Loading...
HomeMy WebLinkAbout2006 12-11 City Council PacketMAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 11, 2006 Council Chambers, City Hall Meeting No. 06-33 M IIOX91:4111:11.9 B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. " 1. Minutes from the November 6, 2006 Council/Manager Workshop 2. Minutes from the November 27, 2006 Special City Council Meeting 3. Minutes from the November 27, 2006 Council/Manager Workshop 4. Minutes from the November 27, 2006 City Council Meeting 5. Minutes from the November 30, 2006 Continuation of the 11-27-06 City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTSIPRESENTATIONS 1. Resolution of Appreciation — Jim Kaczrowski 2. Steve Dobihal — Eagle Scout Project H. PUBLIC HEARINGS Proposed 2007 Property Tax Levy and Adoption of the 2007 Budget a. Adoption of Resolution Setting the 2007 Tax Levy b. Adoption of 2007 Ambulance Rates C. Resolution Adopting the 2007 Budget 1. 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. Assessments for False Alarm Bills 3. Assessments for Ambulance Bills 4. Home Occupation License Review — Grupa (1994 Duluth Street) 5. Conditional Use Permit Review — Woodhill (Dahl Avenue, south of Linwood Avenue) 6. County Road D Extension (Hazelwood to TH 61), City Project 02-07, and County Road D Extension (West of TH 61), City Project 02-08: Approve Resolution for State Aid Variance J. AWARD OF BIDS K. UNFINISHED BUSINESS L. NEW BUSINESS Alley Vacation - Driscoll (south of Frost Avenue and east of Walter Street) 2. Walgreens (Northeast Corner of White Bear and Beam Avenues) a. Lot Division b. Land Use Plan Amendment (LBC to BC) c. Zoning Map Change (LBC to BC) d. Design Review N. ADMINISTRATIVE PRESENTATIONS 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. Agenda Item E1 MINUTES CITY COUNCILIMANAGER WORKSHOP Monday, November O0.28U8 Council Chambers, City Hall A workshop 8f the City Council was held in the Council Ch8nl to order at 5:00 P.M. by Mayor Longrie. B. ROLL CALL Diana LOnQh8.Mayor Present Rebecca Cave C0uDCi|Ole[nb8[ F/r8S8nt Erik Hh8||e.CouOCi|nn8nnbBr Present Kathleen JU8nenn8nn Present Will FloGsb8Ch,{}oVnci|rnennb8r Present Mayor Longrie D2.Wood Burning D3.City Manager D4.New Ordinances O5.South Leg ng O0.Met Council Grant Seconded bvC0uDC | Fire Department B all, and was C8|ked Fire Chief Lukin provided an overview of the Fire Department organizational chart, history on the department and future objectives. Public Safety Dispatch - Councilmember Juenemann gave an update on the status of the dispatch center transition and the joint meetings held regarding all parties involved. Councilmember Rossbach spoke regarding residents that have wood burning devices in their homes and how itaffects surrounding neighbors. R0Gsb8Ch requested that staff look 8L developing an ordinance addressing the issues and possibly consider regulating standards for citizens that use wood burning devises for heating their homes. November 6, 2006 Council/Manager Workshop 3. City Manager Search COUn[j|rnernb8rRoSsb8Ch requested information regarding the status of the City Manager search. Mr. Copeland informed council that the issue will be on the November 13, 2006 agenda. 4. New Ordinances Counci|memberRossbachdiscussed proposed budgeted processes suggested by COUnc|nlember|UeUe and also mentioned his continued interest in democratic governance which allows for public input during the budget process. 5. South Leg Meeting MavorLonoh8 reminded residents of the south |8g Fire Station on November 9th . The topic of t 6. Met Council Grant Mayor Lonoh8 informed the counc that Met Cou good for the city to receive 81.8 million grant for process. Mayor Longrie adjourned at 7:05 p.m. ng held at the Londin Lane s informed the City that it is looki November O.20O0 Council/Manager Workshop 2 MINUTES SPECIAL MEETING MAPLEWOOD CITY COUNCIL 4:00 P.M. Monday, November 27, 2006 Council Chambers, City Hall Meeting No. 06-29 A meeting of the City Council was held in the Council Chambers, ai order at 4:00 P.M. by Mayor Longrie. City Manager Copeland announced that due to an opinion from the Cities, council will not be going into closed session. Councilmember Rossbach questioned the manner in which the city Special Meeting. B. ROLL CALL Agenda Item E2 Hall, and was called to gue of Minnesota e notice of the Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Absent Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Cave Ayes-All D. NEW BUSINESS 1. 2007 Labor Contract Negotiations-Chuck Bethel, City Attorney for Labor Relations a. Human Resources Attorney Chuck Bethel explained the manner in which the council will conduct the meeting, the status of negotiations and the procedure for otiations Assistant Steve Roy presented further specifics and council questions. Aayor Longrie moved to leave the negotiations strategy up to City Manager Copeland ind Mr. Bethel to do what is right and in the best interest of the city. If it is determined hev would need to exceed the monev allotted in the budaet. this item will be brouaht Seconded by Councilmember Rossbach Ayes-All E. ADJOURNMENT Mayor Longrie adjourned the meeting at 4:55 p.m. November 27, 2006 Special City Council Meeting Agenda Item E3 MINUTES CITY COUNCILIMANAGER WORKSHOP Monday, November 27, 2006 Council Chambers, City Hall 5:10 p.m. A. CALL TO ORDER A meeting of the City Council was held in the Council Cha order at 5:10 P.M. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember C. APPROVAL OF AGENDA Councilmember Cave moved to approve Seconded by Mayor Longrie D. NEW BUSINESS 1. Interviews for Environmental and for Present Present Present Present Present City Hall, and was called to al Resources Commission ntal and Natural Resources Commission in the Tom Moibi James Beardsley Allen Moore John Sticha Dale Trippler Carol Sherrill Carole Lynne Margaret Behrens The interviews for the two remaining applicants will be held at the December 18, 2006 Council/Manager Workshop. ADJOURNMENT Mayor Longrie adjourned at 6:50 p.m. November 27, 2006 Council/Manager Workshop 1 Agenda Item E4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 27, 2006 Council Chambers, City Hall Meeting No. 06-30 A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at City Council Meeting 11-27-06 1 7:00 P.M. by Mayor Longrie. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present D.APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as amended. M1. Garbage Collection M2. 2006 Election M3. Electric Franchise Tax Seconded by Councilmember Hjelle Ayes-All E.APPROVAL OF MINUTES 1. Minutes from the November 13,2006 Council/Manager Workshop Councilmember Cave moved to approve the minutes from the November 13, 2006 Council/Manacle Workshop as presented. Seconded by Mayor Longrie Ayes-Mayor Longrie, Councilmembers Cave and Hjelle Abstain-Councilmembers Juenemann and Rossbach City Council Meeting 11-27-06 1 2. Minutes from the November 13, 2006 City Council Meeting K8ayorLongha moved to approve the minutes from the November 13, 2006 City Council Meeting as amended. Seconded byQ)uOci|membRrCave COUDCi|0R0b8rs; Cave, Hjelle and Juenemann Abstain-Counci|nlenlb8rRos8b8Ch 1 Carl Erb, 2354 Hei George Gonzales 2359 Hei vacation Of the easement through the C0P8[ proper subsequently declare permanent the temporary cul- 2. Nancy Lazaryan, presented documents to council rE 3. Ed Fitzgerald, 3284K88rnie Court, Maplewood, than willingness to take abuse from the "populous" in ord hts, submitted a petition requesti the as at the end Of Heights Avenue and E+s8c8L that location.NN 4. Ron C0Ckrie| 943 Century, al regarding the parcels in south Maplewood. 5. Judith J h8 Woodl Avenue, comment amid council concentrate on the good of the city and all citizens. ding |ovvSu m[j| for their Hfh]rtS, hard work and ve Maplewood residents tax dollars. Of the pet Oat she viewed 8Sdisrespect e any personal agendas and G. Robert St. Paul with the manner the City Manager vv@SGpoointed and the nrooOS8Orestriction to visitor comments. 7. 8 copy Df the budget would be made available. City Manager Copeland stated it would be available by the end of the week. G. 1 Appointment and Natural Resources Commissioners Mayor Longrie tabled this item due toall interviews not being completed. H. PUBLIC HEARINGS 1. Liquor License Increases and Code Rev G. REoL Oir8Ct0r{3uiKoi|e presented the report. b. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following persons were heard: Nick Schwartz, B|eeCh8r'3 Bar, Maplewood DVnHuot. Hu8y'sBar M8p|8vvond Amanda Kranz, 8L8rga{8 Nightclub, Maplewood C. Mayor LOOg[ie closed the public hearing. City Council Meeting 11-27-O0 2 Councilmember Cave moved to adopt the following 2007 Liquor License Fee Increase and Code bf The city has the folloNvin; of intoxicating liquor licenses: Class A — required to maintain it least 60% annuaig 4 oss sales in non-lipor related items. Class B — required to maintain at least 30% - ; 9? annual arosssales in non - liquor related items, Class C —establishments are exempt from The percentage of --ross, sale, in non-liquor related sales but must ineet State Statute requirement foi - Sundaygales. Exemption to flteserequirenienI5 (ire establi5hinetils of occupancy Ihnits cif lioorless. These e5fablishment will be licensed as Ortss - ror licens efee purposes. Attached is a list of the occupancy limits of our current license liolders,' Seconded by Mayor Longrie Ayes-All Councilmember Rossbach moved to eliminate the Class C licenses when the current establishments cease to operate (with the exception of the exemption) at the time they cease to operate due to being a detriment to the city by following the proper legal channels. City Council Meeting 11-27-06 Sec. 6 Persons eligible for issuance of licenses, Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann and Rossbach Nays-Mayor Longrie and Councilmembers Cave and Hjelle Councilmember Hjelle moved to directed staff and City Attorney Kantrud to research the options for the city, and any possible conflicts with state statute in controlling, guiding and dealing with those establishments that fall under a Class C Liquor License. Seconded by Councilmember Juenemann Ayes-Mayor Longrie and Councilmembers Hjelle, Juenemann and Rossbach Nav-Councilmember Cave Pj Sign Variance — Boca Chica Taco House (1706 White Bear Avenue) a. Planner Finwall presented the report. b. Mayor Longrie opened the public hearing, persons were heard: None C. Mayor Longrie closed the pub Councilmember Rossbach moved to dei based on the findings in the staff report. Seconded by Councilmember Hjelle CONSENT AGENDA Councilmember Hielle moved to aDDrovi J& anager uopeiancl wiii ensun ded by Councilmember Hjel IRMa,", Wlaw Seconded by Councilmember Hjelle Ayes-All Councilmember Juenemann moved to approve consent agenda item 4. Seconded by Councilmember Cave Ayes-All Councilmember Hjelle moved to approve consent agenda item 5. Seconded by Councilmember Juenemann Ayes-All City Council Meeting 11-27-06 Awe for pro Ayes-All or op receives the delineation of City Attorney Bethel's invoices. Ayes-All 4 Mayor Longhe moved to aggrove consent agenda item 6 with soecial thanks to Lieutenant Shortreed and Corrine Ivy and Jeffery Morris from the 3M Company. Seconded bvCounCi|mernberHdb+ U CounCi|nnennb8r[|ave moved to approve consent agenda items 7 with special thanks to Deputy Chief Banick and Nancy Sabin, Executive Director of the Jacob Wetterling- Foundation. Seconded b Councilmember Juenemann Ayes Mayor Longrie moved to approve consent agencla items 9-12 and record the applicable documents which should include the notice address for the Board of Water Commissioners) with the ar)r)ror)riat office at Ramsey County. Seconded by Councilmember Cave Ayes-All 1 . Approval of Claims ACCOUNTS PAYABLE: 114.133.83 Checks #71 dated 11/06/06 thru 11/14/06 263, 180.58 dated 11/21/06 4,104,423.23 Disbursements via debits to checking 8cCOunt 4,718,842.19 Total Accounts Payable ROLL Payroll Checks d Direct Deposits dated 516,222.62 11/17/06 Payroll Ded cb0ndl8ck#1O0O5U7LhnJ# 1000508 dated 11/17/06 518.527.87 Total Payroll GRAND TOTAL City Council Meeting 11-27-06 5 2. Increase in Planning Fees (Second Reading) Moved to adopt the following second reading of the planning fees with the direction to staff to determine an inflation rate to apply consistently: Section 1. Section 36 26t0 0f the Zoning Code Of the City of Section 36 26 to Fees. The follow nonrefundable Zone Change Conditional Use Permit: Other Conditional Use Permit Revi Fl1.R1R,R18,R2, Other Variance Other Front Yard Setbacl Other Fee per |0tCre is hereby amended as follows: fees sh mt Home Occupation Permit (initial permit) UU| permit Annual permit Comprehensive Plan Amendment Code Amendment Planned Unit Development Preliminary Plat Pn3|i[niD8ry [z|8t Revision or Time Extension Final Plat Time Extensions/Renewals 997 1.317 922 1.107 869 1,145 371 IN MUM 873 1/481 909 3,003 1.754 237 407 149 6CityCouncilMeeting11-27-06 Section 2. Section 36 258 to Of the sign code i3 amended @afollows: Section 36 2459 tn44-773. Fees. 1) The sign erection permit fee shall be per inspection 3. Conditional Use Permit Review Jiffy L (3071 White Bear Avenue) Moved to approve the conditional use permit for Jiffy Lube automobile maintenance program at 3071 White Bear Avenue (near Maplewood Mail) again only if a problem arises or if the owner proposes a major change to the site. 4. Conditional Use Permit Review - Saint Paul Hmong Alliance Church (1770 McMenemy Street) Moved to approve the conditional use permit for the ST. Paul Hmong Alliance Church at 1770 xxcvennnny Street again only na problem arises or if the owners propose a major change oothe 5. Conditional UReview—Maple Center C2475.2485 and 24g5 Maplewood Drive) yN0v8d to review the conditional uS8p8rm Maple Leaf Ridge business Center iOone y88[ 8 Donation Feedback Sign Accepted the $6,150 donation from 3M for driver feedback signs. Target Corporation bJ help defer the costs Of the October 2nm ng Children from Sexual Offenders seminar. 8. Metro Gang Strike Force Joint Powers Agreement Approved to enter intO8 Joint Powers Agreement with the Metro Gang Strike Force: JOINT POWERS AGREEMENT CREATING THE METRO GANG STRIKE FORCE This iS8n agreement between the political sub-divisions and municipalities referenced in Appendix A. and (hereinafter collectively referred tO8S "the ParUes"). WHEREAS, The Parties each have law enforcement agencies (hereinafter c0||8Ctiv8|y referred tOGS "the AnRDCiR3''\with p0|iCR powers within their respective jurisdictions and these Agencies are responsible for the enforcement 0f all laws dealing with gang 0[related City Council Meeting 11-27-O0 7 criminal violations in their respective jurisdictions; and WHEREAS, The Parties, through their Agencies, wish to form a joint strike force for the purpose of more efficiently and effectively enforcing laws dealing with any and all crimes committed by gangs or for the benefit of gangs by investigating and prosecuting such criminal activity, especially felonies that have the likelihood of being related to gang crime; and; NOW THEREFORE, Pursuant to the authority contained in Minnesota Statutes 471.59, commonly known as the Joint Powers Act, and §299A.641 subd-3, and in consideration of the mutual covenants herein contained and the benefits that each party shall derive hereby, the Parties agree as follows: 1. PURPOSE OF THE AGREEMENT The purpose of this agreement is to establish the Metro Gang Strike Force as an organization to coordinate efforts to prevent gang activity and investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang and to define the rights and obligations of the Parties with respect to the duties and activities performed by the Metro Gang Strike Force throughout the term of the agreement. 2. METRO GANG STRIKE FORCE The Metro Gang Strike Force (hereinafter "MGSF") is hereby established by the Parties to coordinate efforts to prevent gang activity; and investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang. Other cities, counties, and public entities may apply for membership in the MGSF by formal application to the Gang and Drug Oversight Council (described herein) and the Commissioner of Public Safety. Submission of an application constitutes agreement by the applicant to all provisions set forth in this agreement and the recommendation of at least one fulltime licensed peace officer to the MGSF. Participation in the MGSF must be recommended by the Gang and Drug Oversight Council and approved by the Commissioner of Public Safety. 0 The Parties and the Agencies shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. 4. TERM OF AGREEMENT /TERMINATION The Initial Term of this Agreement shall be for a 12 month and three day period from ber 29, 2005 through December 31, 2006. 4.2 This Agreement shall automatically renew each year ("Renewal Term") for up to five years unless the MGSF Advisory Board and the Gang and Drug Oversight Council determine adequate funding is not provided by the Minnesota Legislature and/or the Parties to this Agreement. Notice of inadequate funding must be provided to the Parties at least sixty (60) days prior to termination of this agreement. This Agreement will not automatically renew if a majority of the then-current members give written notice to the other Parties of their intent to not renew at least sixty (60) days prior to the end of the then-current Initial Term or any Renewal Term. 4.3 A member may withdraw, within the terms of this agreement, upon sixty (60) days notice to the other Parties. 4.4 Upon withdrawal of a Party, all property of the withdrawing Party shall be returned. A withdrawing Party shall have no claim to any property or assets owned or held by the MGSF. City Council Meeting 11-27-06 4.5 |O the event that the K8GSFiS dissolved, all property owned bv the K8GSF shall be distributed k} the Agencies currently participating in the K4GSF. The MGSF Board will determine the distribution of property on 8 pro-rated basis, based upon the length of participation of Agencies and the number of Agency officers assigned tO the K8GSF. Property Of the Agencies Or the Parties that had been loaned for use by the K8GSF shall be returned tO the contributor. 5. K8GSF GOVERNING BOARDS 5.1 The Gang and Drug Oversight Co ci| as established by the act of the 2005 Minnesota Legislature (Minnesota Statute §299A.641), will approve an overall budget for the Metro Gang Strike Force and provide strategic guidance related to the investigation and prosecution of crimes committed by a gang or for the benefit of a gang by the MGSF. Authority, composition and duties of the Gang and Drug Oversight Council is established and defined in Minnesota Statutes §299A.641. 5.2 An Advisory Board (hereinafter "Boan Officer, or their designee, nf each p8rti[jp8{in supervise the Metro Commander, approve th for the work 0f the W1GSF and approve all ex1 Board will develop By-laws t0 address Board unique tothe K8GSF. nsisting of the Chief Law I ncy will be established to ction of participating OffiCE ires of the Metro Gang St tions and specific policies 5.3 The Board will elect 8chair and vice chair from 5.4 Each agency on the board will h a tie vote, the vote of the chair will conti 5.5 The Board shall convene on, at program business, and status of progra meet more often if the chair determines 1 pleasure of the administrative i AU vote. Asi INUUMMO its members. cement tand at the inhUH8 once. The procedures htvwiU nJ|8. In the event of rly basis t0 review the operations, SF. The Board has the authority to ration and responsibility for carrying out the operations Of the MGSF shall be OD and command of the Metro C00Dl@DdBc The Metro Commander will work ltn the Statewide L.00nO|nGoJr. iC8Uon8n iic region 11 select the Metro Commander and the Metro Commander serves at the J. The Commander will be expected to provide effective leadership and nation; direct officer assignments; oversee field operations, foster 00peration with other law enforcement agencies in and outside the nd identify and facilitate necessary training for MGSF officers. 83 The Metro Commander will plan and coordinate case activities and direct investigative activities of the MGSF based on intelligence provided by the Agencies, with priorities as determined by the Advisory Board acting in concert with the strategy, policies and guidance established by the Gang and Drug Oversight Council. 0/1 To protect the integrity of investigations and to ensure that the goals, operations 8nd objectives of the K8GSF are properly n8pr8S8nL8d; r8qU8SLS for information by the media will be handled bv the Metro Commander 0[ their specific designee iD accordance with @ media policy established by the Board. City Council Meeting 11-27-06 7. FUNDING 7.1 K8GSF operational requirements, tV include sworn personnel and necessary equipment, will b8 funded first tO the extent possible, bv grants @S authorized bv the Commissioner Of Public Safety upon recommendation of the Gang and Drug Oversight Council, and by any other funding sources recognized by state 8t8iUL8 or received by any of the nnennbenS or Agencies on behalf 0f the MGSF. 7.2 All assets received through a8izur8, forfeiture, restitution 0r fines that are derived from the operation of the MGSF will remain the property of the Strike Force and will be used for the furtherance of MGSF efforts. In cases where the MGSF cooperates with another jurisdiction, such as another task force or local state or federal agency, the Metro Commander and representatives of other agencies will negotiate a split based upon the amount of effort expended in the investigation and will document their agreement, In the case of federal forfeiture actions, established federal rules shall be followed. Policies regarding the collection, reporting, use and disbursement of all MGSF assets referenced above, will be dictated by the Board subject to compliance with applicable laws. 7.3 Participating agencies agree to individually assume any of their remaining Agency funding deficits incurred by the assignment of their Agency personnel or equipment to the MGSF, provided that nothing herein precludes any Agency from contributing funds, equipment, or in-kind services in excess of that necessary to fund its own deficit. Grants funds allocated to each Agency may be used to cover salary, overtime and vehicle costs. 7.4 The Advisory Board shall select a the responsibility of serving as the depos budgeted services and supplies, as appr( keeping all financial records and filing rec Fiscal Agent shall be responsible for stric reporting of all receipts and disbursemen of all receipts and expenditures and currE the books, records and reports shall be o fiscal agent. The Fiscal Agent shall be charged with tory for MGSF funds, procuring and paying for lved by the Metro Gang Strike Force Advisory Board, uired reports in connection with grant funding. The accountability of all MGSF funds, and for the s. The Board shall receive a quarterly financial report nt fund balances from the Fiscal Agent. In addition, en to inspection by the Agencies at all reasonable 8. IVIGSF 81 The Parties shall recommend licensed peace officers orqualified federal law enforcement and other personnel tO the K8(3SF@S agreed upon tOcarry out its purpose responsibilities under this Agreement. Off must be approved by the . 0~ 8.2 All personnel assigned to the MGSF ("MGSF Personnel") shall remain employees of the agency assigning the personnel and shall not be considered temporary or permanent employees of any of the other Parties or the MGSF for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers compensation, re-employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another of the Parties. The Parties acknowledge their individual responsibility to provide all salary compensation and fringe benefits to their employees while performing services on behalf of the MGSF. Benefits may include, but are not limited to, health care, disability insurance, life insurance, re-employment insurance, FICA K8edicare, PER/\ vacation, sick leave, and unpaid leave of absences. 8.3 Parties assi p8Gu80ffiC8rS8SK8GSFP8rS0nn8|muStprovide8@Chpe8c8offiC8r with a vehicle and equipment necessary to perform required police functions. 8'4 As directed by the W1etn} Commander, MGSF Personnel will be responsible for gang or gang prevention activities; directed patrol; and investigations; including intelligence City Council Meeting 11-27-06 10 QD@D@aeD1eDt, case development, and the presenting Of cases for charging t0 the appropriate prOS8CuUDg auUl0ih/. W1GSF Personnel may also assist other law enforcement agencies iO surveillance and undercover operations. K8GGF Personnel will work cooperatively with assisting agencies. 8.5 As authorized by Minnesota Statute §209A.641 subd. 6 law enforcement officers participating in the MGSF have statewide jurisdiction U] conduct criminal investigations and have the same powers of arrest as those possessed by a sheriff. 8.6 All MGSF Personnel shall follow rules of conduct and operational guidance developed by the Gang and Drug Oversight Council and any policies and procedures adopted by the Board. Where Agency rules, regulations and policies of the Parties conflict with those established by the MGSF, the Board will be notified and a resolution will be negotiated between the MGSF and the affected Agency. 8.7 The Metro Commander or a designee shall refer disciplinary matters involving MGSF Personnel to the person's originating agency for investigation and disposition unless, based on the judgment of the Metro Commander, or his/her designee, a particular matter represents probable cause for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. The Metro Commander may exclude contributed members from further involvement in the MGSF subject to review by the Board and approval of the contributing agency. 0' LOCATION K8GSF@CLivUUes shall take with the concurrence Of the Gang an( 10' ADVISOR The Board shall designate an k} the K4GSF as and wif reauired. ntral location to be agreed to by the Agencies and Oversight Council. ey to advise the Board and provide civil legal advice 11. DISPUTE RESOLUTION Disputes between MGSF personnel that referred to the Metro Commander, whos 51 be resolved among MGSF Personnel shall b8 n shall be final. 121 Liability coverage. MGSF will maintain liability coverage with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,000,000 per occurrence, under standard LMCIT liability coverage forms. Alternately, MGSF may maintain equivalent private liability insurance coverage. Such coverage may be provided through separate policies for commercial general liability (CGL), public officials' errors and omissions, and law enforcement liability. All liability insurance policies must Each policy shall have 8 limit 0f8i least $1 million per occurrence. K the policy c0Dt8iDS 8 general aggregate limit, the general aggregate limit shall b8 not less than $7,000.0O0. 0 Th8CGLiOSungnC8Sh@UC0v8r|i@bi|itv8hSiOgfR}[DpnBDliS8S,0pg[Gtk}OS,iDd8p8Dd8Ot contractors, products-completed operations, personal injury @nd8dvedi8inginjury, and contn3{tV@||y'@s8Unn8d liability. w Each Party, and each Party's officers, employees, and volunteers, shall be named 8s additional covered parties on each policy. 12.2 Auto coverage. K8GSF shall maintain automobile liability coverage with a limit of not less than $1,000,000 each accident. If such insurance contains a general aggregate limit, the City Council Meeting 11-27-06 11 general aggregate limit shall be not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned autos. Each Party, and each Party's officers, employees, and volunteers, shall be named as additional covered parties on the policy. 12.3 Property coverage. MGSF will maintain all risk property coverage for full replacement value on property owned by MSGF. The insurer shall waive subrogation against any Party. 12.4 Workers compensation. If MGSF at any time hires employees, MGSF will immediately acquire and maintain workers compensation coverage. 