeting (04/12/04) To My City Council, Two issues have recently come to my attention. One issue is the potential change in use of the Mn DOT property located at Highway 120 and Highway 5 in the city Maplewood.This twenty-two acre parcel is currently owned and used by the Minnesota Department of Transportation.The primary function the this land is to stock pile "road material" to be reused or otherwise disposed o£Some of this disposal appears to be used as back fill on location, thus creating a larger "work area" for the department's needs.It is this backfilling activity that is having a negative impact on the watershed and surrounding designated wetlands and open spaces.The second issue is the MnDOT's use of the property as a dumping ground for the large number of "roadkill" it removes from out roadways.This activity has created a very unhealthy situation to our watershed and for the surrounding neighbors.I believe I have some very workable resolutions to these concerns and would like to present them to the whole council for considerations and action.Thank you. Ron Cockrie1,943 Century Ave. N. Maplewood MN. 55119. 651-738- 723 3 . Do you Yahoo!? Yahoo! Small Business $15K Web Design Giveaway -Enter today 4/5/2004 Agenda #K2 MEMORANDUM TO: City Manager FROM: DuWayne Konewko, Environmental Management Specialist SUBJECT: City Hall Campus Environmental Land Use Feasibility Plan DATE: March 24, 2004 INTRODUCTION The City is well respected by its peers and is a proven leader in working with developers to implement environmentally sound development practices. Because we require developers to implement these practices, the City has an opportunity to once again lead by example and showcase these practices around the City Hall Campus. To this end, staff is requesting that City Council authorize the preparation of a feasibility study aimed at achieving this outcome. Staff envisions that the study will be a comprehensive plan for environmental improvements around the City Hall Campus area. Some of this work might be done in phases. BACKGROUND In reviewing residential and commercial development projects, the City is responsible for ensuring that developers comply with all applicable rules and regulations. Minimizing environmental degradation and mitigating impacts are key elements in this review process. For example, the City requires drainage and erosion control plans for all new developments. These plans must specify how the developer is going to ensure that the proposed project does not increase the rate of runoff (non-point source pollution) from the development site. The developer can choose to implement a practice outlined in the Urban Best Management Practices Manual (UBMP) or submit an engineered plan that meets the objectives of the UBMP and is approved by the City. Rain gardens, porous parking lots, native plantings, reduction of impervious surfaces are all techniques that a developer can use and that the City could showcase at City Hall and Public Works. The Environmental Utility Fund that went into effect last fall is also targeted at protecting and preserving Maplewood's surface water resources. The Environmental Utility Fund is a method of financing the administration, planning, implementation, and maintenance of storm water management programs. The utility is a service charge or fee applied to all developed parcels based on the premise of "contributors pad'. Where land is in a natural state, most rain soaks into the ground or is retained in small depressions. Where development has occurred, rooftops, driveways, and parking lots prevent rain from soaking into the ground. The rain runs off into streets, ditches, ponds, streams, and lakes carrying with it possible sources of pollution. This creates the need for provisions to be put in place to curtail runoff and protect the quality of our water resources. Rain gardens, porous parking lots, native plantings are all possible preventative measures that can be used to lessen or prevent runoff The Environmental Utility Program also recognizes the need to control runoff. The fund provides for a credit if the homeowner or business can demonstrate that a parcel retains all or a portion of the rainfall that it receives. The utility fee will be reduced by a percentage equal to that percent of the parcel which produces no external runoff Again, rain gardens, porous parking lots, native plantings are all possible preventative measures that can be utilized to lessen or to prevent runoff City staff now wants to study how these measures could be showcased at the City Hall Campus. DISCUSSION With the support of the city council, staff proposes to consult with a landscape architect to assist the City in developing two or three proposals for the City Hall Campus. These plans will then be presented to City Council for selection. The Nature Center, Public Works, and the Community Development Department will all lend their respective expertise to this process. Staff will also utilize the Environmental Committee to assist in shaping this project. Staff would like to secure a landscape architect by June 1, 2004, and begin work shortly therea$er. The process will likely take between six and nine months to complete (targeting six months). Staff will update City Council with status reports as the process unfolds. Staff