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HomeMy WebLinkAbout2008 03-24 City Council Meeting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uthorize 2008 Street Striping. 13. County Road D -McKnight Road to Bellaire Avenue, Bellaire Avenue -Lydia Avenue to Woodlynn Avenue, Maplewood Drive -County Road B to Cope Avenue, and Cope Avenue-Maplewood Drive to Atlantic Street -Resolutions Approving Municipal State Aid Designation. 14. Beam Avenue Improvements, City Project 07-26, Receipt of Resident Petition. 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. J. AWARD OF BIDS K. UNFINISHED BUSINESS 1. Final Plat -Beaver Lake Townhomes Fourth Addition (Beaver Creek Parkway, east of Lakewood Drive) 2. Final Plat -Beaver Lake Townhomes Fifth Addition (Maryland Avenue and Sterling Circle, west of Sterling Street). 3. Concept Plan Review -Legacy Village PUD Changes (Kennard Street and County Road D). a. Rental Town House Site (Legacy Parkway -Kennard Street to Hazelwood). b. Retail Site (Flandrau Street and County Road D). L. NEW BUSINESS 1. Approval of 2007 - 2008 Contract between the City of Maplewood and Maplewood Confidential and Supervisory Association. 2. Heritage Square Fifth Addition (County Road D, west of Highway 61) a. Preliminary Plat Revision b. Design Approval 3. Upper Afton Road Improvements, City Project 07-27, Resolution Accepting Preliminary Report and Ordering Public Hearing. 4. TH 61/Frost Avenue Intersection Improvements, City Project 07-30, Establishing Project Financing and Accepting MN/DOT Funds. 5. Code Amendments -Procedures, Public Hearings, Applications and Initiation (First Reading). 6. Timeline and Selection Process for Maplewood City Manager. 7. Changes to Lawful Gambling Ordinance - (First Reading). M. COUNCIL PRESENTATIONS 1. Sunshine Week -Mayor Longrie N. ADMINISTRATIVE PRESENTATIONS 1. Staff Update on the 2~d Reading of Televising Meetings Ordinance. O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings -elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, February 25, 2008 Council Chambers, City Hall 08-06 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council CE~arrfi6ers and was called to order at 6:30 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew moved to ap~ro~~ the apend~ ~s s~ak~mitted. Seconded by Mayor Longrie. _ Ayes -All The motion passed... D. NEW BUSINESS None. E. OLD BUSINESS lt~r~yor Longrie explart~tecl the council meeting would be a closed session pursuant to Minnesota ~~' Statute 13. a. Report on Negotiations for 2007-2008 Contract between the City of Maplewood and Maplewood Confidential and Supervisory Association. Mayor Longrie'~'~o~oried the meeting at 7:09 p. m. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:10 p.m. February 25, 2008 Special City Council Meeting Minutes SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL CLOSED SESSION 5:00 p.m., Monday, March 3, 2008 Council Chambers, City Hall Meeting 08-07 Agenda Item E2 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:OO p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Prese,~~ C. APPROVAL OF AGENDA Mayor Longrie moved approval of the acaenda as submitted. Seconded by Councilmember Nephew. Ayes -All The motion passed, D. UNFINISHED. BUSINESS Mayor Longrie exf~farnecl the r~e~t ac~er~cla item ~~nd~ then closed the session pursuant to Minnesota Statute 1~, 1. Declaration of Special Meeting Topics and Intent to Close Session. a. Attorney Update Dr. Marlene Palkovich vs. City of Maplewood; Bethel and Associates. Julie. Fleming Wolfe, Attorney at Law and Alan Kantrud, City Attorney. b. Brian Gavctlio addressed the council. Mayor Eonc~rie reopener~ the meeting at 5:35 p. m. and then explained the next agenda item and closed tl~~=session pur~s~~nt to Minnesota Statute 13 relating to Attorney/Client privilege for the purpose of discussion of the second agenda item. 2. Attorney Update - CoPar Development, LLC vs. City of Maplewood, John Baker, Greene Espel, Alan Kantrud, City Attorney. Mayor Longrie reopened the closed session meeting at 6:53 p. m. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:55 p.m. March 3, 2008 Special City Council Meeting Closed Session Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 7:00 p.m., Monday, March 3, 2008 Council Chambers, City Hall Meeting No. 08-07 A. CALL TO ORDER Agenda Item E3 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Absent (counciimember Juenei~,arir, ~t Ft after the closed session meeting ut 6, `.a~i~.m.) John Nephew, Councilmember Present Will Rossbach, Councilmember Pr~s~rrt C. APPROVAL OF AGENDA Mayor Longrie moved approval of the agenda as submitted. Seconded by Councilmemf~er Hjelle. Ayes -All The motion passed. D. NEW BUSINESS Due to the length of fbe s~ecia! r_Iosed session r_ouncil meeting the interviews were delayed. a. Board and Commission Interviews i. Joseph Boeser Planning Commission was scheduled for 6:15 p.m. ii. Lorraine Fischer. Planning Commission was scheduled for 6:25 p.m. iii. William Schreiner Planning Commission was scheduled for 6:35 p.m. Councilmember Rossbaclr, asked staff for a map representing where the applicants for the planning commission live m Maplewood at the next council meeting March 10, 2008, when the last applicant tvi11 be interviewed and the final decision will be made for the planning commission appointments. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:38 p.m. March 3, 2008, City Council Manager Workshop Minutes MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 4:45 p.m., Monday, March 10, 2008 Council Chambers, City Hall Meeting No. 8-08 Agenda Item E4 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 4:45 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember __ Absent Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved to approve the acter~ci~ ~s sttbrrlitteci. Seconded by Councilmember Nephew. Ayes -All The motion passed. D. NEW BUSINESS 1. Planning Commissipn Interview far Reappointment a. Tusher Desai Planning Commission 4:45 p.m. The council will ar7nounce their appointments for the planning commission at the regular city council meeting this evening. E. OLD BUSINESS 1. Report on 2007 Financial Issues and Discussion of Need for 2008 Budget Revisions. a. Acting City Manager, Chuck Ahl gave the report and answered questions of the council. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:21 p.m. March 10, 2008 City Council/Manager Workshop Minutes SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL CLOSED SESSION 6:15 p.m., Monday, March 10, 2008 Council Chambers, City Hall 08-08 A. CALL TO ORDER Agenda Item E5 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 p.m. by Mayor Longrie. - ---- B. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present ________. Absent Present Present Present C. APPROVAL OF AGENDA ANYBODY MAKE A MOTION TO APPRO~JE AGENDA? D. UNFINISHED BUSINESS -- Mayor Longrie expfanecJ the process of holding ~ closed city council meeting and closed the meeting based upon the attorney-client privi age pursuant to Minn. Stat. § 13D.05, subd. 3(b). 1. Declaration of Special Meeting Topics and Intent to Close Session. a. Attorney Update - CoPar Development, LLC vs. City of Maplewood, John -. Baker, Greene Espel, Alan Kantrud City Attorney. Mayri~ Longrie reQ~aened ~~te closed session meeting at 7:20 p.m. E. ADJOURNMENT Mayor Longrie adjourned he meeting at 7:21 p.m. March 10, 2008 Special City Council Meeting Minutes Closed Session A. B. C D E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, March 10, 2008 Council Chambers, City Hall Meeting No. 08-08 CALL TO ORDER Agenda Item E6 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:28 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present at 8:15 p.m. Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Councilmember Nephew requested removing agenda item f~11, due to ongoing litigation -and renumbering Council Presentations as needed. M1. Hill Murray Hockey Councilmei~iber Rossbach M2. Joint Commissi~r~ Meeti+~g -Mayor Longrie M3. White Bear l~treni~e G~urity Road D Prt7jeet -Mayor Longrie M4. Gladstone Pht~se I DNR Trail Connection -Mayor Longrie M5. 3M Orchestra -Mayor Longrie Councilmember Rossbach maverf tt~ apprr~ve the agenda as amended. Seconded by Coui~cilmerrber Nephew. Ayes -All Tha motion passed: APPROVAL OF MINUTES. Councilrnenaber Rossbach=moved to approve the February 19, 2008, Special City council Minutes as submitted. - Seconded by Courr~irttember Juenemann. Ayes - Councilmembers Juenemann, Nephew, & Rossbach Abstention -Mayor Longrie The motion passed. March 10, 2008 City Council Meeting Minutes Councilmember Rossbach moved to approve the February 25, 2008, 4:30 Council Manager Workshop Minutes as submitted. Seconded by Councilmember Nephew. Ayes -All The motion passed. Councilmember Juenemann had a correction on page 7, number 3l under Visitor Presentations, (East of Gervais rather than Highway 36). Councilmember Nephew moved to approve the February 25, 2008, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes -All The motion passed. Councilmember Nephew had a correctiona nn page 2, midl~_ of the page at the end of the motion correcting the typo of police to Police. Councilmember Nephew moved to apprC,~e the February 28, 2008; Continuance of February 25, 2008, Council Meeting Minutes as amended. Seconded by Counuiln~emh~r Rt~ssbach. Ayes -All The motion passed. F. ADMINISTRATIVE PRESENTATIONS 1. Appo+ntrnent to Planning Commission a. Acfiiiig City Manager, Chuck Ahl announced the reappointments of Tushar Desai, Lorraine Fischer, Joseph Boeser to the planning commission. N1a~or Longrie moved to re~G~point Tushar Desai, Lorraine Fischer and Joseph Boeser to the planiiinc~ ~;ommission. Seconded by Councilm~rrtjer Juenemann. Ayes -All The motion passed::::: Mr. Ahl stated there is one opening on the Environmental and Natural Resources Commission and more information can be found on the city website. G. PUBLIC HEARINGS Beam Avenue Improvements, City Project 07-26 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement after Public Hearing (4 votes required) March 10, 2008 2 City Council Meeting Minutes c. Civil Engineer, Michael Thompson gave the report and answered questions. d. Jon Horn, Project Manager, Kimley-Horn and Associates, Inc. gave a report and answered questions of the council. e. Acting City Manager, Public Works Director Chuck Ahl answered questions of the council. f. Finance Director, Bob Mittet answered questions of the council. Mayor Longrie opened the public hearing. 1. Karla Radermacher, 2120 Beam Avenue, Maplewood. As along--time resident living on Beam Avenue Ms. Radermacher spoke regarding the history-of beam Avenue. She also gave her opinion of the pros and cons regarding living on such a high traffic road as Beam Avenue so close to Maplewood Mall and the surrounding area. 2. Jackie Henderson, 2109 Beam Avenue, Maplewaoci. Ms. Henderson said she has lived here since 1965. She is not in favor of the sidewall: because she doesn't want to lose anymore of her property as she has over the years. She also doesn't want a bike trail installed and if the sidewalk has to be built she would prefer__it.-=be 5 feet wide and not 6 feet wide. Ms. Henderson also disagrees with the traffic count and felt the count was much k~gher. 3. Jamison Rusthoven 2134 Beam Avenue, Mapiewood. f~1r. Rusthoven asked what a bump out is. He also has concerns about signage because there are many young families with children in the area and signage is e -ar~~-.concern for traffic afety. 4. Tim Slabick, 2254 Beam Avenu~3f~1~x~le~aoci. f~1r. Sl~b~ck wanted his concerns clarified regarding the snow removal anct traffic safety,. He ~sl:eci about the possibility of adjusting the timing of the stoplights on White Bear Aveiaue. Mr=Siabicl. asked what the legal definition of your property is rn order #o allow for tt~~ city`s right Qf why: 5. Bill Schre,rter_ 1098 Bever Creek Parlcway. Maplewood. Mr. Schreiner said from a safety standpr~int he has a concern narrowing a Toad to 36 feet wide if the Beam Avenue improven~et5ts ire done. ~r._Schreiner ~[so shared his opinion regarding the potential safety hazards of sd~w ren~ova[ar~d c~t~t~r_uehicle end safety concerns. 6. Torn Chattr~nci. 2231 Beam Avenue, Maplewood. Mr. Chartrand said the narrower the city makes Eoari~Avenrre the more hazardous this makes the road for the residents who live here driving 1n anci nut of Qur driveway. He also agreed with the comments made by the previous speaker, 1~1r. Schrei~~er. 7. N~nk Bomersine, X321 Beam Avenue, Maplewood. Mr. Bomersine said he built his house in 1~7:~. He voiced his-.concerns regarding the city making Beam Avenue narrower and where his property line actEially is after hearing comments made by Councilmember Rossbach regarding the city.right of way and the center of the right of way. 8. Candy Dob~rstein, 2329 Beam Avenue, Maplewood. Ms. Doberstein said if Beam Avenue is made narrower we can make it look more residential, slow the traffic, and make it safer for the community she is in favor of the project. Beam Avenue is in horrible condition and because she wants to make the street look more residential she approves of the project. 9. Sheila Miller, 2383 Beam Avenue, Maplewood. Ms. Miller said the extra land that will be developed because of narrowing Beam Avenue will be on the other side of the street and so will the parking. This means on the north side of Beam Avenue the cars will drive right along the curb which is where the sidewalk is, which doesn't seem very safe. She asked when March 10, 2008 3 City Council Meeting Minutes Maplewood started plowing the sidewalks because she has lived here 30 years and the City of Maplewood has never plowed her sidewalk. 