13. INDEMNIFICATION AND WAIVER 13.1 MGSF waives any claim against any Party for damage to MGSF's property or injury o MGSF's employees, even if that damage or injury was caused by the negligence of the Party or the Party's officers, employees, or volunteers. Each Party waives any claim against MGSF or against any other Party for damage to the Party's property or injury to the Party's employees, even if that damage or injury was caused by the negligence of the other Party or the Party's officers, employees, or volunteers. 13.2 MGSF will defend and indemnify any Party against any claims brought or actions filed against the Party or their respective officers, employees, or volunteers, for injury to, death of, or damage to the property of any other person or persons, arising from decisions of the MGSF Board or from any operations for which MGSF is responsible. Any Party, officer, employee or volunteer subject to such claim shall provide complete disclosure and cooperation in the defense of the claim. 13.3 In the event that the total liability of the MGSF, its Parties, and their officers, employees, and volunteers for claims arising from the activities of the Task Force should exceed the coverage limit or in the event of liability that is not covered by the MGSF's coverage, the parties agree to share that excess or uncovered liability equally; but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. Nothing in this agreement shall be construed as a waiver by the MGSF or by any Party of any applicable liability limit, immunity, or defense. This expressly includes the provisions of Minnesota Statutes Chapter 466 and any other applicable state or federal statute or case law It is understood and agreed that each Party's liability shall be limited by the provisions of Minnesota Statute Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. In the event of any claims or actions filed against the MGSF and/or any individual Party for any operations for which the MGSF is responsible, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate statutory liability caps from the MGSF and/or individual Parties. The MGSF is intended as a separate liability entity which limits the liability of individual Parties. 14. NOTICE Any notice to be given under the terms of this Agreement shall be made by personal delivery or by first class mail to the Chief Law Enforcement Officer of each participating agency. 15. EFFECTIVE DATE This Joint Powers Agreement will become effective upon the date of execution of a participating Agency by their duly authorized official, but in no event prior to December 29, 2005. 16. ADDITION AND REMOVAL OF PARTIES LISTED IN APPENDIX A Appendix A to this Agreement lists the Parties and contains signatures of representatives of City Council Meeting 11-27-06 12 each Party. Appendix A may b8 amended bv the Board, upon recommendation Of the Gang and Drug Oversight Council and approval of the Commissioner of Public Safety, without additional signatures by representatives CU the Parties. Amendments k) Appendix A may be made only to add additional parties or remove withdrawing parties. 6% 10 11 12. N WITNESS THEREOF, the parties listed iO Appendix Ak} this Agreement, bv action Oftheir governing bodies, or their authorized designees, hav8c8UsedLhiSAorH8nlerttOb8HxeCVtedin accordance with the authority of Minnesota Statute §471.59. T0utlaOd Auto Dealers /LexUSOfMapl8w0Od\. City Project 05-13 Board OfWater Commissioners of the City of Saint Paul Private Water Main Agreement Approved the private water main agreement between Bloomer Properties, LLC, the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. This agreement should be recorded with Ramsey County and include the notice address for the Board of Water Tr0Utk3Od/\Ut0 O8@|RrS (Bloomer Properties), CODlDliS3iOOerS of the City of Saint P8U| Private VV8te[ Main Ann8eDleDt Approved the private water main agreement between Bloomer Properties, LLC, the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. This agreement should be recorded with Ramsey County and include the notice address for the Board of Water Maplewood Retail Center, City Board of Water Commissioners Ofthe City of Saint Paul Private Water Main Agreement Approved the private water main agreement between Troutland, LLC, the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. This agreement should be recorded with Ramsey County and include the notice address for the Board of Water ottagewood, City Project 06-08, Approve Board of Water CO[DD1iSSODgrS of the City Of Saint Paul Private Water Main Aareement Approved the private water main agreement between Lauren & Company Development, , the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. This agreement should be recorded with Ramsey County and include the notice address for the Board of Water Commissioners. 13. Authorization to Purchase 2007 AutoCAD Software Upgrades Authorized the purchase of the AutoCAD 2007 software upgrades for $5,856. 14. Resolution for Adoption of 2007 Public Works Permit Fees Adopted the following resolution approving the 2007 Public Works permit fees. RESOLUTION 06-11-141 ADOPTION OF THE 2007 PUBLIC WORKS PERMIT FEES WHEREAS, the City of Maplewood has established permit fees for sewer service construction, storm sewer and sanitary sewer main construction, driveway construction, water connection and grading, and WHEREAS, city staff has reviewed the permit fees and prepared 8schedule of fees titled 2007 City Council Meeting 11-27-06 13 Public Works Permit Fees, dated November 15 1h .2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: The updated public works fees are approved for all related permit applications received after January 1, 2007. 2. The rates shown will be reviewed by staff on an annual basis with recommendations for 14CityCouncilMeeting11-27-06 K. 15. Consider Approval of 2007 SCORE Funding Grant Application Approved the 2007 SCORE Funding Grant Application. AWARD OF BIDS None UNFINISHED BUSINESS 1. Manufactured Home Park Closing Update — Saint Paul Tourist a. Senior Planner Ekstrand presented the report. Councilmember Juenemann moved to take the $3,000 averaq residence located at 948 Frost Avenue. Seconded by Councilmember Hjelle Ayes-f Cave, Nay-C 9:25 p.m. A 10 minute break was taken. 2. Conditional Use Permit Review — Maplew( a. Planner Finwall presented the rep( b. The following persons were heard: 940 Frost Avenue East) it Longrie, Councilmembers e and Juenemann ilmember Rossbach 1616 Gervais Avenue) Cindy Hall, 1596 Grandview Avenue, Maplewood Patrick Lensing. Steiner Develowent Councilmember Hielle Seconded by Councilmember Juenemann Ayes-All 3. Environmental Utility Fund — Report on Fund Balance and Establishing 2007 Rates a. Public Works Director Ahl presented the report. Councilmember Rossbach moved to approve an increase in the environmental utility rate by 20% effective January 1, 2007 to provide the revenues anticipated in the 2007 bud-get. Seconded by Councilmember Juenemann Ayes-Councilmembers Hielle, Juenemann and Rossbach Ayes-Mayor Longrie and Councilmember Cave City Council Meeting 11-27-06 15 4. Trunk Highway 5 - 120 MnDOT Property Usage Study, City Project 03-20, Resolution Authorizing Investigation into Acquisition of Property a. City Engineer Ahl presented the report. Councilmember Juenemann moved to adopt the following resolution authorizing the Director of Public Works to investigate the acquisition/transfer of the MnDOT property at TH 5 and TH 120. RESOLUTION 06-11-142 AUTHORIZING INVESTIGATION INTO ACQUISITION OF PROPERTY WHEREAS, pursuant to direction of the council adopted October 23rd, 2006, a study is underway on the possible development of an environmental complex on the vacant MnDOT property at Trunk Highways 120 and 5, Project 03-20, and said study is due to the council in October 2007, and WHEREAS, the Director of Public Works has jurisdictional transfer and/or acquisition of said propE WHEREAS, the City has previously rece this site. NOW, THEREFORE, BE IT RESOLVED BY THE MINNESOTA: 1. The Director of Public Works investigate the possible acquisition and/or jt of Maplewood for the purpose of protecting 2. The Director of Public Works and/or acquisition no later than the second i s about on-going operations at I I IEM 0 kyl F-11 W4: 001•1 ereby authorized on behalf of the City Council to liction transfer of said property from MnDOT to the City public interest and welfare within the area. port to the City Council on conditions of the transfer meeting of the Council of March 2007. ncilmember Rossbach Ayes-All I Z IATITA __1 1 Saint Paul Regional Water Services Sandy Lake Site Conditional Use Permit (County Road B - West of I - 35E) a. Senior Planner Ekstrand presented the report. b. Planning Commissioner Fisher presented the Planning Commission report. C. John Blackstone, St. Paul Regional Water Services, spoke for the applicant. Councilmember Hjelle moved to adopt the following resolution approving a conditio permit for the St. Paul Regional Water Services proposed material- storage and crushing /recycling operation on the Sandy Lake site south of County Road B: CONDITIONAL USE PERMIT RESOLUTION 06-11-143 WHEREAS, the St. Paul Regional Water Services applied for a conditional use permit to use the Sandy Lake site as a storage and construction- materials recycling site. WHEREAS, Section 44-1092(1) of the city code of ordinances requires a conditional use permit for any public utility, public service or public building use. WHEREAS, this permit applies to the property located on the south side of County Road B East on the led on the need to explore the possible r the protection of this investigation, and City Council Meeting 11-27-06 16 vv8St side of |Dte[St8t8 35E. The heO8| d8SC[DUOD is: Parcel #18-29-22-12-0010: South 14O'Cf North 27O'ofE442' 68/100'. North13U'of SVV subject to County Road Bpart ofNVV/4DfyJE SECTION 1R. TOWN 39. RANGE 22. Parcel #1R-2 : Subject tnAvenue; South 15'nf East 32[yofWest 1780'nfNVV Hu. Part in James 1 Addition part nf said NVVy4, S.E.LYOfVKVKR/VVin SECTION 18, TOWN 2S.RANGE 22. Parcel #18-29-22-24-0001: SECTION 18. TOWN 29. RANGE across N2/8DfSVV 1 /4. 185'VV.VK R/VVacross S 1 /4CfNVV1 /4. 180'VV.VK R/VVacross Y2ofNVV 18, TOWN 29, RANGE 22. Parcel #18-29-22-12-0009: SECTION 18, TOWN 28, RANGE 22. 1 8Cn]Ss NVV 1 /4 Cf SECTION 18 T[]VVN 28, RANGE 22. WHEREAS, the history of this conditional use permit is as follows: On November 6, 2006, the planning commission held a public hearing and recommended approval of this eSt The itV staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission 8Cn8nce to speak and present written statements. The planning commission considered the recommendation of the city staff. 2. On November 27 2000 the i recommendations of the planning commission and those of city staff. NOW, THEREFORE, BE IT RESOLVED th8t the city council the above-described conditional use permit, because: The use would be located, designed, maintained, constructed and operated U]beinconformity with the C]tv's Co[no[Rhensiv8 Plan and Code [fOrdinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not d values. 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 5. The use would generate only rniOinlG| vehicular traffic on koC8| streets and vvOu|d not create traffic congestion 0r unsafe access on existing Or proposed streets. 8. The use would be served by adequate public facilities and services, including streets, police and fire pn3tRCti0D. dn3iO8gg structures, water and sewer systems, SchOO|S and parks. 7. The use would not create excessive additional costs for public facilities 0rservices. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. S. The use would cause minimal adverse environmental effects. City Council Meeting 11-27-06 17 Approval iS subject tO the following conditions: 1 The applicant shall comply with the site plan date-stamped October 8,2OO8. All construction shall follow that approved site plan. The director Cf community development may approve minor changes. 2. The construction Vf the bins and paving Cf the driveway apron must b8 substantially started within two years of council approval Vr the permit shall become null and void. 3. The i i| shall review this i in If the |i started this project by that time, the city council may renew this permit. Th- - rr '--n- -- -- — ------'-- r —n — the approval Regions Watershed District showing how they will prevent any erosion and sediment from leaving the site. This plan shall also include the restoration of the rip-rapped areas of the slope down to the pond and detail the construction of a paved driveway apron from County Road B back 50 feet into the site along both branches of the driveway. The annual materials-crushing operation _shall evaluate whether there were any problems or nuisances caused by this activity, The city council may prohibit any subsequent hi complaints occur. The crushing operation shall be limited to Monday through Friday 8 a.m. to 5 p.m. 6. The applicant must keep the site watered to control the dust. 7 AJ|SPRVVS vehicles shall enter and leave the site, via the from Rice Street. 8. If there are complaints concerning the hauling or crushing complaining shall attempt to resolve the problems via Dis Seconded by Councilmember Cave Ayes-All B driveway, to the west rations, the applicant and those I ed by Mayor Longrie Ayes-All Conditional Use Permit Review - Midwest Grounds Maintenance (1949 Atlantic Street) a. Planner Finwall presented the report. b. The applicant and property owner Farid Atiyeh was present for council questions. Councilmember Juenemann moved to approve the conditional use permits for Midwest C Maintenance Comr)anv (1949 Atlantic Street) and review aaain in November of 2008 to E Seconded by COuOCi|D)8[nbR[R0SSb8Ch Ayes-All M. ADJOURNMENT Mayor Longrie moved to adjourn at 11:30 p.m. 9 City Council Meeting 11-27-06 18 MINUTES MAPLEWOOD CITY COUNCIL 5:00 P.M. Thursday, November 30, 2006 Continuation of the November 27, 2006 Meeting Council Chambers, City Hall Continuation of Meeting No. 06-30 4 M 119X91 V A meeting of the City Council was held in the Council Chambe 5:00 P.M. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember UNFINISHED BUSINESS (from 11-27-06 Council interviewed the remaining two app Commission in the followina order: Joh in L. NEW BUSINESS 3. Woodlands a. City City I Agenda Item E5 11, and was called to order at for the Environmental and Natural Resources Revisions to the Public Street Entrance at Ahl presented the report. Councilmember Hjelle moved to approve the reconstruction of the public street, Sophia Str r)er the plan to provide snow storacie. The developer provide an as-built survey between t trail that was constructed and the private drive to the east so staff can determine the feasit of completing the trail connection. 4. CarMax/Mogren Area Improvements, City Project 06-17, Resolution Receiving Preliminary Report and Calling Public Hearing for December 18, 2006 a. Public Works Director AM presented the report. Councilmember Hjelle moved to adopt the following resolution accepting the feasibility study including a traffic impact analysis and calling for a public hearing for December 18, 2006 at 7:00 p.m. for the CarMax/Mogren Addition, City Proiect 06-14: 11-30-06 City Council Meeting (continuation of 11-27-06 meeting) nd@keE RESOLUTION 0@1-144 - ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to reso of the council adopted June 12th, 2006, a report has been prepared by the K]nn|ey - N0[n and /\SS0Ci8tSS, Inc. under the city engineer's di[8Ct0D with reference to the improvement Of the C8rM8x/K80gr8n Addition Improvements, City Project O0-1Y,8ndLhiGr8portvv8s received bythe council on November 2Y.2000.and VVHEREAS, the report provides informat regarding whether the d project is necessary, cost-8fhe{tive. and feasible, 01 INNI. Wei a AT FA a 1 . The council will consider the improvement of such street in accordance with the report and the assessment 0f 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 $4,416,000. 2. A public hearing shall be held Un such December, 2O00iD the council chambers Of city hall 8 published notice 0f such hearing and improvement GS Seconded by Councilmember Cave 0 8vv n8nt[mthe 18 day of e clerk shall aive mailed and 5. 1 Project Survey Mayor Longrie moved to table this item to the December 18, 2006 City Council meeting. Seconded by Councilmember Hjelle Ayes-All 8. Proposed Policy Amendment to Section Seven Uf the Rules Vf Procedure for City Council and CUv Meetinqs we Seconded by Councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave and Rossbach Juenemann Mayor Longrie moved to appoint the following candidates to the Environmental and Natural Resources Commission: m James Beardsley Margaret Behrens Carole Lynne John Mason Tom K80ibi Carol Sherrill m GinnyYing|inQ 11-30-U0 City Council Meeting (continuation Vf11-27-U0meeting) 2 Seconded by Councilmember Cave Agenda Item E5 Ayes-Mayor Longne, Councilmembers Cave, Hjelle and Juenemann Nay - Councilmember Rossbach M. COUNCIL PRESENTATIONS 1. Garbage Collection Councilmember Cave requested Environmental Manager Konewko evaluate the progress of the City of Oakdale's garbage collection (who conducted a year long study) to help determine the pros and cons of using one garbage collector throughout the city. 2. 2006 Election Councilmember Juenemann thanked the City Clerk staff, Election Judges and all contributing city departments for all of their hard work during the 2006 election cycle. 3. Electric Franchise Tax Councilmember Rossbach moved to direct staff to cease efforts to implement the increase in the Electric Franchise Tax. Motion died for lack of a second. Councilmember Rossbach moved to set aside the rules of order to consider motion. Motion died for lack of a second. This item will be included on the December 11, 2006 City Council agenda. N. ADMINISTRATIVE PRESENTATIONS Kir%nn A* 5:35 p. 11-30-06 City Council Meeting (continuation of 11-27-06 meeting) Agenda Item G1 TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Planning Commission Resignation DATE: November 21.2OU8 Jim K8Czn]vvski has resigned from the planning DVrnrnisSiVn. | have attached his e-mail message with his resignation and a resolution of appreciation for him. COMMISSION ACTION n November 20.2000, the planning commission recommended approval [f the attached ne9o|UU0n. Approve the resolution 0f appreciation on page three for Jim KoSznovv3ki kr/p:p|anning oommi .mem Attachments: 1. Jim Kacznowsk E-mail Notice ofResignation 2. Jim Kacznowski Resolution ofAppreciation Page 1 of Attachment 1 Ken Roberts From: Kaczrowski, James Robert Ukaczrowski1 @paychex_com] Sent: Wednesday, November 08, 20061:03 PM To: Ken Roberts Subject: Planning Commission Ken, I want to resign from the planning commission effective 11 -8-06. 1 feel that I am currently unable to give it the time that it deserves. I appreciate the opportunity to serve on this board and have really enjoyed this opportunity. Thank you for everything and best of luck in the future. Thanks, Jim Kaczrowski Jim Kaczrowski Health & Benefits 651 - 365 -5460 Ext. 50441 ikaczro rt paychex.com The information contained in this message may be privileged, confidential, and protected from disclosure. If the reader of this message is not the intended recipient, or any employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. Paychex, Inc. 2 11/8/2006 2 Attachment 2 JOINT RESOL UTION OF APPRECIA TION WHEREAS, Jim Kaezrowski has been a member of the Maplewood Planning Commission since April II, 2005, and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW THEREFORE, IT IS HEREBY RESOLVED for and on beha f of the City of Maplewood, Minnesota, and its citizens, that Tim Kaczrowski is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish hire continued success in the fiaure. Passed by the Maplewood City Council on Diana Longrie, Mayor Passed by the Maplewood Planning Commission on Lorraine Fischer, Chairperson Attest: Karen Guilfoile, City Clerk 3 3 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 20, 2006 1. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. 11. ROLL CALL Vice-Chairperson Tushar Desai Commissioner Mary Dierich Chairperson Lorraine Fischer Commissioner Michael Grover Commissioner Harland Hess Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Jeremy Yarwood Present Present Present Present Present Present Present Present at 7:06 p.m. Staff Present: Dave Fisher, Interim Community Development Director, Building Official Erin Laberee, Assistant City Engineer Ken Roberts, Planner Lisa Kroll, Recording Secretary V1. NEW BUSINESS a. Resolution of Appreciation — Jim Kaczrowski Mr. Roberts reported that Jim Kaczrowski resigned from the planning commission and that staff is recommending adoption of the Resolution of Appreciation for his service on the planning commission. Commissioner Trippler moved to approve the Resolution of Appreciation for Jim Kaczrowski. Commissioner Desai seconded. Ayes — Desai, Dierich, Fischer, Grover, Hess, Pearson, Trippler, Yarwood This item goes to the city council on December 11, 2006. Eagle Scout Project Maplewood Nature Center Steve Dobihal from Boy Scout Troop 461- erected 12 posts along the main trail loop at the Maplewood Nature Center. These posts mark 12 interpretive points along the self-guiding nature trail. The post dimensions are 6" by 6", each slanted top has a vinyl sticker with a symbol that corresponds to the trail map and kiosk. Each post is covered with a piece of lexan to protect against vandalism. Steve's work helped us complete a long standing goal of having a self-guiding trail at the nature center. The project was completed by help from his troop and other community volunteers on Saturday October 21, 2006. AGENDA NO. H1 FA91:4 LI I BY- 10610111 TO: City Manager FROM: Finance Director 1 Another public hearing on the proposed property taxes and budget for 2007 has been scheduled for December 11 at 7:00 p.m. in the Council Chambers. State law requires that the final property tax levy and budget be adopted at this public hearing. The tax levy needs to be adopted before the budget is adopted. The first resolution attached will levy property taxes payable in 2007. The amounts listed in the resolution will increase the tax levy by 8.7%. The second resolution attached will adopt the 2007 Budget. P:\WORD\AGN\07BudgetAdoptionHearing.doc I RESOLUTION CERTIFYING TAXES PAYABLE IN 2007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes be levied for 2006, payable in 2007, upon the net tax capacity in said City of Maplewood, for the following purposes: Operations 12,190,250 Debt Services 2,437,800 TOTAL LEVY 14,628,050 2. In addition, there is a $703,000 market value based referendum levy for 2006 payable in 2007 to finance the debt service on the 2002 Open Space Refunding Bonds and the 2000 Fire Safety Bonds. 3. The next tax capacity based levy of $2,437,800 for Debt Service and the market value based referendum levy of $703,000 total $3,140,800. This is a net decrease of $921,072.79 in the scheduled Levy of $4,061,872.79. The breakdown by Debt Service Fund is attached as Exhibit A. PARNANCEMORMAGMAdoptBud 07.doc Exhibit TOTALS 4,061,872.79 3,140,800.00 05-Dec-06 p:\ExoeuBuowmuxDEBTeERvCcTAxLEvY SCHEDULED ADOPTED INCREASE LEVY LEVY 334 CD.REFUNDING BONDS -1Q08B 116.327D0 133.07080 18.743.00 335 CD.IMPROVEMENT BONDS -10QQA 57.086.00 60.600.00 11.614.00 337 G.O.FIRE SAFETY BONDS '2000A 314,428.00 317.400.00 2.072.00 338 G.O.EQUIPMENT CERTIFICATES '20O1A 0.00 0.880.00 0.880.00 330 GD.IMPROVEMENT BONDS -20O1B 175.744.40 174.600.00 1.144.40) 340 GD.IMPROVEMENT REFUNDING BONDS -2O01C 32.760.00 32.760.00) 341 GD.IMPROVEMENT BONDS '20O2A 245.201.00 209.900.00 24.689.00 342 GD.IMPROVEMENT REFUNDING BONDS -2O02B 518.714.00 520.000.00 7.286.00 343 GD.TAX INCREMENT REFUNDING BONDS -2OO2C 629.331.00 338.90080 280.431.00) 344 GD.OPEN SPACE REFUNDING BONDS -2OO2D 406.941.00 385.60080 21.341.00) 345 G.O.IMPROVEMENT BONDS -2003A 103.515.00 105.100.00 1.585.00 347 G.O.REFUNDING BONDS -2O04A 10.647.08 10.847.08) 348 GD.IMPROVEMENT BONDS -20O4B 318 318.027.45) 340 GD.TAX ABATEMENT BONDS -2OO4C 208 185.270.00 23.517.00) 350 G.O.CAPITAL IMPROVEMENT PLAN BONDS '2O04[53.90500 50.800.00 3.105.00) 352 G.O.TAX INCREMENT REFUNDING BONDS '2O04F 100.878.85 188.700.00 27.820.05 353 CD.IMPROVEMENT BONDS -20U5A 57.043.00 57.043.00) 354 CD.IMPROVEMENT BONDS -20U8A 450.226.43 267.59080 182.636.43) 355 G.O.EQUIPMENT CERTIFICATES '2000B 135.408.88 00.300.00 75.018.88) TOTALS 4,061,872.79 3,140,800.00 05-Dec-06 p:\ExoeuBuowmuxDEBTeERvCcTAxLEvY TO: City Manager FROM: Finance Director M INTRODUCTION It is proposed that ambulance rates be increased effective January 1, 2007 to provide the anticipated revenue in the 2007 Budget. Ambulance rates have been increased annually over the past several years. Prior to 2006, rate increases had been based upon the average charged by other providers. The attached table lists the 2006 rates charged by other providers in the area. During preparation of the 2006 Budget, it was decided to eliminate the $378,760 property tax subsidy for ambulance services. This resulted in rate increases between 7%-16%. The Medicare law that became effective April 1, 2002 has caused our collection rate to drop from 85% in 2000 to 63% in 2003. Medicare requires all ambulance providers to accept assignment. This law change prohibits the city from collecting the balance of the bill from the patient. The 2006 Medicare allowed rates for the city are: Basic life support 302.28 Advanced life support 1 358.95 Advanced life support 2 519.54 Charge per mile 6.05 When the runs were analyzed in 2003, approximately 43% of our ambulance bills were for people covered by Medicare. Operating expenses for 2007 are projected to be $2,097,840 which is $333,430 and 18.9% higher than the 2006 budget. This includes the addition of one full-time Fire Fighter/Paramedic and the reclassification of the Paramedic Coordinator as an EMS Director. When the fund was established in 2005, it started out with a negative cash balance due to the fact that the receivables were moved to the new fund but the offsetting revenues were not. Because of this, the working capital deficit in the fund at the end of 2005 was $407,475. If we were to begin amortizing this deficit over 5 years, an additional $78,490 would need to be added to the 2007 revenues to accomplish this. The additional $78,490 would cause the rate increase to be 28% which in turn will cause our collection rate to drop even more. Deferring this deficit to future years is recommended with the hope that the push for a change in the Medicare laws will see some results and bring in additional revenues. To cover the expenses in the proposed 2007 budget, the rate changes would be as follows: AMBULANCE RATE INCREASES Increase 2006 2007 Amount Percent Non - transport 335.00 410.00 75.00 22.4% Basic life support 895.00 1,100.00 205.00 22.9 Advanced life support 1 1,170.00 1,440.00 270.00 23.1 Advanced life support 2 1,295.00 1,590.00 295.00 22.8 Charge per mile 14.10 17.30 3.20 22.7 RECOMMENDATION Adoption of the attached resolution is recommended to set the rates for 2007. CAMy Documents\AMBULANCE 2007.DOC 2 SURVEY OF AMBULANCE RATES PROV BASIC ALS1 2006 RATES NOW ALS2 TRANSPORT MILEAGE LF Ambulance kA\754.67 892.87 1 309.00 15.00 Cottage Grove EyW8 1.081.74 1 1,528.25 288.38 13.50 Hennepin County 925UO 008 88UU 330U0 1YUU Medical Center He8|thEast-St. John's 700.00 1.300.00 1 0 16.00 HSo|thE@st-St. JOS8ph's 859.00 1.200.00 1.238.80 415.00 18.50 Lakeview Hospital 1.234.50 1.234.58 1,583.05 48645 13.30 Oakdale, City of 800.00 1.000.00 1 75.00 15.00 St. Paul, City of 1.014.00 1 1,085.00 240.00 11.00 White Bear Lake 372.50 505.00 025D0 115.00 9.00 Woodbury 1.133.50 1.133.50 1.353.50 275.00 13.75 Average 88549 1,099.39 1,223.95 279.31 14.21 KU8pkevv0Od $885.00 $1.170.00 $1 $335.00 A) S8nxeS Apple Valley, Lakev and Farmington C:xwy000 m*nts\AMeULxwC*nOOr,oOC 3 RESOLUTION ADOPTING 2007 AMBULANCE RATES WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and WHEREAS, it is fair and reasonable to charge for services rendered based upon the distance a person is transported and by type of services provided; i.e., basic or advanced life support services as defined by Medicare. NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective January 1, 2007: Base rates: Non-transport (treatment administered) $ 410.00 Basic life support ambulance services $1,100.00 Advanced life support ambulance services 1 $1,440.00 Advanced life support ambulance services 2 $1,590.00 Rate per mile transported $ 17.30 BE IT FURTHER RESOLVED, that there shall be no charge when the patient has not been administered treatment and is not transported, when the patient is transported to the detoxification center, or when the patient is transported in a squad car. BE IT FURTHER RESOLVED, that if more than one person is transported, the ambulance charges will be pro-rated between the people transported. CAMy Documents\AMBULANCE 2007,DOC 4 RESOLUTION ADOPTING A BUDGET FOR 2407 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 2007 is hereby adopted as outlined in the following summary: Estimated Balances 01 -01 -07 Revenues Net other increases (decreases) Expenditures Estimated Balances 12 -31 -07 BE IT FURTHER RESOLVED that the department appropriations totaling $30,105,010 as listed in the budget booklet are hereby approved for the 2007 Operating Budget. BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed the appropriation provided that the net operating income before other revenues and expenses excluding depreciation for 2007 is not less than $46,090. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2007 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS FIRE TRUCK REPLACEMENT LEGACY VILLAGE TAX ABATEMENT DISTRICT OPEN SPACE PARK DEVELOPMENT REDEVELOPMENT TAX INCREMENT ECONOMIC DEV. DISTRICT #1 -5 TAX INCREMENT HOUSING DISTRICT #1 -1 TAX INCREMENT HOUSING DISTRICT #1 -2 TAX INCREMENT HOUSING DISTRICT #1 -3 TAX INCREMENT HOUSING DISTRICT #1 -4 TAX INCREMENT HOUSING DISTRICT #1 -5 TAX INCREMENT HOUSING DISTRICT #1 -6 TAX INCREMENT HOUSING DISTRICT #1 -7 TAX INCREMENT HOUSING DISTRICT #1 -8 WATER AVAILABILITY CHARGE - NO. ST. PAUL WATER AVAILABILITY CHARGE - ST. PAUL TOTAL CAPITAL IMPROVEMENTS BUDGET APPROPRIATIONS 90,040 20 120 230 500,640 920 26,430 430 430 440 30,490 25,290 60,310 19,920 66,020 140 970 822,840 PARNANCEMORMAGMAdoptBud 07 (2) CAPITAL DEBT OPERATING IMPROVEMENTS SERVICE BUDGET BUDGET BUDGET TOTAL 39,721,067 1,164,774 8,855,748 49,741,589 30,973,210 1,320,580 4,969,600 37,263,390 298,380)86,570)474,260 89,310 3 822,840)6,576, 290) 40,290,887 1,575,944 7,723,318 49,590,149 BE IT FURTHER RESOLVED that the department appropriations totaling $30,105,010 as listed in the budget booklet are hereby approved for the 2007 Operating Budget. BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed the appropriation provided that the net operating income before other revenues and expenses excluding depreciation for 2007 is not less than $46,090. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2007 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS FIRE TRUCK REPLACEMENT LEGACY VILLAGE TAX ABATEMENT DISTRICT OPEN SPACE PARK DEVELOPMENT REDEVELOPMENT TAX INCREMENT ECONOMIC DEV. DISTRICT #1 -5 TAX INCREMENT HOUSING DISTRICT #1 -1 TAX INCREMENT HOUSING DISTRICT #1 -2 TAX INCREMENT HOUSING DISTRICT #1 -3 TAX INCREMENT HOUSING DISTRICT #1 -4 TAX INCREMENT HOUSING DISTRICT #1 -5 TAX INCREMENT HOUSING DISTRICT #1 -6 TAX INCREMENT HOUSING DISTRICT #1 -7 TAX INCREMENT HOUSING DISTRICT #1 -8 WATER AVAILABILITY CHARGE - NO. ST. PAUL WATER AVAILABILITY CHARGE - ST. PAUL TOTAL CAPITAL IMPROVEMENTS BUDGET APPROPRIATIONS 90,040 20 120 230 500,640 920 26,430 430 430 440 30,490 25,290 60,310 19,920 66,020 140 970 822,840 PARNANCEMORMAGMAdoptBud 07 (2) BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each public improvement project when the Council orders the project and that the budget amounts shall be recorded at amounts specified in the feasibility study for the project. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2007 Debt Service Budget: 4,220,000 Principal 2,324,430 Interest 7,410 Paying Agent Fees 6,300 Fees for Service 12,240 Interest — Interfund loans 5,910 Investment Management 6,576,290 TOTAL DEBT SERVICE BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby adopted for financial reporting and management control. BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts, within a fund, shall only require the approval of the City Manager or his designee. However, City Council approval is required for transfers from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or canceled by the City Council. BE IT FURTHER RESOLVED that $171,000 of the fund balance in the General Fund is designated for contingencies. PARNANCEMORMAGWAdoptBud 07.doc AGENDA NO. 1 -1 AGENDA REPORT TO: City Council FROM: Finance Director r4 L 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: 406,776.06 Checks # 71410 thru # 71457 dated 11/21/06 thru 11/28/06 324,544.75 Disbursements via debits to checking account dated 11 /17 /06 thru 11/24/06 550,771.77 Checks # 71458 thru # 71532 dated 12/05/06 94,941.88 Disbursements via debits to checking account dated 11/27/06 thru 11/30/06 1,377,034.46 Total Accounts Payable PAYROLL 471,782.47 Payroll Checks and Direct Deposits dated 12/01/06 2,305.25 Payroll Deduction check # 1000615 thru # 1000616 dated 12/01/06 474,087.72 Total Payroll 1,851,122.18 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if ds attachments S: \CTY_CLRK\Agenda Lists and Reports 2006\Agenda Reports \12- 11 -06 \I1 Approval of Claims 11/27/2006 Check Date t 1410 71411 71412 71413 71414 71415 71416 71417 71418 71419 71420 71421 71422 71423 71424 71425 71426 71427 71428 71429 71430 71431 71432 71433 71434 71435 71436 71437 71438 71439 71440 71441 71442 71443 71444 71445 71446 71447 71448 71449 71450 71451 1112112006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 1112812006 Vendor 03758 00585 01337 01360 01360 01360 01360 01360 01360 01360 01360 01360 02410 01190 01190 01190 01190 03335 00159 00173 02908 00460 00354 01998 01998 03619 03619 00003 03576 00487 03516 00543 03783 03597 00687 00748 01894 01894 03729 03729 00942 00942 01090 01126 01961 01175 00001 00001 00001 03326 02270 02270 01941 01254 01254 01359 03215 03398 01574 01574 01995 Check Register City of Maplewood RANDY COOK GOPHER STATE ONE -CALL RAMSEY COUNTY -PROP REC & REV REINHART FOODSERVICE REINHART FOODSERVICE REINHART FOODSERVICE REINHART FOODSERVICE REINHART FOODSERVICE REINHART FOODSERVICE REINHART FOODSERVICE REINHART FOODSERVICE REINHART FOODSERVICE WELLS FARGO LEASING INC XCELENERGY XCELENERGY XCELENERGY XCELENERGY AMERICAN ENGINEERING PAUL BARTZ TIM BELDEN BRIGHT WINES.COM CRETEX CONCRETE PRODUCTS NORTH CUSTOM FIRE APPARATUS, INC. DOODY MECHANICAL SERVICE CO DOODY MECHANICAL SERVICE CO DRAIN KING INC DRAIN KING INC ESCROW REFUND EUREKA RECYCLING F.M. FRATTALONE EXC INC ANTHONY GABRIEL GE CAPITAL HD SUPPLY WATERWORKS, LTD MARY JO HOFMEISTER HUGO'S TREE CARE INC CAROLJAGOE KELLY & FAW CETT PA KELLY & FAW CETT PA KNAAK & KANTRUD PA KNAAK & KANTRUD PA MARSDEN BLDG MAINTENANCE CO MARSDEN BLDG MAINTENANCE CO MIRACLE RECREATION EQUIPMENT MN NCPERS LIFE INSURANCE NEXTEL COMMUNICATIONS CITY OF NORTH ST PAUL ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR DBA ORTIVUS NORTH AMERICA ORTIVUS INC PALDA & SONS INC PALDA & SONS INC PATRICK GRAPHICS & TROPHIES PEPSI -COLA COMPANY PEPSI -COLA COMPANY REGAL AUTO WASH DETAIL XX SHAFER CONTRACTING CO INC SHAMROCK GROUP T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC TAC COURT SYSTEMS Description PROJ 05 -16 REIMB FOR DRIVEWAY NET BILLABLE TICKETS - OCT MULCH & NATIVE PLANTS MERCH FOR RESALE MERCH RETURNED MERCH RETURNED MERCH RETURNED MERCH RETURNED MERCH RETURNED MERCH RETURNED MERCH RETURNED MERCH RETURNED COPIER LEASE 11/09-12/09 GAS & ELECTRIC UTILITY GAS & ELECTRIC UTILITY GAS & ELECTRIC UTILITY GAS & ELECTRIC UTILITY PROJ 05 -16 TESTING SRVS REIMB FOR FUEL & MISC SUPPLIES PIANO TUNING MCC WINE TASTING EVENT VARIOUS SIZES OF CONCRETE PIPE - REPLACE SWITCH ON PUMP INSTALL HOT WATER PIPE SEALS INSTALL FLOW MAX FILTER PROJ 05 -16 LINE INSPECTION PROJ 05 -16 TELEVISE MAINLINE ESCR REL M DEVINE - 1055 CO RD C EAST RECYCLING - OCT PROJ 02 -07 PMT #13 - CO RD D REIMB FOR TUITION & BOOKS COPIER PMT PVC FLEX COUPLING REIMB FOR MILEAGE 10119 -1119 TREE REMOVAL REIMB FOR MILEAGE 11116 WITHDRAWAL OF CITY BOXES FROM STORAGE PULL BOXES FROM STORAGE LEGAL SERVICES - OCT PROSECUTION SERVICES - OCT CLEAN SEWER BACKUP CLEAN SEWER BACKUP CANOPY PERA LIFE INS - NOV CELL PHONE 1119 -1218 MONTHLY UTILITIES REIMB J JACKSON- PR #5 -16 DRIVEWAY REFUND M NELSON - MEMBERSHIP REFUND J MUELLER BCBS MEMBERSHIP ASCII IMPORT & EMS SOFTWARE SUPPORT PROJ 05 -17 GERVAIS AVE PMT #2 PROJ 02 -08 CTY RD D IMPRV PMT #8 VOLLEYBALL TROPHIES & MEDALS MERCH FOR RESALE MERCH FOR RESALE CAR WASHES - OCT PR 02 -07 CTY RD DIHAZELWOOD PMT #18 MERCH FOR RESALE VARIOUS BITUMINOUS MATERIAL ASPHALT REPLACE DOOR HANDLE UNIT Amount 489.00 792.30 87.33 442.47 13.24 15.46 17.41 19.54 20.98 26.88 32.00 72.29 1,467.57 20,154.84 11,089.87 2,933.22 2,903.92 1,432.10 44.77 60.00 500.00 6,665.28 80.00 33,445.00 695.00 49.00 49.00 500.00 19,495.44 67,917.40 543.90 43.67 138.62 13.57 319.50 12.91 1,151.79 38.50 8,250.00 8,250.00 1,091.40 513.60 410.86 316.00 36.01 2,743.41 1,473.00 133.14 40.00 915.90 162,621.87 9,682.75 1,716.35 579.45 281.15 46.80 26,805.79 108.20 659.93 393.83 346.00 0a Check Register City of Maplewood 11/27/2006 Check Date Vendor Description Amount 71452 1112812006 01580 TSE, INC.JANITORIAL SRV 9117 -10114 990.00 71453 1112812006 03465 NANCY EVAN KAMPEN TODDLER PROGRAM INSTRUCTOR 848.00 71454 1112812006 01717 VIKING AUTOMATIC SPRINKLER CO.REPLACE SPRINKLER HEADS 3,225.00 71455 1112812006 01750 THE WATSON CO INC MERCH FOR RESALE 328.00 71456 1112812006 01754 WEBER & TROSETH INC.FIRE EXTINGUISHERS RECHARGED 516.45 71457 1112812006 02243 WINDSOR COMPANIES INC BLOWOUT IRRIGATION SYS 115.00 48 Checks in this report. 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 11/16/06 11/17/06 11/14/06 11/16/06 11/17/06 11/17/06 11/17/06 11/20/06 11/20/06 11/17/06 11/17/06 11/17/06 11/17/06 11/17/06 11/21/06 11/17/06 11/21/06 11/14/06 11122/06 11/17/06 11/17/06 11/17/06 11/17/06 11/17/06 11/20/06 11/20/06 11/20/06 11/20/06 11/21/06 11/21/06 11/21/06 11/21/06 11/21/06 11/21/06 11/22/06 11/22/06 11/22/06 11/22/06 11/24/06 11/24/06 MN State Treasurer ICMA (Vantagepointe) MN Dept of Revenue MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer Labor Unions MidAmerica - ING Federal Reserve Bank ICMA (Vantagepointe) MN State Treasurer WI Dept of Revenue Pitney Bowes MN Dept of Revenue MN State Treasurer ARC Administration TOTAL Description Drivers License /Deputy Registrar Deferred Compensation Sales Tax DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License/Deputy Registrar State Payroll Tax Union Dues HRA Flex plan Savings Bonds RHS Plan Drivers License /Deputy Registrar State Payroll Tax Postage Fuel Tax Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 12,106.46 5,459.37 8,610.00 119.50 9,041.93 91,351.24 60,699.78 24, 053.62 18, 088.34 17, 977.26 3,152.05 2,787.17 50.00 42, 515.70 8,390.25 2,017.07 2,985.00 222.00 13,282.70 1,635.31 324, 544.75 Check Date 71458 71459 71460 71461 71462 71463 71464 71465 71466 71467 71468 71469 71470 71471 71472 71473 71474 71475 71476 71477 71478 71479 71480 71481 71482 71483 71484 71485 71486 71487 71488 71489 71490 71491 71492 71493 71494 71495 71496 71497 71498 71499 71500 71501 71502 71503 71504 71505 71506 71507 71508 71509 71510 71511 71512 71513 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 090' 01819 01190 i 03780 01830 00090 0 0 0 02914 02929 00309 00 0 00589 06 0 Iii' 008 0: 09 010 01085 i 03789 001 00001 0001 00001 000 00001 00001 00001 001 00001 0001 00001 000 00001 00001 00001 001 00001 0001 00001 000 00001 00001 00001 001 00001 00001 Check Register City of Maplewood MRPA MCLEOD USA MINNEAPOLIS FINANCE DEPT XCELENERGY YOCUM OIL CO. ACCURATE RADAR SPECIALTIES ALPHA VIDEO & AUDIO INC AMERICAN RED CROSS ANIMAL CONTROL SERVICES INC ANIMAL EMERGENCY CLINIC STAN BELDE BETHEL & ASSOCIATES, PA BLUECROSS BLUESHIELD OF MN CNAGLAC COMMISSIONER OF TRANSPORTATION DE LAGE LANDEN FINANCIAL SRVS BEA FOIX DAVE GRAF MILES HAMRE STEVEN HIEBERT IDEACOM MID- AMERICA IDEACOM MID - AMERICA INSPEC LMCIT METLIFE SBC METROPOLITAN COUNCIL MN CHIEFS OF POLICE ASSN MN LIFE INSURANCE NORTHDALE CONSTRUCTION CO, INC MICHAEL NYE ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR Description ANNUAL GENERAL MEETING LOCAL PHONE SERVICE 10116 - 11115 AUTOMATED PAWN SYSTEM FEE - OCT GAS UTILITY CHARGE UL GAS 89 OCTANE 10% ETH ANNUAL RADAR CERT 09105 & 11105 PANASONIC PRO DIGITAL A/V MIXER BABYSITTER "S CLASS SUPPLIES PATROL & BOARDING FEES 1116 - 11/15 CANINE EMERGENCY VISIT K -9 MAINTENANCE - DEC HR SERVICES 11115 - 11128 MONTHLY PREMIUM - DEC LONG TERM CARE INSURANCE - DEC TRAINING - MN/DOT ESSENTIAL SKILLS RICOH COPIER MAINT - DEC HOLIDAY WREATHS KARATE INSTRUCTOR 11 /7 - 11/28 REIMB MILEAGE 11111 - 11124 K -9 MAINTENANCE - DEC REPAIR/EXCHANGE PHONE REPAIR/EXCHANGE PHONE MCC LEAK INVESTIGATION WORK COMP PREMIUM AUDIT 7105 - MONTHLY DENTAL PREMIUM - DEC WASTEWATER - DEC CLEO & COMMAND ACADEMY MONTHLY PREMIUM - DEC PROJ 06 -10 COTTAGEWOOD PMT #1 REIMB FOR PDA PURCHASE CHAD HERMANSON POLICE RESERVE JOE TSCHIDA POLICE RESERVE DAVID WINGATE POLICE RESERVE BRANDON KING POLICE RESERVE DAN MARTIN POLICE RESERVE DICK HANSON POLICE RESERVE DAN BERTHIAUME POLICE RESERVE KEN MAUSTON POLICE RESERVE JON MCKENZIE POLICE RESERVE NICK CARDINAL POLICE RESERVE KATIE RUESINK POLICE RESERVE ANGIE HANSEN POLICE RESERVE JUSTIN BOUGHTON POLICE RESERVE MIKE TRESLER POLICE RESERVE CHRIS PASIUK POLICE RESERVE ROCKY VANDAL POLICE RESERVE BRIANNAARNZEN POLICE RESERVE MIKE JONES POLICE RESERVE JASON SAGSTETTER POLICE RESERVE JENELLE SWEENEY POLICE RESERVE REFUND B BOYCE - ROOM RENTAL NICHOLE GOETZKE POLICE RESERVE CHARLIE NELSON POLICE RESERVE JOE RYAN POLICE RESERVE KARMA KUMLIN -DIERS POLICE REFUND V OLSON- MEMBERSHIP JEANNIE SEIDEL POLICE RESERVE Amount 30.00 2,108.66 436.00 6,668.88 16,363.66 996.94 5,952.29 236.40 1,108.05 97.00 35.00 6,521.00 139,139.50 629.78 825.00 161.88 220.00 159.25 5.87 35.00 150.96 150.96 3,000.00 38,774.00 9,143.67 199,212.84 415.00 3,938.35 70,488.30 240.00 804.75 735.00 471.00 463.50 390.25 336.25 315.50 300.50 298.25 294.50 243.75 227.00 223.75 198.75 146.75 145.50 133.25 130.00 126.50 100.25 100.00 94.75 85.25 85.00 71.50 61.00 55.00 Wl Check Register City of Maplewood Check Date 71514 71515 71516 71517 71518 71519 71520 71521 71522 71523 71524 71525 71526 71527 71528 71529 71530 71531 71532 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 12/0512006 1210512006 1210512006 12/05/2006 1210512006 1210512006 1210512006 12/05/2006 Vendor 00001 00001 03201 03790 01387 03788 01409 01418 01418 01418 01418 01418 01418 01418 01418 01418 01430 01497 01497 00198 03792 01574 03743 00529 00529 01734 01750 01754 03791 ONE TIME VENDOR ONE TIME VENDOR JOHN OPHEIM PROVIDENCE HOMES DR. JAMES ROSSINI HARRIET RYDEL S.E.H. SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SCHROEDER MILK COMPANY, INC. SPRINGSTED INC SPRINGSTED INC ST PAUL REGIONAL WATER SRVS KEN STEFFENSON T.A. SCHIFSKY & SONS, INC TRAFFIC & PARKING CONTROL INC UNION SECURITY INSURANCE CO UNION SECURITY INSURANCE CO WILLIAM P. WALSH THE WATSON CO INC WEBER & TROSETH INC. DAVE PAXSON WORLD POPULATION Description DAN RICE POLICE RESERVE REFUND P KOUBA - MEMBERSHIP REIMB FOR VEH & MISC SUPPLIES ESCROW RELEASE - 2198 MCMENEMY FITNESS PROGRAM ADMIN FEE - NOV REIMB FOR USPS & SUPPLIES PROJ 04 -05 NPDES PHASE 11 - OCT MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE BIRTHDAY PROGRAM SUPPLIES BIRTHDAY PROGRAM SUPPLIES BIRTHDAY PROGRAM SUPPLIES BIRTHDAY PROGRAM SUPPLIES MERCH FOR RESALE BIRTHDAY PROGRAM SUPPLIES TIF PAYMENT REBATE CALCULATIONS 2004E REBATE CALCULATIONS 2004D WATER UTILITY MUSICIAN FOR HALLOWEEN EVENT RIVER ROCK SPEED DISPLAY SIGN MONTHLY LTD PREMIUM - DEC STD PLAN 4043120 -0 -1 1 DEC COMMERCIAL PLUMBING INSPECTIONS MERCH FOR RESALE FIRE EXTINGUISHERS RECHARGED SPEAKING HONORARIUM 11114 Amount 52.50 50.00 328.63 2,517.19 100.00 50.03 183.75 203.02 131.95 74.77 71.56 56.61 37.74 33.82 30.05 18.87 12,954.74 1,700.00 1,700.00 997.67 150.00 222.99 4,526.25 2,960.39 1,630.28 5,734.48 204.74 118.00 50.00 75 Checks in this report. aoU, r r 1.1 1 A CITY OFMAPLBW00D Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 11C24/06 11/27806 K8N Dept of Natural Resources 11/27/08 11/28/06 K4N State Treasurer 11/2008 11/2906 MN State Treasurer 11/24/00 11/28/06 US Bank VISA One Card* 11/20/00 11/30/06 MN State Treasurer ONR electronic licenses 585.50 Drivers License/Deputy Registrar 11.329.75 Drivers License/Deputy Registrar 17.871.21 Purchasing card items 53.388.78 Drivers License/Deputy Registrar 11.750.63 Detailed listing uf VISA purchases iaattached. Visa Transactions 11 -11 to 11 -24 -06 Trans Date 11/18/06 11/09/06 11/13/06 11/16/06 11/09/06 11/10/06 11/11/06 11/12/06 11/14/06 11/14/06 11/15/06 11/14/06 11/14/06 11/15/06 11/16/06 11/20/06 11/21/06 11/21/06 11/22/06 11/10/06 11/10/06 11/13/06 11/13/06 11/13/06 11/14/06 11/14/06 11/15/06 11/16/06 11/16/06 11/16/06 11/19/06 11/20/06 11/21/06 11/11/06 11/14/06 11/23/06 11/13/06 11/14/06 11/14/06 11/17/06 11/20/06 11/20/06 11/23/06 11/15/06 11/18/06 11/20/06 11/21/06 11/22/06 11/21/06 11/12/06 11/10/06 11/13/06 11/13/06 11/14/06 11/15/06 Posting Date Merchant Name 11/20/06 FCC *FRANKLIN COVEY CLG 11/13/06 SPRINT PCS- 996 -SP IVR 11115/06 LEEANN CHIN INC #17 11/17/06 BROWNELLS INC 11/13/06 THEATRE HOUSE 11/13/06 WAL MART 11/13/06 TARGET 00011858 11/14/06 MICHAELS #2744 11/15/06 TCT *M &N INTERNATIONAL 11116/06 PAPERMART 11/17/06 MILLS FLEET FARM #27 11/15/06 GRAFIX SHOPPE 11/15/06 GRAFIX SHOPPE 11/20/06 CENTURY COLLEGE -BO 11/20/06 SHRED -IT 11/22/06 UNIFORMS UNLIMITED INC 11/22/06 GRAFIX SHOPPE 11/22/06 ARDEN SHOREVIEW AN HOSPT 11124/06 DON' PAINT & BODY SHOP 11/13/06 CYBEX - 01 11/13/06 GOPHER BEARING COMPANY 11/14/06 TRI -DIM FILTER CORP 11/14/06 CUMMINS NPOWER, LLC #100 11/14/06 IN THE SWIM - CATALOG 11/16/06 THERMO -DYNE INC 11116/06 MINNESOTA ELEVATOR INC 11/16/06 HUNT ELECTRIC CORPORATION 11/17/06 ROTO- ROOTER SVRCS10048 11/17/06 HENRIKSEN ACE HARDWARE 11/17/06 ALL MAIN STREET ELECTRIC 11/20/06 SPRINT *WIRELESS SVCS 11/22/06 PRIORTIY COURIER 11/22/06 HARMON MINNEHA #245 11/13/06 APL *APPLE ONLINE STORE 11116/06 WWW.CIRCUITCITY.COM 11/24/06 APL *APPLE ONLINE STORE 11/14/06 FEDEX KINKO'S #0617 11/15/06 LITURGICAL PUB -GEN DEP 11/16/06 LUTSEN MOUNTAINS INC. 11/20/06 DEX EAST- LOCKBOX 11/21/06 FEDEX KINKO'S #0617 11122/06 GAS -N- SPLASH #3 11/24/06 WEDDINGPAGES INC 11/17/06 BLOOMINGTON SECURITY SOLU 11/20/06 PAYPAL INC 11/21/06 COMCAST CABLE COMM 11/24/06 HYDRO -FIT INC 11/24/06 GE CAPITAL 11/24/06 THE HOME DEPOT 2810 11/13/06 NAT'L EMERG.TRAINING CTR 11113/06 SERVICEMASTER PROF SVC 11/14/06 CERTIFIED LABORATORIES 11/15/06 WEBER & TROSETH INC 11/15/06 GOODIN COMPANY 11/17/06 THE HOME DEPOT 2810 Trans Amount Name 41.42 R CHARLES AHL 35.00 BRUCE K ANDERSON 95.07 BRUCE K ANDERSON 35.71 SCOTT ANDREWS 108.60 MANDY ANZALDI 5.00 MANDY ANZALDI 13.83 MANDY ANZALDI 2.23 MANDY ANZALDI 36.00 MANDY ANZALDI 39.88 MANDY ANZALDI 4.24 MANDY ANZALDI 106.50 JOHN BANICK 360.00 JOHN BANICK 50.00 JOHN BANICK 139.86 JOHN BANICK 381.64 JOHN BANICK 159.75 JOHN BANICK 219.20 JOHN BANICK 1,212.32 JOHN BANICK 35.14 JIM BEHAN 151.11 JIM BEHAN 1,038.34 JIM BEHAN 270.50 JIM BEHAN 207.90 JIM BEHAN 1,244.00 JIM BEHAN 1,060.68 JIM BEHAN 1,567.76 JIM BEHAN 542.00 JIM BEHAN 67.31 JIM BEHAN 547.00 JIM BEHAN 44.49 JIM BEHAN 11.05 JIM BEHAN 279.60 JIM BEHAN 175.94 CHAD BERGO 266.24 CHAD BERGO 155.49 CHAD BERGO 9.57 HEIDI CAREY 625.00 HEIDI CAREY 441.75 HEIDI CAREY 76.04 HEIDI CAREY 104.37 HEIDI CAREY 37.01 HEIDI CAREY 600.00 HEIDI CAREY 75.35 LINDA CROSSON 59.95 LINDA CROSSON 69.41 LINDA CROSSON 721.00 LINDA CROSSON 158.69 LINDA CROSSON 2.95 CHARLES DEAVER 93.00 ROBERT J DOLLERSCHELL 1,124.64 LARRY FARR 346.25 LARRY FARR 1,702.50 LARRY FARR 310.31 LARRY FARR 12.72}LARRY FARR Visa Transactions 11 -11 to 11 -24 -06 Trans Date Posting Date Merchant Name Trans Amount Name 11/16/06 11/17/06 DEY DISTRIBUTING, INC.10.91 LARRY FARR 11/16/06 11/17/06 LESCO SC 0530 95.42 LARRY FARR 11/16/06 11120/06 THE HOME DEPOT 2801 61.25 LARRY FARR 11/20/06 11/21/06 INTEREUM INC 374.88 LARRY FARR 11/20/06 11/22/06 EXPRESS MESSENGER SYSTEM 27.80 LARRY FARR 11/20/06 11/22/06 THE HOME DEPOT 2801 30.79 LARRY FARR 11/21/06 11/22/06 ASSET RECOVERY CORP 20.81 MYCHAL FOWLDS 11/21/06 11/22/06 AVENET LLC 1,320.00 MYCHAL FOWLDS 11/21/06 11/24/06 SPRINT PCS- 995 -SP WEB 122.52 MYCHAL FOWLDS 11/22/06 11124/06 DELL MARKETING L.P.3,946.77 MYCHAL FOWLDS 11/20/06 11/22/06 THE HOME DEPOT 2801 8.51 NICK FRANZEN 11/22/06 11/24/06 HP DIRECT- PUBLICSECTOR 2,747.70 NICK FRANZEN 11/23/06 11/24/06 SYX *TIGERDIRECT.COM 41.98 NICK FRANZEN 11/14/06 11/15/06 TARGET 00011858 85.19 PATRICIA FRY 11/15/06 11/16/06 PAKOR INC 412.39 PATRICIA FRY 11/21/06 11/22/06 S & T OFFICE PRODUCTS 45.05 PATRICIA FRY 11/22/06 11/24/06 OFFICE DEPOT #1090 15.33 PATRICIA FRY 11/22/06 11/24/06 OFFICE DEPOT #1090 12.45 PATRICIA FRY 11/21/06 11124/06 OFFICE DEPOT #1090 229.78 JEAN GLASS 11/22/06 11/24/06 OFFICE DEPOT #1090 30.10}JEAN GLASS 11/16/06 11/17/06 SPRINT AQUATICS 155.72 MIKE GRAF 11/16/06 11/20/06 WISCO INDUSTRIES INC 15.00 MIKE GRAF 11/17/06 11/20/06 SUPERIOR PRODUCTS 72.53 MIKE GRAF 11/21/06 11/24/06 ARAMARK REF SVS #6013-397.53 MIKE GRAF 11/14/06 11/16/06 PRAIRIE MOON NURSERY 1 39.62 JANET M GREW HAYMAN 11/17/06 11120/06 BLUE RIBBON BAIT & TACKLE 5.21 JANET M GREW HAYMAN 11/18/06 11/20/06 KOWALSKI'S WOODBURY 7.02 JANET M GREW HAYMAN 11/10/06 11/13/06 PROPERTYKEY.COM, INC.50.00 KAREN E GUILFOILE 11/14/06 11/15/06 VZW APO CCVISIONNO 48.83 KAREN E GUILFOILE 11/15/06 11/16/06 VZWRLSS *ETMKSMO3902101 372.74 KAREN E GUILFOILE 11/13/06 11/14/06 S & T OFFICE PRODUCTS 13.26 LORI HANSON 11/21/06 11/24/06 DATABAZAAR.COM 337.30 LORI HANSOM 11/22/06 11/24/06 OFFICE DEPOT #1090 127.47 LORI HANSOM 11/22/06 11/24/06 OFFICE DEPOT #1090 162.93 LORI HANSON 11/16/06 11117/06 MOGREN LANDSCAPE SUPPLY L 125.14 GARY HINNENKAMP 11/16/06 11/17/06 MOGREN LANDSCAPE SUPPLY L 26.63 GARY HINNENKAMP 11/10/06 11/15/06 AMERICAN RED CROSS 68.36 RON HORWATH 11/11/06 11/13/06 SPRINT *WIRELESS SVCS 47.79 ANN E HUTCHINSON 11/13/06 11/15/06 WEBER & TROSETH INC 8.00 ANN E HUTCHINSON 11/15/06 11/16/06 ADAMS PEST CONTROL 69.23 ANN E HUTCHINSON 11/21/06 11/24/06 RAINBOW FOODS 00088526 39.05 ANN E HUTCHINSON 11/16/06 11117/06 LAKE SUPERIOR COLLEGE 325.00 SCOTT JACOBSON 11/10/06 11/15/06 DALCO ENTERPRISES, INC 646.23 DAVID JAHN 11/12/06 11/13/06 TARGET 00011858 34.04 KEVIN JOHNSON 11/14/06 11/16/06 UNIFORMS UNLIMITED INC 46.86 TOM KALKA 11/14/06 11/16/06 WOLF CAMERA #1530 7.87 TOM KALKA 11/15/06 11/16/06 BATTERIES PLUS 25.05 TOM KALKA 11/15/06 11/17/06 CVS PHARMACY #1751 Q03 9.78 TOM KALKA 11/14/06 11/17/06 PARENTS AUTOMOTIVE AND 255.90 FLINT KARTS 11/16/06 11/17/06 TARGET 00011858 5.52 MARY B KOEHNEN 11/20/06 11121/06 FITNESS WHOLESALE INC 500.00 MARY B KOEHNEN 11/07/06 11/17/06 DALCO ENTERPRISES, INC 88.74 MICHAEL LIDBERG 11/13/06 11/17/06 DALCO ENTERPRISES, INC 195.73 MICHAEL LIDBERG 11/21/06 11/22/06 TARGET 00011858 184.31 ALISHA M LUKIN 11/21/06 11/22/06 WALGREEN 00016873 14.97 ALISHA M LUKIN Visa Transactions 11 -11 to 11 -24 -06 Trans Date Posting Date Merchant Name 11/21/06 11/22/06 HALF PRICE BOOKS #036 11/21/06 11/22/06 LAKESHORE LEARNING #41 11/21/06 11124/06 RAINBOW FOODS 00088617 11/21/06 11/24/06 DOLRTREE 3150 00031500 11/21/06 11/24/06 OFFICE MAX 00002204 11/22/06 11/24/06 FEDEX KINKO'S #0617 11/11/06 11/13/06 SPRINT *WIRELESS SVCS 11/15/06 11/16/06 DE LAGE LANDEN OP01 OF 01 11/15/06 11/16/06 VZW APO CCVISIONNO 11/20/06 11121/06 AMERICAN MESSAGING RECUR 11/21/06 11/24/06 A -1 LAUNDRY 11/15/06 11/16/06 VZW APO CCVISIONNO 11/15/06 11/16/06 VZW APO CCVISIONNO 11/22/06 11/24/06 UNITED RENTALS #D09 11/15/06 11/16/06 SPRINT *WIRELESS SVCS 11/21/06 11/22/06 UNITED RENTALS #D10 11/15/06 11/16/06 LISPS 2663650009 11/16/06 11/17/06 S & T OFFICE PRODUCTS 11/21/06 11124/06 RYCO SUPPLY COMPANY 11/20/06 11/21/06 OFFICE DEPOT #1090 11/15/06 11/17/06 THE HOME DEPOT 2801 11/14/06 11/15/06 U OF M CCE ON LINE 11/10/06 11/13/06 OFFICE DEPOT #1090 11/16/06 11/20/06 OFFICE DEPOT #1090 11/16/06 11/20/06 OFFICE DEPOT #1090 11/21/06 11124/06 OFFICE DEPOT #1090 11/20/06 11/21/06 OFFICE DEPOT #1090 11/14/06 11/16/06 LAMETTRY'S COLLISION 4 11/09/06 11/13/06 ROTECK COM LABELS 11/13/06 11/14/06 HENRIKSEN ACE HARDWARE 11/14/06 11/16/06 WOLF CAMERA #1530 11/16/06 11/17/06 HENRIKSEN ACE HARDWARE 11/16/06 11/17/06 CC MILITARY SURPLUS LL 11/17/06 11/20/06 WOLF CAMERA #1530 11/20/06 11121/06 ABACUS PLUS SERVICES INC 11/21/06 11/22/06 FITZCO INC 11/21/06 11/22/06 ABACUS PLUS SERVICES INC 11/22/06 11/24/06 NATIONAL CAMERA EXCHANGE 11/14/06 11/15/06 BOUND TREE MEDICAL LLC 11/14/06 11/16/06 S & W HEALTHCARE CORP 11/20/06 11/21/06 MENARDS 3059 11/09/06 11113/06 KATH AUTO PARTS NSP 11/10/06 11/13/06 PAM OIL INC 11/13/06 11/15/06 TOUSLEY FORD 127200039 11/15/06 11/17/06 BAUER BULT TRE33200023 11/15/06 11/17/06 BAUER BULT TRE33200023 11/16/06 11/17/06 TRUCK UTILITIES INC 11/16/06 11/20/06 COMO LOBE & SUPPLIES 11/17/06 11/20/06 NORTHERN TOOL EQUIPMNT 11/17/06 11/20/06 GOPHER BEARING COMPANY IN 11/17/06 11120/06 PARTS ASSOCIATES INC 11/20/06 11/21/06 FORCE AMERICA 11/20/06 11/22/06 KATH AUTO PARTS LC 11/21/06 11/24/06 KATH AUTO PARTS NSP 11/22/06 11/24/06 KATH AUTO PARTS NSP Trans Amount Name 35.66 ALISHA M LUKIN 21.25 ALISHA M LUKIN 57.81 ALISHA M LUKIN 35.15 ALISHA M LUKIN 19.14 ALISHA M LUKIN 41.54 ALISHA M LUKIN 827.88 STEVE LUKIN 379.14 STEVE LUKIN 42.80 STEVE LUKIN 17.74 STEVE LUKIN 25.56 DAN MARTIN 39.48 MARK MARUSKA 60.67 ED NADEAU 96.87 ED NADEAU 422.48 BRYAN NAGEL 100.10)BRYAN NAGEL 39.00 JEAN NELSON 71.07 JEAN NELSON 32.70 JEAN NELSON 319.52 AMY NIVEN 41.54 RICHARD NORDQ 140.00 ERICK OSWALD 34.47 MARY KAY PALA 396.97 MARY KAY PALA 23.43 MARY KAY PALA 38.29 MARY KAY PALA 21.30 KATHLEEN PECK 452.98 ROBERT PETERS 38.75 PHILIP F POWELL 12.10 PHILIP F POWELL 7.44 PHILIP F POWELL 34.06 PHILIP F POWELL 10.00 PHILIP F POWELL 8.30 PHILIP F POWELL 439.85 PHILIP F POWELL 77.20 PHILIP F POWELL 204.48 PHILIP F POWELL 255.56 PHILIP F POWELL 572.50 ROBERT PRECHT 240.00 ROBERT PRECHT 3.16 ROBERT PRECHT 84.21 STEVEN PRIEM 97.13 STEVEN PRIEM 119.09 STEVEN PRIEM 265.06 STEVEN PRIEM 445.12 STEVEN PRIEM 225.69 STEVEN PRIEM 101.18 STEVEN PRIEM 5.40 STEVEN PRIEM 10.21 STEVEN PRIEM 76.74 STEVEN PRIEM 10.65 STEVEN PRIEM 5.31 STEVEN PRIEM 10.99 STEVEN PRIEM 71.69 STEVEN PRIEM UIST NK NK NK NK HALL ON EL EL EL iff Visa Transactions 11 -11 to 11 -24 -06 Trans Date 11/22/06 11/22/06 11/21/06 11/21/06 11/21/06 11/21/06 11/21/06 11/21/06 11/21/06 11/22/06 11/10/06 11/13/06 11/20/06 11/21/06 11/09/06 11/13/06 11/15/06 11/16/06 11/21/06 11/15/06 11/21/06 11/17/06 11/17/06 11/22/06 11/17/06 11/09/06 11/09/06 11/09/06 11/09/06 11/09/06 11/13/06 11/21/06 11/21/06 11/21/06 11/21/06 11/19/06 11/15/06 11/14/06 11/10/06 11/10/06 11/10/06 11/17/06 11/17/06 11/17/06 11/19/06 11/23/06 11/20/06 11/22/06 11/15/06 11/16/06 11/15/06 Posting Date Merchant Name 11/24/06 KATH AUTO PARTS NSP 11/24/06 EAT INC 11122/06 SPRINT *WIRELESS SVCS 11/22/06 SPRINT *WIRELESS SVCS 11/22/06 SPRINT *WIRELESS SVCS 11/22/06 SPRINT *WIRELESS SVCS 11/22/06 SPRINT *WIRELESS SVCS 11/22/06 SPRINT *WIRELESS SVCS 11/22/06 SPRINT *WIRELESS SVCS 11124/06 SPRINT *WIRELESS SVCS 11/13/06 PIONEER PRESS ADVERTISIN 11/15/06 MCFARLANE MEDIA 11/21/06 OFFICE DEPOT #1090 11/24/06 DALCO ENTERPRISES, INC 11/13/06 MICHAELS #2744 11/15/06 OFFICE DEPOT #375 11/17/06 THE UPS STORE #1533 11/20/06 MAD SCIENCE OF MINN 11124/06 ORIENTAL TRADING CO 11/16/06 MENARDS 3059 11/22/06 UNITED RENTALS #D09 11/20/06 WHITE BEAR ACE HARDWAR 11/20/06 OFFICE DEPOT #1090 11/24/06 OFFICE DEPOT #1090 11/20/06 UNIFORMS UNLIMITED INC 11113/06 INT'L CODE COUNCIL INC 11/13/06 INT'L CODE COUNCIL INC 11/13/06 INT'L CODE COUNCIL INC 11/13/06 INT'L CODE COUNCIL INC 11/13/06 INT'L CODE COUNCIL INC 11/15/06 INT'L CODE COUNCIL INC 11/22/06 U OF M CCE ON LINE 11/22/06 U OF M CCE ON LINE 11/22/06 U OF M CCE ON LINE 11122/06 U OF M CCE ON LINE 11/21/06 OFFICE DEPOT #2592 11/16/06 DE LAGE LANDEN OP01 OF 01 11/15/06 FRATTALLONE'S ACE HDWE 11/15/06 ENERGY SALES INC 11/13/06 METRO ATHLETIC SUPPLY 11/13/06 METRO ATHLETIC SUPPLY 11120/06 STREAMLINE DESIGN INC 11/20/06 STREAMLINE DESIGN INC 11/20/06 COMCAST CABLE COMM 11/20/06 QWESTCOMM *TN651 11/24/06 