believes that once a final decision is made, City Council can then prioritize the components of the project and develop aphased-in approach for implementation. The implementation process for completion may go out three or four years depending on available resources. Funding for the initial feasibility study will come out of the Environmental Utility Fund. Staff will also contribute in-kind services. Staff proposes that anot-to-exceed budget of $15,000 be established to conduct this study. RECOMMENDATION Staff recommends approval of the hiring of a consultant to do a feasibility study for the improvement of the City Hall Campus for the following reasons: 1. The City of Maplewood is already a leader in many areas. Approval of this feasibility study and implementation of the outcomes will strengthen the City's commitment in the area of environmental protection. 2. The City is requiring all development projects to address non-point source pollution and provide plans to lessen or prevent runoff from leaving the site. The City should also adopt these principles at City locations. 3. Implementation of the outcomes and kiosk displays will also serve to educate the public and enhance awareness on environmental protection. In addition, most of these measures can be implemented at home, which allows residents the opportunity to mitigate their own runoff 4. The Environmental Utility Program requires existing residential and commercial parcels to address storm water runoff issues. This program also provides an incentive in the form of a credit to residential and commercial parcels that choose to implement measures aimed at curtailing runoff from the site. The City should also utilize this "credit" and lead by example. The cost of the feasibility study will not exceed $15,000. Staff will contribute in- kind resources to assist in reducing the overall cost. 6. The overall goal of these programs is the protection of our water resources. The City should be out front in promoting these causes and lead by example. Agenda #K3 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Amendment to Tax-Exempt Revenue Financing Agreement PROJECT: Carefree Cottages of Maplewood III LOCATION: 1801 Gervais Avenue East DATE: April 5, 2004 INTRODUCTION Dougherty and Company LLC, the bond holders for the tax-exempt financing for the Carefree Cottages of Maplewood III, are requesting that the city council approve an amendment to the financing agreement. They want this amendment to allow them to call the bonds with a premium of 6.5 % of the outstanding principal. The Carefree Cottages are a senior living facility at 1801 Gervais Avenue. (See the maps on pages two through four.) BACKGROUND On March 27, 1995, the city council gave preliminary approval for a request from the Carefree Cottages for up to $7.9 million in tax-exempt financing. On June 12, 1995, the city council made several approvals for the Carefree Cottages of Maplewood III. These included a land use plan change, a conditional use permit for a planned unit development, a parking reduction authorization, easement vacations, setback variances and design approval. On December 8, 2003, the city council approved a refinancing request from Bruce Mogren for this project to payoff existing bonds. DISCUSSION This request will not affect the city and it will still meet the city's requirements for tax-exempt financing. Maplewood will not be liable for this financing. RECOMMENDATION Approve the supplemental indenture of trust starting on page five and the attached resolution starting on page nine. These approve an amendment to the tax-exempt financing agreement for the Carefree Cottages of Maplewood III at 1801 Gervais Avenue. p/Sec 11carefree colt tax-exempt fin.doc Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Supplemental Indenture of Trust 5. Financing Agreement Amendment Resolution Attachment 1 L7DIA ~ a ~ a ~ ~i o .AVE. ~n "S o ° S, U m K . SUYCOUNTRIMEW qR, ~ JOHN'S z ~ ~y ~ W m ~ ~ ~ ~ A W ~ ~M" U W ~` ~~~ Cj. STAN~GE i. DULIlT)i CT. x ~\ N . H •. LYDIA AVE. ~n ® h •,_ ~ `' ~~~~.~.e,~Z r MAPLE L/~ ` BEA-1 ~ AVE. BEAM -~ art ~ AVE. L ~ ~ ~ ~ MAPLE VIEW AVE z g RAQATZ < ~ AVE. ~ _ a `r-,~; p 1E5A~ AV ~ W 3 ~,MorldWrtl V 4J D ~ ~ RAC _ W NORTH SA1N AvE ~ ~ ~ ~'r ~ ~ cot ~ ~ >. Z ~ ~ WWC KpHLWW ~,, -__,. 3 a W 5 AVE. ~ \L~ks,. C ~ iii ~ -- ~ n ; TZ ~ ~' ~ S ~i, ~ ®~ ~ z, ~ ~ z ~~ z ~ r., W ~ ° •. } EDGf}igl RD. a ~ ° DE110NT ~ AVE ~ ~ BItQOKS AVE ~i BROOFCS ~ ~( TANT ~ AVE. ~ ELEyaTM ~ AVE ~ ~ ia,r ~ ~ /1VE z AVE. ~ CFR1fjyS ~+ ~ ~ ! Q ~ GER1/AIS GRIINONEIN AVE. _ z Cf. ~ VNONG pR Y ~ sHERREN AaIE. ..--_ _ ~ Kn ~ t,m" c~snE AvE. O APE ~' AVE. ~- COPE AVE. ~ ~• Z ipv ~ AVE `- ~~~, ~i LARK i AVE ~ iii ~i // ~ LJIt1RlE RD. ~ ~ ° LAURIE ° _ ~~~cci ~ ~ RD. v URSi ~ ~ 3 AVE ~ ~ 5 ~ ~ ~ W O' ~ 7 O O ~ ®~ 6 ~ o Y CO. RD. ~ g ~ ~ ~ ~ m BURKE AVE o° ® ~ BUR!(E AVE 4Mrr ~n ~ Q ~ ELDR IDLE AVE 3 .ie~r aw ' ,~, ~ f BELMONT AVE. _ _ ~ ~J' . J SIOLLMAN -- ~ ~+ AVE. HARRIS AVE W R06EWOOp AVE N. U Ab6Mmd ~" AH AV. AVE S. RAAISEY COLl~IIY ~ -~+R u~,wv NORTH ~ ~ ~ ~ ~ _ AVE.. ~ ~ U ® ,~ ~ N ~. rloLLnwAY r' ~ t LOCATION MAP 2 4 N Attachment 2 ;.__. ~~ a ~ ~~ ' '" . x ~ • • c~•~ : ' -~ M{AY '~ _ , ns 1e ~ y~ J ,. i ! ~ ~ _ 14 (f3) ,' , (xJ a It ~~) p 1 ' Is ~ antra. ~ : ~ ~ ~~~ 1 x a. (K) ~ . i (~ ~ _ 1 • a r+i ____ , '>:: ~,~) ~ 2 47 w 2546 ! o AMp to or; _ = 1tYgL ' ...l ada) ~ W 11 ;' ~, wtT .,,~_ ~~ Cos,esa~l v ` ~. ..