10. Larry Schmidt, 2367 Beam Avenue, Maplewood. Mr. Schmidt asked if the sidewalk would be repaired as part of this Beam Avenue improvement project. He has been shoveling and plowing his sidewalk for 30 years. Mr. Schmidt asked what the estimated assessment was per house. (Mr. Ahl answered) 11. Eric Kehle, 2399 Beam Avenue, Maplewood. Mr. Kehle said his hope is at the end of the day Beam Avenue needs to be resurfaced. The condition of the street detracts from the value of the neighborhood and the value of the homes here. He was glad to have the sidewalk as his kids were growing up. He would prefer the parking be on the north side of the street. Mr. Kehle said he hopes Beam Avenue can be reengineered because it really needs it. 12. Elizabeth Sletten, 2747 Clarence Street North, 1~laplewood. Ms. Sletten asked what the digging was that was occurring near Beam Avenue, KSTP and the aid compost site? (Mr. Ahl said the watershed district is doing some drainage cleaning to improve. the flowage in the area.) 13. Bob Zick, 2515 White Bear Avenue, Mapiewood. Mr. Zick said regarding narrowing Beam Avenue and traffic calming, he said it would be nice to have designated bike lane on one side of the road and leave the width of Beam Avenue alone. He advocates a trail system for bikes. Bikes aren't supposed to fie ridden on the sidewalks. He advocates a bumpy street but not speed bumps. Mr. Zick said. traffic doesn't disappear. so the traffic on Beam Avenue will not go away, it will only move n~er to another street in the area. 14. Gene Radermacher. 2121 Beam Avenue. Maplewood. f~1r. Radermacher asked what the condition of the seuvers is from McKr~iciht Road to Frederick Street. He asked why Maplewood_ap~roved a street that wasn't approved at 9 tons. If the water mains are okay he asked why tyre city would have to dig the street up because it would cost half the price. (Mr. Ahl said the intent is to make this project last 75 or more years. This is the time of year when water mainsbleak and ~ithin__ten years thore will be more breaks in the water main. Mr. Ahl continued to answer hrs other dancerns.) 15. =Jim ANen. ~~07 Beam Avenue, Maplew©od. He is in favor of narrowing Beam Avenue to slow traffic down. He would Et{e to see parking on the north side of Beam Avenue for the residents who live here, He would feel safer knowing the traffic is away from where kids would be and - where people ~n+ill~e wnfl<i~~t~ down the sidewalk. Mayoc~~ngrie closed the public hearing. Councilmer~t3er Rossbach moved to approve the Resolution ordering the Beam Avenue Improvements, City Pro~eet 07-26. RESOLUTION 08-03-028 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 25th day of February, 2008, fixed a date for a council hearing on the proposed street improvements for the Beam Avenue Improvements, City Project 07-26, and March 10, 2008 4 City Council Meeting Minutes WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 10th, 2008, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Beam Avenue Improvements, City Project 07 26. 2. Such improvement is hereby ordered as proposed +rt the council resolution adopted the 10th day of March 2008. 3. The City's consultant engineer, Kimley-Horn and Associates,. Inc., is the designated engineer for this improvement and is hereby directed tc~ prepare final plans-and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Apr©ject budget of $2,466,000 shall k~e established. The proposed financing plan is as follows: Seconded by Councilnlember Juenen~~nn. Ayes - Councilmember's Hjelle, ________ Juenemann, Nephew, & Rossbach Nay -Mayor Longrie The rrioti~n passed. Mayor Longrie said she v~fed Nay because she would've preferred to delay this project until the debt study cvas conclcadecL This is a valuable project but she is concerned about costs to the city and future levy increases. ~i1e city will have to sell bonds at around $1.3 million dollars to help pay for this project. The council took a break at 9:30 p.m. The council reconvened at 9:45 p.m. 2. Wetland Ordinance, First Reading a. Public Hearing 7:15 p.m. No Action to be taken, Continued to March 24, 2008. Beam Aventeotmprovements, Cit~i Pr~}ect 07-26 Special Assessments- - $ 372,480.00 15% Sanitary Sewer Utility Fund - $ 117,OOU.:00 5% Driveway Program $ 30,006.40 1% MSA Bonds $ 1,284,.250.00 52% North Saint Paul WAC Fcrnd $ 34,~OU00 1% Cit of North Saint Paul $ 630,85000 26% Total $ 2,466,000.00 100% March 10, 2008 5 City Council Meeting Minutes Due to the large volume of agenda items to discuss the Wetland Ordinance Public Hearing has been postponed until March 24, 2008. H. VISITOR PRESENTATIONS 1. Ron Cockriel, 943 Century Avenue, Maplewood. Mr. Cockriel spoke regarding the rights of bikers. He also spoke regarding bumpouts and the danger of bumpouts for bikers. He asked staff about a potential meeting on March 25, 2008? (Mr. Ahl said that is a decision that hasn't been made yet.) 2. Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood. ~1r.-Schreiner spoke regarding Clear Channel's new electronic reader board sign on Highway 36. He noticed the visual information on the sign is at a five second rotation instead of the 8 second interval that was agreed upon with the city council. (Mayor Longrie asi<ed City Attorney, Alan Kantrud to speak to Clear Channel about this concern.) ' 3. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling voic~d_ his displeasure and concern regarding an article he read in the--newspaper where Councilmenaber Rossbach said he wanted to limit people's rights to speak during visitor presentations. 4. Willard Scott, 1966 County Road B East, Maptetivood. He asked if the Maplewood snow plows could put their blades down as the trucks are driving up County Road B. (Mr. Ahl said legally the city snow plows are not supposed to plovv_there because County Road B is a County Road which is plowed and maintained by Ramsey County.) 5. Bob Zick, 2515 White Bear Avenue. f~1~ple~iood. f~1r. Zick continued with the same comments that were made by Dare SchillirZg: Mr: Zick m~cle several comments including that citizens shouldr~~t b~ kept from petitianind their government. 6. John Wyccrff, 2345 Maryland Avenue East, Maplewood. Mr. Wycoff said citizens in Maplewood should know that someone is trying to get taxes in Maplewood lower he will be on the steps of the State ~7htol in April expressing the citizen's tax concerns. CONSENT AGENDA 1. Counciln~etn~er Hjelle 1~loved to approve items 2, 3, 4, & 6. Se~nded by Councilr~er~~b~r Nephew. Ayes -All The motion passed. 2. Mayor Longrie moped to approve item 1. Seconded by Cc~undfrt~ember Rossbach. Ayes -All The motion passed. 3. Mayor Longrie moved to approve item 5. Seconded by Councilmember Hjelle. Ayes -All March 10, 2008 6 City Council Meeting Minutes 1. Approval of Claims Mayor Longrie moved approval of claims. ACCOUNTS PAYABLE: $ 73,038.90 Checks #74832 thru #74882 $ 344,829.44 Disbursements via debits to checking account Dated 02/07/08 thru 02/14/08 $ 482,778.47 Checks #74883 thru #74925 $ 125,540.92 Disbursements via debits to checking account Dated 02/14/08 thru Q2121/08 $ 486,107.39 Checks #74926 thru #74991 $ 393,446.27 Disbursements via debits to c;ttecking account Dated ~2I22/08 thru 02/28!03 $ 1,905,741.39 Total Accounts Payable PAYROLL $ 467,34.81 Payroll Checla and Direct Deposits dated 02/22/08 $ 2,802.36 Payroll Deduction check #1004687 thru #1004689 d~tecl 02/22/08 $ -170.-17.17 Total Payrolt $ 2.37~;~,;78.56 GRAND TOTAL Se~~r~ded by Councilme~-~ber Rossbach. Ayes -All The motion-{~~assed. 2. St. Paul's Monastery Redevelopment, City Project 07-02 Approve Development Contract. Councilmember Hjelle moved to approve St. Paul's Monastery Redevelopment, City Proiect 07-02 Approving the Development Contract as approved May 14, 2007, and authorizing the Mayor and City Manager to execute the agreement signifying the approval of the City Council. This agreement provides security in the form of a letter of credit in the amount of $1,430,608 to guarantee the public improvements and an additional $300,000 to guarantee private improvements. March 10, 2008 7 City Council Meeting Minutes CITY OF MAPLEWOOD Ramsey County, Minnesota Contract for Planned Unit Development St. Paul's Monastery Re-Development City Project 07-02 ---- THIS AGREEMENT, made this 10th day of March. 2Q08. between the City of Maplewood, Minnesota, acting by and through its mayor and city manager, herein called the CITY and St. Paul's Monastery, herein called the ~€VELOPER. IN CONSIDERATION of the following mutuat agreements and covenants; the parties hereby agree as follows: 1. In consideration of the CITY aGCepting St. Paul's Monastery Re-Development, the DEVELOPER shall provide all internal water systems,__storm water management facilities, sanitary sewers and street improvements, including concrete nur[a and gutter. street lighting, signing, landscaping and other improvements as specified rterein, all in conformance with current City standards, more specifically outlinecJ i4~ the Special Conditions, Plans and Specifications attached to this contract. All.. internal improvements cdns~ructed by the DEVELOPER shall be considered private utiEities and/or improvements and shall be maintained by the DEVELOPER or its assign. Private ufikities and/or improvements are defined as those improvements not part of the public improvements associated with: City Project 07-24. The public improvements, defined as Priory Public Improvement; :City Praj~ct 07-24, consist of construction of the Larpenteur Avenue Trail, the construction of Benet R4~c~ and Monastery Way, the right turn lane on Century Avenue, and the associated sanitary sewer, water main and storm drainage improvements as detailed in the Feasibility Study and Report for Priory Public Improvements, City Project 07-24, dated November 2007. The DEVELOPER warrants that it is the owner of the property proposed for the construction March 10, 2008 g City Council Meeting Minutes of the St. Paul's Monastery Re-Development and maintains all rights and obligations necessary to construct the said improvements and to incur any property obligations. 2. The DEVELOPER agrees to perform the earthwork/grading and necessary soils corrections required for the construction of Benet Road and Monastery Way. The DEVELOPER also agrees to perform earthwork/grading of the ponds and infiltration basins on the development site that will accept drainage from these public streets. All earthworkfgrading shall be completed to within 0.2 foot tolerance of the required design grades. The above mentioned earthwork/grading and soils corrections are defined as part of the private i+r~prnvements. If the earthwork/grading is not completed in a timely manner thereby delaying the start of the public improvements, the CITY reserves the right to use posted surety for completion said earthwork/grading work. Upon the completion of the earthwork/grading, the :DEVELOPER shall provide the CITY with an as-built field survey confirming that the earthwork/grading meets the required 0.2 foot tolerance. 3. The DEVELOPER_agrees to pay to the. CITY a Park Availability Charge (PAC) fee consistent with City Ordinance prior t~==the issuance of any building permits on the subject properties. DEVELOPER agrees that paid PAC fee is currently calculated at $43,560.00 for the new Monastery Building. - 4. The DEVELOPER agrees to meet all Special Conditions described in the approved resolutie~ elated May 14th, 2{~Q7. by the Maplewood City Council. 5. Tf~e DEVELOPER. agrees to provide the CITY a surety in the form of a letter of credit for 125% of the amount for tie Priory Public Improvements, City Project 07-24, as detailed in the Feasibility Study and R~or~t estimated to be $1,144,487.00. Said letter of credit shall be held by the CITY and shall not be released before the assessment hearing is conducted and total improvement cost is levied against the improved property for the Priory Public Improvements. The DEVELOPER agrees to sign an assessment waiver prepared by the CITY waiving the right to appeal the proposed assessment currently estimated at $1,144,487.00, for the Priory Public March 10, 2008 g City Council Meeting Minutes Improvements, City Project 07-24, as detailed in the Feasibility Study and Report. The assessments are to be paid over an eight (8) year period at an interest rate estimated at 6%. Developer shall provide to the CITY the letter of credit on or about March 5, 2008, and expressly no later than the actual bid date. The DEVELOPER also agrees to provide to the CITY a cash escrow in the amount of $60,000.00 for design and engineering services t7y no later than January 25th, 2008. This amount will count towards meeting the 125% guarantee of the total Priory Public Improvement and can be released upon the CITY receiving the full $1:30.608 surety from the DEVELOPER in the form of a letter of credit. The letters of credit must clearly indicate that they are irrevocable letters of credit (from a financial institution approved by the City Attorney) in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of this development agreement. The letters of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. The letters of credit shad be of~~a one-year duration and must have a condition indicatinct automatic renewal, with n©tification to the City a minimum of 60 days prior to their expiration. The CLTY may not withdraw on the fetter t~f credit issued by the DEVELOPER with respect to the Prior Public Impre~vements tanless: (1) The DEVELOPER is in default hereunder with respecf to the construction of the Priory Public Improvements; (2) The CITY has given to the DEVELOPER written notice setting forth with reasonable specificity the default by the DEVELOPER hereunder and {3) The DEVELOPER has failed to correct or remedy such default within thirty (30) days following the receipt of such notice. The amount withdrawn by the CITY may not exceed the actual costs incurred by the CITY in correcting or remedying such default. 