QWESTCOMM *TN651 11/22/06 UNIFORMS UNLIMITED INC 11/24/06 INT'L ASSN OF CH101 OF 01 11/16/06 INTL ASSOC OF FIRE CHIEFS 11/20/06 RAINBOW FOODS 00088617 11117/06 QUILL CORPORATION Trans Amount lame 85.43 STEVEN PRIEM 88.13 STEVEN PRIEM 1 KEVIN RABBETT 532.40 KEVIN RABBETT 532.40 KEVIN RABBETT 1 KEVIN RABBETT 319.44 KEVIN RABBETT 532.40 KEVIN RABBETT 319.44 KEVIN RABBETT 175.97 KEVIN RABBETT 824.85 TERRIE RAMEAUX TERRIE RAMEAUX 811.43 MICHAEL REILLY 8.30 UDR' ROBBINS 6.90 UDR' ROBBINS ROBERT ROBERT RUNNING MES SCHINDELDECKER 65.54 18.63 DEB SCHMIDT 0 SHORTREED 207.00 ANDREA SINDT 207.00 ANDREA SINDT 333.00 ANDREA SINDT 850.00 ANDREA SINDT 207.00 ANDREA SINDT ANDREA 300.00 ANDREA SINDT 50.00 ANDREA SINDT 225.00 SINDT 150.00 SINDT 59.62 STAPLES 626.43 J 2.65 RUSTIN SVENDSEN 373.82 LYLE SWANSON 614.50 DOUGLAS . , DOUGLAS ' : ' 1,500.00 DOUGLAS a a 11 DOUGLAS a a 1 JUDY TETZLAFF 341.91 JUDY TETZLAFF 57.54 JUDY TETZLAFF 260.80 DAVID J THOMALLA 200.00 i' ! , ' 195.00 8.50 JOSEPH WATERS 0 SUSAN ill CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 12/01/06 CAVE, REBECCA 397.80 12101106 HJELLE, ERIK 397.80 12/01/06 JUENEMANN, KATHLEEN 397.80 12101106 ROSSBACH, WILLIAM 397.80 12/01/06 COPELAND, EUGENE 3,090.00 12101/06 FARR, LARRY 1,912.50 12/01/06 SWANSON, LYLE 1,711.57 12101106 ARNOLD, AJLA 672.00 12/01 /06 RAMEAUX, THERESE 2,670.96 12101106 SCHMIDT, DEBORAH 1,647.75 12/01/06 ANDERSON, CAROLE 974.57 12101106 BAUMAN, GAYLE 3,898.35 12/01/06 DEBILZAN, JUDY 720.00 12/01106 JACKSON, MARY 1,87335 12/01/06 KELSEY, CONNIE 1,054.58 12/01106 TETZLAFF, JUDY 1,924.74 12101x`06 FRY, PATRICIA 1,738.95 12101106 GUILFOILE, KAREN 3,094.70 12/01/06 MORSON, JOHN 383.04 12101106 SPANGLER, EDNA 713.97 12/01/06 ANDERSON, SUZANNE 585.00 12101/06 JAGOE, CAROL 1,679.66 12/01/06 KELLY, LISA 1,027.98 12101106 MECHELKE, SHERRIE 1,012.73 12/01/06 MOY, PAMELA 880.81 12101106 OLSON, SANDRA 1,28817 12/01/06 OSTER, ANDREA 1,804.71 12101106 WEAVER, KRISTINE 1,839.76 12/01/06 BANICK, JOHN 4,017.82 12/01106 CORCORAN, THERESA 1,67735 12/01/06 POWELL, PHILIP 2,394.54 12/01106 RICHIE, CAROLE 1,684.28 12101x`06 THOMALLA, DAVID 4,429.00 12101106 ABEL, CLINT 2,573.01 12/01/06 ALDRIDGE, MARK 3,030.82 12101106 ANDREWS, SCOTT 3,254.39 12/01/06 BAKKE, LONN 2,560.09 12101/06 BELDE, STANLEY 3,083.47 12/01/06 BIERDEMAN, BRIAN 2,422.18 12101106 BOHL, JOHN 2,895.78 12/01/06 BUSACK, DANIEL 2,400.11 12101106 COFFEY, KEVIN 2,667.44 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 12101106 GROTTY, KERRY 3,110.16 12/01/06 DOBLAR, RICHARD 4,206.79 12/01/06 GABRIEL, ANTHONY 2,217.28 12/01/06 HEINZ, STEPHEN 3,164.08 12/01/06 HIEBERT, STEVEN 2,862.07 12/01/06 JOHNSON, KEVIN 3,950.35 12/01/06 KALKA, THOMAS 686.28 12/01/06 KARIS, FLINT 3,782.77 12/01/06 KONG, TOMMY 2,547.11 12/01/06 KROLL, BRETT 2,716.63 12/01/06 KVAM, DAVID 3,523.42 12/01/06 LANGNER, TODD 2,120.22 12/01/06 LARSON, DANIEL 2,400.11 12/01/06 LU, JOHNNIE 2,499.29 12/01/06 MARINO, JASON 2,400.11 12/01/06 MARTIN, DANIEL 654.68 12/01/06 MARTIN, JERROLD 2,514.38 12/01/06 MCCARTY, GLEN 2,517.11 12/01/06 METRY, ALESIA 2,635.40 12/01/06 NYE, MICHAEL 2,260.36 12/01/06 OLSON, JULIE 2,926.32 12/01/06 RABBETT, KEVIN 3,587.70 12/01/06 RHUDE, MATTHEW 1,90018 12/01/06 STEFFEN, SCOTT 3,149.04 12/01/06 STEINER, JOSEPH 2,026.03 12/01/06 SYPNIEWSKI, urILLIAM 1,988.61 12/01/06 SZCZEPANSKI, THOMAS 2,716.13 12/01/06 TRAN, JOSEPH 2,378.55 12/01/06 WENZEL, JAY 2,756.80 12/01 /06 XIONG, KAO 2,547.11 12/01/06 BARTZ, PAUL 3,015.84 12/01/06 BERGERON, JOSEPH 3,498.79 12/01/06 DUGAS, MICHAEL 2,514.38 12/01/06 ERICKSON, VIRGINIA 2,641.80 12/01/06 FLOR, TIMOTHY 4,226.51 12/01/06 FRASER, JOHN 2,761.68 12/01/06 LANGNER, SCOTT 2,445.82 12/01/06 PALMA, STEVEN 2,870.46 12/01/06 THEISEN, PAUL 2,921.92 12/01/06 THIENES, PAUL 2,628.65 12/01/06 BARTA, JEREMY 2,865.37 12/01/06 DAWSON, RICHARD 3,408.44 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 12101106 DUELLMAN, KIRK 3,526.37 12/01/06 EVERSON, PAUL 3,471.08 12/01/06 HALWEG, JODI 2,899.86 12/01/06 JOHNSON, DOUGLAS 3,267.31 12/01/06 NOVAK, JEROME 3,613.72 12/01/06 PARSONS, KURT 3,165.21 12/01/06 PETERSON, ROBERT 3,556.65 12/01/06 PRECHTEL, ROBERT 3,665.18 12/01/06 SVENDSEN, RONALD 3,576.89 12/01/06 GERVAIS -JR, CLARENCE 2,868.34 12/01/06 BAUER, MICHELLE 2,645.19 12/01/06 BURAU, JAMES 1,681.63 12/01/06 FLAUGHER, JAYME 2,963.31 12/01/06 HERMANSON, CHAD 2,259.95 12/01/06 HUBIN, KENNARD 2,717.08 12/01/06 KNAPP, BRETT 2,772.15 12/01/06 LINN, BRYAN 2,910.27 12/01/06 PACOLT, MARSHA 2,529.68 12/01/06 RABINE, JANET 2,478.71 12/01/06 STAHNKE, JULIE 2,493.11 12/01/06 LUKIN, STEVEN 4,016.18 12/01/06 SVENDSEN, RUSTIN 1,656.57 12/01/06 ZWIEG, SUSAN 1,81335 12/01/06 DOLLERSCHELL, ROBERT 293.39 12/01/06 AHL, R. CHARLES 4,675.69 12/01/06 KNUTSON, LOIS 1,570.95 12/01/06 KONEWKO, DUWAYNE 3,059.51 12/01/06 NIVEN, AMY 1,258.02 12/01/06 PRIEFER, WILLIAM 2,601.27 12/01/06 BRINK, TROY 1,826.15 12/01/06 DEBILZAN, THOMAS 1,92535 12/01/06 EDGE, DOUGLAS 2,183.58 12/01/06 FREBERG, RONALD 1,932.28 12/01/06 JONES, DONALD 2,209.54 12/01/06 MEYER GERALD 1,969.79 12/01/06 NAGEL, BRYAN 2,486.01 12/01/06 OSWALD, ERICK 2,080.46 12/01/06 RUNNING, ROBERT 1,973.25 12/01/06 TEVLIN, TODD 1,84615 12/01/06 DUCHARME, JOHN 2,414.86 12/01/06 ENGSTROM, ANDREW 1,776.55 12/01/06 ISAKSON, CHAD 239.59 1111 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 12101106 JACOBSON, SCOTT 1,529.35 12/01/06 JAROSCH, JONATHAN 2,030.15 12/01/06 KUMMER, STEVEN 2,338.17 12/01/06 LABEREE, ERIN 2,882.35 12/01/06 LINDBLOM, RANDAL 2,414.86 12/01/06 MEINHOLZ, WILLIAM 98.56 12/01/06 PECK, DENNIS 2,421.79 12/01/06 SCHREMPP, ANTHONY 121.40 12/01/06 THOMPSON, MICHAEL 2,129.35 12/01/06 ANDERSON, BRUCE 4,359.27 12/01/06 CAREY, HEIDI 2,179.78 12/01/06 HALL, KATHLEEN 1,820.30 12/01/06 MARUSKA, MARK 2,754.63 12/01/06 NAUGHTON, JOHN 1,905.40 12/01/06 SCHINDELDECKER, JAMES 1,895.66 12/01/06 BIESANZ, OAKLEY 1,584.38 12/01/06 DEAVER, CHARLES 249.48 12/01/06 GERNES, CAROLE 149.25 12/01/06 HAYMAN, JANET 1,22897 12/01/06 HUTCHINSON, ANN 2,330.27 12/01/06 NELSON, JEAN 1,029.42 12 /01 /06 GAYNOR, VIRGINIA 2,060.55 12/01/06 HAMRE, MILES 375.00 12/01/06 EKSTRAND, THOMAS 3,244.09 12/01/06 KROLL, LISA 1,290.68 12/01/06 LIVINGSTON, JOYCE 1,172.30 12/01/06 SINDT, ANDREA 1,74535 12/01/06 THOMPSON, DEBRA 467.04 12/01/06 YOUNG, TAMELA 1,613.35 12/01/06 FINWALL, SHANK 2,564.23 12/01/06 ROBERTS, KENNETH 2,737.47 12/01/06 BRASH, JASON 1,544.57 12/01/06 CARVER, NICHOLAS 2,853.51 12/01/06 FISHER, DAVID 3,712.12 12/01/06 RICE, MICHAEL 2,11095 12/01/06 SWAN, DAVID 2,214.15 12/01/06 WELLENS, MOLLY 1,256.48 12/01/06 WORK, ALICIA 182.81 12/01/06 LUKIN, ALISHA 768.00 12/01/06 OHLHAUSER, MEGHAN 337.50 12/01/06 ROBBINS, AUDRA 2,288.25 12/01/06 SHERRILL, CAITLIN 122.50 ip CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 12101106 STAPLES, PAULINE 3,028.24 12/01/06 TAUBMAN, DOUGLAS 2,854.34 12/01/06 UNDERHILL, KRISTEN 264.00 12/01/06 GERMAIN, DAVID 1,903.68 12/01/06 NORDQUIST, RICHARD 2,055.00 12/01/06 SCHULTZ, SCOTT 2,078.15 12/01/06 ANZALDI, MANDY 1,646.90 12/01/06 COLLINS, ASHLEY 57.75 12/01/06 CRAWFORD - JR, RAYMOND 244.00 12/01/06 CROSSON, LINDA 2,782.65 12/01/06 EVANS, CHRISTINE 780.48 12/01/06 GRAF, MICHAEL 2,094.61 12/01/06 HER, CHONG 535.00 12/01/06 HOFMEISTER, MARY 721.47 12/01/06 PELOQUIN, PENNYE 563.02 12/01/06 SCHMIDT, RUSSELL 2,094.61 12/01/06 SCHULZE, BRIAN 1,050.84 12/01/06 TOLBERT, FRANCINE 161.00 12/01/06 BRENEMAN, NEIL 464.23 12/01/06 BRUSOE, CRISTINA 175.50 12/01/06 BUCKLEY, BRITTANY 66.23 12/01/06 DUNK, RYAN 593.34 12/01/06 ERICKSON- CLARK, CAROL 47.50 12/01/06 EVANS, KRISTIN 67.85 12/01/06 FIERRO WESTBERG, MELINDA 75.00 12/01/06 FONTAINE, KIM 800.43 12/01/06 GREDVIG, ANDERS 381.09 12/01/06 HASSENSTAB, DENISE 44.70 12/01/06 HORWATH, RONALD 2,159.70 12/01 /06 KOEHNEN, AMY 78.15 12/01/06 KOEHNEN, MARY 1,512.43 12/01/06 KRONHOLM, KATHRYN 408.98 12/01/06 LAMEYER, ZACHARY 8.44 12/01/06 MATHEWS, LEAH 75.83 12/01/06 PROESCH, ANDY 565.68 12/01/06 SMITH, ANN 118.20 12/01/06 TELLIN, SARAH 173.85 12/01/06 TRUE, CAROLINE 114.90 12/01/06 TUPY, 1 FIDE 169.60 12/01/06 TUPY, MARCUS 272.11 12/01/06 WERNER, REBECCA 140.23 12/01/06 WOLFGRAM, MARY 66.65 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATE EMPLOYEE NAME AMOUNT 12101106 GROPPOLI, LINDA 292.50 12/01/06 HER, SHILLAME 61.50 12/01/06 HOLMGREN, STEPHANIE 64.75 12/01/06 STEVENS, PATTI 132.24 12/01/06 BEHAN, JAMES 1,893.79 12 /01 /06 PATTERSON, ALBERT 1,392.56 12/01/06 PRINS, KELLY 1,046.82 12/01/06 REILLY, MICHAEL 1,706.95 12/01/06 SCHOENECKER, LEIGH 189.85 12/01/06 AICHELE, CRAIG 1,966.47 12/01/06 PRIEM, STEVEN 2,12935 12/01/06 WOEHRLE, MATTHEW 1,757.18 12/01/06 BERGO, CHAD 2,355.82 12/01/06 FOWLDS, MYCHAL 2,686.82 12/01/06 FRANZEN, NICHOLAS 2,250.75 1000522 12/01/06 LONGRIE, DIANA 452.00 1000523 12/01/06 RYDEL, HARRIET 1,261.60 1000524 12/01/06 JAHN, DAVID 1,787.96 1000525 12/01/06 MORIN, TROY 157.25 1000526 12/01/06 MATHEYS, ALANA 2,059.18 1000527 12/01/06 HANSEN, LORI 1,871.37 1000528 12 /01 /06 PALANK, MARY 1,679.66 1000529 12/01/06 SVENDSEN, JOANNE 1,855.40 1000530 12/01/06 SHORTREED, MICHAEL 3,268.81 1000531 12/01/06 WELCHLIN, CABOT 2,809.86 1000532 12/01/06 BAUMAN, ANDREW 248.00 1000533 12/01/06 BUCKLEY, BRENT 1,559.53 1000534 12/01/06 EDSON, DAVID 1,932.28 1000535 12/01/06 14ELEY, ROLAND 1,934.59 1000536 12/01/06 HINNENKAMP, GARY 2,231.07 1000537 12/01/06 LINDORFF, DENNIS 1,89797 1000538 12/01/06 NOVAK, MICHAEL 1,893.35 1000539 12/01/06 BERGER, STEPHANIE 378.25 1000540 12/01/06 CORBETT, CAITLIN 70.00 1000541 12/01/06 DEGREE, AMANDA 4594 1000542 12/01/06 ERICKSON, AMY 130.00 1000543 12/01/06 GREEK ABIGAIL 52.00 1000544 12/01/06 KOHLMAN, JENNIFER 64.00 1000545 12/01/06 LINDA, KELLIE 310.00 1000546 12/01/06 NETTLETON, NICOLE 117.00 1000547 12/01/06 NIELSEN, ABBY 65.00 1000548 12/01/06 NYBERG, MICHELLE 169.00 I CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATE EMPLOYEE NAME AMOUNT 1000549 12101106 ROBBINS, EMERALD 356.00 1000550 12/01/06 WILSON, KALEN 143.00 1000551 12/01/06 ZENO, KAYLA 52.00 1000552 12/01/06 HAAG, MARK 1,913.95 1000553 12/01/06 NADEAU, EDWARD 3,061.98 1000554 12 /01 /06 GLASS, JEAN 1,868.83 1000555 12/01/06 NAGEL, BROOKE 417.45 1000556 12/01/06 SIMPSON, JOSEPH 186.25 1000557 12/01/06 VELASQUEZ, ANGELA 139.50 1000558 12/01/06 ALBRECHT, TIMOTHY 76.88 1000559 12/01/06 ANDERSON, CALEB 2730 1000560 12/01/06 ANDERSON, JOSHUA 184.60 1000561 12/01/06 ANDERSON, JUSTIN 177.50 1000562 12/01/06 BENJAMIN, AYLA 58.50 1000563 12/01/06 BRENEMAN, SEAN 157.80 1000564 12/01/06 BRUSOE, AMY 82.75 1000565 12/01/06 CHASTAN, ADAM 68.25 1000566 12/01/06 CLARK, PAMELA 124.95 1000567 12/01/06 COSTA, JOSEPH 384.80 1000568 12/01/06 DEMPSEY, BETH 122.50 1000569 12/01/06 FENGER, JUSTIN 343.23 1000570 12/01/06 GIEL, NICOLE 28.00 1000571 12/01/06 GRUENHAGEN, LINDA 382.25 1000572 12/01/06 HAGSTROM, EMILY 64.38 1000573 12/01/06 HERRON, ADAM 158.88 1000574 12/01/06 IRISH, PETER 192.25 1000575 12/01/06 JOHNSON, JAMES 232.83 1000576 12/01/06 KROLL, MARK 292.88 1000577 12/01/06 LEMAY, KATHERINE 92.48 1000578 12/01/06 NWANOKWALE, MORDY 87.75 1000579 12/01/06 PEHOSKI, JOEL 67.80 1000580 12/01/06 RICHTER, DANIEL 51.00 1000581 12/01/06 RICHTER, NANCY 252.50 1000582 12/01/06 RYAN, ERICA 54.60 1000583 12/01/06 SAUCERMAN, MICHAEL 299.50 1000584 12/01/06 SCHMIDT, EMILY 98.50 1000585 12/01/06 SCHMIDT, JOHN 45.50 1000586 12/01/06 SCHRAMM, BRITTANY 53.90 1000587 12/01/06 SCHREINER, MICHELLE 178.56 1000588 12/01/06 SCHUNEMAN, GREGORY 42.25 1000589 12/01/06 SMITLEY, SHARON 377.25 1000590 12/01/06 STAHNKE, AMY 99.88 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATE EMPLOYEE NAME AMOUNT 1000591 12/01/06 WARNER, CAROLYN 278.65 1000592 12/01/06 WEDES, CARYL 122.50 1000593 12/01/06 WHITE, NICOLE 349.20 1000594 12/01/06 WILLIAMS, KRISTINE 72.00 1000595 12/01/06 WOODMAN, ALICE 115.00 1000596 12/01/06 ZALK, IDA 19.50 1000597 12/01/06 BOSLEY, CAROL 292.50 1000598 12/01/06 LEWIS, AMY 90.65 1000599 12/01/06 OIL, REBECCA 149.19 1000600 12/01/06 PARAYNO, GUAI 106.33 1000601 12/01/06 SATTLER, MELINDA 68.10 1000602 12/01/06 STODGHILL, AMANDA 20.25 1000603 12/01/06 VAN HALE, PAULA 58.10 1000604 12/01/06 ZAGER, LINNEA 159.28 1000605 12/01/06 BERLIN, SARAH 247.48 1000606 12/01/06 BIRKHOLZ, TYLER 97.30 1000607 12/01/06 DOUGLASS, TOM 1,285.34 1000608 12/01 /06 GADOW, ANNA 230.10 1000609 12/01/06 HER, CHEE 119.06 1000610 12/01/06 HER, PETER 138.18 1000611 12/01/06 O'GRADY, VICTORIA 93.10 1000612 12/01/06 SCHULZE, KEVIN 162.93 1000613 12/01/06 VANG, HUE 145.95 1000614 12/01/06 VUE, LOR PAO 126.15 471,782.47 ius 001:4,121197TAIOIMl I ; to] iITS 0 a9 ff PMT47-1Leiff.-MMe izi LVA 1:4 ILI 011111 CAL VT 1111101:9.0 WT IV LTA 1 0 .11 a 7_x 41111111111150 =-1a TOM IKe1=0 The alarm ordinance adopted by the Council on 8-28-95 includes a provision that unpaid false alarm charges shall be certified as special assessments. On October 27th , eleven letters were sent advising companies that their unpaid invoice(s) for false alarm charges would be added to their property tax bill for next year if payment was not made by November 30. A few payments were received in response to these letters. The remaining unpaid bills that should be certified as special assessments are as follows: 25.00 for T Mobile at 3001 White Bear Avenue 200.00 for Maplewood Mail at 3001 White Bear Avenue 500.00 for Maplewood Manor at 2266 Duluth 115.00 for Auto Zone at 751 Century Avenue 25.00 for T Mobile USA, Inc. at 3035 White Bear Avenue 40.00 for Old Navy at 3001 White Bear Avenue 50.00 for Kentucky Fried Chicken at 1938 Beam Avenue 25.00 for Real Estate Facilities at 501 Marquette Avenue 40.00 for Joann Etc. at 1739 Beam Avenue 340.00 for Alan Merricks Corner Kick at 1357 Cope Avenue E It is recommended that 1) the attached resolution be approved to certify these false alarm charges for collection with property taxes payable in 2007. P\perm\FALSE ALARMSDOC RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent false alarm charge for collection with the taxes of said property owner for the year 2006, collectible in 2007, and which includes interest at the rate of eight percent 8%) on the total amount for one year: ACCOUNT STREET ADDRESS PROPERTY IDENTIFICATION AMOUNT* T Mobile 3001 White Bear Avenue 02.29.22.23.0009 27.00 Maplewood Mall 3001 White Bear Avenue 02.29.22.23.0009 216.00 Maplewood Manor 2266 Duluth 09.29.22.44.0158 540.00 Auto Zone 751 Century Avenue 25.29.22.44.0049 124.20 T Mobile USA, Inc.3035 White Bear Avenue 02.29.22.21.0016 27.00 Old Navy 3001 White Bear Avenue 02.29.22.23.0009 43.20 Kentucky Fried Chicken 1938 Beam Avenue 02.29.22.31.0058 54.00 Real Estate Facilities 501 Marquette Avenue 18.29.22.14.0011 27.00 Joann Etc.1739 Beam Avenue 03.29.22.14.0015 43.20 Corner Kick 1357 Cope Avenue 10.29.22.32.0014 367.20 TOTAL $1,468.80 Amount includes 8% interest. FWATC] A 011 RTA 01 FROM: Finance Director RE: Assessments for Unpaid Ambulance Bills for 2005 U • It is proposed that the attached resolution be adopted to certify $20,120.14 of unpaid ambulance bills as special assessments for collection with 2007 property taxes with interest at the rate of eight percent on the total amount for one year. Annually in December special assessments are levied for unpaid ambulance bills on property within Ramsey County. During the past 12 months letters were sent to individuals that had unpaid ambulance bills. The letters indicated that the balance due for ambulance services along with 8% interest would be added to their 2007 property taxes if payment was not made within 30 days. In response to these letters, payments and/or insurance data were received. For the remaining unpaid bills, property records were reviewed to confirm that the property owner name matched the ambulance service customer name. There were 21 matches and these are listed on the attachment for certification. It is recommended that the attached resolution be adopted to certify $20,120.14 of unpaid ambulance bills as special assessments for collection with 2007 property taxes with interest at the rate of eight percent on the total amount for one year. P\agn\assessments b—bills.doc RESOLUTION RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached ambulance service charges totaling 20,120.14 for collection with the taxes of said property owner for the year 2006, collectible in 2007 with interest at the rate of eight percent (8%) on the total amount for one year. P\agn\assessments b—bills.doc N13GAV Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ZIld3CLIVZZZZZZZZZZZZZZZZZZZZ ZAd3CIJVZZZZZZZZZZZZZZZZZZZZ Zinad:[V Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0axav00C)0 0 0 C,0 C)0 D 0 0 0 D 0 0 0 0 C) 0INWXAV000CDC)0 0 0 0 0 0 C)C)0 0 C)CD 0 CD 0 0 NNntld v 0 0 W wo-13 C)0 0 0 C)0 C>0 C)0 0 0 C)C)0 0 C)C)C>0 C) Z oo w VINIJV w 00tOmC>V CO C,C\j 1)CD 00 N M N O O q 00 CO C,CP CO C 05 cc C\4 7 i w w D r-t-CV 6 0 q D 2 ulwv:iv N Om mco N Nm toR 0 C\!C)O C) -I W U C) Tl j m I I Z) W NHH AA J F- z o 0tlcoHAISC)c ,0r Cc ,0c ,0c ,0c ,C,c>C)0c ,0r ,Dc ,C,c ,0c ,0c ,Dc ,C,c ,0c ,0c ,C,c>0 C)c , J , 00 NCD tom C)r-DQ 00t Cl)Q NM 0 MW MC r f-W 1.-I-0 Ln WW Dr-NQ Itto O C',C,InD QQ Q Q Q Q Q Q Q Q Q CL C,0 43 0 0 C)C,0 Q C,Q 0 Q Q CD 0 CD Q Q 2= 4 Q 8 EOHVd:IV C4 C4 N M M CN N N C14 04 04 N 04 N 04 N 04 04 04 N C14 C14 N N C14 N N N N N N N N N 04 N N 0 Qs co O m m co a)CO m co M a)m 0)a)C)00 co N N N N Oy N N Oy N N N N C11 N N C4 N N N N N mOC14ofCDtN0QNV)N V)Cl)le04 0M U)M Q04 tN C14N inN M MQ Z tU LU a)r C) LL 110HAV of x w a of of w of if w of a z CL LUU2z E 0 LL < 04 0 DWdSAV C)0 O 0 C)0 C>0 C)0 O O C)0 O O CD 0 UQ N 00 0 0 N0 C40 m0 NCD N0 N0 NC NCD N0 N0 NC>NCD N0 N0 NC>NCD N0 N0 0 0 a3dSJV W E C)0 C n 0 0 C)0 ti n 0 ti n 0 C,0 CD E - - E t -0 0 t 0 0 0 0 0 0 m to 0 0 0 t 0 0 0 0 0 0 0 dq z E Of LLJ E .Z d 0 u) Z 0 w p z M to m P w m O N 2 CNI 7N Agenda Item 14 TO:City Manager FROM:Ken Roberts, Planner SUBJECT:Home Occupation License Review APPLICANT:Mr. [>@Vid GnJp@ LOCATION:1994 Duluth Street DATE:November 30, 2006 INTRODUCTION City staff is requesting that the city council review @ home occupation license. The city council approved this license for Mr. Grup8ho operate Gdigital photography StUdiO in the detached g8[8gR located on his property at 1894 [)V|Uth Street. The city required Mr. GnJp8[0 get 8 building permit h0 remodel the garage in order to operate the business from the garage. Mr. Grupo also made exterior improvements in the backyard of the residence to accommodate clients. These improvements included installing a six-foot fence for screening and additional landscaping. Please see the maps beginning OD page thnSR). n November 8.20U4. the city council first considered this request and tabled action onit to allow the applicant to make changes to the proposal. On November 22, 2004. the okv council approved the hVnl8 occupation license for K8c GnJp8 of Duluth Street tO have @ photography studio in the detached garage. This approval was subject bO several conditions of approval. (See the council minutes starting on page six). On November 14.20{5. the city council reviewed this home occupation license and agreed to review it again in 2006. This additional review was to allow Mr. Grupa time to install privacy fencing in his backyard. DISCUSSION The city issued Mr. GnJp88 building permit b] remodel his garage 0n March 5.20U5. The remodeling of the detached garage for the purpose of a digital photography studio is complete and it meets the city conditions for the home occupation license. The remodeling of the garage, however, was finished late in the fall Of2O85 and ag such, did not allow Mr. GrVp8 time toinstall the six-foot-high solid fence screening before the winter months. Mr. GrVp8 completed the installation Of privacy fencing around parts Of his backyard during 2OOS. Uv staff has not neCHk/8d any complaints about this business and we are not 8vv8r8 of any problems or issues with Mr. Grupas' home occupation. Review the home occupation license for the photography study at 1994 Duluth Street again in one year (December 2007) or sooner if a problem arises or if Mr. Grupa proposes a major chongeto his home business. P/eec16/1994 Duluth Home Occupation Review -2000 Attachments: 1. Location Map 2. Zoning Map 3. Site Plan 4. 11-22-04 City Council Minutes N Attachment 1 RD LMONT LN AVE EAS r," F Z FRISBIE W f - V rLL I a z } 4 Location Map 1994 Du uth Street Grupa Name ccupatian CUP N FROST AVE t Zoning iviap 1994 DuluT Street Grupa Home Occupation CUP Attachment 2 Attachment 3 Wim ra I.!] A J. MINUTES MAPLEWOOD CITY COUNCIL 7:05 P.M. Monday, November 22, 2004 Council Chambers, City Hall Meeting No. 04-26 CALL TO ORDER: Attachment 4 A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:05 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 City Engineer Ahl announced water quality issues within an isolated area in Maplewood. St. Paul Regional Water Services (651-266-6350) is aggressively flushing the system and should have the problem corrected within 48 hours. UNFINISHED BUSINESS Home Occupation License-David Grupa Photography (1994 Duluth Street) a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. C. David Grupa, the applicant, provided further specifics and answered questions from the council. d. Wayne Nelson, homeowner at 1995 Duluth Street, addressed the council. Councilmember Monahan-Junek moved to approve the home occupation license for Mr. Grupa of 1994 Duluth Street to have a photography studio. This approval shall be subject to the following conditions: Meet all conditions of the city's home occupation ordinance. This includes: a. No traffic shall be generated by a home occupation in greater volume than would normally be expected in a residential neighborhood. b. The need for off-street parking shall not exceed more than three off-street parking spaces for home occupation at any given time, in addition to the parking spaces required by the residents. 6 City Council 11-22-04 c. No equipment or process shall be used in such home occupation that creates noise, vibration, light, glare, fames, smoke, dust, odors or electrical interference detectable to the normal senses off the lot. d. There shall be no fire, safety or health hazards. e. The studio shall not exceed 514 square feet in area. 2. Customer hours for this home occupation are limited to: Monday through Friday 10 a.m. to 7 p.m. and Saturday 10 a.m. to 5 p.m. 3. There shall be no more than 25 appointments at the business per week. 4. All customers or visitors to the business shall park on the driveway. 5. Provide a five-pound ABC dry chemical fire extinguisher in the garage. 6. The garage and studio wiring shall meet the state electrical code. 7. Provide a 3-foot egress exit door out of the garage. 8. Obtain a building permit before construction. 9. The remodeling of the exterior of the north and west sides of the garage shall be consistent with the adjacent properties as to not indicate the presence of a home occupation business. 10. Provide screening along the south border of the backyard from the southeast corner of the house to the south edge of the lot line and extending at least 10 feet along the east lot line. This screening is to ensure privacy and lessen the intrusion for the residence located at 1211 Ryan Avenue. This screening should be in the form of a 6-foot-high solid fence or with the planting of thick shrubs or large trees. 11. There shall be no processing or developing of film on site. 12. The city council may add additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. 13. The city council shall review this home occupation license again in one year. 14. The owner shall return the garage door to operational use after the end of the home occupation. Seconded by Councilmember Koppen Ayes-All 7 City Council 11-22-04 Agenda Item 15 T{): FROM: SUBJECT PROJECT LOCATION: City Manager Ken Roberts, Planner Conditional Use Permit Review Woodhill Development Dahl Avenue, south Of Linwood Avenue November 30.2OU8 The CUP for the Woodhill Development on Dahl Avenue, south of Linwood Avenue, is due for review. The CUP is for the Planned Unit Development with 15 single-dwelling housing units in an R-1 zoning district. (See the maps on pagesihneH+Six\. BACKGROUND On February 23, 2004, the city council approved the following for the Woodhill PUD: 1. A conditional use permit (CUP) for a planned unit development (PUD) for a 15-unit housing development. 3. The preliminary plat to create the |0Ls in the d8v8|0pnn8nL 3. Azoning nnop change from F /har[n residence) to R-1 (single dwellings). (See the COUnCi| minutes starting onpage seven). On November 14, 2005, the city council approved the final plat for Woodhill. On February 13. 2000, the city council reviewed this permit and requested another review for April 24 They requested this review because [f two outstanding matters —@Ounpaid engineering bill and the progress of clean-up work near a wetland that the contractor could not finish in 2005. n April 24,2UU8, the city council reviewed this permit and agreed k} review the permit again in six months. This review and timeline was to ensure the developer continued to keep the site in proper order, to review the status of the project and to review all the conditions of approval. DISCUSSION The contractor is progressing with the construction of the plat. To d8L8 the contractor has completed the site grading, has installed the utilities, the curb and gutter and base course Cf bituminous for the street. In addition, the contractor has built two sing le-dwell ings near the corner of Dahl and Linwood Avenues. However, because of the slowed housing market and the on-going legal matters with the development, no one has applied for any new building permits recently in this development. Since the last review in April, the developer has paid the city for the required engineering bill and the contractor has cornp|8L8d the required clean-up work near the vv8L8nd as required in the cease and desist order from August of 2005. (See the e-mail from Erin Laberee on page 15 for more information about the restoration requirements and efforts.) There is GiiU work for the contractor and builders to finish on the site including the planting of the rainwater gardens, the installation of street lights and completing the wetland restoration work. In addition not all the native seed that the contractor planted got established over last summer. As such, the developer will need t0 install native plants to finish all the vv8U8nd restoration n]qUir8nn8ntS by June 1. 2007. expect that the CODtnGCtOr and builders will oO[np|8te the 0ther@bOvG+|ist8d items as they build more houses in2OO7. Review the CUP for Woodhill again in one year. This review will be to ensure the developer has continued [0 keep the site in proper order, [0 rev the status Cf the project andL0nevi8vv8UUl8 conditions ofapproval. pooc 3-2O/wmodhiU CUP Review -2000(3) Attachments: 1.Location Map 2.Zoning Map 3.Approved Preliminary Plat 4.Final Plat 5.Febru 23.2O04City Council Minutes 6.April 13, 2006, e from Erin Laberee 0 0 Attachment 1 Location Map AIV 2516 Linwood Avenue ND, LVVOOD DR — LINWOOD AVE 7M L'V44 TRADER c M— M Woodhill Site Attachment 2 DEVELOPER Er W 75,V 5:- ENGINEER SURVEY ARCHITECT 145. u y _ .1775 „ a E'. if -- 2: 3 I A NP A! i" k API FINAL PLAT Li MINUTES Attachment 5 MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, February 23, 2004 Council Chambers, Municipal Building Meeting No. 04-04 A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:08 P.M. by Mayor Cardinal. I __31IIIIIIIIIIIII 114:1 Bic] =lLelff-11 C. ROLL CALL Robert Cardinal, Mayor Present Marvin Koppen, Councilmember Present Kathleen Juenemann, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present 2. 