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2004 07-26 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 26, 2004 Council Chambers, City Hall Meeting No. 04-15 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from the July 12, 2004 CounciUManager Workshop 2. Minutes from the July 12, 2004 City Council Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Historical Committee Appointments 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. Party Service 3.2 Beer License -Joseph Murphy, Aldrich Arena - 1850 White Bear Avenue 3. Conditional Use Permit Review -Liberty Classical Academy (1717 English Street) 4. Conditional Use Permit Review - Hmong Alliance Church (1770 McMenemey Street) 5. Conditional Use Permit Review -Sinclair Fuel Station (223 Larpenteur Avenue East) - Item Pulled 6. Conditional Use Permit Review - Schlomka Over-sized Accessory Building (1481 Henry Lane) 7. Retiree Health Savings Plan HIPAA Revision 8. HIPAA Compliance -Employee Health Plans 9. Cafeteria Plan Revision-Plan Year Change 10. Pleasantview Street Improvements, Project 98-12 -Resolution for Acceptance of Project 11. Kennard Street Improvements, City Project 03-04 -Approve Right of Way and Easement Acquisition Agreements with HealthEast and Birch Run 12. T.H. 61 Improvements (Beam Ave. to 694), Project 03-07 -Resolution Approving Plans and Advertising for Bids. 13. County Road D Realignment (East), Project 02-07 -Resolution Directing Modification of Existing Construction Contract (Frattalone), Change Order No. 1. 14. Purchase of Hazardous Materials Storage Unit H. PUBLIC HEARINGS 1. 7:00 Heritage Square Second Addition (Legacy Village -Kennard Street and Legacy Parkway) Planned Unit Development Revision Preliminary Plat Design Approval I. AWARD OF BIDS 1. Cured in Place Pipe (Sanitary Sewer Program) -City Project 04-20 J. UNFINISHED BUSINESS 1. Charitable Gambling Fund Requests - 2005 2. Interstate 94 Improvements (McKnight to Century), City Project 03-12 -Approve Consultant Contract for Noise Monitoring K. NEW BUSINESS 1. On-Sale Intoxicating Liquor License -Jeffrey Flaherty, Buffalo Wild Wings Grill & Bar - 3091 White Bear Avenue North 2. County Road D Realignment (East), Project 02-07 -Approve Right of Way and Easement Acquisition Agreement with Countryview Golf Course 3. T.H. 61 Frontage Road at Kline Volvo, Project 04-25 -Resolution Approving Agreement for Right of Way Deed and Authorizing Preparation of Preliminary Report 4. Code of Conduct for Council and Commission Members 5. Gladstone Neighborhood -Resolution of Support for Livable Communities Demonstration Account Development Grant 6. Merit Pay Program Change 7. Atlantic Street Water Main, Project 03-16 -Resolution for Cancellation of Project and Authorizing Financing of Expenses by the WAC Fund. 8. Springside Drive Extension, Project 03-36 -Resolution Accepting Report and Calling for Public Hearing. L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS 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 OUR COMMUNITY Following are some rules of'civility the City of'Maplewood expects of'everyone appearing at Council Meetings -elected officials, staff'and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another keep emotions in check and use respectful language. MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, July 12, 2004 Council Chambers, City Hall 5:50 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present Others Present: City Manager Fursman Assistant City Manager Coleman City Clerk Guilfoile City Engineer Ahl Police Chief Thomalla Fire Chief Lukin C. APPROVAL OF AGENDA Councilmember Monahan-Junek moved to approve the agenda as presented. Seconded by Councilmember Koppen D. NEW BUSINESS 1. Police and Fire EMS Chief Thomalla gave a brief overview of the Police and Fire EMS program. Agenda Item D1 Chief Lukin presented letters of intent from Health East, Allina Lakeview Ambulance and two proposals from the City of St. Paul. Finance Director Faust gave a presentation regarding the EMS /Fire program finances. E. FUTURE TOPICS F. ADJOURNMENT Councilmember Koppen moved to adjourn at 7:00 p.m. Seconded by Councilmember Juenemann Ayes-All City CounciUManager Workshop 07-12-04 A. B. C. D. DRAFT--MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M. Monday, July 12, 2004 Council Chambers, Municipal Building Meeting No. 04-14 CALL TO ORDER: Agenda Item D2 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 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-June 28, 2004 Councilmember Juenemann moved to approve the minutes from the June 28, 2004 Ci CounciUMana,~er workshop as presented. Seconded by Councilmember Rossbach Ayes-All 2. Minutes from the City Council/Manager Workshop-June 28, 2004 Councilmember Monahan-Junek moved to approve the minutes from the June 28, 2004 City Council/Mana,~er workshop as amended. Seconded by Councilmember Rossbach Ayes-All E. APPROVAL OF AGENDA Ml. Panhandling on Highway Exit Ramps M2. MET Council M3. 50~ Anniversary Committee M4. August 3rd-National Night Out M5. Incidents at Phalen Park M6. NEST M7. Addition to Consent Agenda: K9 Miscellaneous Beer Permit City Council Meeting 07-12-04 1 Councilmember Koppen moved to a~rove the agenda as amended. Seconded by Councilmember Monahan-Junek Ayes-All F. APPOINTMENTS/PRESENTATIONS 1. Mayor Cardinal commended the Fire Department for their efforts assisting the City of St. Paul with the "Grand Excursion". 2. Mayor Cardinal congratulated Parks and Recreation Director Anderson on the spectacular Fourth of July Fireworks. G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 12,000.00 Checks # 64188 dated 6/23/04 $ 464,205.75 Checks # 64189 thru # 64251 dated 6/29/04 $ 1,759,472.97 Disbursements via debits to checking account dated 6/18/04 thru 6/23/04 $ 460,194.61 Checks # 64252 thru # 64316 dated 7/06/04 $ 150,381.96 Disbursements via debits to checking account dated 6/24/04 thru 7/01/04 $ 2,846,255.29 Total Accounts Payable PAYROLL $ 438,833.11 Payroll Checks and Direct Deposits dated 7/02/04 $ 5,905.60 Payroll Deduction check # 97899 thru # 97904 dated 7/02/04 $ 444,738.71 Total Payroll City Council Meeting 07-12-04 2 $ 3,290,994.00 GRAND TOTAL 2. Indianhead CounciUBoy Scouts of America -Fee Waiver for Temporary Food Waived the $47.00 temporary food permit fee for the Indianhead CounciUBoy Scouts of America temporary food waiver fee 3. Conditional Use Permit Review -Legacy Village PUD (County Road D and Kennard Street) Approved to review the conditional use permit for the Legacy Village PUD in one year. 4. Conditional Use Permit Review -Woodlynn Ponds Townhomes PUD (County Road D) Approved to review the conditional use permit for the Woodlynn Ponds Townhomes in one year. 5. Conditional Use Permit Review - St. Paul Regional Water Services (1900 Rice Street) Approved to review the conditional use permit for the St. Paul Regional Water Services' Campus at 1900 Rice Street again in one year. 6. County Road DImprovements -Existing Roadway (Walter St. to New Cty Rd D Alignment) -City Project 04-06 -Resolution Approving Plans and Authorizing Receipt of Bids with City Project 02-08 Adopted the following resolution approving the plans and specifications and authorizing the receipt of bids wit City Project 02-08 for the Western Segment of the Existing County Road D Improvements, Walter Street to T.H. 61, City Project 04-06: RESOLUTION 04-07-119 APPROVING PLANS ADVERTISING FOR BIDS WITH CITY PROJECT 02-08 WHEREAS, pursuant to resolution passed by the city council on February 9, 2004, plans and specifications for County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08, have been prepared by URS Engineers, Inc. under the direction of the city engineer, who presented such plans and specifications to the city council for approval on June 28, 2004, and WHEREAS, pursuant to resolution passed by the city council on June 28, 2004, plans and specifications for the Western Segment of Existing County Road D Improvements, Walter Street to the new alignment for County Road D, City Project 04-06, have been prepared by SEH Engineers, Inc. under the direction of the city engineer, who has presented such plans and specifications to the city council for approval. City Council Meeting 07-12-04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications for the Western Segment of Existing County Road D, Walter Street to the new alignment for County Road D, a copy of which are attached hereto and made apart hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall include said plans and specifications with the bid documents for City Project 02-08 and 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 combined improvement under such approved plans and specifications. The advertisement shall be published twice, at least three weeks 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 10:00.m. on the 30~ day of July, 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 August 9, 2004. 7. Transfer to Close Fund for Project 03-OS Approved a transfer of $14,998 from the Sewer Fund to the fund for Project 03-OS and the appropriate budget changes to close the fund. 8. Amended Agreement for Project 03-26 Approved the termination of a lease with Daniel and Mickele Gebhard at 3062 Hazelwood in exchange for the payment of $25,000 received from Town and Country Homes, City Project 03-26. 9. Tamarisk Resources, Inc.-Temporary 3.2 Beer Approved the temporary 3.2 beer permit for Tamarisk Resources fort Aldrich Arena on July 24~', 6:00 p.m. to midnight. H. PUBLIC HEARINGS 7:17 p.m. Cahanes Estates Preliminary Plat (2415 Minnehaha Avenue) a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. c. Commissioner Pearson presented the Planning Commission Report. City Council Meeting 07-12-04 d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Gerald Prosh, 1736 Bartelmy Lane, Maplewood Kelly Conlin, the developer e. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to approve the Cahanes Estates preliminaryplat as received by the city on June 28, 2004 which shall include who shall be installing the street light (el and will reiterate that the developer will save trees. Seconded by Councilmember Koppen Ayes-All 2. 7:42 p.m. Mapletree Townhouses (Southlawn Drive) a. Preliminary Plat b. Design Approval a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. c. Commissioner Pearson presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Paul Brandt, the applicant Richard McKeen, 1825 Radatz, Maplewood Gerald Gallagher, representing Azure Properties e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the preliminaryplat plans for the Mapletree Townhomes. Seconded by Councilmember Rossbach Ayes-Councilmember Rossbach and Koppen Nays-Mayor Cardinal, Councilmembers Juenemann and Monahan-Junek Motion Failed Mayor and council noted their vote was due to the amount of blacktop involved in the project. Councilmember Rossbach moved to approve the design plans for the Mapletree Townhomes. Seconded by Councilmember Koppen Ayes-Councilmember Rossbach and Koppen Nays-Mayor Cardinal, Councilmembers Juenemann and Monahan-Junek City Council Meeting 07-12-04 Motion Failed Mayor and council noted their vote was due excessive asphalt in the proposed plans. 3. 8:32 p.m. Trout Land (west of Highway 61 and new County Road D) Comprehensive Plan Changes a. Land Use Plan Changes - R-1 and M-1 to R3(M) (4 votes) b. Collector Street Designation -County Road D (4 votes) Conditional Use Permit for Planned Unit Development Preliminary Plat a. City Manager Fursman presented the report. b. Senior Planner Ekstrand presented specifics from the report. c. Commissioner Pearson presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Jim Kellison, developer Ed Franzmeier, President High Ridge Point Townhouses Robert Kranz, 1264 Highridge Court, Maplewood Ken Halvorson, 1255 Highridge Court, Maplewood George Rossbach 1406 East County Road C, Maplewood Jim Kellison, developer-second appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution amending the Maplewood Comprehensive Land Use Plan from Rl (single dwelling residential) and Ml (light Manufacturing) to R3M (medium Density residential: LAND USE PLAN CHANGE RESOLUTION 04-07-120 WHEREAS, Jim Kellison, of Kelco Real Estate Development Services, applied for a change to the City's land use plan from Rl (single dwelling residential) and Ml (light manufacturing) to R3M (medium density residential). WHEREAS, city staff further requested a revision to the land use plan to redesignate a collector street which would align with the city's proposed County Road D extension on the west side of Highway 61. WHEREAS, these changes apply to the property located generally on the west side of Highway 61 south of County Road D. Refer to the attached map. WHEREAS, the history of this change is as follows: City Council Meeting 07-12-04 1. On May 17, 2004, the Planning Commission held a public hearing. The City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve the land use plan change. 2. On July 12, 2004, the City Council discussed the land use plan change. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described changes, including the redesignation of the County Road D extension collector, for the following reasons: 1. The development would be consistent with the goals and policies of the comprehensive plan. 2. The proposed town houses would be consistent with the city's policies for medium-density residential uses, since they would create a transitional land use between commercial property and single dwelling property. 3. Town houses would be compatible with the abutting town house development. 4. The difference in grade between the proposed townhomes and the existing homes to the west will create a natural buffer between developments. 5. There would be no significant impact on the existing neighborhood streets to the west. Seconded by Councilmember Monahan-Junek Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving the collector street designation for Trout Land: LAND USE PLAN CHANGE RESOLUTION 04-07-121 WHEREAS, Jim Kellison, of Kelco Real Estate Development Services, applied for a change to the City's land use plan from Rl (single dwelling residential) and Ml (light manufacturing) to R3M (medium density residential). WHEREAS, city staff further requested a revision to the land use plan to redesignate a collector street which would align with the city's proposed County Road D extension on the west side of Highway 61. WHEREAS, these changes apply to the property located generally on the west side of Highway 61 south of County Road D. Refer to the attached map. City Council Meeting 07-12-04 WHEREAS, the history of this change is as follows: 3. On May 17, 2004, the Planning Commission held a public hearing. The City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve the land use plan change. 4. On July 12, 2004, the City Council discussed the land use plan change. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described changes, including the redesignation of the County Road D extension collector, for the following reasons: The development would be consistent with the goals and policies of the comprehensive plan. 2. The proposed town houses would be consistent with the city's policies for medium-density residential uses, since they would create a transitional land use between commercial property and single dwelling property. 3. Town houses would be compatible with the abutting town house development. 4. The difference in grade between the proposed townhomes and the existing homes to the west will create a natural buffer between developments. 5. There would be no significant impact on the existing neighborhood streets to the west. Seconded by Councilmember Monahan-Junek Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Monahan-Junek moved to adopt a resolution approving a conditional use permit for a planned unit development for the Trout Land multi-use PUD. Seconded by Councilmember Koppen Ayes-Councilmembers Koppen and Monahan-Junek Nays-Councilmembers Juenemann, and Rossbach Abstain-Mayor Cardinal Motion failed due to lack of tangible plans resulting in possible premature variances. Councilmember Koppen moved to adopt the following resolution rezoning the western portion of proposed County Road D R(3) and eastern portion M(1): ZONING MAP CHANGE RESOLUTION 04-07-122 City Council Meeting 07-12-04 WHEREAS, Jim Kellison, of Kelco Real Estate Development Services, applied for a change in the zoning map from Rl (single-dwelling residential) and Ml (light manufacturing) to PUD (planned unit development); WHEREAS, the Maplewood City Council denied this proposal and approved a change in the zoning map to R3 (multiple-dwelling residential). WHEREAS, this change applies to the property located west of the proposed County Road D extension west of Highway 61 and south of the existing alignment of County Road D East. WHEREAS, the history of this change is as follows: On May 17, 2004, the Planning Commission recommended that the City Council approve the applicant's proposed zoning map change to PUD. 2. On July 12, 2004, the City Council held a public hearing. The city staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. 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 change in the zoning map to R3 (multiple-dwelling residential) for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The proposed change would not permit any variances from the city's development guidelines, as would a change to PUD as requested by the applicant. Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to table final action on the Trout Land item until completion City Council Meeting 07-12-04 of public hearing #4• Seconded by Councilmember Juenemann Ayes-All 4. 9:55 p.m. Interstate 94 Improvements -Consider MnDOT Proposed Project a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. c. Frank Paflco, North Area Manager for MNDoT provided further specifics. d. Marc Goess, MnDOT, provided further specifics. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Don Disselkamp, 188 Crestview Drive North, Maplewood Theresa Gunderson, 131 Crestview Drive North, Maplewood Bob Oliveira, 200 Crestview Drive North, Maplewood Dee Oliveria, 200 Crestview Drive North, Maplewood Jim Berman, 2480 Brookview Drive, Maplewood Jim Bloemendal, 2510 Brookview Drive, Maplewood Gene Kulzer, 152 Crestview Drive, Maplewood Stephanie Weber, 180 North Sterling, Maplewood Councilmember Juenemann moved to extend the meeting until the agenda was completed. Seconded by Councilmember Monahan-Junek Ayes-All Terry DeGraw, 2500 Hudson Place, Maplewood Ann Hackler, 235 Crestview Drive North, Maplewood Eleanor Grant, 221 Crestview Drive North, Maplewood Nora Slawick, 2335 Snowshoe Lane, Maplewood Don Disselkamp, second appearance Lee Kunn, 2481 Brookview Drive, Maplewood Jean Ashley, 2466 Brookview Drive, Maplewood Fred McCormack, 230 Crestview Drive, Maplewood Patrick Vang, 187 Crestview Drive, Maplewood Jane Ashley, 2466 Brookview Drive, Maplewood Jim Gunderson, 131 Crestview Drive, Maplewood Joe Chounard, 27 Sterling Avenue, Maplewood £ Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve staff recommendation option 2 of MnDOT's request to grant municipal consent for the proposed improvements to Interstate 94 between City Council Meeting 07-12-04 10 McKnight Road and TH 120. Council also directed the City Engineer to establish a Neighborhood Work Group with the intent of working out final design details for any and all solutions including an earthen berm and plantin sg along the project corridor, and to consult the cities en ing eerin,~ consultant (TKDA) and to brin,~ back details to the July 26, 2004 Council Meeting. Seconded by Councilmember Rossbach Ayes-All A five-minute break was taken. 3. Trout Land (west of Highway 61 and new County Road D) CONTINUED City Manager Fursman reported that the developer had indicated that the City Council action on the rezoning would not substantially delay construction of the County Road D Realignment project. Councilmember Monahan-Junek moved to adopt the preliminary_plat for a development project at County Road D west of Highwa. 6~proposed in the Trout Land application. The developer shall complete the following before the city approves the final plat: 1. Meet all requirements in the memo by Chris Cavett dated May 11, 2004. 2. Rename Outlot B with a lot number. Seconded by Councilmember Koppen Ayes-All I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. Olivia Gardens (2329 and 2335 Stillwater Road) Land Use Plan Change - R-1 (single dwellings) to R-2 (double dwellings) (4 votes) Zoning Map Change (R-1 to R-2) Conditional Use Permit for Planned Unit Development Preliminary Plat a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution changing the land use plan for the Olivia Gardens plat on the west side of Stillwater Road, north of Bush Avenue City Council Meeting 07-12-04 11 LAND USE PLAN CHANGE RESOLUTION 04-07-123 WHEREAS, Kelly Conlin, representing Homesites LLC, proposed a change to the city's land use plan from R-1 (single dwellings) to R-2 (single and double dwellings). WHEREAS, this change applies to the properties at 2329 and 2335 Stillwater Road in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1-14 of the proposed Olivia Gardens) WHEREAS, the history of this change is as follows: On May 17, 2004, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendment. 2. On June 14, 2004, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. 3. On July 12, 2004, the city council again considered this request. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change for the following reasons: 1. It would be consistent with the goals and objectives of the comprehensive plan. 2. This change would eliminate an area that the city had once planned for commercial uses that was between two residential areas. 3. This site is proper for and consistent with the city's policies for medium-density residential use. This includes: a. It is on a minor arterial street and is near a collector street. b. Minimizing any adverse effects on surrounding properties because there would be no traffic from this development on existing residential streets. 4. It would be consistent with the proposed zoning and land uses. Seconded by Councilmember Koppen Ayes-All Councilmember Juenemann moved to adopt the followin,~ resolution changin,~ the zoning map for the Olivia Gardens plat on the west side of Stillwater Road, north of Bush Avenue. This change is from R-1 (single dwellings) to R-2 (Single and double dwellings) the reasons for this change are those required by the city code and because the owner plans to develop this part of the property to double dwellings: City Council Meeting 07-12-04 12 RESOLUTION: ZONING MAP CHANGE 04-07-124 WHEREAS, Kelly Conlin, representing Homesites LLC, proposed a change to the zoning map from R-1 (single dwellings) to R-2 (single and double dwellings). WHEREAS, this change applies to the property at 2329 and 2335 Stillwater Road. WHEREAS, the legal description of these properties are: Auditors Subdivision No. 77, Subject to Highway and except the South 50 feet lying Easterly of the West 243 feet, the following; Lot 7. (PIN 25-29-22-33-0071) 2. Auditors Subdivision No. 77, Subject to Highway, Lot 6. (PIN 25-29-22-33-0070) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Olivia Gardens) WHEREAS, the history of this change is as follows: 1. On May 17, 2004, the planning commission recommended that the city council approve this change. 2. On June 14, 2004, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. 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. 3. On July 12, 2004, the city council again considered this request. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The owner plans to develop this property for double dwellings. City Council Meeting 07-12-04 13 Seconded by Councilmember Rossbach Ayes-All Councilmember Monahan-Junek moved to approve the conditional use permit to a planned unit development for the Olivia Gardens development to the west side of Stillwater road, north of Bush Avenue: CONDITIONAL USE PERMIT RESOLUTION 04-07-125 WHEREAS, Mr. Kelly Conlin, representing Homesites LLC, applied for a conditional use permit (CUP) for the Olivia Gardens residential planned unit development (PUD). WHEREAS, this permit applies to the Olivia Gardens development plan the city received on April 21, 2004. The legal descriptions of these properties are: Auditors Subdivision No. 77, Subject to Highway and except the South 50 feet lying Easterly of the West 243 feet, the following; Lot 7. (PIN 25-29-22-33-0071) 2. Auditors Subdivision No. 77, Subject to Highway, Lot 6. (PIN 25-29-22-33-0070) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Olivia Gardens) WHEREAS, the history of this conditional use permit is as follows: On May 17, 2004, the planning commission recommended that the city council approve this permit. 2. On June 14, 2004, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. 3. On July 12, 2004, the city council again considered this request. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. City Council Meeting 07-12-04 14 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. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation. (2) All driveways at least 20 feet wide. If the developer wants to have parking on one side of the main drive (Olivia Court), then it must be at least 28 feet wide. (3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. (4) The driveway in front of Lots 1 and 2, Block 6 as wide as possible while still accommodating the required screening and tree planting. 2.The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Erin Laberee's memo dated July 1, 2004. 4. The approved setbacks for the principal structures in Olivia Garden shall be: City Council Meeting 07-12-04 15 a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet, maximum - 35 feet b. Front-yard setback (public side street): minimum - 30 feet, maximum -none c. Rear-yard setback: 20 feet from any adjacent residential property line d. Side-yard setback (town houses): minimum - 20 feet from a property line and 20 feet minimum between buildings. 5. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 6. The city council shall review this permit in one year. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to approve the preliminary_plat (received b council on June 28, 2004). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost oftraffic-control, street identification and no-parking signs. d. Provide all required and necessary easements (including all utility easements and ten- foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot). e. Cap and seal any wells on site. f. Have Xcel Energy install a street light at the intersection of Stillwater Road and the proposed private driveway (Olivia Court). The exact location and type of light shall be subject to the city engineer's approval. 2. * Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated April 26, 2004, and shall meet the following conditions: City Council Meeting 07-12-04 16 a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Include contour information for all the land that the construction will disturb. (3) Show housing pads that reduce the grading on sites where the developer can save large trees. (4) Show the proposed street and driveway grades as allowed by the city engineer. (5) Include the tree plan that: (a) Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (b) Shows no tree removal beyond the approved grading and tree limits. (6) Show drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the runoff from the surrounding areas. c. The street, driveway and utility plans shall show the: (1) Water service to each lot and unit. (2) Repair of Stillwater Road (street, trail and boulevard) after the developer connects to the public utilities and builds the private driveways. (3) Driveway in front of Lots 1 and 2, Block 6, as wide as possible while still accommodating the necessary screening and trees. 3. Paying for costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Label the private driveway as Olivia Court and label Stillwater Road on all plans. City Council Meeting 07-12-04 17 c. Label the common area as Outlot A. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. 6. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 8. Submit the homeowners' association bylaws and rules to the city for approval by the director of community development. These are to assure that there will be one responsible party for the care and maintenance of the common areas, the publicly-owned parcel to the north, private utilities, landscaping and retaining walls. 9. Record the following with the final plat: a. All homeowners' association documents. These documents shall include provisions for the care and maintenance of the publicly-owned parcel north of the project site. b. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. i. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. ii.Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). iii.The owner or contractor shall get demolition permits from the city to remove the house, equipment building and the other structures from the two properties. iv.Obtain the necessary approvals and permits from MnDOT. v.If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Monahan-Junek Ayes-All City Council Meeting 07-12-04 18 2. Code Amendment -Public Hearings at Planning Commission (Second Reading) a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Juenemann moved to adopt the following proposed ordinance amendment about public hearings: ORDINANCE NO. 848 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MAPLEWOOD CITY CODE ABOUT PUBLIC HEARINGS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment changes Section 12-310 (f)(1). Variances. (additions are underlined and deletions are crossed out): (f) Variances. Procedures for granting variances from this section are as follows: (1) The city council may approve variances to the requirements in this section. Before the city council acts on a variance, the planning commission shall hold a public hearing and shall make a recommendation to the city council. . The city staff shall notify the property owners within 500 ~@ feet of the buffer at least ten days before the hearing. The city may require the applicant to mitigate any buffer alteration. Section 2. This amendment changes Section 14-57. License application approval procedure. (additions are underlined and deletions are crossed out): Sec. 14-57. License application approval procedure. An application for a home occupation shall be filed with the director of community development. Upon receipt of a complete application, the director of community development or his or her designee, shall prepare a report and recommendation to send to the planning commission. The planning commission shall hold a public hearing for each home occupation license request. The city shall mail a notice to all property owners within 500 feet of the proposed home occupation at least 10 days before the hearing. The city also shall publish the public hearing notice in the official newspaper at least ten days before the hearing. The plannin,~ commission will consider the proposal and then shall make a recommendation. The planning commission's recommendation shall be forwarded to the city council. The city council will make the final decision about all home occupation license requests. ~ ~ ~~'~'~~'~~ ~ '- ~''~~ ~~'~- (Code 1982, § 17-22) Section 3. This amendment changes Section 34-5(c). (additions are underlined and deletions are crossed out): Sec. 34-5. Preliminary plat procedure. City Counci107-12-04 19 (c) The director of community development shall deliver to the finance director for deposit any moneys received as fees required in this chapter with each preliminary plan. The finance director shall credit the money to the general fund of the city. All moneys so received shall be used to defray the expenses of processing the application. The director of community development shall prepare a report and recommendation. This report shall then be forwarded to the planning commission. The planning commission shall hold a public hearing about the proposal and they shall forward a recommendation to the city council. . The hearing shall beheld following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. The applicant, property owner, and all other property owners within 500 ~ feet of the property to be subdivided shall be notified by mail at least ten days before the day of the hearing. When a division or subdivision to which this chapter does not apply is presented to the city, the city clerk shall with in ten days certify that this chapter does not apply to the particular division. If the city fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminary approved, and upon demand the city shall execute a certificate to that effect. Section 4. This amendment changes Section 44-10. Zoning map. (additions are underlined and deletions are crossed out): Sec. 44-10. Zoning map. (a) Generally. The boundaries of the districts designated in section 44-9 will be shown on a map, and the map is hereby made part of this chapter, which map shall be known as the zoning map of the City of Maplewood. The map shall include any zoning changes recommended by the planning commission wand adopted by the city council. ' .The planning commission shall hold a public hearing to consider all zoning map changes and shall make a recommendation about such changes to the city council. The city shall notify all property owners within 500 feet of the proposed zoning map change about the public hearing and shall publish a public hearing notice in the official newspaper at least ten days before the public hearing_ ' .All interested persons shall be heard at the hearing or any adjournment thereof. After the hearing, the plannin,~ commission shall forward a recommendation to the city council. The city council shall adopt the zoning map and and eg s to it; and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described. The map shall be kept up to date as provided in subsection (c) of this section. Section 5. This amendment changes Section 44-1093(c). (additions are underlined and deletions are crossed out): (c) The development shall conform to the plan as filed with the city. Any substantive changes in the plan shall require a recommendation by the planning commission after they hold a public hearing and requires the approval of the city council. Section 6. This amendment changes Section 44-1096(b). (additions are underlined and deletions are City Counci107-12-04 20 crossed out): Sec. 44-1096. Procedure. (b) The planning commission €~ shall hold at least one public hearing on each application for a conditional use permit. . The director of community development shall have a notice of the hearing published in the official newspaper at least ten days before the hearing. The director shall also cause a notice to be mailed to each of the owners of property within 500 ~@ feet of the boundary lines of the property upon which such use has been requested, which notices are to be mailed to the last known address of such owners at least ten days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. Section 7. This amendment changes Section 44-1240(b). (additions are underlined and deletions are crossed out): Sec. 44-1240(b). (b) The city shall send a copy of approved amendments, subdivisions, variances or conditional uses under this article to the commissioner. The city shall mail all such approvals within ten days of final action. When the city approves a variance after the commissioner has recommended denial, the notification of the approved variance shall include the ~ ~ ' minutes of the public hearing and of the city council's action. Section 8. This amendment changes Section 44-1283(a). (additions are underlined and deletions are crossed out): Sec. 44-1283. Permit termination. (a) The material extraction permit may be terminated by the city for violation of this article and of any conditions of the permit. No permit may be terminated until the city council has held a public hearing and the city council has determined whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The city council may establish certain conditions which, if not complied with by the operator, will result in immediate suspension of operations until the city council holds a public hearing to consider terminatin~`~ ~ ~~'~~`~~~~~`~~~ ~~thepermit. . Seconded by Councilmember Koppen Ayes-All Electric Franchise Fee City Manager Fursman presented the staff report. b. Finance Director Ahl presented specifics from the report. Councilmember Koppen moved to have staff complete an impact study of fees and revenue and City Counci107-12-04 21 return to council at the July 26th City Council Meeting. Seconded by Councilmember Monahan-Junek Ayes-All K. NEW BUSINESS 1. Charitable Gambling Fund Requests-2005 a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. d. The following persons were heard: Erv Carlson, representing Pleasant View Park Hockey Rink Marilyn Vars, 622 Communities Partnership Tamara Lee, Ramsey County Library Joe Foxx, Ramsey County Fair Board Joannie Zimmer, Dispute Resolution Center Councilmember Koppen moved to table this item until the July 26~ City Council Seconded by Councilmember Juenemann Ayes-All 2. Police and Fire EMS Study-NO REPORT a. City Manager Fursman presented the staff report. b. Police Chief Thomalla presented specifics from the report. Councilmember Koppen moved to discuss the EMS Study on Thursday, July 22nd at 5:30 p.m. Seconded by Councilmember Rossbach Ayes-All 3. Legacy Village Sculpture Park: Approval of Plans and Specifications a. City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Juenemann moved to approve the concept plans for Legacy Park as presented and authorized staff to proceed with the bid openin,~ schedule on July 22, 2004 and funding allocated from the proceeds of the approved tax abatement bond: Seconded by Councilmember Koppen Ayes-All 4. County Road D Extension (Hazelwood to TH 61), City Project 02-07: Resolution Authorizing Condemnation Proceedings on Property for Purposes of Right-of--Way Acquisition a. City Manager Fursman presented the staff report. City Counci107-12-04 22 b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the followin,~ resolutions authorizin,~ eminent domain proceedings on prope .for purposes of right-of-way acquisition: RESOLUTION 04-07-126 RESOLUTION PROVIDING FOR THE ACQUISITION OF A PORTION OF PROPERTY OWNED BY THIES TALLE FOR ROAD PURPOSES LOCATED AT 1695 COUNTY ROAD D AND AUTHORIZING ACTION BY THE CITY ATTORNEYS WHEREAS, the City of Maplewood desires to acquire fee title to real property in Ramsey County, Minnesota, legally described as: The northerly 10.00 feet of the southerly 43.00 feet of said West Half of the East Half of the Southeast Quarter, Section 34, Township 30, Range 22, which lies south of the Southerly right-of- way of T.H. 393-694, Ramsey County, Minnesota; WHEREAS, the City of Maplewood desires to acquire a temporary construction easement over, under and across the following described property: The northerly 10.00 feet of the southerly 53.00 feet of the said West Half of the East Half of the Southeast Quarter, Section 34, Township 30, Range 22, which lies south of the Southerly right-of- way of T.H. 393-694, Ramsey County, Minnesota. WHEREAS, the above-described property is being acquired pursuant to the City's powers of eminent domain under Minnesota Statutes Section 117.57, specifically including a quick take action under Minnesota Statutes Section 117.042; WHEREAS, the Property is within the area of operation of the City; WHEREAS, the Property is included in the City's Maplewood Mall Area Transportation Improvement plan ("MMATI"), which is a plan to address traffic issues in the area of Maplewood Mall; WHEREAS, MMATI consists of reconstructing County Road D between Hazelwood Street and White Bear Avenue to provide for the safety of the traveling public; and WHEREAS, acquiring the Property serves the public purpose of facilitating traffic control, furthering public safety and assisting in the orderly development of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THAT: for purposes of acquiring fee interest in the Property for road purposes, and a temporary construction easement in the City of Maplewood, County of Ramsey, State of Minnesota, by a condemnation in the exercise of the right of eminent domain (pursuant to the City's powers under Minnesota Statute Section 117.57, and to exercise the City's power of eminent domain under Minnesota Statutes Chapter 117, specifically including quick take action under Minnesota Statute Section 117.042) as expedient and quickly as provided by law, the City of Maplewood authorizes its attorneys to file a Petition for Condemnation and other action deemed necessary by the City Attorneys to acquire said property. RESOLUTION 04-07-127 RESOLUTION PROVIDING FOR THE ACQUISITION OF A PORTION OF PROPERTY City Counci107-12-04 23 OWNED BY CARSON ENTERPRISES FOR ROAD PURPOSES LOCATED AT 1755 COUNTY ROAD D AND AUTHORIZING ACTION BY THE CITY ATTORNEYS WHEREAS, the City of Maplewood desires to acquire fee title to real property in Ramsey County, Minnesota, legally described as: The Northerly 10.00 feet of the southerly 43.00 feet of the East half of the East half of the Southeast Quarter, Section 34, Township 30, Range 22, which lies south of the Southerly right-of--way of T.H. 393-694, except the East 231 feet thereof, Ramsey County, Minnesota; WHEREAS, the City of Maplewood desires to acquire a temporary construction easement over, under and across the following described property: The northerly 10.00 feet of the southerly 53.00 feet of the East half of the East half of the Southeast Quarter, Section 34, Township 30, Range 22, which lies south of the Southerly right-of--way of T.H. 393-694, except the East 231 feet thereof, Ramsey County, Minnesota; WHEREAS, the above-described property is being acquired pursuant to the City's powers of eminent domain under Minnesota Statutes Section 117.57, specifically including a quick take action under Minnesota Statutes Section 117.042; WHEREAS, the Property is within the area of operation of the City; WHEREAS, the Property is included in the City's Maplewood Mall Area Transportation Improvement plan ("MMATI"), which is a plan to address traffic issues in the area of Maplewood Mall; WHEREAS, MMATI consists of reconstructing County Road D between Hazelwood Street and White Bear Avenue to provide for the safety of the traveling public; and WHEREAS, acquiring the Property serves the public purpose of facilitating traffic control, furthering public safety and assisting in the orderly development of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THAT: for purposes of acquiring fee interest in the Property for road purposes, and a temporary construction easement in the City of Maplewood, County of Ramsey, State of Minnesota, by a condemnation in the exercise of the right of eminent domain (pursuant to the City's powers under Minnesota Statute Section 117.57, and to exercise the City's power of eminent domain under Minnesota Statutes Chapter 117, specifically including quick take action under Minnesota Statute Section 117.042) as expedient and quickly as provided by law, the City of Maplewood authorizes its attorneys to file a Petition for Condemnation and other action deemed necessary by the City Attorneys to acquire said property. Seconded by Councilmember Monahan-Junek Ayes-All 5. County Road D Extension (Hazelwood to TH 61), City Project 02-07: Resolution Authorizing Modification of Existing Construction Contract City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution directing the modification of City Counci107-12-04 24 the existing construction contract change order No 1: RESOLUTION 04-07-128 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Construction of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City Project 02-07, 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 02-07, Change Order No. 1. 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. 1 in the amount of $0.00. The revised contract amount is $2,369,862.11. No revisions to the project budget are proposed at this time as Change Order No. 1 is for the purpose of modifying the contract completion dates only. Seconded by Councilmember Rossbach Ayes-All 6. IT Technician Position City Manager Fursman presented the staff report. b. IT Director Hurley presented specifics from the report. Councilmember Juenemann moved to authorize the creation of one regular full-time position entitled IT Technician with a pay range established at $35,313 to $44,486. Seconded by Councilmember Koppen Ayes-All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Panhandling on Highway Exit Ramps-Mayor Cardinal noted that this is a state problem whereas the city does not normally get involved. Chief Thomalla noted that "begging" is protected by the 1st amendment and a city cannot enact an ordinance to prevent it. 2. Met Council-Mayor Cardinal gave a consensus report from the Met Council. 3. SOtd Anniversary-Mayor Cardinal asked anyone who was interested in volunteering time to step forward. 4. National Night Out-Mayor Cardinal encouraged all to participate on Tuesday, August 3rd Parks and Recreation Director Anderson stated that 50 block parties have registered with Parks and Recreation to date. 5. Phalen Park-Mayor Cardinal expressed concerns with inappropriate activities at Phalen Park. 6. NEST-Councilmember Koppen announced NEST will be using reserve funding to pay City Counci107-12-04 25 for the new GPS System and that the NEST bus will be in the parade on Thursday, July 15~. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 12:50 p.m. Seconded by Councilmember Koppen Ayes -All City Counci107-12-04 26 Agenda #Fl MEMORANDUM TO: City Manager FROM: Melinda Coleman, Assistant City Manager SUBJECT: Historic Preservation Commission Appointments DATE: July 15, 2004 INTRODUCTION The Historic Preservation Commission has 4 vacancies created by resignations of Anne Fosburgh, Gordy Heininger, Robert Overby and Don !Wiegert. City staff has advertised in the Maplewood Review, the City News and the city web page. To date, we have received 4 applications. Please see the attached applications. BACKGROUND The City Council's new process for board commission appointments require that the applicants be interviewed by the Council. Staff has scheduled the interviews for Monday, July 26th at 6 p.m. The Council will then make the formal appointments at the 7 p.m. regular City Council meeting. RECOMMENDATION The City Council should interview the candidates and then make the appointments. Two of the members should be appointed fora 3 year term and the other 2 for a 2 year term. P:/com_dvpt/misc/hpc. appt Attachments: 1. Applications CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM ,J1E 1Sic_ha~d Eua e~ L'crr2alC ,ODRESS `937 Gc1Es~f /~~,.-cyo~1. ~9~., PHONE NO. Work: _ _ Home: W ~ . .ZIP Ssf(7-z-zz-1 DATE 1) How long have you lived in the City of Maplewood? ~~ ~vnn~- 2) WII other commitments make regular attendance at meetings difficult? Yes No ,~ Comments: 3) On which Board or Commission are you interested in serving? (please check) _ ~_ Community Design Review Board 'Park 8 Recreation Commission Housing 8 Redevelopment Authority -~ Planning Commission Human Relations Commission ~ Police Civil Service Commission 4) Do you have any s ecific areas of interest within this Board's or Commission's scope of responsibilities? 13 ~~~ s sti 31d .>h;rr'n~'1'". i Z I .u ~ hNu ~'s ~ P. ~/ r~a~n1 5) List other organizations or clubs in the Community in which ypu have been or are an active participant: i ^~~f a,~ tic--~ `~r~eKs~~.~ l~i~c l~t~~ ~t . f r~.u7 !~r'/~ ~ CJIu (~ IY1~P%: ~:~rc;,~ ~ ~El~ f~~s`faci e~.~ ~cl 6) Why would you like to serve on this Board or Commission? ',~ °g~~~ Z'c,,~„rt to . ADDITIONAL COMMENTS: THE INFORMATION CONTAINED !N THIS APPLICATION'SHALL BE CLASSIFIED AS PUBLIC. Attachment FORMSIBRDBCOMM_APL 2 ~ D/96 CITY OF MAPLE OOD BOARDS AND COM ISSIONS E APPLICANT INFORMA ION FORM ` NAME ,~ u~./~~~ ~ ~-tu.2~ /i~f ~ y. ADDRESS %~~j ~~. ~'''~fJ"~%lvr; mil, F~e~J~~~(.~/DGc~ /7?,~.~ ~ Slc` PHONE NO. Work: Home: II _ DATE ~° ~ - ~? ~' _LS ~~ i 1) How long have you lived in the City of Maplewood? 2) Wi71 other commitments make regular attendance at xrteetings cult? Yes No ~;~ Comments: 3) On which Board or Commission are interested in serving? (ple a check) ___~__ I 4) Do you have any specific areas of interest within this Board's ~r Commission's scope of responsibilities? Community Design Review Boazd Pazk & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission ~ Police Civil Service Commission Environmental Committee ;.-'Historic Preservation Commission _+- lfi I ~-' / ~ ~'C~.S ,' ~ c~l / /Y~, /`.` j i 7~ l i i i. _ yn ,~ ~i ~~-~~ `~ /J /~ ~/~ O 7 ~ ti ~"'! Cz,? ~ . ~ //ici~ % C ~ c`r'y' u" C / ~~!. /r,.r.,~,, F4ic f H- 5) List other organizations or clubs in the Community in which y n _ _ {j _ - C.~ u! t ~ ~,~ F~ ._ r '~ l'/' ~ 1 ~ ,~i y ~' ~'S ~•i l,f-C; LiC~ ~L ,f . 6) Why would you 1>7ce to serve on this Board or Comm~ssion? ~~~ 1~ ,r7f EGG Dc~ L~~ ~] ~..~ ~ /~ ,:t.' f?- -S i7 ]l: ~~r~t„~ / :/ r ADDITIONAL COMMENTS: ~~ ~ ~ ' " ~= !~ i have been or are an active participant: ~_ .% ' ~~ ; / i ~:c,' G /_ i~71~~?/~? u'~C'GG:' /tie-c'!c.? <~i /_` THE /NFORMAT/ON CONTAINED /N TH/S APPL/CA7 EXCEPT FOR HOME AND WORK T Return or mail this application to: City of Maplewood, 1830 s:~crr Mcx~BO~ar&commixxo~Rn~p~iwcion.ao~ SHALL BE CLASS/PIED AS PURL/C 'HONE NUMBERS. .y Rosd B East, Maplewood, MN 55109 asnwoa 3 CITY OF MAPLE OOD BOARDS AND COM ISSIONS APPLICANT INFORM ION FORM NAME - c{; ~ ~ ~ T ~ ~ ~~ ~~ ~ ~' ADDRESS ~~ ~( ~-~~ ~=' C°°: C•, ~ ' 'l.P C ,~ J PHONE NO. ~:- ~ ~~ Home: _ DATE ~ .~:~. ~ ' 1) How long have you lived in the City of Maplewood? ~~ ~E= ~e ~~: t-t- ~o~~ N C,~ ~, , C ' 2) Will other commitments make regular attendance at meetin s difficult? Yes No am Comments: ~~A-1 ~1'? !•~ ~ E~ IMF ~ ~ - ..._ ~ ~ ~ ~~ L' 4`.~ '~C~ i C 3) On which Board or Commission are interested in serving? (Tease check)~''~"~~ ~~ S ~ Nlv'~ `~~`~ Community Design Review Board ' Park & Recreation Commission Housing & Redevelopment Authority ^~_ Planning Commission Human Relations Commission K Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? \ P ~-'~ ~ ~, {-~~C ~.~ ~~~ i ~ two ti~~~ es9T~cL- (~t 3 ~ oC~?~~,A~~e=.~ r 5) List other organizations or clubs in the Community in which you have been or are an active participant: ~v~l~c'=~ fl~l~ ~^~=~ €~~-c-.(p ~-~-'t~c~ t~:t Ifs ~~= ICU l~" c= t~~, ~`1~A ~ ~~: c:c ~~ ~'~ ci,` c>c. N c~°1..~..c-~ 1 '= - ~~•~..ic~ Ci~~--; c= ~~~ ~•.'~-> `~~c-t..~--~ ~~5~~? s r~c~ ~c_ ~? i`~3~'~'1a ~~t?~.,ti ALLY=~~1~ ~ ~~ ~c~•~at~,i.- 1=~'-~c-~~ s 6) Why would you like to serve on this Board or Commission? ~?~' C-APSE' ~ ~l ~l F e.~ ~c ~ ,~ ~'L ~tv --hc~ L i W ~ ~'~'~ (Ot~~-'~~= ~'~ ~~c_',t-i'~E ~'C-R~'_~ t~'I~-~ ,~ t~'~ >-~-~~ (mac-cc ~c-~~~.=~~ w~ ~ V~ ADDITIONAL COMMENTS: .:.1- t~C=f_=~ 'fit': ~"' ~r°`,EC~ ~-~~~''-~-i~-ice:. 6 ~~-'~~'~,~~--~ (-t-t~~ ~~ V =~l ~- ~`P~~ ~ "~~ '~ ~~ •~- i F ~ 't-( L 1..._ ~ cam? 1 c ~ j~`_ .~ Iw C^ ~' N ~1~E~ ~~ ~~- 'lam i -{-f-~ ~.'~lt ~ ~i $X~SC= .tC`, ~-C-I.~C L'-f#~.C (~ `~ ~,. THE INFORMATION CONTAINED /N THIS APPLICA~70N SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TIELEPHONE NUMBERS. ~.~ Return or mail this application to: City of Maplewood, 1830 County Road B East, Maplewood, MN 5 0 n S:\CTY_MGR\BOARDS AND COMMISSIONS APPIICATION.doc " 3- _ ~ -\~ 4 rte' NAME ~ ADDRESS PHONE NO. -_ 1 } How long have you lived in the City of Maplewood? D_ G' )fi /~ ~ -~ ~ ~ /l cz. ~ '`f " k 2) Will other commitments make regular attendance at meetings d~cult? Yes No X ~ 1 ~ - Comments: ~ <~~r~ ~:~ y_ E- / /~--(~ ~, /G` c° /<ei~ c ~~-' ~~- ~Sc~ rh E- 1`-~/,/~ ~; c7 F') ! Gi L) S C ~ L' cJ L G~ G ? E /-' I 3) On which Board ar Commission are interested ux serving? (ple~.se check) Community Design Review Boazd Park & Recreation Commission Housing & Redevelopment Authority ~` Planning Commission Human Relations Commission~_ Polies Civil Service Commission ~_ Historical Preservation Commission 4) Do you have any specific areas of interest within this Board's. qr Commission's scope of responsibilities? ~~ca~ G~.7k: <7 ~~` ,~~ ~ cC,.% / c%G~S ~ G2 C~ - ~c-'t~'E '~c (~ ~c_ri.!i~? . h~s~>~-~~~~~.~ ~./~~~ys 5) List other organizations or clubs in the Community in which yqu have been or are an active participant: / /^ / a -7 r'G~' ~YJc~G'Z/ ~j ~! CZ.. t~_- S , CZ < 1-G~- G"~i ~ S !<z y~ ~ ~<<!~ - / ~` b) Why would you lice to serve on this Board or Commission? i~1~~ ~~~/~7~/~ S'~ ~~j ~ Lf~ / / ~~ z E' ~GC 'c,`G ~:K' GL. sz c:~ ~c/ ~~ ~ ~ // 1 ~~~ff:~ .r C: ~-~ - / ~QC~'S~ c~i'IC-~' ~/l c 7~ ~cS~ h~?c%C, ~'FS ~Cl F c~`_ is7 /~~~ ~~f-c,C'':' ~~. Cr ~ZC~ ~~JC' ~.c. ?~~ c' ~`-//s?~~~i,~~= - ~2 c da c/' ~- c; ~lllF ~ met ~ C '.114 c .~ c~'-f ' ~~~ ~,~E=Gc %c3c~~~ --~ ~~~x c.' ~-- ADDL~IONAL COMMENTS: ~L,, 7`s `~~' c ~ / , // ~ - J. / " G2/ CL_/ CL7 ~~ cC_ / G?Gt~~ /c'Z~z ~ ~ ,c y~ C~ ~ ~//? ~ j7~.~"Gc.C`'C C~ ~» ~ /~ ~`ZG~CC% ~ L'N~`~^G," ~ct~' I~G) f'6^ ?~ ~~i / THE /NFORMAT/ON CONTAINED /N THIS APPLICAT/pN SHALL BE CLASS/F/ED AS PUBLIC EXCEPT FOR HOME AKD WORK TEk,EPHONE Ni/MBERS. Return or mall this appiicatton to: City of Maplewood, 180 Clounty Road B East, Maplewood, MN 3:5109 S:~CiV MGR~BOARDSANDCOMMiSSSONSAPFLlCA770N.doc _ ( t1A1S't11 1~' ~: vv~ e v,-, ~ ~ r S l ; c:~ l vi c~ c~. c ~ti yi `~-~i~ C ~ Ic ~ ~~ v~ ~ ~ 5 ~ ~ ~ ~_ C ` Gc'f ' ~;-' T ~~ tom. C?fc~. ~ec~ ` \r` ~~ i `V` C ir- ~ Q ~~.t., ;~ ca~.'v'~ n'~a 4~ .5 L2%,~ 5~1 L``U ~ ~ 9~'t, ~ t ~~~~'~ '' ~t'4 Work: ~~~ r) ~-- Home: ~ DATE :~ ~ ~ -"~~' AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: July 26, 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: $ 220,883.67 Checks # 64317 thru # 64380 dated 07/13/04 $ 2,620,112.32 Disbursements via debits to checking account dated 07/02/04 thru 07/08/04 $ 513,993.50 Checks # 64381 thru # 64445 dated 7/16/04 thru 7/20/04 $ 158,675.72 $ 3,513,665.21 PAYROLL $ 547,586.01 $ 4,348.04 $ 551,934.05 Disbursements via debits to checking account dated 7/09/04 thru 7/15/04 Total Accounts Payable Payroll Checks and Direct Deposits dated 7/16/04 Payroll Deduction check # 98110 thru # 98113 dated 7/16/04 Total Payroll $ 4,065,599.26 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any question 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 07-09, 07-16 1 Check Register City of Maplewood vchlist 07/09/2004 11:32:06 AM Check Date Vendor Description/Account Amount 64317 7/13/2004 00504 1ST LINE/LEEWES VENTURES LLC MERCH FOR RESALE 450.00 64318 7/13/2004 00014 A T & T MANAGED INTERNET SRV -JUN 1,013.60 MANAGED INTERNET SRV - JUL 1,013.60 64319 7/13/2004 00049 ADT SECURITY SERVICES INSTALLATION CHARGE 646.46 64320 7/13/2004 01809 AGGREGATE INDUSTRIES CONCRETE 1,042.46 64321 7/13/2004 02510 ANIMALS OF WALTON'S HOLLOW PETTING ZOO 6/5 600.00 64322 7/13/2004 03148 ARC ST PAUL AREA CHAPTER BABYSITTER'S TRAINING & SUPPLIES 925.00 64323 7/13/2004 00157 BARR ENGINEERING CO MASTER PLAN FOR PRIORY PRESERVE 2,571.75 64324 7/13/2004 00174 BELDE, STAN REIMB MEALS & LODGING 6/27 - 6/29 176.26 64325 7/13/2004 00211 BRAUN INTERTEC CORP. PROJ 03-18 PROF SRVS THRU 6/11 2,605.55 PROJ 03-07 PROF SRVS THRU 6/11 78.90 64326 7/13/2004 03143 BRICKMAN GROUP LTD, THE PROJ 03-18 IRRIGATION SYS REPAIR 457.28 64327 7/13/2004 00347 CRYSTAL CAVES INC CAVE ADMISSIONS 435.75 64328 7/13/2004 03144 DAVID SAGER INC REMODEL CITY CLERK AREA 1,100.00 64329 7/13/2004 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW STOLEN VEHICLE 121.50 TOW VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE CYCLE 122.48 64330 7/13/2004 02743 DOBLAR, RICHARD REIMB FOR BOOKS & TUITION 4/7 - 6/17 619.88 64331 7/13/2004 00418 DOREE, KURT REIMB FOR LODGING 6/10 35.00 64332 7/13/2004 00419 DOWN ON THE FARM PETTING ZOO 6/19 265.00 64333 7/13/2004 00103 EARL F ANDERSON INC PLAYGROUND BASE & SWING PADS - AFTON 14,803.28 64334 7/13/2004 02934 FED EX FED EX ENVELOPE 16.11 64335 7/13/2004 03126 FIRE INSTRUCTION & RESCUE EDUC LIVEBURN I & II CLASS 6/26 700.00 64336 7/13/2004 01401 FIRST STUDENT INC BUS FEE TO CHUTES & LADDERS 6/16 282.00 BUS FEE TO CRYSTAL CAVES 6/23 282.30 64337 7/13/2004 00520 FLOR, TIMOTHY W REIMB FOR TUITION & BOOKS 2/24 - 4/27 651.53 64338 7/13/2004 00543 GE CAPITAL MONTHLY LEASE COPIER 7/13 - 8/12 293.94 64339 7/13/2004 00589 GRAF, DAVE KARATE INSTRUCTOR 6/8 - 6/29 198.25 64340 7/13/2004 00647 HARDWOOD CREEK LUMBER INC HUBS & LATH 229.19 64341 7/13/2004 00660 HENNEPIN TECHNICAL COLLEGE STATE FIRE SCHOOL TUITION 1,102.64 64342 7/13/2004 00668 HIEBERT, STEVEN REIMB FOR MEALS & FUEL 6/27 - 6/28 36.42 64343 7/13/2004 00721 INDEPENDENT SPORTS NETWORK SOFTBALL UMPIRING SRV 6/13 - 7/1 3,680.00 64344 7/13/2004 02931 JUKER, RICHARD J & FRANCES L PETER PIRSCH FIRE TRUCK - 2ND PYMT 7,000.00 64345 7/13/2004 02778 JUST JUMP INC LEASE SLIDES 6/5 905.25 64346 7/13/2004 02607 KINNICKINNIC NATIVES LLC RAINWATER GARDEN PLANTS 131.10 RAINWATER GARDEN PLANTS 295.40 64347 7/13/2004 00816 KREMER SPRING & ALIGNMENT INC REPAIR VEHICLE 2,434.75 64348 7/13/2004 00827 L M C I T WORK COMP 1ST INSTALLMENT 46,902.50 64349 7/13/2004 01599 LODMILL, SUZANNE DRAMA CLASS INSTRUCTOR 750.00 64350 7/13/2004 03127 LOVEGREEN MECH SRVS LLC REPAIR EXHAUST FAN 380.49 64351 7/13/2004 02336 M A TAYLOR INC FITNESS CONSULTANT - 2ND QTR 1,550.00 64352 7/13/2004 00908 M R P A STATE TOURNAMENT BERTH 130.00 64353 7/13/2004 00932 MAPLEWOOD BAKERY BIRTHDAY CAKES 71.75 BIRTHDAY CAKES 44.25 BIRTHDAY CAKES 30.50 64354 7/13/2004 02906 METRO LAND & SURVEYING & ENG PROJ 03-18 PROF SRVS THRU 6/20 455.00 64355 7/13/2004 01028 MN STATE TREASURER STAX MONTHLY SURTAX -JUN 5,711.63 64356 7/13/2004 02105 MN TRANSPORTATION ALLIANCE MEMBER DUES -JUN 625.00 64357 7/13/2004 03145 MULHOLLAND, NANCY REIMB KNEEPADS & MILEAGE 4/30 - 6/30 70.78 64358 7/13/2004 02836 MURRA, AARON REIMB VEH ALLOW & MILEAGE 5/24 - 6/28 41.83 64359 7/13/2004 03146 NAAB SALES CORPORATION REPLACEMENT PARTS 34.19 2 Check Date Vendor Description/Account Amount 64360 7/13/2004 01149 NATURAL RESOURCES RESTOR INC PRESCRIBED BURN -WAKEFIELD PARK 958.50 64361 7/13/2004 01174 NORTH ST PAUL-MAPLEWOOD- MEMBER DUES 175.00 64362 7/13/2004 01202 NYSTROM PUBLISHING CO INC CITY NEWSLETTER - JUL 2,320.00 64363 7/13/2004 00001 ONE TIME VENDOR REF -CASHIER CHECK ROOFING PROJ 4,013.75 64364 7/13/2004 00001 ONE TIME VENDOR REF LYNN MICKELSEN - LACROSS CLINIC 11.00 64365 7/13/2004 01254 PEPSI-COLA COMPANY MERCH FOR RESALE 668.55 64366 7/13/2004 01289 PRAIRIE RESTORATIONS INC HERBICIDE TREATMENT -TROUT BROOK 494.68 MOWING & HERBICIDE TREATMENT -PRAIRIE 1,274.89 64367 7/13/2004 01931 RAMSEY COUNTY FAIR FAIR TICKETS 200.00 64368 7/13/2004 03147 RECREONICS INC SAFETY EQUIP FOR MAHTOMEDI BCH 724.94 64369 7/13/2004 01360 REINHART FOODSERVICE MERCH FOR RESALE 286.58 64370 7/13/2004 02976 RICE, MIKE REIMB FOR SAFETY BOOTS 165.00 64371 7/13/2004 01463 SISTER ROSALIND GEFRE MASSAGES -JUN 2,033.00 64372 7/13/2004 01504 ST PAUL, CITY OF POLICE OFFICER TRAINING - 2 800.00 64373 7/13/2004 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 2,655.20 64374 7/13/2004 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS- 631.89 64375 7/13/2004 01615 THERMO-DYNE, INC. REPAIR EQUIPMENT 4,837.37 64376 7/13/2004 03142 UNITED ROOFING INC STATION 1 & 3 ROOF REPLACEMENT 41,625.00 FIRE STATION 1 ROOF REPAIR 2,826.66 STATION 1 & 3 ROOF REPLACEMENT 41,150.00 FIRE STATION 3 ROOF REPAIR 3,087.56 64377 7/13/2004 00063 VERIZON WIRELESS CELL PHONE DISCONNECT 4.35 64378 7/13/2004 02508 VISUAL SOLUTIONS GIS GIS TECH 125.00 64379 7/13/2004 01734 WALSH, WILLIAM P. COMM PLUMBING INSPECTION 113.51 COMM PLUMBING INSPECTION 897.51 64380 7/13/2004 01789 WOODBURY, CITY OF 2004 SPRING EMT CLASS 4,140.00 64 Checks in this report Total checks : 220,883.67 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 07/01 /04 07/02/04 07/01 /04 07/02/04 07/02/04 07/02/04 07/06/04 07/06/04 07/02/04 07/02/04 07/07/04 07/02/04 07/08/04 07/02/04 07/02/04 07/02/04 07/02/04 07/06/04 07/06/04 07/06/04 07/07/04 07/07/04 07/07/04 07/08/04 07/08/04 07/08/04 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources Orchard Trust MN State Treasurer U.S. Treasurer Dain Rauscher MN State Treasurer P.E.R.A. MN State Treasurer MN State Treasurer Federal Reserve Bank Dain Rauscher TOTAL Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Deferred Compensation Drivers License/Deputy Registrar Federal Payroll Tax Investment Purchase Drivers License/Deputy Registrar P.E.R.A. State Payroll Tax Drivers License/Deputy Registrar Savings Bonds Investment Purchase Omni int 15,160.15 8,066.59 921.00 21,803.78 21,189.99 92,070.32 1,499,312.08 23,224.1 1 48,100.85 17,355.06 23,475.75 200.00 849,232.64 L,6LU,"I "I L.~L 4 Check Register City of Maplewood vchlist 07/16/2004 11:54:56 AM Check Date Vendor Description/Account Amount 64381 7/20/2004 03149 A J GALLAGHER & CO OF MN INC 2004-OS AGENT FEE 8,500.00 64382 7/20/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 6/26-7/9 1,194.98 64383 7/20/2004 03154 ARNDT, SCOTT REF GRADING ESC - 1509 HALLER CTS 1,541.58 64384 7/20/2004 00135 ASSN OF TRNG OFFICERS OF MN FORCE INSTRUCTOR TRNG 850.00 64385 7/20/2004 03153 BLUE RHINO STUDIO NATURE CENTER EXHIBIT RENOVATION 15,000.00 NATURE CENTER EXHIBIT RENOVATION 15,000.00 64386 7/20/2004 00221 BROCK WHITE COMPANY, LLC. CRACK SEALANT - ROADSAVER #535 2,463.24 64387 7/20/2004 03150 CANVAS WORLD INC MANHOLE DEBRIS COLLECTOR 239.63 64388 7/20/2004 03159 EMERALD TOWNHOMES PROJ 02-07 TEMP EASEMENT 825.00 64389 7/20/2004 00463 EMERGENCY APPARATUS MAINT WELDON STEP LIGHT 42.29 64390 7/20/2004 03118 EVANS ENTERPRISES, INC. REF GRADING ESC - 810 ELDRIDGE AVE 1,026.16 64391 7/20/2004 03097 FIRST LANDMARK BUILDERS, INC. REF GRADING ESC - 1758 CO RD B E 1,000.00 64392 7/20/2004 01401 FIRST STUDENT INC BUS FEE TO FLAHERTY'S BOWL 6/9 238.20 BUS FEE TO LAKE ELMO PARK 6/30 304.35 64393 7/20/2004 00526 FOREST LAKE CONTRACTING INC PROJ 03-04 KENNARD ST PYMT #6 71,114.13 64394 7/20/2004 00531 FRA-DOR BLACK DIRT & RECYCLE BLACK DIRT 303.52 64395 7/16/2004 03070 GEBHARD, DANIEL CLIFFORD PROJ 03-26 EARLY TERMINATION LEASE 25,000.00 64396 7/20/2004 00585 GOPHER STATE ONE-CALL BILLABLE TICKETS -JUN 718.75 64397 7/20/2004 02547 HARTLAND FUEL PRODUCTS LLC INC 7004 GALS UNL MID-GRADE (89 OCT) GAS 10,505.99 64398 7/20/2004 03160 HEALTHEAST PROJ 03-04 TEMP & PERM EASEMENT 193,183.00 64399 7/20/2004 02945 HEALTHEAST VEHICLE SERVICES NEW BUILD ON SUBURBAN 2,723.15 NEW BUILD SQUAD 955 2,863.23 REPLACE LAPTOP 220.00 64400 7/20/2004 03155 HIBBARD, JOSEPH H SWIMMING POOL INSTRUCTORS 480.00 64401 7/20/2004 00687 HUGO'S TREE CARE PROJ 03-18 TREEWORK 9,192.50 64402 7/20/2004 00771 JOHNSON, RICK DEER PICKUP 200.00 64403 7/20/2004 00789 KATH FUEL OIL SERVICE CO 7000 GALS #2 DIESEL RED DYED FUEL 8,012.50 64404 7/20/2004 01894 KELLY & FAWCETT PA LEGAL SERVICES -JUN 19,251.90 PROSECUTION SRVS -JUN 9,825.00 64405 7/20/2004 02996 LAND OF LAKES PROPERTIES LLC REF GRADING ESC - 1259 GERVAIS AVE 2,074.11 64406 7/20/2004 01599 LODMILL, SUZANNE DRAMA CAMP INSTRUCTION -JUN 1,900.00 64407 7/20/2004 02823 MARTIN, JERROLD REIMB FOR MEAL & PARKING 7/7 16.00 64408 7/20/2004 03141 MAXWELL HOMES REF GRADING ESC - 2621 WHITE OAK CIR 2,585.89 64409 7/20/2004 03006 MCLAUGHLIN, RICHARD J CONSULTING SERVICES 1,230.00 64410 7/20/2004 00982 METRO FIRE INC PARTS FOR MEDIC VEHICLE 4 12.43 64411 7/20/2004 00986 METROPOLITAN COUNCIL MONTHLY SAC -JUN 22,927.05 64412 7/20/2004 02836 MURRA, AARON REIMB VEH ALL & MILEAGE 6/29 TO 7/8 74.46 64413 7/20/2004 01156 NELSON, JEAN REIMB FOR MILEAGE 5/1 TO 6/30 69.83 64414 7/20/2004 01184 NORTHERN DOOR CO REPAIR DOOR 98.75 64415 7/20/2004 02893 OLSON, MARY EXHIBIT CONSULTANT 4,470.00 64416 7/20/2004 00001 ONE TIME VENDOR REF YURUB HASSEN - AMB 01006459A 399.30 64417 7/20/2004 00001 ONE TIME VENDOR REF KERI FREUND -DAY CAMP 70.00 64418 7/20/2004 00001 ONE TIME VENDOR REF TRACIE OSVOLD -SWIM LESSONS 49.00 64419 7/20/2004 00001 ONE TIME VENDOR REF PATRICIA CUMMINGS -SWIM 36.00 64420 7/20/2004 00001 ONE TIME VENDOR REF KERRY KROPF -MCC PROG 30.00 64421 7/20/2004 00001 ONE TIME VENDOR REF BLIA VANG -MCC PROG 30.00 64422 7/20/2004 00001 ONE TIME VENDOR REF PAT BENSHOOF - P&R PROGRAM 10.00 64423 7/20/2004 00001 ONE TIME VENDOR REF KIM SHAWBOLD - P&R PROGRAM 5.00 64424 7/20/2004 03156 PERRAULT CONSTRUCTION INC REF GRADING ESC - 1303 BURKE CIR E 1,051.37 64425 7/20/2004 03151 PETTY CASH REPLENISH PETTY CASH 127.91 64426 7/20/2004 03152 PRINS, KELLY REIMB FOR SUPPLIES 7/8 35.07 64427 7/20/2004 03107 PROCRAFT FIRE STATION EXTERIOR PAINTING 11,250.00 64428 7/20/2004 01331 RABBETT, KEVIN REIMB FOR MEALS & PARADE CANDY 38.79 64429 7/20/2004 01337 RAMSEY COUNTY-PROP REC & REV MISC PLANTS 690.12 NATIVE LANDSCAPING CLASS PLANTS 1,183.02 64430 7/20/2004 01359 REGAL AUTO WASH DETAIL XX CAR WASHES -JUN 260.79 64431 7/20/2004 01340 REGIONS HOSPITAL ACLS REGISTRATION 200.00 5 Check Date Vendor 64432 7/20/2004 02001 ROSEVILLE, CITY OF 64433 7/20/2004 02515 ST CROIX LESSON CENTER 64434 7/20/2004 01504 ST PAUL, CITY OF 64435 7/20/2004 01546 SUBURBAN SPORTSWEAR LLC 64436 7/20/2004 01574 T.A. SCHIFSKY & SONS, INC 64437 7/20/2004 03086 TAHO SPORTSWEAR 64438 7/20/2004 03048 TODD ALLEN HOMES 64439 7/20/2004 03157 ULMER, GEORGIA 64440 7/20/2004 03158 URBANSKI, JASON M 64441 7/20/2004 01709 VASKO RUBBISH REMOVAL 64442 7/20/2004 01734 WALSH, WILLIAM P. 64443 7/20/2004 01750 WATSON CO INC, THE 64444 7/20/2004 02243 WINDSOR COMPANIES INC 64445 7/20/2004 01190 XCEL ENERGY 65 Checks in this report Description/Account Amount JOINT POWERS AGREEMENT MIS - JUL 625.00 HORSE LESSONS 1,140.00 RADIO SRV & MAINT -JUN 264.14 MEDICAL SUPPLIES 251.72 CAMP SHIRTS 836.25 VARIOUS BITUMINOUS- 1,186.30 T-SHIRTS 22.66 REF GRADING ESC - 2710 RED SPLENDER 2,613.97 REF GRADING ESC - 2689 PINKSPIRE LN 1,052.47 REF GRADING ESC - 1088 LAKEWOOD DR 1,044.38 ROLL-OFF DUMPSTERS (40 YARDS) FOR HOUSE 10,959.00 COMM PLUMBING INSP 220.00 MERCH FOR RESALE -CREDIT -202.59 MERCH FOR RESALE 284.80 IRRIGATION START-UP 47.93 MONTHLY UTIL -STMT DATE 7/6/04 40,903.48 Total checks : 513,993.50 6 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 07/08/04 07/09/04 MN State Treasurer Drivers License/Deputy Registrar 18,281.83 07/07/04 07/09/04 ARC Administration DCRP & Flex plan payments 762.22 07/09/04 07/12/04 MN State Treasurer Drivers License/Deputy Registrar 24,827.68 07/09/04 07/12/04 MN Dept of Natural Resources DNR electronic licenses 1,637.00 07/12/04 07/13/04 MN State Treasurer Drivers License/Deputy Registrar 23,325.94 07/13/04 07/14/04 MN State Treasurer Drivers License/Deputy Registrar 20,107.61 07/14/04 07/15/04 MN State Treasurer Drivers License/Deputy Registrar 15,699.80 07/08/04 07/15/04 MN Dept of Revenue MN Care Tax 3,972.00 07/09/04 07/15/04 Elan Financial Services* Purchasing card items 50,061.64 TOTAL *Detailed listings of Elan purchasing card items are attached. lStS,l~/5./L 7 Transaction Review For Transactions posted between 06/26/2004 to 07/09/2004 Post Date Vendor Name 07/09/2004 06/28/2004 07/02/2004 07/07/2004 07/08/2004 07/09/2004 06/28/2004 07/01/2004 07/01/2004 07/01/2004 07/05/2004 07/05/2004 06/28/2004 06/28/2004 06/28/2004 07/01/2004 07/01/2004 07/02/2004 07/08/2004 07/08/2004 07/08/2004 07/09/2004 07/09/2004 07/09/2004 07/09/2004 07/09/2004 06/29/2004 07/02/2004 06/28/2004 06/29/2004 06/30/2004 06/29/2004 07/05/2004 06/29/2004 06/29/2004 07/01/2004 07/02/2004 07/05/2004 07/08/2004 07/05/2004 06/28/2004 07/02/2004 06/30/2004 07/05/2004 07/01/2004 07/08/2004 06/28/2004 06/28/2004 07/08/2004 06/28/2004 06/29/2004 06/29/2004 VERIZON WRLS I2KW RE3 KMART 00071068 CREATIVE KIDSTUFF #4 SNYDER DRUG #5073 CUB FOODS, INC. TWIN CITIES NOVELTIES LAMETTRY'S COLLISION MATRX MEDICAL MATRX MEDICAL GRAFIX SHOPPE MN PHOTO AIRGAS NORTH CENTRAL 154 STATE SUPPLY CO. INC MUSKA LIGHTING CENTER MUSKA LIGHTING CENTER HENRIKSEN ACE HARDWARE HENRIKSEN ACE HARDWARE ITIN SCALE CO STATE SUPPLY CO. INC HARMON GLASS & GLAZING MNTNCE ENGINEERING HENRIKSEN ACE HARDWARE THE HOME DEPOT 2801 STATE SUPPLY CO. INC STATE SUPPLY CO. INC KOALA CORPORATION INFINITY WIRELESS INC UNIFORMS UNLIMITED INC INTL ASSC OF FIRE CHIE INTL ASSOC OF FIRE CHIEFS NWA AIR 0122104468437 TARGET 00012443 BALDWIN SUPPLY CO MENARDS 3059 MENARDS 3059 1 888 MAGNETS COM MINNESOTA SCTY ASC EXC TIGER OAKS PUBLICATION AMC SALES INC NEXTEL WIRELESS SVCS TIME WARNER CABLE GE CAPITAL SCIENCE MUSEUM MN RAMP SCIENCE MUSEUM-ACCOUNTING SUN TURF METRO POWER BREEZY POINT RESORT/RES-C THE HOME DEPOT 2801 TARGET 00011858 THE HOME DEPOT 2801 AMERICAN IRRIGATION AMERICAN IRRIGATION AMERICAN IRRIGATION Settlement Amt Cardholder Name 7/12/2004 72.28 R CHARLES AHL 21.67 MANDY ANZALDI 32.54 MANDY ANZALDI 1.91 MANDY ANZALDI 15.73 MANDY ANZALDI 281.83 MANDY ANZALDI 55.80 JOHN BANICK 174.00 JOHN BANICK 75.20 JOHN BANICK 585.75 JOHN BANICK 399.27 JOHN BANICK 770.99 JOHN BANICK 219.55 JIM BEHAN 514.54 JIM BEHAN 98.35 JIM BEHAN 7.42 JIM BEHAN 11.87 JIM BEHAN 559.10 JIM BEHAN 135.91 JIM BEHAN 804.00 JIM BEHAN 282.47 JIM BEHAN 8.24 JIM BEHAN 16.97 JIM BEHAN 61.19 JIM BEHAN 72.63 JIM BEHAN 203.00 JIM BEHAN 130.20 JOSEPH BERGERON 139.43 BRIAN BIERDEMAN 170.00 RON BOURQUIN 395.00 RON BOURQUIN 272.20 RON BOURQUIN -53.24 ROGER BREHEIM 182.42 ROGER BREHEIM 31.93 TROY BRINK 19.16 TROY BRINK 568.00 HEIDI CAREY 300.00 HEIDI CAREY 150.00 HEIDI CAREY 180.00 HEIDI CAREY 774.87 CHRISTOPHER CAVETT 109.79 LINDA CROSSON 149.10 LINDA CROSSON 10.00 ROBERTA DARST 318.00 ROBERTA DARST 67.17 THOMAS DEBILZAN 480.00 ROBERT J DOLLERSCHELL 18.06 JOHN DUCHARME 10.53 JOHN DUCHARME 25.06 DOUG EDGE 72.25 DAVE EDSON 0.34 DAVE EDSON 3.15 DAVE EDSON 8 Post Date Vendor Name 07/02/2004 06/30/2004 06/28/2004 06/28/2004 06/30/2004 07/07/2004 07/09/2004 06/28/2004 07/05/2004 06/30/2004 07/02/2004 07/07/2004 07/01/2004 06/28/2004 06/30/2004 07/02/2004 07/05/2004 06/28/2004 07/05/2004 07/05/2004 07/08/2004 07/05/2004 07/07/2004 07/07/2004 07/01/2004 07/02/2004 07/07/2004 07/07/2004 07/05/2004 07/06/2004 06/28/2004 07/02/2004 07/08/2004 07/01/2004 07/09/2004 06/28/2004 06/28/2004 06/29/2004 06/29/2004 06/29/2004 06/30/2004 07/02/2004 06/29/2004 06/29/2004 07/01/2004 07/01/2004 06/29/2004 07/07/2004 07/08/2004 06/28/2004 07/02/2004 06/28/2004 06/30/2004 06/30/2004 07/05/2004 07/05/2004 MILLS FLEET FARM #27 MN PHOTO RED LOBSTER US00002832 OFFICE MAX 00002204 BEST BUY 00000109 BEST BUY 00000109 COMPUSA #220 M/O THE HOME DEPOT 2801 SPRINTPCS AUTOPYMT RC1 CINDERS GREENHOUSE INC THE HOME DEPOT 2801 MENARDS 3129 KNOWLAN'S SPRMKT.