6. The DEVELOPER shall reimburse any costs incurred by the City for engineering, legal, and administrative services, associated with the private development project (City Project 07- 02). These services will be invoiced and shall be paid in a timely manner. The City reserves the March 10, 2008 10 City Council Meeting Minutes right to hold the cash surety or letter of credit until invoice amounts have been paid in full to the City 7. A separate cash escrow or letter of credit in an amount to be determined by the City Engineer, but not less than $300,000.00 must be established prior to grading permit issuance and/or the CITY awarding a construction contract for the public improvements, whichever occurs first, to guarantee successful completion of private improvements associated with the Monastery Re-Development including but not limited to earthwork/grading, paving; fighting, utilities, Maplewood City Council Special Conditions, landscaping;.--and building exteriors. The CITY may not withdraw on the letter of credit issued by the DEVELOPER with respect to the Private Improvements (City Project 07-02) unless: (1) The DEVELOPER i~ in default hereunder with respect to the completion of the Private It~`tprQVements; (2) T#~e CITY has given to the DEVELOPER written notice setting forth with re~sai~able specificity the default by the DEVELOPER hereunder; and (~) The DEVELG~PER fps faiied_to correct or remedy such default within thirty (30) days foklowing the receipt of s~ich notice. The amount withdrawn by the CITY may not exceed the actual costs incurred by the CITY i~ correcting or remedying such default. From time to time the Developer may request a reduction in the amount of the Letter of Credit asst~ciated with the. private improvements for the Monastery Re-Development (City Project 07-02j a~ described under Section G. The City shall consent to a reduction to the Letter of Credit upon satisfactory proof being made to the City of the amount of the improvements having been completed. 8. The DEV~~OPER agrees to dedicate the public right-of-way for Benet Road and Monastery Way (60-feet in width) to the CITY as detailed in the plat for St. Paul's Monastery Re- Development, City Project 07-02. This dedication shall be provided at no cost to the CITY. March 10, 2008 11 City Council Meeting Minutes 9. The DEVELOPER agrees to dedicate a public drainage and utility easement over all ponds, infiltration basins, and drainage pipes that will accept runoff from the public streets (Benet Road and Monastery Way). This dedication shall be provided at no cost to the CITY. 10. The DEVELOPER agrees to fully landscape the development site as part of the private improvements to include the ponds and infiltration basins that will accept runoff from the public streets. The ponds and infiltration basins shall be landscaped by a contractor experienced in prairie and wetland restoration. Landscaping shall adhere ~o the approved landscaping plan and requirements set forth by the city naturalist for the development site. 11. The CITY will take over maintenance of the ponds and infiltration k~asins that accept drainage from the public streets upon a satisfactory inspection and proper functioning and landscaping. 12. The DEVELOPER shall furnish all en jir~eer:ing. architectural, and administrative services for the private improvements and building projects. 13. The DEVELOPER agrees that the private improvements shall be done and performed in the best a~icl_most wot-km~nlike manner; and all materials and labor shall be in strict conformity with respect to tl~e apprQVed Plans and specifications and improvement standards of the City.. of Maplewood. ancJ shall be_ subject to the inspection and approval of the CITY or a duly authorized-engineer of the CITY: and ~~ case any material or labor supplied shall be rejected by the city or engineer, as defective or unsuitable for not meeting city specifications, then such rejected material s#~ail_ be removed and replaced with approved material to the satisfaction and approval of the City or engineer and at the sole cost and expense of the DEVELOPER. 14. After completion of all private improvements required by the DEVELOPER, the City Engineer or the City Engineer's designated representative, arepresentative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work. Before final payment is made to the contractor by the DEVELOPER, the City engineer shall be satisfied that all March 10, 2008 12 City Council Meeting Minutes work is satisfactorily completed in accordance with said Plans and Specifications; and the Developer's engineer shall submit a written statement attesting to same. Acceptance by City shall be timely, subject to usual and customary industry standards, and such acceptance shall not be unreasonably withheld. 15. The DEVELOPER agrees that all payments to the CITY from the Developer called for under the terms of this contract and City ordinance shall be made within 30 days of billing. Payments not made within this time period shall be obtained tl~rarigh the. guarantees provided in this contract. The CITY shall give written notice to the DEVELOPER prior t© accessing and/or drawing upon guarantees outlined in this agreement. 16. It is further agreed anything to the contrary herein n©twithstanding, that the City of Maplewood City Council and its agents car employees sha11 not be personally liable or responsible in any manner to the Developer, the Developer's eQntractor or subcontractor, material suppliers, laborers or to any other persaa_ax_persons whomsoever. fnr any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the perfc~rR~nce and completion of the work or the improvements provided herein, and that the Developer wilf save the City har~tl~ s from all such claims, demands, damages, actions or' c~tises of actions or the costs, disbursements, and expenses of defending the same, specifically including, without intending fQ limit the categories of said costs, cost and expenses for City administrative time and laber, costs of consulting engineering services, and costs of legal services rendered in connectir~n with the defending of such claims as may be brought against the City. It is further agreed hat the Developer will furnish the City of Maplewood proof of insurance in the amount as required by the approved specifications covering any public liability or property damage by reason of the operation of the Developer's equipment, laborers, and hazard caused by said improvement. March 10, 2008 13 City Council Meeting Minutes 17. Breach of any terms of this agreement by the Developer shall be grounds for denial of building or occupancy permits for buildings within the addition until such breach is corrected by the Developer. 18. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 19. The terms and conditions of this Agreement--shall be binding on the parties hereto, their respective successors and assigns and the herjefits and burdens shall run wi h the land and may be recorded against the title to the property 20. Notices. Whenever it shall be_required or permitted by this Agreement that notice or demand be given or served by either party tQ or ~n .the. other party, such notice or demand shall be delivered personally or mailed. by United States. mail_to the addresses hereinafter set forth by certified mail. Such notice. or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as fo{lows; until written notice of such address has been given: As to the City: R. Charles Ahl, City Engineer/Public Works Director -City of Mar~lewood 1 S~0 County Road B East :Maplewood, MN 55109 As to the Landowner: S. Carol Rennie, OSB, President St. Paul's Monastery 2675 Larpenteur Avenue East St. Paul, MN 55109 March 10, 2008 14 City Council Meeting Minutes SIGNATURE FOR ST. PAUL'S MONASTERY BY S. CAROL RENNIE, OSB TITLE: PRESIDENT STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2008, by S. CAROL RENNIE. OSB of the Developer. Natar~ Public SIGNATURES CITY OF MAPLEWOOf7. Dia~~ Longrie, Mayor STATE_OF MINNESOTA..) ss. COUNTY_ OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2008, by Diana Longrie of the City of Maplewood, a municipal corporation. Notary Public March 10, 2008 15 City Council Meeting Minutes SIGNATURES CITY OF MAPLEWOOD: R. Charles Ahl, Acting City Manager STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me thi`3 day of , 2008, by R. Charles Ahl of the City of Maplewood, a municipal corporation. Nctary Public Seconded by Councilmember Nephew. Ayes - All The motion passed. 3. Priory Public Improvements, City Project a7-24, Resolution Approving Plans and Authorizing Aduertisementfar Bids. Councilmembe~ Hjeile moved to a~i~rove the resolution approving the project plans and specifications for the P[~iary Put~fic Errt~rcwements. City Project 07-24, and authorizing the receipt of bids with a bid date of A[~~-i14.2~08, at10a~0 ~.i~a.- RESOLUTION 08-03-029 `-- APPROVING PLANS ADVERTISING FOR BIDS 1NHEREAS, pursuant to resolution passed by the city council on January 14t", 2008, plans and specifications for Priory Public Improvements, Project 07-24, have been prepared by (or under the direction ofl the city engineer, who has presented such plans and specifications to the council for approval, NOW, TK€RE-FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. March 10, 2008 16 City Council Meeting Minutes The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 4th day of April, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 14t", 2008. -- Seconded by Councilmember Nephew. Ayes ==All The motion passed. ---- 4. Approval of Spring Clean-Up Event. - Councilmember Hjelle moved to approve the 20Q$--Siring Clean-Up Event scheduled for April 26, 2008, at Aldrich Arena parking lot from 7 a.m. td 2 q.m. Seconded by Councilmember Nephew .Ayes- All The motion passed. 5. County Road D (Southlawn to Wfjite Bear Auenus), Resolution Approving Plans and Authorizing Advertisement for Bids. - Mayor Longrie moved tQ ~r~r~roy~ the resoluti~rt requesting Mn7DOT to conduct a speed study for the purpose of decreasing the speed limit on County Road D between Southlawn Drive and White Bear Avenue. RESOLUTION 0$-03-030 RE(~UESTING Mn1DOT TQ CONaUCT A SPEED STUDY -----FOR THE PURPQSE OF DECREASING THE POSTED SPEED LIMIT WHEREAS,: the City has previously authorized a speed study for County Road D, between -TH G1 and Southlativri Drive. witein the city limits as part of the County Road D East Improvements, Cit j Project 02-07, and 1LUHEREAS, Mn/DOT has suggested a lack of uniform speed limit could exist along the corridor i~ the study is not expanded to include County Rd D between Southlawn Drive and White Bear Avenue; end WHEREAS,- Mri~DOT identified that a decrease in the posted speed limit may be appropriate on County Road D between Southlawn Drive and White Bear Avenue, and WHEREAS, State Statute requires the Commissioner of Transportation at Mn/DOT to establish all speed limits following a detailed traffic study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: March 10, 2008 17 City Council Meeting Minutes That the City hereby requests that Mn/DOT conduct a speed study of County Road D between Southlawn Drive and White Bear Avenue for the purpose of considering an appropriate and uniform speed limit for the corridor. Adopted this 10t" day of March, 2008. Seconded by Councilmember Hjelle. Ayes -All The motion passed. 6. Annual Lawful Gambling License -Church of St. Jerome at~ean's Tavern. Councilmember Hjelle moved to approve the Lawful Gamblinu Resolution for the Church of St. Jerome to operate at Dean's Tavern at 1986 Rice Street. RESOLUTION 08-03-031 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise permit for lawful gambling is approved far the Church of St. Jerome to operate. at Dean's Tavern, located at 1986 Rice Street, Maplewood; Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as gover~nec! by Minnesota Statute §349.213. FURTHERMORE, that the Maple~rvood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming apprnur/ saki permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resoled that this Resolution by the City Council of Maplewood, Minnesota, be forw~rd~d to the Gar~r~t~ling Control Division for their approval. Seconded by Councilrne~~1}~er Nephew: Ayes -All Tl~e motion passoe~: AMI1tARD OF BIDS None...... UNFINISHED BUSINESS 1. City Marketing and Advertising, Approval of New Position. a. City Clerk, Citizen Services Director, Karen Guilfoile gave the report. b. City Attorney, Alan Kantrud answered questions of the council. c. Acting City Manager, Chuck Ahl answered questions of the council. J K. Councilmember Rossbach moved to approve the Marketing and Advertising position at the 2008 annual salary range of $46,987 - $60,029 and direct staff to make appropriate budget adjustments as indicated in the staff report to partially fund the position. March 10, 2008 18 City Council Meeting Minutes Seconded by Councilmember Juenemann. The motion passed. Ayes -Councilmembers Juenemann, Nephew &Rossbach Navs -Mayor Longrie, Councilmember Hjelle Mayor Longrie said she voted nay because she preferred to wait until the council heard the staff workshop regarding what other communities do with marketing and advertising. Mayor Longrie also preferred to review a job description for the proposed Marketing ar~cl ~tdtifertising position. 