« lw 2535 ~ '2534 ` *' ..~.~sr., q~J ,,, . ~ WETLAND ---- MAPLE RIDGE MALL ..« tw ~ X52 ~ ~ 2526 s 1 ~ ~ ~ ~ t •• -~ . w w• f • ' sa.n ~ w e a .~ •,. s ~ ~ ~ i I 01. A ~. ~ ,. ~aQ~gM7 ~ : ~ Tilrl• !l~ilf 4 1 1 ,~ ~,~ BITTERSWEET ~~ ..~~ ~~ ; •-~=~-r l e ESTATES ~~ ,:•. ~~~ ~ ~~ 1 ~~ _ ~ ~~ ~ ~- () i2 s ~ RAINBOW FOODS' 1 1 ~ ~ ~I 1 n ~ ~ tau ~ 1 ~ ~ SITE .. .,~ W J~_- - ' ~ Q ! 1 s.~e... Q ~ PJ~. ~ ¢ • ~ ~..Q ~ P ~ n~ CAREFREE COTTAGES JP~y, s.s J ,a W j ~ I G J~,Z; 1- 1 ~ ~~ O e =• Q ' ~ , . , ~. , ~ ~., ABC ; 3 ; L ~ :~ ~ ~ '~orl : ~ (~) L ~ (~) ; , ~~' 2425 ~r J 2~,., ~ ~ 1733 ~ ; ~ Off' 8' ~ ~ ~~ •~ •, ~ luu ~. ~ ~ ~' . N~~ EN~~Hf: GERVAIS COURT u~.ar sai.a ~ 1770, ~; ' tsa its ww . y.. • ~« 1730' t~» « ~' '"`N 1790 1800 1818 ~ 1890 ~~ I ~ . 1700 ~~ <Y 1• . ~~ _ ~...... NW BELL ~~ ~, }'' ~; 3 el ' V1 < ~ „~ ~ ~ ~ ., _. ~' _ Y ¢ C ~i ~ ~ ,t (~> TOPPER ,,;~ Z' _ ~~~ ~ ~ ~ ~ OFFICE WAREHOUSE ~ WORLD; ~ ~~ y 8 LBC,~.~f. .~ ~--1 PROPERTY L1NE /ZONING MAP 3 N U Attachment 3 COUNTY OPEN SPACE `as. ~. f s`'~ ~~'. Cr"'` POND J 3 y `~ W _ `Q ~ r O V W ~. W Q V :1 0 3 G 2 M ~. ~bJ6J4.Eh; ~3 3 f 3 3 + .+ ! ~~. ~~"~~ ~~^ `Y SITE PLAN 06f2.~B5 CAREFREE COTTAGES OF UAAPLEWOOD -PHASE III NAPLEWOOD~ ItBif/1E80TA Lot S. Block 1, Mepb Ridp~ Mdl and the youth 9B9.M feN of Let 1, E.G. Ropor'~ trardw+ Leb 4oapt /M owtMy 280.00 fwt thwwf. -ND ~1` j. x - _ bf E' APARTMENT BUILDING 38 2-BEDROOMS 16 3-HEnROOns 36 1-BEDROOMS 110 UNITS COTTAGE VILLAS 12 2-HEDRGDMS 20 3-BEDROOMS 0 1-BEDROOMS 32 UNITS TOTAL PROJECT 7o z-BEDROOMS 36 3-BEDROOMS 36 1-BEDROOMS 142 UNITS TOTAL PARKING COTTAGES - 12 OPEN COTTAGES - 32 COVERED APARTMENT - 38 OPEN APARTMENT - 92 COVERED TOTAL STALLS OPEN - 70 TOTAL STALLS COVERED - 124 ~'' ~~ gal rr,9rx. a~w xer. ire aoo xaav.rwex>otsra~a umsr+rrr~BUmaR~+ SITE PLAN 4 N 0 Attachment 4 SUPPLEMENTAL INDENTURE OF TRUST This Supplemental Indenture of Trust dated as of April 1, 2004, between the City of Maplewood, Minnesota, a municipal corporation, duly organized under the laws of the State of Minnesota (the "Issuer") and Wells Fargo Bank, National Association, a national banking association, formerly known as Norwest Bank Minnesota, National Association (the "Trustee"): RECITALS: WHEREAS, the Issuer and the Trustee entered into an Indenture of Trust dated as of November 1, 1995 (the "Indenture") pursuant to which the Issuer issued its $7,900,000 Multifamily Housing Revenue Refunding Bonds, Series 1995 (Carefree Cottages of Maplewood III Project) (the "Bonds"); and WHEREAS, pursuant to a Loan Agreement dated as of November 1, 1995 (the "Loan Agreement") between the Issuer and Carefree Cottages of Maplewood Limited Partnership III, a Minnesota limited partnership (the "Company"), the Issuer lent the proceeds of the Bonds to the Company to refund certain prior tax-exempt bonds of the Issuer which were issued to finance the costs of the acquisition, construction and equipping of a residential rental housing project further described in the Indenture (the "Project"); and WHEREAS, Section 11.02 of the Indenture provides that the Issuer and the Trustee may enter into a supplemental indenture to change the optional redemption with the consent of at least two-thirds (2/3) of the outstanding principal amount of the Bonds; and WHEREAS, Dougherty 8~ Company LLC (the "Holder"), as owner of one hundred percent (100%) of the principal amount of the outstanding Bonds, has requested that the optional redemption provisions of the Bonds be amended; and WHEREAS, pursuant to a Consent and Direction to the Trustee from the Holder dated the date hereof, the Holder has directed the Trustee to change the optional redemption provisions. NOW THEREFORE, this Supplemental Indenture witnesseth that the Issuer and the Trustee hereby agree to supplement, amend and modify the Indenture as follows: Section 3.01(1)(a) is hereby amended to read as follows: "(a) Optional Redemption. On any date through October 31, 2010, the Bonds may be redeemed and prepaid in whole or in part, and if in part, and if in part, by random selection in principal increments of $5,000 at a redemption price equal to their principal amount (or such portion thereof as is redeemed as provided in Section 3.02), plus accrued interest, plus a premium of 6.5%. On November 1, 2010, and on any date thereafter, the Bonds maturing on or after November 1, 2010 may be redeemed and prepaid, in whole or in part, and if in part by random selection in principal increments of $5,000 at a redemption price equal to their principal amount (or such portion thereof as is redeemed as provided in Section 3.02) plus accrued interest," without premium. 2. The notice provisions set forth in Section 3.03(a) of the Indenture is hereby changed to five (5) Business Days. 1633714v2 3. The Consent and Direction to the Trustee is attached hereto as Exhibit A as required pursuant to 11.2 of the Indenture. 4. All other terms and conditions of the Indenture shall remain in full force and effect except as modified, supplemented and amended hereby. 