9:15 p.m. Woodhill Subdivision (2516 Linwood Avenue) Conditional Use Permit for Planned Unit Development Preliminary Plat Zoning Map Change (F to R-1) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. C. Commissioner Dierich presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Bruce Nedegaard, representing Nedegaard Custom Homes Mary Dierich, speaking as a private concerned citizen e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adapt the following resolution approving a conditional use permit for a planned unit development for the 15-unit Woodhill development on the south side of Linwood Avenue: D1614IL Ilk 111 [0]0 F-11 1111111,4-4:111:24 :1 k I Ill d :14- 111111*] 0 In' M13 , X11101 , 1 WHEREAS, Mr. Bruce Nedegaard applied for a conditional use permit (CUP) for the Woodhill residential planned unit development (PUD). WHEREAS, this permit applies to the 15-lot Woodhill development the city received on January 2, 2004. The legal description is: The North one-half of the West one-half of the NW' /4 of the NE' /4 of Section, Township 28, Range 22, according to the US Government Survey thereof: and N City Council Meeting 02-23-04 The North one-half of the West one-half of the West one-half of the East one-half of the NVV%of the NE%nf Section 13. Township 28 Range 22 according Uo the US Government Survey thereof, in Section 13, Township 28. Range 22. Ramsey County, Minnesota. The property to be known as Lots 1-6. Block 1 and Lots 1-9. Block 2of WoodhiU) WHEREAS, the history of this conditional use permit is as follows: ON February 2, 2004, the planning commission recommended that the city council approve this permit. 2. On February 23 the city council held a public hearing. The city staff published 8 notice in the paper and sent notices tO the surrounding property owners. The council gave everyone 8t the hearing 8 chance k} speak and present written statements. The council also considered reports and recommendations 0f the city staff and p|8DDiDg CO[nnliSSiOD. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit because: The use would be kJc8ted. designed, maintained, constructed and operated h3 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 Vf excessive noise, glare, smoke, dust, 0dO[ fU[nSS water or air po||utiOn, dr8iD@ge, vv@tSr run-off, vibration, gSO8[8| unsightliness, 8|mCtriCG| iDh8rhengOD8 or other nuisances. 5. The VSR vvoV|d generate only rninirnG| vehicular traffic on local streets and vvoU|d not create traffic congestion or unsafe access on existing or proposed streets. 8. 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 7. The use would not create excessive additional costs for public facilities or services. G. The use would maximize the preservation Of and incorporate the site's natural and scenic features into the development design. S. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall hd|ovv the plans approved by the city. The city council may approve major changes tn the plans. The Director of Community Development may approve minor changes ho the plans. Such changes shall include: a. Revising the grading and site plans to show: City Council Meeting 02-23-04 1) The developer minimizing the loss 0r removal of natural vegetation including keeping and protecting as many of the trees as possible. 2) Revised storm water pond locations and storm water system designs 8s suggested or required bv the watershed district Vr city engineer. The ponds shall meet the city's design standards. 2. The proposed construction Vf the plat must b8 substantially started within one year of council approval Or the permit shall end. The council may extend this deadline for one year. 1. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the city engineer's memo dated January 22 2. The approved setbacks for the principal structures in the Wood hil I development shall be: a. F setback (from a public street right-of-way): rnininnunn -2Ufeet, nl8xirnUrn 45feet U. rd setback (public side Gir89L right-of-way): minimum -2Ofeet, nlaxinnVnn - none c. Rear-yard setback: 3O feet from any adjacent residential property line b. Side-yard setback: rnininoUrn - 1U feet from @ property line and 2O feet minimum between buildings. 5. The developer or contractor shall: 8. COn1o|8t8 all grading for the site drainage and the D0DdS. install all retaining vvGUS 8s required and any other site improvements required by the city engineer and meet all city requirements. b. Mace temporary orange safety fencing and signs ot the grading limits. C. Remove the house, any debris or junk from the site. 6. The city council shall review this permit in one year. Seconded bvCVUn[i|nnRrnb8rRoSsbGch | Counci|nlennbnrKnppnn moved to approve the Woodhill preliminarV plat (Received bV the city on February 12, 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: G. COnlp|Rt8 all grading for overall Site drainage, complete all retaining vvG||S. site GOdaC8piDg and meet all city r8qUiF8Qn8Dta. b.° Place temporary orange safety fencing and signs GL the grading limits. City Council Meeting 02-23-04 c. Have XC8| Energy install Group V rate street lights intwok]CaLVmS- primarily atthe street intersections and at the west end of the cul-de-sac. The exact style and location shall b8 subject h3 the city engineer's approval. 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). 8. Install permanent signs around the edge Of the wetland buffer easements. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, building, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these G|QnG before the tib/ issues building permits in this plat. t Install survey monuments along the wetland and wetland buffer boundaries. 0. Pay the city for the cost of traffic-control, street identification, wetland buffer and no parking signs. h. Provide all required and necessary easements, including any off-site easements. i. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, tr8i|9rS. scrap nn8t8|, debris and junk from the Site. j Cap and seal all wells On site that the owners are not using; and remove septic Sy3hS[ns O[dnaiDfiR|dS subject to k8inn8SOt@ [u|8S and guidelines. k. {|0rnp|et8 all curb on Linwood Avenue on the north side of the site. This is to replace the existing driveways on Linwood Avenue, and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated January 22 and shall meet the following conditions: o. The erosion control plans shall be consistent with the city code and shall be extremely detailed k) the satisfaction of the city engineer. b. The grading plan shall show: 1) The proposed building pad elevation and contour information for each home site. The |[t ||n8G on this plan shall follow the approved preliminary plat. 2\ Contour information for all the land that the construction will disturb. 3\ House pads that: o. Reduce the grading On sites where the developer can save large trees. This shall include following the project plans submitted to the city on February 12,2OU4. The house pad locations onLots 5'8.7 and 8. Block 2 shall meet the approved development setback requirements to more closely match the other house setbacks and orientation On the street. b. Meet the 100-fOoL setback from the pipelines for Lot 8, Block 1 and Lot 1. Block 2. IR City Council Meeting 02-23-04 4) The proposed street and driveway grades as Ed|ovxed by the city 8nQin89c 5) All proposed slopes On the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1.[)n slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. Ada nnininoUnn, the slopes shall be protected with 0) wood-fiber blanket, b8 seeded with 8no-maintenance vegetation and be stabilized before the city approves the final p|8L 7) Include the tree plan that: 8. 8hOvvS vvhena the developer will nannove. save or replace large tna83. This plan shall include on inventory of all existing large trees on the site. b. Shows nV tree removal beyond the approved grading and tree limits. 7\ All retaining vv8||S on the plans. Any retaining vv8US taller than 4 feet require o building permit from the city. G\ Sedimentation basins or ponds as required by the watershed district or by the city engineer. 8) No grading beyond the plat boundary without temporary grading easements from the affected property 0vvD8r(a). 10) As little grading as possible north and south of the proposed street. This is LO keep 8S many Cfthe existing trees 0n the site 8sis reasonably possible. 11) The pipelines and the 8-foot-wide trail from the cul-de-sac to the south property line. C. The street and utility plans shall show: 1) The street with 8 vv|dih of 28 feet (with parking on one Gid8), shall be 8 9-ton design with 8 maximum street grade Vf eight percent and the maximum street grade within 75 feet Of the intersection ot two percent. 2\ The new street (Dahl Avenue) with continuous concrete ribbon curb, except where the city engineer determines that concrete curbing i8necessary. 3) The completion or r8p|GC80SDt of the Curb On the south side of Linwood Avenue and the restoration and sodding 0f the boulevards. 4\ Repair of Linwood Avenue (curb, street and boulevard) after the developer connects hn the public utilities and builds the new street. 5\ A set Vf utility services tV the eastern part Of the property at248ULinwood v8nU8 and public utility services toeach new lot. 0) The coordination [f the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRVVS). 7\ All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project 8n]8. 11 City Council Meeting 02-23-04 9) The plan and profiles Of the proposed utilities. 9) A detail [f any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. 10) The CU|dG-a8C with @ minimum pavement radius Ofo1 least 42feet. 11\ Label Linwood Avenue and the new street 8S Dahl Avenue 0n all construction and project plans. d. The drainage plan Sh8U ensure that there is no increase in the rote of storm water run-off leaving the site above the current /pnedev8|Vpnnent\ levels. The developer's engineer shall: 1) \/Rrhy inlet and pipe capacities. C2\ Submit drainage design t8lcV|GLk}nG. e. A landscape plan for the areas along the street, including the rainwater gardens and the cul-de-sac island. The coniferous trees shall be at least six feet tall and any deciduous trees shall U88t least 21 /2 inches iOdiameter. I Change the plat osfollows: 8. Add drainage and utility easements GS required bv the city engineer. b. Show drainage and utility easements along all property lines onthe 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. o. Label any common areas 8sout|OtS. d. Label the new street 8G Dahl Avenue on all plans. e. As may be necessary to ensure that houses on Lot 8, Block 1 and Lot 1. Block would be8t least 1UO feet from the pipelines. 4. Pay for costs related to the engineering department's review of the construction p|@Da. 5. Secure and provide all required easements for the development including wetland buffer easements and any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. 6. The developer shall complete all site grading and retaining vv8|| construction. The city engineer shall include in the developer's agreement any grading that the developer O[contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: 8. Complete all grading for overall site drainage, install all retaining vx8US, install the landscaping for the rainwater gardens and the Cu|-d8-88C island, install mil2dher City Council Meeting 02-23-04 necessary improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Linwood Avenue (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all the requirements of the City engineer. 8. Submit the homeowners' association bylaws and rules to the director of community development. These are ho assure that there will be one responsible party for the nn8int8n8nC8 of the COnnnnnn areas, landscaping and retaining vv8||s. 9. Record the following with the final plat: 8. All homeowners' association documents. b.A covenant or deed restriction with the final plat that prohibits any driveways on Lots 1 through 0. Block 1 and Lot 9, Block 2from going onto Linwood Avenue. c. A covenant or deed restriction that prohibits any further subdivision Vr splitting of the |OtS Or p8[CG|S in the plat that would Cr88b8 additional building Sib8a un|SSS approved bv the city council. d. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining vv8||3. 8. Deeds transferring the ownership of{)uUnts Aand B to the city. The city will accept ownership of these outlots in lieu of charging PAC (park access charges) with the building permits. All wetland and wetland buffer easements. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 0. Obtain 8 permit from the Ramsey-Washington K88in} Watershed District for grading. 10. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency MPCA). 11. Submit to city staff a copy of the written permission from the pipeline company for any grading nr construction within the pipeline easement. 12. The property owner shall submit a petition to the city requesting the installation of the public improvements. 13. |f the developer decides LV final plat part of the preliminary plat, the director Cf community development may waive any conditions that d0 not apply Lo the final The developer must complete these conditions before the city issues agrading permit Or approves the final plat. 13 City Council Meeting 02-23-04 Seconded bvCOUnCi|nlenlb8rROsSb@Ch | Councilmember Koppen moved to adoot the following zoning mag change resolution from F (farm Residence) to R-1 (single Dwelling Residential) for the proposed Woodhill plat on the south side of Linwood Avenue: ZONING MAP CHANGE RESOLUTION 04-02-035 VVHERE/\S, MmoevvOOd city staff i3 proposing to change the K48o|evvoOd zoning nnop from Farm Residence (F)b] Single-Family Residential /R-1\. WHEREAS, this change applies tO the property located 8t2518 Linwood Avenue iDthe north one-half of Section 13, Township 29 Range 22, in K8@p|8vvo0d, k8inD8S0t@. WHEREAS, the property owner is proposing t0 plat the property into 15 lots for single dwellings. WHEREAS, the proposed development iS known S8VVOodhi|| and the new legal description will be: Lots 1 through 6, Block 1, and Lots 1 through 9, Block 2, Woodhill. WHEREAS, the history of this change is as follows: On February 2, 2004. the planning commission recommended that the city council approve the zoning map change. 2. (]D February 23. 20O4. the city council held 8 public hearing. City staff published @ notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning COnnnnisSiOn. NOW, THEREFORE, BE|T RESOLVED that the city council approve the above- described The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure 8rd8tn][tfn}mLheUG80fneighboring 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 nonegative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, S8vverG, police and fire protection and schools. 5. The owner has plans to develop this property for lots for single-family houses. Seconded bvCOUnCi|nlenlb8r ROsSb8Ch | 14 City Council 02-23-04 Attachment 6 From:Erin Laberee Sent:Thursday, April 13, 2006 1:38 PM To:Ken Roberts Subject:Woodhill Ken, I visited the Woodhill site on Tuesday, April 11th, 2006 to inspect the wetland mitigation requirements Northpine agreed to do. The following items were required of them: 1) Remove sediment from the eastern wetland that was deposited when the silt fence was breached. Disturbance in the wetland must be kept to an absolute minimum. 2) Create an additional 500 square feet of wetland in the eastern wetland by excavating the area flagged by staff, just north of the existing wetland. 3) Remove trees flagged by city staff. To prevent resprouting, all cut stumps shall have Garlon painted on the stumps within 15 minutes of cutting. (25 % -42% Roundup may be substituted if temperatures are above freezing.) 4) A wood weir shall be constructed to retain an additional foot of water in the eastern wetland. 5) All disturbed area shall be covered with an erosion control blanket and seeded with a temporary cover crop mixed in with a native grass as specified by Ginny Gaynor. 6) A gradual infiltration basin shall be created north of the western wetland. 7) The gully that was created when the silt fence was breached shall be filled in, protected with erosion control blanket, seeded with a temporary cover crop and a native seed mix. If the native seed mix does not establish, plugs will be required. All of the above requirements have been completed. Staff will inspect the native seeding this summer and fall to determine if additional plugs are required. Staff will also monitor the infiltration basin just north of the westerly pond to ensure it is adequate in size to slow runoff flowing to the wetland. Erin IN Agenda Item 16 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Bill Priefer, Public Works Operations Analyst SUBJECT: County Road D Extension (Hazelwood to TH 61), City Project 02-07, and County Road D Extension (West of TH 61), City Project 02-08: Approve Resolution for State Aid Variance 17-1 % 9 411111111111111111 ITT9 - " I, P7W , INTRODUCTION It is necessary to request a variance from State Aid rules in order to secure State Aid funding in the amount of $3,010,260 for the County Road D Extension projects, City projects 02-07 and 02- 08. LmoI State Aid rules require that the plans and specifications for Municipal State Aid funded projects be approved by Mn/DOT before bids are opened by the city. However, in order to advance both city projects, bids were opened before the plans and specifications were approved by Mn/DOT. Now, in order to secure the eligible funding, a variance must be approved by the State Aid Variance Committee at the December 14, 2006 Variance Committee meeting. In order to approve the variance request, a certified resolution must be forwarded to Mn/DOT requesting the variance. Z1 *6141 LY, I LY, 1:4 Z I BY-A 1 [01 Z It is recommended that the City Council approve the attached resolution requesting a variance from State Aid Operations Rules for the County Road D Extension projects, County Road D Extension (Hazelwood to TH 61), City Project 02-07 and County Road D Extension (West of TH 61), City Project 02-08. Attachments: 1. Resolution 2. Location Map RESOLUTION REQUEST FOR VARIANCE FROM STATE AID OPERATIONS RULES — CHAPTER 8820 — ELIGIBILITY FOR FUNDING FOR COUNTY ROAD D EXTENSION PROJECTS (MSAP's 138- 112-05, 138- 121 -03 AND 138- 020 -29) WHEREAS, the City of Maplewood opened bids in advance of receiving state aid approval of final plans and specifications for the County Road D Extension projects (MSAP's 138 - 112 -05, 138 - 121 -03 and 138 - 020 -29), and WHEREAS, said approval is required by State Aid Rules Chapter 8820.2800 subpart 2 to be eligible for municipal State Aid funding, and WHEREAS, it was necessary to open bids early to further advance the County Road D Extension projects, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the council hereby requests a variance from said rules and directs the City Engineer to appear before the State Aid Variance Committee and explain the need for variance and the reasons why the project was let before State Aid approval was given. r rk , CWN'ry RoAp REALIGNMENT SFGMtNT I D D a r Agenda Item L1 TO:City Manager FROM:Ken Roberts, Planner SUBJECT:Alley Vacation LOCATION:Between Frost and Fenton Avenues and between Walter Street and Pho|anP|oon DATE:November 28.2008 Ms. Judith Driscoll Of189S Walter Street iS proposing Ul8tthRcitvv8c8t8@DSxiSbOg8]ksv.This unused alley runs north and south b8bw8SD Frost and Fenton Avenues and is between VVo|tRr Stn8RL and Pha|Hn P|G&8. K8S. OhscV|| vv8nLS the city [0vacate this 8||Hy because it has not been used in several years and 3O she would have additional private property behind her existing house. (Please see the applicant's statement on pages three and four and the maps and plans on pages five through seYen.\ DISCUSSION The city acquired the alley in question many years ago when the developer [f the Kavanagh and D8vvSVn'8/\dditinn recorded the final plat with Ramsey County. M8. [>hsCOU is requesting the alley vacation because her existing house is set near the rear of her property. By having the city vacate the alley, she (and her neighbors) will acquire 8n additional ten feet [f land along the rear sides of their properties. Neither the city nor the developer of the neighborhood ever paved or improved the alley. Jon J@rOaChOf the city engineering department reviewed this request. (Please see his comments on pG08 eight.) He stated that the city does not have 8 need for the 8U8y in qUSSt0O. He noted, however, there is 8 low area near Fenton /kxenU8 that could collect s[0nn water. Part of the |ovv area appears to be in the alley. As such, he is recommending that the city keep o drainage and utility easement over the entire vacated alley. Such 8n easement also would accommodate the needs of }{C9| Energy for their existing pVvv8r lines. The property owner 8L1807Ph8|en Place, Mr. BV8h|nl8n,is asking the city to keep 8L least part 0f the alley |n place from the rear 0f his property LO Frost Avenue. This iSS0he may have access to the rear of his property. (Please see his survey comments on page ten.) As Ms. Driscoll notes in her statement, the city could vacate the part Vf the alley from Fenton Avenue north b} the north property line of her property and then keep the remainder nf the alley inplace (the north 113feet) for the access tO Frost Avenue. The city and the adjacent property owners have no plans to build an alley or public utilities in this location. Maplewood has no plans to develop or use the existing alley for any type of public access. On November 20, 2006, the planning commission recommended approval of the proposed alley Approve the resolution Vn page 12. This resolution k5 for the vacation Vf the north-south alley that is between Frost and Fenton Avenues and is between Walter Street and Phalen Place the north 113 feet adjacent to Frost Avenue). The reasons for the vacation are as follows: It is in the public interest. 2. The city and the property owner do not need or use the alley in question for street, 8CCeSs or public utility purposes. 3. The properties adjacent t0 the alley have 8d8OV8LH street access. This vacation is subject to the city keeping a drainage and utility easement over the vacated alley. REFERENCE INFORMATION Application Date The city received the complete application and plans for this request on October 24, 2006. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, city action is required on this proposal by December 22, 2006. P:\moo10V\lley Vacation (drboo|) 2000 Attachments: 1. Applicant's Statement 2. Location Map 3. Address Map 4. Property Survey 5. Comments from Jon Jamach dated November 2.2OOO 0. Letter dated November 2.2000 from Xcm|Energy 7. Survey Comments from Edward Buoh|mon 8. Letter dated October 30.20OO from Wayne Sachi Q. Vacation Resolution Judith Driscoll 1896 Walter Street Maplewood, 'NlN 55109 OCT October 12, 2006 RE CE I VED Members of the Maplewood City Council 7 \4aplewood City Hall 1830 County Rd B Maplewood, MN 55109 Re: Vacation of Alley running parallel to Walter Street and Phalen Place from Frost Avenue to Fenton Place, Dear Council Members: 3 my lot. This would allow Mr. Buebirnan to reach the gate to his backyard fence via the remaining sedion of alley, I thank you for your time and attenrion in the consideration of this request, Please do not hesitate to call me at 612 9612199 ("11) or 651 793 9495 (home) should you have any questions, Attacrment 1 c 0 pol 01 N Attachment Attachment 5 Page I of I M A 6 Xceltr: City of Maplewood Ken Roberts 1830 County Road B East Maplewood, NIN 55109 To Whom It May Concern. 1700 East County Road E White Bear L,ake, Minnesota 55110-4658 Xcel Energy has no objection to the easement vacation requested byJudith Driscoll of 1896 Walter Street, However, Xcel Energy retains the right to maintain and operate the existing Electric facilities in the proposed vacated easement.. If you have any questions please feel free to call me at 51-779-3122, N At7-achment 7 October 27, 2006 F.DW.kpD BU-EHUv1,k-\- 1907 pHALFN-'?L pAL 5 5 09 hA hrnnn-,M vacation. 2. Call me at (551) 249-2303 or e-mall me at Ken.Roberts@Cl.Maplewood.MN,U8, It NEW OFFICE OF COMMUNITY DEYEL P N i 1-249-2300 FAX: 651-249-2319 CITY OF MAPLEWOOD 183 0 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 October 30, 2006 To Mr, Kenneth Roberts Planner City of Maplewood 1830 County Road B East Maplewood, NN 55109 From: Wayne Sachi I 100 Frost Ave. Maplewood, MN 55109 Re: Request for alley vacation by Ms. Judy Driscoll, 1896 Walter St. Wayne Sachi II WHEREAS, Ms. Judith Driscoll of1896Walter Street applied for the vacation of the following alley: That north-south alley iO Block 3 Kavanagh and D@vvaOn's Addition hJ Gladstone, that iS between 8 point 113 feet south of the south right+}f-vv8y line Cf Frost Avenue and the north hghL+}f- vvoy|ineOfFent0nAvenueondbetwx*en\A/8|barGtneet8DdPha|enP|ooe8Sshownonthep|otOf Kavanagh and Dawson's Addition, Ramsey County, Minnesota (in Section 16, Township 29, Range 22). WHEREAS, the history of this vacation is as follows: 1. On November 20, 2006, the planning commission held a public hearing about this proposed vacation. The city staff published o notice iD the paper and sent notices k]the surrounding property owners. The planning commission gave everyone 8t the hearing 8 chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the vacation. 2. {}n December 11,2UU0, the city council reviewed this proposal. The council also considered reports and recommendations of the city staff and planning commission. WHEREAS, after the city approves this vacation, the public fee title interest in the property will go to the following described properties: 1. 19OYPhS|8nPlace PIN 1 18) 2. 188SPh8|8OPlace PIN 1 11) 3. 18Q3PhG|8DPlace PIN 16-29-22-42-0012) 4. 1101 Fenton Avenue PIN 1 013) 5. 1896 Walter Street PIN 16-29-22-42-0014) NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: 1. It is in the public interest. 2. The city and the property owner Uo not need or use the alley in question for street, access Vr public utility purposes. 