2. Revision of Rules and Procedures for City Council and Council Meetings Manual. Councilmembers Hjelle and Juenemann decided they no longer want tee write articles for the city newsletter. Councilmember Rossbach moved to recommend that no councilmember shall write articles for the city newsletter. The motion died for a lack of a second. Councilmember Rossbach moved to recommend that the city newsletter article schedule be arranged for all Councilmembers to write an equal amount cif articles for the city newsletter. The motion died for a lack of a second. Councilmember Nephew. moved to recomn~enci that the city newsletter article schedule be divided such that each cour?cilniembe~ has two city newsletter issues to write in a year and the Mayor has four city newsletter issues to write far in a year, A councilmember may have the option to assign their scheduled newsletter article month to any other councilmember or to the Mayor if they so chose. Seconded by Councilmemher NjeHe. Ayes - Councilmember Hjelle, ____ _ Nephew &Rossbach Navs -Mayor Longrie Abstain -Councilmember Juenemann The inQtion passed. Councilmember Nepheyv-moved to recommend that item K 2 -number 3. A City website or publication ~iiust not ir7ciiicle pictures or other materials that tend to attribute the website or publication to ~r~ ir~diviciual or group of individuals be further researched by City Attorney, Alan Kantrud for the state statute and be brouaht back before the council for further discussion. Seconded by Councilmember Hjelle. The motion passed. Ayes -All Councilmember Nephew moved to recommend that the rules state that the parliamentarian is the City Attorney and shall be available to assist the Mayor and the council with matters of order. March 10, 2008 1 g City Council Meeting Minutes Seconded by Councilmember Juenemann. The motion passed. Ayes - Councilmembers Hjelle, Juenemann, Nephew, & Rossbach -Mayor Longrie Councilmember Hjelle moved to extend the council meeting past the curfew in order to complete the remaining agenda. Seconded by Councilmember Nephew. The motion passed. L. NEW BUSINESS Ayes - Councilmembers Hjelle, - Juenemann & Nephew Nays -Mayor Lrrngrie, Councilmei-~~t~er Rossbach 1. Intoxicating Liquor License Martiager--_Vineeta Greene -Chipotle Mexican Grill. a. City Clerk, Citizen Services Di,e~tar, Karen Gu~lfoit~-cave the report. b. Vineeta Greene, Manager Ci~ipotle R~~xca~~ Grill. 2303_White Bear Avenue addressed the council and answered yr~estions of tote council. Councilmember Hjelle rr~oveci tci recommend the change of Manager. Vineeta Greene for the liquor license application far Chipotle Mexican Grill at-.:2303 White Bear Avenue. Seconded by Cotar>cilmember Juenemann. Ayes -All The motion ~asseci. 2_ Request for Authorization to Engage Springsted, Inc. to Perform Tax Increment Financing Study. a. Finance Director. Bob ~1ittet gave the report and answered questions of the council. b. Acting City Manager, Chuck Ahl answered questions of the council. Councilrr~ember Nephew moved to authorize Springsted Incorporated for the TIF study at a cost not to exceed $18,000. Seconded by C~uncilniember Rossbach. Ayes -All The motion passed. 3. Conditional Use Permit - Xcel Energy Electrical Substation (1480 County Road D). a. Planner, Ken Roberts gave the report and answered questions of the council. i. Dale Trippler, Planning Commission representative gave a report from the Planning Commission. ii. Chris Rogers, Siting and Land Rights Agenda representing Xcel Energy, addressed the council. March 10, 2008 20 City Council Meeting Minutes iii. Dennis Phalen, Supervisor of Vegetation Management for Xcel Energy, addressed and answered questions of the council. iv. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten spoke regarding her strong disapproval of this project due to alleged health concerns. Mayor Longrie moved to approve the resolution approving a conditional use permit for Xcel Energy to have and expand the electrical substation and related electrical system operations and a wood chipping and transfer operation on their property at 1480 County Road D. The city bases this approval on the findings required by the ordinance and is subiect to the following conditions: CONDITIONAL USE PERMIT RESOLUTION 08-0332 WHEREAS, Mr. Chris Rogers, representing Xcel Energy, applied tt~ Maplewood for a conditional use permit for the expansion of the existing electrical substation and for a wond chipping and transfer operation at 1480 County Road D. WHEREAS, this permit applies to the property on tfie south side of old County .Road D and north and west of new County Road D in Maplewood. The legal description is: Registered Land Survey 262, Subject to Roads, Tract A (PIN ~3-2J-22-21-0002) WHEREAS, the history of this conditional use permit is as follows: 1. On February 2, 1972, the Maplewood City Council approved a special use permit for NSP (Northern States Power) to construct an electrioai substation on the subject property. 2. On February 19, 2008, the planning commission heist public he~rii~g. The city staff published a notice in the paper anrJ sent notices to the surrounding property owners. The planning commission gave persons at the h~afing ~ eh~E~ce to speak and present written statements. The commission also considered reparfs and recortiniendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 3. On March 10, 200: the_city coui~cri discussed thee. proposed conditional use permit. They considered reports-and recommendations from the pianninr~-r_ommission and city staff. NO~ftf.-THEREFUR~._BE IT RESOLVED that the city council approve the above-described conditional use permitrevis~en,.l~ecause: 1. The use would be located ciesiyned; maintained, constructed and operated to be in conformity with the city!s comprehensive ~I~n and code of ordinances. 2. The use wou~e~_not change ttie existing or planned character of the surrounding area. 3. The use would nof=de~ireciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. March 10, 2008 21 City Council Meeting Minutes 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction and activities on the site shall follow the site and project plans dated January 18, 2008 as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. These plans shall include the planting of at least 10 trees on the southeast corner of the site as shown ran submitted planting plan. Xcel Energy shall replace any of the trees they plant if they are damaged or die. 2. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. 3. Xcel Energy must start the installation of tl~e new transformer and associated site work within one year of council approval or thepe~ mi€ sha+{_f~ecome Wulf and void. The council may extend this deadline for one year. 4. Xcel Energy shall prepare an annual ~epatt and. submit it to tike city about the wood chipping and chip removal activities nn their site. This rdporf shall include documentation about the dates and amount of materials the contractor removes from the site. 5. The city council shall revietiy this permit in ene year. The Ma{~lewaoci City Council approved this resolution on March 10, 2008. Seconded by Co~r~cilmembeFRossbach. Ayes -All -The motion passed. 4: Concept Plan Review -Legacy Village PUD Changes (Kennard Street and County :::Road D). a. Rental €oirvn house site (Legacy Parkway -Kennard Street to Hazelwood). h. RetaiLSte (Flandrau Street and County Road D). Councilmember J~~enemann moved to table the Concept Plan Review for Legacy Village for the PUD Changes at Kennard Street and County Road D until March 24. 2008, due to the fact that the applicant had to leave the council meeting earlier in the evening. Seconded by Councilmember Nephew. Ayes -All The motion to table passed. March 10, 2008 22 City Council Meeting Minutes 5. MCC: Thermodyne Repair Payment Approval. Councilmember Hjelle moved to approve the transfer of $21,285.93 from the City Surplus Fund to 602-614-4430 Repair and Maintenance of Equipment. This is to pay Trane for their services, equipment purchased, and labor performed at the MCC in 2007. Seconded by Councilmember Rossbach. Ayes -All The motion passed. 6. Discussion of Expiration of South Maplewood Moratorium. a. Acting City Manager, Chuck Ahl gave the relat~rt and_~nswered questions of the council b. City Attorney, Alan Kantrud answered questions of the council. c. No action is needed on this item. M. COUNCIL PRESENTATIONS -- 1. Open Space Referendum Discussion {Councilmember Nephew tabled this item). 1. Congratulations to Hill Murray Hockey Team==for winning the AA Minnesota State Hockey Tournament a. Councilmember Rossbach recommended thatthe city council present the team with a resolution. Staff said this r~c~t~nitio€~__will be dine==€~n March 24, 2008. 2. Joint Commission Meeting - a. Mayor Longrie announced the~o wili be a joint Commission Meeting with the Council, Boards and G~n~r~~issions on Tuesday, March fi3, 2008, at 6:00 p.m. The subject is Rethinking Mapleiniood's Apprc~ar;h to Natural Resources -Natural Area Greenways. This presentation will be from Dr. Kim Chapman with Applied Ecological Services. 3. White Bear AvenuelCounty Road D Project --a. f~1~yor Longrie said business r~wners in the area spoke to her regarding the :reconstruction project with White Bear Avenue and County Road D and the Mayor -asked who the hest person is to contact with questions regarding this project. Mr. l~hl yid that project on White Bear Avenue and County Road D is a Ramsey County project not a. City of Maplewood project. Mr. Ahl said the person to speak to is Jerry AuJe of Ramsey County about this project. Mayor Longrie said she gave the business owner Mr. Ahl's name and number at the ::::City flf Maplewood for further information. 4. Gladstone Phase #1 DNR Trail a. Mayor Longrie said she was watching a commission meeting where the group was discussing ideas regarding how to get a bike trail down Frost Avenue to Highway 61 and over the bridge area. The commission didn't realize that the DNR already has a trail on the other side of the bridge. The Mayor said there is no need to widen the street bridge as they could just make a cut over to it and loop right on to it and get on the trail bridge that is already in place. March 10, 2008 23 City Council Meeting Minutes 5. 3M Orchestra a. Mayor Longrie asked City Clerk, Citizen Services Director, Karen Guilfoile whether 3M Orchestra is allowed to use the MCC Theatre for their needs. Ms. Guilfoile said in January staff met with 3M regarding the agreement for renting the MCC Theatre space for the 3M Orchestra. N. ADMINSTRATIVE PRESENTATIONS None. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:55 a.m. March 10, 2008 24 City Council Meeting Minutes Proclamation for Hill Murray High School State Championship Hockey Tearrti 2008 WHEREAS, Hill Murray High School is an important part of the City of Maplewood Community, and WHEREAS, Hill Murray High School provides a valuable educational experience to many of our Maplewood residents, and WHEREAS, the Hill Murray Hockey Team of 2008 won the Class AA Championship; WHEREAS each member of the team; Kirk McGinley, Chris Castq Tyler Zepeda, Nick Widing, Paul Prescott, Isaac Kohls, Ryan Furne, Delaney "Lou"Metcalf, Alex Kelly, Monte French, Jordan Johnson, Dave Cascalenda, Neff Westerhaus, Bo Dolan, JeffSonntag, Dan Cecka, Dan Sova, Jonathan Stadler Andy Singerhouse, Mack Walsh, and Joe Phillippi along with coaches, Bill Lechner and Pat Schafhauser represented the spirit of the State of Minnesota's High School Hockey; WHEREAS the City of Maplewood supports the State of Hockey and congratulates its AA Champions, the Hill Murray Pioneers; NOW, THEREFORE IT BE RESOLVED that I, Diana Longrie, Mayor of Maplewood and the City Council members, do hereby proclaim March 31, 2008 as Celebrate The State of Hockey Class AA Hockey Champions, Hill Murray High School Day. Diana Longrie, Mayor John Nephew, City Council Member Will Rossbach, City Council Member Erik Hjelle, City Council Member Kathleen Juenemann, City Council Member Karen Guilfoile, City Clerk Agenda Item G1 REPORT SUMMARY Applicant: City of Maplewood Request: Wetland Ordinance (First Reading) City Council Hearing Date: March 24, 2008 Request: The City of Maplewood is proposing to amend the wetland section of the environmental protection and critical area ordinance (Article VII). An important reason for the amendment is Ramsey Washington Metro Watershed District's reclassification of wetlands within their district in 2005. A majority of Maplewood's wetlands are located within this watershed district. The new classification system is based on the Minnesota Routine Assessment Method, which is a more scientific means of classifying wetlands. Maplewood's existing wetland ordinance had adopted their previous classification system and as such must