6 1633714v2 IN WITNESS WHEREOF, the Issuer and Trustee have caused this Supplemental Indenture to be signed in their names and on their behalf and the Company and the Holder have indicated their consent to the terms of this Supplemental Indenture as of the date set forth above. ISSUER: CITY OF MAPLEWOOD By: Its: Mayor By: Its: Clerk TRUSTEE: WELLS FARGO BANK, NATIONAL ASSOCIATION, formerly know as Norwest Bank Minnesota, National Association By: Its: Consented and Agreed to by: COMPANY: CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP 111 By: Carefree Cottages of Maplewood, LLC By: Its: Chief Manager HOLDER: DOUGHERTY & COMPANY, LLC By: Its: Signature page to Supplemental Indenture of Trust dated as of April 1, 2004 between the City of Maplewood, Minnesota and Wells Fargo Bank, National Association. 7 1633714v2 EXHIBIT A DIRECTION AND CONSENT OF BONDHOLDER TO SUPPLEMENTAL TRUST INDENTURE The undersigned, is the owners of one hundred percent (100%) of the principal amount of the Outstanding Bonds, as defined under that certain Indenture of Trust dated as of November 1, 1995, by and between the City of Maplewood, Minnesota (the "City") and Wells Fargo Bank, National Association (successor to Norwest Bank Minnesota, National Association), as Trustee. We have reviewed the Supplemental Trust Indenture and in accordance with the requirements of Section 12.2 of the Trust Indenture, we hereby consent to the Supplemental Indenture of Trust dated April 1, 2004. IN WITNESS WHEREOF, we have executed this Consent as of April 1, 2004 but actually on this day of April, 2004. Registered Owner: DOUGHERTY & COMPANY, LLC By: Its: 8 1633714v2 Attachment 5 Minutes of Meeting of the Maplewood City Council, Maplewood, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly held at the City Hall on April 12, 2004 at o'clock P.M. The following council members were present: and the following were absent: Councilmember moved its adoption: introduced the following resolution and RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A SUPPLEMENTAL INDENTURE OF TRUST RELATING TO 57,900,000 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1995 (CAREFREE COTTAGES 4F MAPLEWOOD III PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 1633716v1 9 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A SUPPLEMENTAL INDENTURE OF TRUST RELATING TO THE :7,900,000 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1995 (CAREFREE COTTAGES OF MAPLEWOOD III PROJECT) BE IT RESOLVED, by the council of the City of Maplewood (the "City") as follows: 1. On November 30, 1995, the City issued its $7,900,000 Multifamily Housing Revenue Refunding Bonds, Series 1995 (Carefree Cottages of Maplewood III Project) (the "Bonds") pursuant to an Indenture of Trust dated as of November 1, 1995 (the "Indenture") between the City and Norwest Bank Minnesota, National Association, now known as Wells Fargo Bank, National Association (the "Trustee"} and pursuant to a Loan Agreement dated as of November 1, 1995 (the "Loan Agreement'? between the City and Carefree Cottages of Maplewood Limited Partnership III, a Minnesota limited partnership (the "Company") loaned the proceeds of the Bonds to Company to refund certain prior tax-exempt bonds of the City which were issued to finance the costs and the acquisition, construction and equipping of a residential rental housing project located at 1801 Gervais Avenue in the City (the "Project'}. 2. The Bonds are currently redeemable on November 1, 2010 and on any date thereafter at a price of par plus accrued interest, and Dougherty & Company, LLC, (the "Holder', holder of the entire outstanding principal amount of the Bonds has requested that the redemption provisions in the Bonds be amended to permit the Bonds to be called for optional redemption at par plus a premium of 6.5% of the outstanding principal amount from March 1, 2004 through October 31, 2010. 3. Section 11.02 of the Indenture provides that the City and the Trustee may enter into a Supplemental Indenture amending the redemption provisions on the Bonds with the consent of a Holder of not less than 2/3 in principal amount of the Outstanding Bonds. The Holder holds 100% of the principal amount of the outstanding bonds and has agreed to amend the redemption provisions. 4. A form of Supplemental Indenture of Trust has been prepared by Briggs and Morgan, P.A., as Bond Counsel, and has been submitted to the Council for approval. 10 1633716v1 5. The Supplemental Indenture, in substantially the form submitted, is hereby approved and the Mayor and the City Clerk or other appropriate officers are hereby directed to execute the Supplemental Indenture on behalf of the City. ADOPTED: April 12, 2004 By: Its: Mayor ATTEST: By: Its: City Clerk 1633716x1 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to the execution and delivery of a Supplemental Indenture of Trust relating to $7,900,000 Multifamily Housing Revenue Refunding Bonds, Series 1995 (Carefree Cottages of Maplewood III Project). WITNESS my hand this day of April, 2004. City Clerk 12 1633716v1 AGENDA ITEM K-4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), City Project 03-26 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll DATE: April 2, 2004 Introduction Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. Following the approval to advertise for bids, the next step in the improvement process is to prepare the assessment roll. The city council will consider approving the attached resolutions for approving plans and advertising for bids, as well as ordering