3. The properties adjacent to the alley have adequate street access. This vacation is subject to the city keeping a drainage and utility easement over the vacated alley in question. The Maplewood City Council adopted this resolution on .2008. Agenda Item L2 Wei :4 Applicant: Semper Development, representing Mogren Landscaping and Walgreens Location: Northeast Corner of Beam and White Bear Avenues Existing Zoning: Limited Business Commercial Existing Land Use: Limited Business Commercial Proposed Zoning: Business Commercial Proposed Land Use: Business Commercial City Council Hearing Date: December 11, 2006 60-Day Deadline: December 18, 2006 Project Description: Semper Development, representing Mogren Landscaping and Walgreens, is proposing to construct a 14,738-square-foot Walgreens retail store with a drive-through pharmacy on a vacant lot located on the northeast corner of Beam and White Bear Avenues. The proposal includes subdividing the 2.83-acre lot into two lots. The western lot will be sold to Semper Development for the development of the proposed Walgreens and the eastern lot will be retained by the Maplewood Financial Center (Premier Bank) for future development. Requests: The property is zoned and guided in the city's comprehensive plan as Limited Business Commercial (LBC), which allows for offices, medical or health-related clinics, day care centers, or similar uses. In order to operate a retail store and pharmacy from the newly subdivided western lot, the proposal also includes a request for a comprehensive land use plan and zoning map change to Business Commercial (BC). In addition, the applicant is requesting a lot division and design review for the project. Recommendations: The planning commission recommended approval of the lot division, comprehensive land use plan change, and zoning map change at their November 20 meeting. The community design review board recommended approval of the design review for the project at their November 28 meeting. Staff also recommends approval of the overall project with several conditions as outline in the report. MEMORANDUM TO:Greg Copeland, City Manager FROM:Sh@nD FiOVV@lL /\ICP Planner SUBJECT:Walgreens Retail Store and Drive-Through Pharmacy LOCATION:Northeast Corner Of Beam and White Bear Avenues DATE:December 4.2006 for the December 11 City Council Meeting Project Description SS[npe[ Development, representing Moo[8n Landscaping 8DdVV@|gr8BnS.iapnJp0ainA O construct G 14.738'sqVare-h]OLVV8|gn8RnG retail store with 8 dhvR-UlnDUQh pharmacy on8 vacant lot located On the northeast corner [f Beam and White Bear Avenues. The pr0p0S8| includes subdividing the 2.83-aone lot into two lots. The western lot will be sold to Semper Development for the development of the proposed Walgreens and the eastern lot will be retained by the Maplewood Financial Center (Premier Bank) for future development. The property is zoned and guided inthe city's comprehensive plan 86 Limited Business Cornnneroig| (LBC) which o||ovvS for offices, medical or health-related C|iniCs, day care centers, or similar U888. In order to operate a retail GiOne and pharmacy from the newly subdivided western lot, the proposal also includes a request for a comprehensive land use plan and zoning map change ho Business Commercial (BC). Requests To build this development, the applicants are requesting that the city approve the Lot division in order to subdivide the 2.83-acre |[t into two G8p8r8LR lots. 2. Comprehensive land use plan change from LBC to BC. 179 1971 0011 "1 021 4. Design review. BACKGROUND May 28.2OU4: The City Of Maplewood received complete land use applications from the Maplewood Financial Center (Premier Bank) for a comprehensive land use plan change, zoning map change, and design review for a proposed Walgreens retail store and pharmacy and a future office building to be located on the northeast corner of Beam and White Bear Avenues. City staff soon received notice from the underlying property owner K80gr8n Landscaping) that Maplewood Financial Center's lease 0n the land did not allow the development of a pharmacy and that they were disputing the applicants' request to rezone the property. City staff notified the applicants of this issue and discontinued processing the permit until the applicants were able hJ obtain the underlying property owner's permission to rezone or a court order which directed the city to proceed. May 1O.2805: AcoUrt order was given that effectively denied K4oQnenL8ndGc8ping's request to stop the rezoning process by finding that Maplewood Financial Center could develop the leased premises for any |@vvfU| purpose." With this COUd Onder, city staff began processing the land use applications again. July 1O.2005: A court order was given that effectively denied MOgF8OLoDdSC8ping'S request for 8 LennpOn8ry injunction and L8rnpon8ry restraining order to require the city to stop processing and/or granting the applicant's rezoning request. Given the requirements of Minnesota St8tUtea, Section 15.99 which require cities to process o land use application within 60 days, city staff was compelled to continue with the land use application oa requested by the applicant. July 18,2OO5: The planning commission reviewed and recommended approval ofG comprehensive land use plan change and a zoning map change from LBC to BC for the west 29U feet 0f the vacant property. July 20.20O5: The C0RB reviewed and recommended approval 0f the design review 0f the originally proposed VVG|gr89nS retail store and pharmacy. The C[)FlB made this recommendation based on the condition that the building elevations be improved and resubmitted to the C[}RB. July 2Y.20U5: After review Vf the city's ordinances and Minnesota case law, the city attorney's office submitted @ legal opinion to city Staff which stated that the city should stop action or deny the applicant's zoning map change request on the rationale that the applicants have n0 standing to file for such zoning map change. August 8.20U5: The city council denied the applicant's request for @comprehensive land use plan and zoning map change from LBCtOBC for the west 29O feet 0fthe vacant property based on the city attorney's legal opinion which stated that: 1)K8og[GO Landscaping is an owner of the land holding the fee iiU8 interest and 8 fU|| reversion in the lease; 2\K8Ognan Landscaping opposes the comprehensive land use plan and zoning map change; 3) the Maplewood Financial Center is not an exclusive owner of the property; and 4\ there iSnO agreement between the owners regarding the comprehensive land use and zoning map change. DISCUSSION This project vv8Gr9v8vvedon9ye8r8goincombinaUOnwith8p bank project tV be |OCGL8d on pFUpBhv t0 the east of this site. This project is now presented as G stand alone VV8|gpeens retail store and pharmacy on its own lot. The applicants have noplans ot this time for the property ho the east. The previous ground lease on the property, which was the result Oflegal proceedings described in the background Section above, has been modified to8 purchase of the land. FFA Lot Division The applicants are requesting a lot division in order k} subdivide the 2.83-aCr9 vacant lot into two lots. The westerly 1.54-a[re lot (Parcel A) will b8developed with the proposed VV8|grBeOS retail store and pharmacy. The easterly 1.3-acre lot (P8[CB| B) will be retained by the Maplewood Financial Center for future development. City code allows lot divisions which create three or less |OtG LO be handled administratively. Since this project requires other land use approvals, staff is recommending that the city council take action on the lot division request as well. Conditions of lot division approval should include the owner dedicating easements to accommodate utility, access, and roadway over Parcel AGsfollows: 1\ utility easement on the east side of Parcel A to accommodate the relocation of storm sewer and water main from Beam Avenue hJ the property to the north (2Q5OWhite Bear Avenue); 2\ access easement on the east side of Parcel A to accommodate access to the property to the north (295O White Bear Avenue) and the property tO the east (Parcel B);3\ relocation of access easement on the north side of Parcel A and the south side of the property to the north (2950 White Bear Avenue) to accommodate the driveway located on the north side of the Walgreens' building and the shared curb cut on White Bear Avenue; and 4) a ten-foot-wide roadway easement along White Bear Avenue the entire length of Parcel A to accVnlnnVdaL8 for future n}8dvv8y widening. Limited Business Commercial Zoning The LBC land use and zoning designation allows for limited commercial uses including offices, medical or health-related c|iniCs, and day Cane centers. This type of designation has been historically placed on property that is adjacent residential uses to ensure no negative commercial impacts t0surrounding residential properties. There are residential uses located across Beam Avenue as well as the Maplewood Heights city park adjacent the property to the east. To construct 8 retail store and pharmacy on the property the city must change the comprehensive land use plan and zoning map on the property to BC. The applicants are requesting this change Vn the newly subdivided western lot F`GrC8| A\; with the eastern lot (Parcel B) to remain the existing LBC land use and zoning designation. Comprehensive Land Use Plan Change The city does not have any specific criteria for comprehensive land use plan changes but any such change should be consistent with the goals and policies iDthe comprehensive plan. |n this case, there are six land use goals and eight development policies in the plan that the city should consider when reviewing this request. The applicable land use goals include: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs, and provide desirable services. 3 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 0. Prevent premature use, overcrowding, or overuse of land, especially when supportive services and facilities such as utilities, drainage systems, or streets are not available. The applicable development policies (to implement the plan goals) include: 1. The city will not approve new development without providing for adequate facilities and services, such 8s sLne9t. Vd|iLi8G, drainage, parks, and Open space. 2. Safe and adequate access will be provided for all properties. 3. Transitions between distinctly differing types of land uses should not create a negative economic, social, 0[ physical impact 0n adjoining developments. 4. Whenever possible, changes in types of land use should occur so that similar uses front 0n the same street 0rat borders of areas separated by major man- nnad8OrnatUn8| barriers. 5. The city coordinates land use changes with the character Of each neighborhood. 0. Group compatible businesses in suitable areas. 7. Avoid disruption Uf adjacent Or nearby residential areas. The proposal to change the comprehensive land use plan for Parcel A meets all of these goals and development policies. Zoning Map Change Amajority of the properties along White Bear Avenue, north of Beam Avenue, are zoned BC and include higher-impact uses such as restaurants and retail facilities. The development Vf8VVa|gne8n8 retail store and pharmacy On the portion Vf the property adjacent White Bear Avenue is consistent with the existing land uses and character of the area, including the White Bear Avenue corridor. Design Review In conjunction vviththe|Ot8rSt8te0S4inlp[0v8nl8nbSSChRdubedh3r20OO Bear Avenue iS proposed 8s8 six-lane roadway. TO ensure these improvements are possible and ensure better traffic flow and access to and from this property, the city is requiring that the applicants grant to the city 8 ten-foot-wide right-of-way easement along White Bear Avenue. The site plan reflects this easement. 1H CVrbCVLs/Dhvevv8Vs There are two existing curb cuts into the property, one along Beam Avenue and one along White Bear Avenue. The site plan shows the widening Of the Beam Avenue curb cut k}J2feet. This curb cut will b8 shared bvVVo|Q[8eOS the future development OD Parcel B, and the retail center to the north. The Site plan also shows the nernov8| of the White Bear Avenue curb cut on the property, with the relocation and expansion of the existing curb cut accessing the retail center to the north. This will create one shared curb cut for the two properties onto White Bear Avenue. Both shared curb cuts will b8 covered under the proposed access easements as described in the lot division section of the report. Sidewalks There is an existing Gid8vva|h |oC8t9U along White Bear Avenue which will remain with the development proposal. The site plan also shows 80-fo0tvvide concrete sidewalk tO b8 located on Beam Avenue, extending the entire length Of Parcel A. Since the city iS reviewing the overall site (Parcels A and B\, staff recommends that the applicant construct the sidewalk along the entire length of both parcels. White Bear Avenue iG scheduled for reconstruction in28U8. The intersection atWhite Bear and Beam Avenues will also beaffected. |n lieu Of constructing G sidewalk 0O Beam Avenue at this time, the applicant should submit an equivalent dollar amount to the city for this work LO be cOnnp|9L8 in 2008. FlRC0nGtnJCLion of the existing White Bear Avenue sidewalk, if needed, will be accomplished ga part of the overall street project. Site Layout The building and parking |0t meet orexceed required setbacks of 30 feet and 15 feet to the hght-of-vv8yrespectively. The proposed two-lane drive-through pharmacy iS proposed on the east side [f the building with entrance from Beam Avenue and exit onto White Bear Avenue. City code requires retail stores to have one parking stall per 20Osquare feet of retail space and one parking stall per 1,008 square feet Vf storage space. TheVVa|gr88n8 development requires 03 parking stalls based OD these requirements. The applicants are proposing 63 parking stalls, which includes four handicap accessible stalls. The parking stalls will be 10 feet wide by 18 feet deep, which nn89Ls city code requirement for g nabai| (high turnover) use. Landscaping The landscape plan shows 18 trees, including 14 deciduous trees and 4 ornamental trees, and 54shrubs. The plan also calls out underground irrigation foro|||ondSCapin8 aS required hvcode. Staff recommends the following additions/changes b}the landscape plan: 1. Twenty additional shrubs and forty perennial plants tOb8 planted along Beam and White Bear Avenues. 5 2. Any disturbed land on Parcel B must b8 planted and maintained with sod 0r native prairie grasses until the development of this portion of the property in the Lightinq City code requires the submittal O[8 lighting 8ndoh0tometricsp|8nvvhidlenSVreG8U freestanding lights maintain a height of25 ha6d or less and that the maximum foot candies of illumination at all pn}p8Mx lines does not exceed A-foot-candles. The lighting and photometrics plan shows four freestanding lights (25 feet in height) and four wall pack lights. There is8n area along the Beam Avenue property line which exceeds the light illumination maximum slightly (.8-f00t-c8nd|8S). The ph0tOnn9tricS plan should be revised t0 ensure the light illumination at all property lines does not exceed A-fnot- S8nd|es. DumDster Enclosure The location of the two proposed dVrnonter enclosures iSOn the northwest side [fthe building. The enclosures will be eight feet in height, constructed of face brick to match the building, and will have cedar enclosure gates. The city's sign Cnd8S that all multi-tenant buildings (buildings with five Ormore tenants) must be reviewed by the CDRB for approval of a comprehensive sign plan. All other signs are approved administratively and nnVsL comply with the Sign requirements of each specified zoning district. If this site is rezoned to BC, the sign code would allow up to five signs on this property. The size of the wall signs would be limited to 20 percent of the gross wall area on which the sign isattached. Freestanding signs are limited to25 feet in height (height can be increased with increased setbacks\, nnVSt maintain a 10-hJVt setback tV all property lines, and can be Up to 300 SqU@F8 feet in @n88. No signs which contain blinking or flashing lights are allowed, unless associated with public service messages such 8s8bank's time and temperature sign. In addition, 8freesL8nding sign located on an intersection must meet the city's visibility requirements and maintain @25-h]Vt triangular clearance from the intersecting rights-of-way. The 2OO5VV@|orSRnS' proposal included @25-foJt-hi hSigDhJbG|0C@tHd0lUleQJ[DG[ of Beam and White Bear Avenues. The sign was proposed with Gn89'sqUare-foxJ sign t8c8 and a 36-square-foot electronic reader board face. During the CDRB's review of the CVS Pharmacy located on the corner of County Road B and White Bear Avenue in 2005 the CDRB expressed concern over the size of CVS's proposed sign in relation to the size of the proposed building and the surrounding properties. CVS had proposed a freestanding sign which was similar in size and height t0VV8|greens' original freestanding sign pn3pQ8@|. While the city's SiQD code does not require 8pppOv8| of single-tenant building signs by the C[}RB. the city's CDRB ordinance does state that the CDRB is charged with reviewing the general architectural C0D3ider@tiOOS of Con0[n8n:i8| site including the CO|0r3 and [n@tBriG|3 to be used in the site, the physical and architectural relationship Ofthe pnOp0S8d structures with existing M and proposed structures in the area, and the appropriateness Of"graohiCs" toLeused 0n the site. The ordinance further states that the CDF<B may recommend any actions that it deems reasonable tV its action Vfapproval. Because of the prominent location of this site as the entryway into the Maplewood Mall area, the site location on two major interG9CLions Beam Avenue, city staff finds it reasonable for the CDRB to make recommendations on the size of the and architectural design of all signs on the Walgreens' development as part [f its action Vfapproval. For this reason, staff recommends all proposed signs for the VVo|gnenn'n development be reviewed and approved by the CDRB. Based on staff and the CDRB's concerns expressed about the size and style of the sign proposed in 2005, the applicants are now proposing a 15-foot-high monument style sign to be located on the corner of Beam and White Bear Avenues. The sign will be constructed of face brick and manufactured limestone to match the building and will include an 18-SqU8nS-fU0tVV8|gre8OS Drive Through Pharmacy sign and 8 42-SquGrR- f0Ot manual reader board sign. |D addition the applicants are proposing eight walls signs including four VV8|grHens signs on all elevations (each 52 square feet in8peG\.two one hour photo signs (each 21 square feet in one8) and two pharmacy signs (each 18 square feet in area) on the west and south elevations. All wall signs t0be constructed Of individual letters which are internally illuminated. Staff commends the applicants for their revised 2006 freestanding sign which is attractive and compatible LO the building. The sign iG also consistent with the approved freestanding sign for CVS. However, staff does not see o need for VVa|Qreen3ai8noge on all elevations and recommends the removal of two of the signs on the north and east elevation as part Vf the design review approval. Building Elevations The exterior of the building will be constructed with face brick, smooth faced nn8nVh]CtVr8d |inn9stVne. clear anodized 8|VnninVnn storefront windows, and standing seam roof awnings. The 2008building elevations also propose G31-fOot-highentry tower with g|oSS e|S[nSDtS GS requested by the C0RB in 2005. Staff recommends that the south and west elevations (Beam and White Bear Avenues) be revised t0 have the windows begin two feet from ground grade. This can be accomplished by the addition [f true or false windows. This will give the windows more 0f8 human scale appearance. COMMITTEE ACTIONS November 20 The planning commission recommended approval Of the lot division, comprehensive land use plan change, and zoning map change (Attachment 24). November 28,20O8: The CDRB recommended approval Of the design r8vew for Walgreens (Attachment 25). 7 CITIZEN COMMENT Staff surveyed the 39 property owners and managers 0f businesses within 5O0 feet Of this property for their comments on the proposed development. One property owner responded oSfollows: Linda Barber, 2U4O Beam Avenue, indicated that she was in favor of the Walgreens retail store and pharmacy. Watershed District: Tina Carstens, permit program coordinator, states that the Ramsey/Washington KXEtn} VV8t9r8heU District n]0ek/ed 8 permit application for this project in 2004. Thepermit went before the watershed district board and was approved pending the receipt of a maintenance agreement for the stormwater treatment device. The agreement was never submitted and the permit was never issued. The applicant will therefore be required to resubmit an application to the watershed district for the new project. The applicant will be required to comply with the vv8t8rGh8d district's new [U|eS and standards that were adopted this year. Building O8p8rtnn8nL: [)8v9 Fisher, interim community development director and building official, reviewed the development proposal and has the following comments: 1) the city will require complete building code analysis when the construction plans are submitted to the city for building permits; 2) all exiting must gVtV 8 public way; 3\ provide adequate fire department access t0 the buildings; 4) provide fire sprinklers t0NFPA 13; 5\ |vvOU|d recommend o pre-construction meeting with the contractor, the project nnonGQ8[GDdthS city building inspection department; 6) verify the lighting is kept on site within the city ordinances; 7) verify location of the monument signs so they are not installed within the 25-foot site triangle; 8) provide structural engineering on the attachment of the signs to the building and the monument sign over six feet inheight. Fire Department: Butch G8rv8iS, fire marshal, reviewed the development proposal and has the following cOrnrn9ntS: 1) install fire protection per code; 2\ monitor fire protection system per code; 3) minimum width 20 feet access road; 4) properly protect any gas or e|8{triC8| equipment that is located in any traffic area. Police Department: Lieutenant Kevin R@bbett recommends the standard surveillance lighting nvnienn for commercial buildings and 8 high-quality video recording system b} be installed (especially covering the pharmacy area) because of the potential for prescription forgery and robbery incidents. VA Approve the lot split boundary exhibit date stamped October 5, 2006, for a lot division request to subdivide the 2.83-acre lot located on the northeast corner of Beam and White Bear Avenues into two lots. Lot division approval is based on code requirements (Section 34-14 - lot divisions) and is subject to the following: a. Submit a revised survey to staff for approval which shows the following: 1 ) Legal descriptions of Parcels A and B. M 2) Location and legal description of8 utility and access easement on the east side of Parcel Ab} accommodate utilities and access for the property b] the north /295O White Bear Avenue) and access for the property to the east (Parcel B). 3) Location and legal description Of8n access easement on the north side Of Parcel A and the south side 0f the property tO the north 2S5O White Bear Avenue) to accommodate the driveway located on the north side of the VVa|gn]en8' building and the shared curb cut on White Bear Avenue. 4) Location and legal description of8ten-foOt-wid8roadway easement along White Bear Avenue the entire length of Parcel A to accommodate for future roadway widening. b. Deeds describing the two new legal descriptions for Parcels A and B. including the required utility, access, and roadway easement descriptions described above. C. Deeds must be recorded with Ramsey County within one year of the date of |VL division approval or the lot division will become null and void (city code requirement). d. Prior to issuance [fG grading Or building permit for the proposed VV8|Qreena retail store and pharmacy 0n Parcel A, the following must be submitted to staff for approval: 1\ Proof that Ramsey County has recorded the deeds. 2\ A signed certificate of survey for Parcel A showing the location of all property lines, bui|din8, p8rkin8, driveway, freestanding sign. and easements. 2. Adopt the comprehensive land use plan change resolution (Attachment 22). This resolution changes the comprehensive land use plan for the newly subdivided 1.54 acre western lot (Parcel A) on the vacant lot located on the northeast corner of Beam and White Bear Avenues from Limited Business Commercial (LBC) to Business Commercial /BC\. The city is making this change because itwill: 8. Provide for orderly development. b. Protect and strengthen neighborhoods. C. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. d. Minimize the land planned for streets. 8. Minimize conflicts between land uses. N Prevent premature use, overcrowding, or overuse Of land especially when supportive services and facilities, such gS utilities, drainage systems, Or streets are not available. Q. Help to i[no|SOleDt the gU@|S of the CO[nprRhSDaive plan including: 1) The city will not approve new development without providing for adequate facilities and services, such 8sstreet, uti|iti93, drainage, parks, and open space. 2) Safe and adequate access will bB provided for all properties. 3\ Transitions between distinctly differing types of land uses should not create 8negative economic, social, Or physical impact On adjoining developments. 4\ Whenever possible, changes in types 0f land use should occur SO that similar USRS front on the SGnnH street or at borders of areas separated by major man-made or natural barriers. 5) The city coordinates land use changes with the character nfeach 6) Group compatible businesses in suitable areas. 7) Avoid disruption of adjacent or nearby residential areas. 3. Adopt the zoning map change resolution (Attachment 23). This resolution changes the zoning nn8p for the newly subdivided 1.54 acre vv8sLRrn |0t (Parcel A) on the vacant lot located on the northeast corner Of Beam and White Bear Avenues from Limited Business Commercial (LBC) to Business Commercial BC). The city iS making this change because: 8. The proposed change is consistent with the spirit, purpose and intent 0f the zoning code. b. The proposed change will not sUbatonU8|k/ injure or detract from the use f neighboring pn]p8rtvVrfr0nnthe character Vf the neighborhood and the use O| the property adjacent tO the area included iO the proposed change or plan is adequately safeguarded. C. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. The proposed change would have Do 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. 4. Approve the plans date-stamped October 2, 2005 for the VV8|AreenS retail store and drive-through pharmacy t0be located On the northeast corner 0f Beam and White Bear Avenues. Approval iS subject h] the applicant doing the following: is 3. Repeat this review in two years if the city has not issued o building permit for this project. b. Prior to iSsuGDC8 of grading or building permit, the applicant must submit to staff for approval the following items: 1\ Revsedgradino/dneinaoe/ub|hty plans which comply with all city engineering department requirements 88 specified inthe November 20.20O0. engineering report including, but not limited to, the granting 0fo[ight-Of-vv8y easement along White Bear Avenue and the submittal of8n escrow L0the city b}ensure construction of six-foot-wide sidewalk along the entire length Of Beam Avenue tobe complete by the city in2OU8. 2) Revised site plan showing 8Six-hJot-wde sidewalk extending the entire length Of Parcel A and Parcel B along Beam Avenue and 8 bike rack to be located near the building entrance. 3) Revised landscape plan showing the following: e\ Twenty more shrubs and forty perennial plants t0bR planted along Beam and White Bear Avenues. N Re-establishment of any disturbed land onParcel B with sod or native prairie grasses 4\ Revised elevations osfollows: south and west -windows constructed two feet from the sidewalk with the bottom half ofthe window (portion of the vvind0vv two feet from sidewalk t0 top of door elevation) shall be spandrel glass with vision glass above; aemt — drivo-thnouQhotandinganonnnooftobo|inemrine|evoUon rather than gabled. |n addition, show all elevations with proposed roof-top equipment t0 verify that the roof equipment will not extend beyond the parapet walls. 5) A revised lighting and photometrio3 plan which shows that the overall illumination from outdoor lights does not exceed .4-foot- candles G) Obtain a permit from Ramsey County for construction on county right-of-way for the driveway access, utility work, and sidewalk. 7) Watershed district approval if revisions warrant a new review. H) A cash escrow or8n irrevocable letter Of credit for all required exterior improvements. The amount shall be150 percent ofthe oOSt of the work. C. Si nogS0ntheprOp8dviSp8rt0fthedeSiQDrSvievv8ppr0v8|@ndiS subject to the following sign criteria: 11 1\ One freestanding sign b}bR located on the corner of Beam and White Bear Avenue. Freestanding sign LObe8rnaxnnVnnCf15 feet in height, 68 square feet in area, maintain 818-foCt setback to all pnJp8dv lines and comply with traffic visibility r8qUirS[nSDtS. 2) Two VV8|or8ens wall signs [Ob8 located on the south and west elevation. Signs to be constructed of individual letters with a nlaninnVnl letter height of two feet and must be centered within the nnanUf8{tUn]U limestone facade. 3) Two one-hour photo signs and two pharmacy signs bJbelocated on the south and west elevation. Signs hobe constructed of individual letters with o nnoxinnUnn letter height of 1.5 feet, and must be centered within the manufactured limestone piers, above the windows. 4) One drive-through pharmacy directional sign tob8 located above the standing 3eonn nnRto| roof on the south elevation. Sign to be constructed of individual letters with o nn8xinnunn letter height of 1.5 feet. 50 One interior entrance tower neon sign, 22SqV8nef88Lin8rR8. d. The applicant shall complete the following before occupying the building: 1\ Replace any property irons removed because Vf this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3\ Install all required landscaping and underground irrigation. 4\ Screen the rooftop mechanical equipment. 5) Install all required outdoor lighting. e. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety orwelfare. 