#2 TARGET 00011858 MN PHOTO BATTERIES PLUS KINKO'S #0617 XPEDX S & T OFFICE PRODUCTS RAINBOW FOODS 1-886 SPARTAN PROMOTIONAL GRP MENARDS 3059 MENARDS 3059 THE HOME DEPOT 2801 DYMO CORPORATION XPEDX KOHL'S #0052 TARGET 00011858 UNIFORMS UNLIMITED INC KOHL'S #0408 MOGREN BROTHERS MOGREN BROTHERS LTG POWER EQUIPMENT T J T-SHIRTS HENRIKSEN ACE HARDWARE OFFICE MAX 00000257 OFFICE MAX 00002204 ADT SECURITY SERVICES ADT SECURITY SERVICES CABLING SERVICES CORPORAT UNEQ INC ADT SECURITY SERVICES LANDSCAPE ALTERNATIVES IN MENARDS 3059 DEGE GARDEN CENTER HOTEL CHEQUAMEGON JACK NADEL INC CUB FOODS-SUN RAY MICHAELS #9401 UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC SCIENCE MUSEUM MN RAMP PAT MCGOVERNS PUB VERIZON WRLS I2KW RE3 SCIENCE MUSEUM-ACCOUNTING Settlement Amt Cardholder Name 187.75 DAVE EDSON 84.77 PAUL E EVERSON 21.21 DAVID FISHER 46.43 MYCHAL FOWLDS 42.59 MYCHAL FOWLDS 298.16 MYCHAL FOWLDS 70.80 MYCHAL FOWLDS 38.28 RONALD FREBERG 115.04 RICHARD FURSMAN 55.88 VIRGINIA GAYNOR 122.53 VIRGINIA GAYNOR 34.99 VIRGINIA GAYNOR 11.18 CAROLE GERNES 10.64 CLARENCE GERVAIS 25.27 CLARENCE GERVAIS 106.49 CLARENCE GERVAIS 79.88 CLARENCE GERVAIS 234.87 JEAN GLASS 42.95 JEAN GLASS 115.29 MIKE GRAF 286.49 MIKE GRAF 85.49 MARK HAAG 3.90 MARK HAAG 14.88 JODI HALWEG 430.70 LORI HANSEN 856.60 LORI HANSEN 79.98 STEPHEN HEINZ 53.24 MICHAEL HEMQUIST 62.95 STEVEN HIEBERT 27.00 STEVEN HIEBERT 57.51 GARY HINNENKAMP 29.55 GARY HINNENKAMP 129.51 GARY HINNENKAMP 272.00 RON HORWATH 4.12 RON HORWATH 101.40 STEVE HURLEY 24.48 STEVE HURLEY 548.40 STEVE HURLEY 1,560.00 STEVE HURLEY 640.80 STEVE HURLEY 367.80 STEVE HURLEY 155.57 STEVE HURLEY 95.30 ANN E HUTCHINSON 11.97 ANN E HUTCHINSON 60.68 ANN E HUTCHINSON 124.00 KEVIN JOHNSON 101.43 FLINT KARIS 5.37 HEATHER KOS 28.07 HEATHER KOS 64.50 BRETT KROLL 41.50 BRETT KROLL 238.25 DAVID KVAM 10.00 SHERYL L LE 21.46 SHERYL L LE 49.58 SHERYL L LE 318.00 SHERYL L LE 9 Post Date Vendor Name 06/28/2004 06/28/2004 06/28/2004 07/01/2004 07/02/2004 07/05/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/05/2004 07/01/2004 06/28/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/02/2004 07/06/2004 07/06/2004 07/08/2004 07/08/2004 07/08/2004 07/08/2004 07/08/2004 07/08/2004 07/09/2004 06/28/2004 06/28/2004 06/28/2004 06/28/2004 06/29/2004 07/08/2004 07/09/2004 07/09/2004 07/09/2004 07/09/2004 07/05/2004 07/05/2004 07/05/2004 07/07/2004 07/05/2004 06/30/2004 06/28/2004 06/28/2004 07/07/2004 07/08/2004 07/08/2004 DALCO ENTERPRISES, INC HIRSHFIELD'S MAPLEWOOD MENARDS 3022 MENARDS 3022 UNIFORMS UNLIMITED INC CHAMPS #14110 CLAREY'S SAFETY EQUIPM EMERGENCY APPARATUS MAINT EMERGENCY APPARATUS MAINT EMERGENCY APPARATUS MAINT EMERGENCY APPARATUS MAINT AJ FORLITI PHOTOGRAPHY MIKES LP GAS INC ON SITE SANITATION, IN TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 HUGOS TREE CARE HUGOS TREE CARE HENRIKSEN ACE HARDWARE TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 TRUGREEN CHEMLAWN 0000 ON SITE SANITATION, IN ON SITE SANITATION, IN INTL ASSC OF FIRE CHIE RAINBOW FOODS 1-885 HOLIDAY STATIONSTORE SUBWAY INTL ASSOC OF FIRE CHIEFS KATH AUTO PARTS YOCUM OIL COMPANY YOCUM OIL COMPANY YOCUM OIL COMPANY KATH AUTO PARTS LESCO INC RYCO SUPPLY COMPANY ABLE HOSE & RUBBER, INC QWEST COMMUNICATION EMERGENCY MEDICAL PROD THE HOME DEPOT 2801 PEAVEY CORPORATION CDW GOVERNMENT INC NARDINI FIRE EQUIPMENT CO THENERDS.NET RITE 2 U INC Settlement Amt Cardholder Name 43.13 MICHAEL LIDBERG 21.29 DENNIS LINDORFF 10.44 DENNIS LINDORFF 27.50 DENNIS LINDORFF 21.94 JOHNNIE LU 49.99 JOHNNIE LU 131.20 STEVE LUKIN 492.63 STEVE LUKIN 995.23 STEVE LUKIN 1,222.40 STEVE LUKIN 1,847.81 STEVE LUKIN 21.23 STEVE LUKIN 110.71 DAVID LUTZ 30.33 MARK MARUSKA 628.35 MARK MARUSKA 1,610.28 MARK MARUSKA 1,046.90 MARK MARUSKA 104.37 MARK MARUSKA 268.38 MARK MARUSKA 272.64 MARK MARUSKA 144.84 MARK MARUSKA 412.16 MARK MARUSKA 138.45 MARK MARUSKA 930.81 MARK MARUSKA 142.71 MARK MARUSKA 225.78 MARK MARUSKA 1,331.25 MARK MARUSKA -1,331.25 MARK MARUSKA 210.23 MARK MARUSKA 398.31 MARK MARUSKA 837.09 MARK MARUSKA 1,674.18 MARK MARUSKA 697.58 MARK MARUSKA 1,594.94 MARK MARUSKA 1,373.85 MARK MARUSKA 170.00 JON A MELANDER 23.07 JON A MELANDER 27.53 JON A MELANDER 58.52 JON A MELANDER 825.00 JON A MELANDER 48.03 BRYAN NAGEL 136.24 BRYAN NAGEL 155.05 BRYAN NAGEL 156.66 BRYAN NAGEL 35.26 BRYAN NAGEL 134.94 JOHN NAUGHTON 26.73 JEAN NELSON 96.17 RICHARD NORDQUIST 629.00 MARSHA PACOLT 177.77 KURT PARSONS 439.44 ROBERT PETERSON 81.25 PHILIP F POWELL 49.72 PHILIP F POWELL 220.00 PHILIP F POWELL 40.22 PHILIP F POWELL 36.34 PHILIP F POWELL 10 Post Date Vendor Name Settlement Amt Cardholder Name 07/09/2004 LASTAR.COM INC #1 38.27 PHILIP F POWELL 07/09/2004 TARGET 00006940 42.58 PHILIP F POWELL 06/28/2004 AMERICAN FASTENER00 OF 00 10.91 STEVEN PRIEM 06/28/2004 BOYER TRUCKS-PARTS 16.08 STEVEN PRIEM 06/28/2004 TOUSLEY FORD I27200039 76.34 STEVEN PRIEM 06/28/2004 THANE HAWKINS 00430017 24.71 STEVEN PRIEM 06/28/2004 KATH AUTO PARTS 54.74 STEVEN PRIEM 06/28/2004 KATH AUTO PARTS 314.22 STEVEN PRIEM 06/28/2004 ZEP MANUFACTURING 65.04 STEVEN PRIEM 06/29/2004 BAUER BULT TRE33200023 319.50 STEVEN PRIEM 06/29/2004 CONTINENTAL RESEARCH 198.16 STEVEN PRIEM 06/30/2004 SUNRAY BTB 11.03 STEVEN PRIEM 07/02/2004 AMERICAN FASTENER00 OF 00 17.02 STEVEN PRIEM 07/02/2004 AUTO GLASS SPECIALISTS-MN 157.28 STEVEN PRIEM 07/05/2004 AUTO GLASS SPECIALISTS-MN -157.28 STEVEN PRIEM 07/05/2004 BAUER BULT TRE33200023 23.66 STEVEN PRIEM 07/06/2004 FACTORY MOTOR PARTS 59.50 STEVEN PRIEM 07/08/2004 WALLY MC CARTHY'S PONT 18.64 STEVEN PRIEM 07/09/2004 SUNRAY BTB 40.52 STEVEN PRIEM 06/28/2004 SPARTAN PROMOTIONAL GRP 559.17 KEVIN RABBETT 07/01/2004 DALCO ENTERPRISES, INC 43.62 MICHAEL REILLY 07/09/2004 DALCO ENTERPRISES, INC 36.59 MICHAEL REILLY 06/28/2004 RAINBOW FOODS 1-886 41.62 AUDRA ROBBINS 06/28/2004 MICHAELS #2744 22.89 AUDRA ROBBINS 06/30/2004 MAPLEWOOD COMMUNITY CNTR 24.36 AUDRA ROBBINS 06/30/2004 MAPLEWOOD COMMUNITY CNTR 2.25 AUDRA ROBBINS 07/01/2004 RAINBOW FOODS 1-886 32.83 AUDRA ROBBINS 07/01/2004 WALGREEN 00031229 22.45 AUDRA ROBBINS 07/02/2004 CUB FOODS, INC. 20.83 AUDRA ROBBINS 07/05/2004 CARLTON CARDS #0379 5.30 AUDRA ROBBINS 07/05/2004 SAM GOODY 03909496 7.44 AUDRA ROBBINS 07/06/2004 RAINBOW FOODS 1-886 17.56 AUDRA ROBBINS 07/08/2004 SUPERAMERICA 4520 19.74 AUDRA ROBBINS 07/09/2004 RAINBOW FOODS 1-882 29.05 AUDRA ROBBINS 07/02/2004 HIRSHFIELD'S MAPLEWOOD 78.74 JAMES SCHINDELDECKER 07/09/2004 HIRSHFIELD'S MAPLEWOOD 102.19 JAMES SCHINDELDECKER 07/01/2004 CURTIS 1000 45.88 DEB SCHMIDT 07/01/2004 CURTIS 1000 45.88 DEB SCHMIDT 07/05/2004 ARAMARK REF SVS #6013- 209.00 RUSSELL L SCHMIDT 07/09/2004 WRISTBANDS MEDTECH USA IN 1,368.06 RUSSELL L SCHMIDT 07/01/2004 T-MOBILE 45.99 SCOTT SCHULTZ 07/02/2004 T-MOBILE 31.40 ANDREA SINDT 07/02/2004 NEXTEL WIRELESS SVCS 463.60 ANDREA SINDT 06/28/2004 RICHARDS MARKET INC 237.80 RONALD SVENDSEN 07/02/2004 MENARDS 3059 1.58 RONALD SVENDSEN 06/28/2004 CUB FOODS, INC. 160.43 RUSTIN SVENDSEN 06/28/2004 CRAWFORD DOOR SALES COMPA 325.00 RUSTIN SVENDSEN 06/30/2004 NWA AIR 0122104472409 272.20 RUSTIN SVENDSEN 07/02/2004 JEFFERSON FIRE & SAFETY I 156.00 RUSTIN SVENDSEN 07/05/2004 ASPEN MILLS 8005717343 1,133.94 RUSTIN SVENDSEN 06/28/2004 CRAMER BLDG SERVICES INC 197.00 LYLE SWANSON 06/28/2004 MINVALCO INC 85.44 LYLE SWANSON 07/01/2004 DALCO ENTERPRISES, INC 638.72 LYLE SWANSON 07/01/2004 T-MOBILE 104.62 DOUGLAS J TAUBMAN 07/02/2004 THE STAR TRIBUNE-CIRCULAT 55.90 JUDY TETZLAFF 07/02/2004 QWESTCOMM TN651 60.43 JUDY TETZLAFF 11 Post Date Vendor Name 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 07/09/2004 QWESTCOMM TN612 06/28/2004 THE HOME DEPOT 2801 07/05/2004 UNIFORMS UNLIMITED INC 06/28/2004 CUB FOODS, INC. 06/28/2004 CINDERS GREENHOUSE INC 07/09/2004 UNIFORMS UNLIMITED INC 06/28/2004 PIONEER PRESS SUBSCRIPTI 07/01/2004 VIKING OFFICE PRODUCTS Settlement Amt Cardholder Name 57.51 JUDY TETZLAFF 57.51 JUDY TETZLAFF 57.51 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 115.02 JUDY TETZLAFF 138.45 JUDY TETZLAFF 237.24 JUDY TETZLAFF 368.52 JUDY TETZLAFF 22.23 TODD TEVLIN 44.95 PAUL THIENES 18.96 JOSEPH WATERS 74.79 JOSEPH WATERS 141.93 JAY WENZEL 8.30 SUSAN ZWIEO 319.49 SUSAN ZWIEO 50,061.64 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/16/04 CARDINAL, ROBERT 406.78 dd 07/16/04 JUENEMANN, KATHLEEN 358.00 dd 07/16/04 KOPPEN, MARVIN 358.00 dd 07/16/04 MONAHAN-JUNEK, JACQUELINE 358.00 dd 07/16/04 ROSSBACH, WILLIAM 358.00 dd 07/16/04 COLEMAN, MELINDA 3,792.88 dd 07/16/04 DARST, ROBERTA 1,499.68 dd 07/16/04 FURSMAN, RICHARD 4,629.25 dd 07/16/04 SWANSON, LYLE 1,614.49 dd 07/16/04 LE, SHERYL 3,699.76 dd 07/16/04 RAMEAUX, THERESE 2,197.62 dd 07/16/04 FAUST, DANIEL 3,857.97 dd 07/16/04 SCHMIDT, DEBORAH 1,348.44 dd 07/16/04 ANDERSON, CAROLE 377.87 dd 07/16/04 BAUMAN, GAYLE 3,072.70 dd 07/16/04 JACKSON, MARY 1,766.84 dd 07/16/04 KELSEY, CONNIE 951.73 dd 07/16/04 TETZLAFF, JUDY 1,766.84 dd 07/16/04 ERHARDT, DANIELLE 286.00 dd 07/16/04 FRY, PATRICIA 1,639.64 dd 07/16/04 GUILFOILE, KAREN 2,701.07 dd 07/16/04 OSTER, ANDREA 1,713.07 dd 07/16/04 CARLE, JEANETTE 1,670.76 dd 07/16/04 FIGG, SHERRIE 1,094.51 dd 07/16/04 JAGOE, CAROL 1,613.10 dd 07/16/04 JOHNSON, BONNIE 1,069.36 dd 07/16/04 OLSON, SANDRA 914.52 dd 07/16/04 SCHACHT, BARBARA 1,009.61 dd 07/16/04 WEAVER, KRISTINE 1,670.04 dd 07/16/04 BANICK, JOHN 3,445.97 dd 07/16/04 CORCORAN, THERESA 1,680.68 dd 07/16/04 POWELL, PHILIP 2,156.41 dd 07/16/04 SPANGLER, EDNA 423.50 dd 07/16/04 THOMALLA, DAVID 3,817.59 dd 07/16/04 ABEL, GLINT 2,065.95 dd 07/16/04 ALDRIDGE, MARK 3,162.71 dd 07/16/04 ANDREWS, SCOTT 3,361.58 dd 07/16/04 BAKKE, LONN 2,357.52 dd 07/16/04 BELDE, STANLEY 2,660.63 dd 07/16/04 BIERDEMAN, BRIAN 1,911.42 dd 07/16/04 BOHL, JOHN 2,584.24 dd 07/16/04 BUSACK, DANIEL 1,727.87 dd 07/16/04 COFFEY, KEVIN 1,965.05 dd 07/16/04 GROTTY, KERRY 2,348.53 dd 07/16/04 DOBLAR, RICHARD 2,902.68 dd 07/16/04 GABRIEL, ANTHONY 1,552.39 dd 07/16/04 HEINZ, STEPHEN 2,635.75 dd 07/16/04 HIEBERT, STEVEN 2,789.45 dd 07/16/04 JOHNSON, KEVIN 2,951.07 dd 07/16/04 KARIS, FLINT 2,828.47 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/16/04 KONG, TOMMY 2,326.74 dd 07/16/04 KROLL, BRETT 2,350.65 dd 07/16/04 KVAM, DAVID 3,063.63 dd 07/16/04 CARSON, DANIEL 2,465.30 dd 07/16/04 LU, JOHNNIE 2,859.30 dd 07/16/04 MARINO, JASON 2,032.50 dd 07/16/04 MARTIN, JERROLD 2,222.49 dd 07/16/04 MCCARTY, GLEN 1,767.81 dd 07/16/04 METRY, ALESIA 2,041.59 dd 07/16/04 OLSON, JULIE 2,340.47 dd 07/16/04 PIKE, GARY 209.01 dd 07/16/04 RABBETT, KEVIN 3,124.61 dd 07/16/04 STEFFEN, SCOTT 3,151.41 dd 07/16/04 SZCZEPANSKI, THOMAS 2,305.56 dd 07/16/04 THIENES, PAUL 3,458.00 dd 07/16/04 TRAN, JOSEPH 2,396.10 dd 07/16/04 WENZEL, JAY 2,652.54 dd 07/16/04 XIONG, KAO 1,965.96 dd 07/16/04 BARTZ, PAUL 2,674.20 dd 07/16/04 BERGERON, JOSEPH 3,256.49 dd 07/16/04 DUGAS, MICHAEL 2,168.62 dd 07/16/04 DUNN, ALICE 2,525.48 dd 07/16/04 ERICKSON, VIRGINIA 2,511.33 dd 07/16/04 EVERSON, PAUL 2,961.77 dd 07/16/04 FLOR, TIMOTHY 3,148.99 dd 07/16/04 FRASER, JOHN 2,654.41 dd 07/16/04 HALWEG, JODI 1,922.39 dd 07/16/04 L'ALLIER, DANIEL 1,283.63 dd 07/16/04 LANGNER, SCOTT 1,660.10 dd 07/16/04 PALMA, STEVEN 2,841.61 dd 07/16/04 PARSONS, KURT 2,149.26 dd 07/16/04 BECKER, SHANE 1,654.92 dd 07/16/04 CHRISTENSEN, CHARLES 664.41 dd 07/16/04 CRAWLEY, BRIAN 692.00 dd 07/16/04 DAWSON, RICHARD 1,816.63 dd 07/16/04 DUELLMAN, KIRK 1,790.44 dd 07/16/04 FITZGERALD, EDWARD 886.53 dd 07/16/04 GJERTSON, MARK 1,348.86 dd 07/16/04 HEMQUIST, MICHAEL 2,903.37 dd 07/16/04 HJELLE, ERIK 1,538.85 dd 07/16/04 JOHNSON, DOUGLAS 1,790.44 dd 07/16/04 KNAPP, BRETT 1,370.00 dd 07/16/04 KUSKEY, JOSEPH 1,136.76 dd 07/16/04 MELANDER, BOBBIE 28.02 dd 07/16/04 MELANDER, SCOTT 384.21 dd 07/16/04 NOVAK, JEROME 1,810.08 dd 07/16/04 NOWICKI, PAUL 1,028.00 dd 07/16/04 OPHEIM, JOHN 1,742.00 dd 07/16/04 PETERSON, MARK 1,204.54 dd 07/16/04 PETERSON, ROBERT 1,881.12 dd 07/16/04 REYNOSO, ANGEL 1,809.15 dd 07/16/04 SVENDSEN, RONALD 1,935.82 dd 07/16/04 GERVAIS-JR, CLARENCE 2,575.00 dd 07/16/04 FEHR, JOSEPH 1,323.34 dd 07/16/04 FLAUGHER, JAYME 2,036.84 dd 07/16/04 HERMANSON, CHAD 862.75 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/16/04 JACKSON, LINDA 1,659.24 dd 07/16/04 LAFFERTY, WALTER 2,095.09 dd 07/16/04 LINK, BRYAN 2,533.63 dd 07/16/04 PACOLT, MARSHA 2,142.40 dd 07/16/04 RABINE, JANET 2,425.89 dd 07/16/04 STAHNKE, JULIE 2,095.09 dd 07/16/04 LUKIN, STEVEN 3,353.68 dd 07/16/04 SVENDSEN, RUSTIN 2,678.00 dd 07/16/04 ZWIEG, SUSAN 1,710.84 dd 07/16/04 DOLLERSCHELL, ROBERT 266.30 dd 07/16/04 AHL, R. CHARLES 4,045.84 dd 07/16/04 NIVEN, AMY 1,204.47 dd 07/16/04 PRIEFER, WILLIAM 2,462.94 dd 07/16/04 WEGWERTH, JUDITH 1,715.29 dd 07/16/04 BRINK, TROY 1,546.84 dd 07/16/04 DEBILZAN, THOMAS 1,799.64 dd 07/16/04 EDGE, DOUGLAS 1,791.04 dd 07/16/04 JONES, DONALD 1,786.04 dd 07/16/04 KANE, MICHAEL 2,722.50 dd 07/16/04 LUTZ, DAVID 1,790.49 dd 07/16/04 MEYER, GERALD 1,857.33 dd 07/16/04 NAGEL, BRYAN 1,961.87 dd 07/16/04 OSWALD, ERICK 1,965.87 dd 07/16/04 TEVLIN, TODD 1,622.04 dd 07/16/04 CAVETT, CHRISTOPHER 3,056.22 dd 07/16/04 DUCHARME, JOHN 2,230.84 dd 07/16/04 ENGSTROM, ANDREW 1,492.88 dd 07/16/04 JACOBSON, SCOTT 1,994.85 dd 07/16/04 LABEREE, ERIN 2,384.83 dd 07/16/04 LINDBLOM, RANDAL 2,277.07 dd 07/16/04 MURRA, AARON 781.14 dd 07/16/04 PECK, DENNIS 2,325.55 dd 07/16/04 PRIEBE, WILLIAM 3,282.97 dd 07/16/04 SMITH III, DONAVAN 830.88 dd 07/16/04 VERMEERSCH, CHARLES 2,065.25 dd 07/16/04 ANDERSON, BRUCE 3,764.03 dd 07/16/04 CAREY, HEIDI 1,952.44 dd 07/16/04 HALL, KATHLEEN 1,715.29 dd 07/16/04 BORGLUM, DUSTIN 1,310.00 dd 07/16/04 GERVAIS, DAVID 880.00 dd 07/16/04 MARUSKA, MARK 2,513.20 dd 07/16/04 NAUGHTON, JOHN 1,622.04 dd 07/16/04 SCHINDELDECKER, JAMES 1,788.27 dd 07/16/04 BIESANZ, OAKLEY 1,359.33 dd 07/16/04 HAYMAN, JANET 1,059.81 dd 07/16/04 HUTCHINSON, ANN 2,092.14 dd 07/16/04 KOS, HEATHER 384.25 dd 07/16/04 NELSON, JEAN 1,115.10 dd 07/16/04 SEEGER, GERALD 549.32 dd 07/16/04 GAYNOR, VIRGINIA 1,918.04 dd 07/16/04 MULHOLLAND, NANCY 931.00 dd 07/16/04 EKSTRAND, THOMAS 2,740.62 dd 07/16/04 KROLL, LISA 1,096.68 dd 07/16/04 LIVINGSTON, JOYCE 873.68 dd 07/16/04 SINDT, ANDREA 1,554.04 dd 07/16/04 THOMPSON, DEBRA 690.49 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/16/04 YOUNG, TAMELA 1,378.84 dd 07/16/04 FINWALL, SHANN 2,126.04 dd 07/16/04 ROBERTS, KENNETH 2,344.27 dd 07/16/04 CARVER, NICHOLAS 2,561.82 dd 07/16/04 FISHER, DAVID 3,022.43 dd 07/16/04 MENNENGA, JOHN 936.00 dd 07/16/04 RICE, MICHAEL 1,810.04 dd 07/16/04 SWAN, DAVID 1,898.04 dd 07/16/04 KONEWKO, DUWAYNE 2,548.44 dd 07/16/04 ANZALDI, MANDY 402.50 dd 07/16/04 BJORK, ALICIA 88.13 dd 07/16/04 BJORK, BRANDON 780.00 dd 07/16/04 FINN, GREGORY 2,011.89 dd 07/16/04 GRAF, MICHAEL 1,728.26 dd 07/16/04 HADDAD, JULIE 58.50 dd 07/16/04 KELLY, LISA 1,282.63 dd 07/16/04 NIEMCZYK, BRIAN 63.00 dd 07/16/04 OHLHAUSER, MEGHAN 705.00 dd 07/16/04 ROBBINS, AUDRA 1,872.13 dd 07/16/04 SHERRILL, CAITLIN 139.50 dd 07/16/04 TAUBMAN, DOUGLAS 2,639.27 dd 07/16/04 WERNER, KATIE 42.50 dd 07/16/04 ZIELINSKI, JOSEPH 26.25 dd 07/16/04 BREHEIM, ROGER 1,790.49 dd 07/16/04 NORDQUIST, RICHARD 1,786.04 dd 07/16/04 SCHULTZ, SCOTT 2,024.95 dd 07/16/04 CRAWFORD - JR, RAYMOND 218.95 dd 07/16/04 CROSSON, LINDA 2,338.51 dd 07/16/04 FONTAINE, ANTHONY 716.43 dd 07/16/04 MOY, PAMELA 420.80 dd 07/16/04 PELOQUIN, PENNYE 377.21 dd 07/16/04 SCHMIDT, RUSSELL 1,778.19 dd 07/16/04 STAPLES, PAULINE 2,720.85 dd 07/16/04 ABRAHAMSON, DANIEL 399.75 dd 07/16/04 ABRAHAMSON, REBECCA 218.31 dd 07/16/04 BRENEMAN, NEIL 392.87 dd 07/16/04 EDSON, JAMIE 288.01 dd 07/16/04 ERICKSON, CAROL 42.50 dd 07/16/04 GREDVIG, ANDERS 56.40 dd 07/16/04 GUZIK, JENNIFER 315.07 dd 07/16/04 HALEY, BROOKE 138.00 dd 07/16/04 HORWATH, RONALD 1,783.14 dd 07/16/04 IRISH, GRACE 217.50 dd 07/16/04 IRISH, KARL 541.89 dd 07/16/04 KOEHNEN, AMY 42.70 dd 07/16/04 KOEHNEN, MARY 950.02 dd 07/16/04 KRONHOLM, KATHRYN 685.72 dd 07/16/04 LAWSON, JOSHUA 190.75 dd 07/16/04 LINDSTROM, AMANDA 214.06 dd 07/16/04 OVERBY, ANNA 37.30 dd 07/16/04 SCHAEFER, ROB 511.28 dd 07/16/04 SCHULTZ, MATTHEW 97.50 dd 07/16/04 SCHULTZ, PETER 50.05 dd 07/16/04 SHAW, KRISTINA 55.50 dd 07/16/04 SMITH, ANN 90.00 dd 07/16/04 TUPY, HEIDE 101.85 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/16/04 TUPY, MARCUS 280.48 dd 07/16/04 GROPPOLI, LINDA 261.00 dd 07/16/04 KURKOSKI, STEPHANIE 122.50 dd 07/16/04 BEHAN, JAMES 1,727.48 dd 07/16/04 LONETTI, JAMES 990.61 dd 07/16/04 MILES, LAURA 222.40 dd 07/16/04 PATTERSON, ALBERT 1,023.72 dd 07/16/04 PRINS, KELLY 1,003.53 dd 07/16/04 REILLY, MICHAEL 1,724.36 dd 07/16/04 STEINHORST, JEFFREY 97.65 dd 07/16/04 AICHELE, CRAIG 1,830.04 dd 07/16/04 PRIEM, STEVEN 2,008.44 dd 07/16/04 BERGO, CHAD 2,071.54 dd 07/16/04 FOWLDS, MYCHAL 1,850.70 dd 07/16/04 HURLEY, STEPHEN 2,991.94 wf 97914 07/16/04 INGVOLDSTAD, CURTIS 50.00 wf 97915 07/16/04 JAHN, DAVID 1,545.87 wf 97916 07/16/04 MALDONADO, JUANA 694.78 wf 97917 07/16/04 MORIN, TROY 214.50 wf 97918 07/16/04 MATHEYS, ALANA 1,847.41 wf 97919 07/16/04 GENNOW, PAMELA 919.75 wf 97920 07/16/04 HANSEN, LORI 1,646.04 wf 97921 07/16/04 PALANK, MARY 1,763.02 wf 97922 07/16/04 RICHIE, CAROLE 1,594.49 wf 97923 07/16/04 SVENDSEN, JOANNE 1,972.87 wf 97924 07/16/04 SHORTREED, MICHAEL 3,508.94 wf 97925 07/16/04 STEINER, JOSEPH 576.00 wf 97926 07/16/04 WELCHLIN, CABOT 2,327.57 wf 97927 07/16/04 ESTREM, LYNNETTE 195.00 wf 97928 07/16/04 ACOSTA, MARK 1,130.73 wf 97929 07/16/04 AMBORN, JASON 1,432.92 wf 97930 07/16/04 ANDERSON, BRIAN 1,900.80 wf 97931 07/16/04 BAHL, DAVID 1,254.64 wf 97932 07/16/04 BAUMAN, ANDREW 1,268.79 wf 97933 07/16/04 BOURQUIN, RON 1,980.75 wf 97934 07/16/04 BUCHE, JOETTE 1,790.76 wf 97935 07/16/04 CAHILL, CHRISTOPHER 1,114.54 wf 97936 07/16/04 CAPISTRANT, JOHN 1,054.65 wf 97937 07/16/04 CAVE, GEORGE 1,847.19 wf 97938 07/16/04 CROMETT, MARK 1,762.99 wf 97939 07/16/04 DIETZ, EDWARD 2,055.39 wf 97940 07/16/04 DITTEL, MICHAEL 1,342.69 wf 97941 07/16/04 DOREE, KURT 704.37 wf 97942 07/16/04 DUELLMAN, AMY 1,282.66 wf 97943 07/16/04 DUELLMAN, JOSEPH 456.30 wf 97944 07/16/04 FASULO, WALTER 1,470.73 wf 97945 07/16/04 FETTERS, JEFFREY 2,161.21 wf 97946 07/16/04 GERARD, JAMIE 2,333.33 wf 97947 07/16/04 HAKSETH, NATHAN 2,166.99 wf 97948 07/16/04 HALE, JOSEPH 1,418.91 wf 97949 07/16/04 HEFFERNAN, PATRICK 1,762.99 wf 97950 07/16/04 HERLUND, RICK 3,195.91 wf 97951 07/16/04 HUTCHINSON, JAMES 1,398.87 wf 97952 07/16/04 KALKA, THOMAS 1,514.94 wf 97953 07/16/04 KANE, ROBERT 1,929.21 wf 97954 07/16/04 KARNOWSKI, SANDRA 2,733.81 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 97955 07/16/04 KOEHN, CORY 758.49 wf 97956 07/16/04 KONDER, RONALD 1,532.80 wf 97957 07/16/04 KORTUS, WILLIAM 978.45 wf 97958 07/16/04 KUMMER, CORINNE 214.14 wf 97959 07/16/04 L'ALLIER, TED 514.29 wf 97960 07/16/04 CARSON, SHANNON 358.23 wf 97961 07/16/04 LIDBERG, MICHAEL 1,310.59 wf 97962 07/16/04 LINK, BRYAN 732.42 wf 97963 07/16/04 LOCHEN, MICHAEL 2,665.71 wf 97964 07/16/04 MALLORY, GORDON 2,138.85 wf 97965 07/16/04 MARTY, MARK 4,998.73 wf 97966 07/16/04 MCGOVERN, JOHN 1,252.83 wf 97967 07/16/04 MELANDER, JON 2,372.58 wf 97968 07/16/04 MELLEN, RICHARD 1,734.99 wf 97969 07/16/04 MILLER, NICHOLAS 1,442.94 wf 97970 07/16/04 NALIPINSKI, STEPHEN 1,320.70 wf 97971 07/16/04 NOLAN, PAUL 1,256.70 wf 97972 07/16/04 RICE, DANIEL 994.00 wf 97973 07/16/04 RIDER, JEFFREY 1,791.15 wf 97974 07/16/04 RINDAL, DONALD 1,288.71 wf 97975 07/16/04 ROBERTSON, STEVEN 844.50 wf 97976 07/16/04 ROMANIK, JAMES 2,105.40 wf 97977 07/16/04 SACKETT, JAMES 992.55 wf 97978 07/16/04 SCHADT, JEFFREY 1,146.66 wf 97979 07/16/04 SCHULTZ, THOMAS 1,188.72 wf 97980 07/16/04 SEDLACEK, JEFFREY 1,566.80 wf 97981 07/16/04 SINGER, SCOTT 612.36 wf 97982 07/16/04 SKOK, STEPHEN 1,202.59 wf 97983 07/16/04 SMITH, RICHARD 1,532.94 wf 97984 07/16/04 SOLHEID, DALE 622.38 wf 97985 07/16/04 STELLA, JAMES 2,267.58 wf 97986 07/16/04 TRONNES, JOHN 1,198.35 wf 97987 07/16/04 WATERS, JOSEPH 2,154.81 wf 97988 07/16/04 WHITE, JOEL 1,250.79 wf 97989 07/16/04 BAUER, MICHELLE 1,292.24 wf 97990 07/16/04 FREBERG, RONALD 1,838.31 wf 97991 07/16/04 HAAG, ROBERT 700.00 wf 97992 07/16/04 STEWART, RYAN 700.00 wf 97993 07/16/04 GROVER, MICHAEL 1,075.31 wf 97994 07/16/04 JAROSCH, JONATHAN 694.88 wf 97995 07/16/04 YOUNG, AMANDA 756.00 wf 97996 07/16/04 EDSON, DAVID 1,820.09 wf 97997 07/16/04 HELEY, ROLAND 1,822.31 wf 97998 07/16/04 HINNENKAMP, GARY 1,798.68 wf 97999 07/16/04 LINDORFF, DENNIS 1,790.50 wf 98000 07/16/04 NAUGHTON, RYAN 1,160.00 wf 98001 07/16/04 NOVAK, MICHAEL 1,719.12 wf 98002 07/16/04 GERNES, CAROLE 421.44 wf 98003 07/16/04 SOUTTER, CHRISTINE 531.25 wf 98004 07/16/04 LORSUNG, ROSE 770.00 wf 98005 07/16/04 ANZALDI, KALI 93.50 wf 98006 07/16/04 BALLESTRAZZE, THAD 747.50 wf 98007 07/16/04 BEAVER, ELIZABETH 81.25 wf 98008 07/16/04 BENSON, CARLA 330.00 wf 98009 07/16/04 DAMIANI, ROBERT 120.00 wf 98010 07/16/04 EGGIMANN, LINDSEY 243.00 18 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 98011 07/16/04 FRANK, SARAH 162.50 wf 98012 07/16/04 GEBHARD, JILLIAN 920.00 wf 98013 07/16/04 GEBHARD, MADELINE 702.00 wf 98014 07/16/04 GOODRICH, CHAD 489.08 wf 98015 07/16/04 GRAF, ASHLEY 47.50 wf 98016 07/16/04 HAGSTROM, LINDSEY 151.50 wf 98017 07/16/04 HARGROVE, CAYLA 162.50 wf 98018 07/16/04 HEBERT, JENA 47.50 wf 98019 07/16/04 HEBERT, KELLY 47.50 wf 98020 07/16/04 HELKAMP, KAYLA 77.50 wf 98021 07/16/04 HJELMGREN, NICOLE 59.06 wf 98022 07/16/04 KYRK, ASHLEY 140.00 wf 98023 07/16/04 KYRK, HALEY 40.00 wf 98024 07/16/04 NIELSEN, ABBY 52.25 wf 98025 07/16/04 OHLHAUSER, MOLLY 70.00 wf 98026 07/16/04 ROME, JESSICA 162.50 wf 98027 07/16/04 RYDEL, RACHEL 162.50 wf 98028 07/16/04 SHOBERG, KARI 56.38 wf 98029 07/16/04 SIKORA, LEAH 40.00 wf 98030 07/16/04 UNGAR, KRISTOPHER 46.50 wf 98031 07/16/04 GERMAIN, DAVID 1,794.93 wf 98032 07/16/04 HAAG, MARK 1,759.32 wf 98033 07/16/04 NADEAU, EDWARD 2,722.50 wf 98034 07/16/04 BROWN, LAURIE 420.00 wf 98035 07/16/04 COLLINS, ASHLEY 139.60 wf 98036 07/16/04 DISKERUD, HEATHER 40.00 wf 98037 07/16/04 GLASS, JEAN 1,677.66 wf 98038 07/16/04 SCHULZE, BRIAN 434.50 wf 98039 07/16/04 TOLBERT, FRANCINE 352.00 wf 98040 07/16/04 LINGER, MARGARET 536.07 wf 98041 07/16/04 WEISMANN, JENNIFER 403.54 wf 98042 07/16/04 ANDERSON, CALEB 249.46 wf 98043 07/16/04 BACHMAN, NICOLE 369.35 wf 98044 07/16/04 BOTHWELL, KRISTIN 467.54 wf 98045 07/16/04 BRENEMAN, SEAN 292.60 wf 98046 07/16/04 BRIN, LAUREN 107.25 wf 98047 07/16/04 COSTA, JOSEPH 105.75 wf 98048 07/16/04 DEMPSEY, BETH 89.60 wf 98049 07/16/04 DUNN, RYAN 576.45 wf 98050 07/16/04 ESTRADA, KIEL 385.00 wf 98051 07/16/04 FALKENSTEIN, MONICA 351.90 wf 98052 07/16/04 FENGER, JUSTIN 56.35 wf 98053 07/16/04 FONTAINE, KIM 635.58 wf 98054 07/16/04 GESKERMANN, MARK 68.25 wf 98055 07/16/04 GRANT, MELISSA 256.95 wf 98056 07/16/04 GRUENHAGEN, LINDA 206.55 wf 98057 07/16/04 HOLMGREN, LEAH 431.87 wf 98058 07/16/04 HOULE, DENISE 66.90 wf 98059 07/16/04 HUPPERT, ERIN 516.84 wf 98060 07/16/04 JOHNSON, MAGGIE 24.38 wf 98061 07/16/04 JOHNSON, ROBERT 226.80 wf 98062 07/16/04 JOHNSON, STETSON 515.50 wf 98063 07/16/04 JOYER, MARTI 112.50 wf 98064 07/16/04 KERSCHNER, JOLENE 1,042.00 wf 98065 07/16/04 MCMAHON, MELISSA 584.56 wf 98066 07/16/04 MILLS, ANNE 340.73 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 98067 07/16/04 OLSON, MARGRET 13.60 wf 98068 07/16/04 PEHOSKI, JOEL 623.00 wf 98069 07/16/04 PETERSON, ANNA 24.38 wf 98070 07/16/04 POTTRATZ, DIANE 24.56 wf 98071 07/16/04 PROESCH, ANDY 345.00 wf 98072 07/16/04 RODEN, JASON 37.00 wf 98073 07/16/04 ROSTRON, ROBERT 39.00 wf 98074 07/16/04 SCHMIDT, EMILY 42.25 wf 98075 07/16/04 SCHOENECKER, SAMANTHA 130.00 wf 98076 07/16/04 SCHREINER, MICHELLE 189.94 wf 98077 07/16/04 SMITLEY, SHARON 322.00 wf 98078 07/16/04 STAHNKE, AMY 149.50 wf 98079 07/16/04 TRUE, ANDREW 134.30 wf 98080 07/16/04 WARNER, CAROLYN 46.00 wf 98081 07/16/04 WEDES, CARYL 134.70 wf 98082 07/16/04 WELTER, ELIZABETH 308.35 wf 98083 07/16/04 WHITE, NICOLE 282.94 wf 98084 07/16/04 WOODMAN, ALICE 144.90 wf 98085 07/16/04 BOSLEY, CAROL 175.95 wf 98086 07/16/04 FARLEY, JAMIE 493.52 wf 98087 07/16/04 HAGSTROM, EMILY 24.00 wf 98088 07/16/04 HANSEN, ANNA 242.25 wf 98089 07/16/04 ODDEN, JESSICA 108.88 wf 98090 07/16/04 OIE, REBECCA 99.13 wf 98091 07/16/04 QUINN, KELLY 63.00 wf 98092 07/16/04 VAN HALE, PAULA 59.20 wf 98093 07/16/04 DOUGLASS, TOM 976.36 wf 98094 07/16/04 HER, CHONG 434.85 wf 98095 07/16/04 NAGEL, BROOKE 118.15 wf 98096 07/16/04 NEWCOMB, GENNA 103.08 wf 98097 07/16/04 O'GRADY, VICTORIA 76.20 wf 98098 07/16/04 O'GRADY, ZACHARY 32.00 wf 98099 07/16/04 RHODE, ERIC 85.99 wf 98100 07/16/04 RYDEEN, ARIEL 320.86 wf 98101 07/16/04 SIMPSON, KIMBERLYN 31.75 wf 98102 07/16/04 THEESFELD, CALEB 6.35 wf 98103 07/16/04 VANG, CIA 33.25 wf 98104 07/16/04 VERDELL, TRAQUEZ 167.00 wf 98105 07/16/04 WAGNER, KEVIN 133.35 wf 98106 07/16/04 WILLIAMS, NICK 176.58 wf 98107 07/16/04 ZIEMER, NICOLE 84.10 wf 98108 07/16/04 MULVANEY, DENNIS 1,967.73 wf 98109 07/16/04 FRANZEN, NICHOLAS 450.00 547,586.01 20 Agenda #G2 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: July 19, 2004 RE: Annual 3.2 Beer License Introduction Joseph Murphy has submitted an application for an annual 3.2 beer license for use at Aldrich Arena located at 1850 White Bear Avenue. Aldrich Arena is owned by Ramsey County and operated by the Parks & Recreation Department. Tom Moriarty is the Arena Operation Supervisor. The City issues a temporary 3.2 beer license and an annual on-sale 3.2 beer license. Temporary 3.2 beer licenses are only issued to non-profit organizations. There have been events held at the Arena where applicants qualified for non-profit status and were granted a temporary license. There has also been an increase in requests to rent the Arena for events from organizations that do not have non-profit status and therefore do not qualify for a temporary 3.2 beer license. Mr. Murphy is contracted by Ramsey County as the concessions provider at the Arena and is requesting an annual 3.2 beer license. Ramsey County has no objections to Mr. Murphy holding a 3.2 beer license and have stipulated as much in their contract with him. Recommendation It is recommended that the City Council approve the annual 3.2 beer license. MEMO TO: City Manager FROM: Rose Lorsung, Planning Intern SUBJECT: Conditional Use Permit PROJECT: Liberty Classical Academy LOCATION: 1717 English Street (Lake Phalen Com DATE: 7/14/2004 INTRODUCTION Agenda G3 nity Church) The conditional use permit (CUP) for the new elementa school located on the existing Lake Phalen Community Church at 1717 English Street is due for review. The elementary school is for up to 60 students and will eventually serve grades K 12. BACKGROUND The church previously had an elementary school (grade K - 8) in the existing building between the years 1978 - 1985. This school had up to six classro ms with an average of 15 students per room. July 22, 2003: The city council approved the CUP for Lif~erty Classical Academy, subject to five conditions (see attached minutes). DISCUSSION Upon review, four out of five of the conditions for the CU have been met. The one remaining condition is a proper address on the building. Pastor Bo Highley of Lake Phalen Community Church informed the city that the address that was put o the building fell and broke and that a new one will be added within three months. Since Libert Classical Academy has not yet finished some of the required work, the city should revie this permit again in three months. RECOMMENDATION Review the conditional use permit for Liberty Classical three months. P: sec16\Liberty Classical Academy CUP 2004 Attachments: 1. Location Map 2. Property/Zoning Map 3. Site Plan 4. School Floor Plan 5. City Council Minutes July 22, 2003 at 1717 English Street again in f_f ''.1 . .,.. CT. -, ~`=,.'~ COUNTY ROAD ~ C W Attachment 1 _z ~~ ~ ~ ~ TOp to -{ 3 Q: ~ ~ c;~ '` z ~~ ~ to P aR R IR ~N W m 5 3 ' ~y .~ m G ~G~ ~~ AVE• ~ ~R Ate e ~ w CT. DEMO AVE ' ~ ~ ~ ~ BROOKS DEMONT AVE. ~ QQ A~ ~ BROOKS BROD~ CT. c ~ Q~ c ~ ~ SIX TANT z ~ ~» o SEXTANT AVE. ~ AVE. ° Parac z 1 GERVAIS A ~. GERVAIS ~ ~ ~ P~ cgi_ °~ GRANDVIEW AVE. z Y 4~^'',. 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F I H R' Sr ,DG i2 Z D = ~ (Z6 c9 '. oso y 04o r I `° {>L) \ ) olo N oSa ) 040 O N 8L) aO ~ go + ~ 1101' E'11 ~ 1213 141 151 IG I I ~23) 84 t BS I T'O 85 ~~~ O I WOlu~ 40 4l 7 7 7 l 53 ~ n m, r \ I ~.r 1 1 P'1 3J3 _ M (rGO. 7 ,0 - I ~ _ ~~ ~~ SAINT PA - o ,.,. ~I ~.. n ~ I 2 _`a ~ csc) =1(s-rl D UFIIHtl Es B4_.GS B_O - -IZE.DT IG li 1: m ~ 1~~) i i (5 I I I z I '{((~~~ ~ r- ~I 135.Ib I (/~ O (~`) C 29 I I / 138.50 I I \Ce (84) I I(Y 28 II _141.sz. I~i (62 - 27~) '~r 14514 ~ I `~ (82) 2b 25-1(/1 I I(C`. 8d ~ I 13 ~. _ ~~ I I n.~ III (~ c„ I (Gl sav I _ ,~ (78) 1 I .(~ I 61.76 I ~~ 21('17 ~ r (6 1650 ~- ~(7G~~ (7c I IY .69..421 Im 4- 19 C75) ~ i a (~ 1 IQ ,, I_ I I• i ~ n'' Z.jJ ~, l ap M /'13)~ PROPERTY LINE /ZONING MAP 3 4 N Attachment 2 Attachment 3 - - ~79$~ r - - ~ \ ., \ t ` ^d 3l`~ ~ x _ s ~ i ~~ ~~f~~~ 7 4~ l _ ,,4~ ~ UYl _>f iNG .~. ~ ~T`ril`~hDf(.P.' s» . _, _ j, ~ -_ -_ - --_ _ f~iv~ __ t4i_..r -- _ - __ ~ .. 4 - -_ - __ ~ ',~ ~~ZI t7SZ.,. _ `S ~ ~ i~ p s* __ _ __ { ~~4 '[k~ `~` a' jf'., ~z ~~yy ~ `` ~/='f~i~?~' ~pT ~ 'p Ili ~ ~~ ~ .. O J • Z Y Q a O J Z a H O Z a ~ .~ ~ ~-:. ~ s ~~a ~~ a t SITE PLAN 4 •a• 1~ { I s~ I ~~ 1V Attachment 4 8 ~~ t~ c~ F T6 m ~ L t d 6~ N '6 C y ~~ q.. 'tr c ~ ~ g T V ~ C j J 1 I I a ~~ I 0 z c I -~- ~ ~~ ' ~ ~, ~I =i ~i ~% any ~~ ~ Liberty Classical AQademy SCHOOL FLOOR PLAN 5 4 N Attachment 5 MAPLEWOOD CI7 7:03P.M. Tuesday, Council Chambers, Mi Meeting No. H. PUBLIC HEARINGS 1. 7:12 p.m. Liberty Classical Academy a. b. c. d. e. COUNCIL ly 22, 2003 ~ipal Building -16 Use Permit (1717 English Street) City Manager Fursman presented the staff Associate Planner Roberts presented from the report. Commissioner Monahan-Junek presented the Planning Commission Report. Kathy Smith, the applicant, 1964 Price Mayor Cardinal opened the public following persons were heard: was present for questions. calling for proponents or opponents. The None f. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the follc English Street: CONDITIONAL USE PERMIT UTION 03-07-136 WHEREAS, Ms. Kathy Smith, representing Liberty Clas~ical Academy, is requesting that Maplewood approve a conditional use permit for a school to operate i an existing church. WHEREAS, this permit applies to the property at 1717 English Street. The legal description is: The North 262 feet of the South 531.5 feet of the Ea$t'/z of the SE 1/a of the SE 1/a, subject to streets, in Section 16, Township 29, Range 22 (PIN 16-29-~2-44-0021) WHEREAS, the history of this conditional use permit is ~s follows: 1. On July 7, 2003, the planning commission recommended that the city council approve this permit. 2. On July 22, 2003, the city council held a public hung. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. Thy council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the council approve the above-described conditional use permit based on the building and site plans. The city appr}wes this permit because: 6 1. The use would be located, designed, maintained, Maplewood's Comprehensive Plan and Code of 2. The use would not change the existing or planned 3. The use would not depreciate property values. and operated to be in conformity with of the surrounding area. 4. The use would not involve any activity, process, mat rials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturb ng or cause a nuisance to any person or property, because of excessive noise, glare, smoke, ust, odor, fumes, water or air pollution, drainage, water run-off, vibrat on, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traff~c on local streets and would not create traffic congestion or unsafe access on existing or proposed treets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer syst ms, schools and parks. 7. The use would not create excessive additional costs 8. The use would maximize the preservation of and into the development design. public facilities or services. the site's natural and scenic features 9. The use would cause minimal adverse Approval is subject to the following conditions: effects. 1. The school use shall follow the plans dated June , 2003, as approved by the city. The director of community development may approve minor changes. 2. The proposed school must be started in this locat'on within one year after council approval or the permit shall end. The council may extend thi~ deadline for one year. 3. The school shall have no more than 60 students. 4. The property owner or manager shall sweep and stripe the parking lot before the school occupies their space. This shall include having two handicapped parking spaces in the parking area west of the building near the entrance to the school sp~ce. 5. The school, the church, the fire marshal and the ~ity building official shall agree on a plan for the school and the church to make the required lie safety and building improvements to the building. This plan shall include the installation f: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (s}noke detection and monitoring). c. Additional emergency lights and exit sign$ (if necessary). d. Updated doors and hardware. e. The necessary changes to meet the handicapped accessibility code requirements. 7 f. A proper address on the building. g. Any other changes the fire marshal or the building official deem necessary. 6. The city council shall review this permit in one ylear. Seconded by Councilmember Koppen ~, Ayes-All 8 Agenda G4 MEMORANDUIIA TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: INTRODUCTION City Manager Rose Lorsung, Planning Intern Conditional Use Permit Review Hmong Alliance Church 1770 McMenemy Street 7/14/2004 The conditional use permit for the Saint Paul Hmong Alliance church at 1770 McMenemy Street is due for review. BACKGROUND On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. On July 8, 2003, the city council approved a CUP revision and,design plans for this site. These requests were for the church to expand their parking lot to the south andl to add a playground to their property. (Please see the minutes starting on page nine.) DISCUSSION The church has finished the parking lot expansion and most ofl, the associated site work. There were only two requests not completed since the last CUP review: turn lane striping onto McMenemy and a trash container enclosure. The driveway onto McMenemy has beenl, striped with a turn lane. The trash container enclosure was constructed but is poor in quality and not made',of the appropriate materials. Mr. Kao Lee has been notified of this and assures the city that it will be completed within three months. Since the church has not yet finished some of the required site work, the city should review this permit again in three months. RECOMMENDATION Review the conditional use permit for the Hmong Alliance Church at 1770 McMenemy Street again in three months. p:seclTHmong Alliance Church CUP 2004 Attachments: 1. Location Map 2. Property Line2oning Map 3. Area Map 4. Site Plan 5. Proposed Grading Plan 6. Proposed Landscape Plan 7. Site Plan (and Paving Plan) 8. July 8, 2002 City Council Minutes Attachment 1 t ALW ~ 3 N.vAwioo na PA1 4 ORS < S NER1D(AN DR '~, 3 0 Q Z ~ U W 2400N ~ p, J }Y ®~ CO. RD. B2 49 il~ W~ J _J W ~ O ~ ~~ 49 LITTLE CANADA 3~ 10 couNTY RD. e vo' ~L• ~5o~dy ~. Loke~sa~ ~Q~ ~ SKILLMAN AVE. ~ ~% MT,_ VERNON NAVE. ~ _ t U 4, N F- ~ S KINGSTON o AV. '~' ~o ~1 ~ , to N.e~.m 35E 10 ~-0 '~'j VIKING DR. w ,x"11 UURIE ~'T. .o~' '" a 15 N 5 c z W MT,~ 0 ~' R~ LWOOD AVE. N ~~ ~ Park ~..~,~ ~ ELpRI AVE. '~ + ® Olo e~ BELMONT CN E• j SK ~ KEN OOD m AVE. Eamon Pork N U ER m ~ zU _~ 0 ~T. PAUL LOCATION 2 ~LLW000 ~~ GAS x ~aAVE. ~~ AVE. ,~' a ®Q~ 61 N C Attachment 2 ,7 T7 ~ ~ ~ C) 7 I I 5T 1 ~ ~ o ~ Y ~ I ^ bt .610 ac. I o2 '' I 12') 04 r s7 J ~35) ,f ~ w, L p ~ N (g~ \\ I of - I .508 k. ~ v C -_ -_ Ivey F;+i l~3) r: n. 2(45)„-' ~~n m I C3) S7 u D 1.0.30 W L ~ ~ r~ °_° I 5.83..e. ~ - a .oot ~.1Im. ~ .. .90 ~ ~ (86) 2e~.~ b o 7 ~ 438 - m °3o 77 V ~ ~ ~ ~ L"H m ~~ ~l.L4 a<. a ~14j - . i N 25Jo<. ~b)- 0;0 S ~ /97.73 ~ ~ * 7T.Oy (9) ~ ~ I 1 ~~ _ •L5e< ' ~+ THE GARDENS " - ~ 1830 "(7°) .ao ~ 7s ~ Ts Ts Tr ee - 1809 ' V' _ 1 383 ~ ,., , M 387 R K F n pTt~a ~' h; ' M x POND ~ T _ p R~ F,~ PT h m . ~ 13° 1822 ' a ~b.p' 1799 1780 ttii c ~ ~ A N ~ ~ ~ ~ ; ~ ~Q- P C29~ ' 379 ~ ) ~ a .4 r Ts ~ ' 7 .o m7s. l y ~ ` 6J b ' ,., ~ ~ ~.. RIPLEY AVE RIIP LEY qyE ~ RA '' 8.197.5 q 5 olo 77 ~ 1774 ~t ° ~~ ~ ~, v7.a r. nso ,s 7 . ~ .so ~o c ~ 7 n.so 7zst El.r lol.wo t S t .+ea b1.a3 1796 ~ ~ - • ~ 1 \ ry C'fa~o C ~ ~ . c A C~ ~ N ~J ~^ ~ ti c~ ' ~ ~6 a L~ " 1790 - ~ . ~-fb) ~ 17929 S ~~~ ~ M7 (,. ~5 l~ (b9) ~ ) `( 4 ) ,E ..._ _ I 7.So So ~ .Sa 7 o .SO of 1779 N o ~ rv - - ~~, F=^ • 3.g° l..c . g SAINT PAUL HMONG •T7 ac. 180 a ~; 7841 t 781... L u6 , j `~ 1768- ~~ 1 ,9 - - - -- ~' ° - ~ W - ~ ° ° ' 1780 >>j3 ' 08 ; ~ ~ ~~~ ALLIANCE CHURCH ' ~ 3426 7 1766 '~ ° °` 1778 ~ ~ ~° --- ~ J h b _ ~, ~h~l. till 61.t .--~J ~.-- (~ D.ea 342 .(31)29, 1`171, $ 1767 W : „ 1750 r) ~ ti ~ roe°.<- 1771 1764 9 g bl.z . 1741 - ~ ~ ~ o . 7G ~ 1765 ~ ~ (s~)1' 1'1~ Iz ~ ~ yo7 N ~___-_-_V ._ / 9se `x.86' ~, - f t i . ,8 IS ~ LL (2*~ ~~ r ~ '1~ I ~ I + ` . b7ne. 030 ~~.L~ O i o - -V I(, ~ - ~ ~ 7~4 1739 ~ ~~- 1740 ~') o v 7.,.a~6 v 1747 P 1 o w 15 f~- I LS, 2JD-157 _ G6 61.0 4~ r 561. _ _ f 1721 ~ o(q 3 p .. 18 ll.o~ F t. 3!771 o .3s~. ~ ~ w V o, ~~ 114,172° = 2.4 [.<~ r ~ $ 22 1737 - i p ~ s1 ~ ~_ ~F- 1O ~ 9 ~ o ~ ~z ~37) ~I .::,. ~ . - - -~ 1736 , ~ 2 .n ,. 3v, ~/ ~ \ _ °~ xLzl ? 3 \ 1 (zl)1 Y (3o)n ~ ~/ °7 Ot~ '~ A - `_ 20 1733 $ .)5~< 1-~~ (L~y ,~ Qco «..f ~ 'ss~) ~ I.~see. ~~ - o CI!) KINGSTON (4-0) a° ~ 93 `~'N~ l~ - (9) °® CIO AVE. >J (3z) b' it o' rya ~ ,f le r `LG/ 4 if 1 ' f.Ll 090 ~ d! =c'j ac) - - - . ~ ~ ,-~ - 4 "' 1~ 1 8 ~ ~ ! 1 s> ~ C33) ~ A (074° • - l1-Z) 6 zs w<.17i ~ ~ r ~o.zl 1 __ _ is_53 N IB_12_ .FL :O I~ I (?^!3' - /i o .:J.t~ 173 BO I i33~o \ J)' 4/.foo ~ 5 m ~.._. n I~ 2 n= ~ v ~ ~e N ~. `G g 2e ect-39o Z ~ 1.17: - t tl 39) 080 J 0 9 ~ ~z) ~ -- - O (za-) 6 - R- - -(z7) V 1 ~ Mr• c ,+°~ 19 ~ ,`Q'~ 2E a< -470 m 6 Ob)m ~ e+ t ~j I 3 n Q: ~ (3s) 5 m 3 gl 2f' ~ 177z2 ~ r rt (4 Cl G C w r c d ..~ -~%w PROPERTY LINE /ZONING MAP 3 4? N n a 3 lD c+ w ~~~~. A1~~~~~~ ~ ~-~~V~ ~°.eawaaseemyHO~rb '. ~ .. ~-rea ~Ila~p a as a Attachment 4 ~ ~-'L.~.T . tea., ~ _ _ _ '~~~ ' ~{~ ;_ ~' ~- ~~~,,;~,,: ;,r ~,~--~-~• ------..~ I. ,. ~,.. © CIA ////'~~ -~ ~ „~'~- ~-- ~ ~ ------,_~~ _ _ i t ---`yrrr -wiz ~~ "C~~: max' ~~,~~.- - >~;~ - - ~ i ~~ 1 ~ ~ iii iii; i \iiiii%i~ ~ ~ . ~ ;. ----~f~~ _ - - ~ _ _._._ _ _ _._._. _ _ _._.~z,~ _ _._._._._._._._._._._ 1. carer ~r r~«p~~~.ceq~p.~ ae~~~wyyrc e~r°i.~e.ii°oo~eyq ad b call o~cMteL! ar 'Thwr ~~ ro addlFlaid lcaar o~y calu~likcrbn rrWrd. wN W ro W the rAr y~a• Rws qat cou10 Mw Wwi clo•Me prbr ]. sw. l.o~ r.qurM rorrlLatlon « air Call ne lw.. prwr w wynry ..a«. ca eel-n°~oaoz ra• lawa, ar wly acrd IMr. R-Wa. WI rr. MII no! a wca.e v paR. a ~ a,. ral, er a„°k. lama ey a a„e~r lo<a~ a anrr wnml. a.ar, carfa~ra' . iv.pai.cl. lar rcarny al only rr. a~ m Ga.avicela. e. Nl new r +~.n, w... aye .e.~. w w aga..e ar ar .r. N W E S ~~ x.ic ,.,,~. o ~ ~~ ,~ PROPOSED SITE PLAN 5 4 N Attachment 5 ~ ~ 7t~.T. "~ r . • y I i~ - j I ~- s -mar= ~ r ~ ~ JN l ~- ~-,. ~ . . /d•/ .fir` .. ~_. ~ _ i - -~ r . ,Ji.:r - - ~ S ~ t ' r R v ~ ~ ~ l ~' I ~ " F v ~, _ ~ f _ I, I , ' \ \ '~ L... a t 5~ ~ ~ - \\ ~ / / ~! M ' r "1\`• bl 6RADIN6lMB~ENT TO Q ~I~i NO GQ611VL11011 0 suYW ./ew0 1RIlOOf pl D/lOTO PROJIO® FOR OU~% 9~1 XOP! ~ t ~~m.~ew~>.y~yy~~1,a,,..y~ ~ sMk4bn nrbd Tr. r/I bbro a010ne1 ~ Irt O.w~YO~tllv.. b~clalM pb WwbY. *„~ ~,~+.»,~;». ~»~ ° " n " ~' " t P..t. f1~.11 IPo.t M.,1 /. 0.k .w..u.rx...tro/w,.t.r»t.. 1~.I1 IOO/F~ !nt Nfll.~sl/tWIM. I FrFNI7 -902- PROPOSED GRADE ~° ~ ` ~`° ~~Mb'°'9°~. e ,: ~.,, --+i~:? EXISTING GRADE / ~-r+a~-~-~~~.• • -- SILT FENGE 0. 1aMV.q.. 04.M M b bslOIIW V ~ Rl~ LMS~ bq M wb. s. tua.e..rwrbw..,.reewvas.te,ervybw. ~ ~~~ w - a »._... `°" ~,. Mln. OytO / 001/ «m« u...n ®.., In...,~1. /....tilt EROBIp1 CONTROL - ~ - PROPERTY LINE - - 20' SETBACK N "'~°'°°'°"'°" • ...sy r.~x ~.ye.w w ~e++v...u~~..~ra ~ SPOT ELEVATION . W E S 0 'A 100 190 PROPOSED GRADINIG PLAN 4 N Attachment 6 .Id..• .I~I ~ ! ~i I '. ~---~-~~~~~'°-- .. .. Y. bA --------I --- ~~ I -_ . . I . .. er,., ~. r. © ~ ~ ~ ,= ~. I _ '~ ~m~wr..~lJl.~ ~ M "' trtr- , I I I I I I I ~'.y1 .fir t_c 't, .. ~l:j M ~ C_ 1 1 1 1 1 1 I.I r I I I I ~. •'... ., n I I I I I n ^ w ~ I ~ A ~ ~ , ~7 T4WC , 1 fyM(kP.I~L ` - r- ~ TOTIL N11.RE PAF9CIN5 STN,t,A M _ -- l -s .y _y o- b; .~~ V -a .~ i I. for Y r..pal.cY b Wn lhs W plor pb ~ ~~scap. Nark b Inderelaotl vN Y b W I aclwect 5m1 dIG01110 ar sy c1ar~Kallan rw/bd Thsr. wlll b ro odtll! n'~ blo! N by b.sl cb/Md prbr b bN blMaY. N z. fa» r rofnlaafko d eep.r olY can .b kon. prYr b k. Cal 6A-X34-000] for bcatbn d .Mkkyy wrd bin. PFNa1P KN till b Iacaf W m dbqpIyr aro C414 bGf can b bcaMO bpyl brdar ~ alNr wn~ nro is Gontfacfar Y rnpwsbb W locatng aAf tbMy Ym b contrvctbn 3. artl pof .NVdWrs er b Me1rd god.. 4. Ykatlt b M backlnl.tl b 4 . lls. WbN fop d wb. 3. ly Y .trw4 a'I b b. cl/al d MbrY artl dt a n a tl A NnY. b. v ~ p to t b n .(hr~pprl tacnal~by rwlan Garllyd b b rFrovW. ~ MNNIC 6N2 f•yp~ 1. II WWb.d a'/w ar. b fs ~~an0 M.tl/tl~~.dsd a~ it W Nofered m nsstltl fa kn and M ] gcNkg waeon. . Y 1N 1p. PROPOSED LANDSCAPE PLAN 4 N Attachment 7 T IS MR(lOT TTPE SZD BASE GQRff! 6• IMDOT f.LA55 5 BA E urr r vrr ner• n F 7 0. w~oo7 eefz ca¢raETe cwa _ ~ ~p~(1{~~ LI6H71N6 yR o~ a ~ 4~ avw IS9 /mtbd sldr Or~.r~to w4cRleAw~p Mh a• poM. D4 Totd Stolle (IrctMFg 1 lb~GlGCp) (11y1 Re~lrp ~KYtFy lot a on plm SO RRur pvktg stdr SITE PLAN (AND PROPOSED PARKING A D PAVING PLAN) N W E S w.~ic xue 0 b 1W f]0 4 N Attachment 8 MAPLEWOOD CI7 7:08 P.M., Monday, Council Chambers, Mi Meeting No. a. b. c. d. 7:30 p.m. (8:51 p.m.) Hmong Alliance ~ A. Conditional Use Permit Revision B. Design Approval City Manager Fursman presented the Associate Planner Roberts presented Jackie Monahan-Junek presented the P Mayor Cardinal opened the public following persons were heard: Kao Lee, representing the church, 2415 C Chou Vang, youth worker for the church, Dick DuFresne, 1721 Desoto Street, Map Audrey Duellman, 1843 Desoto Street, N Dick Friemuith, 1802 Burr Street, Maplev James Evans, 1796 Burr Street, Maplewo~ Kevin Berglund, 1929 Kingston Avenue, Sullivan Kong, member of the Hmong Al Ge Her, 1391 Bradley Street, Maplewood Ye Her, 1768 McMenemy, Maplewood Christine Le, Member of the Church Jim Benshoof, Benshoof and Associates, Barry Morgan, Master Engineering, 2104 Kao Lee, second appearance Kevin Berglund, second appearance Dick DuFresne, second appearance Councilmember Koppen RESOL CONDITIONAL USE Pl? WHEREAS, the St. Paul Hmong Alliance C use permit because of their plans to enlarge their Street and to add a playground to theft property. WHEREAS, this permit allows':he church WHEREAS, this permit applies to 1770 Except South 95 feet of West 16 ~ feet and except West 167 feet and except East I00 feet; COUNCIL ly 08, 2002 cipal Building -14 (1770 McMenemy Street) from the report. Commission Report. calling for proponents or opponents. The press, Maplewood 15 Kingston Avenue, Maplewood Church from St. Paul c, addressing the traffic report they submitted "' Avenue South, Minneapolis, for the Church at 1 N 02-07-127 C REVISION RESOLUTION applied for a revision to their conditional i parking lot, to add a driveway to Desoto Sunday school. Street. The legal description is: ;ept East 200 feet; the North 5 acres and North 4 feet of South 5 acres; being in North 9 10 acres of Southwest 1/4 of Southwest 1/4 (subj~ct to road and easements) in Section 27, Township 29, Range 22. Commencing at a point on the West line point being 166.98 feet South from the Northwe: 1/4 of Section 17; running thence East and parall Section 1308.4 feet to the intersection with the E running South along the East line of said quarter West and parallel with the North line of said qua intersection with the West line of said Section; tl 166.98 feet to the place of beginning; excepting ~ land described in Document No. 2137431. WHEREAS, the history of this conditional use 'Section 17, Township 29, Range 22, said corner of the Southwest 1/4 of the Southwest with the North line of said quarter quarter >t line of said quarter quarter Section, thence uarter Section 166.98 feet; thence running er quarter Section 1308.4 feet to the nce running North along said last named line erefrom the West 342 feet thereof; and except it is as follows: 1. On November 24, 1986, the city council granted ~ conditional use permit for a church at this location. 2. On June 17, 2002, the planning commission re~ permit revision, except the addition of the new 3. The city council held a public hearing on July 8, and sent notices to the surrounding property owr everyone at the hearing a chance to speak and pr considered reports and recommendations of the ~ NOW, THEREFORE, BE IT RESOLVED conditional use permit revision, because: The use would be located, designed, maintained, with the city's comprehensive plan and code of o 2. 3. 4. The use would not change the existing or ded that the city council approve this y to Desoto Street. ~2. City staff published a notice in the paper as required by law. The council gave it written statements. The council also staff and planning commission. the city council approves the above-described and operated to be in conformity character of the surrounding area. The use would not depreciate property values. The use would not involve any activity, process, that would be dangerous, hazardous, detrimental, property, because of excessive noise, glare, smok drainage, water run-off, vibration, gener~.l unsigh aerials, equipment or methods of operation sturbing or cause a nuisance to any person or dust, odor, fumes, water or air pollution, r~ess, electrical interference or other nuisances. 5. 6. 7. 8. The use would generate only minimal vehicular t traffic congestion or unsafe access on existing or The use would be served by adequate public i fire protection, drainage structiues, water and The use would not create excessive additional The use would maximize the preservation of and into the development design. on local streets and would not create sed streets. ties and services, including streets, police and er systems, schools and parks. for public facilities or services. the site's natural and scenic features 10 9. The use would cause minimal adverse environme>htal effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approv d by the city. The director of community development may approve minor changes. This a proval includes the parking lot expansion, and the proposed playground. 2. The proposed construction must be substantially tarted within one year of council approval or the permit shall become null and void. The coun it may extend this deadline for one year. 3. Regularly maintain the grounds and pick up all ~ screening fences along the north side of the site. is as well as maintain the decorative wood 4. The city council shall review this permit in one 5. The city council may require additional parking if a parking shortage develops. 6. The plans for the driveway to Desoto Street, the ture church addition and future gymnasium are not approved. These shall be submitted to th City Council for approval of a revised conditional use permit. 7. The city council may require the church to make hanges to the site, including closing the new driveway to Desoto Street, if the council deems i necessary or prudent, during future reviews of the conditional use permit. 8. The church shall provide adequate screening of adjacent homes by planting, berming or both. new parking lot and the new driveway from Seconded by Councilmember Wasiluk Councilmember Koppen moved to approve the d~ playground for St. Paul Hmong Alliance Church. This approval is subject to the following conditions: 1. Repeat this review in two years if the city has 2. Before starting the construction of the parking approval the following plans: Ayes-All issued a permit for this expansion. and the new driveway, provide for staff a. A revised landscape plan that shows the fo (1) Significant screening and landscaping along the south side of the parking lot and the new driveway tc Desoto Street in the areas next to the adjacent houses. Such screening shall l;e at least six feet tall d be 80 percent opaque and maybe accomplished v~ith a fence, berming o trees. (2) The use of native turf for the propose.c~ ponding areas with additional landscaping in and around the eastern pond. 11 b. Provide a grading, drainage, utility and erosio control plan to the city engineer for approval. The erosion control plan shall meet ordinanc requirements and all the plans shall meet the requirements of the city engineer. If the gradi g plan shows the elimination of any mature trees (eight inches in caliper or more), the app icant shall replace these trees in accordance with the woodland protection ordinance. c. A revised lighting plan that shows the style height of the proposed parking lot lights. The lights cannot be more than 25 feet in height as measured from the ground grade to the top of the luminary. The plan also must show that th lighting would not exceed the maximum illumination as allowed by code (0.4-foot-can les) at the property lines. d. A trash container enclosure plan that includes ~a fence that is at least 6 feet tall and a gate that is 100 percent opaque. e. A playground layout plan that includes the to 1. Resod the lawn that is disturbed by 2. Restripe the driveway onto McMenemy and style of playground equipment. activities. to include a turn lane. 3. Construct the required trash container enclo 4. Install a stop sign and speed bumps on the driveway to Desoto Street. 5. If any required work is not done, the city may~allow temporary occupancy if a. The city determines that the work is not b. The city receives a cash escrow or an irre The amount shall be 150% of the cost of to the public health, safety or welfare. able letter of credit for the required work. unfinished work. 8. All work shall follow the approved plans. approve minor changes. Seconded by Councilmember Wasiluk director of community development may Ayes-All Councilmember Koppen moved to deny the Seconded by Councilmember Collins Ayes-All Denial of driveway request is because of concern hat Desoto is not currently designed/built to carry additional traffic. When improvements are Tanned and completed on Desoto Street, the church could then make a request for an access. City Manager Fursman noted that if additional de ign features are made for the McMenemy entrance, those could be bought back to the staff or modification. 12 MEMORANDUM Agenda G6 TO: City Manager FROM: Rose Lorsung, Planning Intern SUBJECT: Conditional Use Permit Review -Oversized Accessory Structure LOCATION: 1481 Henry Lane DATE: 7/14/2004 INTRODUCTION The conditional use permit (CUP) for Gary Schlomka's oversized accessory structure is due for review. This CUP allowed Mr. Schlomka to construct a 48-foot by 66-foot (3,168 square foot), 18.5-foot high metal pole barn on his residential property at 1481 Henry Lane. BACKGROUND May 28, 2002: the city council approved Gary Schlomka'$ request for a CUP to construct an oversized accessory structure on his residential property at 1481 Henry Lane. The CUP was approved with five conditions (see attached minutes). July 28, 2003: The city council approved aone-year extension of the CUP (see attached minutes). DISCUSSION A condition of Mr. Schlomka's CUP was that he remove Hive detached accessory structures and clean the site of all old automobiles and other junk items Nvithin two years of the original CUP approval (May 28, 2004). Mr. Schlomka and his son have removed several items but none of the five detached accessory structures. Upon contacting] Mr. Schlomka it was discovered that the entire property is under a purchase agreement for sable by Co Par Development. Mr. Schlomka estimates that he will move from the property in the spring of 2005 with development of the land to follow. Recommendation Review the CUP at 1481 Henry Lane again in one year. p:sec24-28\1481 Henry-Gary Schlomka 2004 CUP Review Attachments: 1. Location Map 2. Site Plan 3. City Council Minutes May28, 2002 4. City Council Minutes July 22, 2003 Attachment ~ Ramsey County Op~n Space W }+ 1501 Henry Ln c 1481 Henry Ln o°` L 1 ^ ' ~_ ~~ ~ ~~~ Nom ~1` ~.oc~~ ~ ~ ~' Ramsey County Open Space N W E S 1481 ~-ienry Ln ~ _ Q~ r ~ 1 ~ 7 ~`"'~ 1461 Henry Ln ~,h ~J~b~ , 1525 Sterling St I ~' Location Map 2 ~~„, Attachment ~' ash C~ree k ,,.~: ~ ~"he. ~ zyos~'. ~ or-}h -__ .____ ~~~~ ~ ; ~~ ~'. ,~~. ..._ ~~ r: N W E S ~~ ~I d ,~~ i ~o ~ I-yqy -ro -rhe ~, ~5fi '^ ~ e an 3 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May:, 28, 2002 Council Chambers, Municipal Building Meeting No. 02-11 7:00 Conditional Use Permit-Oversized Accessory Building (Schlomka)-1481 Henry Lane a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Larry Schlomka, 1481 Henry Lane, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Wasil 48-feet by 66- RESOLUTION 02-OS-095 CONDITIONAL USE PERMIT RESOX..UTION WHEREAS, Gary Schlomka is requesting that City of Maplewood approve a conditional use permit to build a 48-foot by 66-foot, 3,168 square foot, and 18.5-foot high (metal storage building storage building on his property. WHEREAS, this conditional use permit applies to the property at 1481 Henry Lane. The property identification number is 24-28-22-31-0017 and the legal description is: Section 24, Township 28, Range 22, Except the North SOb feet, part lying 22. WHEREAS, the history of this conditional use permit is ~s follows: On May 6, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The city council opened the public hearing and allowed everyone at the hearing a chance to speak and present written statements. The city council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit based on the building and site plans. The icity approves this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity 4 with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant shall obtain all necessary building permits prior to resuming construction of the pole barn. 3. Within two years of the issuance of the CUP, the applicant will remove five detached accessory structures from the property as shown on the approved site plan and described as follows: the two garages located on the east side of the property, the machine shed, the garden shed and the wood shed. The applicant shall also clean the site of all old automobiles and other junk items, as well as clean the Ramsey County Open Space Fish Creek area to the north of all old automobiles dumped there years ago. 4. The pole barn shall not be used for commercial or business activities, other than agricultural related uses as specified in the Farm Residence zoning district, unless the city council approves such a request. 5. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Kopper Ayes-All 4. Maplewood Athletic Association-Food Permit Fee Waiver Waived the $46.00 food permit fee for The Maplewood Athletic Association for their end of the year youth baseball tournament on Tuly 25-27~', 2003 at Harvest Park. Minnesota Waldorf School-Temporary Gambling Resolution Approved the temporary gambling permit to conduct a raffle to Dan Odegard, on behalf of the Minnesota Waldorf School to be used on November 22, 2003 form 10:00 a.m. to 4:00 p.m. RESOLUTION OS-07-140 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Minnesota Waldorf School. 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. 6. Conditional Use Permit Review-Bruentrup Fanm (2170 County Road D) Approved to review the conditional use permit for the Bruentrup Heritage Farm at 2170 County Road D if the city proposes a change or expansion to the facility. 7. Conditional Use Permit Review-Hmong Alliance Church (1770 McMenemy Street) Approved to review the conditional use permit for the Hmong Alliance Church at 1770 McMenemy Street again in one year or if the owner proposes a major change. Conditional Use Permit Review-Over-sized Accessory Structure (1481 Henry Lane) Approved to review the conditional use permit for Gary Schlomka's oversized accessory structure at 1481 Henry Lane again in one year to ensure compliance with all required conditions. 9. Conditional Use Permit Review-Goodrich Golf Course Clubhouse (1820 Van Dyke Street) Approved to review the conditional use permit for Goodrich Golf Course Clubhouse at 1820 Van Dyke Street again if the applicanit proposes a change to the golf course or building. Councilmember Wasiluk moved to approve the consent agenda items as vresented City Counci107-22-03 AGENDA NO. G-7 AGENDA REPORT TO: City Manager FROM: Human Resource Director RE: Retiree Health Savings Plan Revision DATE: July 8, 2004 BACKGROUND In April of 2004, the City's health plan were required to adopt a number of changes due to the passage of HIPAA (Health Insurance Portability & Accountability ACT). It has recently been determined that the Retiree Health Savings Plan is considered a health plan under this act and the plan requires an amendment to comply. I have worked with an outside benefits attorney who specializes in complex benefits issues and she has prepared an amendment to comply with HIPAA. RECOMMENDATION It is recommended that the City Council approve the attached Amendment to the City of Maplewood Retiree Medical and Dental Expense Reimbursement Plan (also called the Retiree Welfare Benefit Plan). Amendment No. 1 City of Maplewood Retiree Medical and Dental Expense Reimbursement Plan Pursuant to Section 8.02 of the City of Maplewood Retiree Medical and Dental Expense Reimbursement Plan (the "Plan"), the City of Maplewood amends the Plan as follows: Article 1. The following Article shall be added as the last Article of the Plan: ARTICLE X. HIPAA PRIVACY PROVISIONS Effective April 14, 2004, the Privacy Rules under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") apply to this Plan. For purposes of this Section, "Employer" refers to the employer as the Employer and as the entity capable of acting on behalf of the covered entity, the Plan. 10.01 Protected Health Information ("PHI"). Protected health information ("PHI") is health information that: (a) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; (b) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (c) Either identifies the individual or reasonably could be used to identify the individual. 10.02 Use and Disclosure of PHI. The Plan will use PHI to the extent of and in accordance with the uses and disclosures permitted by HIPAA. Specifically, the Plan will use and disclose PHI for purposes related to health care treatment, payment for health care and health care operations. The Plan will also use and disclose PHI as required by law and as permitted by authorization of the subject of PHI. (a) Payment includes activities undertaken by the Plan to obtain premiums or determine or fulfill its responsibility for coverage and provision of Plan benefits that relate to an individual to whom health care is provided. These activities include, but are not limited to, the following: (1) Determination of eligibility, coverage example, cost of a benefit, plan determined for an individual's claim); (2) Coordination of benefits; and cost sharing amounts (for maximums and co-payments as 2 (3) Adjudication of health benefits claims (including appeals and other payment disputes); (4) Subrogation of health benefit claims; (5) Establishing employee contributions; (6) Risk adjusting amounts due based on enrollee health status and demographic characteristics; (7) Billing, collection activities and related health care data processing; (8) Claims management and related health care data processing, including auditing payments, investigating and resolving payment disputes and responding to participant inquiries about payments; (9) Obtaining payment under a contract for reinsurance (including stop-loss and excess of loss insurance); (10) Medical necessity reviews or reviews of appropriateness of care or justification of charges; (11) Utilization review, including pre-certification, preauthorization, concurrent review and retrospective review; (12) Disclosure to consumer reporting agencies related to the collection of premiums or reimbursement (the following PHI may be disclosed for payment purposes: name and address, date of birth, Social Security number, payment history, account number and name and address of provider and/or health Plan; and (13) Reimbursement to the Plan. (b) Health care operations include, but are not limited to, the following activities: (1) Quality assessment; (2) Population-based activities relating to improving health or reduction 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; (3) Rating provider and Plan performance, including accreditation, certification, licensing or credentialing activities; (4) Underwriting, premium rating and other activities relating to the creation , 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); 3 (5) Conducting or arranging for medical review, legal services and auditing function, including fraud and abuse detection and compliance programs; (6) Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the Plan, including formulary development and administration, development or improvement of payment methods or coverage policies; (7) Business management and general administration activities of the Plan, including, but not limited to: a. Management activities relating to the implementation of and compliance with HIPAA's administrative simplification requirements; b. Customer service, including data analyses for policyholders; (8) Resolution of internal grievances. (9) 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 under HIPAA or following completion of the sale or transfer, will become a covered entity. 10.03 Plan Sponsor's Obligations. Under HIPAA, the Plan may not disclose PHI to the Plan Sponsor (as defined by the Privacy Rules under HIPAA) unless the Plan Sponsor agrees to certain conditions. As the Plan Sponsor, the Employer agrees to the following conditions, thereby allowing the Plan to disclose PHI to the Employer. The Employer will: (a) Not use or further disclose PHI other than as permitted or required by the Plan document or as required by law; (b) Ensure that any agents, including a subcontractor, to whom the Plan provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Plan Sponsor with respect to such PHI; (c) Not use or disclose PHI for employment related actions and decision unless authorized by an individual; (d) Not use or disclose PHI in connection with any other benefit or employee benefit plan of the Plan Sponsor unless authorized by an individual; (e) Report to the Plan any PHI use or disclosure, that is inconsistent with the uses or disclosures provided for, of which it becomes aware; (f) Make available to an individual for inspection and copying PHI about the individual as allowed by and in accordance with HIPAA; 4 (g) Make PHI available for amendment and incorporate any amendments to PHI in accordance with HIPAA; (h) Make available the information required to provide an accounting of disclosures; (i) Make internal practices, books and records relating to the use and disclosure of PHI received from Plan available to the HHS Secretary for the purposes of determining the Plan's compliance with HIPAA; and, (j) If feasible, return or destroy all PHI received for the Plan that the Plan Sponsor still maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible). 10.04 Adequate separation between the Plan and the Employer must be maintained. In accordance with HIPAA, only the following employees or classes of employees may be given access to PHI: (1) The Human Resource Director, and, (2) Staff designated by the Human Resource Director. 