be updated as well. Recommendation: The Environmental and Natural Resources Commission and staff recommend approval of the wetland ordinance amendment. Agenda Item G1 MEMORANDUM TO: Charles Ahl, Acting City Manager FROM: Shann Finwall, AICP, Environmental Planner and Ginny Gaynor, Open Space Naturalist SUBJECT: Wetland Ordinance (First Reading) DATE: March 14, 2008 for the March 24 City Council Meeting INTRODUCTION The Environmental and Natural Resources (ENR) Commission was formed by the city council to establish environmental priorities and to propose changes necessary to existing environmental ordinances which ensure that the city's environmental assets are protected, preserved, and enhanced. The ENR Commission has been reviewing Maplewood's environmental protection and critical area ordinance (Article VII) over the last few years for this purpose. This ordinance includes three areas of environmental protection including trees, wetlands and development in the Mississippi River Corridor Critical Area. The city council adopted the ENR Commission's recommendations for amendments to the tree preservation section of the ordinance in 2006. Since that time the ENR Commission has been reviewing the wetland section of the ordinance and is recommending amendments. An important reason for the amendments to the wetland section of the ordinance at this time is Ramsey Washington Metro Watershed District's (RWMWD) reclassification of wetlands within their district in 2005. A majority of Maplewood's wetlands are located within this watershed district. The new classification system is based on the Minnesota Routine Assessment Method (MnRAM), which is a more scientific means of classifying wetlands. Maplewood's existing wetland ordinance had adopted their previous classification system and as such must be updated as well. The ENR Commission will begin their review of the remaining section of the ordinance, Mississippi River Corridor Critical Area, in the near future. Recommendations regarding changes to this section will be presented to the city council in the coming months. BAC KG RO U N D April 24, 1995: The city council adopted a wetland ordinance and wetland classification map. The purpose of the ordinance was to preserve the beneficial functions of wetlands and streams by regulating the surrounding land uses, particularly by requiring various development setbacks (buffers) to wetlands. The ordinance adopted by reference the Ramsey-Washington Metro Watershed District's (RWMWD) definition of wetland classes (rating and condition). 2005: The RWMWD reclassified all of the wetlands within their district. The new classification system is based on the MnRAM for classifying wetlands, which is a more scientifically based approach to wetland classification than their previous system. January 2006: The ENR Committee (not a commission at this point) appointed a wetland committee to recommend changes to Maplewood's wetland ordinance in order to accommodate RWMWD's new wetland classifications, recommend buffer widths for the new classifications, and recommend other changes to ensure that the ordinance is effective in protecting Maplewood wetlands. The committee was made up of city staff, ENR Committee members, a resident expert, with watershed district participation. May 18, 2006: The city council held a workshop to discuss the RWMWD's new classification system and how it affects Maplewood's wetland ordinance; as well as review the wetland committee's work and recommendations on changes to Maplewood's wetland ordinance. September 2006: The RWMWD adopted new wetland management rules that regulate land disturbance or development of land adjacent to or in a wetland within their district. November 15, 2006: The Maplewood wetland committee recommended approval of a new wetland ordinance. November 7, 2007: The ENR Commission recommended approval of the wetland committee's proposed wetland ordinance with modifications. November 20, 2007: The planning commission reviewed and gave comment on the proposed wetland ordinance. December 11, 2007: The community design review board reviewed and gave comment on the proposed wetland ordinance. January 29, 2008: The ENR Commission recommended approval of a new wetland ordinance based on research and comment received. DISCUSSION Major Changes The wetland committee and the ENR Commission studied the issues, reviewed wetland ordinances from cities in the metropolitan area, and developed recommendations. Following is a discussion of the recommendations for major content changes. Wetland Purpose Recommendation. Keep the content of the existing ordinance regarding purpose of wetlands and ordinance. Discussion. The ENR Commission reviewed purpose statements from many other communities and found Maplewood's current statement is well stated and comprehensive. 2. Wetland Classification System Recommendation. The ENR Commission recommends adopting the new RWMWD classification system. 2 Discussion. a. RWMWD has adopted the Minnesota Routine Assessment Method (MnRAM) classification system. MnRAM classifies wetlands as Manage A (exceptional and highest-functioning), Manage B (high quality), and Manage C (moderate quality). This system has become a standard in our region. If classification is ever questioned, wetland consultants are experienced with this system. b. In 2003-2005, RWMWD staff visited the 243 wetlands in Maplewood located in their watershed district, used MnRAM to conduct assessments, and determined a classification for each wetland. c. The old classification system used by RWMWD was much more subjective than MnRAM. d. In comparing classifications from the old system to the new -128 wetlands were upgraded, 55 were downgraded, and 60 remained the same. The main reasons wetlands were downgraded included: 1) Wetland degraded since 1995. 2) The 1995 classification was more subjective than the new system. In addition, the inventory work in 1995 was done by one staff person and five interns and thus may not have been as accurate. 3) In the 1995 classification, forested wetlands were automatically placed in the watershed district protect classification (highest class) regardless of quality. 4) In the 1995 classification, many wetlands at schools or in natural areas were automatically placed in the watershed district protect classification, regardless of quality. 5) If the city does not adopt the new RWMWD classifications we have the responsibility of classifying wetlands. This would not be a good use of city resources since RWMWD performs this service. 3. Buffer Widths. Buffers are the lands that surround wetlands and streams. They are integral to maintaining the valuable functions wetlands and streams perform as well as maintaining the health of the wetland. Recommendation. The ENR Commission recommends the following buffer widths: Recommended Buffer Current Ordinance New RWMWD rules Class A+ 200' Class 1: 100' avg, 100' min Class A 100' Class 2: 100' avg, 50' min 75' avg, 37.5' min Class B 75' Class 3: 50' avg, 25' min 50' avg, 25' min Class C 50' Class 4: 25' avg, 20' min 25' avg, 12.5' min Utility 10' Class 5: 0' 10' 3 a. The buffer shall be measured horizontally from wetland edge, not across the landscape. b. On slopes greater than 18 percent the buffer width shall be increased to 10 feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. Setback. There shall be a 10-foot structure setback from the buffer edge for all wetland classes. Apex ~_ Buffer extends 10' beyond slope apex Slope > ''18% 75' Example: 75' buffer for Manage B wetlands. Slope > 18% so must extend buffer 10' beyond top of slope. In addition, the ENR Commission recommends that averaging be allowed for Class A and B wetlands, on no more than 10 percent of the buffer area, as follows: Recommended Buffer New RWMWD rules Avg M i n Class A+ 200' 200' Class A 100' 75' 75' avg, 37.5' min Class B 75' 50' 50' avg, 25' min Class C 50' 50' 25' avg, 12.5' min Utility 10' 10' The ENR Commission recommends averaging be allowed only when necessary (see 5.k.1. in the attached ordinance). In addition, if averaging is used, other requirements must be met such as restoration of buffer to native plantings, managing weeds in buffer, reduction in stormwater runoff. Discussion. The ENR Commission reviewed literature on the buffer width necessary to reduce sediments and solids, phosphorus, nitrogen, pesticides and metals, organic matter and biological contaminants. a. The ENR Commission agreed that based on the scientific information available today a 50-foot buffer is the minimum buffer needed to adequately reduce the sediments and pollutants entering wetlands. 4 b. To protect Maplewood wetlands, buffers must be wide enough to adequately capture sediments and pollutants. The ENR Commission believes that all Maplewood wetlands deserve a buffer that provides the function of capturing pollutants, which is a minimum of 50 feet. Wetlands that are less disturbed, higher quality, or more sensitive to pollutants require and deserve wider buffers. Our current ordinance uses this approach, as do RWMWD and most cities in our area. With a minimum 50-foot buffer set for Class C wetlands (lowest quality) the ENR Commission believes a 75-foot buffer for Class B wetlands and a 100-foot buffer for Class A wetlands is appropriate. d. The wetland committee encouraged RWMWD to increase their buffer widths so we would have the same buffer width requirements. They were not willing to increase the widths. The ENR Commission feels strongly that RWMWD requirements are not adequate and Maplewood should set its own. e. Wetland committee member Mark Gernes (wetland biologist with the Minnesota Pollution Control Agency) prepared a review of buffer widths necessary to provide habitat for wildlife. Many species of wildlife need a very wide buffer for habitat. For example, the common snapping turtle nests a mean distance of 1,000 meters from the wetland. The painted turtle's mean nesting distance is 60 meters from the wetland. The ENR Commission believes strongly that some of our wetlands need to provide habitat for wildlife. They agreed that a 200-foot buffer is the minimum buffer width for this function, but not adequate for many species. However, a buffer larger than this would create undo hardship for property owners. The ENR Commission realizes that a 200-foot buffer on all wetlands was not feasible and decided that this buffer width should apply to our highest quality wetlands only -Class A+ wetlands (refer to Class A+ section below). g. Current Maplewood ordinance and RWMWD rules allow for averaging. The ENR Commission believes a minimum of 50 feet is needed to capture pollutants, so buffers should never be less than 50 feet. Thus the ENR Commission does not support averaging on Class C wetlands (which has a 50-foot buffer requirement). In addition, the ENR Commission believes Class A+ wetlands are intended primarily for wildlife habitat and averaging should not be allowed on those. The ENR Commission believes that averaging should be allowed only when necessary (see 5.k.1. in the attached ordinance), and only if the applicant meets other requirements to improve the buffer or reduce the impacts of stormwater on the wetland. 5 In discussing the issue of slope, the ENR Commission reviewed the project at Woodhill development (south of Linwood Avenue, north of Applewood Park, on Dahl Avenue). Here the slopes were steep, the required buffer stopped midslope in areas, and erosion control measures were not able to protect the wetland. We believe that steep slopes adjacent to wetlands should not be disturbed at all. Scientific literature indicates that steeper slopes reduce effectiveness of buffers because runoff moves too quickly for filtration and infiltration. Thus a wider buffer is needed on slopes to capture pollutants. Researchers' opinions vary on what should be considered steep, from 10 percent to 40 percent slopes. The ENR Commission decided 18 percent slope should be our cutoff. Our current ordinance (article V, Section 12-308 Slopes) prohibits development on slopes of 18 percent or greater which are in direct drainage to a protected water. 