preparation of the assessment roll. Background Following tonight's public hearing and approval of phase 2 of Legacy Parkway, phase 1 and phase 2 will become one single larger project extending from Hazelwood St. to Southlawn Drive. The proposed bid opening for this project is scheduled for 2:00 p.m., Tuesday, May 18, 2004. Award of bids would be considered by the city council at the May 24, 2004, city council meeting. The assessment roll may now be prepared as costs are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate as defined in the feasibility study. Assessments to the developers, (Hartford, Town and Country Homes and the potential developer of the Hazelwood properties - Southwinds), are the vast majority of the assessments, with a small amount of the costs from utility funds and a share paid from the city funds that will be generated by the property taxes from the site improvements at Legacy Village (tax abatement). The calculated assessment roll will be brought back to the city council at the April 26, 2004, council meeting. Recommendation It is recommended that the city council approve the attached resolutions for the Legacy Parkway Improvement, (Hazelwood St. to Southlawn Dr.), Project 03-26: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. JW Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Location Map CMC RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 12, 2004, plans and specifications for Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), Project 03-26, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the city council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 2:OO.m. on the 18t" day of May, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 24, 2004. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), City Project 03-26. 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 and city engineer shall, upon completion of such proposed assessment notify the council thereof. �- ,00 AGENDA ITEM K-5 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Realignment East, (T.H. 61 to Southlawn), City Project 02-07: 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll DATE: April 2, 2004 Introduction Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. Following the approval to advertise for bids, the next step in the improvement process is to prepare the assessment roll. The city council will consider approving the attached resolutions for approving plans and advertising for bids, as well as ordering preparation of the assessment roll. Background The proposed bid opening for this project is scheduled for 10:00 p.m., Tuesday, May 18, 2004. Award of bids would be considered by the city council at the May 24, 2004, city council meeting. The assessment roll may now be prepared as costs are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate as defined in the feasibility study. As defined in the feasibility study, assessments will be levied against benefiting properties, however the vast majority of costs will be paid for by revenue generated by the property taxes from the site improvements at Legacy Village (tax abatement). The calculated assessment roll will be brought back to the city council at the April 26, 2004, council meeting. Recommendation It is recommended that the city council approve the attached resolutions for the County Road D Realignment East, (T.H. 61 to Southlawn), City Project 02-07: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. JW Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Location Map CMC RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on September 8, 2004, plans and specifications for County Road D Realignment East, (T.H. 61 to Southlawn), City Project 02-07, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the city council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:OO.m. on the 18t" day of May, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 24, 2004. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the County Road D Realignment East, (T.H. 61 to Southlawn), City Project 02-07. 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 and city engineer shall, upon completion of such proposed assessment notify the council thereof. { AGENDA ITEM K-6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Patrick Kelly and Sarah Sonsalla, City Attorney's Office SUBJECT: County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08 -Resolution Approving Memorandum of Agreement with Trout Land, LLC and Authorizing Execution of Quit Claim Deed Relinquishing City of Maplewood Interest in Tract of Land along TH 61, South of County Road D DATE: April 2, 2004 Introduction The County Road D (West) Realignment Improvements, Project 02-08, requires the exchange of property through a legal proceeding to accomplish the necessary right of way acquisition. Approval of a resolution approving an agreement with Trout Land, LLC and authorization to execute a deed is needed for this process. Background On November 10, 2003, the city council received a petition from Trout Land, LLC, who purchased the former Frattalone property north of Gulden's restaurant. Trout Land, LLC also has a purchase agreement with the Prokosch family on the north end of the project, making Trout Land, LLC the owner of 95 percent of the project area. They requested that the city