2) The above-required letter Vfcredit or cash esCn}vv i8 held by the City VfMaplewood for all required exterior improvements. The owner Or contractor shall complete any unfinished exterior innprOv8nn8nLs by June 1 if occupancy of the building is in the t8|| or winter, or within six weeks of occupancy of the building if occupancy i3in the spring orsummer. All vv0rh ah8U follow the approved o|GDS. The director Ofcommunity development may approve minor changes. ivi REFERENCE SITE DESCRIPTION Site size: 2.83 Acres Existing Use: V8C@ntLoDd i-ill V North: K48p|8vvo0d East Shopping Center BC) South: Beam Avenue and Premier Bank across the street (Zoned LBC) East: Maplewood Heights Park West: White Bear Avenue and Red Lobster across the street (Zoned BC) Existing Land Use Designation:Limited Business Cornmenci8|/LB{|\ Existing Zoning:Limited Business Commercial (LBC) Proposed Land Use Designation:Business CVnnnn8rCia| (BC) Proposed Zoning:Business Commercial (BC) Criteria for CUP Approval Comprehensive Land Use Plan Land Use Plan Change: There are mJ specific criteria for land use plan changes. Any change, however, should be consistent with the goals and policies in the comprehensive Section 44-1165 of the city code requires that the city council make the following findings to rezone property: The proposed change iS consistent with the spirit, purpose and intent Ofthe zoning code. 2. The proposed change will not substantially injure ordetuactfnomtheu3eof neighboring property Vr from the character Uf the neighborhood and the use Uf 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 ofthe 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, SRvv8rS. police and fire protection, and schools. 13 Design Review Section 2-29ODfthe city code requires that the community design review board make the following findings to approve plans: That the design and location 0f the proposed development and its relationship [ neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that iLwill not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards 0[congestion. 2. That the design and location of the proposed development isin keeping with the character of the surrounding neighborhood and i3 not detrimental hothe harmonious, orderly and attractive development contemplated by this article and the city's comprehensive [nuOiCip@| plan. 3. That the design and location of the proposed development would provide 8 desirable environment for its occupants, oa well 3s for its neighbors, 8ndthotbiS aesthetically of good composition, materials, textures and colors. Application Date The city received the complete application and plans for this proposal on October 18. 2008. State |8vv requires that the city take action within 00 days of receiving complete applications for @proposal. City council action ia required OD this proposal by December 1O unless the applicant agrees tOG time extension. mmns\2008pmpoaaK11'28'00CD03 Attachments: 1. Applicants' Development Statement 2. Applicants' Rezoning Statement 3. Land Use Map 4. Zoning Map 5. Location Map 0. Lot Division Map 7. Existing Conditions 8. Site Plan 0. Grading Plan 10. Drainage and Storm Sewer 11. Utility Plan 12. Pavement Plan 13. Lighting Plan 14. Landscape Plan 15. 3tonnwuharPoUudon Prevention Plan 10. Floor Plan 17. Bui|dingBmvaiionm - VVestendSouth 10. Bui|dingBovuiinna - EaniandNorth 19. Monument Sign Elevation 20. Wall Sign Elevations 21. Engineering Plan Review (11-20-O8) 22. Comprehensive Land Use Plan Change Resolution 23. Zoning Map Change Resolution 24. November 2O.2000. Planning Commission Minutes 25. November 28.2UO6.CDRBMinutes us Attachment I PROPOSED WALGREENS PHARMACY NORTHEAST CORNER OF WHITE BEAR AVENUE AND BEAM This project was reviewed one year ago in combination with a proposed bank project to be located on property to the east of this site. This project is no longer a part of the bank project and is presented as a stand alone Walgreens Pharmacy on its own lot. The previous ground lease on the proposed Walgreens property is being modified to a purchase of the land. The site plan is similar to the one reviewed a year ago. This plan is based on a shared access with the property to the north and a shared access drive on both the north and east sides of this site. The shared access location on White Bear Avenue will allow for the removal of an existing access point to White Bear Ave. currently located to the south of the shared drive location. This shared access drive will include easements for both access and utilities for the properties on each side of the easement. The additional 10 feet of right of way requested along White Bear Avenue is being accommodated with this new plan submittal and can be seen on sheet 3 of 14 as noted on the west side of the plan. The building design was also revised with respect to the previous Design Review Board comments from the meeting held on July 26, 2005. The southwest comer of the building has been redesigned in both layout and materials. This area of the project is the most prominent element addressing the intersection of White Bear Avenue and Beam. The previous design represented the typical Walgreens building. This new design has squared up the entry tower into an element of its own. By combining this with a change in the materials we have also been able to break up the elevations on both the south and west sides of the project. We have also brought the entry tower forward, over the sidewalk, thus breaking the straight building plane with the new tower layout. To add to the prominence of the comer we have added to the height of the tower to add a greater visual separation to this element. In this submittal of the previously reviewed project we have tried to take into account all of the previous comments the Design Review Board presented including those comments that were unobtainable at the time of the last meeting. Attachment 2 PROPOSED WALGREENS PHARMACY — REZONING WHITE BEAR AVENUE AND BEAM AVENUE We are proposing to develop a Walgreens Pharmacy on the northeast corner of White Bear Avenue and Beam Avenue. This rezoning proposal includes only the corner property for the Walgreens. The zoning change we are requesting is a change from the existing Limited Business Commercial to Business Commercial. This zoning matches the zoning on the properties directly to the north and west of our site. The site plan being proposed has been changed from a similar plan you were presented nearly a year ago. This proposal no longer includes the property to the east in the rezoning. We have also worked with the property owner of the center to the north in the areas of cross access and utility easements that will be shared by both properties. These changes have allowed the plan to accommodate the requested 10 feet of additional right of way for the future expansion of White Bear Avenue and the elimination of an existing curb cut to White Bear Avenue. These changes will aid in the future traffic improvements along White Bear Avenue. The Walgreens Pharmacy will serve an area that extends out 12 to 18 blocks from the store. This is very much a neighborhood store. The primary users of this store are the people that live in the neighborhood and thus very little additional traffic is brought to the area by this project. In addition to this, the typical traffic coming and going from a neighborhood pharmacy is a trickle of cars throughout the day. It does not operate like many other commercial uses with a rush of traffic coming at certain times of the day. This is a very friendly neighborhood use that will fit very well into the neighborhood of White Bear Avenue and Beam Avenue. Attachment 3 E Land Use Map Attachment 4 Attachment 5 I ocation Map Fj Q—CQ) ID E L00 L LliL tJ +I 00 Ada co d U') Z o NOO' ; y 224,96' 2 -1 NO"o 40 HiON 5 jI Fj Q—CQ) ID E L00 L LliL tJ +I 00 Ada co d U') 9 2 0 W z a o wpw 0J s A o NOO' ; y 224,96' 2 -1 5 Z LL ni ui U)Lij C) +I CL ro g c 6Z - -L6C — N R Ab'f L 6t L J, C,9 inNAAV 8V39 311HM 9 2 0 W z a o wpw 0J s A z < IN N 90NIM'J@ x] 3 fo o. ow =<a _ o4f/Aw — 40 QO c O ocLLwioo~ o v,m oci I, y , mow¢ o o, ooQO aom - I •o l l I" v \ z a am °o N - - - - z-,I— s -i00 Z i 0 Ow0 O q pifl j Z z wzK3ow4 ¢ Q a ¢ZO6 ¢U Zg w-"0 w ' wry W o wao oom O N azoaw <.a _ o o H IWp40 W I IonWr >> cc o m v L : m y ' W bl W a xI i Q ZZ ii ¢ w I O w N30 QZwa Ow O I _I O „ wz o ° I s i R C a-P xw _ - _ _ "..r.,..^ 9Z)I I _a Y - I l cssr M I mIo oQ°w _ O 03F F. 00.E Oy¢O7z x wvr zozcn o _ o O wwwaN, m 2 W O 3 O s w H x z VF w JL w xl w: y I 1 nQ a w ow rc ! I o rzw e w G rn,(11r 7 . ; lL,7WR- 31 X1 z NF%S_L IXwr I ...w M LLO 4 c> w. Q rn w o 3 1 \ xI tt I d w w _aa p wov of a o Jz Y O s jr z u z a vE V, in wa r 3 N c o w z' d C Z z wza i`pO z c I 4 wo zv, s '^> mo _ o Z a xa wwwrnEyvowEnvsZofK w N O Ill OZ S w N om xIf W O = QQ p_ 1- cn O D Z 44II g } ry 2 • W K K 1 O a 0 a oa a o a o Za z p Qo oa m o w Z v Z a ZIT Ono 'a oa o a t axwd Y <m it S J Sa Mw N Z w nna 40 n C`5 e. E I w V 6 FI I y Lj In v w 0 0 a I J I o o 0 I I t iE r w m m N y o m E w r c I t I a R719m i moo ( y et o oW WJ w a , o ° o z a z _ IxzzW w NN W ° 6 tn 0ZKFY % Z o m 2v Sz IW-ioz o0 oN Nair z - =W c c' - n zzw zWla o a amw a " ms m I ZOWtzJ ZOZ¢ 30 ZZQw QO OaNO OQ :V } O cr 2w w w . x <OW 11 ZOpZ 2N w Q Z z ' , w z c a 9 iii zmn w ryFI WICL x jr B to + 2 ° m eR i I x V° M x m Zb ". wi m a00 za a O 8 Q 4 a O o. V O 0 o w Q I w 940 "` g39 g38 J m x x w" D03 x] ° w 0 0 o wawOoooMMwwop a F iii uj I,d 'r Q o w m r wwmw lb I c o v I m w w w w w W`11 rJ X3 3j a J`w o zz i a0 p y mV mV j z ZzItr Q OD wp4 z w z z z w Q> JOOOQ o z rc1zqJwozoVOc't?wmN NZ GC+w'VV V in I q =sooWO o OOUZ a 4z 00 a <mw O W w jw 9 w H W w a x w a N tR2 { g2 B p f ay area _ I cv r p 4 w _ og w m> ica- z ry j `.3 A lz 1 n M r i ,In I to IT C 1 nN i r 7 `7,b' x /i II x 7 s > r aNOtiao x+ x z n . z w o a F iii uj I,d 'r Q9w H W w a x w a N tR2 { g2 B p f ay area _ I cv r p 4 w _ og w m> ica- z ry j `.3 A lz 1 n M r i ,In I to IT C 1 nN i r 7 `7,b' x /i II x 7 s > r aNOtiao x+ x z n . z 0 a °o =w > wa ° u"O s Z poZ v QQ 6o a ZOZ°4° O{aO cairn OiO =4 O aVO i -5N ¢OO 20Ed z 40 Ow mJww ?O Wc NZOYO O 4s 4 Na z vN } z OO Om Iz °Na0 o 8 W ¢ mwz FNO z .n Lowy o aQOO o W Cn ¢ ~mU x~O y0 O NppW = O S o0 FNZ QOOQZ 3Uw 3pN J °a' °-< 3 - ° O <aso <om zoo z a ° wo z z `il z d p w °x o a>z ow^ W OI=ON z WO UwO O dOi'- 1 -F 82 1 0 1 I w N a V 1 FZIImo IaZsaox p w a o > _ G r i 4 ZN I mOont Z W l a U f z g o Old, 8„m m a N i w m m 5 H s ohM ER 1 . 7 I d aixnaaw.am zsuYo9'ae3:BdsE !flat w.s -iwcz ... ' n r I —a—I x p(w 3 z IJ f x M z x m T r a w gn frc w3z I r x i ti I n i aovrarxnaMas•xd.. -mac $It s v m "°.x a Ri'1'903d aS4 y Nc Je r i 13FSNYJ %3 l?l;r;r1 [Qr t r[er,7 Z7UHA 8 N s,.-[xA NHS.,Z [XI LL 171 1 z30q J yQ a J jdii EmavYY w m h n II t Z W W (nw JO Zyaa °WSZ OF wqK .d1 -Q d .SS o lL cn (JN "ECO Q w W d QQ W ZZ p' mzio zo o No w W W O W CL U nl o N cp z i pp um 1w a i o v _,. i s. i i 1 O- d iy0'1 IWJ18Yd #aMIYYLiN r gy, C wil f 1 I . U z0ww4 Z wN3 00 UZ jM W Z o?x o.r -E-4-II CL Fina O WoOlqNN ZO WOhm US ZCaJ pq z30q J yQ a J jdii EmavYY w m h n II t Z W W (nw JO Zyaa °WSZ OF wqK .d1 -Q d .SS o lL cn (JN "ECO Q w W d QQ W ZZ p' mzio zo o No w W W O W CL U nl o N cp z i pp um 1w a i o v _,. i s. i i 1 O- d iy0'1 IWJ18Yd #aMIYYLiN r gy, C wil f 1 I . A P Fm C C f F R G W o A P P P a P P P P P a P e P P P ? P G A P P P $ P # G P P P P e P A P P P P e A P P P P P P P P P R P P r ePPPPPPPRPPP e P P 5 EL x v U Ja Oo p?a O WO J d wU2 v zFJ Eq NP oav R QQ LJ cfl P e Z N o N M e A F N P P P e P P N d n P P Y P e P P 2 w 2"z O Z sCW Q q N O 4 Q V C7 0o w o0 xS xN a G Z VVQ K K VOw2w f F R N LLI Q QdW H OJ Q 2Ul Q Wm 3 U F O`J Q = W Q W o A P P P a P P P G P e a P P a P e P P P ? P G A P P P $ P # G P P P P e P A P P P P e A P P P P P P P P P R P P r ePPPPPPPRPPP e P P 5 EL Zv U Ja Oo p?a O WO J d wU2 v zFJ Eq NP oav R N LLI Q QdW H OJ Q 2Ul Q Wm 3 U F O`J Q = W Q i P £+ P R P P e P A a P m a 4 A P P P a P P P G P e a P P a P e P P P ? P G A P P P $ P # G P P P P e P A P P P P e A P P P P P P P P P R P P r ePPPPPPPRPPP e P P m r t4-P P P P i P £+ P R P P e P A a P m a 4 o ....... f t" m r t4-P P P P R QQ LJ cfl P e Z N o N M e A F N P P P e P P N d n P P P e P P i P £+ P R P P e P A a P m a 4 o ....... f z R =m NoUJ J J R Q3 o, U4 C M-1 0 a OON O o QU o =i z WJ O WZ U Cn Z g 3¢ZKZ V EEc ci v w WO Wma°dw w O m m m O w i N a ozWw > a Boa O ¢ o aZ w W z W ° m z v E Z wo N o0dr o Q 3 N zN oNm od zpooo a sQp zags o ow o z j¢ oM U 3 zo oQ K w d0N a mo z w WO Wma°dw w QSoVo oO W U) x o o w n Q g 6 W w o m i N a ozWw > a Boa O ¢ o aZ Q m aZo _ m z< W ° m z o m Z wo N o0draoJQN tio Z °a sQpQwoa a gym 2 x o 3S h I I r, I I 3 I I I I I I I I I it I e C I IJ I I I, I i 0 I a I I I u C i. I I ( i I r , v c 0 0 O O Z< 0 Z a W V _Z w N U op o n o m ?-, 1J' +U2R !'. I Z- v, iii KJS I.iP/M w w 'o N J ZE UCO w 4 a J W Q m ~O Q Z 2 Q a mJ3 H I w E = w Q o O 0 N 8 Q nc hog QR tz Z x r x II o no m ?-, 1J' +U2R !'. I Z- v, iii KJS I.iP/M w w 'o N J ZE UCO w 4 a J W Q m ~O Q Z 2 Q a mJ3 H I w E = w Q o O 0 N 8 Q nc hog QR tz Z G Q w O O wOCn N m ww l a o r _ Z O E-4 1 ^ m a wV ¢Ip o w Q N m Z o ¢4Samwzw ww wow.N aY aa F Z Wa 4 cn m ir o o o Z° n ro woaoNoUJ tizr -o zcWiso ¢y°,i <w x ®zaa o NIVI;, i;Nl,M1 illf3 XJ F w o aNa O.- ow yg 2 w w Ja OONZa U o w a, Zp6 ~iwOww¢ O J ° Q z°Z aw J powOoo 000zwo s oa a U• rv,a ° °a o . wiz wz wU CL 2w OQZQQcr N W O b w whoa wmF (/J EC4Jw N Opw o ,y gouFwo¢ °C5 Na W m I ca o C umm a Att 3 sF .. ......... . .SE SF....a m80z I u- o 32i 'NO' J t: 1 l 1 ^ m a cn m ir o o o F woz a, i r WW p O zOFz o Jaa ZO W O W W a OmaO LLj Q m O z w a zZ_ cl cl J PE I wwaT z 0 q v to W z w A ", bONO:, SE l w A ", bONO:, SE m, WaISIreens 14900 Osth Assam Natul p {' Maple Orove, Minnesota 55360 t I q y. --. m 1 I1 1I ' I1 1I= t l ° 1I v L4 a 4 1 . 4 -4 l " t « yJ I tx i y 0 v 0 111 v "t V t 0 OF ---Proposed New Building for- WaISIreens 14900 Osth Assam Natul Maple Orove, Minnesota 55360 Proposed P IM N 1 Building q w i rr 55369 Proposed New Building for- mail WaISIreens 14900 Osth Assam Natul Maple Orove, Minnesota 55360 8'-9" 0 3 it (D s MM - - - - z > a: D 0 > M z z ;0 0 G) 5' M > M M 0 00 M > V7 O a ® 0- 'D OT M W 0 CC0 ® =3 CD CD 3 (D0 (a CL N 0 5 (D (D p- 0 0. - 0. '< P '7 r CD r- :5 '=n7 =7 (D 0 CD (D CD D 0 CD (D CD ( n F 3 M 0 E CD "0 D CD P NCD Proposed New Building for: Robert F. Brunjes AIA CIDSEERLLC Architect (DWalgreens1180095thAvenueNorth2655EighthAvenueEast Maple Grove, Minnesota 55369 North St. Paul, Minnesota 55109 a, White Boar Ave. & Beam Ave., Maplewood 763-425-2542 651-770-7635 0 El 0 zMI I 5E P 1 TflM NM n gz >M V, 0 >M p Z -z DmmS z pzIp z z 1z ra ZMz m m zz MM p, 'MIK MmzAp0 PE r zz z mfl72 > INI > El D m m z -9 z T z 4 z'Z 6 Az 00 00 0 CD 201 Pm T '0z . m m. Azz > m. M 6C 2 t z H 2o 4 * z z '0 z M 00 0 Mx z z. 0 z lo z M 0z C' M 0 0z a 8 MM M M I * z Z M 0 Z z 0yo ` L 0-0 x M H,m 00 0 39 z H .151 > Proposed New Building for: MEER LLC Robert F. Brunjes AIA CID Architect (DWalgreens1180095thAvenueNorth2655EighthAvenueEast Maple Grove, Minnesota 55369 North St. Paul, Minnesota 55109 a, White Boar Ave. & Beam Ave., Maplewood 763-425-2542 651-770-7635 Attachment 21 Engineering Plan Review PROJECT: Walgreens PROJECT NO: REVIEWED PV: Erin Laberee, Maplewood Engineering Department DATE: November 20, 2006 Semper Development is proposing to develop the lot at the northeast corner of White Bear Avenue and Beam Avenue into a Walgreen's store. The lot is currently vacant. Drainage from the site would be directed into the existing storm sewer on Beam Avenue. Runoff would be treated with a treatment structure. The following issues shall be address. Drainage 1. A maintenance agreement outlining annual maintenance procedures will be required for the proposed treatment structure and any other best management practices. 2. The engineer and developer shall add additional best management practices to infiltrate F of runoff from the impervious area of the site. Rainwater gardens and/or an infiltration trench would be ideal on the west side of the site between the sidewalk and the parking lot. The engineer shall verify that the existing soils are conducive to infiltration otherwise a subsurface drainage system shall be utilized. 3. The engineer shall submit sizing calculations for the inline separation unit. 4. Submit plans to Ramsey Washington Metro Watershed for their review. ITtilities 1. Submit plans to SPRWS for their review. 2. Submit plans to Ramsey County for their review. Miscellaneons White Bear Avenue is scheduled for reconstruction in 2008. The intersection at Beam Avenue will also be affected. In lieu of constructing a sidewalk along Beam Avenue now, the developer shall post an equivalent dollar amount to the city for this work to be done in 2008. The developer shall also grant to the city a construction easement for this work. 2. The developer shall enter into a developer's agreement for the right of way easement along White Bear Avenue and the construction easement and sidewalk along Beam Avenue. 3. The developer shall ensure that the proposed trees along White Bear Avenue do not encroach into the new right of way. It is recommended to shift the trees a few feet to the east to avoid any potential conflicts. Attachment 22 COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION WHEREAS, 88nnper Development, representing VV8|or8ens applied for a change to the city's comprehensive land use plan from Limited Business Commercial LBC\tO Business Commercial (BC). WHEREAS, this change applies to the west 253 feet of the vacant property located 0O the northeast corner Of Beam and White Bear Avenues (Parcel Aos described in the October 5,2O08,Lot Split Boundary ExhibiU. WHEREAS, the property identification number for the property is 02-29-22-24- WHEREAS, the legal description of Parcel A is as fd|ovvG: That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of the Northwest Quarter of Section 2. Township 29 North, Range 22 lying East of the center line [f White Bear Avenue, Except the part thereof described asfollows: Beginning at a point on the East line of the Southeast Quarter of the Northwest Quarter of Section 2. Township 29. Range 22. said point being 175 feet Northerly of the South line 0f said Southeast Quarter; thence Northerly 550.5 feet along the East line; thence 354.5 feet due West; thence 350 feet due South; thence in a Southeasterly direction tV8 point which is 120 feet due West Vf the point Vf beginning; thence Northwesterly along last said line 10S.75 feet t0 the north line 0f the said South 2R4.98 feet; thence along last said north line, South H9 degrees 19 minutes 05seconds West G distance Cf94.Y3 feet; thence deflecting left 8O degrees, South 0O degrees 40 minutes 55 seconds East o distance of284.Q0 feet b}the east / west quarter line 0f said Section 2; thence along said east /west quarter line, North 89 degrees 19 minutes 05 seconds East to the center Vf said Section 2; thence northerly along the East line Vf the Southeast Quarter of the Northwest Quarter Of said Section 2@ distance Of175.0O feet to the point ofbeginning; according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Subject to the right of way for Beam Avenue and White Bear Avenue and encumbrances as shown on an ALTA survey prepared by Houston Engineering dated March 24.2000. Containing approximately 6Y.U13 square feet. WHEREAS, the history of this change is as follows: On November 20.2000. the planning commission held 8 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 8tthe hearing o chance t0 speak and present written statements prior t0their PSC0QDOlBnd8tiUn. 2. [)n December 11.2UOS, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE|T RESOLVED that the city council approved the above-described change bJ the land use plan for the following reasons: Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax b8G9 increase jobs and provide desirable services. 4. Minimize the |8nU planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding, 0roveruse of land especially vvh8n supportive services and facilities, such as utilities, drainage systems, or streets are not available. 7. Help to implement the gOo|S of the comprehensive p|8D including: a\ The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks, and open space. b\ Safe and adequate access will b8 provided for all properties. C) Tr8nSbk)nS between distinctly differing types of land uses should not create aneg8tiwe economic, social, or physical impact on adjoining d\ Whenever possible, changes in types Of land use should occur sothat similar uses front On the same street OrGL borders of areas separated bv major man-made or natural barriers. 8\ The city coordinates land use changes with the character 0feach f) Group compatible businesses in suitable areas. g) Avoid disruption of adjacent or nearby residential areas. The Maplewood City Council adopted this resolution on December 11 2 Attachment 23 WHEREAS, Se0pSr Development, rBpr8SSOOg WalgreenS for change k) the city's zoning map from Limited Business Commercial /LBC\LOBusiness Cornrnen:i8| (B{}). WHEREAS, this change applies LO the west 253 feet Of the vacant property located on the northeast corner of Beam and White Bear Avenues (Parcel A as described in the October 5.20O8. Lot Split Boundary Exhibit). WHEREAS, the property identification number for the property is 02-29-22-24- WHEREAS, the legal description for Parcel AiS8Sfollows: That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22 lying East of the center line Vf White Bear Avenue, Except the part thereof described as follows: Beginning at a point on the East line of the Southeast Quarter of the Northwest Quarter 0f Section 2 Township 28 Range 22 said point being 175 feet Northerly 0f the South line Of said Southeast Quarter; thence Northerly 550.5 feet along the East line; thence 354.5 feet due West; thence 35O feet due South; thence in8Southeasterly direction to point which is 12U feet due West ofthe point ofbeginning; thence Northwesterly along last said line 166.75 feet to the north line of the said South 284.S8 feet; thence along last said north line, South 8O degrees 19 minutes 05seconds West 8 distance Df84.73 feet; thence deflecting left 9O degrees, South 00 degrees 4O minutes 55 seconds East Gdistance of284.90 feet to the east / west quarter line of said Section 2; thence along said east /west quarter line, North 88 degrees 19minutes 05 seconds East b} the center 0f said Section 2; thence northerly along the East line 0f the Southeast Quarter of the Northwest Quarter of said Section 2 a distance of 175.00 feet to the point 0fbeginning; according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Subject t0 the right 0f way for Beam Avenue and White Bear Avenue and encumbrances 8s shown on8nALTA survey prepared byHouston Engineering dated March 24, 2006. Containing approximately 67,013 square feet. WHEREAS, the history of this change is as follows: n November 2O.20O0. the planning commission held 8 public hearing. The city staff published 8 hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone otthe hearing a chance tV speak and present written statements prior tOtheir recommendation. 2. On December 11.2000, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE|7 RESOLVED that the city council approve the above- described The proposed change is consistent with the spirit, purpose and intent ofthe zoning code. 2. The proposed change will not substantially injure 0rdStnaCtfrountheuS80f 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 ofthe 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, Gevv8r8. police and fine protection, and schools. The Maplewood City Council approved this resolution On December 11.2OU6. K Attachment 24 DRAFT MONDAY, NOVEMBER 20,2006 a. Walgreens (Northeast Corner of White Bear and Beam Avenues) (7:22-7:42 p.m.) Mr. Roberts said Semper Development, representing Mogren Landscaping and Walgreens, is proposing to construct a 14,820-square-foot Walgreens retail store with a drive-through pharmacy on a vacant lot located on the northeast corner of Beam and White Bear Avenues. The proposal includes subdividing the 2.83-acre lot into two lots. The western lot will be sold to Semper Development for the development of the proposed Walgreens and the eastern lot will be retained by the Maplewood Financial Center (Premier Bank) for future development. The property is zoned and guided in the city's comprehensive plan as Limited Business Commercial (LBC), which allows for offices, medical or health-related clinics, day care centers, or similar uses. In order to operate a retail store and pharmacy from the newly subdivided western lot, the proposal also includes a request for a comprehensive land use plan and zoning change to Business Commercial (BC). Commissioner Trippler said the city is asking the applicant to set aside escrow money to construct the sidewalks in the near future because White Bear Avenue is going to be expanded. Mr. Roberts said that is correct. Erin Laberee, Maplewood Assistant City Engineer, addressed the commission. She said White Bear Avenue is planned for improvements in 2008. Those improvements would also affect Beam Avenue and the city is looking at reconfiguring the sidewalk. Therefore, it didn't make sense to require the applicant to install the sidewalk and then tear it out for the White Bear Avenue improvements only to replace the sidewalk again. The city would request the applicant to post escrow for the future building of the sidewalk when the road improvements are done. Commissioner Trippler said the plans show the crowns of the trees overlapping the ten foot expansion of White Bear Avenue, wouldn't it make more sense to move the trees over because if you plant them and they cut in underneath the crown of the tree that would kill the trees. Ms. Laberee said Dan Soler with Ramsey County called her today with the same concern. That is in the Ramsey County right-of-way and to eliminate the impact on the trees in the right-of-way staff will add that recommendation to the comments. Commissioner Hess asked if the applicant considered relocating the trash compactors to the west side of the property so they wouldn't be as visible and unsightly from White Bear Avenue. Mr. Roberts said because of the drive aisle and the parking lot configuration there may not be enough room to do that. With the truck deliveries and the drive pattern that may cause a problem entering and exiting the site, but the applicant could elaborate on that. Commissioner Desai said he read a comment that traffic would not be a factor here but this is a very busy intersection and these are busy streets in both directions. He asked if a traffic study had been done showing this proposal isn't going to affect traffic in the area? Planning Commission -2- Minutes of 11 -20 -06 Mr. Roberts said he isn't aware of any traffic studies that have been. Staff realizes this area is scheduled to be upgraded by Ramsey County and Maplewood. Hopefully the two entities working together won't create additional traffic problems. Commissioner Hess said a CVS Pharmacy was just built on White Bear Avenue and County Road B East and there is a Walgreen's in the strip mail by Rainbow Foods. Why are so many drugstores being built in such close proximity? Mr. Roberts said staff understands this Walgreen's proposal would replace the older Walgreen's store in the strip mall by Rainbow Foods. Staff understands Walgreen's wants their stores to be freestanding and have a drive-thru window for the convenience of their customer's. Apparently Walgreen's and CVS Pharmacy try to build their stores close to each other because they are competing against each other. Chairperson Fischer asked the applicant to address the commission. Mr. John Kohler, Architect, Semper Development, addressed the commission. He said the trash collection area is in a brick enclosure which would face away from White Bear Avenue. There is also going to be landscaping and trees around the brick enclosure so it would be well screened and not very visible. Depending on which street you are driving on you wouldn't see the trash enclosure very well anyway. The reason trash enclosure is located there is for traffic circulation and truck deliveries. He said they have been working with Dan Soler with Ramsey County regarding removing one of the curb cuts and combining the curb cuts to improve the traffic in the area. The site was designed to accommodate the expansion of White Bear and Beam Avenues. As far as the number of Walgreen's stores and how close they are located, the corporate office used to figure on one Walgreen's store every 4 miles, now Walgreen's wants to serve customers within a 1 mile area. Walgreen's finds with a good density population this is how far they would like their stores spaced apart in order to fit the customers' needs. Chairperson Fischer asked the applicant if they had any issues with the recommendations in the staff report? Mr. Kohler said they had no issues or problems with the staff report. Chairperson Fischer closed the public hearing. Commissioner Trippler moved to approve the lot split boundary exhibit date stamped October 5, 2006, for a lot division request to subdivide the 2.83-acre lot located on the northeast corner of Beam and White Bear Avenues into two lots. Lot division approval is based on code requirements Section 34-14 — lot divisions) and is subject to the following: a. Submit a revised survey to staff for approval which shows the following: 1) Legal descriptions of Parcels A and B. 2) Location and legal description of utility and access easement on the east side of Parcel A to accommodate utilities and access for the property to the north (2950 White Bear Avenue) and access for the property to the east (Parcel B). Planning Commission -3- Minutes of 11 -20 -06 3) Location and legal description of access easement on the north side of Parcel A and the south side of the property to the north (2950 White Bear Avenue) to accommodate the drive-through lane located on the north side of the Walgreen's building on Parcel A and the shared driveway on White Bear Avenue. 