4. Addition of Wetland Class A+ Recommendation. Create an additional A+ classification for special wetlands that meet the following criteria: a. Must be a Manage A (exceptional and highest functioning) wetland as defined by RWMWD classification system. b. Is one of the following unique and special types of wetlands in Maplewood: 1) oligotrophic acid marsh (low pH, high dissolved oxygen, low nutrients) 2) fen (rich fen, poor fen, calcareous fen) 3) wet prairie 4) sedge meadow 5) forested seasonal wetland (wooded wetlands that may dry up in summer) Discussion. Maplewood's current wetland classification system has one more wetland class than RWMWD's previous classification system. These wetlands are defined as Class I wetlands and are determined to be the highest quality wetlands in Maplewood. As such, the required setback (buffer) from the delineated edge of these wetlands is currently 100 feet. The proposed wetland ordinance would follow that rationale and would add a classification with additional protections. The ENR Commission believes there are a handful of very special wetlands in Maplewood that would meet the above- described criteria and merit extra protection. These are wetland types that are rare in our community or types that are particularly sensitive to impacts from development. a. The ENR Commission discussed other high quality or unique wetlands in Maplewood that have the potential of being impacted by new development or re- development in the future. We strongly believe these are deserving of the highest level of protection possible so they are not degraded due to development activities or new adjacent uses. b. The ENR Commission strongly believes that some wetlands in Maplewood should provide adequate habitat for wildlife. Many reptiles, amphibians, and 6 mammals that depend on wetlands require a very large buffer of upland adjacent to the wetland. It is not feasible to have adequate buffers for wildlife around all our wetlands, so the ENR Commission recommends that Class A+ wetlands, our highest quality wetlands, serve the function of providing habitat for wildlife. MnRAM does not identify Class A+ wetlands so the city will need to identify these. Information on wetland type is available in the MnRAM data collected by RWMWD, but it is limited. For example, large wetland complexes may be identified as shallow marshes if that is the dominant wetland type at the site, but the wetland may include portions of sedge meadow, wet prairie, etc. Staff and RWMWD are aware of some of our unique wetlands. As we learn of more, those would be added to Maplewood's list of Class A+ wetlands. d. Adopting an A+ classification makes a statement that some of our wetlands are rare or unique, that we value having these wetlands in Maplewood, and that we are willing to take extra measures to protect and preserve them. e. RWMWD has identified 74 Manage A wetlands in Maplewood. These wetlands require further study to determine which would be classified as a Class A+ as described above. With the information we have from wetlands located within the Maplewood Neighborhood Preserves the following wetlands would meet the criteria for Class A+: 1) Jim's Prairie 2) Priory Preserve wet prairie 3) Priory Preserve sedge meadow 4) Priory Preserve fen 5) Priory Preserve forested seasonal wetlands 6) Applewood Preserve pond 7) Joy Park forested seasonal wetlands f. City staff reviewed the 74 Manage A wetlands to determine how many properties would be affected by the Class A (100-foot) versus Class A+ (200-foot) buffer requirements. There are approximately 147 single family properties and 9 commercial properties impacted by the 100-foot buffer; and approximately 228 single family properties and 20 commercial properties impacted by the 200-foot buffer. City staff believes that only a small portion of the 74 Manage A wetlands would meet the Class A+ criteria, and a majority of those will be found in parks or open space. In addition, it appears that a majority of the properties affected by the Class A+ buffer would impact a small percentage of the lots only, with the remaining portion of the lots being usable for additions, garages, etc. With that said, and with the fact that the proposed wetland ordinance would exempt certain improvements to single family homes within a buffer (refer to exemptions section 7 below), city staff does not find that the 200-foot buffer would pose a significant hardship on existing properties if adopted. g. During the planning commission's review of the draft wetland ordinance on November 20, 2007, concern was expressed about approving an A+ classification without knowing how many wetlands this will entail. After further review, the ENR Commission and staff agree that it would be difficult to adopt only the seven known Class A+ wetlands at this time, and then attempt to reclassify other wetlands as more information is available. For this reason city staff will conduct a plant survey in 2008 on several Manage A wetlands. This work will identify additional A+ wetlands. In the meantime, city staff recommends that the city council adopt the Class A+ classification only at this time. City staff will bring back all wetlands found to be Class A+ for approval to the city council at a later date. 5. Activities in Buffer Recommendations. a. Activity. Keep the existing ordinance content regarding activity in buffers. Current ordinance prohibits alteration of buffer. Alteration means any human action that adversely affects a buffer. Alterations include, but are not limited to, grading, filling, dumping, dredging, draining, cutting, pruning, topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any hazardous or toxic substance. b. Structure placement. Structures, fire pits, patios, and decks shall not be permitted in the buffer, unless these structures were previously located and legally placed in the buffer prior to the new ordinance or would fall under exemptions. Vegetation. Keep existing vegetation content: "Any planting in a buffer shall be from native vegetation." In addition, expand upon this section of ordinance to clarify that areas of the buffer that are naturalized shall remain so and residents are encouraged to restore buffer areas to native vegetation. d. Applicability. Keep current ordinance's approach to applicability. Applicability shall apply to anyone altering the buffer after the adoption of the ordinance. In current ordinance applicability applies to anyone that would alter wetland or buffer after April 24, 1995. This means vegetation and structures in place before adoption could remain. Discussion. The ENR Commission is not recommending substantial content changes in activities. However, they do want to make this section of the ordinance clearer. We also want to add language in this section encouraging residents to improve their buffers by establishing native vegetation and lessening impact of passive recreation in the buffer. The ENR Commission believes the ordinance should not only protect wetlands but encourage enhancement of wetlands. 6. Exemptions Recommendations. The ENR Commission recommends changes in the exemption section including allowing exemptions for: a. Additions to a house, garage, deck, or driveway using the existing straight-edge setbacks to a wetland for single family homes, if minimum of 25 feet from wetland edge, and if mitigation actions performed (such as restoration of buffer). A straight-edge setback is defined as the existing edge of the house, garage, deck or driveway nearest the buffer and extending that in a parallel direction (refer to definitions on page 4 of attached ordinance). b. Trails allowed in the buffer on public and semi-public land if certain conditions are met. Current ordinance allows trails on public land. Semi-public land is land that neighborhood or general public can access. Discussion. The ENR Commission believes homeowners need the ability to make improvements to their home, within reason. 7. Variances Recommendation. The ENR Commission recommends that their commission be able to review and make recommendations on all wetland ordinance variances, in addition to the planning commission's review. Discussion. Since the city council changed the ENR Committee to afull-fledged commission last year, the ordinance gives the commission authority to review and make recommendation on these matters. State statute requires that the planning commission hold the public hearing on the variance, but it only makes sense for the environmental experts to review and make a recommendation on the proposal as well. Scientific Support for Proposed Ordinance Changes Much research on wetland and stream buffers was done in the 1980's and 1990's. The wetland committee studied literature reviews of buffer research, rather than reading the actual scientific papers. In particular, we reviewed: Benefits of Wetland Buffers: A Study of Functions, Values and Size, Prepared for the Minnehaha Creek Watershed District, by Emmons and Olivier Resources, Inc. (EOR), December 2001. 2. Wetland and Stream Buffer Size Requirements - A Review, A.J. Castelle, A.W. Johnson, and C. Conolly, published in Journal of Environmental Quality 23:878-882, 1994. 3. Use of Best Available Science in City of Everett (WA) Buffer Regulations, prepared by Pentec Environmental, 2001. 4. Buffer Zones and Beyond, Lynn Boyd, University of MA, 2001. 9 5. A Review of the Scientific Literature on Riparian Buffer Width, Extent and Vegetation, Seth Wenger, for the University of Georgia, 1999. There are several limitations to the scientific studies: Many of the studies were for agricultural areas with runoff from fields, not urban areas. 2. Many buffer variables are not reported. For example, the summaries do not always distinguish between type of vegetation in the buffer or activities adjacent to the buffer. 3. Many of the studies were for streams and riparian systems. However, as the report for Minnehaha Creek Watershed District points out, this information should be applicable to wetlands. 4. Most scientific studies study a single buffer width. Those that compared widths only compared a few widths. The report prepared for Minnehaha Creek Watershed District was of special interest to the wetland committee since their recommendations are for an urban watershed in our region. RECOMMENDATION Attached find two versions of the proposed wetland ordinance -the first version represents a clean copy of the ordinance and the second version represents a redlined draft of changes proposed by the ENR Commission in relation to the city's existing wetland ordinance. Two separate colored maps are included with the staff report as well. The first map is the city's wetland classification map and the second is the Ramsey Washington Metro Watershed District's classification map for Maplewood. Staff recommends that the city council adopt the first reading of the proposed wetland ordinance (Attachment 1) which amends the city's wetland and stream regulations within the environmental protection and critical area ordinance at Article VII. This ordinance adopts the Ramsey Washington Metro Watershed District's wetland classification map by reference. Adoption of the proposed ordinance at this time would create the A+ classification definition only. City staff will present all wetlands found to be Class A+ to the city council for adoption into the city's wetland classification map at a later date. P:\com-dev\ord\environmental\wetland\3-24-08 CC Attachments: 1. Wetland Ordinance (Clean Copy) 2. Draft Wetland Ordinance (Redlined Version) 3. Maplewood's Existing Wetland Classification Map (Separate Handout) 4. Maplewood's Proposed Wetland Classification Map (Based on RWMWD's Classifications) (Separate Handout) l~ Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING THE WETLAND SECTION OF THE ENVIRONMENTAL PROTECTION AND CRITICAL AREA ORDINANCE (ARTICLE VII) The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 12-247 through 12-249 and Section 12-310 (wetland section of the environmental protection and critical area ordinance): 1. Findings and purposes. The findings of this section are as follows: a. Wetlands serve a variety of beneficial functions. Wetlands maintain water quality by filtering pollutants and reducing flooding and erosion. They provide food and habitat for wildlife, provide open space for human interaction, and are an integral part of the city's environment. Wetlands are an important physical, educational, ecological, aesthetic, recreational, and economic asset to the city. They are critical to the city's health, safety, and general welfare. Surrounding development may degrade, pollute, or accelerate the aging of or eliminate wetlands. Regulating land use around wetlands is therefore in the public interest. b. Streams are also significant elements of the city's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational, and economic asset. Surrounding development may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating land use around streams is therefore in the public interest. Buffers are the lands that surround wetlands and streams. They are integral to maintaining the valuable functions many wetlands and streams perform and to maintaining a wetland's or stream's health. Requiring buffers recognizes that the surrounding uplands impacts the wetland's and stream's quality and function and, therefore, is in the public interest. Buffers have the following functions: (1) Reduce the impacts of surrounding land use on wetlands and streams by stabilizing soil to prevent erosion and filtering suspended solids, nutrients, pollutants, and harmful substances. (2) Moderate water level fluctuations during storms. (3) Provide essential wildlife habitat. (4) Provide shade to reduce the temperature of both stormwater runoff and the wetland or stream. Water temperature is one of the factors controlling the ability of water to hold dissolved oxygen. This ability decreases with increasing water temperatures. The dissolved oxygen level must be maintained at a minimum level to maintain healthy aquatic life. (5) Reduce the adverse impacts of human activities on wetlands and streams. The purposes of this section are to: a. Preserve wetlands and streams in a natural state. b. Preserve the beneficial functions of wetlands and streams by regulating the surrounding land use. Stabilize the soil around wetlands and streams to prevent erosion. d. Preserve and enhance water quality by filtering suspended solids, nutrients, and harmful substances before they reach wetlands, streams, and public waters. e. Reduce human disturbances of wetlands and streams. f. Prevent flooding and the costs associated with reclaiming water quality. g. Protect property. h. Protect beneficial plant and wildlife habitat. Educate the public, including appraisers, owners, potential buyers, or developers regarding the development limitations of wetlands, streams, and associated buffers. Encourage property owners who live adjacent to and/or near wetlands and streams to be responsible stewards including managing and enhancing the quality of buffers and restoring the buffer to a diverse planting of deep-rooted native plants. 