proceed with the improvements for realignment of County Road D. The council conducted a public hearing on February 9, 2004, and ordered the project to be constructed. An agreement is proposed with Trout Land, LLC, also known as the Kami property ownership group. Kami has agreed to dedicate the right of way for the County Road D alignment at no charge to the city. In exchange, the city will agree to remove its interest in the property between the frontage road and TH 61, just north of Guldens. The proceeding necessary to allow this to occur is called a Proceeding Subsequent. This tract of land has been encumbered for roadway purposes since the 1930s. When the Highway Department realigned TH 61 in the 1950s, the adjacent ownership became further clouded. The acquisition of the roadway rights was such that the underlying property owner has not been identified since that point. Because the property has had a roadway function since then, there has been little, if any, need to clarify ownership, although records indicate that no one has paid property taxes on the land since the 1930s. With the realigned roadway, the frontage road can be abandoned and the property becomes valuable land to the adjacent property owner. The Exchange Agreement between Kami and the city, approved by the city council on February 8, 2004, will accomplish this task. The acreage of the proceeding subsequent area is 2.69 acres. The acreage of the right of way and frontage road area to be conveyed to the city is 2.77 acres. Other considerations given by the developer make the Exchange Agreement advantageous to the city. Other development agreements will be necessary between the city and Kami for right of way on the Prokosch property (the northern portion of the site), and for easement acquisition, grading agreements and drainage acquisition costs. The attached resolution approves the Memorandum of Agreement and Quit Claim Deed relinquishing the City's rights to the property. City Council Agenda Background Trout Land Exchange Agreement April 2, 2004 Page Two Budget Impact The expense to litigate the issues has been estimated by Patrick Kelly and Sarah Sonsalla, the city attorneys involved in this process, at $10,000, which will be paid by Trout Land, LLC. The city will acquire more property from Trout Land, LLC for right of way than it will vacate interest in. There is no expense for right of way on this portion of the project. Additionally, the proceeding subsequent property was not owned by the city and thus could not be sold for development. Trout Land also agrees to the assessments as identified within the preliminary report. All costs are consistent with the assumptions within the preliminary report. Recommendation It is recommended by the City Attorney that the City Council adopt the attached resolutions approving the Memorandum Agreement with Trout Land, LLC, and approving authorization to execute the Quit Claim Deed for the Old Trunk Highway 61 Property, south of County Road D. 1w Attachments: Resolution Location Map Memorandum of Agreement with Trout Land LLC Quit Claim Deed RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH TROUT LAND, LLC AND AUTHORIZING EXECUTION OF QUIT CLAIM DEED RELINQUISHING CITY OF MAPLEWOOD INTEREST IN TRACT OF LAND ALONG WEST SIDE OF TH 61, SOUTH OF COUNTY ROAD D WHEREAS, pursuant to resolution of the council adopted February 9, 2004, the City Council ordered the construction of the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and authorized the acquisition of the necessary right of way for the making of said improvement, and WHEREAS, the City Attorney and City Engineer have prepared an agreement, called Exchange Agreement, with Trout Land, LLC for the exchange of property for the purpose of the necessary right of way for a portion of said improvement, and WHEREAS, the City Attorney has prepared a Memorandum of Agreement with Trout Land, LLC that relinquishes the City's interests in the property defined within the Memorandum of Agreement as Old Trunk Highway 61 easement area, and WHEREAS, the City Attorney recommends approval of the Memorandum of Agreement and execution of a Quit Claim Deed demonstrating the City's relinquishing all interests in said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. Said Memorandum of Agreement is hereby adopted and approved. The Mayor and City Manager are authorized to execute the agreement signifying the City of Maplewood's approval. 2. Said Quit Claim Deed is hereby approved for signature and the Mayor and City Manager are authorized to execute the agreement signifying the City of Maplewood's approval. Approved this 12t" day of April 2004. ~i~ ,, - \ ~\ ~, / LXF4IBIT" "U`~ i __.l_.. ~ _~_ __ ~_ _J..._... ~__ ~ J_. I{I /~ h ~~ ~ 1 I r / ~ ;~ ~ ; , t ~ ` ~ ~ ~ ~ I ~ , ~ ~ _ J ~, ~~ / ~ ~ ,iBJ/J! ~' bliltWOlM rA f ~ r ~Ir . ~ ! , 1 ~ _____-a--- ~. i ~~ I ` ~ ~ i -- ~ ~ \ , i O i `\` ~ i ~~` ~ ~I ~ ~ ---~-_ ~, ~~~ ~~ ~~~ ~, ~~ i I i---~ -I I I 9 ,pp :C4f IM i ~ ~ i ~ , ~r~ i / ~ , ~' ~~ ~ ,~ ', , i ~ / , ~ i ( 1 ;, , ~' i 11 i u i i ~I i li ~ r i ~ l ~ ~ ~ r ~ I I ~'', ,' ~ ,~ , , , ~'I 1 'r , , ,~ ~~ r , ;~~ ~l ~~ ~ ~ f ~ r ~ r r ,~ ;~~' , t ~ i 'r ' r,~ (~,~ ~'~~ ~ ~ ( ~ ' ~ r~~ 1 ~ i; ri, ~' ~ ~ ~~ ~ r' , ~ i ~ City of Mal ~ ~ i , ~ ~ l ~ ~ DF,PARTMEKIOF i r ENGINEERINi _ , ~ ~ r Q ~ ~ ' ~ oa14 ~ ~. ~ fir ~ ! ~~ , . Um) -~~~ nuc i ~ ' ' I ' t 1 ~ r r r ~ I ~ ~ , ' ~ i r , ~ 1 r ~ , i ~ ~ r ~ CCllNT7 rm,e ~os~n T 2/~ CI?Y PRDJEc CITY PROJEs EXIiiBIT 8 MEMORANAUM OF AGREEMENT This Memorandum was made and executed this day of April, 2004 by Trout Land, LLC, a limited liability company in the State of Minnesota ("Trout Land") and the City of Maplewood, a Minnesota municipal corporation ("City") That Trout Land and the City entered into an Exchange Agreement which affects Trout Land's real property, in the County of Ramsey, State of Minnesota, legally described as follows: That part of Lot 1, Block , Frattalone's Highpoint Ridge, lying East of the West line of Section 3, Township 29, Range 22. ("Parcel A"). The purpose of this Memorandum is to meznorialize the terms of the Exchange A~~reement. That Trout Land and the City represent one to the other that both parties as of this date are in full compliance with the terms of the Exchange Agreement. Said Exchange Agreement is still in full force and effect. A true and correct copy of the Exchange Agreement is attached hereto as Exhibit A. That the City has delivered to Trout Land a quit claim deed for the "Highway 61 Property" as described in the Exchange Agreement. That the City has yet to acquire a portion of Parcel A described above for the purposes of reroutin, County Road D. That upon receipt of the portion of Parcel A from Trout Land, the City shall release its rights fo the Highway 61 property, which is not being utilized by the City as right-of--way by executing a ±ermmatron a~-eement. This Memorandum is being executed the day and year first wzltten above. By: Its: Chief Manager By: Its: City Manager Bv: Its Mayor ACKNOWLEDGMENTS STATE OF MIl\€'NESOTA ) ss. COUNTY OF ) On this _ day of April, 2004, before me appeared Gonzalo Medina, Chief Manager of Trout baud, LLC, who executed this Agreement of his free act and deed. Notary Public STATE OF MINNESOTA ) ss. COTJNT~ OF RAMSEY ) On this _ day of Apnl, 2004, before me appeared Richard Fursman, City Manager, City of Maplewood who executed this Agreement of his free act and deed. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) On this ~ day of April, 2004, before me appeared Robert Cardinal, Mayor, City of Maplewood who executed this Agreement of his free act and deed, Notary Public THIS INSTRUMENT WAS DR.AfTED BX: KELLY & FAWCETT, P.A. Attorrteys at Law 230 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN X5101 115vr bankei\users'~RitalSarah!Clients\~laplewood\Public WorksiFF~.hway 611Memo.Agreement032604.rtf QUIT CLAIM DELD Form No. 31-M 1VIinnesota Uniform Corporation, Partnership or Limited Conveyancing Blanks (1/15/97) Liability Company to Corporation, Partnership or Limited Liability Com zany (Zop 3 tuches tteservcd for Recording Data) DEED TAX DIJE: $ Date: FOI2 V;1I,UABLE CONSIDERATION, the City of Maplewood a municipal corporation under the laws of Minnesota Grantor, hereby conveys and quitclaims to Trout Land, LLC Grantee, a limited liability company under the laws of Minnesota real property in Ramsey County attached hereto as Exhibit A together with all hereditaments and appurtenances. County, lviinnesota, described as follows: Check box if applicable: © The Seller certifies that the Seller does not know of any wells on the described real property. ^ A well disclosure certificate accompanies this document. ©I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Affix Deed Tax Stamp Here STATE flF 1VIlNNE5OTA ss. COUNTY OF Ramsey This instrument was acknowledged before me on B}' Its Mayor By Its City Manager by Robert Cardinal and Richard Fursman , the Mayor and City Manager of City of Maplewood , a municipal corporation under the taws of Minnesota ~ , on behalf of the City NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL C}teck here if part or all of dte land is Registered (Torrens) ~ ~rc~r ini .'zinc Floe ~QV rnte na n ~i nnrior ~ Chad D. Lemmons, Esq. I'dx Statemen[s for the real property described in this instrument Kelly & Fawcett, P.A. should be sent to (include name and address of Grantee): 2350 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 EXHIBIT A Parcel 1 A11 that part of the Northwest Quarter of the Northwest Quarter of Section 3, Township 29, Range 22, Ramsey County Minnesota, which lies westerly of a line drawn parallel and concentric with and distant 135.00 feet westerly from Line "A", described as follows: From a point on the east and west quarter line of Section 4, Township 29 North, Range 22 West, distant 156.3 feet west of the east quarter comer thereof, run southwesterly at an angle of 77 degrees 13 minutes 30 seconds from said east and west quarter line (measured from west to south) for 53.6 feet; thence deflect to the right at an angle of 9 degrees 52 minutes 00 seconds fox X29.4-4 feet to the point of beginning of Line "A" to be described; thence run northeasterly along the last described course for 100 feet to tangent spiral point; thence deflect to the left on a spiral curve of decreasing radius (spiral angle 1 degrees 30 minutes 00 seconds) for 200 feet to spiral curve point; thence deflect to the left on a 1 degree 30 minute 00 second circular curve (delta angle 6 degrees 52 minutes 00 seconds) for 457.77 feet to curve spiral point; thence deflect to the left on a spiral curve of