10.05 Limitation of PHI Access and Disclosure. The persons described in Section 10.04 above may only have access to and use and disclose PHI for Plan administration functions that the Employer performs for the Plan. 10.06 Noncompliance Issues. If the person described in Section 10.04 above does not comply with this Plan document, the Employer shall provide a mechanism for resolving issues of noncompliance, including, but not limited to, disciplinary sanctions. Article 2. This Amendment No. 1 shall be effective April 14, 2004. IN WITNESS WHEREOF, the City of Maplewood has caused its name to be hereto subscribed on this day of , 2004. CITY OF MAPLEWOOD By: Its: 5 AGENDA NO. G-8 AGENDA REPORT TO: City Manager FROM: Human Resource Director RE: HIPAA Compliance DATE: July 8, 2004 BACKGROUND In April of 2004, the City was required to ensure that our covered health plans (employee health and dental, long-term care, employee assistance, retiree health savings, the police and fire fitness plan and the healthcare flex plan) comply with HIPAA (Health Insurance Portability & Accountability ACT). One of the primary purposes of HIPAA is to protect the privacy of participants of healthcare plans. Compliance required the development of a large number of policies and procedures, designation of a privacy officer, declaration of the City's intent to comply with HIPAA for the City's covered health plans, amendment of a number of outside service agreements requiring the contractors to comply with HIPAA, revision of health plan documents by the City and its service providers, and adoption of a notice of privacy practices. I have worked with the League of Minnesota Cities, and a contracted benefits attorney recommended by the League, to perform this work. Although there undoubtedly will be revisions in the future, I believe most of the requirement are met. I have attached a resolution and proposed policies and procedures for your adoption. After approval, I will distribute the Notice of Privacy Practices and the attached resolution to all participants and will continue to train human resource, payroll and IT staff on the requirements. RECOMMENDATION It is recommended that the City Council approve the attached Resolution and policies and procedures to comply with HIPAA retroactive to April 14, 2004. A RESOLUTION ACKNOWLEDGING THE CITY OF MAPLEWOOD'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT WHEREAS, the City Council of the City of Maplewood is the official governing body of the City of Maplewood; and, WHEREAS, the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires that all health plans implement regulations for the purposes of ensuring the portability of health care coverage when moving to a new job, reducing paperwork by conducting electronic payment transactions, and securing the privacy of individual protected health information; and WHEREAS, the City of Maplewood, in limited functions, acts as health plans for employees and is therefore subject to HIPAA regulation; and WHEREAS, HIPAA regulations require that the City designate itself as a covered entity; and WHEREAS, the City is required to develop internal policies and procedures to carry out all HIPAA regulations; and WHEREAS, the City must name a Privacy and Complaint Official to respond to HIPAA-related questions or grievances for our covered employee health plans; and WHEREAS, HIPAA regulations require that the City provide affected health plan participants with a Notice of Privacy Practices, informing them of their privacy rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD IN REGULAR MEETING ASSEMBLED, that the City of Maplewood is designated as a Covered Entity under the Federal Health Insurance Portability and Accountability Act of 1996; and BE IT FURTHER RESOLVED that the City hereby adopts an Organized Health Care Arrangement to include: Health Care Flex Plan -Medical Reimbursement Portion, Retiree Health Savings Plan, Long Term Care Insurance, Health and Dental Insurance, Employee Assistance Plan and the Police and Fire Fitness Plan; and BE IT FURTHER RESOLVED that the City hereby adopts the City of Maplewood's Privacy of Protected Health Information Policies and Procedures; and BE IT FURTHER RESOLVED that the Human Resource Director is appointed to serve as the Privacy and Complaint Official on behalf of the City of Maplewood in enforcing the HIPAA regulations related to the Organized Health Care Agreement; and BE IT FURTHER RESOLVED that, in compliance with HIPAA regulations, the City hereby adopts the City of Maplewood Notice of Privacy Practices as referenced in the April 14, 2004 HIPAA Protected Health Information Policy and Procedures Manual; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a copy of this Resolution to be published in the official newspaper of the City. Passed and adopted this day of 2004. Mayor ATTEST: City Clerk HIPAA POLICIES & PROCEDURES AND ADMINISTRATIVE FORMS TABLE OF CONTENTS 1. HIPAA Privacy Policies & Procedures Overview (Policy & Procedure) 2. HIPAA Privacy Officer (Policy & Procedure) 3. Notice of Privacy Practices (Policy & Procedure) a. Notice of Privacy Practice far Organized Health Care Arrangement (Administrative Farm) 4. Use of Disclosure of PHI far TPO Purposes (Policy & Procedure) 5. Minimum Necessary Standard (Policy & Procedure) 6. Individual's R ights to Access and Copy PHI (Policy & Procedure) a. Request to Access Own PHI (Administrative Farm) b. Crrant of Request to Access Own PHI (Administrative Farm) c. Notification of Additional Time to Respond to Access to Own PHI (Administrative Farm) d. Denial of Request to Access Own PHI (Administrative Farm) e. Access Request Tracking Log (Administrative Farm) 7. Amendment of PHI (Policy & Procedure) a. Request far Amendment of PHI Request (Administrative Farm) b. Crrant of Amendment of PHI Request (Administrative Farm) c. Notification of Additional Time to Respond to Amendment of PHI (Administrative Farm) d. Denial of Request far Amendment of PHI (Administrative Farm) e. Notice to Others of Amendment of PHI (Administrative Farm) f. Requestar's List of Person's ar Entities to Be Notified of Amendment (Administrative Farm) g. Amendment Request Tracking Log (Administrative Farm) 8. Accounting of Disclosures of PHI (Policy & Procedure) a. Request far An Accounting of Disclosures (Administrative Farm) b. Accounting of Disclosures of PHI (Administrative Farm) c. Notification of Additional Time to Respond to Accounting Request (Administrative Farm) d. Notification of Charges for Second Request in 12 Month Period (Administrative Form) e. Accounting Request Tracking Log (Administrative Farm) f. Disclosure Tracking Log (Administrative Farm) 9. Verification P riar to Disclosure of PHI (Policy & Procedure) a. Disclosure Tracking Log (Administrative Farm) 10. Individual Requested Restrictions of Use ar Disclosure of PHI (Policy & Procedure) a. Request to Restrict Certain Uses and Disclosures (Administrative Farm) b. Response to Request to Restrict Certain Uses and Disclosures (Administrative Farm) 11. Individual Requested Restrictions on Confidential Communications (Policy & Procedure) a. Request for Confidential Communications (Administrative Form) b. Restricted Uses and Confidential Communication Request Tracking Log (Administrative Form) 12. Privacy Complaint Procedure (Policy & Procedure) a. Privacy Complaint Form (Administrative Form) b. Response to Privacy Complaint (Administrative Form) c. Complaint Tracking Log (Administrative Form) 13. Authorization for Use or Disclosure of PHI (Policy & Procedure) a. Authorization for Use or Disclosure (Administrative Form) 14. Revocation of an Authorization (Policy & Procedure) a. Revocation by Subject of Protected Health Information (Administrative Form) 15. Business Associates and Business Associate Agreements (Policy & Procedure) 16. Retention of PHI Documentation (Policy & Procedure) 17. HIPAA Privacy Training Program (Policy & Procedure) a. Acknowledgment of Training Attendance (Administrative Form) 18. Personal Representative (Policy & Procedure) a. Designation of Personal Representative (Administrative Form) 19. Coordination with Other Laws (Policy & Procedure) 20. Disclosures to Plan Sponsor (Policy & Procedure) 21. Duty to Mitigate (Policy & Procedure) 22. Discipline Policy (Policy & Procedure) 23. Administrat 1. 2. 3. 4. 5. 6. ive Safeguards (Policy & Procedure) Computer Terminals/Workstations (Policy & Procedure) Electronic Mail System (E-mail) (Policy & Procedure) Facsimile Machines (Policy & Procedure) Copy Machines (Policy & Procedure) Mail -Internal and External (Policy & Procedure) Storage of Documents (Policy & Procedure) HIPAA Privacy Policies and Procedures Overview Policy Statement HIPAA requires covered entities to have policies and procedures reflecting HIPAA's privacy mandates. The Health Plan, as a covered entity, has developed administrative policies and procedures reflecting the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations. Polic,, I~pretation and Implementation HIPAA Policies and Procedures 1. HIPAA requires covered entities to have policies and procedures to ensure compliance with HIPAA's regulations. A health plan is a "covered entity' under HIPAA. Consequently, the Health Plan is responsible for the research, development, implementation, monitoring and maintenance of the Health Plan's HIPAA privacy policies and procedures. Health Plan 2. HIPAA defines a "health plan" as an individual or group health plan that provides or pays the cost of medical care, including, but not limited to, employee welfare benefit plans covered by ERISA, health insurers, HMOs, group health plans, and many public benefit programs (Medicaid, Medicare, etc.). Revisions to HIPAA Policies and 3. The Health Plan's HIPAA privacy policies and procedures may Procedures be revised at any time, in order to comply or enhance compliance with HIPAA. Distribution of Revisions to HIPAA 4. Any revisions to the Health Plan's HIPAA privacy policies and Policies and Procedures procedures will be distributed to individual's family members, representatives, employees, business associates, etc., within five (5) working days of the release of such revisions. Policy Inquiries 5. Inquiries relative to HIPAA policies and procedures should be directed to the HIPAA Privacy Officer. Specific Policies and Procedures 6. The Health Plan's specific policies and procedures have been created in order to satisfy HIPAA's requirements. Organized Health Care Arrangement 7. HIPAA recognizes Organized Health Care Arrangements (OHCA) (OHCAs). An OHCA can exist when an employer sponsors more than one health plan that is a covered entity. Being part of an OHCA allows the covered entities to satisfy the HIPAA privacy requirements together, as if they are a single covered entity. The following covered entities are designated as an OHCA: City of Maplewood Healthcare Flex Plan (Reimbursement Portion) Employee Health and Dental Insurance Plans Long-term Care Insurance Employee Assistance Plan Police and Fire Fitness Program Maplewood Retiree Health Savings Plan Far purposes of these HIPAA privacy policies and procedures, "Health Plan" means the OHCA designated above. Third Party Service Providers 8. Nothing precludes the Health Plan from contracting with a third party service for assistance in complying with the Health Plan's HIPAA privacy policies and procedures. Other Laws 9. In addition to HIPAA, covered entities maybe subject to other laws that address the privacy of health information, including, but not limited to, the Minnesota Data Practices Act. HIPPA establishes afloor -the minimum requirements with which a covered entity must comply. To the extent the requirements of any other law provide more protection to the subject of the health information, those requirements will apply. Record Retention HIPAA Privacy Officer Violations Effective Date 10. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. 11. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. If you have a question or concern about your HIPAA rights contact the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. 12. Violations of this policy will be subject to discipline. 13. April 14, 2004 References: 45 C.F.R. § 164.501 HIPAA Privacy Officer Policy Statement A HIPAA Privacy Officer has been designated by this Health Plan to be responsible far the development and implementation of this Health Plan's HIPAA policies and procedures. Polic,, I~pretation and Implementation Appointment of HIPAA Privacy 1. The Health Plan has appointed the Human Resource Director, Officer as the Health Plan's HIPAA Privacy Officer. HIPAA Privacy Officer's 2. The HIPAA Privacy Officer's responsibilities include: Responsibilities a. Assisting management in the development, implementation, and updating of the Health Plan's HIPAA policies and procedures; b. Performing periodic privacy risk assessments; c. Development of security procedures and guidelines for the protection of the Health Plan's information systems; d. Assisting management in the assigning of passwords and user identification codes for access to protected health information (PHI) by authorized users; e. Receiving complaints concerning the Health Plan's HIPAA policies and procedures; f. Receiving complaints concerning the Health Plan's compliance with its established policies and procedures; g. Maintaining a complaint tracking log; h. Assisting in obtaining use and disclosure of PHI authorizations; i. Assisting in the development of training materials and training to ensure that relevant staff are well trained in matters relating to the use and disclosure of protected health information (PHI); j. Providing staff, individuals, business associates, government agencies etc., with information relative to the Health Plan's HIPAA policies and procedures; and k. Working with the Health Plan's legal counsel on matters relative to HIPAA. Delegation 3. The HIPAA Privacy Officer may delegate certain job functions to be performed by other individuals; however, the ultimate responsibility for compliance with HIPAA remains with the HIPAA Privacy Officer. Record Retention 4. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 5. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 259- 2053. Violations 6. Violations of this policy will be subject to discipline. Effective Date 7. April 14, 2004. References: 45 C.F.R. § 164.530(a) Notice of Privacy Practices Policy Statement Each individual that is the subject of Protected Health Information (PHI) must receive a Notice of Privacy Practices (NPP) describing (1) the uses and disclosures of his/her PHI that maybe made by or on behalf of the Health Plan, (2) the individual's rights, and (3) the Health Plan's legal duties with respect to the individual's PHI. Polic,, I~pretation and Implementation Issue of NPP 1. Individuals who are covered under the Health Plan will be provided with a copy of the Health Plan's NPP; Content of NPP 2. NPPs must be prepared in easy to read language and contain, as a minimum, the following elements: a. A statement indicating how medical information about the individual maybe used and disclosed and how the individual can obtain access to such information; b. A description, including at least one example, of the types of uses and disclosures that the Health Plan is permitted to make for purposes of treatment, payment and healthcare operations, with sufficient detail to place an individual on notice of the uses and disclosures permitted or required; c. A description of each of the other purposes for which the Health Plan is permitted or required to use or disclose PHI without the individual's consent or authorization, with sufficient detail to place an individual on notice of the uses and disclosures permitted or required; d. A statement that other uses or disclosures will be made only with the individual's written authorization, and that the authorization maybe revoked in accordance with the policy on authorization; e. A statement of the individual's rights with respect to his/her PHI, and a brief description of how the individual may exercise those rights, including: i. The right to request restrictions on certain uses/disclosures of PHI, and the fact that the Health Plan does not have to agree to such restrictions; ii. The right to receive confidential communications of PHI; iii. The right to inspect and copy PHI; iv. The right to amend PHI; v. The right to receive an accounting of disclosures of PHI; and vi. The right to receive a paper copy of the privacy notice. f. A statement of the Health Plan's duties with respect to PHI, including statements: i. That the Health Plan is required bylaw to maintain the privacy of PHI and to provide individuals with notice of its legal duties and privacy practices; ii. That the Health Plan is required to abide by the terms of its current effective privacy notice; and iii. That the Health Plan reserves the right to change the terms of the notice and make a new notice provision effective for all PHI maintained, along with a description of how the Health Plan will provide individuals with the revised notice. A statement that individuals may complain to the Health Plan and to the Secretary of the U.S. Department of Health and Human Services about privacy rights violations, including a brief statement about how a complaint maybe filed and an assurance that the individual will not be retaliated against for filing a complaint; h. The name, or title, and telephone number of the Health Plan's HIPAA Privacy Officer to contact for further information; The name, telephone number and address of the person designated by the Health Plan to receive complaints regarding the Health Plan's privacy practices; and The effective date of the NPP, which may not be earlier than the date printed or published. Distribution of NPP 3. The Health Plan will distribute the NPPs at the times specified below: a. On the Health Plan's initial compliance date; b. At the time of enrollment in the Health Plan for new enrollees; and c. Within sixty (60) days of a material revision of the NPP to individuals covered by the Health Plan. 4. The NPP will be distributed no less frequently than once every three (3) years. 5. The NPP will be delivered by first class U.S. Mail to the address of record on file with the Health Plan. The NPP will be addressed to the individual, spouse and all dependents covered by the Health Plan. Posting of NPP 6. A copy of the NPP will be posted on the City of Maplewood S-drive. The HIPAA Privacy Officer is responsible for prompt distribution of changes to the privacy notice. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained far a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 8. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 9. Violations of this policy will be subject to discipline. Effective Date 10. April 14, 2004. References: 45 C.F.R. § 164.520 CITY OF MAPLEWOOD ORGANIZED HEALTH CARE ARRANGEMENT NOTICE OF PRIVACY PRACTICES Effective April 14, 2004 This Notice Describes How Medical Information About You May Be Used and Disclosed and How You Can Get Access To This Information. Please Review It Carefully. If you have any questions about this notice, please contact the Privacy Officer: Human Resource Director City of Maplewood 1830 County Road B East (651) 249-2053 ~6sI~ z49-z9go (fax) sherrie.le@ci.maplewood.mn.us Who Will Follow This Notice This notice describes the medical information practices of the City of Maplewood organized health care arrangement ("OHCA") and third parties that assists in the administration of OHCA Plan. For purposes of HIPAA and this notice, the OHCA includes the following: • Maplewood Retiree Health Savings Plan • Employee Health and Dental Insurance Plans • Long-term Care Insurance • Police and Fire Fitness Program • Employee Assistance Plan • Healthcare Flex Plan (Medical Reimbursement Portion) Our Pledge Regarding Medical Information We understand that medical information about you and your health is personal. We are committed to protecting medical information about you. This notice applies to all of the medical records maintained by an OHCA Plan. Your personal doctor or health care provider may have different policies or notices regarding the doctor's use and disclosure of your medical information created in the doctor's office or clinic. This notice tells you about the ways in which we may use and disclose medical information about you. It also describes our obligations and your rights regarding the use and disclosure of medical information. We are required bylaw to: • make sure that medical information that identifies you is kept private; • give you this notice of our legal duties and privacy practices with respect to medical information about you; and • follow the terms of the notice that are currently in effect. How We May Use and Disclose Medical Information About You The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures, we will explain what we mean and present some examples. These examples are not exhaustive. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories. Please note: In most instances, how information is used and disclosed has not changed. The descriptions reflect how the Health Plans that make up the OHCA have traditionally operated. For Treatment (as described in applicable regulations). We may use or disclose medical information about you to facilitate medical treatment or services by providers. We may disclose medical information about you to providers, including doctors, nurses, technicians, medical students, or other hospital personnel who are involved in taking care of you. For Payment (as described in applicable regulations). We may use and disclose medical information about you to determine eligibility for benefits, to facilitate payment for the treatment and services you receive from health care providers, to determine benefit responsibility under an OHCA Plan, or to coordinate OHCA Plan coverage. For example, we may tell your health care provider about your medical history to determine whether a particular treatment is experimental, investigational, or medically necessary or to determine whether the OHCA Plan covers the treatment. We may also share medical information with a utilization review or pre-certification service provider. Likewise, we may share medical information with another entity to assist with the adjudication (legal actions) or subrogation (third party reimbursements) of health claims or to another health plan to coordinate benefit payments. For Health Care Operations (as described in applicable regulations). We may use and disclose medical information about you for other OHCA Plan operations. These uses and disclosures are necessary to run the OHCA Plan. For example, we may use medical information in connection with: conducting quality assessment and improvement activities; underwriting, premium rating, and other activities relating to OHCA Plan coverage; submitting claims for stop-loss (or excess loss) coverage; conducting or arranging for medical review, legal services, audit services, and fraud and abuse detection programs; business planning and development such as cost management; and business management and general OHCA Plan administrative activities. As Required By Law. We will disclose medical information about you when required to do so by federal, state or local law. For example, we may disclose medical information when required by a court order or subpoena. To Avert a Serious Threat to Health or Safety. An OHCA may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. However disclosure would be limited to someone able to help prevent the threat. Special Situations Disclosure to Health Plan Sponsor. Information maybe disclosed to another health plan for purposes of facilitating claims payments under that plan. In addition, medical information maybe disclosed to designated City of Maplewood personnel solely for administering benefits under the OHCA Plan. Organ and Tissue Donation. If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation. Military and Veterans. If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority. Workers' Compensation. We may release medical information about you for workers' compensation or similar programs. These programs provide benefits for work-related injuries or illness. Public Health Risks. We may disclose medical information about you for public health activities. These activities generally include the following: • to prevent or control disease, injury or disability; • to report births and deaths; • to report reactions to medications or problems with products; • to notify people of recalls of products they maybe using; • to notify a person who may have been exposed to a disease or maybe at risk for contracting or spreading a disease or condition; • to notify the appropriate government authority if we believe an individual has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized bylaw. Health Oversight Activities. We may disclose medical information to a health oversight agency for activities authorized bylaw. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws. Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested. Law Enforcement. We may release medical information if asked to do so by a law enforcement official: • in response to a court order, subpoena, warrant, summons or similar process; • to identify or locate a suspect, fugitive, material witness, or missing person; • about the victim of a crime if, under certain limited circumstances, we are unable to obtain the person's agreement; • about a death we believe maybe the result of criminal conduct; and • in emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime. Coroners, Medical Examiners and Funeral Directors. We may release medical information to a coroner or medical examiner. This maybe necessary, for example, to identify a deceased person or determine the cause of death. We may also release medical information about patients of the hospital to funeral directors as necessary to carry out their duties. National Security and Intelligence Activities. We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized bylaw. Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution. Your Rights Regarding Medical Information About You You have the following rights regarding medical information we maintain about you: Right to Inspect and Copy. You have the right to inspect and copy medical information that maybe used to make decisions about your OHCA Plan benefits. To inspect and copy the medical information that maybe used to make decisions about you, you must submit your request in writing to the Privacy Officer. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request. We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. Right to Amend. If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the OHCA Plan. To request an amendment, your request must be made in writing and submitted to the Privacy Officer. In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: • is not part of the medical information kept by or for the OHCA Plan; • was not created by us, unless the person or entity that created the information is no longer available to make the amendment; • is not part of the information which you would be permitted to inspect and copy; or is accurate and complete. Right to an Accounting of Disclosures. You have the right to request an "accounting of disclosures" where such disclosure was made for any purpose other than treatment, payment, or health care operations. To request this list of accounting of disclosures, you must submit your request in writing to Privacy Officer. Your request must state a time period which may not be longer than six years and may not include dates before April, 2004. Your request should indicate in what form you want the list (for example, paper or electronic). The first list you request within a 12 month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. Right to Request Restrictions. You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a surgery you had. We are not required to agree to your request. To request restrictions, you must make your request in writing to the Privacy Officer. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply, for example, disclosures to your spouse. Right to Request Confidential Communications. You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to the Privacy Officer. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted. Right to a Paper Copy of This Notice. You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice. You may obtain a copy of this notice on the S-drive under Human Resources. To obtain a paper copy of this notice, contact the Privacy Officer or any Human Resource Department employee. Changes to This Notice We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice on the City's S-drive. The notice will contain on the first page, in the top right hand corner, the effective date. Complaints If you believe your privacy rights have been violated, you may file a complaint with the OHCA Plan or with the Secretary of the Department of Health and Human Services. To file a complaint with the OHCA Plan, contact the Privacy Officer. All complaints must be submitted in writing. You will not be penalized for filing a complaint. Other Uses of Medical Information Other uses and disclosures of medical information not covered by this notice or the other applicable laws will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you. Use or Disclosure of PHI Policy Statement In order far the Health Plan to use or disclose (including obtaining) protected health information (PHI), the use or disclosure must either (1) fall under the enumerated uses and disclosures allowed without an individual authorization, or (2) the Health Plan must obtain an individual authorization. Polic,, I~pretation and Implementation Definition of PHI 1. Protected Health Information (PHI) means individually identifiable information relating to: a. The past, present or future physical or mental health or condition of an individual; b. The provision of health care to an individual; c. The past, present or future payment for health care provided to an individual. Use and Disclosure not Requiring an 2. PHI may only be used or disclosed without an individual Individual Authorization authorization for treatment, payment, or health care operations (TPO). These purposes include: a. The Health Plan may use or disclose PHI for its own TPO; b. The Health Plan may disclose PHI to another covered entity for the payment activities of that entity; c. The Health Plan may disclose PHI to another covered entity for health care operations activities of the entity that receives the information, if each entity either has or had a relationship with the individual who is the subject of the PHI, the PHI pertains to such relationship, and the disclosure is: i. For health care operations regarding conducting quality assessment and improvement activities, population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives, and related functions that do not include treatment, reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance, health plan performance, credentialing activities; or ii. For the purpose of health care fraud and abuse detection or compliance; d. If the Health Plan participates in an organized health care arrangement (OHCA), it may disclose PHI about an individual to another covered entity that participates in the OHCA for any health care operations activities of the OHCA. Nothing in paragraph 2 prevents the Health Plan from obtaining an individual authorization for use and disclosure of PHI for TPO purposes. Definition of TPO 3. Treatment, Payment anal Health Care Operations (TPO) includes all of the following: a. Treatment means the provision, coordination, or management of health care and related services, consultation between providers relating to an individual or referral of an individual to another provider for health care. b. Payment means activities undertaken to obtain or provide reimbursement for health care, including determinations of eligibility or coverage, billing, collection activities, medical necessity determinations and utilization review. c. Health Care Operations includes functions such as quality assessment and improvement activities, reviewing competence or qualifications of health care professionals, conducting or arranging for medical review, legal services, and auditing functions, business planning and development, and general business and administrative activities. Use and Disclosure for Public Policy 4. PHI maybe used or disclosed without an individual Reasons authorization as required bylaw and far other public policy reasons when specific requirements are met. The situations in which PHI maybe disclosed for public policy reasons include, but are not limited to, situations involving: a. serious threats to health or safety; b. disclosures to health plan sponsor; a organ and tissue donation; d. military and veterans; e. workers' compensation; f. public health risks; g. health oversight activities; h. lawsuits and disputes; i. law enforcement; j. coroners, medical examiners and funeral directors; k. national security and intelligence activities; and 1. inmates. Use and Disclosure Requiring an 5. An individual authorization is required for any use or Individual Authorization disclosure of PHI that is not specifically allowed by the HIPAA privacy regulations (without the individual authorization). These uses and disclosures include, but are not limited to: a. Use or disclosure of psychotherapy notes; b. Use or disclosure of PHI for purposes of marketing, except if the communication is in the form of: i. Face-to-face communication made by the Health Plan to an individual; or ii. A promotional gift of nominal value provided by the Health Plan. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible far the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 8. Violations of this policy will be subject to discipline. Effective Date 9. April 14, 2004. References: 45 C.F.R. §§164.506, 164.508, 164.512 Minimum Necessary Standard Policy Statement Whenever practical/feasible, the Health Plan will make reasonable efforts to limit use and disclosure of protected health information (PHI) to the minimum necessary to accomplish the appropriate intended purpose. Polic,, I~pretation and Implementation Minimum Necessary Standard 1. When using, disclosing or requesting PHI, the Health Plan shall make reasonable efforts to limit PHI to the minimum necessary to accomplish the purpose. Access to PHI 2. The Health Plan requires relevant staff to have access only to the minimum necessary PHI required by their job functions. It is the responsibility of the HIPAA Privacy Officer to limit the access of relevant staff to only the minimum necessary PHI required by their job function. The HIPAA Privacy Officer may delegate certain job functions to be performed by other individuals; however, the ultimate responsibility for compliance with HIPAA remains with the HIPAA Privacy Officer. Where Minimum Necessary Standard 3. Limiting use, disclosure or request of PHI to the minimum Does Not Apply necessary does NOT apply in the following situations: a. Disclosures or requests by a health care provider for treatment; b. Uses or disclosures made to the individual or requested and authorized by the individual; c. Disclosures made to the Secretary of Health and Human Services (HHS) or to the Office of Civil Rights (OCR); d. Uses or disclosures required bylaw; and/or e. Uses or disclosures required for compliance with the Privacy Rule. Disclosures of PHI by 4. From time to time relevant staff of the Health Plan will be asked Health Plan to disclose PHI to other Covered Entities, regulatory agencies, law enforcement authorities and others. Many of these disclosures are permitted or required bylaw and do not require authorization of the individual. Others may require authorization of the individual whose PHI is to be disclosed. Except for those instances identified previously, the Health Plan will apply the minimum necessary standard to all disclosures. Relevant staff of the Health Plan may treat a request for a disclosure as being for the minimum necessary PHI when the request is: A permitted disclosure to a public official who states that the disclosure is the minimum necessary; From another Covered Entity; From a professional who is a member of the Health Plan or is a Business Associate of the Health Plan if he/she states that the information is the minimum necessary needed; and For research purposes when the required documentation is provided. Requests for PHI 5. Relevant staff of the Health Plan must limit requests made by by Health Plan them for PHI to that which is reasonably necessary to accomplish the purpose of the request. Entire Medical Record 6. The Health Plan will not use, disclose or request an entire medical record unless the entire medical record is specifically justified as reasonably necessary. Unjustified use, disclosure or request of an entire medical record will be considered a violation of this policy. The only exception regarding the entire medical record is when the information is provided to persons involved in the treatment of the individual. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 8. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 9. Violations of this policy will be subject to discipline. Effective Date 10. April 14, 2003. References: 45 C.F.R. §§ 164.502(b), 164.514(d) Individual's Rights to Access & Copy PHI Policy Statement Individuals have the right to access and copy their own protected health information (PHI) maintained/retained by the Health Plan, including any business associates on behalf of the Health Plan, in their designated record set (DRS). Polic,, I~pretation and Implementation Definition of DRS 1. A group of records maintained by the Health Plan that are: a. Medical records and billing records about individuals maintained by or far the Health Plan; b. The enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for the Health Plan; or c. Used by or for the Health Plan to make decisions about individuals. 2. The term "record" as used above means any item, collection, or grouping of information that includes PHI and is maintained, collected, used, or disseminated by or for the Health Plan. Individual's Right to Access and 3. An individual generally has a right to access and copy his/her PHI Copy PHI maintained in the DRS. Written Request 4. Request for inspection and copying of PHI must be submitted to the HIPAA Privacy Officer in writing. Time Frame for Retrieval of 5. Insofar as practical, the individual should allow at least thirty (30) Requested PHI days for the Health Plan to obtain requested information. Should an extension be necessary, the individual will be notified of such request. In no case may the extension exceed thirty (30) days. Denial of Access 6. Should the individual be denied access to requested records, a written notice must be provided to the individual indicating such denial and the reason(s) for the denial. Service Fees 7. The following charge(s) maybe assessed for copying services: Per Page Fee: .20 if total copies are more than 5 pages Postage Fee: U.S. standard postal rates Labor Fee: Time required to collect and copy as allowed by the Minnesota Data Practices Act, at hourly rate of employee performing the work. Exceptions 8. Individuals maybe denied access to (1) psychotherapy notes, and (2) information compiled in reasonable anticipation of, or far use in, a civil, criminal, or administrative action or proceeding. Denial of Access Without Right of 9. Denial of access without a right of review may occur: Review a. Where information was compiled in anticipation of litigation; b. Where care was provided under the direction of a correctional institution and provision of access would jeopardize health, safety, or rehabilitation; and c. Where information was collected in the course of research that includes treatment of the individual and the individual agreed to a suspension of the right of access during the research period. Denial in Accordance with Other 10. Access may also be denied in accordance with other applicable law. Applicable Law Denial of Access With Right of 11. Denial of access with a right of review may occur: Review a. Where access is determined by a licensed professional to be likely to endanger life or safety of the individual or another person; and b. Where access is required by the individual's representative and a licensed professional determines that such access is reasonably likely to cause substantial harm. Individual's Right to Review by 12. If the basis for denial of access gives the individual a right to review, Another Licensed Professional the individual has the right to have the denial reviewed by a licensed professional who did not participate in the original denial decision. Such review will be completed within thirty (30) days of such request. The Health Plan will provide the individual with a notice of the reviewer's decision and will comply with the determination to either provide the requested information or deny access to such requested information. Time Frame for Facility to Act Upon 13. The Health Plan will act upon an individual's request for access to Individual's Request for Access his/her DRS no later than thirty (30) days after receipt of such request, unless the time period is extended as described below: a. If the information to be accessed is not maintained or accessible on premises, the Health Plan will act upon such request within sixty (60) days of receipt of such request. b. If the Health Plan is unable to act on the request within the applicable thirty (30) or sixty (60) day period, the Health Plan may extend the time for response by thirty (30) days, provided that the individual is given a written notice of the reason(s) for the delay and the date by which a responsive action will be taken. Denial of Access Notice 14. The Health Plan will provide a timely, written denial of access to the individual when such denials occur. Denial notices will be written in easy-to-read language and will include, as a minimum, the following information: a. The basis for the denial of access; b. Any right of review (as applicable); c. How to file a complaint with the Health Plan; d. The name and telephone number of the person to whom the complaint maybe filed; and e. The address of the U.S. Secretary of Health and Human Services. Access to Requested Information 15. To the extent practical, the individual will be given access to any information requested after excluding the information for which the Health Plan has grounds for denying access. Access to Information Maintained 16. Should the information for which access has been requested be Off Premises maintained off premises or the Health Plan does not maintain/retain such information, but knows where the information is located, the Health Plan will either (a) notify the individual where to direct his/her request for access, or (b) otherwise make arrangements for the individual to access such information. This includes, but is not limited to, information maintained by a business associate on behalf of the Health Plan. Record Retention 17. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 18. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 19. Violations of this policy will be subject to discipline. Effective Date 20. April 14, 2004. References: 45 C.F.R. § 164.524 REQUEST TO ACCESS OWN PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 6, Individual's Right to Access & Copy PHI. You have a right to request access to inspect and to receive copies of your protected health information (°PHI"). Please see the Health Plan's Notice of Privacy Practices or contact the Health Plan's Privacy Official at (651) 249-2053 for more information. Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Your name: Address: Daytime phone number: Please select one: I participate in or am covered under the Health Plan: Health Flex Plan -Police & Fire Fitness Program Long-term Care Insurance -Health Insurance -Retiree Health Savings Plan -Employee Assistance Plan Dental Insurance I am the personal representative of an individual participating in or covered under the Health Plan [name of health plan(s)] (please attach completed Designation of Personal Representative form). Please provide me with the above information dated between and I prefer to review the information in the following manner (please select one): Mailed copy View at City Human Resource Dept. offices Electronic copy (if available) Other (describe on a separate sheet) I agree to accept a summary of the above requested information and to pay a reasonable charge for the costs incurred by the Health Plan in preparing the summary. Please Read Carefully and Sign I understand that the Health Plan will provide the requested inspection or copies if required to do so under applicable law. I also understand that I may be charged for copying and postage in accordance with the Health Plan's Notice of Privacy Practices. Signature Date Please note: Applicable law requires us to respond to you within 30 days after receiving your request, unless the information requested is not maintained at our primary business address, in which case we will respond within 60 days. We are entitled, in certain circumstances, to an additiona130 days in which to respond. We will send you written notice if we determine we will need the additiona130 days. For office use only: Received by: Date: GRANT OF REQUEST TO ACCESS OWN PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 6, Individual's Right to Access & Copy PHI. Dear [participant, beneficiary, or personal representative]: We received your request to access and/or copy your own protected health information ("PHI") on [date]. ACCESS The information to which you requested access will be available as of [date] for your review at [address]. There are questions regarding your request for access. Please call us at (651) 249-2053 so we may discuss the nature and scope of your request. COPIES We have enclosed copies of the information you requested. We are permitted under federal law to recover our reasonable copying and postage costs of $ .Please remit payment by check or money order to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 The records you requested are voluminous or are not in a format that is easily copied and mailed. Please call us at (651) 249-2053 so we may discuss the scope and format of your request, as well as a convenient time and place for you to inspect or obtain a copy of the requested information. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Director NOTIFICATION OF ADDITIONAL TIME TO RESPOND TO ACCESS TO OWN PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 6, Individual's Rights to Access & Copy PHI. Dear [participant, beneficiary, or personal representative]: We received your request to access andlor copy your own protected health information ("PHI") on [date]. We have been unable to respond due to [give reason for delay]. We will respond to your request by [specific date no more than 30 days from original response due date]. Please call us at (651) 249-2053 if you have any questions. Thank you for your patience. Sincerely, Sherrie Le Human Resource Director DENIAL OF REQUEST TO ACCESS OWN PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 6, Individual's Rights to Access & Copy PHI. Dear [participant, beneficiary, or personal representative]: We have reviewed your request to access and/or copy your own protected health information ("PHI"). We are denying your request for the following reasons: We do not maintain [part ofJ the information you requested. That information is maintained by [insert description]. You have no right to appeal this denial. [Part of the <or> The] information you requested is not contained in our designated record sets. This means that we do not use the information you requested to make decisions relating to your health benefits. Accordingly, we are not required to provide it under the federal Privacy Rule. [We will provide you with access to the part of the information you requested that is in our designated record sets.] You have no right to appeal this denial. The Privacy Rule exempts the information you requested from access requests. You have no right to appeal this denial. We have determined that release of the information you request may result in harm to you or someone else. You may appeal this basis of denial If you would like to appeal this determination, you may write to us at: Sherrie Le Human Resource Department City of Maplewood 1830 County Road B East Maplewood, MN 55109 Complaints. You may submit a complaint about this denial to us. If you choose to do so, please direct your complaint as indicated below. Please note that your complaint is not considered an appeal of our denial. You may contact Sherrie Le at (651) 249-2053 for this purpose. You may also submit a complaint about this denial of access to the head of the U. S. Department of Health and Human Services. Your complaint must be in writing, either on paper or electronically, and must include the following information: (1) our name, and (2) a description of the acts or omissions that you believe violate our responsibilities under the Privacy Rule. Your complaint must be filed within 180 days from the date of this letter. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Director z V [~ E-~ ~/1 W d W W V V 4i w, O 4i /LL~~ 1 .~ 0 0 L L 0 0 0 •~ U ~ ~ ~ C ~ ~ ~ cB ~ ~ O /1 L I..L f Amendment of the PHI Policy Statement An individual may amend his/her protected health information (PHI). Polic,, I~pretation and Implementation Amendment of PHI 1. An individual may amend his/her PHI except as outlined below: a. The originator of the record is no longer available; b. The information the individual wishes to amend was not created by the Health Plan; c. The information is not part of the health information record; d. The information contained in the record is accurate and complete; and/or e. The amended information would not be available as provided by current law. Written Amendment Request 2. All requests for amendments to PHI must be submitted to the HIPAA Privacy Officer in writing. Time Frame for Acting Upon a 3. The Health Plan will act upon the individual's request for an Request for Amendments amendment no later than sixty (60) days after receipt of such request. Should the Health Plan be unable to act upon the request within the sixty (60) day period, the individual will be provided with a written notice of the reasons for the delay and the date by which the Health Plan will complete such action. In no case will such extension extend beyond thirty (30) days. Acceptance of Amendment 4. When the Health Plan accepts the amendment, in whole or in part, the Health Plan will: a. Make the requested amendment(s) to the PHI or record that is subject to the amendment(s) or provide a link to the location of such amendment(s); b. Inform the individual that the amendment(s) are accepted and have been made; c. Notify persons/entities authorized by the individual that such amendments have been made and provide copies of such amendments as requested; and d. Notify business associates that such amendments have been made and provide copies of such amendments to business associates as requested. Denial of Amendment Requests 5. Should the Health Plan deny a requested amendment, in whole or in part, the Health Plan will: a. Notify the individual in writing of the denial to make an amendment to his/her PHI. Such denial will include the following information: i. The reason(s) far the denial; ii. Information relative to how the individual may submit a written statement disagreeing with the denial; iii. Information relative to how the individual may request that the amendment and the denial become part of the individual's permanent records; and iv. Information relative to how the individual may file a complaint with the HIPAA Privacy Officer or to the U.S. Secretary of Health and Human Services. b. Include on all notices to the individual the name, title, and telephone number of the contact person or office designated to receive complaints. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 8. Violations of this policy will be subject to discipline. Effective Date 9. April 14, 2004. References: 45 C.F.R. § 164.526 REQUEST FOR AMENDMENT OF PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 7, Amendment of PHI You have a right to request an amendment of your own protected health information (°PHI"). Please see the Notice of Privacy Practices or contact the Health Plan's Privacy Official at (651) 249-2053 for more information. Please submit this form to: Your name: Address: Daytime phone number: Human Resource Director City of Maplewood 1830 County Road B Maplewood, MN 55109 Please select one: I participate in or am covered under the Health Plan Health Flex Plan -Police & Fire Fitness Program Long-term Care Insurance -Health Insurance Retiree Health Savings Plan Employee Assistance Plan Dental Insurance I am the personal representative of an individual participating in or covered under the Health Plan (please attach completed Designation of Personal Representative form if one is not already on fzle). I would like to request an amendment to the following information: The information should be amended in the following manner: I believe this information should be amended because (required): Please Read Carefully and Sign I understand that the Health Plan will agree to my requested amendment unless it may deny the request under applicable law. Signature Date Please note: Applicable law requires us to respond to you within 60 days after receiving your request, unless we send you notification that we will need an additiona130 days to respond. For office use only: Received by: Date: GRANT OF AMENDMENT OF PHI REQUEST Please note: This Administrative Farm relates to the Health Plan's Policy Farm 7, Amendment of the PHI. Dear [participant, beneficiary, or personal representative]: We received your request far amendment of your own protected health infarmation ("PHI") on [date]. We have agreed to comply with your request. Accardingly, we will [append or link the corrected information to the PHI in our possession]. If you like, we will notify persons you believe have received the PHI that is the subject of your amendment request. Please fill out and return the enclosed farm listing the names and, if known, addresses, of those persons ar entities. Please note that you must sign the farm, giving us written permission to disclose this amended infarmation to the people you have listed. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Directar Enclosure NOTIFICATION OF ADDITIONAL TIME TO RESPOND TO AMENDMENT OF PHI Please note: This Administrative Farm relates to the Health Plan's Policy Farm 7, Amendment of the PHI. Dear [participant, beneficiary, or personal representative]: We received your request far an amendment to your own protected health infarmation ("PHI") on [date]. We have been unable to respond due to [give reason for delay]. We will respond to your request by [specific date no more than 30 days from original due date of response]. Please call us at (651) 249-2053 if you have any questions. Thank you far your patience. Sincerely, Sherrie Le Human Resource Directar DENIAL OF REQUEST FOR AMENDMENT OF PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 7, Amendment of the PHI. Dear [participant, beneficiary, or personal representative]: We have reviewed your request for amendment of your own protected health information ("PHI"). Your request is denied for the following reason: We believe the records identified in your request are accurate and complete. [Part of the <or> The] information you requested is not contained in our designated record sets. This means that we do not use the information you requested to make decisions relating to your health benefits. Accordingly, we are not required to amend it under the federal Privacy Rule. We did not create the records identified in your request. If you believe the person or entity that created the record is no longer available to respond to a request for amendment, please notify us and we will reconsider your request. We have determined that the records you identified in your request would not be available for inspection under the "right of access" provisions of the federal Privacy Rule, and therefore are not subject to amendment. If you disagree with our denial, you may submit a written statement setting forth the basis for your disagreement. Your statement may be no longer than 1 page. If you choose not to file a statement of disagreement, you may ask that we include your request for amendment and our denial of your request with any future disclosures of the records at issue. If you wish to pursue either option, please submit in writing (1) your statement of disagreement, or (2) your request that we include in future disclosures your amendment request and our denial of that request to: Sherrie Le, Human Resource Director City of Maplewood 1830 County Road B Maplewood, MN 55109 You may submit a complaint about this denial to us. If you choose to do so, please direct your complaint to Sherrie Le at (651) 249-2053 or in writing as indicated below. Please note that your complaint is not considered an appeal of our denial. Sherrie Le, Human Resource Department City of Maplewood 1830 County Road B East Maplewood, MN 55109 You may also submit a complaint about this denial to the head of the U. S. Department of Health and Human Services. Your complaint must be in writing, either on paper or electronically, and must include the following information: (1) our name, and (2) a description of the acts or omissions that you believe violate our responsibilities under the Privacy Rule. Your complaint must be filed within 180 days of the date of this letter. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Directar NOTICE TO OTHERS OF AMENDMENT OF PHI Please note: This Administrative Farm relates to the Health Plan's Policy Farm 7, Amendment of the PHI. Dear [person or entity in possession of amended protected health information ("PHI")]: Please note that you may have in your recards the following protected health infarmation ("PHI") relating to [name of participant or beneficiary]: [description of PHI] We have amended that PHI as follows: [describe amendment] Please make a note of it in your recards. This notice is being given as required by 45 CFR § 164.526, which is part of the Privacy Rule issued by the U.S. Department of Health and Human Services pursuant to the Health Insurance Partability and Accountability Act of 1996 ("HIPAA"). [Add when notice goes to a business associate.] Under your contract with us, you are a business associate, and as such are required to append ar link this notice ar, if you choose, the amendment described above, to the PHI described. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Privacy Officer [Name Health Plan] REQUESTOR'S LIST OF PERSONS OR ENTITIES TO BE NOTIFIED OF AMENDMENT Please note: This Administrative Form relates to the Health Plan's Policy Form 7, Amendment of the PHI. PERSONS OR ENTITIES TO BE NOTIFIED OF AMENDMENT I authorize the Health Plan to notify the persons or entities listed below of the amendment the Health Plan has made to my protected health information ("PHI"). NAME OF PERSON OR ENTITY I ADDRESS (Please attach additional pages, if needed.) Date: Signature: Printed name: Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 V h~ z V E-~ E-~ ~/1 d W z W A z ^~ a~ tq 0 Z ~. a~ I ', I""'1 ~ ,~; O ~~''''~~ ~• ~~yy i~l V ~j •~ A ~ ~, o w .~ a° ~ ~ ~ ~ ~ ~~ ,~ uIN I""'1 ~ 0 ~ ~O C'., w N N ~-I O w •~ ~ ~, r--~ .~ ~~ y ~ ~ A .~ H O }~ /LLV 1 ~ ~ 0 0 m E 0 U C ^~ L LL ~_ ~_ O i~ 2~ }, ++ L U O ~ ~ O L O O Q ~~ O L ~O ._ ~~ ~~ o m ~ ~- o o ~ U ~ ~~ ~~ ~, a~ a~ ~" ~~ U ~ U ~ ~ U U ~_ ~ ~ O O ~ cB ~ L o~ ~~ o ~~ U ~_ (B ~ - ~ C (~ ~ +J ~ O i C 0 0 ~- ~~ a ~ O ~ ~ ~_'i ~ ~ O O O ~ ~ O ~ U U ~ L ^~ LL N ~ Accounting of Disclosures of PHI Policy Statement Individuals have the right to receive an accounting of disclosures of protected health information (PHI) made by the Health Plan, including any business associate on behalf of the Health Plan. Polic,, I~pretation and Implementation Request for an Accounting of 1. An individual or his/her representative may request an Disclosures of PHI accounting of disclosures of his/her PHI made by the Health Plan, including any business associate on behalf of the Health Plan, during a specified time period of up to six (6) years prior to the date of the request of an accounting. Disclosures must be tracked by the Health Plan far purposes of an accounting except the following disclosures: a. To carry out treatment, payment or healthcare operations (TPO) as permitted under current law; b. To the individual about his/her own PHI; a To persons involved in the individual's care; d. For national security purposes; e. Pursuant to the individual's authorization; f. To federal/health department officials as permitted under current law; and g. Those disclosures that occurred prior to April 14, 2004. Time Frame of Accounting Reports 2. Other than the exceptions noted above, the accounting record must include disclosures of PHI that occurred during the six (6) years (or shorter time period as is specified in the request) prior to the date of such request, including disclosures made by or to any of the Health Plan's business associates. Content of Accounting of Disclosures 3. The content of the written accounting of disclosures record Record must contain, at a minimum, the following information: a. Date of the disclosure; b. Name of the entity or individual who received the PHI c. The address of the person receiving the PHI (if known) d. A brief description of the PHI disclosed; and e. A brief statement of the purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or in lieu thereof, a copy of the individual's authorization or the request for the disclosure. Multiple Disclosures 4. If, during the time period for the accounting, multiple disclosures have been made to the same entity or individual for a single purpose, or pursuant to a single authorization, the accounting may provide the information as set forth in paragraph 3 above for the first disclosure, and then summarize the frequency of number of disclosures made during the accounting period and the date of the last disclosure during the accounting period. Time Frame for Providing 5. An individual's request far an accounting of PHI disclosures Accounting of Disclosure Data must be provided to the individual or representative within sixty (60) days of such request. If unable to provide the accounting within the sixty (60) day time frame, a one time thirty (30) day extension maybe provided if: a. The individual is notified in writing of the delay; b. The notice includes the reason(s) why the delay is necessary; and c. The notice includes the date by which the accounting will be provided. Log 6. The Health Plan will keep a log of all disclosures required by paragraph 1 above which will include all necessary information. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 8. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 9. Violations of this policy will be subject to discipline. Effective Date 10. April 14, 2004. References: 45 C.F.R. § 164.528 REQUEST FOR AN ACCOUNTING OF DISCLOSURES Please note: This Administrative Form relates to the Health Plan's Policy Form 8, Accounting of Disclosures of PHI. You have a right to request that the Health Plan provide you with an accounting of certain disclosures that it has made of your protected health information ("PHI"). Please see the Health Plan's Notice of Privacy Practices or contact the Health Plan's Privacy Official at (651) 249-2053 for information. Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Your name: Address: Daytime phone number: Please select one: I participate in or am covered under the Health Plan Retiree Health Savings Plan Cafeteria Plan I am the personal representative of an individual participating in or covered under the Health Plan (please attach proof of personal representative status). Retiree Health Savings Plan Cafeteria Plan I would like an accounting of covered disclosures of my PHI made by the Health Plan between the following dates: and Note: We are not required to provide an accounting of disclosures we made prior to the effective date of the federal privacy rules (April 14, 2004). Please Read Carefully and Sign I understand that the Health Plan will provide the requested accounting of disclosures if required to do so under applicable law. If this is not my fzrst request for an accounting within a 12-month period I understand that the Health Plan will notify me of its reasonable costs for complying with my request and provide me with the opportunity to agree to pay those charges in order to receive the requested accounting. Signature Date Please note: Applicable law requires us to respond to you within 60 days after receiving your request, unless we send you a notification that we will need an additiona130 days to respond. For office use only: Received by: Date: ACCOUNTING OF DISCLOSURES OF PHI Please note: This Administrative Farm relates to the Health Plan's Policy Farm 8, Accounting of Disclosures of PHI. Dear [participant, beneficiary, or personal representative]: We received your request far an accounting of disclosures of your protected health infarmation ("PHI") on [date]. We [set forth below] <or> [enclose] an accounting of those disclosures that, bylaw, must be provided in response to your request. Information Date Disclosed Disclosed To: Purpose of Disclosure Disclosed [Note: Far multiple [Note: Include contact [Note: If disclosure was made disclosures to the same entity, infarmation, if known.] pursuant to a written request, include all infarmation far you may include copies of the first such disclosure, how written request instead of often ar when subsequent describing the purpose of the disclosures were made, and disclosure.] the date of the last disclosure.] There is no charge far this accounting. However, if you request additional accountings within the next 12 months, there may be a charge to you far our costs in complying with your requests. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Directar NOTIFICATION OF ADDITIONAL TIME TO RESPOND TO ACCOUNTING REQUEST Please note: This Administrative Farm relates to the Health Plan's Policy Farm 8, Accounting of Disclosures of PHI. Dear [participant, beneficiary, or personal representative]: We received your request far an accounting of disclosures of your protected health infarmation ("PHI") on [date]. We have been unable to respond due to [give reason for delay]. We will respond to your request by [specific date no more than 30 days from original due date of response]. Please call us at (651) 249-2053 if you have any questions. Thank you far your patience. Sincerely, Sherrie Le Human Resource Directar NOTIFICATION OF CHARGES FOR SECOND REQUEST IN 12 MONTH PERIOD Please note: This Administrative Form relates to the Health Plan's Policy Form 8, Accounting of Disclosures of PHI. Dear [participant, beneficiary, or personal representative]: We received your request for an accounting of disclosures of your protected health information ("PHI") on [date]. We responded to a prior request from you for an accounting on [date]. You are entitled to one accounting without charge during any 12 month period. Because this is your second request within 12 months, we will charge you [$_] for our reasonable costs in putting together the accounting. These costs include the time and expense of reviewing our records. If we do not hear from you within 30 days from the date of this letter, we will assume that you have withdrawn your request. If you do not wish to withdraw your request, please sign the acknowledgement at the bottom of this letter and return it within 30 days. Please call us at (651) 249-2053 if you have any questions. Thank you for your patience. Sincerely, Sherrie Le Human Resource Director ACKNOWLEDGMENT I, ,understand that I am being charged $ for my most recent request for an accounting of disclosures of my protected health information ("PHI") because I have requested more than one accounting within a 12 month period. I agree to pay all reasonable charges prior to receiving the accounting. A check or money order is enclosed. Name (print) Signature Telephone Number Date Return acknowledgement to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 z V E-~ ~/1 d z z 0 V V ^~ a~ ^~ .