2. Definitions: The following words, terms, and phrases when used in this section shall have the meanings ascribed to them, except where the context clearly indicates a different meaning. Alteration means any human action that adversely affects a buffer. Alterations include, but are not limited to, the following: grading, filling, dumping, dredging, draining, cutting, pruning, topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any hazardous or toxic substance, paving, construction, application of gravel, discharging pollutants, compacting or disturbing soil through vehicle or equipment use, or any other human activity that adversely affects the vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include the following: a. Walking, passive recreation, fishing or other similar low-impact activities. b. Planting native vegetation, once the planting plan is approved by city staff. The selective clearing, pruning, or control of trees or vegetation that is dead, diseased, noxious, or hazardous. Best management practices (BMP's) mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces, planting of deep-rooted native plants, landscape and pavement maintenance. 2 Bog means a peatland with acidic pH as described in the Minnesota Land Cover Classification System. Buffer means the protective zone of vegetation along a stream or around a wetland. Enhancement means an action that increases the functions and values of a wetland, stream, or buffer. Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Fen means a peatland fed by ground water as described in the Minnesota Land Cover Classification System. Forested seasonal wetland means a wooded wetland with hydric soils that may have standing water year round or may dry up seasonally. Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within 48 hours of a storm event. Mitigation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer, wetland, or stream. Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted. It may be a native or non-native species. Some naturalized species are appropriate in a buffer and some are considered weeds. Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Oligotrophic acid marsh means a shallow or deep marsh with low pH, high dissolved oxygen, and low levels of nutrients. Ordinary high water mark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Rain garden means an infiltration basin that is planted as a garden that allows water to infiltrate within 48 hours of a storm event. Restoration means returning a wetland, stream, or buffer to a condition that is similar to that before development of the surrounding area. Sedge meadow means a wetland with saturated soils or standing water that contains a significant number of sedge species (Carex spp.), as defined as wet meadow in the Minnesota Land Cover Classification System. 3 Semipublic means land that is maintained by a private organization for public use. Setback means the minimum horizontal distance between a structure and the nearest edge of the buffer, wetland, or stream. Straight-edge setback means a measurement to determine the allowable setback of an addition to an existing house, garage, deck, or driveway which is located closer to or within the required buffer setback. Straight-edge setback additions are measured by using the existing edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Straight Edge Diagrams Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. This definition does not include drainage swales or ditches that channel intermittent stormwater runoff. Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground. Sustainable design means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best management erosion control methods approved by the city. Variance means a deviation from the standards of this section that is not specifically allowed. Vegetation means any plant life growing at, below, or above the soil surface. Water quality pond means a pond that has been created to capture stormwater runoff. These are not natural wetlands. Stormwater is often piped into these ponds but may also enter through sheet runoff. These are also called utility ponds. 4 Water quality pond edge means the normal high water level for a water quality pond. Weed means a plant which is causing damage in some way to native vegetation or ecosystems. (See also noxious weed.) Wetland classes. The city defines the wetland classes used in this section as follows: a. Class A+ means wetland types that are very rare in our community, are particularly sensitive to impacts from development, and provide much needed habitat for wildlife. These wetlands are special wetlands and deserve additional protection to ensure that they remain in that state. Class A+ wetlands are defined as a Manage A wetland in the Ramsey-Washington Metro Watershed District Rules definition (which is based on the Minnesota Routine Assessment Methodology [MnRAM] classification system) and also are one of the following unique and special types of wetlands in Maplewood: 1) oligotrophic acid marsh 2) wet prairie 3) sedge meadow 4) forested seasonal wetland 5) fen 6) bog b. Class A wetlands are defined as a Manage A wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands are exceptional and the highest-functioning wetlands in Maplewood. All streams in the City of Maplewood are also defined as Class A. Class B wetlands are defined as a Manage B wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands are high-quality wetlands. d. Class C wetlands are defined as a Manage C wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands provide moderate quality. e. Utility Class -Defined as water quality ponds. Wet prairie means a wetland with saturated soils containing a significant number of plant species found in wet prairie communities as defined in the Minnesota Land Cover Classification System. Wetland easement means a designated area that includes the wetland or buffer where disturbance from mowing, cutting, or similar activities is prohibited. 5 Wetland or stream edge means the line delineating the outer edge of a wetland or stream. This line shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. The applicable watershed district must verify this line. Wetland functions means the natural processes performed by wetlands, such as helping food chain production, providing wildlife habitat, maintaining the availability and quality of water such as purifying water, acting as a recharge and discharge area for groundwater aquifers, and moderating surface water and stormwater flows, and performing other functions, including but not limited to those set out in U.S. Army Corps of Engineers regulations. Wetlands means those areas inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas as defined in the Army Corps of Engineers regulations. Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil and other documentation of the previous existence of wetland vegetation such as aerial photographs. 3. Applicability: This section shall apply as follows: a. To any person or use that would alter a wetland, stream, or buffer after (add date of adoption of new ordinance). b. When any provision of any ordinance conflicts with this section, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this section. This also applies to the applicable watershed district. 4. General Exemptions: This section shall not apply to the following: a. Non-chemical control and removal of noxious weeds within the buffer. Refer to section S.k.3.b. (Manage Weeds in Buffer) regarding the use of chemical treatment. b. Planting native plants within the wetland buffer after approved by city staff. Removal of trees, limbs, brush, or branches that are dead, diseased, or pose safety hazards. d. Public or semipublic streets, utilities, and trails. The city may waive the requirements for construction or maintenance of public or semipublic streets, utilities, and trails where there would be a greater public need for the project than to meet the requirement of this section. In waiving these requirements the city shall follow the standards listed below: (1) The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative and the following requirements are met: (a) The city council must approve the waiver to allow public or semipublic utilities or streets to be located within a buffer. Before the city council acts on the waiver the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The planning commission shall hold a public hearing for the 6 waiver. The city staff shall notify the property owners within five hundred (500) feet of the buffer at least ten days before the hearing. (b) Utility or street corridors shall not be allowed when endangered or threatened species are found in the buffer. (c) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland or stream as possible. (d) Utility or street corridor construction and maintenance shall protect the wetland, stream, or buffer and avoid large trees as much as possible. The city shall not allow the use of pesticides or other hazardous or toxic substances in buffers, streams, or wetlands. In some situations the use of herbicides may be used if prior approval is obtained from city staff. (e) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city code. (f) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to road which is parallel to wetland edge. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. (g) Mitigation actions must be met as specified in section 6 below (Mitigation and Restoration of Buffers). (2) The city may allow public or semipublic trails in buffers. Trails must be approved by city staff and are subject to the following guidelines: (a) Trails shall not be allowed when endangered or threatened species are found to be present in the buffer. (b) The trail shall have a pervious surface. (c) Buffers shall be expanded equal to the width of the trail corridor. (d) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by city staff. (e) All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. (f) The trail must be designed and constructed with sustainable design methods. (g) The trail may provide one access point to the wetland but such an access shall be no more than four (4) feet wide. 7 (h) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public use. (i) Trails or boardwalks shall not be constructed entirely around the wetland. (j) City staff may require additional mitigation actions as specified in section 6 below (Mitigation and Restoration of Buffers). Additions to a house, garage, deck, or driveway using the existing straight-edge setbacks to a wetland or stream if the following apply: (1) Property is zoned or is being used as a single family residence. (2) There is no other reasonable alternative than encroachment toward the wetland or stream with the addition. (3) The house, garage, deck, or driveway is a minimum of twenty-five (25) feet from the wetland or stream edge. (4) Addition does not cause degradation of the wetland, stream, or the existing buffer. (5) Mitigation actions must be met as specified in section 6 below (Mitigation and Restoration of Buffers). f. A property which is located within a wetland buffer, but is separate from the wetland by an existing road. 5. Standards: Standards for this section are as follows: a. Wetland Filling: The city does not allow the filling of wetlands. b. Minimum Buffer Widths: The minimum buffer widths shall apply to all wetlands, including those created, restored, relocated, replaced, or enhanced. Maintenance of Buffers: Buffers shall remain in a natural state with naturalized or native vegetation. d. Restoring Buffers: Landowners interested in restoring their buffer to native plants should submit a restoration plan as specified in section S.k.3.a. (Restoration of Buffer with Native Plantings) to city staff for approval. Wetland, Stream, or Buffer Easements: The property owner of any property affected by this section may be required to record wetland, stream, or buffer easements with the county. These easements shall describe the boundaries of the buffer and prohibit any building, mowing, cutting, filling, or dumping within the buffer, stream, or wetland. The owner or developer shall record such easements with a final plat, with deeds from a lot division or before the city issues a building permit for an affected property. The applicant shall submit proof that the owner or developer has filed the notice. 