increasing radius (spiral angle 1 degree 30 minutes 00 seconds) for 200 feet; thence on tangent to said curve for 1638.33 feet to tangent spiral point; thence deflect to the right on a spiral curve of decreasing radius (spiral angle 2 degrees 00 minutes 00 seconds) for 200 feet to spiral curve point; thence deflect to the right on a 2 degree 00 minute 00 second circular curve (delta angle 15 degrees 15 minutes 30 seconds) for 762.92 feet to curve spiral point and there termi~lating; And which lies easterly of a line drawn parallel and concentric with and distant 50.00 feet westerly from Line "B", described as follows: Beginning of a point on the north line of Section 3, Township 29 North, Range 22 West, distant 556.6 feet east of the northwest corner thereof, run southwesterly at an angle of 58 degrees 28 minutes 00 seconds from said north section line {measured from west to south for 915.7 feet; thence deflect to the left on a 15 de~ee 30 minute 00 second curve (delta angle 33 dea ees 57 minutes 00 seconds) for 219 feet; thence on tangent to said curve for 668.7 feet; thence deflect to the right on a 4degree 30 minute 00 second curve (delta angle 14 degrees 40 minutes 00 seconds) for 327.4 feet and there terminating; And which lies northerly of the westerly extension of the southerly line of TRACT G, REGISTERED NAND SURVEY N0. 525, files of the Ramsey County Registrar of Titles, said westerly extension and said southerly line also being the southerly line of said Northwest Quarter of the Northwest Quarter; Atud which lies southerly of the easterly extension ofthe southerly lure of TRACT B; REGISTERED LAND SURVEY N0. 322, files of the Ramsey Counts- Registrar of Titles. Parcel 2 A11 that part of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29, Range 22; Ramsey County Minnesota, which lies easterly of a line drawn parallel and concentric with and distant X0.00 feet westerly from Line "B", described as follows: Bea nning at a point on the north line of Section 3, Township 29 North, Range 22 Walt, distant X56.6 feet east of the northwest cornet thezeof, run southwesterly at an angle of 58 deb ees 28 minutes 00 seconds from said north section line (measuzed from west to south for 91 ~.7 feet; thence deflect to the left on a 15 degree 30 minute 00 second curve {delta angle 33 degrees 57 minutes 00 seconds) for 219 feet; thence on tangent to said curve for 668.7 feet; thence deflect to the right on a 4 degree 30 minute 00 second curve (delta angle 14 degrees 40 minutes 00 seconds) for 327.4 feet and there terminating; Memorandum AGENDA ITEM K 7 AGENDA REPORT To: Richard Fursman, City Manager CC: City Clerk From: Steve Lukin, Fire Chief Date: 4/7/2004 Re: Upgrade and Replacement of Warning Sirens BACKGROUND ~'~%ith the addition of the Legacy Village, we were able to add one new siren and replace two old outdated si rcns within the Legacy project budget. Public Work Director Chuck Ahl built the funds ti>r this into the Legacy Village development. The replacement of each of these sirens was necessary to arronunodate the increase in population within the northern part of Maplewood. The cost for the three new sirens is $30,299.35 and the electrical work is $21,560. These will be rhargcd against Project 02-07 and Fund 533. Also, within the 2004 budget, we have the funds available to upgrade two of our sirens by way of adding backup battery power. In 2003, we upgraded five of our existing sirens, and next year, we will have only one left to upgrade. The cost for this year's upgrade of two sirens is $6,810.15 and the electrical work is $5,950. RECOMMENDATION Federal Siren is only available from one source, therefore, we only have one quote in the amount of $37,109.50. We do however; have two quotes on the electrical work; one from RT Electric in the amount of $27,510 for all of the work and the other from Electrical Installation & Maintenance in the amount of $34,030 for all of the work. I recommend that the sirens be purchased from Federal Siren in the amount $37,109.50 and the electrical work be done by RT Electric in the amount of $27,510. Agenda #K8 MEMORANDUM TO: Richard Fursman FROM: Melinda Coleman SUBJECT: City Council Contacts- Appointments DATE: April 6, 2004 INFORMATION At the March 22nd City Council meeting, Council decided that they would like to assign a council contact for each of the city advisory boards or commissions. Currently, there are seven advisory boards/commissions that have membership appointed by the Council. They are: Planning Commission, Community Design Review Board, Housing and Redevelopment Authority, Police Civil Service, Park Commission, Human Relations and Historic Preservation. ACTION REQUESTED Please discuss and decide which Councilmember will be assigned to each commission as their contact. P: com-dvpt.miso.councilcontacts.04 Agenda #N1 MEMORANDUM TO: Richard Fursman ,,,' J FROM: Melinda Coleman NvV SUBJECT: CounciUManager Workshop Schedule DATE: Apri16, 2004 INFORMATION Attached for your review are the workshop calendars for the remainder of April, May and June. Please review and advise staff if there are any changes or additions to be made. Please note there is nothing scheduled on the workshops for June 14a' and 28~' but that could change as issues come up. 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