~ 0 ~. A~ an 0 d a ~ ~ 0 c ~ ~ ... ~ ~ ~ o W .~ Q ~ ~ o ~ ~ ~ an .~ ~ ~ ~. ~~x o ~ o ~ °° ~ ~ ~ ~ ' ~ ~ ~ ~ ~ a w ~ ~ a ~ o ~ ~ h ~ ~ ~ '~ o 's" c i U ~ ~ a c Z ~ o a ~~~~ ~ . ~~•~ o a~~~ 0 ~ ~, w ~ ^~ ~ ~ A ~ ~, 0 w .y ~, ~ o ~, .~ a ~ ~ ~ ~ ~ Z oA a~ ~ ~ o Z z V [~ W ~/1 ~% A 0 o ~ • ~ ~ ~ 0 ~ ~ ~ ~ o Q ,~ ~ o o cv a~ ~, ° w 0 a 0 ~ ~ ~ ~ ~ ~ A .-. a ~ o ~ ~ ~ a~ a~ ~ ~ A ~ o A .~ Q ~ o ~ ~ o A ~ o o w . ~ ~ ~ ~ ;~ o a ~ ~ ~ a y' ~ ~ o ~ `~ °' x ~ ~ 0 0 ~ ~ ~ ~. ~ 'y A~ A 0 ~" ~ o ~ ~ ~ •~ A ~, ~ ~ ~ ~ . ~, :~ ~ ~ ~ z ~ ~ ~ ~: o ~ 4i o ~ d , ~ o ~ ~ ~ ~ ti ~ a Verification Prior to Disclosure of PHI Policy Statement Friar to disclosing PHI, the Health Plan must verify the identity of the recipient and the recipient's autharity to have access to PHI, unless the identity and autharity are known to the Health Plan. In addition, when it is a condition of disclosure, priar to the disclosure of PHI, the Health Plan must obtain any documentation, statements, ar representations of the recipient as required by the Privacy Rule. Please note: This Policy relates to Farm 4, Use and Disclosure of PHI, Farm 6, Individual's Right to Access & Copy PHI, and Farm 19, Disclosures to the Plan Sponsar. Folic,, I~pretation and Implementation Responsibility For Obtaining 1. The HIPAA Privacy Officer arhis/her designee will be Verifications responsible far obtaining verifications when disclosure of PHI is necessary. Verification of Identity and Authority 2. Befare releasing PHI, sufficient infarmation must be obtained from the person requesting the infarmation to reasonably conclude, under the circumstances, that the person iswho he/she says he/she is and has autharity to have access to the PHI. The type of infarmation required will depend on the nature of the request, from whom it is made, and the method in which it is made. Request for Information In Person 3. When a request far PHI is made in person, identity may generally be verified by inspecting some farm of photo identification. If photo identification is unavailable, identity maybe verified by inspection of some other farm of government issued identification. In addition, in cases of disclosure far public policy purposes, autharity to have access to PHI may generally be verified by receipt of the full name, date of birth, and one other additional piece of infarmation (i.e., SSN, other identification number, address, ar telephone number) of the subject of the PHI and: a. A written statement of the autharity under which the PHI is requested (ar if a written statement is impracticable, an anal statement); ar b. A legal document, such as a warrant, subpoena, court arder, ar other legal process. Request for Information By 4. When a request far PHI is made by telephone, identity may Telephone generally be verified by receipt of infarmation that identifies the person requesting the infarmation. Far instance, if the person requesting the PHI is the subject of the PHI, then identity may be established by providing his/her full name, date of birth, and one other additional piece of infarmation (i.e., SSN, other identification number, address, ar telephone number). When the person requesting the infarmation is a third party (i.e. health care provider), identity maybe established by obtaining the caller's telephone number and calling him/her back, making sure the area code and exchange matches a listed telephone number far the company/agency. In arder to verify autharity to access the PHI when it is requested by someone other than the subject, obtain the full name, date of birth, and one other additional piece of information (i.e., SSN, other identification number, address, or telephone number) regarding the subject of the PHI and a statement of the authority under which the PHI is requested. Please note: The Health Plan is not required to release PHI when the request for release is made by telephone. Request for Information By Mail or 5. If a request for PHI is received by mail, identity may generally Email be verified by receipt of some unique piece of information that identifies the person requesting the information or by receipt of the request in a format that tends to establish the identity of person making the request. For instance, if the person requesting the PHI is the subject of the PHI, then a written request containing the person's social security number or other unique identification number will be sufficient. When the person requesting the information is a health care provider or a public agency, receipt of the request on appropriate letterhead will be sufficient. Verification of Documentation, 6. The person verifying the documentation, statements, or Statements, or Representations representations provided by the recipient as required by the Privacy Rule may, when doing so is reasonable under the circumstances, rely on documentation, statements, and representations that, on their face, meet the applicable requirements. Such reliance will not be reasonable when information is known by the person that tends to indicate the documentation, statement, or representation is not authentic. In such situations, additional steps to verify the authenticity of the documentation, statement, or representation shall be taken. Log 7. The Health Plan will keep a log of all verifications, which will include all necessary information. Record Retention 8. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 9. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 10. Violations of this policy will be subject to discipline. Effective Date 11. April 14, 2004. References: 45 C.F.R. § 164.508(b) z V [~ W ~% ~% A ~ ~ o ~' a ~ .. o ~ ~ ~ y ~ ~ ~ o o ,.~ ~ •~ c ~ Q o cv ~, w° ~ ~~ a° ; A ,- a ~ o ~ ~ .~ ~ a~ ~ ~ A ~ o A .~ Q ~ o ~ ~ o A ~ o o w . ~ ~ ~ ~ ;~ o a a ~ o a ~ ~ y' ~ ~ o ~ ~ o ~ ~ ~ ~ o 0 ,~' Q ~ .~ ~' o p., A o y ~ o ~ a ~ ~ .o ~ ~ ~ ~ ~' A ~ ~ .~ .~ ~ ~ '~ o ,~ w ~ ~ ~ ~ ~~ ~ z o a~ ~ '~ o ~ w ~ ~ ~ ~ ~ ~ ~ o ~ o ~ ~ ~ Individual Requested Restrictions on Use or Disclosure of PHI Policy Statement Individuals have the right to request restrictions on uses and disclosures of protected health information (PHI) relative to treatment, payment, or health care operations (TPO). Polic,, I~pretation and Implementation Request for Restriction on use or 1. A request for restriction of use or disclosure of information Disclosure of PHI must be submitted in writing to the HIPAA Privacy Officer. Such request must specify the type of information to be included in the restriction and to whom the restriction applies. 2. Upon receipt of an individual's request that a restriction be placed on the use or disclosure of PHI, the HIPAA Privacy Officer will: a. Determine the reasonableness of the request based on the administrative capability of the Health Plan to comply with such request; b. Identify the means and location the individual wishes the information to be communicated; and c. Notify the individual whether or not the Health Plan agrees to the restriction within sixty (60) days of the date of such request unless an extension is necessary. Such extension will not exceed thirty (30) days. Exceptions to Restrictions 3. Should the Health Plan agree to the restriction, the Health Plan and its business associates will honor such request except when: a. The restriction is terminated by the Health Plan or the individual, andlor b. There is an emergency treatment situation. The HIPAA Privacy Officer will be responsible for notifying any impacted business associates. Emergency Treatment 4. When emergency treatment is necessary, the provider of the treatment may not use or disclose PHI or information which a restriction has been placed, except for what is necessary to provide appropriate emergency care for the individual. The emergency health treatment provider may not further disclose the restricted information beyond what is needed for the emergency treatment. Termination of a Restriction 5. The Health Plan may terminate a restriction: a. When the individual requests the termination; andlor b. When the Health Plan informs the individual of the termination. Termination Notices 6. Termination notices must be in writing and must indicate the effective date such termination and the reason(s) far such termination. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 8. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 9. Violations of this policy will be subject to discipline. Effective Date 10. April 14, 2004. References: 45 C.F.R. § 164.522 REQUEST TO RESTRICT CERTAIN USES AND DISCLOSURES Please note: This Administrative Form relates to the Health Plan's Form 10, Individual Requested Restrictions on Use or Disclosure of PHI. You have a right to request the Health Plan restrict: • Uses or disclosures of your protected health information ("PHI") in carrying out payment or health care operations activities. • Disclosures to family members or friends involved in your health care or payment relating to your health care. Use this form to request such a restriction. THE HEALTH PLAN IS NOT REQUIRED TO COMPLY WITH YOUR RESTRICTION REQUEST. IMPORTANT: IF YOU BELIEVE YOU WILL BE ENDANGERED IF YOUR PHI IS DISCLOSED THROUGH A COMMUNICATION WE MIGHT MAKE TO YOU OR SOMEONE IN YOUR HOUSEHOLD, PLEASE SUBMIT THE FORM ENTITLED "REQUEST FOR CONFIDENTIAL COMMUNICATION." Please submit this form to: Your name: Address: Daytime phone number: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Please select one: I participate in or am covered under the Health Plan -Retiree Health Savings Plan -Health Flex Plan -Police & Fire Fitness Program -Employee Assistance Plan -Long-term Care Insurance -Health Insurance -Dental Insurance I am the personal representative of an individual participating in or covered under the Health Plan (please attach completed Designation of Personal Representative form). I request the Health Plan to restrict its uses or disclosures of my PHI for purposes of payment or health care operations. Specifically, I request the following restrictions (describe): (If more space needed, please attach separate sheet) I request the Health Plan to not make disclosures to the following family members ar friends who maybe involved in my health care ar payment with respect to my health care (list names): (If mare space needed, please attach separate sheet) Please Read Carefully and Sign I understand that the Health Plan is not required to agree to my requested restriction. I also understand that if the Health Plan agrees to the requested restriction, it may stop doing so prospectively so long as it informs me that the restriction is removea! Signature Date For office use only: Received by: Date: RESPONSE TO REQUEST TO RESTRICT CERTAIN USES AND DISCLOSURES Please note: This Administrative Farm relates to the Health Plan's Policy Farm 10, Individual Requested Restrictions on Use ar Disclosure of PHI. Dear [participant, beneficiary, or personal representative]: We received your request that we restrict certain uses and disclosures of your protected health infarmation ("PHI"). As you know, the law does not require us to agree to your requested restriction. We will not be able to agree to your restriction. However, if you believe you will be endangered if your PHI is disclosed through a communication we might make to you ar someone in your household, please submit the farm entitled "Request Far Confidential Communication." We will agree to restrict uses and disclosures of your PHI as you requested. Specifically, [describe uses and disclosures that will not be made, including specifically the names of family members/friends to whom disclosures will not be made.] Please note that we may remove this restriction prospectively at any time upon providing notice to you. Please call us at 651-249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Directar Individual Requested Restrictions on Confidential Communications Policy Statement Individuals have the right to request an alternate means of communication of the individual's protected health information (PHI) from the Health Plan to the individual. The restrictions apply only to communications to the individual by the Health Plan or communications that would otherwise go to the subscriber of the policy under which the individual has coverage. The effect of this is to ensure a family member who is not the subscriber can receive communications of PHI at the individual's workplace or other alternate address or phone number, so that other family members are unaware of the information. Polic,, I~pretation and Implementation Request for Confidential 1. A request for confidential communications must be submitted Communications in writing to the HIPAA Privacy Officer. Such request must specify the type of information to be covered by the confidential communication's restriction, and to whom the restriction applies, the alternate address or other method of contact requested, and how payment will be handled (if applicable). The Health Plan may require evidence that if the information is disclosed in other than the manner requested it could endanger the individual. Consideration of Request 2. Upon receipt of an individual's written request for confidential communications of PHI, the HIPAA Privacy Officer will: a. Determine the reasonableness of the request based on the administrative capability of the Health Plan to comply with such request; b. The determination of reasonableness will not include an evaluation of the merits of the individual's reason for making the request; a Identify the alternate means by and/or location to which the individual requests the information to be communicated and how payment will be handled; and d. Notify the individual whether or not the Health Plan agrees to the request within sixty (60) days of the date such request was received unless an extension is necessary. Such extension shall not exceed thirty (30) days. Exceptions to confidential 3. Should the Health Plan agree to the confidential communications communications, the Health Plan and its business associates will honor such request except when the confidential communication request is terminated by the Health Plan or the individual. The HIPAA Privacy Officer will be responsible for notifying any impacted business associates. Termination of confidential 4. The Health Plan may terminate confidential communications: communications a. When the individual requests the termination; and/or b. When the Health Plan informs the individual of the termination. Termination Notices 5. Termination notices must be in writing and must indicate the date such termination is to become effective and the reason(s) for such termination. The termination notice must be provided before the effective date of the termination. A copy of the termination notice must be filed in the individual's records maintained for HIPAA purposes. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 8. Violations of this policy will be subject to discipline. Effective Date 9. April 14, 2004. References: 45 C.F.R. § 164.522(b) REQUEST FOR CONFIDENTIAL COMMUNICATIONS Please note: This Administrative Form relates to the Health Plan's Policy Form 11, Individual Requested Restrictions on Confidential Communications. You have a right to request that the Health Plan provide alternative means or alternative locations for you to receive communications of your protected health information ("PHI"). We must agree to your request for a confidential communication only if (1) you provide a reasonable alternative means or locations for the communication, and (2) you believe that a disclosure of the information could endanger you. Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B Maplewood, MN 55109 Your Name: Address: Daytime phone number: Please select one: I participate in or am covered under the Health Plan Retiree Health Savings Plan Cafeteria Plan I am the personal representative of an individual participating in or covered under the Health Plan (please attach completed Designation of Personal Representative form). Retiree Health Savings Plan Cafeteria Plan My request for confidential communications from the Health Plan applies to the following types of communications (list): (If more space is needed, please attach a separate sheet) The communications identified above should be made to me in the following manner (please provide an alternative address, telephone number, or e-mail address): Please Read Carefully and Sign I believe that disclosure of my PHI in the communications described above could endanger me. I understand that the Health Plan is not required to agree to my request for a confzdential communication if I do not provide a reasonable alternative means for the communications or if I do not believe that the disclosure of information in the communication will endanger me. Signature Date For office use only: Received by: Date: z V ELLF l~ ~// Fil V z 0 V a z A z 0 V z A V W o w ~ ~' ~ ~ a° ~ ~ U x a w 0 0 U Q ~ O ~ ~ ~ ~ ~ C~ • O ~ ~~ ~v ~ ~ ~ O ~. ~ O ~ ~ V '~ ~~ x~ - ~ o ~ .~ ~ .. ~.., ~ o ~, ... " w ~ ~ ° a ~ ~ ~ o ~~ a ~~ ~~ ~ x~ o y~ o ~ •~ ~~ , ~~ a ~~ 00 w ~ .y o ~ ~ a~ ~ , ~~ ~. ~ ~ ~~ x A ¢~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ a~ ~~ ~ ~ ti~ a~ Privacy Complaint Procedure Policy Statement Individuals, family members, employees, the general public, or business associates have the right to file complaints regarding Health Plan policies, procedures, or practices relative to the access, use, or disclosure of protected health information (PHI). Polic,, I~pretation and Implementation Designation of Person to Receive 1. The HIPAA Privacy Officer has been designated as the Complaints individual responsible far receiving, processing, and investigating all privacy related complaints. The HIPAA Privacy Officer may in turn designate employees in particular areas to assist. Filing of Privacy Complaints 2. Any individual, representative, family member, employee, business associate, visitor, or the general public may file a grievance or complaint regarding Health Plan privacy practices (e.g., denial of access to PHI, amendment of health records, problems with business associates, HIPAA policy and procedure violations, etc.) without fear or reprisal or retaliation in any form. Submitted Complaints 3. Complaints should be submitted to the HIPAA Privacy Officer in writing. Investigation Process 4. The HIPAA Privacy Officer or his/her designee will begin an investigation into allegations within five (5) working days of the receipt of the complaint. Results of Investigation 5. A written report of the findings of the investigation will be provided to the individual filing the complaint within thirty (30) days of receiving such complaint unless an extension is necessary to complete the investigation. Such extension may not exceed thirty (30) days. Dissatisfaction of 6. Should the individual not be satisfied with the result of the Investigation/Resolution investigation, or the recommended resolution(s), he/she may file a complaint with the Secretary of Health and Human Services (HHS). Filing Complaints with the Secretary 7. Complaints maybe filed directly with the Secretary of HHS. of HHS Such complaints must be in writing, identify the Health Plan, and must describe the violation. Complaints must be filed within one-hundred eighty (180) days of the complainant learning of the alleged violation or should have been aware of the alleged violation. Address of Secretary of HHS 8. The address of the Secretary of HHS is located in the Notice of Privacy Practices (NPP) andlor made available to individuals. Persons may also obtain the address from the HIPAA Privacy Officer. Retention of Complaints Log 9. The HIPAA Privacy Officer or his/her designee will maintain a log of all complaints received. Copies of all complaints, their disposition and resolutions, and our complaint log will be maintained for a period of at least six (6) years from the date such complaint was received. Record Retention 10. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 11. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 12. Violations of this policy will be subject to discipline. Effective Date 13. April 14, 2004. References: 45 C.F.R. § 164.530(d) PRIVACY COMPLAINT FORM Please note: This Administrative Form relates to the Health Plan's Policy Form 12, Privacy Complaint Procedure. You have a right to file a complaint about the Health Plan's privacy practices or the Health Plan's compliance with the Notice of Privacy Practices, Privacy Policies and Procedures, or the federal Privacy Rule. The Health Plan will not require you to waive any right you may have under the federal Privacy Rule to file your complaint, nor will filing your complaint adversely affect your enrollment in the Health Plan, your eligibility for benefits under the Health Plan, or payment of your claims under the Health Plan. Please submit this form to:Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Your name: Address: Daytime phone number: Please provide a concise statement of your complaint: Date: Signature: Printed name: For office use only: Received by: Date: RESPONSE TO PRIVACY COMPLAINT Please note: This Administrative Farm relates to the Health Plan's Policy Farm 12, Privacy Complaint Procedure. Dear [participant, beneficiary, or personal representative]: We received your complaint regarding the Health Plan's handling of your protected health infarmation ("PHI"). The privacy of PHI is impartant to us and we take it seriously. You stated that [brief description]. [We have investigated this matter and determined that no violation of our privacy policies and procedures ar the Privacy Rule occurred.] [Brief description of why use/disclosure was proper or policies/procedures are appropriate.] [We have investigated this matter and determined that a violation of [brief description] has occurred.] [Brief description of what is being or has been done.] Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Directar z V E-~ z V H 0 d a~ ~ ~, O o ~ ~ ~ r.., ~ .. ,.a,/ ~'~~~R. ~ ~ a ~ V A N ~, ~ O ~' V ~ O bA ~ ~ ~ ~ A-i ~ .~ ~ ~ ~ V O U U O ~' O ~ y .. r.., ~ a ~ A N ~y ~ ~ i~l ~ ~ 0 w U M o a ^~ ~ a~ ~ ~ R. o a U o ,y c ,~ o ~ ~; y v~ ~ ~ r..~ ~' ~ ~ O Z V ~, ° w ^~ • ~ rl ~-I ~1 •~ .~ rti ~~.yy1 0 ~ ~ i~ . ~ ~ .~ rN N ~ Wl ~~~yy C~ .~ O i- I r \ U ~~ /LL 1 m m U cB O O U O U L U_ L O U L Q U 0 E m m Q U ~_ m m 2 m N .~ cB cB 0 L 0 ~~ 0 •~ I10 I..L 0 ('7 U Authorization for Use or Disclosure of PHI Policy Statement All uses and disclosures of protected health information (PHI) beyond those otherwise permitted by current HIPAA law, and not otherwise prohibited under another applicable law, require a signed authorization. In addition, the Health Plan, including any business associates on behalf of the Health Plan, may choose to obtain a signed authorization in situations where it is not required. Polic,, I~pretation and Implementation Responsibility For Obtaining 1. The HIPAA Privacy Officer or his/her designee will be Authorizations responsible for obtaining authorizations when use or disclosure of protected health information is necessary. Provision of Treatment, Payment, 2. The provision of treatment, payment, or eligibility for benefits or Eligibility may not be conditioned on the individual's provision of an authorization for the use or disclosure of PHI. Content of Authorization 3. Each authorization for the use or disclosure of an individual's PHI will be written in easy to read language and will include, at a minimum, the following information: a. A specific and meaningful description of the information to be used or disclosed; b. The name or identification of the person or class of person(s) authorized to make the use or disclosure; c. The name or identification of the person or class of person(s) to whom the requested use or disclosure may be made; d. An expiration date, condition or event that relates to the individual or the purpose of the use or disclosure; the authorization shall state that it will expire after ninety (90) days unless the individual has opted for a shorter or longer time. An individual may specify a longer period of time for the duration of the authorization only if the person: i. Is part of an approved research study and has given authorization for a longer period of time; or ii. Is expected to continue receiving services beyond ninety (90) days and has given authorization for a longer period of time, which maybe up to one calendar year. e. A statement of the individual's right to revoke the authorization in writing, and exceptions to the right to revoke, together with a description of how the individual may revoke the authorization. Upon written notice of revocation, further use or disclosure of PHI shall cease immediately except to the extent that the facility, program or individual has acted in reliance upon the authorization or to the extent that use or disclosure is otherwise permitted or required bylaw; (See policy entitled Revocation of an Authorization.) A statement that the information may only be re- releasedwith the written authorization of the individual, except as required bylaw; g. The dated signature of the individual; and h. If the authorization is signed by a personal representation of the individual, a description of the representative's authority to act on behalf of the individual. Request Form 4. The Health Plan may develop a standard form for authorizing use and disclosure of PHI. If the Health Plan develops a form, the form must be used for all authorizations. Requests to Use or Disclose PHI for 5. If the authorization is requested by the Health Plan for its own Own Purposes use or disclosure of the PHI it maintains, for purposes outside of treatment, payment or health care operations (TPO), health care oversight or public health activities, the following elements are required in addition to those specified in paragraph 3 above: a. Except in circumstances where it is allowed, a statement that treatment, payment and eligibility for benefits will not be conditioned upon the individual's provision of an authorization; b. A description of each purpose of the requested use or disclosure; c. A statement that the individual may refuse to sign the authorization; d. If applicable, a statement that the use or disclosure will result in direct or indirect remuneration for a third party; and e. A copy of the signed authorization provided to the individual. Requests for PHI from Others 6. If the authorization is requested for disclosures of PHI by others, the following elements are required in addition to those specified in paragraph 5 above: a. A description of each purpose of the requested disclosure; b. Except in circumstances where it is allowed, a statement that treatment, payment and eligibility for benefits will not be conditioned upon the individual's provision of an authorization; c. A statement that the individual may refuse to sign the authorization; and d. A copy of the signed authorization provided to the individual. Use or Disclosure of PHI for 7. Use or disclosure of PHI created for research generally requires Research an authorization unless such use or disclosure is permitted by law. Such authorization must include the basic elements specified in paragraphs 3, 5, and 6 above, as well as the following information: a. A description of the extent to which PHI will be used to carry out TPO; b. A description of any PHI that will not be used or disclosed for purposes otherwise permitted, provided that the limitation may not preclude disclosures required bylaw or to avert serious threat to health or safety; and c. References to any privacy notice expected to be given to the individual, which must include statements that the terms outlined in the privacy notice are binding. 8. The authorization for the use and disclosure of PHI created for research maybe combined in the same document with the consent to participate in research, or the privacy notice. Record Retention 9. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 10. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 11. Violations of this policy will be subject to discipline. Effective Date 12. April 14, 2004. References: 45 C.F.R. § 164.508(b) AUTHORIZATION FOR USE OR DISCLOSURE Please note: This Administrative Farm relates to the Health Plan's Policy Farm 13, Autharization far Use ar Disclosure of PHI. Name: Date: I hereby authorize the use and disclosure of my protected health information ("PHI") as indicated below. I understand that this authorization is voluntary and that I may revoke this authorization at any time except to the extent that action has been taken in reliance on this authorization. I also understand that if the individual or organization authorized to receive this information is not required to comply with current Privacy Rule, my PHI may be disclosed to others and no longer protected by the current federal Privacy Rule. ^ Complete health care recard(s) ^ Progress Notes ^ History & Physical Examination ^ Care Plans ^ Labaratory Reparts ^ Dental Recards ^ Medical/Treatment Recards ^ Photographs, Video Tapes, Digital ar other ^ Pathology Reparts images ^ X-Ray Reparts ^ Billing Statements ^ Transcribed Reparts ^ Emergency Care Recards ^ Nurses' Notes ^ Consultant Reparts ^ Discharge Summary ^ Other: The information checked andlor listed above is to be released to: ,for the purposes of: Assisting with claims resolution Insurance ar other benefit eligibility ar coverage Litigation, potential litigation, ar other adversarial proceedings Fitness far duty determination, drug testing results, ar other employment-related purposes Other: This autharization, far the release of the PHI checked andlar listed above, is valid far one (1) year after the date it is signed ar upon completion of the use of the infarmation far the purpose it was intended, unless an earlier expiration date is indicated here: I understand that the individual, ogganization, ar entity receiving my PHI may receive financial ar in-kind compensation in exchange far using ar disclosing the PHI described above. I understand that I may refuse to sign this autharization and that my refusal to sign will not affect my ability to obtain treatment ar payment ar my eligibility far benefits. I understand that I may access and copy any PHI used ar disclosed under this autharization. I understand that a fee maybe charged far such copying services. I hereby release the Health Plan, its employees, officers, and health care professionals from any legal responsibility ar liability far disclosure of the above infarmation to the extent indicated and autharized herein. I understand that I may revoke this request at anytime by providing the Health Plan with my written notice of such revocation. Date: Date: Date: Signature: Printed name: OY Signature of personal representative: Printed name of personal representative: Relationship to me and basis upon which can Signature of witness: Printed name of Revocation of an Authorization Policy Statement Individuals have the right to revoke the authorization to access, release, use or disclose their protected health information (PHI) at any time. (Also see policy entitled: Authorization for Use or Disclosure of PHL) Polic,, I~pretation and Implementation Revocation Request 1. All requests far revocation of an individual's authorization to access, release, use, or disclose PHI must be submitted to the HIPAA Privacy Officer in writing. The revocation must be specific enough to permit identification of the authorization that is being revoked. Oral requests will not be honored. Notification of Personnel of 2. Upon receipt of a written revocation, the HIPAA Privacy a Revocation Officer will notify relevant staff and impacted business associates that a revocation has been received and that no further information maybe released as specified in the authorization, with the exception that personnel may, as a result of relying on the authorization: Exceptions to Revocation a. Complete the task it started (e.g., billings for services already provided); or, b. Submit findings from an independent medical examiner to the person/entity requesting it. Record Retention 3. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 4. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 5. Violations of this policy will be subject to discipline. Effective Date 6. April 14, 2004. References: 45 C.F.R. § 164.508(b)(5) REVOCATION BY SUBJECT OF PROTECTED HEALTH INFORMATION Please note: This Administrative Farm relates to the Health Plan's Policy Farm 10 (Individual Requested Restrictions on Use ar Disclosure of PHI), Policy Farm 11 (Individual Requested Restrictions on Confidential Communications), Policy Farm 13 (Autharization far Use ar Disclosure of PHI), Policy Farm 14 (Revocation of an Autharization), and Policy Farm 18 (Personal Representative). Name: Date: I hereby revoke the following autharization andlar restriction, effective immediately: ^ Autharization far Use ar Disclosure ^ Designation of Personal Representative ^ Requested Restriction on Use ar Disclosure ^ Request far Confidential Communications ^ Other: ^ Other: ^ Other: I understand that I cannot revoke any action already taken by the Health Plan in reliance upon my autharization andlar restriction priar to the date of this revocation. I understand that this revocation removes all autharizations andlar restrictions previously in place, and if I want to impose future autharizations ar restrictions regarding my PHI, I will have to submit a new completed farm to the Health Plan. Date: Date: Date: Signature: Printed name: OY Signature of personal representative: Printed name of personal representative: Relationship to me and basis upon which can Signature of witness: Printed name of FOY office use only: Received by: Date: Business Associates & Business Associate Agreements Policy Statement The Health Plan may disclose protected health information (PHI) to business associates, or allow business associates to create or receive PHI, provided the business associate executives sign a written agreement to appropriately safeguard such PHI. Polic,, I~pretation and Implementation Definition of Business Associate 1. A business associate, means a person or entity who is not an employee or workforce member of the Health Plan, who performs or assists in the performance of a function or activity on behalf of the Health Plan that involves the use or disclosure of PHI, or provides legal, actuarial, accounting, consulting, data compilation, management, administrative, accreditation, or financial services. Definition of Employee/Workforce 2. An employee/workforce member, for the purposes of this Member policy, means any employee, trainee, volunteer, or any other person(s) whose conduct, in the performance of work for the Health Plan, is under the direct control/supervision of the Health Plan, regardless of payment source. Identification of 3. It is the Health Plan's obligation to ensure that all of the Health Business Associates Plan's business associates have a written valid business associate agreement. Content of Business Associate 4. The business associate agreement between the Health Plan and Agreements the business associate establishes permitted and required uses or disclosure of PHI. Pursuant to the agreement the business associate must agree to at least: a. Not use or disclosure PHI; b. Develop safeguards to prevent unauthorized use or disclosure of information; c. Promptly report unauthorized access, use or disclosure of information to the HIPAA Privacy Officer; d. Require any subcontractors to adhere to the same requirements as outlined in the agreement between the Health Plan and business associate; e. Make information available for access by the individual or his/her representative as permitted by law; f. Allow individuals to amend medical information and incorporate such amendments as part of the PHI; g. Develop a process that allows for an accounting of uses and disclosures of information in accordance with current law; h. Make its internal practices. books and records relating to its receipt or creation of PHI available to the Office of the U.S. Secretary of Health and Human Services far purposes of determining the Health Plan's compliance with HIPAA regulations; Develop a process for returning or destroying all PHI upon termination of the business associate agreement; and Develop a process for continuing the full protection of PHI for as long as the business associate retains any PHI. Record Retention 5. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 6. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about your HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 7. Violations of this policy will be subject to discipline. Effective Date 8. April 14, 2004. References: 45 C.F.R. § 164.504(e) Retention of PHI Documentation Policy Statement The Health Plan shall maintain all protected health information (PHI) documentation far a period of at least six (6) years from the date of its creation, or the date on which the document was last in effect, whichever is later. Polic,, I~pretation and Implementation Retention of PHI Documents 1. Certain documents classified as "privacy related documents" must be maintained for a period of at least six (6) years from the date of creation, or the date on which the document was last in effect, whichever is later. Privacy Related Documents 2. "Privacy related documents" include: a. Documentation that identifies the: i. Name, telephone number and address of the Health Plan's HIPAA Privacy Officer; ii. Name, title, telephone number and address of the individual responsible for receiving complaints; iii. Name, title, telephone number and address of the individual responsible for obtaining and processing access, use, and disclosure of PHI requests; iv. Name, title, telephone number and address of the individual responsible for receiving and processing amendment of PHI requests; v. Attempts to obtain consent when consent could not be obtained and the reason(s) why such consent could not be obtained; vi. Method by which PHI will be de-identified; vii. Sanctions imposed against Health Plan employees, business associates, or others who violate Health Plan policy/HIPAA regulations; b. All signed authorizations, consents, and agreed to restrictions; c. Copies of all notices of privacy practices (NPPs) including any revisions to such NPPs; d. Accounting of disclosures logs; e. Any privacy complaints received and their dispositions; and f. Copies of all HIPAA related policies and procedures. Adding/Deleting Documentation 3. Documents maybe added or deleted from the above listing as may become necessary bylaw or as maybe established by Health Plan practice or policy. Identifying/Storage of PHI 4. The HIPAA Privacy Officer is responsible for identification Documents and storage of privacy related records, electronic files, etc., far purposes of complying with this policy. Record Retention 5. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 6. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 7. Violations of this policy will be subject to discipline. Effective Date 8. April 14, 2004. References: 45 C.F.R. § 164.530(j) HIPAA Privacy Training Program Policy Statement The Health Plan must train all relevant members of its workforce on HIPAA policies and procedures, as necessary and appropriate far the members of the workforce to carry out their function within the Health Plan. Polic,, I~pretation and Implementation HIPAA Training Program 1. To ensure the confidentiality of individual's protected health information (PHI), HIPAA training shall be provided for all employees of the Plan Sponsor who have responsibilities involving the use/disclosure of PHI, and other workforce members as deemed necessary within the sole discretion of the HIPAA Privacy Officer. It is the HIPAA Privacy Officer's responsibility to oversee such HIPAA Training. Workforce Members 2. An employee/workforce member, for the purposes of this policy, means any employee, trainee, volunteer, or any other person(s) whose conduct, in the performance of work for the Health Plan, is under the direct control/supervision of the Health Plan, regardless of payment source. Content of HIPAA Training Program 3. The HIPAA Training shall include, but is not limited to: a. An overview of the HIPAA privacy regulations relative to the identification and protection of PHI. b. A review of the Health Plan's HIPAA policies and procedures; c. Permissible uses and disclosures of PHI; d. Application of the Health Plan's HIPAA policies and procedures to employee's job responsibilities; e. The identity and location of the Health Plan's HIPAA Privacy Officer; f. The requirement that all employees report any potential violations of the Health Plan's policies and procedures or the HIPAA regulations, whether caused by a workforce member or a service provider, to the HIPAA Privacy Officer; and g. Other information relative to the protection and security of PHI. Newly Hired Employees/ 4. Before being allowed access to PHI, all newly hired employees, Business Associates and employees new to a position requiring access to PHI, shall be required to sign and date a written acknowledgement that the new employee has completed HIPAA Training. Acknowledgment of Training 5. Department directors will be required to have a signed and Attendance dated written acknowledgment that the new employee has completed HIPAA Training before being allowed access to PHI. Attendance Records 6. The HIPAA Privacy Officer shall maintain a record of all personnel who attend HIPAA Training. Such records shall be maintained in accordance with the Retention of PHI Documentation Policy. Annual Training 7. Updated training shall take place at least annually. Should a change in the training program or security systems occur before an annual training session occurs, impacted employees shall receive interim training materials or abbreviated instructions. Record Retention 8. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 9. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 10. Violations of this policy will be subject to discipline. Effective Date 11. April 14, 2004. References: 45 C.F.R. § 164.530(b) ACKNOWLEDGMENT OF TRAINING ATTENDANCE Please note: This Administrative Farm relates to the Health Plan's Policy Farm 17, HIPAA Privacy Training Program. 200 acknowledge that I have attended and completed HIPAA Training on Name (print) Signature Date Personal Representative Policy Statement The Health Plan must treat a personal representative the same as it would the individual who is the subject of the protected health information (PHI), unless one of the exceptions applies. In general, a personal representative is someone who is recognized under applicable state law as a personal representative (e.g., parent/guardian, power of attorney, executor of estate). Polic,, I~pretation and Implementation Designation as Personal 1. The person who is the subject of the PHI may designate Representative another person as a personal representative, or a person may seek to be recognized as a personal representative, by filing the appropriate written documentation with the Health Plan. Rights of Personal Representative 2. The personal representative must be treated the same as the individual, except as specified below: Restrictions on Personal a. Representative b. c. d. e. f. If the Health Plan reasonably believes that the individual has been or maybe subjected to domestic violence, abuse, or neglect by the person seeking to be treated as a personal representative, or that treating the person as the personal representative could endanger the individual. If the Health Plan, in the exercise of professional judgment, decides that treating the person as the individual's personal representative would not be in the individual's best interest. If a parent is the personal representative of a minor child, but disclosure to the parentis prohibited under state law. If a minor child consented to the treatment, no other consent was required, and the minor has not requested the person be treated as the minor's personal representative. If a minor child may lawfully obtain treatment without the consent of a parent and consent was lawfully obtained. If the parent has agreed to a confidential relationship between the minor and the physician with respect to that treatment. Record Retention 3. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 4. The HIPAA Privacy Officer is responsible far the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 5. Violations of this policy will be subject to discipline. Effective Date 6. April 14, 2004. References: 45 C.F.R. § 164.502(g) DESIGNATION OF PERSONAL REPRESENTATIVE FORM Please note: This Administrative Form relates to the Health Plan's Policy Form 18, Personal Representative. Note: This form is used to confirm permission for the Health Plan to discuss with or disclose a person's protected health information ("PHI") to a particular individual who acts as the person's personal representative. Use of this information is strictly limited to that purpose. Subject of PHI's Name: Please complete either Part I or Part II below. PART I: DESIGNATION BY SUBJECT OF PHI Date: I hereby authorize the following person to act as my personal representative as indicated below. I understand that this authorization is voluntary and that I may revoke this authorization at any time except to the extent that action has been taken in reliance on this authorization. Name of personal representative: Date of birth of personal representative (used for verification purposes on phone inquiries): Social Security # of personal representative (used for verification purposes on phone inquiries): Address: Relationship to me: Password personal representative must provide to access protected health information ("PHI") about me: Password: Description of nature of representation and limits thereon (attach supporting documentation, if any, such as court orders, Power of Attorney, etc): NOTE: I understand that I have the right to limit the information that is released under this authorization. For example, I may limit my personal representative's access to information about a particular issue. Any such limitations must be described below in writing. I understand that by leaving this section blank, I am imposing no limitations on disclosure. Limitations on Disclosure: I understand that I may revoke this authorization at anytime by providing written notice of such revocation to the Health Plan. I have had full opportunity to read and consider the content of this Designation of Personal Representative form. I confirm that this authorization is consistent with my request. I understand that, by signing this form, I am confirming my authorization that the Health Plan may use and/or disclose my PHI to the person named as personal representative for the purpose described above. Date: Signature: Printed name: Date: Signature of witness: Printed name of witness: PART II: THIRD PARTY DESIGNATION Name of personal representative: Date of birth of personal representative (used for verification purposes on phone inquiries): Social Security # of personal representative (used for verification purposes on phone inquiries): Address: Relationship to Subject of PHI: Password personal representative must provide to access protected health information ("PHI") about me: Password: Description of nature of representation and limits thereon (attach supporting documentation, if any, such as court orders, Power of Attorney, etc): For office use only: Received by: Date: Coordination with Other Laws Policy Statement In addition to being subject to HIPAA, the Health Plan may also be subject to other state and federal laws regarding medical information and privacy. The Health Plan intends to comply with all applicable state and federal laws. However if there is a conflict between the laws, the HIPAA Privacy Officer will resolve the conflict according to this Coordination with Other Laws policy. Polic,, I~pretation and Implementation Floor 1. The HIPAA regulations are the floor above which other laws may create more narrow restrictions. No law, whether federal or state, may allow less restriction than HIPAA. Apply Both Laws 2. If a potential conflict exists, the Health Plan shall attempt to find a way to comply with both laws. For example, if one law permits disclosure, but HIPAA does not, the Health Plan could obtain an individual authorization and succeed in complying with both laws. Follow the Law that Requires Use or 3. If another federal law requires disclosure or use of PHI that Disclosure HIPAA prohibits, the Health Plan may use or disclose the PHI in accordance with the other federal law. This is not a violation of HIPAA. HIPAA's privacy rules allow the Health Plan to use or disclose PHI as required by other federal laws. Follow the More Specific Law 4. If there is a very specific law regarding use or disclosure of PHI that is in conflict with HIPAA, the more specific law should be followed. For example, if HIPAA allows an individual a right to access test results, but a specific federal law prohibits that type of disclosure, the specific law should be followed. State Law Preemption 5. HIPAA provides for preemption of state laws that are less restrictive than HIPAA. However, HIPAA does not preempt state laws that are more restrictive. If the Health Plan encounters a conflict between HIPAA and a state law, the Health Plan should follow the more restrictive law. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations 8. Violations of this policy will be subject to discipline. Effective Date 9. April 14, 2004. References: Preamble to HIPAA Regulations Disclosures to Plan Sponsor Policy Statement The Health Plan may not disclose protected health information (PHI) to the plan sponsor except in specific situations recognized by HIPAA. Polic,, I~pretation and Implementation Definition of Plan Sponsor 1. The term "plan sponsor" means (i) the employer in the case of an employee benefit plan established or maintained by a single employer, (ii) the employee organization in the case of a plan established or maintained by an employee organization, or (iii) in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the plan. Permitted Disclosure to Plan Sponsor 2. Summary health information maybe disclosed to the plan for Settlor Functions sponsor for: a. Obtaining premium bids for providing health insurance coverage under the Health Plan; and b. Modifying, amending or terminating the Health Plan. Summary Health Information 3. Summary health information is information that summarizes the claims history, expenses, or types of claims by individuals for whom the Plan Sponsor has provided health benefits under the Health Plan. Permitted Disclosure to Plan Sponsor 4. To the extent described in the plan documents and notice for Plan Administration Functions of privacy practices, the Health Plan may disclose PHI to the plan sponsor necessary to perform plan administration activities such as: a. Quality assurance; b. Claims processing; c. Auditing; and d. Monitoring and managing carve-out plans like vision and dental. Enrollment Functions 5. These restrictions do not affect the plan sponsor's ability to perform enrollment functions on behalf of its employees. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained far a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations Effective Date 8. Violations of this policy will be subject to discipline. 9. April 14, 2004. References: 45 C.F.R. § 164.504(f) Duty to Mitigate Policy Statement The Health Plan will mitigate, to the extent practicable, any harmful effect that is known to the Health Plan of a use or disclosure of protected health information (PHI) in violation of its policies and procedures by the Health Plan or its business associates. Polic,, I~pretation and Implementation Mitigation Actions 1. When a violation of the Health Plan's policies and procedures are brought to the attention of the Health Plan, the following action will be taken: a. The Privacy Officer will be notified and will start an immediate investigation into the violation; b. The Health Plan will identify the extent of the breach and will take reasonable steps to mitigate or correct the violation; and c. The Health Plan will document the steps taken to mitigate. Record Retention 2. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. Privacy Officer 3. The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 4. Violations of this policy will be subject to discipline. Effective Date 5. April 14, 2004. References: 45 C.F.R. § 164.530(f) Discipline Policy Policy Statement HIPAA requires the Health Plan to discipline individuals subject to, but who fail to comply with HIPAA's requirements as reflected in the Health Plan's privacy policies and procedures. The purpose of this Discipline Policy is to establish guidelines for the disciplinary processes. Please note: This Discipline Policy applies exclusively to violations of the Health Plan's privacy policies and procedures. Polic,, I~pretation and Implementation Discipline Policy 1. A failure to comply by an individual subject to the Health Plan's policies and procedures, or with the provisions of HIPAA, will be addressed in a timely manner. Specific disciplinary actions to be taken will be proportional to the severity of the infraction. Initial Determination 2. The HIPAA Privacy Officer, in its sole discretion, shall make an initial determination. If true, the allegations in the complaint constitute a violation of the Health Plan's privacy policies and procedures. Discipline Procedure 3. Complaints or allegations against an individual will be discussed with the individual in question by the HIPAA Privacy Officer and, if deemed appropriate, will be investigated by the HIPAA Privacy Officer. 4. In general, a known or intentional infraction of the Health Plan's policies and procedures, or of HIPAA's provisions, will result in: a. First offense: Oral counseling by the HIPAA Privacy Officer, and written documentation in the individual's file. b. Second offense: Oral counseling by the HIPAA Privacy Officer, and a written warning. c. Third offense: Discipline up to and including probation, suspension or termination of employment. Intentional Misuse 5. In general, intentional misuse or abuse of PHI will result in: a. First offense: Oral counseling by the HIPAA Privacy Officer, and written documentation in the individual's file. b. Second offense: Oral counseling by the HIPAA Privacy Officer, and a written warning. c. Third offense: Discipline up to and including probation, suspension or termination of employment. 6. Notwithstanding items 4 and 5, the HIPAA Privacy Officer retains discretion to deviate based on the particular facts and circumstances. Each infraction will be handled on an individual basis to ensure that disciplinary actions are proportional to the severity of the infraction. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. HIPAA Privacy Officer 8. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Effective Date 9. April 14, 2004. References: 45 C.F.R. § 164.530(e) Administrative Safeguards Policy Statement The Health Plan will make reasonable efforts to maintain adequate administrative, technical and physical safeguards to protect the privacy of protected health information (PHI) from unauthorized use or disclosure, whether intentional or unintentional, and from theft and unauthorized alterations. Polic,, I~pretation and Implementation Implementation of Safeguards Periodic Review 1. The HIPAA Privacy Officer will work with appropriate personnel to determine and implement safeguards to protect PHI from unauthorized use or disclosure. The HIPAA Privacy Officer will complete periodic reviews with all business units regarding the transportation, storage, usage, disclosure, and disposal of PHI to identify risks to the privacy and security of the PHI. If necessary, policies and procedures will be amended and the applicable workforce retrained in order to maintain reasonable efforts of safeguarding such information. Record Retention 3. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. Privacy Officer 4. The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. If you have a question or concern about your HIPAA rights contact the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 5. Violations of this policy will be subject to discipline. Effective Date 6. April 14, 2003. References: 45 C.F.R. § 164.530 Computer Terminals/Workstations Policy Statement Computer terminals and workstations will be positioned/shielded to ensure that protected health information (PHI) is protected from public view, view by those without a need to know whether inadvertent or otherwise, or unauthorized access. Polic,, I~pretation and Implementation Positioning/Shielding 1. Insofar as practical/feasible, computer Workstation/Terminals terminals/workstations shall be positioned or shielded so that screens are not visible to the public and/or to unauthorized staff. Access Limitations 2. Only authorized users are granted access to individual and Health Plan information. Such access is limited to specific, denied, documented and approved applications and level of access rights. Leaving Workstations or Terminals Unattended Clearing Terminal Screens 3. A user may not leave his/her workstation or terminal unattended for long periods of time (e.g., breaks, lunch, meetings, etc.) unless the terminal screen is cleared and the user is logged off. Users who can close and lock their doors may use this option rather than logging off. Each user must log off at the end of his/her work shift. 4. A user must clear the terminal screen if the workstation or terminal is left briefly unattended. Securing Hard Copy Data 5. All hard copy printed information must be positioned in such a manner that it cannot be viewed or read by the public and/or unauthorized staff. Such data must be placed in designated secure areas upon leaving the work area and at the end of the work shift. Sharing/Piggyback of Password/User ID Code 6. A user may not (1) share or disclose his/her password or ID code with other staff members or other non-staff members, or (2) allow staff members or other non-staff members access privileges (e.g., piggyback access) while the user is logged onto the information system used by the Health Plan. Direct supervisors and IT staff will be allowed access to passwords but will be required to be HIPAA trained and to follow HIPAA policies and procedures. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. Privacy Officer 8. The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 9. Violations of this policy will be subject to discipline. Effective Date 10. April 14, 2004. References: See generally 45 C.F.R. § 164.530 Electronic Mail System (E-Mail) Policy Statement The Health Plan utilizes electronic mail (E-Mail) in transmitting individual and Health Plan information. Established security measures must be followed by all personnel who have the authority to access, use, or transmit protected health information (PHI) electronically. Polic,, I~pretation and Implementation Application of Policies Definition of Authorized User Personal Use of E-Mail and Internet Systems Improper Use of Health Plan's E-Mail or Internet Services 1. This policy applies to all usage of e-mail systems related to the Health Plan whether or not the e-mail is originated from or is received into the computer or network system used by the Health Plan. Such policies apply to all authorized users including employees, business associates, staff or consultants. 2. For the purposes of this policy, an "authorized user" is defined as any person who (1) has been assigned a password and user ID code and (2) has the authority to read, enter, or update information created or transmitted by the Health Plan. 3. Users have the responsibility and obligation to use e-mail and Internet systems appropriate, effectively, and efficiently. Incidental personal use is permissible if: a. Personal use is limited to meal and break times; b. It does not interfere with the normal business use of such services; a It does not interfere with the work productivity of the user or other employees; and d. Passwords and user ID codes are not shared with others, except as specified in Computer Terminal/Workstation Policy. 4. Improper use of e-mail and Internet services is strictly prohibited. Examples of such improper use include, but are not limited to: a. Sending/forwarding harassing, insulting, defamatory, obscene, offending or threatening messages; b. Gambling, surfing or downloading pornography; c. Downloading or sending confidential individual or PHI without proper authorization; d. Copying or transmission of any document, software or other information protected by copyright and/or patent law, without proper authorization; e. Transmission of highly sensitive or confidential information (e.g., HIV status, mental illness, chemical dependency, workers' compensation claims, etc.); f. Obtaining access to files or communication of others without proper authorization; g. Attempting unauthorized access to individual or Health Plan data; h. Attempting to breach any security measure on any of the Health Plan's electronic communication system(s); i. Attempting to intercept any electronic communication transmission without proper authorization; j. Misrepresenting, obscuring, suppressing, or replacing an authorized user's identity; k. Using e-mail addresses for marketing purposes without permission from the recipient(s); 1. Using e-mail system for solicitation of funds, political messages, or any other illegal activities; and/or m. Releasing of passwords and user ID codes to unauthorized individuals. Ownership of E-Mail Messages 5. Messages whether originated or received into the Health Plan e-mail system are considered to be the property of the Health Plan and, therefore, are subject to the review and monitoring of the HIPAA Privacy Officer. The Health Plan reserves the right to access employee e-mail (whether present or not) for the purposes of ensuring the protection of individual/Health Plan information. Inadvertent Access to E-Mail 6. During routine maintenance, upgrades, problem resolution, etc. information systems technician(s) may inadvertently access user e-mail communications. Such staff, when carrying out their assignments, will not intentionally read or disclose content of e-mail unless such data is found to be in violation of the HIPAA Policies and Procedures. If found to be in violation, IT staff will report the information to the Privacy Officer. Protection of Information 7. Users of the e-mail system must ensure that all information forwarded, distributed, or printed is protected according to the HIPAA Policies and Procedures. Responding to E-mail Messages 8. When an e-mail message is received containing PHI, any reply of response to that message (i.e., an acknowledgement or receipt of the message) must not include PHI. E-mail systems often automatically include the sender's e-mail message when a reply is made. When the original message includes PHI, the function of the software must be disabled or the original message must be manually deleted prior to sending a reply unless necessary far payment or healthcare operations. Maintaining/Archiving E-Mail Messages Record Retention HIPAA Privacy Officer Violations Effective Date 9. E-mail messages may not be maintained or archived for more than thirty (30) days, unless otherwise approved by the HIPAA Privacy Officer. 10. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. 11. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. If you have a question or concern about your HIPAA rights contact the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. 12. Violations of this policy will be subject to discipline. 13. April 14, 2004 References: See generally 45 C.F.R. § 164.530 Facsimile Machines Policy Statement The Health Plan utilizes facsimile (fax) machines to transmit data from one location to another on a routine basis. The Health Plan will provide physical and procedural safeguards to minimize the possibility of unauthorized observation or access to protected health information (PHI) during the transmission or receipt of data via a facsimile machine. This policy outlines the required elements for a secure location of a facsimile machine. The procedure establishes guidelines for how the Health Plan will reasonably safeguard the transmission and receipt of PHI via a facsimile machine to limit incidental or accidental use or disclosure of PHI. Polic,, I~pretation and Implementation Secure Location 1. Fax machines used to transmit or receive PHI shall be placed in secure locations. Whenever possible, fax machines used to receive PHI will not be used regularly for other purposes. Pre-Programmed Numbers 2. Frequently used destination numbers will be pre- programmed into fax machines and tested before being used to transmit PHI. Each fax machine will display a key that identifies the destination for each pre- programmed fax number. Non Pre-Programmed Numbers 3. When PHI is faxed to a destination number that is not pre- programmed, the fax machine operator will double-check the accuracy of the number in the machine's display before sending the fax. Cover Letter 4. All fax messages will include a standard cover sheet, developed by the Privacy Officer, with the following (or substantially similar) statement: Confidentiality Statement: The documents accompanying this transmission contain confidential health information that is legally privileged. This information is intended only for the use of the individuals or entities listed above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or action taken in reliance on the contents of these documents is strictly prohibited. If you have received this information in error, please notify the sender immediately and arrange for the return or destruction of these documents. Transmittal Sheets 5. Transmittal sheets will be checked immediately after each transmission of PHI, to assure that the information was sent to the correct number. Misdirected Faxes 6. If PHI has been sent to the wrong fax number, the sender must immediately send a second fax to the number that was contacted in error, reiterating the confidentiality message, and asking the recipient to telephone the sender immediately to arrange proper disposition of the information. Any instance of transmitting PHI to the wrong destination number must be reported to the Privacy Officer immediately. The report must include the date, time, the wrong number, the correct number, the intended recipient, the identity of the member, and a brief description of the information that was transmitted in error. Transmission of PHI by fax to a wrong number must be included in an accounting of disclosures of PHI. Received Faxes 7. Prior to distribution of a received fax message, the fax message must be reviewed to make sure that all pages that belong to that fax message have been received and are together, and pages that belong to other fax messages are not included. The cover sheet received with the message, if any, will be placed on top of the message. Record Retention 8. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. Privacy Officer Violations Effective Date The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. 10. Violations of this policy will be subject to discipline. 11. April 14, 2004. References: See generally 45 C.F.R. § 164.530 Copy Machines Policy Statement The Health Plan utilizes copy machines to copy data on a routine basis. The Health Plan will provide physical and procedural safeguards to minimize the possibility of unauthorized observation or access to protected health information (PHI) during the copying of data. This policy outlines the required elements for a secure location of a copy machine and establishes guidelines for how the Health Plan will reasonably safeguard PHI during copying to limit incidental or accidental use or disclosure of PHI. Polic,, I~pretation and Implementation Secure Location 1. Copy machines used to copy PHI shall be placed in secure locations. Removal of Original 2. Following the copying of any document containing PHI, the person making the copies will double-check to confirm that no original documents containing PHI are left on or at the copy machine. Removal of Copies 3. Following the copying of any document containing PHI, the person making the copies will double-check to confirm that none of the copies containing PHI are left on or at the copy machine. Erasing Memory 4. If the copy machine is equipped with a memory that allows the reprinting of a document previously copied, upon completion of the copy job involving documents containing PHI, the person making the copies will delete the memory and double-check that the memory has been deleted prior to leaving the copy machine. Destruction of Certain Copies Unattended Copying Outsourcing Record Retention 5. In the event a copy containing PHI is unusable (because it is not dark enough, etc.) and is to be destroyed, the person making the copy will destroy the copy, regardless of whether it is legible, by shredding it. 6. In no instance shall the person making copies of documents containing PHI leave the copier unattended while copies are being made. To the extent possible, copies of PHI should be made on site in accordance with the foregoing procedures. In some instances it may, however, be appropriate to outsource copying of documents and data containing PHI to a third party copy service (i.e., large volumes of documents to copy or large numbers of copies needed). Prior to providing documents/data containing PHI to any such copy service for copying, the copy service must sign a business associate agreement. Furthermore, the Mail policy shall be followed with respect to delivering the original documents/data to the copy service. 8. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. Privacy Officer Violations Effective Date The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. 10. Violations of this policy will be subject to discipline. 11. April 14, 2004. References: See generally 45 C.F.R. § 164.530 Mail -Internal and External Policy Statement The Health Plan utilizes both internal and external mail (i.e., postal service and delivery services) to deliver data on a routine basis. The Health Plan will provide physical and procedural safeguards to minimize the possibility of unauthorized observation or access to protected health information (PHI) during the mailing of data. This procedure establishes guidelines for how the Health Plan will reasonably safeguard PHI during mailing of data to limit incidental or accidental use or disclosure of PHI. Polic,, I~pretation and Implementation Addresses Information Contained on Envelopes Secure Envelopes Receipt of Mail 1. When PHI is mailed, whether internally or externally, the person sending the mail will double-check the accuracy of the address of the addressee before sending the mail. 2. When PHI is mailed, whether internally or externally, no PHI shall be included on the envelope, nor shall it be visible through the envelope, including any window in the envelope. With respect to internal mail, only the recipients name shall be indicated on the envelope. When PHI is mailed, whether internally or externally, it should be mailed in a sealed envelope or an envelope that maybe securely closed and it should not be provided to unauthorized staff or third persons (i.e., mail room staff) until properly sealed or closed. To the extent it is impractical to place it in a secure envelope, interoffice mail maybe transmitted without an envelope, provided that the first page of the mail does not contain PHI (i.e., a cover page is used or the first page is turned over) and PHI is not otherwise visible. Only authorized staff shall open mail that is received, whether from internal or external sources, from a subject of PHI or from any other party where it is likely the mail contains PHI. To the extent mail is received in an envelope that is not addressed to a specific person, where it is unclear that it is from the subject of PHI, or where it is unclear whether it may contain PHI, the mail maybe opened by unauthorized staff, provided that person opening the envelope reviews the least amount of contents needed to determine to whom the mail is addressed andlor that it contains PHI, at which time the mail should be delivered to the appropriate person. Record Retention 5. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention maybe in printed or electronic format, or both. Privacy Officer 6. The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 7. Violations of this policy will be subject to discipline. Effective Date 8. April 14, 2004. References: See generally 45 C.F.R. § 164.530 Storage of Documents Policy Statement Documents containing protected health infarmation (PHI) will be stared so that they are protected from public view, view by those without a need to know whether inadvertent ar otherwise, ar unautharized access. Polic,, I~pretation and Implementation Storage of Documents 1. Documents containing PHI shall be stared in locked file cabinets separate from other documents (i.e., personnel files) to which unautharized staff may appropriately have access. Insofar as practical/feasible, the file cabinets shall be located in a secure location Access Limitations 2. Only autharized staff are granted access to individual and Health Plan infarmation. Such access is limited to specific, denied, documented and approved applications and level of access rights. Leaving File Cabinet Unlocked and 3. Autharized staff may not leave file cabinets containing Unattended documents with PHI unlocked and unattended far long periods of time (e.g., breaks, lunch, meetings, etc.). File cabinets must be locked at the end of the wank shift. Sharing Key to File Cabinet 4. Autharized staff may not (1) provide the key the any file cabinet containing PHI documents to other staff members ar other non-staff members, ar (2) allow other staff members ar other non-staff members access to said file cabinets. Record Retention 5. A copy of all HIPAA covered infarmation and any revisions shall be maintained far a period of at least six (6) years. Such retention maybe in printed ar electronic farmat, ar both. Privacy Officer 6. The Privacy Officer is responsible far the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person far any questions ar complaints regarding HIPAA. Questions ar concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 7. Violations of this policy will be subject to discipline. Effective Date 8. April 14, 2004. References: See generally 45 C.F.R. § 164.530 AGENDA NO. G-9 AGENDA REPORT TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director RE: Cafeteria Plan DATE: July 6, 2004 We recently decided to change our employee insurance plan-year to a calendar year instead of October 1 through September 30t". The new plan-year better coincides with how benefits are provided. This will eliminate confusion for situations where benefit caps and maximum out-of-pocket costs are tied to the calendar year and other benefits and enrollment followed our traditional October to September plan year. For most benefits, we are fully insured. For a few, we are self-insured so need to amend the plan document to change the plan-year. The attached 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 only change is to the plan year. RECOMMENDATION It is recommended that the City Council adopt the revised and restated Master Plan Document for the Maplewood Cafeteria Plan effective to October 1, 2004. .~I- ~'~, MASTER PLAN DOCUMENT Effective October 1, 1994 Amended and Restated Effective October 1, 2004 TABLE OF CONTENTS PAGE Article 1. The Plan ..........................................................................................................................1 Section 1.1 Establishment ...................................................................................................1 Section 1.2 Purpose .............................................................................................................1 Article 2. Definitions ......................................................................................................................2 Section 2.1 Definitions .......................................................................................................2 Section 2.2 Gender and Number .........................................................................................9 Article 3. Eli ig bilit y and Participation Conditions ....................................................................... 10 Section 3.1 Participation Conditions ................................................................................ 10 Section 3.2 Application to Participate .............................................................................. ll Section 3.3 Commencement of Participation .................................................................... ll Section 3.4 Continuation Coverage .................................................................................. 12 Section 3.5 Family or Medical Leaves ............................................................................. 12 Section 3.6 Qualified Medical Child Support Orders ....................................................... 13 Section 3.7 Ri hg is Upon Reemployment After Military Leave of Absence .................... 15 Article 4. Plan Contributions and Benefit Costs ........................................................................... 16 Section 4.1 Benefit Costs .................................................................................................. 16 Section 4.2 Pay Conversion Contributions ....................................................................... 16 Section 4.3 Employer Contributions ................................................................................. 16 Section 4.4 Benefit Selection ............................................................................................ 17 Section 4.5 Revocation or Changes in Benefit Elections ................................................. 18 Section 4.6 Termination of Employment .......................................................................... 19 Section 4.7 Cessation of Required Contributions ............................................................. 19 Section 4.8 Adjustments to Prevent Discrimination ......................................................... 20 Section 4.9 Available Benefits .......................................................................................... 20 Article 5. Plan Benefits ................................................................................................................. 21 Section 5.1 Available Benefits .......................................................................................... 21 Section 5.2 Benefits .......................................................................................................... 21 5.2.1 Health Coverage .............................................................................. 21 5.2.2 Medical Reimbursement .................................................................. 22 5.2.3 Dependent Care Reimbursement ..................................................... 28 5.2.4 Dental Coverage .............................................................................. 31 5.2.5 Life Insurance Coverage .................................................................. 31 Section 5.3 Taxable Cash Compensation ......................................................................... 31 i C'ity c>f~ Vlaplewoc>d PD Article 6. Claims Procedure .......................................................................................................... 32 Section 6.1 Claim for Benefits .......................................................................................... 32 Section 6.2 Claims Procedure ........................................................................................... 32 Article 7. Administration and Finances ........................................................................................ 37 Section 7.1 Administration ............................................................................................... 37 Section 7.2 Dele ag tion ...................................................................................................... 37 Section 7.3 Reports and Records ...................................................................................... 38 Section 7.4 Actions of the City ......................................................................................... 38 Section 7.5 Finances ......................................................................................................... 38 Section 7.6 Indemnification .............................................................................................. 38 Article 8. Amendments and Termination ...................................................................................... 39 Section 8.1 Amendments .................................................................................................. 39 Section 8.2 Benefits Provided through Third Parties ....................................................... 39 Section 8.3 Termination .................................................................................................... 39 Article 9. Miscellaneous ............................................................................................................... 40 Section 9.1 No Guaranty of Employment ......................................................................... 40 Section 9.2 Limitation on Liability ................................................................................... 40 Section 9.3 Non-Alienation .............................................................................................. 40 Section 9.4 Applicable Law .............................................................................................. 40 Section 9.5 Benefits Provided Through Third Parties ...................................................... 41 11 City c>f~ Vlaplewoc>d PD Effective October 1, 1994 Amended and Restated Effective October 1, 2004 Article 1. The Plan Section 1.1 Establishment. City of Maplewood (hereinafter the "City"), hereby amends and restates, effective October 1, 2004, 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. j City c>f Maplewood MPD 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) "C~" 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, 2004. (f) "Eligible Employ" for the premium and medical reimbursement portions of this Plan means afull-time employee who is employed in the United States, and who is Eligible for the City's group sponsored health, life and/or dental plan(s); for the dependent care reimbursement portion of this Plan means a full-time or part-time employee who is employed in the United States, and who is regularly scheduled to work a minimum of fifteen (15) hours per week. 2 City c>f Maplewood MPD (g) "Employment Related Dependent Care Expense" means an "employment-related expense," as defined in Section 21(b) of the Code. As of 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. 3 City c>f Maplewood MPD (h) "Medical Reimbursement Charge" means the cost to a Participant for coverage under the medical reimbursement plan described in paragraph 5.2.2 hereof. (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; 4 City c>f Maplewood MPD 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; viii. Claims management and related health care data processing including auditing payments, investigating and resolving payment disputes, and responding to participant inquires 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 5 City c>f Maplewood MPD 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 HIl'AA 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 City c>f Maplewood MPD 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 HIl'AA 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 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 after 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. '] City c>f Maplewood MPD (n) "Plan Year" means the twelve-month period ending December 31. Providing that the first Plan Year of the amended and restated Plan shall be the period commencing October 1, 2004 and ending December 31, 2004. (o) "Qualifying Individual" means a "qualifying individual" 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, 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. $ City c>f Maplewood MPD 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. 9 City c>f Maplewood MPD 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 (~ 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. 10 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 33 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 11 City c>f Maplewood MPD 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 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 after-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 after-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. 12 City c>f Maplewood MPD 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 Su~ort 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 after 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. 13 City c>f Maplewood MPD (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 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 14 City c>f Maplewood MPD 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 Ri h~ is 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 USERR.A), shall be entitled to reinstate coverage under such Health Plan consistent with the USERRA. 15 City c>f Maplewood MPD 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 the Participant's available employer contributions, if any, or 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 Employer Contributions. In its discretion, the City may make contributions to the Plan on behalf of the Participants whom they employ. Any such contributions shall be made at an annual rate determined by the City. A pro rata portion of such contributions shall be contributed on such date or dates during the Plan Year as the City determines in its sole discretion. Employer contributions shall be made only on behalf of Participants who are currently employed by the City on the date that the contribution is made. A Participant's employer contributions shall be automatically applied to pay the Participant cost of any benefits elected by the Participant. If no benefits are elected, employer contributions will be used to pay j ( City c>f Maplewood MPD the Participant taxable cash compensation benefits under Section 5.3. Participants shall be informed prior to the commencement of each Plan Year of the amount, if any, of such employer contributions to be made during the Plan Year. Section 4.4 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. 17 City c>f Maplewood MPD Section 4.5 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 j g City c>f Maplewood MPD 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 4.6 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 4.7 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. 19 City c>f Maplewood MPD Section 4.8 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 4.9 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. 20 City c>f Maplewood MPD 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 available employer contributions, if any, and 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. 21 City c>f Maplewood MPD 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. Providing that the first Plan Year of the amended and restated Plan shall be the period commencing October 1, 2004 and ending December 31, 2004 and that the maximum level of coverage during that first Plan Year shall be One Thousand Dollars ($1,000). (b) Medical Reimbursement Charge. Prior to the commencement of each Plan Year, the City shall determine and communicate to Participants the annual rate of the Medical Reimbursement Charge for each dollar of medical reimbursement coverage for the forthcoming Plan Year. A Participant's Medical Reimbursement Charge shall be payable from the Participant's available employer contributions, if any, and Pay Conversion Contributions on a monthly or other periodic basis during the Plan Year as determined by the City and communicated to Participants. 22 City c>f Maplewood MPD (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 party 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. 23 City c>f Maplewood MPD (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. (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. 24 City c>f Maplewood MPD (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 HIl'AA 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" (PHA to the plan 25 City c>f Maplewood MPD 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; (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; 26 City c>f Maplewood MPD (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. 27 City c>f Maplewood MPD (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 available employer contributions, if any, and 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 Reimbursement Account attributable to a Participant's employer contributions, if 2g C'ity c>f Maplewood MPD any, and 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 5.23(d) or 5.23(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 29 City c>f Maplewood MPD 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. 30 City c>f Maplewood MPD 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 after 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. 31 City c>f Maplewood MPD 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). If the claimant or the claimant's representative fail to follow the claims procedures set out by the Plan, the claimant will be notified of such failure as soon as possible, but not later than five (5) days following the failure. Notification may be oral, unless written notification is requested by the claimant or authorized representative. If a claim is wholly or partially denied, the Plan administrator will notify the claimant of the Plan's adverse benefit determination within a reasonable period of time, but not later than 90 days after receipt of the claim by the Plan, unless the Plan administrator determines that special circumstances require an extension of time for processing the claim. If the Plan administrator determines that an extension of time for processing is required, written notice of the extension shall be furnished to the claimant prior to the termination of the initial 90- day period. In no event shall such extension exceed a period of 90 days from the end of such initial period. The 32 City c>f Maplewood MPD extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Plan expects to render the benefit determination. In the case of apost-service claim (i.e., the claimant has already received service), the Plan administrator will notify the claimant of the Plan's adverse benefit determination within a reasonable period of time, but not later than 30 days after receipt of the claim. This period may be extended one time by the Plan for up to 15 days, provided that the Plan administrator both determines that such an extension is necessary due to matters beyond the control of the Plan and notifies the claimant, prior to the expiration of the initial 30-day period, of the circumstances requiring the extension of time and the date by which the Plan expects to render a decision. If such an extension is necessary due to the claimant's failure to submit the information necessary to decide the claim, the notice of extension shall specifically describe the required information, and the claimant will be afforded at least 45 days from receipt of the notice within which to provide the specified information. For purposes of this section, the time periods will begin at the time a claim is filed without regard to whether all the information necessary to make a benefit determination accompanies the filing. In the event that a period of time is extended as permitted under this section due to a claimant's failure to submit information necessary to decide a claim, the period for making the benefit determination shall be tolled from the date on which the notification of the extension is sent to the claimant until the date on which the claimant responds to the request for additional information. 33 City c>f~ Vlaplewoc>d PD The notification shall set forth either upon the initial determination or upon review, in a manner calculated to be understood by the claimant - (i) The specific reason or reasons for the adverse determination; (ii) Reference to the specific Plan provisions on which the determination is based; (iii) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; (iv) A description of the Plan's review procedures and the time limits applicable to such procedures, including a statement of the claimant's right to bring a civil action under section 502(a) of the Act following an adverse benefit determination on review; (v) In the case of an adverse benefit determination, (A) If an internal rule, guideline, protocol, or other similar criterion was relied upon in making the adverse determination, either the specific rule, guideline, protocol, or other similar criterion; or a statement that such a rule, guideline, protocol, or other similar criterion was relied upon in making the adverse determination and that a copy of such rule, guideline, protocol, or other criterion will be provided free of charge to the claimant upon request; or (B) If the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Plan to the claimant's medical circumstances, or a statement that such explanation will be provided free of charge upon request. 34 City c>f Maplewood MPD (vi) In the case of an adverse benefit determination review, the following statement shall be included: "The claimant and the Plan may have other voluntary alternative dispute resolution options, such as mediation. One way to find out what may be available is to contact your local U.S. Department of Labor Office and your State insurance regulatory agency." For a group medical claim, the claimant will have 180 days following receipt of a notification of an adverse benefit determination within which to appeal the determination. The appeal process requires the Plan to (i) provide for a review that does not afford deference to the initial adverse benefit determination; (ii) provide that, in deciding an appeal of any adverse benefit determination that is based in whole or in part on a medical judgment, including determinations with regard to whether a particular treatment, drug, or other item is experimental, investigational, or not medically necessary or appropriate, the appropriate named fiduciary shall consult with a health care professional who has appropriate training and experience in the field of medicine involved in the medical judgment; (iii) provide for the identification of medical or vocational experts whose advice was obtained on behalf of the Plan in connection with a claimant's adverse benefit determination, without regard to whether the advice was relied upon in making the benefit determination; 35 City c>f Maplewood MPD (iv) provide that the health care professional engaged for purposes of a consultation under this section shall be an individual who is neither an individual who was consulted in connection with the adverse benefit determination that is the subject of the appeal, nor the subordinate of any such individual; and The Plan administrator shall notify the claimant of the Plan's benefit determination on review. In the case of apost-service claim, the Plan administrator will notify the claimant of the Plan's benefit determination on review within a reasonable period of time, not later than 60 days after receipt by the Plan of the claimant's request for review of an adverse benefit determination. 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 under ERISA 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. 36 City c>f Maplewood MPD Article 7. Administration and Finances Section 7.1 Administration. The City 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 City 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 Dele atg ion. The City shall have the power, by resolution of its 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 the City, 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 City 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. 37 City c>f Maplewood MPD Section 7.3 Reports and Records. The City and those to whom the City 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 City. Subject to the claims procedures of Article 6, all determinations, interpretations, rules, and decisions of the City 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, 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. 38 City c>f 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 after termination of the Plan except those that have accrued up to the date of termination and have not been satisfied. 39 City c>f Maplewood MPD 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. 40 City c>f Maplewood MPD 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 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 41 City c>f Maplewood MPD Agenda Item G-10 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Chuck Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Pleasantview Street Improvements, City Project 98-12 Resolution Acceptance of Project DATE: July 19, 2004 Introduction/Summary The above referenced project is complete and ready for final payment and release of all remaining escrow. Background The above referenced project was constructed and completed in the summer of 2000 with some minor warrantee and punch list items completed in 2001. A final pay estimate was completed and signed by the contractor, T.A. Schifsky & Sons, in 2001. The engineering department was waiting to receive lien waivers and IC-134 tax information forms before processing the final payment. In addition, the engineering department was withholding final payment until the city received an agreement from the contractor for an additional warrantee on the concrete work. The first year there were some pop-outs that occurred in some of the concrete and there was a concern that the problem might continue. The engineering department never received the warrantee agreement, nor did a problem occur. The engineering department has gotten no inquiries from residents since the first year, nor has staff observed any continuing occurrences of pop-outs. Therefore, staff is recommending that this project be accepted, the contract be closed and all retainage be released to the contractor. Recommendation It is recommended that the city council approve the attached resolution accepting Pleasantview Street Improvements, City Project 98-12. CMC Jw Attachments: Resolution Location Map RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood, Minnesota has determined that Pleasantview Street Improvements, City Project 98-12, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that City Project 98-12 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. s. ; 3h ~ ~"~ AGENDA ITEM G-11 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: Kennard Street Improvements (Beam to County Road D), City File 03-04 - Approve Right of Way and Easement Acquisition Agreements with HealthEast and Birch Run Station DATE: July 19, 2004 Introduction The City has been working on various improvements to Kennard Street north of Beam Avenue. Agreements have been negotiated for the necessary right of way and easements to build the project. Final council approval of the agreements to disperse the acquisition payments is required. Background The city began the extension of Kennard Street in September 2003 by conducting a public hearing. Included within the project costs were estimated expenses for right of way and easements. Agreements with HealthEast and Birch Run Station were required for construction of the roadway. Those agreements were negotiated and final closings have occurred. Copies of the three agreements with Birch Run Station and with HealthEast are attached. All costs are as budgeted for the project. The agreements have been delayed in approval due to final considerations with the property owners over construction details. It does not appear that there are any issues with these property owners. Recommendation It is recommended that the city council approve the attached agreement with HealthEast for right of way and easement acquisition and the three agreements with Birch Run Station for assessment waiver, temporary easement and permanent trail easement. RCA Attachments: HealthEast Agreement Three (3) Agreements with Birch Run Station CITY OF MAPLEWOOD Ramsey County, Minnesota Agreement for Right of Entry and Acquisition of Temporary Easement and Fee Title Acquisition of Property City Project 03-04 THIS AGREEMENT, made this ~ day of , 2003, between the CITY of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and city manager, herein called the CITY and HealthEast, a Minnesota corporation, hereinafter called the OWNER. RECITALS 1. The Owner warrants that it is the record title owner of the property located in the CITY of Maplewood with the legal description thereof set out on Exhibit A attached hereto and made a part hereof, (OWNER'S PROPERTY), 2. The CITY through City Project 03-04 proposes to provide a Kennard Street Improvement that would affect OWNER'S PROPERTY requiring CITY to acquire a temporary easement and a permanent right of way on part of OWNER'S PROPERTY. 3. The CITY and OWNER desire to enter into an Agreement to provide for all rights, obligations, and issues resulting from the CITY's Kennard Street Improvement known as CITY Project 03-04. NOW, THEREFORE, the CITY and OWNER agree to the following: 'I. Temporary Easement. The OWNER does hereby grant to the CITY, its employees, successors, contractors and assigns, a temporary easement onto that part of OWNER'S PROPERTY described on Exhibit B as the "proposed temporary easement" area in order to survey and construct and take all other actions necessary to complete the Kennard Street Improvement. This Temporary Easement shall also include access to all property reasonably necessary to implement any and all additional considerations listed below. The Temporary Easement shall be effective as of the date of this agreement and expire on December 31, 2004. Prior to expiration of the Temporary Easement, City shall restore the Temporary Easement area to its prior condition. 2. Permanent Ri ht of Wa .The Owner does hereby grant to the City, its employees, successors, contractors and assigns, a permanent easement onto that part of OWNER'S PROPERTY described on Exhibit B as the "proposed permanent easement" area for Kennard Street. 3. Consideration. The CITY shall pay the sum of $192,302 (One hundred ninety-two thousand three hundred two dollars. Said payment shall occur at the execution hereof and shall constitute full payment far the terms of this agreement. 4. Additional Consideration. The CITY, as additional consideration, shall provide at the CITY's sole cost and expense, excepting all levied assessments by the CITY, the following improvement: Improved Kennard Street from Beam Avenue to County Road D consistent with Project Plans for Kennard Street Improvements, City Project 03-04 and to be completed by October 31, 2004. 5. Assessments for Improvements. The CITY has levied assessments for the Kennard Street Improvement, City Project 03-04 as provided for and consistent with MS Chapter 429. OWNER acknowledges that an assessment totaling $109,872 has been levied against OWNER'S PROPERTY and shall be applied in entirety to the remainder of the OWNER'S PROPERTY . Said assessment has been levied at 6% interest for a term of 15 years. fi. St. John's Boulevard Driveway Connection. The CITY does hereby offer #o provide a driveway connection from the future Kennard Street to connect the private driveway, called St. John' Boulevard, to the newly constructed street. The CITY finds this improvement necessary and cost effective for the overall public benefit. It shall be the OWNER's option to determine whether to proceed with construction-of said driveway connection by notifying the CITY in writing prior to October 31, 2003 of its intention to proceed with said driveway connection. The written notice shall include OWNER's acknowledgement that the cost of constructing said driveway connection shall be included as a necessary improvement as part of Kennard Street and shall requesf that the CITY include an increase in OWNER's Kennard Street assessment of $80,960.00 (to a total assessment amount of $190,832} for said improvement. Upon receipt of said written request, within 30 days, C1TY shall prepare a temporary easement agreement for signature by OWNER and CITY and shall pay OWNER the sum of $19,480 (nineteen thousand four hundred eighty dollars} as full and just compensation for said temporary easement. Said agreement shall include waiver of OWNER's option to object to increase in assessment. CITY shall complete construction of said driveway connection pursuant to a standard equivalent to or better than the construction of the Kennard Street Improvement, 7. Insurance. The CITY shall prior to the commencement of any work by the CITY for Kennard Street Improvement, CITY Project 03-04, or for any work to be 2 performed pursuant to this Agreement provide OWNER with proof of insurance in an amount as required by the approved project specifications covering all public liability of and property damage including but not limited to all hazards caused by said improvements. Such proof of insurance will name OWNER as additional insured parties. 8. Miscellaneous. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions or the application of such provisions shall remain valid and enforceable for the benefit of and against the respective parties to this Agreement. This Agreement may not be modified or terminated except in writing signed by OWNER and CITY. This agreement shall be governed and interpreted in accordance with the laws of the state of Minnesota. 9. Notices. All notices shall be in writing and shall be addressed to CITY and OWNER at their respective addresses. Notices shall be validly given when hand delivered or the next business day after deposit in the U.S. Mail with prepaid postage. Either party hereto may from time to time, specify, by giving Fifteen (7 5) days notice to the other party, (i) any other address in the United S#ates as its address for purposes of this Agreement and (ii) any other person or entity of the United States to receive copies of Notices. ~ 0. Binding Effect. The terms and conditions of this Agreement shall be binding upon the parties hereta, their respective successors and assigns and the benefits and burden shall run with the land. This Agreement may be recorded against the title to the PROPERTY. IN WITNESS WHEREOF the undersigned have executed this agreement so as to be effective the date set out hereinabove. OWNER: HEALTHEAST By~ //~lri Its ~;'~ ~ t Ycs~ 00,.,7 ~C ~~ bated: September oZ5"~, 2003 3 STATE OF MINNESOTA ) } SS. COUNTY OF RAMSEY ) The foregoing in r ment was acknowledged efore me this 0~~ day of September, 2003, by , #he~ of HealthEast, a Minnesota corporation. Subscribed and sworn to before me this Dl~~day of September, 2003. -LUCIA I. JOHNSON Ndary Public MlhxlesoRa My La~ioe Egtinc Le. 91, 9U05 Notary Pub' CITY: STATE OF MINNESOTA ) } ss. COUNTY OF RAMSEY ) CITY OF MAPLEWOOD B ~~~~~ . X Its Mayor BY ~ _[~ft~,u.ti~ Its ity Manager ~~~~ The foregoing instrument was acknowledged before me this ~ day of fir, 2403, by Robert Cardinal, Mayor and Richard ;=ursman, City Manager of the City of Maplewood. Subscribed and sworn to before me this dG~o~ lQ~ day of fir, 2003. ,r:-,;, ROBERTA L. DARST rmzARr Pu~!c - ~+wr~sor~ ~~ MYCOt1iMISSiON ~•'' EXP!RESJAh.3t,2005 c Notary PUbIIC ~F sTP:iio~ Exhibit A The Southwest Quarter of the Northeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, except the west 727.75 feet as measured at right angles to the west line #hereof. Also except that part of the south 660.00 feet as measured at right angles to the south line lying east of the west 727.75 feet as measured at right angles fo the west line thereof. fl 20. C' ~ ,P o ~ ~o ~c, '~~ ~__._ 4G.0 A=Q. 60! ACRES ' a~,,•g~ s;= ~ ~ Id ~~ o ie I ~, "' o r o o ~ o ~, r ~ N o N ~ p N ~' "' ~ ° I 10.0' A=0.089 ACRES~ ~ - m o -~ ~` 0 I ~~ NI I` -- N i- N ~: A-.O~Z ACRES ', ~ ~ C. ~ fI~-. N _.. ~~ A=_090 ACRES i~L~p,O' ~' ~ ~ - - - - -- - O -- .I ~ --- ---- '. kc I o~ L E Gc N D -- J 9 2 . -' ~ ' ~`~-- ~ ~ !~ 0 PROPOSED TEMP. cU.S NENTi, _.- __ - - ~ `~~ ~ PROPOSED PER'S. EAS~N:EN7~ ~~ RXiST_~hG R~..W. ~I C1. o: .ua P~__w DOS A ~~ ~~ ~\ n ,'~, f : c T ~ _ - r ,-. S r IVfI ~ r~ I :J r ~~ '!~V i V ~~ ~ c3 _ oc!i ~~~~ ~, ~ 1~4?i_~woo0: a=Nn~SC .. xn ~__ ~I 7 PERMANENT EASEMENT AGREEMENT This Agreement is made and entered into this day of July, 2004 by and between BIRCH RUN, LLC, a limited liability company in the State of Minnesota ("Grantor") and the CITY OF MAPLEWOOD, Minnesota, a Minnesota municipal corporation ("Grantee"). RECITALS: Whereas, the Grantor currently holds fee title to the land legally described in attached Exhibit A ("Property"). Whereas, the Grantee is undertaking an improvement project to construct public utilities, trails and/or streets ("Project"); Whereas said Project includes the construction of a bituminous trail on the Property; and Whereas, as part ofthe Project, the Grantee has requested, and the Grantor has agreed to grant to the Grantee, a permanent easement over the Property for trail purposes over that portion of the Property that is legally described in the attached Exhibit B ("Trail Easement Property"). NOW THEREFORE, in consideration of the foregoing and for other valuable consideration, Grantor hereby grants and dedicates unto the Grantee a permanent non-exclusive easement over and across the Trail Easement Property for trail purposes. The contours of the Trail Easement Property shall remain unchanged with no material being removed. All improvements located within the Trail Easement Property shall remain untouched and shall not be disturbed without the written permission of Grantee. Within thirty (30) days of the date hereof, Grantee shall make payment to Grantor in the amount of $13,000.00. Grantor represents that it has all requisite power and authority to grant the foregoing easement and that the officer of the Grantor who execute this instrument on behalf of Grantor have the power and authority to do so and bind the Grantor. If any provision of this Agreement is held invalid, the validity of the remainder of the Agreement shall not be affected thereby. No provision contained in this Agreement shall be deemed to have been abrogated or waived by any reason of any failure to enforce the same. The terms and conditions contained in this Agreement shall run with the land and be binding upon the owners of the Property or any lot located within the boundaries of the Property, their heirs, successors and assigns. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written: THE CITY OF MAPLEWOOD By: Its: Mayor By: Its: City Manager BIRCH RUN, LLC By: Its: STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2004, by Robert Cardinal, the Mayor, and Richard Fursman, the City Manager ofthe CITY OF MAPLEWOOD, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , 2004, by ,the of BIRCH RUN, LLC, a limited liability company in the State of Minnesota on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: KELLY & FAWCETT, P.A. 2350 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 9 EXHIBIT A "Property' All that part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing ofNorth 89 degrees 11 minutes 39 seconds West 1319.78 feet; thence North 00 degrees 26 minutes 21 seconds West 160.00 feet along the West line of said Southeast Quarter of the Northeast Quarter to the point of beginning of the tract to be described; thence continuing on a bearing ofNorth 00 degrees 26 minutes 21 seconds West along said West line 1154.23 feet to the North line ofthe South One- half ofthe Northeast Quarter; thence South 89 degrees 16 minutes 25 seconds East along said North line of said South One-half 859.69 feet; thence South 00 degrees 26 minutes 16 seconds East 1255.41 feet; thence North 89 degrees 11 minutes 39 seconds West 299.48 feet; thence North 00 degrees 48 minutes 21 seconds East 12.00 feet; thence North 89 degrees 11 minutes 39 seconds West 480.46 feet; thence North 24 degrees 24 minutes 27 seconds West 98.23 feet; thence South 89 degrees 33 minutes 39 seconds West 40.00 feet to the point of beginning and there terminating. Also all of Lot 8, Block 1, Maplewood Mall Addition, Ramsey County, Minnesota. Also all that part of Lot 7, Block 1, Maplewood Mall Addition, Ramsey County, Minnesota, lying Southwesterly and Westerly of the following described line: Commencing at the Southeast corner of said Lot 7, thence on assumed bearing of North 00 degrees 26 minutes 16 seconds West along the Easterly line of said Lot 7 a distance of 157.58 feet; thence Northerly, Northeasterly and Easterly along the Easterly line of said Lot 7 and along a tangential curve concave to the Southeast having a central angle of 81 degrees 29 minutes 26 seconds a radius of 173.04 feet, a chord bearing of North 40 degrees 18 minutes 27 seconds East a distance of 246.11 feet to the point of beginning of the line to be described; thence South 81 degrees 03 minutes 10 seconds West 30.00 feet; thence North 53 degrees 56 minutes 50 seconds West 52.54 feet; thence North 4 degrees 37 minutes Ol seconds West 418.57 feet to a point on the North line of said Lot 7 distant 460.09 feet East of the Northwest corner thereof and there terminating. Except for those parcels described as follows: (Toys-R-Us Parcel) All that part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the Northwest corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of South 00 degrees 26 minutes 21 seconds East 921.54 feet along the Westerly line of said Southeast Quarter of the Northeast Quarter; thence South 89 degrees 16 minutes 25 seconds East 75.37 feet to the point of beginning of the parcel to be described; thence South 89 degrees 16 minutes 25 seconds East 214.00 feet; thence South 00 degrees 43 minutes 35 seconds West 7.00 feet; thence South 89 degrees 16 minutes 25 seconds East 350.00 feet; thence North 00 degrees 43 minutes 35 seconds East io 116.00 feet; thence North 89 degrees 16 minutes 25 seconds West 533.00 feet; thence North 00 degrees 43 minutes 35 seconds Ease 82.00 feet; thence North 89 degrees 16 minutes 25 seconds West 31.00 feet; thence South 00 degrees 43 minutes 35 seconds West 191.00 feet to the point of beginning and there terminating. (Olive Garden Parcel) All that part ofthe Southeast Quarter ofthe Northeast Quarter of Section 3, Township 29, Range 22, and also all that part of Lots 7 and 8, Block 1, Maplewood Mall Addition, all in Ramsey County, Minnesota described as follows: Commencing at the Norwest corner of said Southeast Quarter ofthe Northeast Quarter of said Section 3; thence Easterly on an assumed bearing of South 89 degrees 16 minutes 25 seconds East along the North line of said Southeast Quarter of the Northeast Quarter, a distance of 987.04 feet; thence deflecting right 90 degrees 00 minutes 00 seconds on a bearing of South 00 degrees 43 minutes 35 seconds West, a distance of 871.29 feet to the point of beginning of the parcel to be described; thence on a bearing of South 89 degrees 16 minutes 25 seconds East 300.42 feet to a point on the Easterly line of said Lot 8, Block 1, Maplewood Mall Addition; thence South 00 degrees 26 minutes 16 seconds East 285.22 feet along the Easterly line of Lot 8, thence South 40 degrees 13 minutes 50 seconds West 98.74 feet to the Southeast corner Lot 8; thence North 89 degrees 11 minutes 39 seconds West 243.40 feet; thence North 00 degrees 43 minutes 35 seconds East 361.01 feet to the point of beginning and there terminating. (City of Maplewood Parcel) That part of Lot 7, Block 1, Maplewood Mall Addition described as follows: Beginning at the Southeast corner of said Lot 7, Block 1, Maplewood Mall Addition; thence South 90 degrees 00 minutes 00 seconds West (assumed bearing), 1.98 feet along the Southerly line of said Lot 7; thence North 00 degrees 00 minutes 00 seconds East, 63.89 feet; thence Northwesterly 169.26 feet along the arc of a tangential curve concave to the Southwest having a central angle of 07 degrees 00 minute 00 seconds and a radius of 1385.39 feet, the long chord of which bears North 03 degrees 30 minutes 00 seconds West, 169.15 feet; thence North 07 degrees 00 minutes 00 seconds West, 95.56 feet; thence Northwesterly 180.74 feet along the arc of a tangential curve concave to the Northeast having a central angle of 07 degrees 00 minutes 00 seconds and a radius of 1479.31 feet, the long chord of which bears North 00 degrees 30 minutes 00 seconds West 180.63 feet; thence North Ol degrees 25 minutes 56 seconds East, 266.66 feet to a point on the Northerly line of said Lot 7, Block l; thence South 89 degrees 16 minutes 25 seconds East to the Southwest corner of Lot 6, Block 1, Maplewood MallAddition; thence South 04 degrees 37 minutes Ol seconds East, 418.57 feet; thence South 53 degrees 56 minutes 50 seconds East, 52.54 feet; thence North 81 degrees 03 minutes 10 seconds East, 30.00 feet; thence Southwesterly along the arc of a tangential curve to the Southeast having a central angle of 81 degrees 29 minutes 26 seconds, a radius of 173.04 feet, a distance of 246.11 feet; thence South 00 degrees 26 minutes 16 seconds East, along the East line of said Lot 7, 157.58 feet to the Southeast corner of Lot 7, being the point of beginning, and there terminating. (McDonald's Parcel) That part of Lots 7 and 8, Block 1, Maplewood Mall Addition, according to the plat of record thereof, Ramsey County, Minnesota, described as follows: 11 Commencing at the Southeast corner of said Lot 7; thence South 89 degrees 33 minutes 44 seconds West, assumed bearing, along the South line of said Lot 7, a distance of 1.98 feet to the actual point of beginning; thence North 00 degrees 26 minutes 16 seconds West, a distance of 63.89 feet; thence Northerly along a tangential curve concave to the West having a central angle of 2 degrees 54 minutes 39 seconds and a radius of 1385.39 feet for an arc distance of 70.38 feet; thence North 89 degrees 16 minutes 25 seconds West, not tangent to said curve, a distance of 201.15 feet; thence South 00 degrees 47 minutes 19 seconds West, a distance of 231.69 feet to the North line of a parcel described in Document No. 2513246; thence South 89 degrees 16 minutes 25 seconds East along said North line, a distance of204.87 feet to the East line of said Lot 8; thence North 00 degrees 26 minutes 16 seconds West along said East line, a distance of 97.48 feet to said South line of said Lot 7, thence North 89 degrees 33 minutes 44 seconds East, along said South line, a distance of 3.02 feet to the point of beginning. (Den-Way, Inc.'s Parcel) All that part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 029, Range 22 and also all that part of Lot 8, Block 1, MAPLEWOOD MALL ADDITION, all in Ramsey County, Minnesota, described as follows: Commencing at the Northwest corner of said Southeast Quarter of the Northeast Quarter of said Section 3; thence Easterly on an assumed bearing of South 89 degrees 16 minutes 25 seconds East along the North line of said Southeast Quarter of the Northeast Quarter a distance of 987.04 feet; thence deflecting right 90 degrees 00 minutes 00 seconds on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 950.27 feet to the point of beginning of the parcel to be described; thence continuing on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 282.02 feet to the South line of said Lot 8; thence North 89 degrees 11 minutes 39 seconds West a distance of 102.33 feet to the Southwest corner of said Lot 8; thence South 0 degrees 26 minutes 16 seconds East a distance of 23.01 feet; thence North 89 degrees 11 minutes 39 seconds West a distance of 196.59 feet; thence North 0 degrees 44 minutes 18 seconds East a distance of 267.48 feet; thence South 89 degrees 28 minutes 25 seconds East a distance of 135.64 feet; thence South 89 degrees Ol minutes 07 seconds East a distance of 91.00 feet; thence Northeasterly 37.62 feet along the arc of a tangential curve concave to the North having a central angle of 35 degrees 38 minutes 02 seconds and a radius of 60.49 feet; thence North 55 degrees 20 minutes 50 seconds East tangent to said curve a distance of 44.72 feet the point of beginning and there terminating. (Gander Mountain Parcel) That part of Lots 7 and 8, Block 1, MAPLEWOOD MALL ADDITION, according to the recorded plat thereof and the Southeast Quarter ofthe Northeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, described as commencing at the southeast corner of said Lot 7; thence South 89 degrees 33 minutes 44 seconds West, assumed bearing, along the south line of said Lot 7 a distance of 1.98 feet; thence North 0 degrees 26 minutes 16 seconds West a distance of 63.89 feet; thence northerly a distance of 70.38 feet along a tangential curve concave to the west having a central angle of 2 degrees 54 minutes 39 seconds and a radius of 1385.39 feet; thence North 89 degrees 16 minutes 25 seconds West, not tangent to said curve, a distance of 201.15 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 16 minutes 25 seconds West a distance of 298.32 feet; thence South 77 degrees 32 minutes 21 seconds West a distance of 98.40 feet; thence South 0 degrees 44 minutes 18 seconds West a distance of 325.37 feet; thence South 89 degrees 28 minutes 25 seconds East a distance of 135.64 feet; thence South 89 degrees Ol minutes 07 seconds East a distance of 91.00 feet; thence 12 Northeasterly a distance of 37.63 feet along a tangential curve, concave to the North and having a radius of 60.50 feet and a central angle of 35 degrees 38 minutes 03 seconds; thence North 55 degrees 20 minutes 50 seconds East, tangent to said curve a distance of 44.71 feet to the Southerly extension of Line "A" described below; thence North 0 degrees 43 minutes 35 seconds East along said Southerly extension of Line "A" a distance of 78.99 feet to the termination point of said Line "A"; thence South 89 degrees 16 minutes 25 seconds East a distance of 95.55 feet to the intersection with a line drawn South 0 degrees 47 minutes 19 seconds West from the point of beginning; thence North 0 degrees 47 minutes 19 seconds East a distance of 231.69 feet to the point of beginning. Line "A" is described as commencing at the Northwest corner of said Southeast Quarter ofthe Northeast Quarter of said Section 3; thence Easterly on an assumed bearing of South 89 degrees 16 minutes 25 seconds East along the North line of said Southeast Quarter of the Northeast Quarter a distance of 987.04 feet to the point of beginning of said Line "A"; thence deflecting right 90 degrees 00 minutes 00 seconds on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 871.29 feet and said Line "A" there terminating. Together with the benefits of easements contained in Declaration filed as Document No. 2513245, as amended by First Amendment to Declaration filed as Document No. 2585793, as further amended by Document No. 2807611. Together with the benefits of easements created by Reciprocal Easement Agreement filed as Document No. 2529217, as amended by Document Nos. 2807610 and 3085863. Together with the benefits of easements created by Utility Easements and Expanded Usage Agreement filed January 5, 1987, as Document No. 2354006. Ramsey County, Minnesota Abstract Property EXHIBIT B "Trail Easement Property' An egress and egress easement, for trail purposes, over under and across the Northerly 20.00 feet of that part of the South half of the Northeast Quarter of Section 3, Township 29 North, Range 22 West, Ramsey County, Minnesota that lies Easterly of the Easterly Right of Way of Kennard Street and Westerly of the West line of Lot 7, Block 1, MAPLEWOOD MALL ADDITION, according to the recorded plat on file and of record in the Office of the County Recorder, Ramsey County, Minnesota. 13 RIGHT-OF-ACCESS AGREEMENT THIS RIGHT-OF-ACCESS AGREEMENT, made this dayofJuly, 2004, by and between BIRCH RUN, LLC, a limited liability company in the State of Minnesota ("Grantor") and the CITY OF MAPLEWOOD, Minnesota, a Minnesota municipal corporation (the "City"). WHEREAS, Grantor currently holds fee title to the land legally described in attached Exhibit A (collectively, the "Property"); WHEREAS, the City is undertaking an improvement project to construct public utilities, trails and/or streets (the "Project"); WHEREAS, the City has requested permission from the Grantor to access the Property; and NOW, THEREFORE, IT IS AGREED by and between the parties as follows: The City shall be allowed to enter the Property for purposes of performing the construction of an eight (8) foot wide bituminous trail on the Property and minor grading and construction activities on the Property; 2. The City shall carry out the Project in a manner so as to minimize disruption to the Grantor; 3. The City shall hold harmless, defend and indemnify the Grantor, its agents, and their respective employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees, arising out of or due to, the negligence or willful misconduct of the City or any other action, in action or omission of the City, or its agents, employees or contractors in their use of the Right ofAccess. 4. The City also agrees to correct any damage caused to the Property as a result ofthe City's use ofthe Right ofAccess in a manner that is consistent with the condition ofthe Property prior to the City's use of the Right ofAccess, excepting out any requirement for the trail work that is permanent in nature. The City shall furnish and install twenty-one (21) trees along the north and west boundary lines of the Property. The trees shall be installed before July 1, 2005 and shall be of a type and size as agreed upon with the Grantor. These trees shall replace the seven (7) trees that are to be removed by the City along Kennard Street in connection with the City's Kennard Street Improvement Project. The City shall also pay $1,936.00 to Grantor for Grantor's expenses incurred in extending the underground irrigation systems impacted by the City's Kennard Street Improvement Project, City Project No. 03-04. 5. Grantor agrees to indemnify and save the City harmless from all claims (including costs and expenses of defending against such claims) arising from any negligent act, negligent omission or intentional tort of Grantor or Grantor's agents, employees, contractors, invitees or licensees occurring during the term of this right of access in or about the Property. 14 6. The City shall maintain: (a) comprehensive general liability insurance with a minimum of $1,000,000 per occurrence, (b) comprehensive automobile liability at a limit ofliabilitynot less than $500,000 combined bodily injury and property damage. Such insurance policies shall cover the City's indemnification obligations under this Agreement and shall be satisfactory to Grantor. A certificate of insurance evidencing such coverage shall be provided to Grantor prior to any entrance by the City or its employees, agents, or contractors. 7. The City will provide to the Grantor as of the date of signing, insurance that will insure the Grantor from any claims resulting in the granting ofthe right-of-entryto the City and insures the indemnification agreement. 8. The rights granted hereunder shall commence on June 1, 2004 and terminate on December 31, 2005, but all obligations hereunder shall survive such termination. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written: THE CITY OF MAPLEWOOD By: Its: Mayor By: Its: City Manager BIRCH RUN, LLC By: Its: STATE OF MINNESOTA) )ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2004, by Robert Cardinal, the Mayor, and Richard Fursman, the City Manager of the CITY OF MAPLEWOOD, a Minnesota municipal corporation, on behalf of the City. Notary Public 15 STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004, by ,the of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: KELLY & FAWCETT, P.A. 2350 Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55101 of BIRCH RUN, LLC, a limited liability company on behalf EXHIBIT A "Property' All that part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing ofNorth 89 degrees 11 minutes 39 seconds West 1319.78 feet; thence North 00 degrees 26 minutes 21 seconds West 160.00 feet along the West line of said Southeast Quarter of the Northeast Quarter to the point of beginning of the tract to be described; thence continuing on a bearing ofNorth 00 degrees 26 minutes 21 seconds West along said West line 1154.23 feet to the North line ofthe South One- half ofthe Northeast Quarter; thence South 89 degrees 16 minutes 25 seconds East along said North line of said South One-half 859.69 feet; thence South 00 degrees 26 minutes 16 seconds East 1255.41 feet; thence North 89 degrees 11 minutes 39 seconds West 299.48 feet; thence North 00 degrees 48 minutes 21 seconds East 12.00 feet; thence North 89 degrees 11 minutes 39 seconds West 480.46 feet; thence North 24 degrees 24 minutes 27 seconds West 98.23 feet; thence South 89 degrees 33 minutes 39 seconds West 40.00 feet to the point of beginning and there terminating. Also all of Lot 8, Block 1, Maplewood Mall Addition, Ramsey County, Minnesota. Also all that part of Lot 7, Block 1, Maplewood Mall Addition, Ramsey County, Minnesota, lying Southwesterly and Westerly of the following described line: Commencing at the Southeast corner of said Lot 7, thence on assumed bearing of North 00 degrees 26 minutes 16 seconds West along the Easterly line of said Lot 7 a distance of 157.58 feet; thence Northerly, Northeasterly and Easterly along the Easterly line of said Lot 7 and along a tangential curve concave to the Southeast having a central angle of 81 degrees 29 minutes 26 seconds a radius of 173.04 feet, a chord bearing of North 40 degrees 18 minutes 27 seconds East a distance of 246.11 feet to the point of 16 beginning of the line to be described; thence South 81 degrees 03 minutes 10 seconds West 30.00 feet; thence North 53 degrees 56 minutes 50 seconds West 52.54 feet; thence North 4 degrees 37 minutes Ol seconds West 418.57 feet to a point on the North line of said Lot 7 distant 460.09 feet East of the Northwest corner thereof and there terminating. Except for those parcels described as follows: (Toys-R-Us Parcel) All that part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the Northwest corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of South 00 degrees 26 minutes 21 seconds East 921.54 feet along the Westerly line of said Southeast Quarter of the Northeast Quarter; thence South 89 degrees 16 minutes 25 seconds East 75.37 feet to the point of beginning of the parcel to be described; thence South 89 degrees 16 minutes 25 seconds East 214.00 feet; thence South 00 degrees 43 minutes 35 seconds West 7.00 feet; thence South 89 degrees 16 minutes 25 seconds East 350.00 feet; thence North 00 degrees 43 minutes 35 seconds East 116.00 feet; thence North 89 degrees 16 minutes 25 seconds West 533.00 feet; thence North 00 degrees 43 minutes 35 seconds Ease 82.00 feet; thence North 89 degrees 16 minutes 25 seconds West 31.00 feet; thence South 00 degrees 43 minutes 35 seconds West 191.00 feet to the point of beginning and there terminating. (Olive Garden Parcel) All that part ofthe Southeast Quarter ofthe Northeast Quarter of Section 3, Township 29, Range 22, and also all that part of Lots 7 and 8, Block 1, Maplewood Mall Addition, all in Ramsey County, Minnesota described as follows: Commencing at the Norwest corner of said Southeast Quarter ofthe Northeast Quarter of said Section 3; thence Easterly on an assumed bearing of South 89 degrees 16 minutes 25 seconds East along the North line of said Southeast Quarter of the Northeast Quarter, a distance of 987.04 feet; thence deflecting right 90 degrees 00 minutes 00 seconds on a bearing of South 00 degrees 43 minutes 35 seconds West, a distance of 871.29 feet to the point of beginning of the parcel to be described; thence on a bearing of South 89 degrees 16 minutes 25 seconds East 300.42 feet to a point on the Easterly line of said Lot 8, Block 1, Maplewood Mall Addition; thence South 00 degrees 26 minutes 16 seconds East 285.22 feet along the Easterly line of Lot 8, thence South 40 degrees 13 minutes 50 seconds West 98.74 feet to the Southeast corner Lot 8; thence North 89 degrees 11 minutes 39 seconds West 243.40 feet; thence North 00 degrees 43 minutes 35 seconds East 361.01 feet to the point of beginning and there terminating. (City of Maplewood Parcel) That part of Lot 7, Block 1, Maplewood Mall Addition described as follows: Beginning at the Southeast corner of said Lot 7, Block 1, Maplewood Mall Addition; thence South 90 degrees 00 minutes 00 seconds West (assumed bearing), 1.98 feet along the Southerly line of said Lot 7; thence North 00 degrees 00 minutes 00 seconds East, 63.89 feet; thence Northwesterly 169.26 feet along the arc of a tangential curve concave to the Southwest having a central angle of 07 degrees 00 minute 00 seconds and a radius of 1385.39 feet, the long chord of which bears North 03 degrees 30 minutes 00 17 seconds West, 169.15 feet; thence North 07 degrees 00 minutes 00 seconds West, 95.56 feet; thence Northwesterly 180.74 feet along the arc of a tangential curve concave to the Northeast having a central angle of 07 degrees 00 minutes 00 seconds and a radius of 1479.31 feet, the long chord of which bears North 00 degrees 30 minutes 00 seconds West 180.63 feet; thence North Ol degrees 25 minutes 56 seconds East, 266.66 feet to a point on the Northerly line of said Lot 7, Block l; thence South 89 degrees 16 minutes 25 seconds East to the Southwest corner of Lot 6, Block 1, Maplewood MallAddition; thence South 04 degrees 37 minutes Ol seconds East, 418.57 feet; thence South 53 degrees 56 minutes 50 seconds East, 52.54 feet; thence North 81 degrees 03 minutes 10 seconds East, 30.00 feet; thence Southwesterly along the arc of a tangential curve to the Southeast having a central angle of 81 degrees 29 minutes 26 seconds, a radius of 173.04 feet, a distance of 246.11 feet; thence South 00 degrees 26 minutes 16 seconds East, along the East line of said Lot 7, 157.58 feet to the Southeast corner of Lot 7, being the point of beginning, and there terminating. (McDonald's Parcel) That part of Lots 7 and 8, Block 1, Maplewood Mall Addition, according to the plat of record thereof, Ramsey County, Minnesota, described as follows: Commencing at the Southeast corner of said Lot 7; thence South 89 degrees 33 minutes 44 seconds West, assumed bearing, along the South line of said Lot 7, a distance of 1.98 feet to the actual point of beginning; thence North 00 degrees 26 minutes 16 seconds West, a distance of 63.89 feet; thence Northerly along a tangential curve concave to the West having a central angle of 2 degrees 54 minutes 39 seconds and a radius of 1385.39 feet for an arc distance of 70.38 feet; thence North 89 degrees 16 minutes 25 seconds West, not tangent to said curve, a distance of 201.15 feet; thence South 00 degrees 47 minutes 19 seconds West, a distance of 231.69 feet to the North line of a parcel described in Document No. 2513246; thence South 89 degrees 16 minutes 25 seconds East along said North line, a distance of204.87 feet to the East line of said Lot 8; thence North 00 degrees 26 minutes 16 seconds West along said East line, a distance of 97.48 feet to said South line of said Lot 7, thence North 89 degrees 33 minutes 44 seconds East, along said South line, a distance of 3.02 feet to the point of beginning. (Den-Way, Inc.'s Parcel) All that part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 029, Range 22 and also all that part of Lot 8, Block 1, MAPLEWOOD MALL ADDITION, all in Ramsey County, Minnesota, described as follows: Commencing at the Northwest corner of said Southeast Quarter of the Northeast Quarter of said Section 3; thence Easterly on an assumed bearing of South 89 degrees 16 minutes 25 seconds East along the North line of said Southeast Quarter of the Northeast Quarter a distance of 987.04 feet; thence deflecting right 90 degrees 00 minutes 00 seconds on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 950.27 feet to the point of beginning of the parcel to be described; thence continuing on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 282.02 feet to the South line of said Lot 8; thence North 89 degrees 11 minutes 39 seconds West a distance of 102.33 feet to the Southwest corner of said Lot 8; thence South 0 degrees 26 minutes 16 seconds East a distance of 23.01 feet; thence North 89 degrees 11 minutes 39 seconds West a is distance of 196.59 feet; thence North 0 degrees 44 minutes 18 seconds East a distance of 267.48 feet; thence South 89 degrees 28 minutes 25 seconds East a distance of 135.64 feet; thence South 89 degrees Ol minutes 07 seconds East a distance of 91.00 feet; thence Northeasterly 37.62 feet along the arc of a tangential curve concave to the North having a central angle of 35 degrees 38 minutes 02 seconds and a radius of 60.49 feet; thence North 55 degrees 20 minutes 50 seconds East tangent to said curve a distance of 44.72 feet the point of beginning and there terminating. (Gander Mountain Parcel) That part of Lots 7 and 8, Block 1, MAPLEWOOD MALL ADDITION, according to the recorded plat thereof and the Southeast Quarter ofthe Northeast Quarter of Section 3, Township 29, Range 22, Ramsey County, Minnesota, described as commencing at the southeast corner of said Lot 7; thence South 89 degrees 33 minutes 44 seconds West, assumed bearing, along the south line of said Lot 7 a distance of 1.98 feet; thence North 0 degrees 26 minutes 16 seconds West a distance of 63.89 feet; thence northerly a distance of 70.38 feet along a tangential curve concave to the west having a central angle of 2 degrees 54 minutes 39 seconds and a radius of 1385.39 feet; thence North 89 degrees 16 minutes 25 seconds West, not tangent to said curve, a distance of 201.15 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 16 minutes 25 seconds West a distance of 298.32 feet; thence South 77 degrees 32 minutes 21 seconds West a distance of 98.40 feet; thence South 0 degrees 44 minutes 18 seconds West a distance of 325.37 feet; thence South 89 degrees 28 minutes 25 seconds East a distance of 135.64 feet; thence South 89 degrees Ol minutes 07 seconds East a distance of 91.00 feet; thence Northeasterly a distance of 37.63 feet along a tangential curve, concave to the North and having a radius of 60.50 feet and a central angle of 35 degrees 38 minutes 03 seconds; thence North 55 degrees 20 minutes 50 seconds East, tangent to said curve a distance of 44.71 feet to the Southerly extension of Line "A" described below; thence North 0 degrees 43 minutes 35 seconds East along said Southerly extension of Line "A" a distance of 78.99 feet to the termination point of said Line "A"; thence South 89 degrees 16 minutes 25 seconds East a distance of 95.55 feet to the intersection with a line drawn South 0 degrees 47 minutes 19 seconds West from the point of beginning; thence North 0 degrees 47 minutes 19 seconds East a distance of 231.69 feet to the point of beginning. Line "A" is described as commencing at the Northwest corner of said Southeast Quarter ofthe Northeast Quarter of said Section 3; thence Easterly on an assumed bearing of South 89 degrees 16 minutes 25 seconds East along the North line of said Southeast Quarter of the Northeast Quarter a distance of 987.04 feet to the point of beginning of said Line "A"; thence deflecting right 90 degrees 00 minutes 00 seconds on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 871.29 feet and said Line "A" there terminating. Together with the benefits of easements contained in Declaration filed as Document No. 2513245, as amended by First Amendment to Declaration filed as Document No. 2585793, as further amended by Document No. 2807611. Together with the benefits of easements created by Reciprocal Easement Agreement filed as Document No. 2529217, as amended by Document Nos. 2807610 and 3085863. Together with the benefits of easements created by Utility Easements and Expanded Usage Agreement filed January 5, 1987, as Document No. 2354006. Ramsey County, Minnesota Abstract Property 19 ASSESSMENT WAIVER Birch Run, LLC has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Property, legal described in attached Exhibit A for City of Maplewood Project No. 03-04 with the amount to be $186,832.00. Birch Run, LLC expressly agrees to waive the notice ofhearing, hearing and its right to appeal said assessment pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). BIRCH RUN, LLC By: Date Its: 20 AGENDA ITEM G-12 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: T.H. 61 Improvements (Beam Ave. to I-694), City Project 03-07: Resolution Approving Plans and Specifications and Authorizing Receipt of Bids DATE: July 19, 2004 Introduction The realignment of County Road D, both east and west of TH 61, requires improvements to existing T.H. 61 between Beam Avenue and I-694. On May 24, 2004, the city council authorized the preparation of plans and specifications. The city's consultant, SHE, has completed the plans and the project can now be advertised for bids. Approval of the resolution approving the plans and specifications for this segment and authorizing the receipt of bids is recommended. Background One of the major improvements will be asignalized-intersection on Trunk Highway 61 between Beam Avenue and Interstate 694 where the newly aligned County Road D intersects TH 61. In addition, the construction of turn lanes for the intersection approaches and the relocation of some driveways will also be part of this project. Additionally, the Minnesota Department of Transportation (MnDOT) has requested that the City of Maplewood include improvements that they would like to see into the improvement project. The MnDOT improvements are an acceleration lane for traffic exiting from eastbound Interstate 694 to southbound TH 61. The MnDOT traffic engineers have identified this area as a high accident/safety project and have provided all funding for the improvement. The traffic coordination and construction procedures make a combined project cost effective and efficient to the traveling public. The bid opening will be scheduled for 10:00 a.m. on Friday, September 3, 2004 in the council chambers and will be considered by the city council at the September 13, 2004 regular council meeting. The project is expected to begin construction in late September and be completed by July of 2005. Recommendation It is recommended that the city council approve the attached resolution approving the plans and specifications and authorizing the receipt of bids for the T.H. 61 Improvements, Beam Ave. to I-694, City Project 03-07. CMC Attachments 1. Resolution 2. Location Map RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on May 24, 2004, plans and specifications for the T.H. 61 Improvements, from Beam Avenue to I-694, City Project 03-07, have been prepared by SEH, Inc. 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 for the T.H. 61 Improvements, from Beam Avenue to I 694, City Project 03-07, 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 combined improvement under such approved plans and specifications. The advertisement shall be published twice, at least three weeks 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 3rd of September, 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 September 13, 2004. Approved this 26t" day of July 2004. r i ~~; e -.a AGENDA ITEM G-13 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--Resolution Approving Modification of Existing Construction Contract, Change Order No. 1 (Soil Stabilization) DATE: July 6, 2004 Introduction Bids for this project were received and opened on Tuesday, October 28, 2003, and the construction contract was awarded to F. M. Frattalone Excavating on November 10, 2003. The city council will consider approving the attached resolution directing modification of the existing contract for soil stabilization. Background This project has two construction contracts: the soil stabilization portion, which was awarded to F. M. Frattalone Excavating, and the road construction portion, which was awarded to Shafer Construction. This change order would reflect an increase of $58,770.88 in the soil stabilization contract with F. M. Frattalone Excavating. The city's consulting engineer for this project is URS. The attached memo from the project manager, Nick Landwehr, presents the details of the proposed contract modifications. Discussion/Budget Impact No adverse budget impacts are anticipated as a result of this change order as the revised contract amount is within the original project budget. Recommendation It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order No.1 (Soil Stabilization). Attachments: Resolution Memo from Nick Landwehr Change Order No. 1 Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT (SOIL STABILIZATION) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City Project 02-07, 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 02-07, Change Order No. 1 (Soil Stabilization). 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. 1 in the amount of $58,770.88. The revised contract amount is $1,200,632.79. No revisions to the project budget are proposed at this time as Change Order No. 1 is within the original budgeted amount. O z ! ~ ~~ ~a ~:~~~r~: '5i'?'~`5~et"-~ ,h1 ttiu'u~~3i';,?,Tt: ~54'S ~its~~ ~~~`~a~ ~~~.~ ~~{{ rr33~ ~tt~fQ~ie- , It yR l,)1 ;_ .. tki#Ec~+4'f1ifTY,. .~~3C' j)3j'~k[•:'~`~ict#3~"E~~~~I~'LV'i~Y~~L"~`'~'~'T~C~}S~~iNr~se2~#~7't'iJTJt34:~~ic't~ir~'~ `x~~`~hs: uF.~1r]';. ~`~T't~e~~~#~~t3C ~~~* ilrtl'R'4~i*~-'~si~j~2 ~~,{~~~~~ctl~#~3T~3r~fr~ttf~r~t~:~~k~+-~e~~c4~~r~ ~~ar~~r~,c~~~~~t~; c~ ~r ~,o'~e ~r,~t ~ift'°~~~~:ci~ig, ,~at~ ~~t~r~.~ft~~-kri';4°~t4 ~~ ~~~ rec~ ~~ r~ ~~~t ; ~~~ ~~~~# ~ 13j itt~~ctic~ n ~ [ Vii. -'~,.,s~t~a~'r~"i4~......•.~;~~tl.€r3 t:~~~tc-s~t~ t}~~~t,,{'~Fh~ ~ t~ ~,ne f~~'~~f °<Fttic:t~r t-:: ~,~1 Cap } ,h, ~~5 ~ ~. €fi' G,t , ~~(ii5 '?f:,: . ~ Y,~ u -,'.{' ~f 71.~~'~1.~i ~i L.i,ari c' r~..~.:3.~ii `7. ~,. yf a' ~~ F "~ ~; i `~ ~f~atl , z~% { AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Hazardous Material Storage Unit Date: July 20, 2004 Introduction Agenda #G-14 The Police Department is requesting permission to purchase a hazardous material storage unit. Background The Police Department is in need of a place to store flammable and explosive evidence and property (such as fireworks, etc.), and money was budgeted for this purchase in 2004. Research has been done on various available units, and the unit possessing all of the features we require is available from U.S. Chemical Storage for $22,179. City Council permission is required to expend the budget funds for this hazardous material storage unit. Action Required Submit to the City Council for review and approval. Recommendation It is recommended that the City Council approve this expenditure. DJT:js Agenda #H1 REPORT SUMMARY TO: FROM: SUBJECT: LOCATION DATE: INTRODUCTION Project Description City Manager Tom Ekstrand, Senior Planner Heritage Square Phase II County Road D and Kennard Street July 19, 2004 Town and Country Homes is proposing to build for-sale town homes on the portion of the Legacy Village PUD (planned unit development) that was previously approved for rental town homes. The applicant is proposing to build 81 town homes on the east side of Kennard Street, south of County Road D. This site was previously approved for rental town homes. The "for sale" nature of this proposal will require the city council's approval of a revision to the PUD. Refer to the maps and narrative on pages 13-23. The applicant is requesting that the city council approve the following: 1. A revision of the Legacy Village PUD for the change in ownership/rental status to allow the units to be owner-occupied instead of rentals. 2. A preliminary and final plat for the new lot line configuration. 3. Site, building and landscape plans. DISCUSSION The proposed town home plan is essentially the same as the conceptual plan the city council approved with the PUD for Legacy Village. The proposed number of units complies with the density approved last year. The major difference being requested is that this town home segment of the PUD was to be rental town homes not for sale as now proposed. Staff does not find any problem with this revision. For-sale developments are typically more desirable to surrounding property owners. RECOMMENDATION Approve the three requests noted above. MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Heritage Square Phase II LOCATION: County Road D and Kennard Street DATE: July 19, 2004 INTRODUCTION Project Description Town and Country Homes is proposing to build for-sale town homes on the portion of the Legacy Village PUD (planned unit development) that was previously approved for rental town homes. The applicant is proposing to build 81 town homes on the east side of Kennard Street, south of County Road D. This site was previously approved for rental town homes. The "for sale" nature of this proposal will require the city council's approval of a revision to the PUD. Refer to the maps and narrative on pages 13-23. The applicant is requesting that the city council approve the following: 1. A revision of the Legacy Village PUD for the change in ownership/rental status to allow the units to be owner-occupied instead of rentals. 2. A preliminary and final plat for the new lot line configuration. 3. Site, building and landscape plans. Earlier Submittal ReQUest The applicant originally applied as well to develop the Legacy Village property west of Kennard with the same style and type of town homes they are proposing on the east side. Recently, however, the applicant decided not to develop the land west of Kennard Street since they found marginal soils. The Hartford Group, the master developer of Legacy Village, has indicated that they will develop this area on their own. Their proposal, which will be submitted later this month, would concentrate the units into fewer buildings and have underground parking to disturb less land area. Refer to the letter and preliminary site layout on pages 24-27. Part of the applicant's earlier submittal also inGuded a proposed land use plan change from BC (business commercial) to R3H (high-density residential) for the southwest comer of Kennard Street and County Road D. This comer was approved originally for office use. Town and Country Homes then proposed to develop it with town homes. The Hartford Group will also request approval of housing on this comer when they make their submittal. This review, therefore, is only regarding the town-home land east of Kennard Street. BACKGROUND July 14, 2003: The city council approved the Legacy Village PUD, comprehensive plan amendment, tax-abatement plan and preliminary plat for Legacy Village. This plan included the site for the proposed Town & Country town homes. Refer to the council minutes on pages 29-42. December 8, 2003: The city council approved the applicant's PUD, preliminary plat and design plans for Heritage Square. December 16, 2003: The CDRB reviewed and approved the applicant's revised architectural plans for Heritage Square. February 9, 2004: The city council approved the final plat for Heritage Square. April 26, 2004: The city council approved a revision to the development agreement for Legacy Village to permit the construction of ~orsale"town homes instead of "rental" town homes in Heritage Square Phase II. DISCUSSION Land Use PIaNDensity The Legacy Village PUD was approved for 198 rental town homes. The applicant is proposing 81 east of Kennard Street. The Hartford Group's pending proposal for the west side of Kennard Street would have 130 units totaling 211, which is 13 over the approved number of units for this segment of the development. The property at the southwest comer of Kennard Street and County Road D is designated for commercial use. If the city council changes this designation to allow additional town homes for the Hartford Group, the overall density could be increased based on the conversion of this 1.5-acre lot to high density residential. The code allows 10.4 units per acre for high density residential. This would allow 15 more units on the executive-office site. The 13 additional units would, therefore, comply with the city's density requirements. PUD Revision Staff finds no problem with the PUD revision to allow for-sale vs. rental units. For-sale housing units are typically desirable to neighbors. Visitor Parking The planning commission expressed concern that there were insufficient visitor parking spaces available in the applicant's proposal. The applicant subsequently rgvi~ed their plans and eliminated one dwelling unit and added two visitor-parking spas fast of Kennard Street. They now have 47 visitor-parking spaces, a ratio of .58 space per unit. This is slightly aver the PUD guideline requirement of at least .5 spaces per unit. 2 Another criteria required by the PUD is that there be a group of at least five visitor parking spaces no more than 200 feet from the front door of each unit. There are five units that do not meet this requirement. The applicant should revise the site plan to comply with these criteria. Revision of PUD Conditions Many of the original PUD conditions do not apply with this proposal. The applicant has complied with many of the previous requirements, so staff has deleted any that no longer apply. Preliminary PlatlFinal Plat The applicant is requesting approval of the subdivision to sell the individual town home lots. This is typical of such developments, and staff does not find any unusual concerns with doing so beyond the usual requirements for platting which include the signing of a developer's agreement, the approval of final grading/drainage/erosion-control/utility plans and the dedication of any drainage and utility easements that the city engineer may require. Chris Cavett and Erin Laberee, of the city's engineering department, reviewed this proposal and had several comments. Refer to the memo on pages 44-45. Staff recommends that the city council require that the applicant comply with the statements in this memo as conditions of plat approval. In order to assist the applicant in expediting their closing on their purchase of this property, Town & Country Homes is requesting that the city council approve the final plat along with the preliminary plat. Normally, the final plat is considered after the applicant has complied with the requirements of the preliminary plat. In this case, staff is comfortable with combining the preliminary and final plats in one review because of our familiarity with this development. The proposed townhouse development is conceptually the same as the plan approved by the city last year. Design Review Site and Landscaping Considerations As stated above, there must be adequate visitor parking provided. The recommended conditions of approval should satisfy this need. The landscape plan is attractive and has been improved over the plan submitted last year. Staff suggests that the boulevard plantings along Kennard Street follow the Kennard Street planting plan that the city council has approved. Also, the Harford Group should design their landscaping along Kennard Street to be complementary to Town and Country's proposal. Architectural The building design is attractive and the color scheme proposed would provide an appealing color variation. 3 RamseylWashington Metro Watershed District The applicant must obtain all necessary permits from the watershed district before starting construction. Building Official's Comments All applicable codes must be met. Police Department Comments Lieutenant Kevin Rabbett noted there are no significant public safety concerns in the reduction in the number of the town homes and a change to a "for sale" designation. COMMITTEE ACTIONS May 25, 2004: The community design review board reviewed the applicant's design plans and recommended approval with conditions. June 7, 2004: The planning commission recommended approval of the land use plan change, PUD revision and subdivision plat. The planning commission recommended two changes. One, that the sidewalk along the south side of County Road D be constructed, not just "if at all possible," and second, that there be at least 100 visitor- parking spaces provided. June 14, 2004: Heritage Square Phase II was scheduled for review at this meeting by the city council. The council tabled this review at the applicant's request. RECOMMENDATIONS A. Adopt the resolution on pages 4f~50 approving a revision to the Legacy Village planned unit development to approve the construction of for-sale town homes instead of the previously approved rental town home concept. Approval of this revision is based on the findings required by the ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): The development shall follow the plans date-stamped April 30, 2004, except where the city requires changes and except for that part shown on the west side of Kennard Street. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4 4. The applicant shall comply with the requirements in the Assistant City Engineer's report dated May 28, 2004. The applicant shall also comply with any additional conditions of the Assistant City Engineer due to the change in this proposal to delete the area west of Kennard Street from this plan. 5. The applicant shall sign a development agreement with the city before the issuance of a grading permit. 6. The applicant shall provide a copy of the homeowner's association documents to staff for approval. 7. #~e+a~tal-Town Homes and Office/Clubhouse: a. The project will be constructed according to the plans from Town and Country Homes date-stamped April 30, 2004 ' ,except as specifically modified by these conditions and with the exclusion of the town homes on the west side of Kennard Street. b. A sidewalk will be provided continuously on the north or west side of Street A between Kennard Street and Hazelwood Drive, including the segment between the office/clubhouse parking lot and townhouse buildings 11 and 12. c. Sidewalk connections will be added connecting the power line trail to the curb of Street A opposite town home buildings 6 and 8 and connecting Village Trail East (east of Kennard Street) in at least three locations to be approved by staff. d. The sidewalk serving the front of town home buildings 13; ~ ~ ~ ~ ~ °^~' '^ will be extended south to connect with the ~--~o, power line trail. Trail connections to the power line trail shall be as required by staff. e. Village Trail East (east of Kennard Street) at~ee~E and Flandrau Street East Stree#-~ serving the town homes will be constructed in their entirety with the town homes, regardless of the status of the multi-family and commercial parcels to the east. f. Parking spaces will be provided at the ends of the driveways as shown on the plans and wherever elsg they may. fit. a#~e-feaf Af F,.~~~d:.,., 7 7 •~-tana~-'ld/~la ~1~~7n 7777 11.r~.~ 7~.~7a ~.,.~ g• h. A six-foot-wide sidewalk should be provided i#-atoll-passible on the south side of County Road D for the entire length of the project from Hazelwood Street wive to Southlawn Drive.; i. j. The grades of the power line trail and all ublic sidewalks wiN shall meet ADA guidelines for slope. k. The landscape plan is approved as proposed with the exception that the boulevard trees alons~ Kennard Street shall be planted according to the approved Kennard Street Boulevard-Tree Planting Plan. m. n. The curve in the middle of Street A opposite buildings 10 and 12 will all be flattened as much as possible to limit headlight aimed into the front of the units. • , ~~-,--2~, -~~, ~4;~'~ a~1Q-~6~ +~ uQ ......a n~.,e~ ~re.,.,~...a c+.~e+ The front setbacks proposed for the town homes east of Kennard Street are approved as shown. The proposed setbacks for the town homes and commercial buildino west of Kennard Street shall not be less than five feet for the clubhouse and 15 feet for the town home buildings in order to enhance the urban character of the streets and intersections. q. Visitor-parking spaces for the festal town homes will be added or modified as follows: 1) leas#~--spase~ The applicant shall provide visitor-parking spaces at the minimum Quantity of one-half space per townhome unit. Furthermore, the visitor-parking spaces must be placed such that the front door of no unit is more than 200 feet from a group of at least five spaces. 2) Street A will be widened to 26' curb-to-curb and on-street parallel parking will be added along the north and west sides of the street except for within 100' of the pavement of Hazelwood Drive and Kennard Street. 3) The private drive immediately south of buildings 2 and 3 will be widened to 26' curb-to-curb and on-street parallel parking will be added along the north side of the drive. 4) Parking areas will be added behind buildings 1 and 4 where the driveway abuts the ponding area, consistent with the recommendation of the city engineer on providing adequate grading and functioning of the pond. The parking lot for the clubhouse/office building will be modified to add "proof of parking spaces in the green area north and east of the swimming pool, for a total of 91 spaces possible in the lot. Such spaces will only be constructed if the owner believes they are needed, or if they are needed in the future to address parking problems at the building in the opinion of the community development director, who can order the spaces to 7 be constructed. Such spaces will maintain a sidewalk connection between the swimming pool and clubhouse building in an island in the middle of the parking bays as shown on the plans. s. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. B. Approve the preliminary and final plat for Heritage Square Phase II lying east of Kennard Street, subject to the following conditions: 1. The applicant shall comply with the requirements in the assistant city engineer's report dated May 28, 2004. The applicant shall also comply with any additional conditions of the city engineer due to the plan revision to delete the part of the original plat submittal west of Kennard Street. 2. The applicant shall sign a developer's agreement with the city engineer before the issuance of a grading permit. 3. The applicant shall dedicate any easements and provide any written agreements that the city engineer may require as part of this plat. 4. The applicant shall pay the city escrow for any documents, easements and agreements that the city engineer may require that may not be ready by the time of plat signing. C. Approve the plans date-stamped April 30, 2004, for the Heritage Square Phase II, the second phase of Heritage Square Town Homes at Legacy Village lying east of Kennard Street. Approval is subject to the developer complying with the following conditions: 1. Obtaining city council approval of a revision to the previously approved planned unit development for this project. 2. Obtaining city council approval of the preliminary and final plat for this project. 3. All requirements of the fire marshal and building official must be met. 4. The applicant shall obtain all required permits from the Ramsey- Washington Metro Watershed District. 5. All driveways and parking lots shall have continuous concrete curbing. 6. All requirements of the city engineer, or his consultants working for the city, shall be met regarding grading, drainage, erosion control, utilities and the dedication of any easements found to be needed. 8 7. Repeat this review in two years if the city has not issued a building permit for this project by that time. 8. Any identification signs for the project must meet the requirements of the city sign ordinance. 9. The setbacks are approved as proposed. 10. The applicant shall: • Install reflectorized stop signs at all driveway connections to County Road D and Kennard Street. • Install and maintain an in-ground lawn irrigation system for all landscaped areas. • Install all required trails, sidewalks and carriage walks. • Install any traffic signage within the site that may be required by staff. 11. The applicant shall submit a lighting plan for staff approval before getting the first building permit. 12. The applicant shall submit an address and traffic signage plan for staff approval. 13. The applicant shall provide the city with cash escrow or an irrevocable letter of credit for the exterior landscaping and site improvements prior to getting a building permit for the development. Staff shall determine the dollar amount of the escrow. 14. All work shall follow the approved plans. The director of community development may approve minor changes. 15. A temporary sales office shall be allowed until the time a model unit is available for use. Such a temporary building shall be subject to the requirements of the building official. 16. No end units facing County Road D shall have utility rooms or exposed utility meters on that elevation. 17. The community design review board expressed concern that there should be some handicap-accessible units available in this complex. They referred this to the building official for compliance in case there are any applicable codes to this effect. 9 18. The applicant shall work with staff to propose suitable screening for outside utility meters. 19. The rock-face concrete block on the buildings shall be tan, not gray. 10 REFERENCE SITE DESCRIPTION Site Size: 7.7 acres Existing Use: Undeveloped SURROUNDING LAND USES North: County Road D. North of County Road D are apartments South: Site for future corporate offices East: Commercial and apartment sites West: Kennard Street and site for future town homes PLANNING Land Use Plan Designation: R3H (high density residential) Zoning: PUD Findings for PUD Approval City code requires that, to approve a planned unit development, the city council must base approval on the specific findings. Refer to the findings for approval in the resolution on pages 46-50. APPLICATION DATE We received the complete applications and plans for these requests on April 30, 2004. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action was required on this proposal by June 29, 2004 unless the applicants agree to a time extension. The applicant agreed to an extension. 11 p:sec 3~Heritage Square II PUD Revision July `04 Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Legacy Village PUD 4. Land Use Plan Map 5. Proposed Subdivision 6. Proposed Landscaping 7. Building Elevations 8. Applicant's Narrative 9. Letter from the Hartford Group dated July 14, 2004 10. Pending Row House Site Plan Design Proposal by the Hartford Group 11. Pending Row House Building Elevations by the Hartford Group 12. Previous Legacy Village Rental Town House/office Plan 13. July 14, 2003 City Council Conditions of Approval 14. Approved Kennard Street/Legacy Parkway Boulevard Planting Plan 15. Memo from Chris Cavett and Erin Laberee dated May 28, 2004 16. Planned Unit Development Resolution 17. May 25, 2004 Community Design Review Board Minutes 18. June 7, 2004 Planning Commission Minutes 19. Plans date-stamped April 30, 2004 (separate attachment) 20. Preliminary/Final Plat date-stamped April 30, 2004 (separate attachment) 21. Colored Plan Booklet date-stamped May 25, 2004 (separate attachment) 22. Revised Heritage Square Phase II Visitor Parking Plan date-stamped June 22, 2004 (separate attachment) 12 Attachment 1 ~:~: -~- . iii PROPOSED HERITAGE SQUARE SECOND ADDITION LEGACY VILLAGE ~ L I' ~ ~ ~ '~, I ~00~~~8CIC ~- ~T - r ~~TT ~ ~` _1~.1_~ ice' ; ~~ r ~F j ~~ ~~ ~i ~L ~ ~ ~_ li -_~ ~+ ~~ ~~ ~ ~,~ ~~ , ~ ~ _ ~ ~ I ,j ~,¢~; ~ ,+ '~ ~ ~ o t k~~ ;~-~ i ~ °- l ~ ~ ~ (i j------:~~ j, ~_,~___~ I i i 'i ~ }~' ~ ,I, ~ - } ~___~ -~~ ~ ~~ ~~, :~ ~-~ ~~;~ ~~~~ ~~~~ ~ ;~ ;~~r; ;: ~- 'r~ ~~` ~~ !~ i ° »~ LOCATION MAP 13 o-T-,~ THIS SITE TO BE DEVELOPED BY THE HARTFORD GROUP WITH ROW HOMES (APPLICATION PENDING) ~ Attachment 2 CourRy Ri PROPERTY LINE /ZONING MAP 14 4 N Beam Avenue Beam Attachment 3 i~l ~ ~~ ~ + ~~~ J~ }W g y ~ gs .kt;}i} f F- p F p Q C7 p ~ ikl~. i#i~ ~ ~q' _~`7 &~ W C i i W 3 < J j O~ ~~~ ~ Y ~ f ~ d it ~ k ~~ ~ ~ ~ ~ o ~ ~; I W ~ I 1 , h I I i }, ,. 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Q w a J i i f . t ! O I ' • ,'. 3~ --~=' v ~ a. r ~~ r ~~ ~ ~ Q aw ° p : ~~1la ~ 6 ~ 11 > ~ E ~ g ~ r~+ ~i~ ~ ;~ r~i~ ~~ cr],~~C~ ~ Oe f~ a g ~ Ni j' N ~ W V"~ ~ ~ ~i;~~ ~ gq ;~ ~~~ ~ e~~rp~~ ~~~ ~,~~ ~~~ ~~~~~ ~~~~ ~ ~ ~ ~~ ~•~ ! ~d~p~p r~~ ° ~ ea~ lAa~ ~ 9~~ ;4a~1 :; ~;~~3~~ !~~ ~.~~ ~~~ ~3~~4 ~l~a~, a § ias ~~~. ~~ ~~~~~~a~'~1~ ~~a~~ ~~~ ~~~i~ i~i~~~ w • y -~ .(y.~~1"""" U 8- S~ .I r 3 ~ 3pt5 ~ ~ ~~~~~ _, ~s Attachment 7 LE-E•YY6(iS6Rrd SSYE•Y66(iS6Y~gd ~ff7f~t7f µ{y'aun7y oapg ~Uil aims aver ~dS ft9C S:lY ~1oH !~ ~ ~ ~r M O T a ~l. 9N'v'1d 1bWd01i~tO N'DI6iC N011~3~107 ~I1S3Pb'W O Q w w~ ~~ u _~ ttF i Y~ 19 LEYE•-Y6(ZS6)~rd SSY£•M6(Zf6$>~gd S~1IOH I2~LI~If10~ ~8 I~1c10,L ~~~..tl, „~,. ,~, .~" ~~n (sj 6MO~d 1NYlJd017/~~C N719iG y ivoilo3~~0~ ~iisaraw a,II '- a w w1 a~ ~~ ~~ 2A [AE--Y6(iS6Yrd SS-Eyi6(ii6).~ogd S~I%~IOH I?I.LNf10~ ~ i~I~C10,L U arrv~d twudo~a.~aa nrcivaa NOIlO~~'10p 01183NV'W w J W 0 ~? ~~ u~ ~~ ~ ~ ~~~~~ p °al~~'x a W J W W ~4 Q~ rl ~~ ~. i ! ~ -f ~ ~ ~; 21 Attachment 8 INTRODUCTION Town & Country Homes is requesting the following reviews for a new multiple-family community in Legacy Village called Heritage Square II: Comprehensive Plan Amendment Application We are requesting that the northeast corner of Lot 1 Block 1 of the property be reguided from a Business Commercial land use (BC), to aHigh-Density Residential land use (R- 3H) to accommodate for a an attractive multi-family residential plan. PUD Application We are requesting to rezone the northeast corner of Lot 1 Block 1 from Business Commercial (BC) to High-Density Residential (R-3H), and request that the entire Heritage Square II community be zoned as a Planned Unit Development (PUD). Community Design Review Board Application Heritage Square II has many neo-traditional elements creating a unique community and emphasizing pedestrian traffic and the streetscape. The layout and product design naturally encourages residents to walk and socialize in common green space areas. The community is interconnected by a series of sidewalks, trails, wetlands, special green spaces and complimenting rain gardens. Front door entrances face the streets, making for a charming streetscape. The most substantial entrance is on the north central side of the community off County Road D, where it intersects with Kennard Street. Kennard Street is well dressed with decorative landscaping, street lighting, and a large roundabout located next to the entrance to our Heritage Square community currently under construction. The entrance on Kennard Street into Heritage Square II will have monuments similar to the stylish monuments planned for Heritage Square. All this makes for a very welcoming and eye- catching sense of amval into the community, and into Legacy Village as an exemplary and sophisticated mixed-use development. HOUSING STYLES The Majestic Collection All 176 homes in Heritage Square II will be of our ground breaking Majestic Collection, a brand new row-style townhome that would make its debut in the Heritage Square II community. Conceptually, this Collection is similar in to our Hometown Collection that will be built in Heritage Square. The difference being that the Majestic Collection is a 3- level townhome with rear-loaded, tuck-under garages, front balconies, and evolution in size and architectural detail. Building the Majestic Collection in Heritage Square II carries on the smart and elegant concept of Legacy Village, and offers yet another option for homebuyers that is innovative in the marketplace. This collection contributes to a pedestrian-friendly, urban style streetscape with front entryways facing the streets. Some other features unique to the Majestic Collection are rooms located on the end units that hide meters and other equipment. A plan is attached to illustrate this nice element. Most of the striking architectural details accentuate the facades of the buildings that face PROJECT NARRATIVE HERITAGE SQUARE II - MAPLEWOOD, MN 3 22 the street, but the backsides have not been ignored. Different materials are used to break up monotony, such as vinyl shake accents, rock face block, varying rooflines, and windowed garage doors. Overhangs above the garage doors also provide undulation. There are three color packages chosen for the buildings. A matrix is included in this submittal, along with an Anti-Monotony Plan, that demonstrates the objective to provide variation in color schemes throughout the community. Preliminary Plat Application We request to re-plat three areas of the community to accommodate for requested zoning changes on the northeast corner of Lot 1 Block 1, modifications in the layout of the rental housing buildings on Lot 4 Block 2, and road alignment alterations on the western portion of Lot 1 Block 1, which leaves a 78,250 square foot open space identified as Outlot A This also signifies a formal request to review the platting of our entire proposed Heritage Square II Community. Final Plat Application We request to have the final platting of Heritage Square II reviewed concurrently. HOMEOWNER'S ASSOCIATION All private drives, sprinkler systems, monument signs, and common open space areas will be owned and maintained by one homeowner's association for the multiple family area. GUEST PARHING There are 2 parking spaces in all garages. The driveway areas for the Majestic Collection allow enough room to maneuver a vehicle, and deters guest parking. This design is meant to encourage guest parking along the street, by the front doors to enhance the character of the streetscape and common courtyards. Guest parking is designated on the private streets and driveways. Overnight guest parking will be available on private streets and parking bays. PHASING The project is proposed for site construction in a single phase. The Developer intends to develop the property as soon as all governmental approvals and permits are in place. UTILITIES The grading and utility plans illustrate the general layout of the proposed watermain, sanitary sewer, storm sewer, rain garden and ponding areas. A central storm sewer system is planned to convey street runoff water to a storm scepter and treatment/sedimentation pond before it continues onto wetlands. Rain gardens with a superior underground infiltration system are located throughout the development. EXISTING POWER LINES There are power lines, towers, and an associated easement near the property. The lines are owned and operated by Centerpoint Energy (NSP). PROJECT NARRATIVE HERITAGE SQUARE II - MAPLEWOOD, MN 4 23 Attachment 9 HARTFORD ~ROUp, IlvC. Real Estate Development Arehiteciare .Engineering. Financial Services July 14, 2004 Via email and U.S. Mail Melinda Coleman (Melinda.Coleman(cr~,ci.ma~lewood.mn.us) City of Maplewood Community Development 1830 East County Road B Maplewood, MN 55109 RE: Townhome/Rowhome Project Lot 1, Block 1 and Lot 1, Block 2, The Legacy Village at Maplewood Dear Ms. Coleman: I write to confirm our conversations regarding recent events involving the townhome project to be constructed on the above referenced property, and the sale of a portion of this property to Town & Country Homes ("T&C"). This property has been approved by the City of Maplewood for rental or for-sale townhomes. As you are aware, T&C had originally contracted with Legacy Holdings-MW, LLC ("Legacy") to purchase the entire site and construct approximately 180 for-sale townhomes. The project is called Heritage Square II, and T&C has received approval from the Planning Commission. Its application is scheduled to be considered by the City Council on July 260`. During T&C's investigation of the property, however, it discovered certain factors, including soil correction issues, on Lot 1, Block 1 (the "West Portion"), which in its opinion impacted the economic feasibility of its project. After discussing the matter in depth with Legacy, T&C has agreed to purchase only Lot 1, Block 2 (the "East Portion") of the site. Even though T&C will no longer be acquiring the West Portion, its development plan for this East Portion remains unchanged, and it will seek approval for only the East Portion on July 260i. Legacy supports T&C's application and recommends approval by the City. HARTFORD GROUP, INC. • 12100 Singletree Lane, Suite 100 • Eden Prairie, MN 55344-7933 (952) 746-1200 • Telephone www.hlurtfordgrp.com (952) 746-1201 • Fax 24 Regarding the West Portion, Legacy intends to retain and develop this property. However, since Legacy's site plan will differ somewhat from that previously submitted by T&C, we plan on submitting a separate, new application to the Planning Commission by the end of July. I have enclosed for your review a copy of Legacy's preliminary site plan together with color elevation drawings of our current rowhome design for the site. Please note that Legacy's product will include superior architecture and underground parking. This revised site plan with underground parking has been completed in an effort to mitigate poor soil conditions. We believe strongly that this alternative plan and building architecture will compliment T&C's Heritage Square II and will be a positive addition to the Legacy Village as a whole. As we move forward, Legacy will be working closely with T&C to address site issues such temporary drainage during construction, permanent drainage and ponding to the satisfaction of City Staff and the Council. Please contact me with any additional questions or concerns. Very Truly Yours, Frank A. Janes General Counsel Direct Dial: (952) 746-1202 Email: ftanes(t~hartfordgi~-p.com cc: John C. Brandt (via email jbrandt ~,hartfordgra.com) Terry Matula, Town & Country Homes {via email tmatulana,townandcountryhomesmn. com) HARTFORD GROUP, INC. • 12100 Singletree Lane, Suite 100 • Eden Prairie, MN 55344-7933 (952) 746-1200 • Telephone www.hartfordgrp.com (952) 746-1201 • Fax 25 Attachment 10 ~~~~ ~c j _ - - ~~_ ao _ ~ ~~;, ; ~~~ ~ , ~_ „ ; .u ~~f a~ :~~ , ~ ,~;E,~, ~ ___ _ ,. W _ _, ~- ~- ~~ _ - - - - - ~ ~ __ - ____ ~ ~ _ -_= v - _ _ _-- _ ~ ___ __ - o n __ -~-_--~!_~c ~ ~~ ~_ i i i i i ~Y> _ _______ < _ ~ ~ i-~.E y v ` ~ 1 ~__~~ ~~ ` ~ ` I ~., , 5Y ~ Ly ~ ~ ~r--«_E ~~ ~ ~0 as `` ~ ~ x ~ ~s x x x ~~ r <~ ~ O ¢r O ~ a~ ~ ~~ ~~ 1 U 2 Q OD ~ i---=---~ E ~ ~ ~ x ~ , Q~ d 8 I Ix ~-. - rn , , ~ ,~ ~/ ' ~ i i O °Q i ~ ~ rn / /i~ i ~ a f 0 ~ ~ a .~ "~ Wz /, ' ~O w Oda i i ,, ~ ~ ~ ~ ~ ~ ~ ~, ~ ~ ~ ~ ~ ! W 2 ~ ~ `. d'~ lit ~I~'~ ~ ~ ~ % '~ ~u o w ; , 3 ~ z~ ~ I I ' a ~` ~ ~~, I ~ C ~ ;' i i i w " T ~~ 1 ~ , I , ~ Ig' H ~ ' ' ~ _ ~ ~ ~ F- i /~ i ,~ ' w F- < ~ l. __.~ .r ~ Z LU 3 ~ ` > I ~ .~ ~ -~~ ~ j ~ q ~ O~ ,~ ~ ~ o l o w l 1 i O ; o / ~__..__~ ~ ; I o ~ % ~ i ; / ,, ; 1 , ~, ~' ~ _ j ,T o io i ~ ~ j ~ ~ 1 DO ~'` O '^ ~ ~ i ~, = u ~ ~ 00 -~, ~ ~ ~ u6i X 1 ~ O ~~ ~ i~ ~ ~ W ~ ~ !f wt- o3°z oY~o h ~ ~ ~ b' ' C ~~ 7 ~~ti ~ $ OKa + ~o° o ~ o a q , 11 u( ` m~ ner~ ~ ~'~ ' 00 ~ ~` ~ ~ a c~ , ~~ O ~ T _ "~ _ ~ a '~ ~ \ \ ~~ ~ 100 %/ ~S \ \ ~ ~A ~ ,,\ ,\/,, __ ~ ~~ c o `~"~,"~ ~ , ~~ ` ~ u ~ c ~~ ` ,. ~~ 26 Attachment 11 27 Attachment 12 PREVIOUSLY-APPROVED RENTAL-TOWN HOUSE AND OFFICE PLAN Legacy Village Townhome Buildings and Streets 28 Attachment 13 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 14, 2003 Council Chambers, Municipal Building Meeting No. 03-14 H. PUBLIC HEARINGS 1. 8:27 P.M. Legacy Village PUD (County Road D and Southlawn Drive) Comprehensive Plan Amendment (4 Votes) Conditional Use Permit for Planned Unit Development Preliminary Plat Tax Abatement Plan a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. Phil Carlson, of Dahlgren, Shardlow and Uban, a planning consultant for the city provided further specifics of the project. d. Commissioner Pearson presented the Planning Commission Report. e. William Griffith, attorney for the Hartford Group presented further details. f. Paul Steinman, Vice President of Springsted, spoke on the abatement analysis for the project. 9:33 p.m. Athree-minute break was taken. g. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Gerald Peterson, 3016 Hazelwood Street North, Maplewood George Supan, 3050 Hazelwood Street North, Maplewood Kevin Berglund, 1929 Kingston Avenue East, Maplewood Bill Griffith, attorney for Hartford Group h. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the following resolution approvin; a comprehensive land use~lan amendment for the proposed Le~acy Village on the south side of County Road D between Southlawn Drive and Hazelwood Street: RESOLUTION 03-07-128 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the Hartford Group Inc. applied for a change to the city's land use plan from BC (business commercial) to R-3H (high density residential) and P (park). 29 WHEREAS, this. change applies to the property located on the south side of County Road D between Southlawn Drive and Hazelwood Street. The legal description is: Doyle Park, Lots 1-8, 14, 15, 18, 29-36, Block 2 and Except the West 10 acres, the North'/2 of the Northeast'/a in Section 3, Township 29, Range 22 (Subject to roads and easements). WHEREAS, the history of this change is as follows: On June 2, 2003, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission tabled action on this proposal since the applicant was in the process of revising their plans. 2. On July 7, 2003, the planning commission continued discussion of this proposal and recommended that the city council approve this land use plan change. 3. On July 14, 2003, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above described changes since they would be consistent with the comprehensive plan's goals and policies such as: 1. This project would promote economic development that will expand the property tax base, increase jobs and provide desirable services. 2. It would provide a wide variety of housing types. 3. It would integrate development with open space areas, community facilities and significant natural features. 4. Adequate services would be provided such as for streets, utilities, drainage, parks and open space. 5. This project would provide attractive surroundings at which to shop, work and live. The land use plan changes described in this resolution refer to the following segments of the Legacy Village development as shown on their preliminary plat for this project: The following parcels on the Preliminary Plat would be changed to Park: a. Outlot F -public park; and b. Outlot I -public park. All other parcels on the Preliminary Plat except those noted above as Park or remaining BC would change to R-3H High Density Residential: c. Lot 1, Block 1 -rental townhomes, except for the office suites/clubhouse site; d. Lot 1, Block 2 -rental townhomes; 30 e. Lot 1, Block 3 -senior assisted living; f. Outlot B -multi-family; and g. Outlot H -for-sale townhomes; Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays-Councilmember Koppen Councilmember Wasiluk moved to adopt the following resolution approving a conditional use Hermit for the nronosed Leeacv Village on the south side of County Road D between Southlawn Drive and Hazelwood Street: RESOLUTION 03-07-129 CONDITIONAL USE PERNIIT RESOLUTION WHEREAS, the Hartford Group, Inc. applied for a conditional use permit for a planned unit development to develop amulti-use development called Legacy Village. WHEREAS, this permit applies to the property located on the south side of County Road D between Southlawn Drive and Hazelwood Street. The legal description is: Dorle Park, Lots 1-8, 14, 15, 18, 29-36, Block 2 and Except the West 10 acres, the North'/2 of the Northeast 1/a in Section 3, Township 29, Range 22 (Subject to roads and easements). WHEREAS, the history of this conditional use permit is as follows: On July 7, 2003 the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on July 14, 2003. 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 approves the above-described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of 31 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. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to these code requirements: All construction shall follow the site plan that the city stamped June 12, 2003. The Director of Community Development may approve minor changes. • 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. • The city council shall review this permit in one year. Approval is also subject to the following conditions: 1) Rental Townhomes and Office/Clubhouse: a. The project will be constructed according to the plans from Hartford Group dated 6/2/03 in all details, except as specifically modified by these conditions; b. A sidewalk will be provided continuously on the north or west side of Street A between Kennard Street and Hazelwood Drive, including the segment between the office/clubhouse parking lot and townhome buildings 11 and 12; c. Sidewalk connections will be added connecting the power line trail to the curb of Street A opposite townhome buildings 6 and 8; 32 d. The sidewalks serving the fronts of townhome buildings 13, 16, 17, 18, 19, and 20 will be extended south to connect with the power line trail; e. Street B and Street C serving the townhomes will be constructed in their entirety with the townhomes, regardless of the status of the multi-family and commercial parcels to the east; Parking spaces will be provided at the ends of the driveways at the rear of buildings 1, 2, 3 and 4; 15/16; 19/20; 21/22; and 25/26, and sidewalks will be provided from those parking spaces connecting to the front sidewalks of each of those buildings; g. The infiltration trenches on the south sides of buildings 13/14, 15/16, and 19/20 will be modified to accommodate a revised alignment for the power line trail, provided that reasonable grades are provided for the trail and any sidewalks connecting to it, and approval of the city engineer concerning the size and function of the trenches; h. A 6'-wide sidewalk should be provided if at all possible on the south side of County Road D for the entire length of the project from Hazelwood Drive to Southlawn Drive, through continued discussion between the city and Hartford, focusing on exact sidewalk width, location, and right-of-way needs for turn lanes and other features of the County Road D project; i. A sidewalk will be provided on the south side of County Road D and sidewalks will be provided out to that sidewalk from the north side of buildings 1, 4, 21, 22, 23, 24, and 25, as well as to the clubhouse front entry and the clubhouse parking lot; j. The grades of the power line trail and all sidewalks will meet ADA guidelines for slope; k. Overstory trees will be planted along both sides of Street A at an average of 30'-40' on center instead of the average 70' spacing shown on the plans; 1. Overstory trees will be planted along both sides of Street B and on the west side of Street C at an average of 30'-40' on center instead of the sometimes 100' spacing shown on the plans, such additional tree islands to be coordinated with modified parking bays that might be added to this street; m. Overstory trees will be planted along both sides of Kennard Street in front of the townhomes at an average of 30'-40' on center instead of the average 50'-80' spacing shown on the plans; n. The curve in the middle of Street A opposite buildings 10 and 12 will be flattened as much as possible to limit headlights aimed into the front of the units; o. Front building setbacks (clubhouse and buildings 1, 4, 5, 14, 15, 21, 22, 23, 24, 25, and 26) to Hazelwood Drive, Kennard Street, and County Road D that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan, down to a minimum of 5' for the clubhouse and 15' for the townhome buildings, in order to enhance the urban character of the streets and intersections; p. Side yard building setbacks for all buildings that are less than required by the Zoning 33 Code are specifically approved within this PUD as shown on the site plan; q. Visitor parking spaces for the rental townhomes will be added or modified as follows: i. Parking spaces will be added so there is a total of at least 48 spaces on the west side of Kennard and at least 51 spaces on the east side of Kennard, such that the front door of no unit is more than 200 feet from a group of at least 5 spaces. ii. Street A will be widened to 26' curb-to-curb and on-street parallel parking will be added along the north and west sides of the street except for within 100' of the pavement of Hazelwood Drive and Kennard Street. iii. The private drive immediately south of buildings 2 and 3 will be widened to 26' curb-to-curb and on-street parallel pazking will be added along the north side of the drive. iv. Parking areas will be added behind buildings 1 and 4 where the driveway abuts the ponding azea, consistent with the recommendation of the city engineer on providing adequate grading and functioning of the pond. v. Pazking areas will be added behind buildings 15/16, 19/20, 21/22, and 25/26 to meet the pazking and distance criteria cited here. vi. Street B will be widened to 26' curb-to-curb and pazallel pazking will be added along the north and west sides of the street, or additional angled parking will be added to meet the criteria for parking spaces cited here. r. The parking lot for the clubhouse/office building will be modified to add "proof of pazking" spaces in the green area north and east of the swimming pool, for a total of 91 spaces possible in the lot. Such spaces will only be constructed if the owner believes they are needed, or if they are needed in the future to address parking problems at the building in the opinion of the community development director, who can order the spaces to be constructed. Such spaces will maintain a sidewalk connection between the swimming pool and clubhouse building in an island in the middle of the pazking bays as shown on the plans; s. An easement over the power line trail on this pazcel will be provided to the city for access and maintenance. 2) Senior Assisted Living: a. Front building setbacks to Kennard Street and Legacy Parkway that aze less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan, down to a minimum of 5', in order to enhance the urban character of the streets and intersection; b. Emergency exits -two fronting Kennazd Street and one fronting Legacy Parkway -will provide sidewalk connections to the sidewalks on the street; c. A sidewalk connection will be provided near the south side of the building connecting 34 Kennard Street to the path around the pond to the east; d. The entry at the far south end of the building will provide a sidewalk connection to the sidewalk noted above; e. The emergency exit on the southwest face of the building near the south end of the building will provide a sidewalk connection to the sidewalk noted above; f. The emergency exit on the south face of the northeastern leg of the building will provide a sidewalk connection south to the sidewalk abutting the parking lot; g. Overstory trees will be planted along the east side of Kennard Street and the south side of Legacy Parkway at an average of 30'-40' on center instead of the average 80'-100' spacing shown on the plans; h. Revise the site plan to show proof-of-parking to reduce the amount of surface parking. 3) Multi_Family Site (Outlot B): a. The multi-family site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use of the property is allowed as long as the provisions of the R-3A or R-3B zoning district (depending on the building size) and conditions outlined here are met; b. The multi-family site is approved for up to 50 units of housing; A building corner should be within 30' of the curb on the roundabout to maintain the character of the intersection; d. The building or buildings must be designed to continue the general pattern and sight lines of the townhomes to the west; e. Sidewalk connections must be provided to the power line trail on the south side of the parcel; Visitor parking must be provided at a ratio of 1/2 space per unit no more than 200' from the front door of any unit if townhomes are built, or the front entry of the apartment building if apartments are built; g. A play area or tot lot must be provided on site with easy access to the building entries and to the power line trail, within reasonable sight of as many of the units as possible; h. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; i. Overstory trees must be planted along the north side of the extension of Street B at an average of 30'-40' on center; j. An easement over the power line trail on-this parcel will be provided to the city for access and maintenance. 35 4) Retail/Commercial (Outlot A): a. The retaiUcommercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The building(s) on the retail/commercial site should be sited on the north side of the parcel within 15' of the County Road Dright-of-way with all parking to the south; c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; e. Access to the site will be off the east leg of the roundabout and another access drive off Street C between the roundabout and County Road D; and to County Road D at a shared driveway with the adjacent furniture store site; . f. All ground-mounted and roof-mounted mechanical equipment shall be screened according to ordinance; g. Overstory trees must be planted along the south side of the extension of Street B at an average of 30'-40' on center. h. Adequate separation, buffering and screening must be provided for the multi-family residential units from the front doors, parking azeas, loading areas, and mechanical equipment of this commercial building; 5) Furniture Store (Outlot C): a. The furniture store is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The building should be sited on the north side of the parcel within 15' of the County Road D and Southlawn Drive rights-of-way with all parking to the south. The design of the corner of the building should be such that reasonable and safe sight distances are maintained at County Road D and Southlawn; c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; e. Access to the site will be off the extension of the east leg of the roundabout, to County 36 Road D at a shared driveway with the adjacent retail/commercial site and up to two driveway accesses to Southlawn Drive at points to be approved by the city engineer; f. All ground-mounted and roof-mounted mechanical equipment shall be screened according to ordinance; g. Overstory trees must be planted along the west side of Southlawn Drive at an average of 30'-40' on center. h. Adequate separation, buffering and screening must be provided for the multi-family residential units from the front doors, parking areas, loading azeas, and mechanical equipment of this commercial building. 6) Commercial Site (Outlot D): a. The commercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. One of the buildings on the commercial site should be sited close to the corner of Southlawn Drive and Legacy Pazkway, within 30' of the Southlawn Drive right-of-way; c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The azchitectural chazacter and exterior building materials must be in keeping with the nearby senior assisted-living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and onto Southlawn if approved by the city engineer; f. All ground-mounted and roof-mounted mechanical equipment shall be screened according to ordinance; g. The pazking lot on this site must provide through connections and cross parking easements with the pazcel to the south (Outlot E); h. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway, Southlawn Drive, the path around the pond to the west, and to Outlot E. Such sidewalks must be separated from the parking lot - at curb level, not parking lot level; i. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; j. Overstory trees must be planted along the north side of Legacy Parkway and the west side of Southlawn Drive an average of 30'-40' on center. k. An easement over the power line trail on this pazcel will be provided to the city for access 37 and maintenance. 7) Restaurant Site (Outlot E): a. The restaurant site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; The architectural character and exterior building materials must be in keeping with the nearby senior assisted-living building, townhomes and other buildings if present; d. Access to the site will be off a shared driveway with the shopping center property to the south, provided easements and agreements can be reached with that property owner to provide such access. Access will be provided onto Southlawn if approved by the city engineer; e. All ground-mounted and roof-mounted mechanical equipment shall be screened according to the ordinance; f. The parking lot on this site must provide through connections and cross parking easements with the parcel to the north (Outlot D); g. There must be a sidewalk on the south side of the site connecting Southlawn Drive with the trail around the ponding area to the west. There must also be sidewalks connecting the building entry to the shared driveway on the south side, Southlawn Drive, and to Outlot D. Such sidewalks must be separated from the parking lot - at curb level, not parking lot level; h. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; Overstory trees must be planted along the west side of Southlawn Drive and the north side of the driveway access on the south side of the site at an average of 30'-40' on center. 8) Corporate/Commercial Site (Outlot G): a. The corporate/commercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The building must be sited close to the roundabout intersection on the corner of Kennard Street and Legacy Parkway, within 15' of both rights-of-way, to maintain the character of the intersection, with parking to the north and east of the building; c. The applicant shall submit a comprehensive sign plan. One criteria to be established, 38 however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted-living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and Kennard Street. The driveway access to Kennard Street at the northwest corner of the site may move north if needed for the realignment of the power line trail and to align with the driveway entrance to the park on the west side of Kennard; All ground-mounted and roof-mounted mechanical equipment shall be screened according to ordinance; g. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway, Kennard Street, and through the parking lot to the power line trail; h. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; i. Overstory trees must be planted along the east side of Kennard Street and the north side of Legacy Parkway at an average of 30'-40' on center. j. Adequate separation, buffering and screening must be provided for the multi-family residential units from the front doors, parking areas, loading areas, and mechanical equipment of this commercial building. 9) For-Sale Townhomes (Outlot H): a. The for-sale townhome site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the R-3C zoning district and conditions outlined here are met; b. Townhome buildings must be sited close to the roundabout intersection on the corner of Kennard Street and Legacy Parkway, and close to Kennard Street, within 20' of both rights-of-way, to maintain the character of the intersection and the streetscape; c. The architectural character and exterior building materials must be in keeping with the nearby senior assisted-living building, townhomes and other buildings in the development; d. Access to the site will be off the west leg of the roundabout at Legacy Parkway and Kennard Street, plus another access to Kennard Street further south, most likely in a loop street through the site. If the properties west of Outlot H fronting Hazelwood Drive are likely to develop when Outlot H is proposed for development, then consideration will be given to a public through street connecting Kennard Street and Hazelwood Drive as an extension of Legacy Parkway; e. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway, 39 Kennard Street, and the park and power line trail to the north. Such sidewalks must be designed within a clear system of open spaces and landscaping that serves all units more or less equally; f. Visitor parking must be provided at a ratio of 1/2 space per unit no more than 200' from the front door of any townhouse unit; g. Overstory trees must be planted along the west side of Kennard Street and along both sides of the major internal street(s) at an average of 30'-40' on center. 10) Public Park with Trail (Outlot F): a. The property will be deeded to the City as public park land, but will not be credited as land area in park dedication requirements. See Parks Director Bruce Anderson's memorandum (attached). b. Hartford will construct all the grading, ponding, and trails noted on the plans; Hartford will secure all necessary easements and agreements with the shopping center property owner to the south for grading and construction of the trail on the south side of the pond (and the extension of that trail west around the south side of the senior assisted living building noted previously). Once agreed to, an easement at least 5' wider than the trail surface will be dedicated to the city for access and maintenance of the trail. 