4) Location and legal description of ten-foot-wide roadway easement along White Bear Avenue the entire length of Parcel A to accommodate for future roadway widening. b. Deeds describing the two new legal descriptions for Parcels A and B, including the required utility, access, and roadway easement descriptions described above. c. Deeds must be recorded with Ramsey County within one year of the date of lot division approval or the lot division will become null and void (city code requirement). d. Prior to issuance of a grading or building permit for the proposed Walgreens retail store and pharmacy on Parcel A, the following must be submitted to staff for approval: 1) Proof that Ramsey County has recorded the deeds. 2)A signed certificate of survey for Parcel A showing the location of all property lines, building, parking, driveway, freestanding sign, and easements. Commissioner Trippler moved to adopt the comprehensive land use plan change resolution Attachment 22). This resolution changes the comprehensive land use plan map for the newly subdivided 1.54 acre western lot (Parcel A) on the vacant lot located on the northeast corner of Beam and White Bear Avenues from Limited Business Commercial (LBC) to Business Commercial BC). The city is making this change because it will: a. Provide for orderly development. b. Protect and strengthen neighborhoods. c. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. d. Minimize the land planned for streets. e. Minimize conflicts between land uses. Prevent premature use, overcrowding, or overuse of land especially when supportive services and facilities, such as utilities, drainage systems, or streets are not available. g. Help to implement the goals of the comprehensive plan including: 1 The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks and open space. 2) Safe and adequate access will be provided for all properties. Planning Commission -4- Minutes of 11 -20 -06 3) Transitions between distinctly differing types of land uses should not create a negative economic, social, or physical impact on adjoining developments. 4) Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man-made or natural barriers. 5) The city coordinates land use changes with the character of each neighborhood. 6) Group compatible businesses in suitable areas. 7) Promote the joint use of parking areas, drives and trash containers. Commissioner Trippler moved to adopt the zoning map change resolution (Attachment 23). This resolution changes the zoning map for the newly subdivided 1.54 acre western lot (Parcel A) on the vacant lot located on the northeast corner of Beam and White Bear Avenues from Limited Business Commercial (LBC) to Business Commercial (BC). The city is making this change because: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. b. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. C. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. 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. Commissioner Pearson seconded. Ayes — Desai, Dierich, Fischer, Grover, Hess, Pearson, Trippler, Yarwood figmc• • 0 ,_Ml This item goes to the city council on December 11, 2006. Commissioner Hess said he noticed an error on attachment 21 of the engineering plan review in the first sentence, it states the northwest corner rather than the northeast corner. Mr. Roberts said the engineering staff will make that correction. Attachment 25 WQM 9EEKf 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 28,2006 a. Walgreens — Northeast Corner of Beam and White Bear Avenues Ms. Finwall said Semper Development, representing Mogren Landscaping and Walgreens, is proposing to construct a 14,738-square-foot Walgreens retail store with a drive-through pharmacy on a vacant lot located on the northeast corner of Beam and White Bear Avenues. The proposal includes subdividing the 2.83-acre lot into two lots. The western lot will be sold to Semper Development for the development of the proposed Walgreens and the eastern lot will be retained by the Maplewood Financial Center (Premier Bank) for future development. The property is zoned and guided in the city's comprehensive plan as Limited Business Commercial (LBC), which allows for offices, medical or health-related clinics, day care centers, or similar uses. In order to operate a retail store and pharmacy from the newly subdivided western lot, the proposal also includes a request for a comprehensive land use plan and zoning change to Business Commercial (BC). The planning commission recommended approval of the lot division, comprehensive use plan change, and zoning map change at their November 20, 2006, planning commission meeting. The CDRB should review and make a recommendation on the design issues. Final action on this proposal is scheduled for the December 11, 2006, city council meeting. Chairperson Olson asked about the staff recommendation to install a new sidewalk because of the reconstruction of White Bear Avenue and staff is asking for additional landscaping in the area and she sees those two in conflict and she asked staff for their thoughts on that. Ms. Finwall said the sidewalk would be located within the right-of-way and the landscaping would not be. Chairperson Olson asked if the reconstruction of White Bear Avenue wouldn't extend beyond the right-of-way? Ms. Finwall said correct, it will extend within the 10- foot -wide easement which the city is proposing but the engineering department states the reconstruction of White Bear Avenue will include some improvements and modifications to the turn lanes along Beam Avenue which could interrupt the sidewalk proposed along Beam Avenue. They are suggesting the applicant submit escrow to be held rather than constructing the sidewalk at this time? Chairperson Olson asked how far back on Beam Avenue that reconstruction will go to affect this site? Typically when reconstructing an intersection they don't go more than 50 feet, would they be going all the way back to the park? Personally she would like to see the sidewalk constructed up to the area of reconstruction and then they can finish the sidewalk after White Bear Avenue is complete. Community Design Review Board 2 Minutes 11 -28 -2006 Ms. Finwall said she didn't have the answer to that question. Board member Schurke asked if the scale of the sign that Walgreens is proposing is comparable to what CVS Pharmacy has? Chairperson Olson asked if Walgreens is proposing directional signs for the drive through pharmacy? Ms. Finwall said she assumes they would be, but is not certain. Board member Schurke asked if there were any comments received by staff from the public regarding this proposal? Ms. Finwall said 39 property owners were surveyed and one property owner responded. Linda Barber, 2040 Beam Avenue, said she was in favor of the Walgreens retail store and pharmacy. Chairperson Olson asked the applicant to address the board. Mr. John Kohler, Architect with Semper Development, 821 Marquette Ave, #600, Minneapolis, addressed the board. He displayed the building materials and samples for this Walgreen's proposal. We are going to be doing a combined access and utility easement which will help the entire area and the future parcel for the bank. Mr. Kohler said because of the 10 foot easement we are going to move the trees back 10 feet. Rather than putting the landscaping in and disturbing it we are playing it safe so there is no problem. At the previous CDRB review in 2005 the entry tower was at a 45 degree angle before and now we have squared the tower up. The CDRB wanted to get rid of the awning and extend the entryway so it's covered so when you enter the store you would be protected. Staff has recommended extending the windows which we could do with spandrel glass which could come down to the top of the brick face. We also removed the signage from the north and east sides of the building. (Mr. Kohler went through the building material samples with the board.) Mr. Kohler asked if they could have an electronic sign on the freestanding sign so they could have a changeable copy area instead of having to manually go and change out the letters and numbers? Ms. Finwall said the city's sign code prohibits flashing /blinking signs. Mr. Kohler said the sign wouldn't flash or blink but we would prefer to have an electronic sign rather than having a person go change the letters and numbers, plus it just looks nicer. Walgreens is also connected to the amber alert system and can flash emergency information and a photo on the electronic screen. Ms. Finwall said the board had this discussion a few months ago when an applicant requested an electronic sign, but had agreed to not have it blink and flash. The board determined that would be too much of a code enforcement issue. For instance if there was a new manager or the business was sold, they wouldn't necessarily know the sign requirement to have the message remain constant and steady and they could change Community Design Review Board Minutes 11-28-2006 the sign to flash and blink, which would require city staff to be constantly monitoring the sign. The board determined the sign ordinance as it stands does not allow electronic signs without a variance. Mr. Kohler said we just wanted an answer to that question. Regarding the sidewalk, Walgreens was thinking the escrow money would be for the sidewalk along White Bear Avenue and now they heard staff say it was for the sidewalk along Beam Avenue? Ms. Finwall said she talked to Erin Laberee, assistant city engineer, and she said it would be escrow for the Beam Avenue sidewalk and the sidewalk on White Bear Avenue which was existing, could remain and if it needed to be reconstructed that would be completed by the county as part of the overall street improvement. Chairperson Olson asked what the reasoning was for the assistant city engineer to not install the sidewalk in the area where there will not be any construction to the east? Mr. Kohler said it's escrow for 150% of the building. It would be Walgreens' preference to put the sidewalk in and be done with it. Board member Schurke said the value of the sidewalk would be put into escrow and at a future date when the road construction was complete, the sidewalk would be put in. Ms. Finwall said the engineering department was requesting escrow for the entire length of the sidewalk so there seems to be some confusion as to why that is being requested when it is White Bear Avenue that is being reconstructed. This is something to work out with the engineering department. Board member Schurke asked staff where the recommendation was in the staff report regarding the glazing of the spandrel glass. Ms. Finwall said that's represented on page 11 item 4 b. 4. Board member Shankar asked if the entire window would be spandrel? Mr. Kohler said the glass would remain clear; the glass that would take up the rectangle below would be spandrel because it is buried behind the brick, which is the back of the cabinetry in the store. Board member Shankar asked what color the glass would be? Mr. Kohler said the clear glass would be clear with a light tint, and the lower glass would be complimenting the stone or the color of the brick with a horizontal frame. Chairperson Olson said that glass is only two feet off of grade and she is concerned about the damage that could be done to it. She asked if that could that be raised to a level of three feet? Mr. Kohler said you have the line for the base course then you would want to raise the base course all the way around. Community Design Review Board 4 Minutes 11 -28 -2006 Board member Shankar asked if they would have a sidewalk next to the building or if there would be landscaping against the building? Mr. Kohler said no, Walgreens has found nationwide that putting landscaping close to the building causes problems with brick or stone when irrigation hits the building which stains the brick and the heat of the brick in turn burns the landscaping out. You would also be allowing moisture to go down next to the foundation which is not a good idea. Board member Schurke asked what Mr. Kohler's opinion was regarding the use of the spandrel glass? Mr. Kohler said he isn't sure it's necessary. It's to add more of a pedestrian friendly feel but we would prefer not to do it. Board member Schurke asked what Board member Shankar's opinion was regarding the spandrel glass? Board member Shankar said he would prefer the spandrel glass over the use of the brick. He asked what the height of the horizontal mullion was that divides the clear glass from the spandrel glass and he asked what the height would be from the sidewalk? Mr. Kohler said it's above a person's head at about seven or eight feet in height and it's even with the top of the entrance doors. Board member Shankar asked why they couldn't extend the windows under the fourth canopy that says One Hour Photo? Mr. Kohler said you could put spandrel glass there but behind there they have interior fixtures on that wall and on the front area they are trying to get natural light into the store. Chairperson Olson said she would be okay with that because you get kind of a step down effect further east on this west elevation. She also understands the need for a dark room for the one hour photo developing. Board member Schurke said the one thing aesthetically that doesn't work for him is the canopy over the drive up entry. There is a small space at the rear of the building where there is a standing seam metal roof on the north elevation. A covered entry is a smart thing to do but he thinks it warrants a horizontal line there. Mr. Kohler said we can take that roof off or make that a flat roof. That is the problem with looking at something in elevation that is going to be a long ways back. Board member Schurke said that would be his preference to have that be a flat roof. From the canopy standpoint you have a gable that doesn't seem to have any correlation to the rest of the building. Mr. Kohler said that is strictly for rain. Community Design Review Board 5 Minutes 11 -28 -2006 Board member Schurke said his preference would be to play off the canopies off the front of the building and instead of shedding water at the vehicles that are entering the drive you would shed the water away. Mr. Kohler said we could shed it out and turn it and go the other way. Chairperson Olson said she doesn't want to drive under a canopy that is going to drop down on the roof of my car. Mr. Kohler said there would be gutters so the rain wouldn't come down onto the cars. Board member Schurke said the functional aspect aside, it was more the aesthetic impact of seeing that on the building elevation. He wonders if you need some directional signage coming off of Beam Avenue if you are sharing that as a drive lane accessing MGM Liquor to avoid traffic conflicts. Mr. Kohler said they can put up small directional signage to that says drive - through exit only. Board member Shankar asked if the red brick is jumbo size and the tan brick modular size? Mr. Kohler said they are both jumbo size, we couldn't get a sample of the other. The tan brick band will be soldier course. Board member Shankar asked if there is a parapet wall and is there any rooftop equipment? Mr. Kohler said there is a three or four foot tall parapet wall and there will be rooftop equipment that is about three feet tall. You won't see any rooftop equipment. Chairperson Olson asked if they have any questions about the grading and drainage on the site? Mr. Kohler said there has been discussion regarding drainage but they will be installing storm sectors and improving water clarity runoff. Board member Schurke asked what Walgreens opinion was regarding installing a bike rack? Mr. Kohler said they are fine with that as long as if is installed so it doesn't block the sidewalk anyway. It would have to be located in the northwest corner or the southeast corner but there is space for a bike rack. Board member Shankar moved to approve the plans date - stamped October 2, 2006, for the Walgreens retail store and drive- through pharmacy to be located on the northeast corner of Beam and White Bear Avenues. Approval is subject to the applicant doing the following: (additions are underlined, deletions are stricken) Community Design Review Board Minutes 11-28-2006 I a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1 Revised grading/drainage/utility plans which comply with all city engineering department requirements as specified in the November 20, 2006, engineering report including, but not limited to, the granting of a right-of-way easement along White Bear Avenue and the submittal of an escrow to the city to ensure construction of a six-foot-wide sidewalk along the entire length of Beam Avenue to be complete by the city in 2008. 2) Revised site plan showing a six-foot-wide, sidewalk extending the entire length of Parcel A and Parcel B along Beam Avenue and a bike rack to be located near the building entrance. 3) Revised landscape plan showing the following: a) Twenty more shrubs and forty perennial plants to be planted along Beam and White Bear Avenues. b) Re-establishment of any distributed land on Parcel B with sod or native prairie grasses. 4) Revised SGUth and elevations (13eam and White 13eaF A-veRues) follows: south and west windows constructed two feet from greund gr the sidewalk with the bottom half of the window (portion of the window two feet from sidewalk to top of door elevation) shall be spandrel glass with vision glass above; east-drive through standincl seam roof to be linear in elevation rather than gabled. In addition, show all elevations with proposed roof-top equipment to verify that the roof equipment will not extend beyond the parapet walls. 5) A revised lighting and photometrics plan which shows that the overall illumination from outdoor lights does not exceed .4- foot - candles at all property lines. 6) Obtain a permit from Ramsey County for construction on county right-of- way for the driveway access, utility work, and sidewalk. 7) Watershed district approval if revisions warrant a new review. 8) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. C. Signage on the property is part of the design review approval and is subject to the following sign criteria: Community Design Review Board 7 Minutes 11-28-2006 1 One freestanding sign to be located on the corner of Beam and White Beam Avenue. Freestanding sign to be a maximum of 15 feet in height, 60 square feet in area, maintain a 10-foot setback to all property lines and comply with traffic visibility requirements. 2) Two Walgreens wall signs to be located on the south and west elevation. Signs to be constructed of individual letters with a maximum letter height of two feet and must be centered within the manufactured limestone fagade. 3) Two one hour photo signs and two pharmacy signs to be located on the south and west elevation. Signs to be constructed of individual letters with maximum letter height of 1.5 feet, and must be centered within the manufactured limestone piers, above the windows. 4) One drive-through pharmacy directional sign to be located above the standing seam metal roof on the south elevation. Sign to be constructed of individual letters with a maximum letter height of 1.5 feet. 5) One interior entrance tower neon sign, 22 square feet in area. d. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. MEEE 4) Screen the rooftop mechanical equipment. 5) Install all required outdoor lighting. e. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. f. All work shall follow the approved plans. The director of community development may approve minor changes. Chairperson Olson seconded. Ayes — Olson, Schurke, Shankar The motion passed. FowmR LAw FIRM, L.L.C. 3252 fuce Street Linle Canada, MN 55126 December 7. 2006 City Manager Greg Copeland 1830 County Road B East Maplewood, MN 55109 o6ce 651.287.8883 hcsimile 651.494.0143 tolJ free 877.709.8a77 emer gency 65 1.3 57.887 7 fowlerEfowlerJarr. com www.fowler-law.com Of Cou*cl.: Gellaghct Law Fitm Re: Deput_v Chief John Banick Dear Mr. Copeland and Ms. Guilfoile: This letter is written notice conceming the proposed elimination of the Deputy chief positiot held by John Banick and lhe apparent intent to not only eliminate his position, but end his employment w'ith the City olMaplewood. Please ensure that this letter is included with the Council packet for the meeting scheduled for December I I , 2006. and please forward a copy to the City's appropriate legal counsel lbr employment issues. Please take notice that I do represent Deputl ChiefJohn Banick individuall"v. Please be advised that I will be planning to attend the Dec. ll,2006council meeting and would be available for a brief presentation on the agenda regarding these issues if the council so desires. The City of Maplewood cannot under the facts at hand legally end Deputy ChielBanick's employment \.\,ith the Citv of Mapleuood. Even an attempt to eliminate positions via the budget process. and thereby ending a tenurcd individuals employment in total. is not legal under Maplewood's Civil Service Rules and the City''s Personnel Policies. At the December 1.2006 Truth in Taxation meeting. City Manager Copeland indicated quite clearly that it was his intent b1'this proposal to eliminate not only the Deputy Chief s position held by Deputy Chief Banick. but to end his employment with the City olMaplewood. Deputy Chief Banick legally will be entitled to retain employment with the City of Maplewood, with the same rate of pay, regardless ol any pnryerll uuth'rizkl re-organizat ion. There are fbur authorities which control this conclusion. First, Maplewood's Personnel Polices. revised April 3. 2006. under the heading of Reclassification/Reallocation states: All classification changes must be approved by the City Manager, affected department head and Human Resource Director. (See Page 16). City Clerk Karen Guilfoile 1830 County Road B East Maplewood, MN 55109 Pagc 2 December 7. 2006 To date. I do not see any documentation that the affected department head, Chief Dave Thomalla. has given his approval for the reclassification and elimination of Deputy Chief Banick's position. Thus. the entire proposed re-classification and elimination ofthe Deputy Chief s position is unlawful. Secondly, Depuly ChielBanick is protected by the Maplewood Police Civil Service Commis.-ron Rules. Section 21 ofthe Civil Service Rules states: No regular sworn employees, after satisfactory completion of a probationary period of cne year ccntinuous employment, shal! be remo,;ed or dischargeC except fo!"cause upon written charges and after an opportunity to be heard in their own defense, as provided by Minnesota law. (See Page 10) Thus. there is no possible way. other than for cause. that swom and tenured employee Deputy Chicf Banick can be eliminated by removal or termination. 'l'here exists no "for cause" basis lor termination. thus there is no possibility for removal of Deputy ChielBanick from employment u,ith the Citl ol Maplwood. Should the City u'ish to reorganize the department after all necessary approval has been obtained. Deputy Chief Banick will simply be eff-ectively demoted to a lower position and as explained below. retain his higher ratc ofpay that he was receiving for Deputv Chief. In any even1, his empioyment with Maplewood will in no circumstance end or be eliminated. I am putting the City on notice. having properly cited and explained the applicable rule of law, that should the City disregard and violate this clearly established rule of law by attempting to remove Deputy Chief Banick from employment. my client and I will vielr'the violation of Maplewood's own rule of law as knowing and deliberate. This will subjcct the City to civil liabilitl'for deliberately violating my clicnt's due process righls. Thirdly. the proposed reorganization and elimination of the Dcput"v Chielposition constitutes a Demotion and Reduction in Rank. Maplcwood Police Civil Scrvice Commission Rules. Section 22 states: Demotions - Any movement of an employee involving a permanent change from a position in one class to a position for which a lower maximum rate of compensation is prescribed shall be a reduction in rank or demotion and may be made only upon recommendation of the City Manager and approved by the Commission. (See Page 11) Page 3 December 7. 2006 Therefore, the City Manager alone does not even have the authority to do what the current budget proposal proposes. Any demotion of any police employee must have the approval of the . Maplewood Police Civil Service Commission. which is binding. The Commission has NOT approved this demotion. nor has it even been presented with notice of this issue. As mentioned earlier. for any reclassification. the afllcted department head must also give approval. which has not been obtained either. Irinaiii, ii{aplewood's Pcrsonnei Polices, revised Aprii :, 2006, under the heading of Demotion startes: Employees may also be demoted if their position(s) has been abolished or reclassified to a lower class. Employees who are demoted due to reclassification, restructuring, or other organizational change unrelated to performance, shall not normally suffer a pay cut. ln these cases, the employee's pay will normally be frozen until they are eligible for an anniversary increase. When an employee's pay is above the maximum of the range for the new job class, their pay will normally be frozen until such time as annual adjustments increase the salary range above the employee's salary. (See Page 16) Therefore. under the combined authority cited above. even /the Chief of Police agrees to the reclassification, and fthe Maplewood Police Civil Service Commission approves the demotion. Deputy Chief Banick will still be employed (since no "for cause" basis exists), although demoted. to a regular Lieutenant position. at the sume higher rate ofpay that he was receiving at thc Deputy Chief position, and still entitled to receivc artr-ri reisaiJ' pa) incrcases. So, hopefr.rlly, the proposed budget does not show any decrease in budget expenditures due to the proposed elimination ofthe Deputy Chief position. because no budget savings will be realized due to any proposed reorganization of Deputy Chief Banick's position. Any other action by the City under the tacts at hand will not be lanfirl and will subject the City to liability. It is my hope that the City will agree with the analysis and legal authority cited to above and reach an understanding that in no way will Deputy Chief Banick's employment end whether or not thcre is any rc-organization, without the need lor litigation. Please have the city's appropriatc attomey contact me as soon as possible. Page .1 Dccember 7. 2006 Sincereh. /') /. 7 / Robert Fowler FOWLER LAW FIRM. L.L.C. cc: Deput)' Chief Banir:k