11) Public Park (Outlot )): a. The property will be deeded to the City as public park land, but will not be credited as land area in park dedication requirements. See Parks Director Bruce Anderson's memorandum (attached). b. Hartford will construct all the grading, play fields, equipment, and parking noted on the plans or as negotiated with the city; c. The power line trail will be realigned to cross Kennard Street further north to accommodate sidewalk connections to the townhomes to the north; d. Sidewalk connections will be provided in several locations to the power line trail in reasonable locations to connect all major activity areas with the trail; e. Sidewalk connections will be provided in appropriate locations to the sidewalk and green space system of the townhome development to the south, at such time as that development is planned or in place; f. Hartford will secure easements and agreements with the property owner to the south for the trail on the south side of the pond (and the extension of that trail west around the south side of the senior assisted-living building noted previously). Once agreed to, an easement at least 5' wider than the trail surface will be dedicated to the city for access and maintenance of the trail. 12) The Legacy Village site as a whole: 40 a. The applicant shall dedicate wetland-protection buffers around each wetland within this development. The width of each buffer shall be according to each wetlands classification as determined by the Ramsey-Washington Metro Watershed District. These buffers shall be dedicated to the City of Maplewood and shall be dedicated to the city prior to the issuance of the first building permit for this development. b. The applicant shall install wetland-protection buffer signs around each wetland buffer. These signs shall state "there shall be no mowing, cutting, filling or dumping beyond this point." c. The community design review board shall review the landscape plans using the criteria herein as a guide. d. The architectural plans for all buildings in Legacy Village are subject to the approval of the community design review board. e. The grading, drainage, erosion control, utility and roadway plans (public and private) are subject to the approval of the city engineer. f. The applicant shall meet the tree-replacement/tree-preservation requirements of the Maplewood Code of Ordinances. g. The city will be strictly enforcing the 7 p.m. to 7 a.m. no-noise requirement and strictly enforcing dust-control efforts for all phases of this development. h. The applicant shall coordinate the installation of the sidewalk along the County Road D alignment with the city engineer. Seconded by Councilmember Koppen Ayes-Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays-Councilmember Koppen Councilmember Wasiluk moved to approve the preliminaryplat date-stamped June 12, 2003, subject to the following conditions for the proposed Legac~ge on the south side of County Road D between Southlawn Drive and Hazelwood Street: 1) Public street right-of-way will be dedicated for County Road D, Kennard Street, Legacy Parkway and Southlawn Drive as recommended by city engineering consultant Jon Horn in his memorandum. In addition, the applicant shall dedicate the necessary right-of-way for a sidewalk along the County Road D alignment, subject to the city engineer's approval. 2) Outlot f and Outlot I will be dedicated to the city for public park purposes as recommended and approved by the city parks director; 3) An easement over the power line trail will be dedicated to the city as required by the city engineer and parks director, and as modified by conditions of approval for the PUD; 4) Wetland buffer easements shall be shown around the wetlands on the site. The applicant shall dedicate these wetland buffer easements to the City of Maplewood. 41 Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, Councilmembers Collins, Juenemann and Wasiluk Nays-Councilmember Koppen Councilmember Collins moved to authorize the preparation of a development agreement with the Hartford Group Inc. providing tax abatement not to exceed a present value of $3.8 million dollars for the proposed Legacy Village on the south side of County Road D between Southlawn Drive and Hazelwood Street. Seconded by Mayor Cazdinal Ayes-Mayor Cazdinal, Councilmembers Collins, Juenemann and Wasiluk Nays-Councilmember Koppen 42 _ Allee of Hooey Locutt -~ _ in Boulevuda on Kennard -~~_ _ =r~r _ -- -= _ ._ ... Y__... _ ,./- I ~ r. RI ~ FXECUTIVe ~' `l ~ ~ ji~ MUL' -iA1N.. Y I -~-- -~-- •~ i Goland Conlse¢ Paocw io Mdiaoa ~'~I1 ICE SUI1E ~-, $I IL I 3, O . 3: ~ \` 'TTTITIIT,rI'I11T1T~~ „',~ I I~I A Niv11,RE ~ ~ EHDM 1111. 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Paada Cdond COOnN t ~ /1.~u~~' / 1.41.11K...4 1J:.1L.t I{EY Pie` PLANT SCHEDULE o Elm KENNARD MEDIANS Honey LtKwt QTY COMMON NAME/BOTANICAL NAME SIZE ROOT SPACU4G DECm0009 TRBH.S _ _ __ _ _ 0 Lutdea 29 , Liodee ___ 20' 1ldcB 25' O J Street 7fsU! tOSFS I ^ Cokxed Conctee Paam PaaeeBg'~ 659 Piek Row .-__-'~ #t Gmde____Couc~_ 3'O~_ ~ 659 ~ ___~... _ #1 Gnda ~. Conc ~ J'_OC _ S Ttuf Gtaa Tmf Gnw Bodeaatda ® Shtab Aoae Bed ~ a.. , • • KENNARD BOULEVARDS ;' Stttxt lighdog ~ QTY COMMON NAME/BOTANICAL NAME SIZE ROOT SPACING '.~ DHCm0005 T9ffi _ _ _ I ' 152 I 20' CAL; BdtB ^- ~ -- I I KENNARD ROUNDABOUT .~ QTY COMMON NAME/HOTAN[CAL NAME SIZE AOOT SPACING nB®uousr9aes 1-~-~ ~ -- --- ~ ---- zoo cit= aa~B , _aR i>Y~ A / srlxtm xostts i I 155 : Pick Ames __ ~_#1 Grade. Conc TOC Litdtm ~md "'~ 1 61 Red Rona .. . _ - _L il_7_ Gnde_Cone L _ 3' OC, _, Pick aad Aed Shmb Aow .. LEGACY BOULEVARD .'''w"IS ,~! DH®vOVO SON NAE~;/BOTANICAL NAME SIZE ROOT SPACING ., .._, Cobted Cwaete Paam 23 Elm " - -- -'- - -- ~ -^''1~0'Z.lS. -Baca - . in the Met9w I I 43 Attachment 15 Engineerins Plan Review PROJECT: Heritage Square II PROJECT NO: REVIEWED BY: Erin Laberee and Chris Cavett Maplewood Engineering Dept. DATE: May 28, 2004 Town and Country Homes is proposing to develop for sale town homes on the Legacy Village planned unit development previously approved for rental town homes and an executive office site. The developer shall address the following issues. Crrading & Erosion Control 1. The engineer shall provide an erosion control plan. 2. The developer must sign a maintenance agreement for the maintenance and annual cleaning of the rainwater gazdens. 3. The engineer shall note the top and bottom elevations of the proposed retaining walls. A building permit will be required for the proposed retaining wall greater than four feet high. A plan and a specific soil stabilization detail for the wall design will be required as part of the building permit. 4. The proposed grades at the west end of the tunnel do not work. The proposed grades indicate a low point with no outlet, just west of Kennazd Street, at the trail tunnel. The applicant shall revise the grades to eliminate the low point. 5. The applicant shall coordinate grades for Outlot Tot Lot azea with the city's plan and contractor. Utilities 1. Submit plans the Saint Paul Regional Water Services for their review. Drainage 1. The engineer shall provide drainage calculations in compliance with the storm water management plan for the Maplewood Mall Area Transportation Improvements. The engineer shall provide the "Enhanced Practices" worksheets. 2. The outlet structures in several rainwater gazdens have rim elevations set at the bottom contour of the gazdens. To maximise infiltration, the rim elevations of these structures shall be set approximately 0.5 feet or higher above the bottom contour elevation of the rainwater gazdens. 3. Rainwater gazdens typically include a rock sump. The sumps consist of 1.5" of clean, clear rock wrapped in Type 5 geotextile filter fabric, (felt). The contractor places the top of the rock infiltration sumps about 12 inches below the finished 44 bottom of the basin. If rock sumps aze utilized within the proposed development, the project engineer shall provide a detail and description of how the contractor is to construct the sumps and the rainwater gazdens. 4. Provide emergency overflow swales from the rainwater gardens and ponds. The overflow swales shall be lined with a permanent soil stabilization blanket, (Enkamat, NAG C350 or equal). Indicate emergency overflow elevations on the drawing. 5. The applicant shall obtain off-site drainage and utility easements. 6. The applicant shall obtain approval from the pipeline for the 27" storm sewer crossing. 7. The utility plan shows 27" ~IDPE being utilized. This size I-IDPE pipe is not manufactured. The next closest pipe sizes available in HDPE aze 24" or 30". The engineer shall revise the storm sewer to reflect this. 8. The engineer shall provide storm sewer details. Landscaping 1. The applicant shall provide additional landscaping in and around the ponds and rainwater gardens. Include anative-grass seed mixture for upland and lowland azeas around any rain gazdens or ponds. Misc. The applicant shall coordinate the Legacy trail alignment with the city and the city's consultant. 2. The applicant shall coordinate construction of Legacy trail with the city's contractor and provide the city with all of the necessary Right of Entry Agreements. 3. The developer will be required to enter into a developers agreement with the city. 45 Attachment 16 CONDITIONAL USE PERMIT REVISION RESOLUTION FOR A PLANNED UNIT DEVELOPMENT WHEREAS, Town and Country Homes applied for a conditional use permit to revise the Legacy Village planned unit development by replacing the rental town homes with for-sale town homes. WHEREAS, this permit applies to the 7.7-acre site in Legacy Village lying south of County Road D East between Kennard Street and Southlawn Drive. The legal description is: Lot 1, Block 2 of Legacy Village of Maplewood. WHEREAS, the history of this conditional use permit is as follows: On June 7, 2004 the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on July 26, 2004. 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: 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. 46 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 S2NIC2S. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1. The development shall follow the plans date-stamped April 30, 2004, except where the city requires changes and except for that part shown on the west side of Kennard Street. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the Assistant City Engineer's report dated May 28, 2004. The applicant shall also comply with any additional conditions of the Assistant City Engineer due to the change in this proposal to delete the area west of Kennard Street from this plan. 5. The applicant shall sign a development agreement with the city before the issuance of a grading permit. 6. The applicant shall provide a copy of the homeowner's association documents to staff for approval. 7. ~er-tal-Town homes and Office/Clubhouse: a. The project will be constructed according to the plans from Town and Country Homes date-stamped April 30, 2004 ,except as specifically modified by these conditions and with the exclusion of the town homes on the west side of Kennard Street. b. A sidewalk will be provided continuously on the north or west side of Street A between Kennard Street and Hazelwood Drive, including the segment between the office/clubhouse parking lot and townhouse buildings 11 and 12. 47 c. Sidewalk connections will be added connecting the power line trail to the curb of Street A opposite town home buildings 6 and 8 and connecting Village Trail East (east of Kennard Street) in at least three locations to be approved by staff. d. The sidewalk serving the front of town home buildings 13,-~6; ~ ~ 1 Q ~ ~ ^^~ '^ will be extended south to connect with the -.-moo, power line trail. Trail connections to the power line trail shall be as required by staff. e. Village Trail East (east of Kennard Street) ~tree~--E and Flandrau Street East meet-G serving the town homes will be constructed in their entirety with the town homes, regardless of the status of the multi-family and commercial parcels to the east. f. Parking spaces will be provided at the ends of the driveways as shown on the plans and wherever else then may fit. at-##~e-Feaf g. , h. Asix-foot-wide sidewalk should be provided i~at-all-passible on the south side of County Road D for the entire length of the project from Hazelwood Street lire to Southlawn Drive.; prajest. i. j. The grades of the power line trail and all ublic sidewalks will shall meet ADA guidelines for slope. k. The landscape plan is approved as proposed with the exception tha,~ the boulevard trees along Kennard Street shall be planted actor ' to the a roved Kennard Street Boulevard-Tree Plantin Ian. 48 1 . m. n. The curve in the middle of Street A opposite buildings 10 and 12 will all be flattened as much as possible to limit headlight aimed into the front of the units. The front setbacks proposed for the town homes east of Kennard Street are approved as shown. The proposed setbacks for the town homes and commercial building west of Kennard Street shall not be less than five feet for the clubhouse and 15 feet for the town home buildings in order to enhance the urban character of the streets and intersections. q. Visitor-parking spaces far the metal town homes will be added or modified as follows: 1) ~FS~S-spase~ The applicant shall provide visitor-parking spaces at the minimum quantity of one-half space per town home unit. Furthermore, the visitor-parking spaces must be placed such that the front door of no unit is more than 200 feet from a group of at least five spaces. 2) Street A will be widened to 26' curb-to-curb and on-street parallel parking will be added along the north and west sides of the street except for within 100' of the pavement of Hazelwood Drive and Kennard Street. 49 3) The private drive immediately south of buildings 2 and 3 will be widened to 26' curb-to-curb and on-street parallel parking will be added along the north side of the drive. 4) Parking areas will be added behind buildings 1 and 4 where the driveway abuts the ponding area, consistent with the recommendation of the city engineer on providing adequate grading and functioning of the pond. The parking lot for the clubhouse/office building will be modified to add "proof of parking" spaces in the green area north and east of the swimming pool, for a total of 91 spaces possible in the lot. Such spaces will only be constructed if the owner believes they are needed, or if they are needed in the future to address parking problems at the building in the opinion of the community development director, who can order the spaces to be constructed. Such spaces will maintain a sidewalk connection between the swimming pool and clubhouse building in an island in the middle of the parking bays as shown on the plans. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. The Maplewood City Council approved this resolution on July 26, 2004. 50 Attachment 17 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 25, 2004 V. DESIGN REVIEW a. Heritage Square Town House Development -Legacy Village Mr. Ekstrand said Town and Country Homes is proposing to build for-sale townhomes on the portion of the Legacy Village PUD (planned unit development) that was previously approved for rental townhomes and an executive office site. The office site was proposed on 1.5 acres of this 20-acre site. The applicant is proposing to build 178 townhomes. Mr. Ekstrand said this site was previously approved for 198 townhomes and the office building. This proposed change requires the following approves from the city council: 1. A revision of the Legacy Village PUD for the change in ownership/rental status as well as revision of the commercial site to residential use. 2. A comprehensive plan amendment to build townhomes where the executive offices were previously approved. This would be a change from BC (business commercial) to R-3H (high density residential). 3. A revised preliminary plat for the new lot line configuration. 4. A revised flat plat. 5. Site, building and landscape plan approvals. The planning commission will review the first four requests. Staff will review these in a separate report. At this time, the applicant is requesting that the community design review board review the site, building and landscape plans. Chairperson Longrie-Kline said she couldn't tell by looking at the color renderings if there was any brick used on the building elevations so she asked if staff knew the answer? Mr. Ekstrand said the applicant could answer that when they have the opportunity to speak. The applicant brought a materials board for the board to see. Chairperson Longrie-Kline asked staff if they knew how many proposals the board has required brick to be used in some form on the building elevations? Mr. Ekstrand said the city has had a record of requiring brick to be used at least as an accent material and often times used as a wainscot below to replace concrete block elements. The city requires brick to be used on the building elevation to a certain degree. Mr. Ekstrand said it wouldn't be out of line to require brick to be used in some form on the buildings. He didn't mention it in his report because he thought the buildings have a lot of design and character already. Board member Olson asked if these units would be rented or sold? 51 Mr. Ekstrand said these units would be for sale. Board member Olson asked if Phase 1 for Legacy Village was for sale or rent? Mr. Ekstrand said those units are for sale as well. Board member Olson asked how much of the Legacy Village development is handicap accessible because it appears that the plans the board has reviewed so far have all been multi-level homes. Board member Olson said she didn't bring that issue up in Phase I because she thought Phase II would have accessible housing units but now she doesn't see any in this proposal either and this concerns her. Mr. Ekstrand said perhaps the applicant could address that. Board member Olson asked if there was a minimum percentage of handicap accessible housing that the city code requires for new developments? Mr. Ekstrand said no typically there isn't. It's something that can be considered but there is no code requirement stating there needs to be so many handicap accessible units. Board member Olson said that concerns her. She expected to see some handicap accessible housing somewhere in this Legacy Village development. Board member Shankar asked how the traffic would flow through the area. He asked if the traffic would go to Kennard Street or to County Road D and Highway 61 ? Mr. Ekstrand said the extension to Highway 61 for County Road D is under construction. Phase I for the Legacy development has begun and the roadway should be drivable by the end of this year. By the time the developer has a number of units to warrant traffic circulation the roadwork will be completed. Chairperson Longrie-Kline asked what the square footage of this development would be? Mr. Ekstrand said he would ask the developer to answer that question. Chairperson Longrie-Kline asked the applicant to address the board. Mr. Kevin Clark, Director of Land Development, Town & Country Homes, 7615 Smetana Lane, Suite 180, Eden Prairie, addressed the board. He said the grading has begun for Heritage Square and is close to completion. The County Road D grading should start at the end of June to early July and should be done by the end of the construction season. As soon as the ground dries up more they will start putting in the underground elements. They are going by the plans previously approved by the Hartford Group regarding accessibility. This is the first community they would be building the Majestic Collection product in. The approval of the site was not slatted for a one level building project, which is the reason they haven't proposed a one level building product for this project area. Board member Olson said she understands it's not his fault but she would like to severely scold whomever it is that dropped the ball on this. She can't see a development of this size without one-level handicapped accessible housing. 52 Chairperson Longrie-Kline said the design review board doesn't have control over this particular aspect of development but they can voice their concerns. Board member Shankar said he believed the city code would require a certain amount of handicap accessible units for each development and before the building permit can be released the building official would require a certain number of units to be accessible. Board member Olson said the board hasn't had an opportunity to review these plans and she knows this is not his fault. She said to have this issue come up at this late of date really bothers her. Mr. Ekstrand said this is a valid point and the city should have been looking at the handicapped accessible housing issue over a year ago. The issue over a year ago was with housing affordability and the number of affordable units to have in the development. The first project they had to provide at least 50 affordable housing units and another development will have to provide 50 additional affordable housing units. Board member Olson asked if all affordable housing homeowners have to be able to walk stairs? Mr. Ekstrand said the CDRB minutes would reflect these concerns and staff would pass these on. He said he wasn't aware of a building code requirement for a certain number of handicapped accessible units. Board member Olson asked if there was any way the city could go back to Phase I and require handicapped accessible units? Mr. Ekstrand said no it's too late. Board member Olson said there is no Phase III so apparently it's too late to require handicapped accessible housing for this large development. Mr. Clark said there is additional housing to be built in Legacy Village, which would have handicapped accessibility as an element. Mr. Ekstrand said there is an apartment that is part of the Hartford's proposal that is 50 units that east of this project. If the apartment building is a multi-story building it would have an elevator, which gives accessibility to the floors. Board member Olson said she was thinking of high quality retirement housing. If there are stairs in every single multi-level unit, retired people would have a problem, which is a concern of hers. Mr. Clark said regarding the question about brick, they are introducing stone elements on the building, which is a split-faced block along the lower four feet of the building. Because of technology the color renderings didn't make it evident that split-faced block would be on the exterior. They had proposed to use a gray split-faced block but found the color gray washed into the siding color too much and prefer the appearance of the dark tan block instead. 53 Chairperson Longrie-Kline said because of the color copies the colors tend not be the same as the actual building sample colors. That is another reason why the board really appreciates building samples as part of the review process. Mr. Clark said the question was asked earlier regarding square footage for these units. The units are going to be 1,800 square feet to 2,500 square feet with the basement finished. The price range for the Majestic Collection is proposed at a range of $225,000 to $245,000. Board member Shankar asked what landscaping would be used under the decks? Mr. Clark said they wouldn't be laying sod; they may use mulch of some sort and possibly some plantings. Chairperson Longrie-Kline said she is assuming there would be an association for this development. Mr. Clark said they would use the same homeowner's association for both developments in Legacy Village. Chairperson Longrie-Kline asked if the applicant could discuss the room on the end of the units that would hold the utility meters? Mr. Clark introduced Mitch Littfin who would speak more on the utility rooms. Mr. Mitch Littfin, Regional Architect with Town and Country Homes, addressed the board. He said these buildings would have a fire suppression system in them so they need to put the system someplace where it can be accessible to the fire department. The can carry that stone element out and use landscaping and/or fencing to shield the gas meter, telephone and junction boxes. They can't put the gas meters in an enclosed area because there isn't enough ventilation. They are working on those dynamics with the fire life safety but understand the need to shield those meters. They will either extend the stone like a retaining wall off the edge or put a fence around that area to shield it. Chairperson Longrie-Kline said from her perspective the board wants to make sure the meters are enclosed some how and using the block elements seem consistent with what they are doing with the other enclosures. Board member Olson said she is concerned about the safety of these security boxes and how many keys would be out in the public. If a corner area is built she wants to ensure children would not hide there. Screening the meters is a priority so the meters wouldn't be visible from the street because that could attract vandalism. Mr. Clark said the fire marshal is the only person with the key for the fire suppression system. They are looking at the options of what boxes they can have on the interior and which ones have to be on the exterior. Such as cable boxes and telephone boxes so there is less stuff on the outside wall. There are certain space and distance requirements by both Xcel and the fire department so power and water is separated. The proximities of the electricity and water will dictate where the locations end up. Board member Olson said in the color handouts they received this evening there were four different color schemes to look at but she only sees three color schemes on the building materials board. 54 Mr. Clark said there are only three colors to be used for the building materials. They aren't using the blue color scheme. The building materials board they brought this evening show the different combinations of color schemes that would be used on the buildings. Board member Shankar asked if there would be exterior lighting on the building? Mr. Clark said yes there would be entryway lighting and sensor lighting that would come on at dusk and shut off at dawn on the garage exterior. The units that have porches will also have an exterior light. Board member Driscoll asked for a clarification regarding the materials and color schemes to be used. It was hard to distinguish from the color renderings. She said it appears to be three different finishes but they show two in the color photos so she is confused. Mr. Lifftin pointed out for the front elevation the teal green color is used for the siding and is the base color and the tan color is the shake product and will offset the green. It is separated by a white band board and on some gable ends as well. Because of the shadowing effect it appears to be three finishes but really is two finishes. Board member Driscoll asked what the purpose of the retaining wall south of wetland F was and how high the wall would be? Mr. Clark said the purpose of the retaining wall is for the topography and grade of the site. Based on where the water from the site goes dictates how deep the pipes have to be. If they are able to dig the pipes deep enough will depend on the placement of the elevations. They have to work with the city engineering department on this. They also have to have the sidewalk at a certain elevation. As you move further away from the building the grade drops so the walls are holding the grade up in order to have the sidewalk in that location. In some cases they are creating the elevation and also trying to accommodate the elevation. Board member Driscoll asked if they had determined what the walls would be made of? Mr. Clark said they will use a modular retaining wall system because those types of walls allow engineering to tell you where the wall should go, what backfill is needed, and how long the fabric is that ties into the wall that holds them in. Boulder walls are not engineered. Chairperson Longrie-Kline said the rear of the property by the garage the building exterior appears to be all one-color siding. In the past the board has requested that the applicant extend the brick building material around the end of the building for added durability. Mr. Lifftin understood what the board was referring to. On the rear elevation they broke up the exterior by bringing the windows out, adding the gables, and boxing out the windows on the end units and awnings over the garages. They chose to use more architectural features to break up the back of the building rather than changing the texture or the color. To break up the middle units they chose to use a different window trim. They believe it's a nice combination of architectural details with fewer embellishments on the rear. Chairperson Longrie-Kline said in many of the developments approved by the board they have recommended that brick is added to the side and rear elevations for added durability. 55 Board member Shankar said in previous developments the reason the board has recommended extending the brick was because they were using one color of siding and there wasn't much architectural detail on the building. In his opinion this development has more architectural enhancements and there is no need to require the extension of the block. Board member Olson said she thinks the applicant did an exceptional job with this development and it doesn't bother her that there isn't the stone element on the rear elevation. She likes the porches, overhangs and the attention to detail given to the front of the units and she is very happy with the presentation. Chairperson Longrie-Kline said she thinks the enhancements are very nice as well. Board member Driscoll said she likes the architectural details and felt this was a nice plan. Mr. Ekstrand said the front elevations are nicely enhanced, he likes that the back elevation is hidden, the end elevations are highly visible and appear to be very plain. This is a concern of his because there are a lot of end units that are exposed to both County Road D and Hazelwood. Maybe some thought could be given to what can be done to solve this problem. Board member Olson said the board has approved less appealing end units than this proposal. She is very comfortable approving this development if there is appropriate landscape provided. Mr. Littfin said the appearance of the end units is also dependent on the location of the meter rooms. The meters could be located on either the end unit A or end unit C depending on where the utilities come through. Chairperson Longrie-Kline said she is concerned with the view people will have driving by this development and it's the board's responsibility to make sure this development is as appealing as possible. Board member Shankar moved to approve the plans date-stamped April 30, 2004, for the Heritage Square Second Addition, the second phase of Heritage Square Townhomes at Legacy Village. Approval is subject to the developer complying with the following conditions: (changes to the original motion are in bold.) 1. Obtaining city council approval of a comprehensive land use plan revision from BC (business commercial) to R-3H (high density residential) to build townhomes on the previously approved office site. 2. Obtaining city council approval of a revision to the previously approved planned unit development for this project. 3. Obtaining city council approval of the preliminary and final plat for this project. 4. Meeting the following site requirements from the Legacy Village PUD approval (these are subject to staff approval): ^ There shall be an east-west sidewalk provided between Hazelwood Street and Kennard Street on the north/northwest side of the main east-west drive. 56 ^ There must be a sufficient number of convenient sidewalk connections from the buildings to the power line trail and from the buildings to the County Road D sidewalk. ^ The north-south driveway between the easterly edge of this site and the adjacent commercial property and apartments must be constructed in their entirety with the townhomes. ^ Parking spaces should be provided at the ends of driveways between buildings wherever possible. ^ The infiltration trenches should be placed in accordance with the city engineer's approval, taking into account proper placement to accommodate trails and sidewalks and the function of the trenches. ^ There must be a sidewalk to the south side of County Road D running from Hazelwood Street to the Southlawn Drive. ^ All trails must meet ADA requirements. ^ Over-story trees along Street A, Street B and the west side of Street C (as shown on the previous rental-housing plan) must be planted at an average of 30 feet to 40 feet on center. As an exception to this spacing requirement, the boulevard trees along Kennard Street shall be planted according to the approved planting plan. ^ The curve in the middle of Street A should be flattened as much as possible in an attempt to lessen headlight glare. ^ Building setbacks are allowed to be no less than 15 feet from a street right-of- way to enhance the urban character of this development. ^ There must be enough visitor parking spaces provided in groups of at least five that are no more than 200 feet form the front doors of all units. ^ The main private driveways within this development must be at least 26 feet wide. ^ Visitor parking areas must be installed in accordance with the city engineer's requirements of grading and drainage needs. ^ An easement over the power-line trail must be provided to the city for access and maintenance. 5. All requirements of the fire marshal and building official must be met. 6. The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 7. All driveways and parking lots shall have continuous concrete curbing. 57 8. All requirements of the city engineer, or his consultants working for the city, shall be met regarding, grading, drainage, erosion control, utilities and the dedication of any easements found to be needed. 9. Repeat this review in two years if the city has not issued a building permit for this project by that time. 10. Any identification signs for the project meet the requirements of the city sign ordinance. 11. The setbacks are approved as proposed. 12. The applicant shall: ^ Install reflectorized stop signs at all driveway connections to Hazelwood Street, County Road D and Kennard Street. ^ Install and maintain an in-ground lawn irrigation system for all landscaped areas. ^ Install all required trails, sidewalks and carriage walks. ^ Install any traffic signage within the site that may be required by staff. 13. The applicant shall submit a lighting plan for staff approval before getting the first building permit. 14. The applicant shall submit an address and traffic signage plan for staff approval. 15. The applicant shall provide the city with cash escrow or an irrevocable letter of credit for the exterior landscaping and site improvements prior to getting a building permit for the development. Staff shall determine the dollar amount of the escrow. 16. All work shall follow the approved plans. The director of community development may approve minor changes. 17. A temporary sales office shall be allowed until the time a model unit is available for use. Such a temporary building shalt be subject to the requirements of the building official. 18. The applicant shall work with the city staff to shield the gas and electric meters and those units adjacent to Hazelwood Street and County Road D will not have the "meter room" attached to the side of the building facing Hazelwood Street and County Road D. 19. The board approved the use of the tan rock face stone in place of the originally specified gray color. 20. The Board is concerned about the lack of handicapped accessible units as part of the 178 units. The applicant shall provide accessible units if required by the building code. Board member Driscoll seconded. Ayes -Driscoll, Longrie-Kline, Olson, Shankar 58 The motion passed. This item goes to the planning commission on June 7, 2004, and to the city council on June 14, 2004. 59 Attachment 18 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JUNE 7, 2004 V. PUBLIC HEARING a. Heritage Square Second Addition (Legacy Village -Kennard Street and Legacy Parkway) Mr. Ekstrand said Town and Country Homes is proposing to build for-sale townhomes on the portion of the Legacy Village PUD (planned unit development) that was previously approved for rental townhomes and an executive office site. The applicant is proposing to build 178 townhomes. This site was previously approved by the city for 198 rental townhomes and the office building. The applicant is requesting that the city council approve the following: 1. A comprehensive plan amendment to build townhomes where the executive offices were previously approved. The applicant is, therefore, requesting a change from BC (business commercial) to R3H (high density residential). 2. A revision of the Legacy Village PUD for the change in ownership/rental status as well as the change from the office site to townhomes. 3. A preliminary and final plat for the new lot line configuration. 4. Site, building and landscape plans. The community design review board (CDRB) reviewed these plans on May 25, 2004. The planning commission should review and take action on items 1 through 3. Commissioner Trippler said on page 2 of the staff report it states on April 26, 2004, the city council approved a revision from rental to for-sale townhomes. He asked if the city council had already approved this why was the planning commission reviewing this? Mr. Ekstrand said that was only a change to the development agreement and that was an element that had to take place before staff could go forward. Because the developer's agreement had denoted several specific items, one of which was that these be rental units. This had to be approved by city council to change the units from rental to for-sale townhomes before it could be forwarded to the planning commission. Commissioner Trippler said he spent a lot of time researching the parking situation. It seems the parking doesn't meet the criteria required by staff. Staff asked for 87 visitor parking spaces, however, he only sees 50 public parking spaces and 53 private parking spaces, which equals 103 parking spaces. If the private parking spaces are to be designated for residents to park there then those spaces wouldn't be available for visitors to use. Staff wanted at least five additional parking spaces available within 200 feet of the front door of each unit. In using his compass he discovered there were a number of units that didn't meet the 200-foot criteria. For example, they didn't meet the criteria in block 1, lot 3, unit A, and block 1, lot 5, unit A, and block 2, lot 1, unit A. There are 5 spaces in Block 2, lot 15, unit A & B1 that are technically within 200 feet but in order for people to use those spaces people would have to cross Kennard Street and get on the other side of Kennard Street. 60 Commissioner Trippler said hopefully we aren't asking people to walk 400 feet to get to those units. He said the applicant did a good job squeezing parking spaces in they still came up short in their calculation. Commissioner Trippler asked if the sidewalks mentioned on page 5, item b. and item i. in the staff report meant the sidewalks are required or were they removed from the plan completely? Mr. Ekstrand said the sidewalks are still in the recommendation but are shown on page 5, in item h. Changes were made in the motion because of the redundancy. Some of that wording came from the old Legacy Village conceptual plan and changes have been made. Commissioner Trippler said he just wanted to make sure there would be ample sidewalks for people to use without walking on the street. Mr. Ekstrand said regarding the parking shortage mentioned by Commissioner Trippler, Mr. Ekstrand said he would concur that the applicant doesn't meet the 200 foot distance requirement mentioned in the staff report. This needs to be met and the applicant would have to make some plan revisions to meet those criteria. The public street parking is intended to be used by visitors to visit residents and should be counted in the number of total visitor parking. Commissioner Trippler said he understood the blue highlighted parking spaces on the plans were public parking spaces but he didn't understand why there was a distinction between private and public parking spaces and he assumed the private parking spaces could be allocated to people that live there but have more than 2 cars and need more space. If the parking spaces were private the spots wouldn't be available if the additional parking spaces were spoken for by the residents who have additional cars. Mr. Ekstrand said that is something the applicant could address. However, it's his understanding that the spaces shown on the plan are intended to be visitor parking spaces. Mr. Roberts said he believes items listed under item b. and h. are covered under the city improvement projects for County Road D and Kennard Street and aren't needed as conditions. Commissioner Mueller said even if those items are covered under the city improvement project he would like the words if at all possible stricken on page 5, in condition h. A good friend of his lives in Woodbury and lives in a townhome development similar to this proposal. He said the driveways are so short you can't park in their driveway because your car sticks out into the street. When you have a gathering such as the graduation party he attended there is no parking and it's a problem for people visiting. Either the residents live with the problem or the planning commissioners have the opportunity to recommend changes be made to the plan now so additional parking is available. Before experiencing this parking problem at the graduation party he thought there was ample parking, but now he believes there isn't enough parking available. Commissioner Dierich asked how wide the streets would be in order for a car to turn into the driveway? Mr. Ekstrand said it's a narrow area at 36 feet wide and is similar to an alley. The normal width of a drive aisle for two-way traffic within a parking lot is 24 feet wide. This isn't going to be a high traffic situation but if a vehicle is parked in the driveway opposite your home it could be very tight to maneuver around. Mr. Ekstrand said this area will be posted no parking. Mr. Ekstrand said the applicant said they want people to pull into their garages; they don't want vehicles left out in the driveway. 61 Commissioner Mueller said he didn't remember the planning commission approving 198 units for these previously for-rent units. After reading that the applicant had reduced the number of units from 198 down to 178 units and that the units are now owner occupied, he thought that was great but now he's thinking maybe the number of units should be reduced even more. He asked if the units increased in size when the units went from rental to for-sale units? Mr. Ekstrand said when the planning commission originally looked at this plan it was a conceptual plan. The plans did show more units but staff cannot compare the two because the plan wasn't officially proposed it was only a concept for density purposes. Commissioner Mueller asked how the density fit the city code in terms of acreage? Mr. Ekstand said it's a reduction in density because they reduced the units by 20 but it fits within the high density, which is what this was patterned after. Commissioner Mueller asked how much it was over for medium density? Mr. Ekstrand said he would have to calculate that out. Chairperson Fischer asked the applicant to address the commission. Ms. Krista Fleming, Land Acquisition Manager with Town & Country Homes, 7615 Smetana Lane, Suite 180, Eden Prairie, addressed the commission. She thanked the commission for the opportunity to present another development in Legacy Village. She said the first model home in Heritage Square should be ready in time for the fall Parade of Homes. Ms. Fleming went into some of the details regarding the appearance of the buildings and how they designed them to fit in with the Heritage Square development. The city council stated they were agreeable to either rental townhomes or owner occupied townhomes and decided to develop the owner occupied townhomes. These townhomes are called the Majestic Collection and fit into the overall planned unit development and provides another balance to the lifestyle people can have living in this community. These units will be 1,900 square feet with the option of adding additional livable square footage totaling 2,900 square feet. The price of these homes will be $220,000 to $240,000. They are trying to encourage the pedestrian friendly feeling in this development. The plan encourages people to drive their cars into the garage and be a part of their front entrance way and to their neighborhood by using the front decks and sidewalks. Everything is connected with a personal sidewalk to your home and a common sidewalk connects to your personal sidewalk and the general public sidewalk that runs throughout the development. The townhome development will be homeowner-association maintained. Town & Country Homes has built a similar development in Apple Valley and it's been selling very well. It's not the same product but the people in the City of Apple Valley have the same concept as the City of Maplewood does with a pedestrian friendly neighborhood. The private and public street parking was to determine where there are private areas set aside that are not on a street. The additional parking isn't set aside for somebody to have an extra parking space those are for the guests to park. Town & Country will work with the city to meet the requirement to have an appropriate number of parking spaces within 200 feet from the front door. Commissioner Trippler said he has a neighbor with six cars, and if he were to buy a home in this development he asked what the neighbor would do with his four other cars? 62 Ms. Fleming said the focus market groups that typically buy these homes usually don't have many cars. They are usually single people, married couples with no children, married couples with one child, divorced parents with a child living with them, empty nesters, or retired individuals. They don't have a restriction that quantifies people's automobile usage. However, in the homeowner's association documents they regulate over night use of parking within these areas so the situation is monitored. In situations where this has been a problem they send notices out and identify areas where people need to park there car. This discussion is also brought up when the sale of the unit takes place. They state the homeowner has two parking spaces inside the garage and any other space that is needed they would have to find space off site someplace. Those additional parking spaces are for visitors only. Commissioner Trippler said he thought the idea of this development was to be community friendly but as he looks at the plan it appeared most of the units are facing the street and not facing each other. Four units along Kennard Street face the street instead of facing their neighbors. Ms. Fleming said that provides another aspect of the pedestrian friendly neighborhood. This is also the situation in Heritage Square I where they have on-street parking on Kennard Street. It's to satisfy the market that wants to have pedestrian activity on the street scene. People can park in front of the homes and walk up to the door and have a sense of community with people sitting on their decks in front of their home or people walking by your home giving a street presence. There are also units that will face each other and have a courtyard area so there will be both types of living situations available. Commissioner Desai asked if Hazelwood Street and Kennard Street would be no parking? Mr. Ekstrand said Kennard Street is a traffic mover but there will be on-street parking on the west side of Kennard Street. On the east side of Kennard Street will be the Senior Housing, which has not been reviewed yet. Hazelwood Street is a residential roadway and with the upcoming Southwinds townhome development which will go where the five residential homes are currently, there may be on-street parking. Commissioner Mueller said parking is always an issue in developments. He noticed on some of the ends of the alleyways show bump-outs but other areas don't. He asked if that was a setback issue or did the applicant decide not to put the bump-outs in those locations? Ms. Fleming said in most cases it's a setback issue. Other times it was because of a retaining wall because of the existing grade problems with the regional trail that goes through there and also because of the power line easement. She said they have placed parking and bump-outs in every possible location that they could and would have placed more parking in the development if there was space available. Commissioner Mueller said there are areas where it appears there could be more bump-outs but it may appear that way on the plan when really there is a legitimate reason there isn't abump-out on the plan. Ms. Fleming said they will take another look at the plan to be positive bump-outs are in every possible location. She said they want to make the customer happy and when you get into a certain price range of homes they would like to make sure they have used every possible location for increased parking for the future usage. 63 Mr. Ekstrand said condition f. on page 5 of the staff report addresses that issue. Some areas abut wetlands and slopes that make it difficult or impossible to have additional bump-outs even though it appears on the plans that there's enough room. Commissioner Trippler asked if it was an economic reason for removing the office complex from the plan? He understood the reason to delete the rental office from the plan but it may be an attractive feature for a potential homeowner to have an office complex close to home so they could walk to work instead of driving. Ms. Fleming said economics played a part in that decision, however, there are still areas within the PUD that provide office space and maybe staff could offer more information. Chairperson Fischer asked if anybody in the audience wanted to address the commission? Mr. Travis Smith, 1663 County Road D East, Maplewood, addressed the commission. He is the President of the homeowner's association at the Emerald Townhomes. He said he moved to Maplewood two years ago but he didn't know the people in the townhomes would be assessed $1,000 for a development going in across the street. Town & Country Homes mentioned the price per unit would be $220,000 to $240,000. With a base price of $220,000 going up from there the units could be selling for a quarter of a million dollars ($250,000). He asked if this was the price for each unit then why were the current residents in the area being charged to pay for the road assessments and not the developer since this benefits them and not the current residents? Mr. Ekstrand said he isn't comfortable addressing assessment issues. He said assessments are levied where the improvements are found to be a benefit to property owners along the roadway. He said he would be happy to get Mr. Smith's phone number and pass it along to the Public Works/Engineering department and ask someone to call him back with more information. Ms. Erin Laberee, Staff Engineer for Maplewood, said she hasn't been very involved with the County Road D project but she is aware that assessments are for road and utility improvements. Mr. Smith said his property taxes for 2005 are now $2,100 fora 1,700 square foot townhome is outrageous. At that tax rate for the twelve townhome residents that comes to over $24,000, which is new money for the City of Maplewood. He asked why that money isn't being utilized for the street assessment? Mr. Roberts said to clarify the property taxes go to at least four different taxing groups. They include Ramsey County, the Watershed District, City of Maplewood, the Maplewood/North St. Paul/Oakdale school district, and the Met Council. The City of Maplewood's portion of the property tax is only about 18%. The largest portion of the property tax is for the school district and the next largest is for Ramsey County. The city's portion of Mr. Smith's property tax bill is only a small portion of his tax statement. Mr. Smith said Town & Country Homes should still have to pay for the street assessments since the assessment wasn't there when he moved in two years ago. As president of the association he is speaking on behalf of the other homeowners in the Emerald Townhome development as well. Granted he prefers to look townhomes rather than an office building. Now the homeowners have to pay from their pockets for somebody else's pleasure and that isn't right. 64 Mr. Roberts said there is an upcoming assessment hearing for the County Road D project and the proposed assessments. This is the time to voice your objections and go through the process that is mandated by state law. The planning commission can't deal with this situation at their level. Mr. Smith said he is aware of the meeting on June 14, 2004. Mr. Smith left his name and number for Mr. Ekstrand to pass onto the proper department. Commissioner Dierich said Mr. Smith said he thought paying $2,100 for property taxes fora 1,700 square foot townhome is out of line but in reality there are other townhomes in the city with similar square footage that are paying close to $4,000 for their property taxes. She said when we live in a city all of the residents have to pay for roads and improvements whether we will directly benefit from them or not. These are huge improvements that will be done to County Road D. She likes the fact that these townhomes will be owner occupied rather than rental but she is concerned about the lack of parking. She believes adding more bump-outs could take care of the lack of parking in the development and the commission should request the developer to add more parking. Because the developer has already reduced the number of units from 198 to 178 she doesn't believe it would be appropriate to request another reduction of units. Commissioner Trippler said staff has already included that criteria in the conditions. The commission doesn't need to specify where to put the parking, the applicant just needs to include additional parking. Mr. Ekstrand said when Phil Carlson, the original city consultant for this project, included that as part of the recommendation, staff felt that was an important condition for reasons stated by Mr. Mueller with things such as graduation parties or gatherings that require additional parking spaces. Commissioner Dierich said 89 parking spaces for a development of this size seems too small and she would be more comfortable increasing the number. Commissioner Mueller said the plan son the 31an r To h mthe convenience of he park nlgps mode already increased the parking spaces p important than the actual number of parking spaces. Commissioner Trippler moved to adopt the resolution on page 44 of the staff report approving the comprehensive land use plan amendment from BC (business commercial) to R3H (high density residential) fora 1.5-acre parcelh nve s Ibecausedtherproposed bown'homes wou d ble mode Maplewood. Approval of this c g compatible and in character with the adjacent townhome development than the previously approved commercial building. Commissioner Trippler moved to adopt the resolution on pages 45-49 of the staff report approving a revision to the Legacy Village planned unit development as it relates to the previously approved rental townhomes and executive-office suites and clubhouse sites. Approval of this revision is based on the findings required by the ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): 1. The development shall follow the plans date-stamped April 30, 2004, except where the city requires changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 65 3. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the Assistant City Engineer's report dated May 28, 2004. 5. The applicant shall sign a development agreement with the city before the issuance of a grading permit. 6. The applicant shall provide a copy of the homeowner's association documents to staff for approval. 7. ~eetaf Townhomes a. The project will be constructed according to the plans from Town and Country Homes date-stamped April 30 2004 except as specifically modified by these conditions. b. ~ c. Sidewalk connections will be added connecting the power line trail to the curb of a~-~-in at least four locations and connecting the power fine trail to the curb of Village Trail East (east of Kennard Street) in at least three locations to be approved by staff. d. > e. Village Trail East (east of Kennard Street) Sheet-~ and Flandrau Street East ~t~eet ~ serving the townhomes will be constructed in their entirety with the townhomes, regardless of the status of the multi-family and commercial parcels to the east. f. Parking spaces will be provided at the ends of the driveways as shown on the plans and wherever else they may fit ~ ~ ~~ h. Asix-foot-wide sidewalk should be provided+~a#-alf-peke on the south side of County Road D for the entire length of the project from Hazelwood, Stree uer~o Southlawn Drive ' """"" "' 66 iA~l~~ i. , ,~~ ~6t. j. The grades of the power line trail and all sidewalks will meet ADA guidelines for slope. k. The landscape plan is approved as proposed with the exception that the boulevard trees along Kennard Street shall be planted according to the approved Kennard Street Boulevard-Tree Planting Plan. ~ 7 I. , 7 m. , ._ ___ _l ~~7 a. AA7 ,.,,,~ wr. r.i~r ir, t~4~7!'~ A n. The curve in the middle of Village Trail East (west of Kennard Street) ~ee~-~ ' shall be flattened as much as possible to limit headlight lag re on a+pae~ ++~e the front of the units. All setbacks_ are approved as shown. 7 7 , S+de-~a~{~~~. 'e#~rae~~. -#A'~ -##a~C~~-I~s~-##~iT~rl hcr7;Yz~o ~r,n~ Q p set a~e~e~-wi~q+n-t#is q. Visitor-parking spaces for the ~e~af-townhomes will be added or modified as follows: -' _r _i i...a A ~ .. r,~r.n nn the 1~ - .,.,., .,....... . In addition to the parking spaces in front of each gara4e door the applicant shall provide additional visitor-parking spaces at the minimum quantity of one-half space per townhome unit. This works out to a minimum of ~3 100-visitor parking spaces required. Furthermore, the visitor parking spaces must be placed such that the front door of no unit is more than 200 feet from a group of at least five spaces. 67 ~~ ~~ s. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. Commissioner Trippler moved to approve the preliminary and final plat for Heritage Square Phase II, subject to the following conditions: 1. The applicant shall comply with the requirements in the assistant city engineer's report dated May 28, 2004. 2. The applicant shall sign a developer's agreement with the city engineer before the issuance of a grading permit. 3. The applicant shall dedicate any easements and provide any written agreements that the city engineer may require as part of this plat. 4. The applicant shall pay the city escrow for any documents, easements and agreements that the city engineer may require that may not be ready by the time of plat signing. Commissioner Pearson seconded. Ayes - Desai, Dierich, Fischer, Grover, Lee, Mueller, Pearson, Trippler Commissioner Dierich added a friendly amendment changing item Q., number 1. from 89 parking spaces to a minimum of 100 spaces. The motion passed. This item goes to the city council on June 14, 2004. 68 AGENDA ITEM AGENDA REPORT TO: Richard Fursman, City Manager FROM: Ed Nadeau, Utility/Fleet Superintendent Chuck Ahl, Public Works Director/City Engineer SUBJECT: Cured-in-Place Pipe, Project 04-20-Award of Bid DATE: July 16, 2004 Introduction I-1 The 2004 Public Works capital outlay budget includes funds for repair of fractured pipe using acured-in- place pipe process. Background A budget of $100,000 has been requested annually for pipe repair projects. Bids were requested and received on July 16, 2004 from Lametti and Sons, Inc. for $129,921.00, Visu-Sewer Clean and Seal, Inc. for $173,911.25, and Insituform Technologies, Inc. for $160,504.00. The bids reflect a cost of $62,342.00 for storm sewer relining needed on the Hazelwood/C Area Streets project. Recommendation It is recommended that the city council award the bid for Cured-in-Place Pipe, Project 04-20, to Lametti and Sons, Inc., based on their low bid of $129,921.00, and authorize the finance director to transfer the necessary funds from the sanitary sewer fund and the Hazelwood/C Area Streets project fund (548). Jw Attachments: Site Plan Bid Tabulation LEG END iUNK HIC HWAY TRUNK HIGHWAY_ RED TRUNK HIGHWAY ND HIGHWAY _ RK s or , ~~ o-~, _ ~ a ~r a o~ ~izoN ® Q ~ ~ ~ 2680N ~ C • 2 0 B 2640N ~ ' ~ m`,7 ~ ~ o a n ~ \ C -- ~~ F '' ~ '. x... s~'_ _~~ ~~ u n F G- €: ~ ~; ~ ~ ~ ~i ~ `qr % ~ "` _-~ ~ ..~. I ~-r p .- '. ~ ~i c ! .. a, 7 G' --J '~ ~I~S,~ ~~ ~ ;~ ~~ i~ -~~ m i BID TABULATION CURED-IN-PLACE PIPE, MAPLEWOOD PROJECT 04-20 Lametti & Sons Insituform Tech. Visu-Sewer C & S Description UnitQuantity Unit Price Total ( Unit Price Total ( Unit Price Total 8" Inversion Cured-in-Place Pipe LF 2009' 26.00 52,234.001 30.00 60,270.001 28.75 57,758.251 110" Inversion Cured-in-Place Pipe LF 495' 31.00 15,345.001 34.00 16,830.001 37.00 18,315.001 115" x 21" CMP LF 125' 78.00 9,750.001 100.00 12,500.001 142.00 17,750.001 118" x 30" CMP LF 268' 88.00 23,584.001 100.00 26,800.001 142.00 38,056.001 122" x 36" CMP LF 296' 98.00 29,008.001 149.00 44,104.001 142.00 42,032.001 TOTAL 3,193' $129,921.0011 $160,504.0011 $173,911.2511 MEMORANDUM TO: Richard Fursman FROM: Melinda Coleman SUBJECT: Charitable Gambling Fund Requests- 2005 DATE: July 15, 2004 INTRODUCTION Agenda No. J-1 Each year the Maplewood City Council solicits requests for charitable gambling funds. Every year requests for funds have exceeded the available funds. That is the case this year. The city received 13 applications with over $125,995. in requests and the amount of funds available is $51,000. PREVIOUS COUNCIL ACTION On November 10, 2004, the City Council approved the expenditure of charitable gambling funds to purchase the historic Juker fire truck. The Council directed staff to use funds totaling $20,000 spread over 3 years to pay for the truck. Staffpaid $6,000 in 2003 and will spend $7,000 in 2004 and the same in 2005. These funds have been allocated and accounted for this year. At the July 12~, 2004 meeting, the City Council reviewed the charitable gambling applications. The City Council asked to continue this matter to the July 26~ meeting to allow more time to review the applications. City Council will evaluate the applications and make their individual allocations on the spreadsheet provided in the packet. The spreadsheets will be tallied and presented at the meeting on July 26~. BACKGROUND Several years ago the City Council developed a policy on the award criteria. In addition, a policy was established that allows the city an opportunity to review requests on an annual basis to determine their merit and overall benefit to the community while still allowing time to include requests in the upcoming budget process. A copy of the policy is attached. The following is a listing of the organizations and groups who have submitted donation requests. 1. Maplewood Historical Society $23,500. 2. American Red Cross $4,000. 3. Maplewood Police Explorers $8,000. 4. L.C. Webster PTO $5,000. 5. Ramsey County Fair $5,000. 6. Heritage Theatre Company $4,200. 7. 622 Communities Partnership $400. 8. Ramsey County Library $16,095. 9. Erv Carlson- Pleasantview Park $18,000 10. Maplewood Police Reserves $3,000. 11. Dispute Resolution Center $5,000. 12. Century College $8,800. 13. MCC- room rentals $25,000. Total requests are $125,995. Funds available a$er Juker payment, $51,000. RECOMMENDATION The City Council should review and approve charitable requests up to $51,000. S:Cry.Mgr.charitablegambling.05 Attachment: Charitable gambling requests spreadsheet N .--~ N N N O) C ~ ~ E o c0 N N CO ._ ~L U ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '~ N N CO 0 0 0 0 0 00 O O O N 00 C ~ I~ M N ~ ~ M 00 CO ~ CO N ~ ~ ~!") ~ O ~ ~ N ~ c'~ ~ N M ch ~ ~ O +' O V N a' O O O O O O O O O O O O O O O O O O O O O O ~ O 00 O N O O O (O N ~ ~ M N ~ O O O O O O O O O O O O O O O X 0 0 0 0 0 0 0 0 0 ~ 0 N 0 ~ O O O O O O O ~ O O O ~ 00 ~ ~ ~ M ~ ~ ~ ~ O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 O O O O O O ~ O O ~ N ~ O O ~ O O Y O N ~ ~ N M M ~ N 00 M r r ~ O O O O O O O O O O O O O O O O O O O O O O O O O Y co o o o o ~ 0 O 0 0 ~ ~ N (O DO M M ~ O ~ N ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O V O N 0 0 0 ~ M O O ~ O O O O m 0 ~ ~ ~ ~ O M ~ ~ O ~ r r ~ N 0 0 0 0 0 0 0 ~ O O O O O ~ y 0 0 0 0 0 0 0 0 0 0 0 0 0 O y ~ 0 0 0 0 N ~ 0 0 0 0 00 O O 7 M ~ 00 ~ ~ ~ (O 00 M ~ 00 ~ ~ ~ N ~ ~ N N N ~ N N Y N L ~ Q ~ L !1~ LL .U ~ ~ L ~ L ~ O U) O CO Q N C ~, ~ . y + O ~ U cn to Q X W L ' ~ O ~ ~ ~ ~ ~ N ~ ~ N U N O ~ 0 o v p ~ ~ W U N ~ N O J ~ cn CO a~ U ~ O ~ ~ c O N ~ N U ~ _ O d ~ ~ ~ ~ :? ~ ~ ~ ~ O ~ ~ ~ C "O ~ 2 d L C ~ O N CO ~ O O ~ O N ~ E O p 0 0 0 m ~ U (~ O N N ,~ ~ U ~ ~ O ~ N O1 0 N L ~ 0 ~' ~ 1 CO N ~ ~ ~ Q L ~ ~ Q ~ E ~ L U ~ E I1 ~ Q ~ Q ~ C U O ~ N co i - CO ~ - CO U CO N N N CO ~ - CB - N N U N > O ~ Q ~ ~ ~ 2 co ~ W ~ D U ~ ~ Q N ~_ c~ O) N CO L CO U AGENDA ITEM J-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: Interstate 94 Improvements (McKnight to Century), City File 03-12 - Resolution Granting Municipal Consent and Consider Noise Monitoring Proposal DATE: July 19, 2004 Introduction On July 12, 2004, the City granted the State of Minnesota Department of Transportation municipal consent for the I-94 Improvement Project. The project involves the addition of a third lane to the freeway in each direction, widening of the bridges over McKnight Road and TH 120, and eliminating the scissors ramp in the northwest quadrant of I-94 and McKnight Road (within St. Paul). The City must adopt a resolution of municipal consent for the project. Additionally, the City Council requested a proposal from our engineering pool for some additional noise monitoring within the project area. Consideration of that proposal is recommended. Background At the July 12, 2004 Municipal Consent Public Hearing, the major issue of discussion was noise within the Crestview Drive area. It was suggested that additional monitoring of the noise within the area was needed. A suggestion of using TKDA Engineers, Inc. for the additional monitoring was made by a resident during testimony. TKDA is in the City's consultant pool; however, they do not have staff with expertise and would need to hire an outside expert. Another of our engineering pool consultants does have personnel on their staff that provides this type of work. URS Engineers have staff available and the necessary equipment for the work. A copy of their proposal is attached. The estimated cost of the work was based upon a scope of work defined by the City staff. Staff felt that monitoring at up to eight locations and two 24-hour locations was appropriate to provide the necessary review of MnDOT's EAW data. The cost of the work is estimated at $12,850. It is recommended that this scope of work be approved and that the consultant be directed to work with the neighborhood work group on the final locations for the study. Budget Impact The $12,850 cost would need to be paid from the general fund from the contingency account. The recommended action directs the Finance Director to transfer the necessary funds to this project fund. Recommendation It is recommended that the city council adopt the attached resolution to grant Municipal Consent for the proposed improvements to Interstate 94 between McKnight Road and TH 120 and approve the hiring of URS Engineers to conduct additional noise monitoring within the project area for a total of $12,850.00 and direct the Finance Director to transfer the necessary funds from the contingency fund to the project fund. RCA Attachments: URS Noise Monitoring Proposal Resolution July 16, 2004 Mr. R. Charles Ahl, PE Director of Public Works/City Engineer City of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Proposal -Noise Monitoring - I-94 (McKnight to Century), City File 03-12 Dear Mr. Ahl: Thank you for the opportunity to submit this proposal to provide engineering services to the City of Maplewood. Project Understanding: MnDOT has proposed improvements to I-94 that includes the addition of a third lane in each direction, bridge widening and modifications to existing interchanges. On July 12, 2004, the Maplewood City Council granted municipal consent for this project and directed staffto continue to investigate noise issues in residential areas south of the freeway. As part of the development of this project, an EAW was completed by MnDOT that included monitoring and modeling of noise levels in the Brookview Neighborhood. Based their analysis and existing policies, MnDOT has decided not to replace or expand the existing noise will that protects this neighborhood -even though expected noise levels will exceed allowable limits. Mn/DOT has agreed to construct an earthen berm in the vicinity of Crestview Drive and to investigate the installation of salvaged noise walls from other projects. The City of Maplewood wishes to hire a consultant to conduct additional noise monitoring in the Brookview Neighborhood to verify MnDOT's findings and to help guide a resolution to this issue. Proposed Scope of Services/Estimated Costs: URS proposes to perform the services on an hourly basis at the rate of 2.85 times the employee's actual hourly rate as outlined in our continuing services agreement. The following table summarizes the effort expected to complete this project. Project Manager Project Transportation Engineer Engineer TOTAL COST $145.00 $90.00 $70.00 ~ ~ ~ ~ Noise Monitoring, 8 sites both am and pm peak hours 1 8 80 $6,465 24 hour Noise Monitoring at 2 representative locations 1 5 10 $1,295 Determine existing am and pm 1 4 8 $1,065 peak hour traffic volumes and speeds* Compare to EAW, and prepare 2 10 10 $1,890 summary of results Present information at City Council 5 5 $1,175 Meeting Project Management ~ 4~ 2~ ~ $760 Expenses (mileage) ~ ~ ~ ~ $200 Totals: ~ 14~ 34~ 108 512,850 ~ Needed to validate issues associated with the potential that nighttime noise is louder than daytime noise This proposal is for the noise monitoring and summary only and does not include any noise modeling, nor time to resolve issues between the City and Mn/DOT. We are available to begin work on this project immediately. Thank you for the opportunity to provide additional services to the City of Maplewood. Please contact me if you have concerns with any aspect of this proposal or would like to discuss it further. Sincerely, URS Corp. Karl P. Keel, PE Vice President RESOLUTION GRANTING MUNICIPAL CONSENT INTERSTATE 94 IMPROVEMENTS McKNIGHT ROAD TO TRUNK HIGHWAY 120 City Project 03-12 WHEREAS, the Minnesota Department of Transportation has requested that the City of Maplewood grant approval through the Municipal Consent requirements for the improvement of Interstate 94 between McKnight Road and Trunk Highway 120 within the corporate boundaries of the City of Maplewood, and WHEREAS, the City of Maplewood did conduct a Public Hearing on July 12, 2004 for the purpose of considering said request by the Minnesota Department of Transportation, and WHEREAS, said Public Hearing was preceded by mailed notice to all properties with an interest in said improvement, and WHEREAS, the City Engineer has reported that additional noise monitoring can be conducted by URS, Inc. in the amount of $12,850.00, and WHEREAS, the Maplewood City Council has heard all testimony from individuals and residents on this proposed improvement. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, that: 1. Municipal Consent is hereby granted to the Minnesota Department of Transportation for the improvement of Interstate 94, McKnight Road to Trunk Highway 120. 2. The City Engineer is hereby authorized to proceed with a noise monitoring agreement with URS, Inc. in the amount of $12,850.00. 3. The Finance Director is hereby authorized to transfer $12,850 from the Contingency Allocation of the General Fund to the Project Fund. Adopted this 26t" day of July 2004. Agenda # Kl Memorandum TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: July 19, 2004 RE: Intoxicating Liquor License -Jeffrey Flaherty Introduction Jeffrey Flaherty has submitted an application for an intoxicating and Sunday liquor license for Buffalo Wild Wings Grill & Bar located at the former Movies of Maplewood theatre site, 3091 White Bear Avenue. Background Mr. Flaherty was born and raised in St. Paul. From 1980-1990 he was stationed in England with the military and upon his return was employed as a bar manager in North Carolina from 1990-1995. He has been residing at his current residence in Lindstrom since 1996 and has been a regional manager for Buffalo Wild Wings since 1999. As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Flaherty. During the background check the following organizations were contacted for information regarding the applicant: State and Federal criminal history check, State and Federal wants and warrants, State Motor Vehicle and Drivers License files, the City of St. Paul, and Ramsey and Hennepin Counties. There was nothing found that would prohibit Mr. Flaherty from holding a liquor license in the City. He has been given a copy of the City Code of Ordinances that apply to being an intoxicating liquor license holder and he has met with Chief Thomalla to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. Recommendation It is recommended that the City Council approve the liquor license application. AGENDA ITEM K-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: County Road D Realignment East (TH 61 to Southlawn), City File 02-07 - Approve Right of Way and Easement Acquisition Agreement with Country View Golf DATE: July 19, 2004 Introduction On June 28, 2004, the city council awarded the construction contract for the realignment of County Road D on the east side of Trunk Highway 61 to Southlawn Drive. The major portion of the newly aligned roadway crosses the northern portion of the Country View Golf Course. A major settlement agreement has been negotiated with the owners of the Country View Golf Course. The settlement agreement is presented to the city council for approval. Background On December 9, 2002, the city council approved a resolution to proceed with a project to realign County Road D from Hazelwood Street to TH 61. That resolution was the culmination of many hours of discussion and debate with staff, agencies, other communities and property owners that occurred over many years. On May 12, 2003, the city council selected a final alignment for the new roadway and authorized preparation of a preliminary report on the improvement. Following a public hearing on September 8, 2003, the city council approved the realignment of County Road D between Hazelwood and TH 61. The city council approved the first phase of construction with the award of bid on November 10, 2003. Construction began in December for soil correction and wetland creation, along with the correction of poor soils on the Country View Golf Course property. On June 28, 2004, the city council awarded the final contract for the roadway improvements for the roadway realignment project. As noted, the major right of way and easements for this major project is across the northern portion of the Country View Golf Course. The attached settlement agreement provides for all the access, temporary easement, permanent easement and fee title acquisitions with Country View Golf. The Mogren family is the owner of Country View Golf Course and has been in discussions and negotiations with city staff for over one year, assembling the project impacts into a final settlement. On June 15, 2004, City Manager Fursman facilitated a meeting between the Mogren family, their attorneys, city staff, the city attorney and the city design personnel. The attached agreement is a result of that day's negotiations and discussions. Summary of Agreement The agreement has numerous sections that are summarized below: Temporary Easement: The city began a construction project on the Country View site in November 2003. The Mogren family granted the rights to construct the first phase of the project on their property in November 2003. There is no compensation due for this granting of temporary easement to construct the first phase of the improvements. Right of Access: The city project required access from Trunk Highway 61 across the Country View property. The Mogren family granted the rights to cross their property to access the temporary and permanent construction areas. There is no compensation due for this granting of access for all improvements. City Council Agenda Background Country View Golf Course Settlement Agreement July 26, 2004 Page Two Permanent Pond and Wetland Easement Areas: The City has identified a total of 388,593 square feet (8.92 acres) of pond, wetland and wetland buffer area necessary for the improvements. A value of $2.50 per square foot was determined to be a fair value for the land resulting in a total compensation for easements of $971,482.00. This was the biggest difference in value items. The City's original appraisal determined that this land had little value and placed a compensation value of $0.35 per square foot due to the poor soils nature of the property for the ponding areas. Detailed analysis of soil correction, testimony by construction personnel hired by the Mogren family and analysis by the city's engineering staff determined that the property could have reasonable use with soil correction work. Usable lowland area was estimated at a value of $4.00 per square foot. An analysis determined that investment of $1.25-$2.25 per square foot would be necessary to make the property usable. The final agreement represented a compromise to the value used of $2.50 per square foot. The land also is within easement area and the agreement provides that the developer will retain density credit for the easement area as currently provided in city code. Roadway (fee title taking): The city identified that the roadway required a corridor of 161,808 square feet (3.715 acres). This was determined by the city to be 50% high land. The value of high land was determined by area appraisals to be valued at $6.50 per square foot. The lowland area was determined by area appraisals to be valued at $4.00 per square foot. Total compensation was determined to be $849,492.00. This item is consistent with city appraisals on this and other area parcels. The total permanent taking of property from Country View Golf Course in both easement and fee title is 12.635 acres of land. Total compensation due to the Mogren family is $1,820,974.00. An environmental review of the property purchase has been completed as a Phase 1 Environmental Review by SEH, Inc. The findings of the Phase 1 indicated no environmental concerns with the property. Special Assessments: The Mogren family objected to the proposed assessment in the amount of $135,787.25 to this property for the County Road D improvements. This agreement provides a waiver of the objection to that assessment. Connecting Road: The city agrees to build a 300-foot segment of roadway on the eastern side of the easement area. This roadway is included within the current County Road D plans and bids. There will be no additional assessment to the Mogren family for this 300-foot segment of roadway. Options to purchase adjacent property: The adjacent parcels of property already purchased by the city for this project have remainder parcels that are offered to the Mogren family. The excess property at the Venburg Tire site is 38,486 square feet (0.88 acres). The Mogren's retain an option to purchase this parcel at $8.00 per square foot, or $307,888.00. If the option is executed, the Mogren's agree to assume the assessment of $40,617.50. The excess property at the Xcel Energy property is 60,580 square feet (1.39 acres). The Mogren's retain an option to purchase this parcel at $4.00 per square foot, or $242,320.00. The options on these parcels expire on August 31, 2005. Total options are $550,208. Payment procedures: The agreement provides that the city will pay the Mogren family $1,266,735 ($1,820,974 - $550,208) within 30 days of Council approval of this agreement. The remainder ($550,208) will be held by the city until the options are executed or expire. City Council Agenda Background Country View Golf Course Settlement Agreement July 26, 2004 Page Three Budget Impact The $1,820,974 expense exceeds the amount assumed within the project budget by approximately $500,000. The bids for this project were very favorable and resulted in a $1,000,000 savings. At this time, it appears that adequate funds still remain to keep this project fund on budget. Recommendation It is recommended that the city council approve the attached Settlement Agreement for the Country View Golf Course with the Mogren Family, which approves the payment amounts for the easement and right of way acquisitions for the County Road D Realignment Project between Trunk Highway 61 and Southlawn Drive and authorizes the Mayor and City Manager to sign said agreement signifying the City's approval. RCA Attachments: Settlement Agreement SETTLEMENT AGREEMENT & OPTION THIS SETTLEMENT AGREEMENT and OPTION ("Settlement Agreement") is made this day of July, 2004, by and between COUNTRY VIEW GOLF CENTER, INC., a Minnesota corporation ("Country View"), and the CITY OF MAPLEWOOD, Minnesota, a Minnesota municipal corporation (the "City"). RECITALS: A. Country View (also referred to herein as "Owner" or "Owner of the Property") currently holds fee title to the land legally described as Tract 1, Registered Land Survey No. 210 and Tract B, Registered Land Survey No. 466, Ramsey County, Minnesota (collectively, the "Property"). B. The City is undertaking an improvement project identified as the County Road D Extension Improvement, City Project No. 02-07 (the "Project"). C. As part of the preparation for the Project the City has requested, and Country View has agreed, to grant to the City a temporary easement over the Parcel 1 Temporary Easement Area (as defined below) for the limited purposes of: (i) vehicular traffic, ingress and egress of the City's agents, contractors and servants as necessary to haul and place fill materials along the proposed roadway alignment to surcharge/consolidate the poor soils in the area, including the installation of wick drains in the area to assist in the surcharging process; (ii) installation and monitoring of settlement plates as necessary to determine the progress of the surcharging process; (iii) installation of silt fencing and other control measures; and (iv) the removal of certain trees (not to exceed 20 trees and to be marked by the City and approved by Country View before removal occurs) (such activities being referred to collectively hereinafter as, the "Road Work"). Said temporary easement is attached to this Agreement as Exhibit A, where the area is legally described and shall be executed by Country View on the date this Agreement is executed. D. As part of the Project, the City has requested, and Country View has agreed, to grant to the City a temporary easement over the Parcel 2 Temporary Easement Area (as defined below) for the limited purposes of vehicular traffic, ingress and egress of the City's agents, contractors and servants as necessary to excavate and remove materials to a specified elevation level and construct and complete the wetland mitigation ("Wetland Mitigation") and the storm water pond construction ("Storm Water Pond") (collectively referred to as the "WetlandlPond Work") (the Road Work and the Wetland/Pond Work are referred to collectively herein as the "Scope of Work"). Said temporary easement is attached to this Agreement as Exhibit B and shall be executed by Country View on the date this Agreement is executed. E. As part of the Project, the City has requested, and Country View has agreed, to grant the City aright of access over the gravel drive area to obtain access off of Trunk Highway 61 as set forth, shown and identified in cross-hatching on the attached Exhibit C. Said right of access is attached to this Agreement as Exhibit D and shall be executed by Country View on the date this Agreement is executed. F. As part of the Project, the City has requested, and Country View has agreed, to grant the City a permanent easement for drainage and utility to cover the area of land encompassing the wetland mitigation and storm water pond area, as set forth and identified on the attached Exhibit C made a part hereof. Said permanent easement is attached to this Agreement as Exhibit E and shall be executed by Country View on the date this Agreement is executed. G. As part of the Project, the City has requested, and Country View has agreed, to grant the City fee title for roadway right-of--way as set forth and identified on the attached Exhibit F made a part hereof. Said warranty deed for conveying fee title to the roadway right-of--way is attached to this Agreement as Exhibit F and shall be executed by Country View on the date this Agreement is executed. H. The Property being taken by the City for the permanent easement for drainage and utility and the fee title for roadway purposes is granted to the City in an "as is" condition without any representations or warranties as to environmental matters from Country View. The foregoing Recitals are incorporated into this Agreement and made a part of this Agreement. In exchange for the consideration as set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and Country View, on behalf of themselves and their successors and assigns, hereby agree as follows: AGREEMENT ARTICLE 1. Temporary Easements Section l .l . Temporary Easement -Parcel 1. At no cost to the City, Country View hereby grants to the City a temporary easement ("Parcel 1 Temporary Easement") over that portion of the Property identified as Parcel 1 and legally described on the attached Exhibit C made a part of hereof and shown in crosshatching ("Easement Area for the Road Work") for the purposes of completing the Road Work. Said Parcel 1 Temporary Easement is attached to this Agreement as Exhibit A and shall be executed by Country View on the date this Agreement is executed. Section 1.2. Temporary Easement -Parcel 2. At no cost to the City, Country View hereby grants to the City a temporary easement ("Parcel 2 Temporary Easement") over that portion of the Property as legally described on the attached Exhibit C made a part of hereof and identified as Parcel 2 and as highlighted ("Easement Area for the WetlandlPond Work") for the purposes of completing the Wetland/Pond Work. Said Parcel 2 Temporary Easement is attached to this Agreement as Exhibit C and shall be executed by Country View on the date this Agreement is executed. The specific location and size of the Wetland Mitigation and Storm Water Pond are identified in the attached Exhibit A, and made a part of this Agreement. Section 1.3. Representations by Country View. Country View represents that it has all requisite power and authority to grant the temporary easements for Parcel 1, Parcel 2 and the officers of Country View who execute these temporary easements on behalf of Country View have the power and authority to do so and bind Country View. Section 1.4. Term. The temporary construction easement shall commence on the date of this Agreement and shall automatically expire on August 31, 2005. A$er the expiration of the Term, this Agreement shall be of no further force and effect, except for those provisions which survive expiration as provided herein. Section 1.5. Restoration. The City hereby covenants that all work performed by the City in connection with the Parcel 1 and Parcel 2 Temporary Easements shall be done with care, and any of the surface, driveways and other improvements or landscaping on or abutting the Property or Easement Area that are damaged or disturbed during the Term shall be promptly restored at the City's expense to the same condition as existed prior to work commencing. Further, in the event that the City Council determines not to proceed with the Project then any improvements, completed in the Easement Area shall belong to Country View without expense to Country View and without special assessment against the Property, it being recognized that Country View has granted these Temporary Easements as accommodations to the City. ARTICLE 2. Right of Access Section 2.1. Right of Access. Country View grants the City a right of access over the gravel drive area to obtain access off of Trunk Highway 61 as set forth, shown and identified in cross- hatching on the attached Exhibit C ("Ingress and Egress Easement Area") (the Easement Area for the Road Work, Easement Area for the Wetland/Pond Work and Easement Area for the Road Work, Easement Area for Ingress and Egress are collectively referred to herein as the "Easement Area"). Said Right of Access is attached to this Agreement as Exhibit D and shall be executed by Country View on the date this Agreement is executed. The City shall use the Ingress and Egress Easement Area for no purpose other than ingress and egress over the gravel road as necessary to get to the Easement Area. Section 2.2. Term. The Right of Access shall commence on the date of this Agreement and shall automatically expire on August 31, 2005. A$er the expiration of the Term, this Agreement shall be of no further force and effect, except for those provisions which survive expiration as provided herein. Section 2.3. Use & Performance. The City shall use the Easement Area for the Scope of Work for no purpose other than performance of the Scope of Work identified in this Settlement Agreement. The Wetland Mitigation and Storm Water Pond shall be located within, and restricted to, the area identified in the attached Exhibit C. and the City shall not otherwise be performing any work except as identified in the "Scope of Work" set forth in Recitals C and D of this Agreement. Section 2.4. Representations by Country View. Country View represents that it has all requisite power and authority to grant the right of access and the officers of Country View who execute these temporary easements on behalf of Country View have the power and authority to do so and bind Country View. ARTICLE 3. Permanent Easement Section 3.1. Permanent Drainage and Utility. Country View agrees to grant to the City a permanent easement consisting of 388,593 square feet for drainage and utility to cover the area of the land encompassing the wetland mitigation and storm water pond area, which permanent easement shall be separately dra$ed and recorded of record. Said permanent easement is attached to this Agreement as Exhibit E and shall be executed by Country View on the date this Agreement is executed. Section 3.2. Abandonment. Country View acknowledges and agrees that the Wetland/Pond Work is permanent in nature and in the event the City shall abandon the Project, the City shall not be required to remove or restore the Wetland/Pond Work to its original condition. In addition, in the event that the City abandons the Project, the permanent easement will not be vacated by the City and will remain in effect. Section 3.3. Representations by Country View. Country View represents that it has all requisite power and authority to grant the permanent easement and the officers of Country View who execute these temporary easements on behalf of Country View have the power and authority to do so and bind Country View. Section 3.4. Consideration. The City shall compensate Country View for the permanent easement at rate of $2.50 per square foot, a total amount of $971,482.00, to be paid in accordance with Section 8.2 of this Settlement Agreement. ARTICLE 4. Fee Title Section 4.1. Fee Title. Country View agrees to convey by limited warranty deed fee title to the property described in attached Exhibit H. The City shall compensate Country View for this property by paying Country View $6.50 per square foot for the "upland" portion of the Property (80,904 square feet) and $4.00 per square foot for the "lowland" portion of the Property (80,904 square feet) for a total payment of $849,492.00, to be paid in accordance with Section 8.2 of this Settlement Agreement. Section 4.2. Special Assessment. Country View agrees that the special assessment value for the road improvements for County Road D on the Property (PIN 032922230009) shall be $135,787.25 ("Special Assessment"). The breakdown of assessments is as follows: Roadway $135,787.25 Country View has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Property with the amount to be $135,787.25. The assessments are to be paid over a fifteen (15) year period at an estimated interest rate of 5%. Country View expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). Country View shall pay the Special Assessment as set forth in the Statement of Assessment or in a lump sum. This Special Assessment amount shall not be deducted from the amount being paid by the City to Country View in this Settlement Agreement. ARTICLE 5. Additional Consideration Section 5.1. Consideration for the Easements and Fee Title Taking. (a) Connecting Road. As consideration for Country View granting the right of access, temporary and permanent easements and fee title for the Roadway provided by this Agreement, the City hereby agrees to construct for the benefit of Country View a roadway connection to the new County Road D that will be three hundred (300) feet in length, will be constructed to City standards with bituminous pavement and concrete curb and gutter, at such location as mutually agreed upon between Country View and the City ("Connecting Road"). The City and Country View shall determine the location of the Connecting Road on or before April 1, 2005, with both parties agreeing to work in good faith to try to reach an agreement prior to this date to determine the location of the Connecting Road. The parties agree that the value of this roadway connection is $75,000.00. It is also agreed that the Connecting Road shall be at the City's cost and expense. (b) Option to Purchase. The City agrees to grant to Country View an option to purchase that parcel identified as the Venburg Tire parcel presently consisting of 38,486 square feet set forth and identified on the attached Exhibit G and made a part hereof ("Venburg Parcel") at a rate of $8.00 per square foot ($307,888.00), and the City agrees to grant to Country View an option to purchase the parcel identified as the Xcel Energy excess land parcel presently consisting of 60,580 square feet as set forth and identified on the attached Exhibit H and made a part hereof ("Xcel Parcel") at a rate of $4.00 per square foot ($242,320.00) (the Venburg Parcel and Xcel Parcel are collectively referred to hereina$er as the "Option Parcels" or individually as an "Option Parcel"). Should Country View exercise its option with respect to the Venburg Parcel, it agrees that it shall pay and shall not object to the $40,617.50 in special assessments to be levied by the City for the construction of County Road D, which Special Assessment shall be paid as set forth in the Statement of Assessment or in a lump sum, at Country View's option. There shall be no assessments levied by the City with respect to the Xcel Parcel for the Project. The Option period shall commence from the date of execution of this Agreement and expire on August 31, 2005. In the event that Country View shall sell its Property at any time before the Option Parcels have been conveyed from the City to Country View or a Third Party Purchaser then this Option maybe assigned by Country View and this Option shall run with the Property and shall burden the Option Parcels. This right shall continue to run with the Property and shall be binding on and to the benefit of all successors and assigns of the Property and shall survive the Term of this Agreement. The Option Parcels shall be sold to Country View "as is" post construction. "Post Construction" meaning that all structures will be demolished and removed, all wells will be capped and any environmental contamination shall be remediated by the City. Country View or its developer shall be responsible for any soil corrections that maybe necessary for the developer to build on the Venburg Parcel. The City shall record a Memorandum of Option of record signed by the City and Country View for each Option Parcel for the benefit of Country View a$er an Option Parcel has been acquired by the City, reflecting the terms of the Option granted to Country View in this Agreement. A copy of the recorded Memorandum of Option shall be provided to Country View. (c) Pond Sizing for Development. As additional consideration to Country View, the City acknowledges and agrees that the area of the permanent drainage and utility easement being granted to the City by Country View, consisting of 388,593 square feet, shall be included in any density calculation by the City in determining the density requirements for the development of the Property. The 161,808 square feet conveyed fee title to the City by Country View shall not be included in these calculations as it is a permanent taking. The City agrees that 25% of its ponding requirement for Country View's Property in a future developed condition has been met by the wetland and storm water pond area that has been constructed by the City and will be located within the permanent drainage and utility easement. The remaining 75% of the ponding requirement for the Property shall be completed by Country View in connection with the development of the Property in the future. ARTICLE 6. Scope of Work Section 6.1. Scope of Work. The City shall perform and complete the Scope of Work: (a) in a safe, orderly, good, and workmanlike manner; (b) in a manner that meets all local, state, and federal laws; (c) in a manner in which does not interfere with in any way with the use of existing structures, roads or other improvements of Owner that are necessary to the use of the operational portion of the Property during the year 2004 with the exception of the first and ninth holes of the front nine hole golf course, the maintenance building and the access road to the maintenance building, which will be disturbed by the Scope of Work beginning in October of 2004; (d) completely within the Easement Area; and (e) at the City's sole cost and expense, although this Agreement does not preclude the City from administering assessments on the Property for the improvements as stated above. ARTICLE 7. Indemnification; Insurance Section 7.1. Indemnity. The City shall hold harmless, defend and indemnify the Owner of the Property, its agents, and their respective employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees, arising out of or due to, the negligence or willful misconduct of the City, in action or omission of the City, or its agents, employees or contractors in their use of the Temporary Easement. The City also agrees to correct any damage caused to the Easement Area as a result of the City's use of the Temporary Easement in a manner that is consistent with the condition of the Easement Area prior to the City's use of the Temporary Easement, excepting out any requirement for the wetland mitigation and storm water pond that are permanent in nature. Country View agrees to indemnify and save the City harmless from all claims (including costs and expenses of defending against such claims) arising from any negligent act, negligent omission or intentional tort of Country View or Country View's agents, employees, contractors, invitees or licensees occurring during the term of this Agreement in or about the Property. Section 7.2. Insurance. The City shall maintain: (a) comprehensive general liability insurance with a minimum of $1,000,000 per occurrence and $2,000,000 aggregate, (b) comprehensive automobile liability at a limit of liability not less than $500,000 combined bodily injury and property damage. Such insurance policies shall cover the City's indemnification obligations under this Agreement and shall be satisfactory to Owner. A certificate of insurance evidencing such coverage shall be provided to Owner prior to any entrance by the City or its employees, agents, or contractors onto the Property. The City's insurance coverage is subject to statutory liability limits. Section 7.3. Survival All the City's obligations set forth herein shall survive the expiration or earlier termination of this Agreement. ARTICLE 8. Miscellaneous Section 8.1. Public Purpose. This Settlement Agreement shall be the full and final agreement between the parties with respect to any condemnation of the Property. Therefore, Country View agrees to waive its public purpose and any or all challenges that it may have had to any condemnation proceedings initiated by the City with respect to this Property. Section 8.2. Payment of Compensation. The total compensation amount to be paid to Country View by the City is $1,820,974.00, plus the additional non-monetary compensation as set forth above. The City shall initially pay only a portion of the compensation amount of $1,266,735.00 to Country View within thirty (30) days of the Settlement Agreement being approved by the City Council and executed by both parties. The remaining sum of $550,208.00 ("Escrowed Option Funds"), consisting of the aggregate purchase price established for the Option Parcels that Country View will have the right to purchase during the Option Period, shall continue to be held by the City and released to Country View at earlier of: (1) the expiration of the Option Period of August 31, 2005; or (2) if Country View chooses to exercise one or both of the Options, the Escrowed Option Funds shall be released in an amount that is equal to the price established in this Settlement Agreement for the Option Parcel purchased; or (3) if Country View notifies the City in writing prior to the expiration of the Option Period that it is relinquishing its rights to exercise its Option as to either Option Parcel, then the City shall release the remaining Escrowed Option Fund(s) being held within ten (10) business days after it receives written notice. Section 8.3. Severability. The invalidity of any covenant, restriction, condition, limitation, provision, paragraph or clause of this Agreement, or of any part of the same, or the application thereof to any person or circumstance, shall not impair or affect in any manner the validity, enforceability, or effect of the rest of this Agreement, or the application or any such covenant, restriction, condition, limitation, provision, paragraph or clause to any person or circumstance. Section 8.4. Interpretation. Whenever appropriate, the singular number maybe read as the plural, and the plural maybe read as the singular. Any gender used maybe read as the feminine, neuter or masculine gender, whichever is appropriate. Compound words beginning with the prefix "here" shall be read as referring to this entire Agreement and not merely to the part of it in which they appear. Section 8.5. Minnesota Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 8.6. Successors and Assigns. Except as provided otherwise herein, this Agreement shall inure to the benefit of and be binding on the parties hereto and their respective successors and assigns. If any of the Property described herein is subdivided into two or more ownerships, each obligation thereafter arising under this Agreement shall bind only those portions of such property as to which such obligation relates, and the owners thereof, and the other portions of such property and the owners thereof shall not be burdened by such obligation. Section 8.7. Amendment or Modification. This Agreement maybe amended or modified from time to time by a written and recorded instrument duly executed by all of the parties. Section 8.8. Counterparts. This Agreement maybe executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. A signature page to any counterpart maybe detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. Section 8.9. Dra$in~. Each of the parties to the Agreement have been represented by legal counsel and neither parry shall be construed to be the drafter of the Agreement. Section 8.10. Entire Agreement. This Agreement reflects the entire agreement between the parties and supersedes all prior written or oral arguments including, without limitation (1) the prior Temporary Easement Agreement between the parties dated November 24, 2003, and (2) the Memorandum of Understanding dated February 12, 2004. The full agreement of the parties with respect to the Property is encompassed in this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written: THE CITY OF MAPLEWOOD By: Its: Mayor By: Its: City Manager STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) COUNTRY VIEW GOLF CENTER, INC. By: Its: The foregoing instrument was acknowledged before me this day of , 2004, by Robert Cardinal, the Mayor, and Richard Fursman, the City Manager of the CITY OF MAPLEWOOD, a Minnesota municipal corporation, on behalf of the City. STATE OF MINNESOTA ) ss COUNTY OF Notary Public The foregoing instrument was acknowledged before me this day of , 2004, by ,the of COUNTRY VIEW GOLF CENTER, INC., a Minnesota corporation on behalf of the corporation. Notary Public ziz9sso~z AGENDA ITEM K-3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: R. Charles Ahl, Director of Public Works/City Engineer SUBJECT:: Trunk Highway 61 Improvements (Beam to Interstate 694}, Project 04-25-- Resolution Authorizing Preparation of Preliminary Report and Approving Agreement with Kline Volvo for Frontage Road Improvements. DATE: July 20, 2004 Introduction The city has been working on various roadway improvements along Trunk Highway 61 in cooperation with MnDOT and the local businesses. Access points and driveways are a major concern for traffic movement. All efforts to consolidate the driveways are being made to improve safety and traffic efficiency. Kline Volvo and Kline Nissan are proposing a driveway consolidation study that will combine their driveways and provide a frontage road along the eastern section of the roadway. Authorization to enter into an agreement with Kline Volvo and to prepare a preliminary report is recommended. Background The combinations of driveway points along TH 61 between Beam and I-694 is part of the long- term traffic solution for this area. Kline Volvo is interested in providing a frontage road system that serves their property and connects to the Nissan site. Staff will also explore the connection of the frontage road to Lexus that would consolidate three driveways into a single driveway. The frontage road would also provide an area for off-loading new vehicles that is not on the public road system. The frontage road would be a private roadway that would be maintained by the private businesses. The reason for this project being constructed by the city is that access points and median improvements need to be constructed by a public agency according to MnDOT requirements. The city will facilitate the improvements and assess the costs back to the private business. The attached agreement provides the city with a benefit by receiving a deed for property that Kline had an interest in. This is in exchange for preparation of the report and consideration of the improvements. This project was tabled on June 28t" due to Mr. Kline withholding his signature on the quit claim deed needed by the city. Mr. Kline has now signed that deed and the city should proceed with its portion of the exchange agreement and initiate this project. Engineering expenses will be paid through the Cooperative Agreement funds provided to the city by MnDOT. Recommendation It is recommended that the city council adopt the attached resolution authorizing preparation of a preliminary report for construction of a frontage road at Kline Volvo and Kline Nissan and approving the agreement with Kline Yolvo on right of way exchange. Attachment: Resolution Kline Agreement RESOLUTION AUTHORIZING PREPARATION OF PRELIMINARY REPORT APPROVING AGREEMENT WITH KLINE VOLVO WHEREAS, a Public Hearing was held on May 24, 2004 for the improvement of Trunk Highway 61 (Beam to Interstate 694), City Project 04-25, and WHEREAS, the city council authorized improvements to TH 61, and WHEREAS, Kline Volvo has executed a deed vacating their interests in property along Trunk Highway 61 (Beam to Interstate 694), and WHEREAS, said Kline agreement provides for the City to investigate the construction of a frontage road that will benefit the City and Kline Volvo and other businesses along Trunk Highway 61. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That said agreement between Kline Volvo and the City of Maplewood is hereby approved and the City Manager and Mayor are hereby authorized to sign said agreement signifying the City's approval of the agreement. 2. The City Engineer is hereby ordered to prepare a preliminary report advising the City Council of the proposed improvements of frontage roads adjacent to and along the eastern side of Trunk Highway 61 from the new alignment of County Road D and existing County Road D. 3. The finance director is hereby authorized to make the financial transfers necessary to create a project budget in the amount of $20,000 for said purposes. Approved this 26t" day of July 2004. AGREEMENT This Agreement, dated July 14, 2004, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City") and Richard G. Kline and Jennifer S. Kline, husband and wife ("Mr. and Ms. Kline"). WHEREAS, the City is undertaking a project known as the County Road D (West) Improvements, Project Number 02-08; WHEREAS, Mr. and Ms. Kline own property in the Project Area, legally described as: Tract C, Registered Land Survey No. 525, County of Ramsey, State of Minnesota ( Nissan Property") Tract A, Registered Land Survey No. 525, County of Ramsey, State of Minnesota ("Volvo Property") WHEREAS, the Nissan Property and the Volvo Property are bo#h adjacent to the east side of the current Highway 61 ("New Highway 61"), which is owned and controlled by the State of Minnesota; WHEREAS, adjacent to the west side of Highway 61, across current Highway 61 is the property previously acquired by the State of Minnesota by easement for highway purposes ("Old Highway 61"); WHEREAS, Old Highway 61 is no longer being used by the State of Minnesota for highway purposes due to the construction of New Highway 61; WHEREAS, the State of Minnesota executed a quit claim deed to the City quit claiming its easement interest in Old Highway 61; WHEREAS, the City is acquiring property from the adjoining property owner on the west side of Old Highway 61, Trout Land, LLC ("Trout Land") for the construction of new County Road D; WHEREAS, the City is assembling the Old Highway 61 property with Trout Land's property in exchange forright-of--way for new County Road D; WHEREAS, as an adjoining property owners to the Old Highway 61 property, Mr. and Ms. Kline may have an interest in the Old Highway 61 property; and NOW THEREFORE, the parties agree as follows: L Mr. and Ms. Kline represent and warrant to the City that: A. They have all requisite power and authority to execute this Agreement and the documents previously listed hereof_ B. They will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. 2. Subject to the terms hereof, Mr. and Ms. Kline shall perform the following: A. Execute the attached quit claim deed to the City for the Old Highway 61 property. This deed shall be executed by Mr. and Ms. Kline and delivered to the City no later than July 15, 2004_ B. Execute temporary construction easements to the City for the construction of the frontage road ("Frontage Road") as hereafter described linking the northerly line of the Nissan Property (at the point of access of the Nissan Property to County Road D) to the south line of the Volvo Property. C. Close one of the two access points to Highway 61 on the Volvo Property if the Minnesota Department of Tratzsportation ("MN DOT") grants access to Highway 61 for the frontage road. D. Work with the Ramsey-Washington County Metro Watershed District ("District") and MN DOT in acquiring property and/or permits necessary to construct the Frontage Road. 3. The City shall perform the following: A. If the necessary property is acquired by Mr. and Ms. Kline, construct the Frontage Road within twelve (12) months from the date Mr. and Mrs. Kline obtain the necessary rights from the District. This Frontage Road shall be private and shalt be at Mr. and Mrs. Kline's written election 20 - 30 feet wide and subject to their exclusive use and control. The City shall be responsible for the payment of all engineering and survey expenses incurred to design the Frontage Road. The other costs of construction of the Frontage Road shall be shared eighty percent (80%) by Mr. and Ms. Kline through assessments levied by the City on the Nissan Property and Volvo Property and the remaining twenty percent (20%) by the City. Mr. and Ms. Kline have been advised of their right to notice and a public hearing and right to appeal concerning the assessments proposed against the Nissan Property and Volvo Property with the two_thirds amount to be paid by Mr. and Mrs. Kline. The assessments shall be paid over a fifteen (15) year period at an estimated interest rate of 5%. B. Support Kline's request to MN DOT to (i) obtain the necessary right to install, construct and use the Frontage Road; (ii) obtain direct access to northbound Highway 61 from the Frontage Road; (iii) obtain direct access to the Frontage Road from Highway 61 from southbound or northbound Highway 61;and (iv) obtain rights over that portion of the Frontage Road which is to run over MN DOT owned property lying between the Nissan Property and the Volvo Property. C. Convey fee title to the District of any wetland property owned by City that is required by the District in connection with the acquisition by Mr. and Mrs. Kline of any necessary property rights from the District necessary to construct, maintain and use the Frontage Road. 4. Attorney's Fees. The prevailing party in any litigation involving the enforcement of this Agreement shall be entitled to collect its attorney's fees from the non-prevailing party. 5. The City's obligation under this Agreement and the Klines' obligations herein, shall be conditioned upon the review and approval of final terms by the City Council. 6. Heirs, Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF MAPLEVVOOD By: Its: Mayor Date By: Its: City Manager Date ~~ Richard G. Kline Date ennl er . K e Date #336181 v3 Agenda # K4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: July 19, 2004 RE: Code of Conduct Council and Commission Members At the June 28, 2004, council meeting staff was instructed to draft a code of conduct policy for council and commission members. Following is a draft of the document for consideration. Code of Conduct fog Council and Commission Members For the purpose of this document, "Members" shall refer to Council and Commission Members. The Presiding Officer shall preserve strict order and decorum at all of Council or Commission meetings. The Members, while in session, must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer, except as otherwise herein provided. It is required that all Members show respect for each other, actively listen to one another, keep emotions in check and use respectful language. RULES OF DEBATE: The Presiding Officer, may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Member by reason of his/her acting as the Presiding Officer. Every Member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself/herself to the question under debate avoiding all personalities and indecorous language. A Member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order or to vote on a motion to close a debate, or as herein otherwise provided. If a Member, while speaking, is ruled out of order, the Member shall cease speaking until the question of order is determined and if in order, he/she shall be permitted to proceed. ROBERT'S RULES OF ORDER: Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority on parliamentary practice on matters not specifically covered, and in case of a conflict these rules shall govern. CONFLICT OF INTEREST: The Members exist to serve the public interest and not to promote or serve individual interests. Therefore, a Member shall carry out his or her responsibilities fairly and impartially. All Members should also observe the following conflict of interest guidelines: A Member shall not have a personal financial interest in any sale, lease or contract that he or she is authorized to make in his or her official capacity. Minn. Stat. § 471.87 (2004). A Member shall not hold two or more positions if the positions' functions are incompatible with one another (i.e. one position hires or appoints the other, performs functions that are inconsistent with the other, makes contracts with the other, approves the official bond of the other.) If a Member has a direct individual interest in anon-contractual decision that will be made (i.e. direct individual interest in zoning, local improvements, issuance of licenses, etc.), which may or may not be financial, he or she should generally abstain from discussing and voting on this matter. If a Member has an interest, he or she must disclose this potential conflict of interest to the City Council or Commission and shall not chair a meeting, participate in any vote, or offer any motion or discussion on the matter-giving rise to the potential conflict of interest. Minn. R. 4515.0500 (2004). Any city official or employee, elected or appointed, found using his or her position in a self-serving manner maybe subject to censure and/or penalties under federal, state and local laws. The Members pledge to dedicate themselves to the spirit and letter of City Ordinances and State Statutes. City administration and staff shall continue to give the City Council and the Commissions their best recommendations, information and research. No City staff member shall suffer recrimination for acting in a forthright, honest and candid manner in protecting and promoting the public interest. MEMORANDUM Agenda #K5 TO: Richard Fursman, City Manager FROM: Shann Finwall, Planner SUBJECT: Resolution of Support for the Livablle Communities Demonstration Account Development Grant LOCATION: Gladstone Neighborhood -Frost Avenue and English Street DATE: July 16, 2004 INTRODUCTION City staff is requesting that the city council adopt the attached resolution. This resolution is required by the Metropolitan Council as part of the city's application~'~,for a demonstration grant through the Livable Communities Demonstration Account (LCDA) Program. This program was established by the Livable Communities Act (MN Statutes Chapter 473.25(b)) and provides funds for development or redevelopment projects that connect development with transit, intensify land uses, connect housing and employment, provide a mix of housing affordability, and provide infrastructure to connect communities and attract investment. The city is requesting a grant in the amount of $2,565,000 in order to help fund the proposed capital improvement projects in the Gladstone Neighborhood including: reconstruction of Frost Avenue into aparkway-type design, the installation of streetscape iimprovements including the burying of overhead power lines, sidewalks, decorative street lighting; entry monuments, street side landscaping, and colored concrete crosswalks. There are'no requirements by the Metropolitan Council for the city to match these funds. BACKGROUND In November 2003 the City of Maplewood received an $8,000 LCDA grant from the Metropolitan Council in order to hire a planning consultant to study and provide a recommendation on the redevelopment of the Gladstone Neighborhood. During the 2004 city council goal setting session, the city council placed the redevelopment of the Gladstone Neighborhood as ahigh-priority goal. In February 2004 city staff and the city's planning consultant, Architecture and Town Planning, began a strategic planning study for the Gladstone Neighborhood. In April 2004 city staff began a series of meetings with the newly formed Gladstone Coalition to understand their goals and objectives for the Gladstone Neighborhood. DISCUSSION Gladstone Strategic Planning Timeline City staff has tentatively scheduled a date in August to host a second joint workshop with the city council, planning commission, community design review board, historical commission, and parks commission. During this workshop city staff and our planning consultant will give an update on the results of the Gladstone neighborhood open houses and Gladstone Coalition, and we will invite comments and guidance on the Gladstone strategic plan. Revised plans from the workshop will again be presented to the Gladstone Neighborhood during a second open house. Results of the workshop and neighborhood open house will be compiled unto a final plan, which will be presented to each board, commission, and city council for final approval. City staff hopes to have the strategic plan complete by mid-October. LCDA Grant Funds The Metropolitan Council has available LCDA grant funds of $7.5 million this year for communities seeking funding for development or redevelopment projects that meet the goals of the 2030 Regional Development Framework as follows: • Accommodate regional growth while using regional systems and land efficiently. • Increase transportation choices. • Appropriately mix land uses. • Increase the variety of housing types and costs. • Leverage private investment. Redevelopment of the Gladstone Neighborhood will meet all five of these goals. In addition to meeting these goals, the Metropolitan Council expressed support for the redevelopment of the Gladstone Neighborhood last year with the granting of $8,b00 to the City of Maplewood for the initial planning study. Therefore, there is a very strong likeilihood that they will again express their support this year with a grant for capital improvements in the area. RECOMMENDATION Adopt the attached resolution showing the city council's intent to comply with the Livable Communities Demonstration Account Program contract reiquirements for the requested $2,565,000 development grant for capital improvements in the Gladstone Neighborhood. p:com_dvpt\Gladstone\LCDA 2004 Grant Resolution Attachments: 1. Gladstone Strategic Planning Area 2. Resolution 2 Attachment 1 N W E Gladstone Stategic Planning Area 3 Attachment 2 RESOLUTION NO. CITY OF MAPLEWOOD, MINNESOTA AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Maplewood is a participant in the livable Communities Act's Housing Incentives Program for 2004 as determined by the Metropolitan Council and is, therefore, eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the city has identified a proposed project within the city that meets the Demonstration Account's purpose and criteria; and WHEREAS, the city has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the city certifies that it will comply with all applicable laws and regulations as stated in the contract agreements: and WHEREAS, the city council of the City of Maplewood, Minnesota agrees to act as legal sponsor for the project contained in the development grant application submitted on June 30, 2004; THEREFORE, BE IT RESOLVED, that the city manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Maplewood and to execute such agreements as are necessary to implement the project on behalf of the applicant. The Maplewood City Council adopted this resolution on July 26, 2004. 4 AGENDA NO. K-6 AGENDA REPORT TO: Mayor and City Council FROM: Richard Fursman City Manager RE: Merit Pay DATE: July 19, 2004 Merit pay is a benefit currently available to non-union benefit-earning employees and employees represented by the Metro Supervisors Association. This benefit has also been available in the past to the Police Sergeants. Merit pay has been in place for many years. The intent of the merit pay program was a good one - to reward those employees who go above and beyond the expectations of their positions, who put in extra, uncompensated hours and/or extra effort, and accomplish more than the average employee. I am proud to say that we have many employees throughout the City who do that. However, measuring that extra effort and exceptional quality has been difficult and ensuring consistency between raters has been even more difficult. It is also difficult to compare unlike positions to each other. Some positions naturally have a greater opportunity to go above and beyond because of the nature of the work or the level in the organization. So, needless to say, I have been less than enthusiastic about this benefit over the past few years. When affected employees were surveyed last year, I found a number of them shared my concerns. Therefore, I am proposing to eliminate merit pay. Because this would essentially be a pay cut for all of those involved, I have developed a plan to compensate for this. I have attached the plan for your consideration and approval. (As merit pay is a contract provision within the Metro Supervisors' labor agreement, this proposal is currently being negotiated with that group.) RECOMMENDATION It is recommended that the City Council approve the attached plan to eliminate the merit pay program. Proposal to Eliminate Merit Pay The Merit Pay Program is proposed to be eliminated this year. To compensate for the loss of merit pay, the following is proposed: 1. First, the salary ranges for all merit pay employees will be increased in December of 2004 by five percent (the maximum merit pay eligibility). 2. Next, the affected employees will be eligible for aone-time lump-sum merit- based payment in December of 2004 based on their performance in 2004. This payment will be from 0 to 5%. 3. After that, the affected employees' salary will be adjusted prospectively (on January 1, 2005) by the average of the last three years* merit pay (merit pay for the years 2002-2004). Future increases will remain effective on the employee's anniversary date and will be based on the same guidelines we follow now. There will be no further lump sum payments after December 2004. There is another change that will be put into effect at the same time. From now on, COLA's will not be automatic for non-union and MSA employees. Employees with performance problems will not be guaranteed 100% of any Council-approved COLA. They will receive 0%, 25%, 50%, 75% or 100% of the approved COLA, depending on their performance. The City Manager will make this decision on an individual basis prior to January 1 of each year. The salary range for the title will automatically move up by the COLA but the employee will not automatically receive an adjustment in pay equal to that. *Employees with less than three years of merit pay will be adjusted individually. If an employee has less than two years of merit pay prior to 2004, an average of those years will be used -regardless of job title during that period. Employees who had not been eligible for merit pay prior to 2004 will have the amount set by the City Manager using past evaluations for that period. AGENDA ITEM K-7 TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chuck Vermeersch, Civil Engineer I SUBJECT: Atlantic Street Water Main, Project 03-16: Approve Resolution for Cancellation of Project and Authorizing Financing of Expenses by the WAC Fund. DATE: July 19, 2004 Introduction Last year the city council approved a conditional use permit for Ohlson Landscaping Inc. at 1949 Atlantic Street. One of the conditions of the site plan was that the applicant extend water main north from Frost Avenue to their property, and construct sewer and water services and storm sewer to the property. At that time, Ohlson Landscaping Inc. petitioned the city to provide municipal water service to their property. Subsequent events have resulted in the petitioner's decision to construct the improvements privately. The council will consider approval of the attached resolution canceling the project and authorizing that all expenses incurred be financed by the WAC (St. Paul system) fund. Background On March 24, 2003, the council received the Ohlsons' petition, and approved a resolution ordering the preparation of a feasibility study. The feasibility report proposed that all project costs be assessed to the benefiting properties. The report was accepted on August 11, 2003, and a public hearing was set for August 25, 2003. The hearing was held on that date, and a resolution ordering the improvement was approved. Final plans and specifications were prepared, and on September 8, 2003, the council passed a resolution approving the plans and giving authorization to solicit bids for the project. A subsequent split of the Erik Ohlson/Thor Ohrlein partnership led to a lot split of the property. The Ohrleins were approved to use their portion of the property for equipment storage and did not need or want water service, nor the associated costs as outlined in the feasibility study. One of the conditions of approval of the lot split was that the two parties come to an agreement of how the assessment for the improvements would be split. The two parties could not agree, and since the Ohlsons wanted to proceed with the construction of their building, they have opted to have the improvements constructed privately, at their expense. In the preparation of the feasibility study, final plans and specifications, approximately $11,000 of engineering expenses were incurred to the project budget. Since the improvement will now be done privately, assessments will not be a revenue source. Until such time as the expenses can be recouped through cash connection charges as adjacent properties connect to the new water main, it is recommended that all expenses incurred-to-date be financed by the WAC fund. Recommendation Staff recommends that the city council approve the attached resolution for the cancellation of Atlantic Street Water Main, Project 03-16, and authorizing financing of project expenses by the WAC Fund (St. Paul system). CJV Attachments: Resolution City Project 03-16 Location Map RESOLUTION CANCELLATION OF ATLANTIC STREET WATER MAIN, PROJECT 03-16, AND AUTHORIZING FINANCING OF PROJECT EXPENSES BY THE WAC FUND WHEREAS, On March 24, 2003, the council received a petition from Ohlson Landscaping Inc. requesting water main be extended to their property as a public improvement, and WHEREAS, the council approved a resolution ordering the preparation of the feasibility study for the Atlantic Street Water Main, Project 03-16 on March 24, 2003, and, WHEREAS, the council approved a resolution ordering preparation of final plans and specifications for the Atlantic Street Water Main, Project 03-16 on August 25, 2003, and, WHEREAS, subsequent events have led the petitioner to withdraw their request for public improvement and construct the improvements privately and at their expense, and, WHEREAS, expenses were incurred in the preparation of the feasibility study and final plans and specifications which cannot now be recouped through assessments as proposed in the feasibility study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the Atlantic Street Water Main, Project 03-16 is cancelled, and 2. All expenses incurred as part of the project shall be financed by the WAC Fund. Approved this 26th day of July 2004. AGENDA ITEM K-8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Chuck Ahl, Public Works Director/City Engineer Erin Laberee, Civil Engineer 1 SUBJECT: Springside Drive Extension--West of Sterling St., Project 03-36 Resolution Accepting Report and Calling for Public Hearing DATE: July 16, 2004 Introduction The feasibility study for the Springside Drive Extension-West of Sterling St. is complete and will be made available as a supplemental attachment. The study includes information on the proposed improvements, proposed financing and probable assessments. The city council will consider accepting the feasibility study and ordering a public hearing. Background The proposed project area is illustrated on the attached project location map. John Poirier, the owner of the property between 2401 and 2425 Linwood Avenue East, is proposing to subdivide his 1.6-acre property into three single-family parcels. Currently Springside Drive extends west from Sterling Street to a temporary cul-de-sac. The proposed improvements include the extension of Springside Drive and utilities further west (approximately 250 feet) to provide access to the proposed development. Mr. Poirier has requested the street and utilities be public infrastructure and be constructed as part of a public improvement project. In 2001, the property at 2437 Linwood Ave. was subdivided. As part of the city requirements for the lot split, right-of-way was dedicated to allow for the extension of Springside Drive. The additional right-of-way required for the public street extension will be dedicated to the city by the developer. Several meetings were held with the two property owners, directly north and south of the proposed street extension. Both property owners would benefit from the proposed street extension and would be assessed for this improvement. The developer would also be assessed an amount proportional to the benefit received from the proposed project. The city would finance a small portion of the project for improvements to the existing cul-de-sac along with some storm sewer. Proposed assessments are presented in the feasibility study. Recommendation It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:00 pm, Monday, August 9th, 2004, for the Springside Dr. Extension -West of Sterling St. EML Jw Attachment: Resolution Location Map RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted October 13, 2003, a report has been prepared by the city engineering division with reference to the improvement of Springside Dr. Extension -West of Sterling St., City Project 03-36, and this report was received by the council on July 26, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $162,429.41. 2. A public hearing shall be held on such proposed improvement on the 9th day of August 2004 in the council chambers of city hall at 7 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. .a~