8 f. Stormwater: The discharging of stormwater to a wetland or stream must comply with section 44-1245 of the City of Maplewood ordinances (Storm Management). g. Plantings in Buffers: Any planting in a buffer shall be done with native vegetation after the planting plan has been approved by city staff. h. Alterations in Buffers: The city prohibits the alteration of buffers except as allowed in general exemptions. Minimum buffers: The following are the minimum required buffer widths and structure setbacks: Buffer Wetland Classes Class A Class A+ & Streams Class B Class C Utility Minimum Buffer Width 200 ft. 100 ft. 75 ft. 50 ft. 10 ft. Structure Setback From Outer Edge of Buffer 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. j. Buffer Measurement: Buffers shall be measured horizontally from wetland or stream edge, not across the buffer landscape. On slopes greater than eighteen percent (18%) the buffer width shall be increased to 10 feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. Setback D k. Alternative Minimum and Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, alternative size buffers maybe necessary to allow for the reasonable use of the land. In such cases an alternative minimum and average buffer width will be permitted on ten percent (10%) of 9 the linear wetland buffer within the parcel, which will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. (1) The alternative average buffer standards set forth below maybe applied based on an assessment of the following: (a) Undue hardship would arise from not allowing the alternative, or would otherwise not be in the public interest. (b) Size of parcel. (c) Configuration of existing roads and utilities. (d) Percentage of parcel covered by wetland. (e) Configuration of wetlands on the parcel. (f) Will not cause degradation of the wetland or stream. (g) Will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. (2) The following are the alternative average buffer widths and structure setbacks: Buffer Wetland Classes Class A & Streams Class B Minimum Buffer Width* 75 ft. 50 ft. Average Buffer Width 100 ft. 75 ft. Structure Setback From Outer Edge of Buffer 10 ft. 10 ft. *The minimum buffer width maybe used on no more than 10 percent of the linear wetland buffer area located within the parcel. 10 Averaging Diagram (3) The appropriateness of using the alternative average buffers will be evaluated as part of the review of the contractor's or owner's development application. The alternative average buffer used must be within the spirit and intent of this code and must meet one or more of the requirements set forth by the city to include, but not limited to, the following strategies: (a) Restoration of buffer with native plantings. Submittal of a buffer restoration plan drafted by a professional experienced in wetland or stream restoration including: Existing vegetation. 2. Restoration methods. 3. Maintenance procedures proposed during first three years of establishment. 4. Erosion control measures. 5. List of plants to be planted. 6. Qualifications of contractor. Only contractors with experience and success restoring wetland or stream buffers or natural vegetation shall be approved. 11 7. Maintenance agreement which states that the owner will maintain the buffer to its improved state. 8. The city may require a cash escrow or letter of credit to cover 150 percent of the required work. (b) Manage weeds in buffer. All weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a weed management plan drafted by a professional experienced in wetland and stream restoration including: 1. Target weeds. 2. Appropriate management techniques, including the use of chemical treatment if approved by city staff as part of the management plan. 3. Management schedule. 4. Potential erosion and reseeding if management will create large areas of dead vegetation. 5. Cash escrow or letter of credit to cover 150 percent of the required work. (c) Reduction in stormwater runoff and/or improvement of quality of stormwater runoff entering wetland or stream. This maybe achieved through the following strategies or other staff approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. 1. Reduce amount of pavement on site (i.e. fewer parking stalls, narrower driveways, shared parking with other businesses). 2. Use pervious pavement such as pavers or porous asphalt. 3. Use turf pavers or modified turf areas for overflow parking. 4. Install rain garden or infiltration basin. 5. Install rock trench or rock pit. 6. Install filter strip of grass or native vegetation. 7. Install surface sand filter or underground filter. 8. Install native plantings on site to reduce fertilizer use and improve infiltration. 12 9. Install a green roof on buildings. 10. Install grit chambers, sediment traps, or forebays. Stormwater Drainage Facilities: The city does not allow the construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within the buffer. m. Construction Practices: Special construction practices shall be required on projects or developments next to wetlands or streams and their buffers. Practices to be approved by city staff before issuance of a grading or building permit include, but are not limited to, the following: (1) Grading. (2) Sequencing. (3) Vehicle tracking platforms. (4) Additional silt fences. (5) Additional sediment control. n. Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of buffers. Such erosion control measures must remain in place until the owner and contractors have finished all development activities that may affect the buffer. o. Wetland Signs: Before grading or construction, the boundary between a buffer and adjacent land shall be identified using permanent signs. These signs shall mark the edge of the buffer and shall state there shall be no mowing, cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing ofone-hundred (100) feet of wetland or stream edge. p. Erosion Control Breaches: All erosion control measures must be maintained and inspected to ensure compliance and protection of wetlands, streams, and buffers. The contractor or owner shall be responsible for all erosion sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. q. Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. Erosion Control Removal: After completion of grading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. 13 s. It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. 6. Mitigation and Restoration of Buffers: The city requires mitigation when a property owner or contractor has altered or will alter a wetland, stream, or buffer. The property owner or contractor shall submit a mitigation plan to city staff for approval In reviewing the plan, the city may require the actions below. a. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. b. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. d. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. Monitoring the impact and taking appropriate corrective measures. f. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A replanting plan must be approved by the city before planting. g. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. h. All strategies as listed in item S.k.3. (Alternative Average Buffer). 7. Nonconforming Buildings, Structures, and Properties: Any existing building or structure, or any existing use of property not in conformity with the regulations prescribed in this chapter as of the date of the adoption of such regulation (insert date of new ordinance) shall be regarded as nonconforming and may continue. Variances: Procedures for granting variances from this section are as follows: a. The city council may approve variances to the requirements in this section. All variances must follow Minnesota state law governing variances. b. Before the city council acts on a variance the environmental and natural resources commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council. The planning commission shall hold a public hearing for the variance. City staff shall notify the property owners within five hundred (500) feet of the buffer at least ten days before the hearing. The city may require the applicant to mitigate any wetland, stream, or buffer impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies as listed in item S.k.3. (Alternative Average Buffer). 14 9. Wetland or Buffer Surety: The applicant shall post a wetland or buffer mitigation surety with the city, such as a cash deposit or letter of credit, of one hundred and fifty (150) percent of estimated cost for mitigation. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city code or city directive. 10. Enforcement: The city reserves the right to inspect the site or property at any time for compliance with this ordinance. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. The City Council held the first reading on this ordinance on The City Council approved this ordinance on Mayor Attest: City Clerk 15 Attachment 2 MAPLEWOOD WETLAND ORDINANCE DRAFT 1-29-08 (Changes to the city's current wetland ordinance are underlined if added and stricken if deleted.) Findings and purposes. The findings ^~~' ,,,,,~,^°°° of this section are as follows: a. Wetlands serve a variety of beneficial functions. Wetlands maintain water quality filtering pollutants and reduci~ flooding and erosions They provide food and habitat for wildlife, provide open space for human interaction, and are an integral part of the city's environment. Wetlands are an important physical, educational, ecological, aesthetic, recreationals and economic asset to the city. They are critical to the city's health, safety, and general welfare. Surrounding development may degrade, pollute, or accelerate the aging of or eliminate wetlands. Regulating land use around wetlands is therefore in the public interest. b. Streams are also significant elements of the city's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreationals and economic asset. Surrounding development may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Re ug lating land use around streams is therefore in the public interest. vo,,,,;,-;,,,. ~.,,~ro,-~ ,-o o~ ~~,.,~ ~~,o ~ „a;,,,. , ri.,,,a~ ,-oi.,~o ~„ ~~,o Buffers are the lands that surround wetlands and streams. They are integral to maintaining the valuable functions many wetlands and streams perform and to maintaining a wetland's or stream's health. Requiring buffers recognizes that the surrounding uplands impact ,-°'~ the wetland's and stream's quality and function and, therefore, is ~€ in the public interest. Buffers have the following functions: Rreduce the impacts of surrounding land use on wetlands and streams by stabilizing soil to prevent erosion'~~~ °*,,,.,~,.T,.,*°r; and filtering suspended solids, nutrients, pollutants, and harmful substances. Moderateing a water level fluctuations during storms. R„~~ r° ~~°^ rProvide essential wildlife habitat. Provide shade to reduce the temperature of both stormwater runoff and the wetland or stream. Water temperature is one of the factors controlling the ability of water to hold dissolved oxygen. This ability decreases with increasing water temperatures. The dissolved oxygen level must be maintained at a minimum level to maintain healthy aquatic life. ~;,,.,"~~,'~~~~~ r° rReduce the adverse impacts of human activities on wetlands and streams. {}The purposes of this section are to: a. Preserve wetlands and streams in a natural state. ~b. Preserve the beneficial functions of wetlands and streams by regulating the surrounding land use. hc. Stabilize the soil around wetlands and streams to prevent ~ erosion. sd. Preserve and enhance water qualit~~~filterin~ suspended solids, nutrients, and harmful substances before they ~ reach~g wetlands, streams, and public waters. de. Reduce human disturbances of wetlands and streams ~~ ~ ~ r; °~ ~ ~"~ ~ ° °r ~,-~*~ r ~- ~_~°*' ~ r ~' gf. Prevent flooding and the costs associated with~€reclaiming water quality. g. Protect property Ali. Protect beneficial plant and wildlife habitat. gi. Educate the public, including appraisers, owners, potential buyers or developers~e re ag rding the development limitations of wetlands, streams, and associated buffers. Encourage property owners who live adjacent to and/or near wetlands and streams to be responsible stewards including managing and enhancin tg he quality of buffers and restorin,~ the buffer to a diverse plantin og fdeep-rooted native plants. 2. Definitions: The following words, terms, and phrases when used in this section shall have the meanings ascribed to them ;r *'~~° °~~'~°°^*~^r, except where the context clearly indicates a different meaning. Alteration means any human action that adversely affects a buffer. Alterations include, but are not limited to, the following: grading, filling, dumping, dredging, draining, cutting, pruning, topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any hazardous or toxic substance, ~~°^~,~,-..;,,.. r^"~~*°r*° °°~°r* °*^,-,r.~,~*°r, paving, construction, application of gravel, discharging~ollutants, compacting or disturbing soil through vehicle or equipment use, or any other human activity that adversely affects the vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include the following: a. Walking, passive recreation, fishing or other similar low-impact activities. b. Planting *'~^* °r''^r^°° native vegetation, once the planting~lan is approved by C1 , staff. c. The selective clearing, pruning, or control of trees or vegetation that are dead, diseased, noxious, s or hazardous. 2 Best management practices (BMP's) mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain arg dens' infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces, plantin og fdeep-rooted native plants, landscape and pavement maintenance. Bog means a peatland with acidic pH as described in the Minnesota Land Cover Classification S sy tem. Buffer means ^ °~r°^~ ^r .1,°~'^~~"^~~~~ r ^r the protective zone of vegetation along a stream or around a wetland. Enhancement means an action that increases the functions and values of a wetland, stream or buffer. Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and rg avit~ Fen means a peatland fed b~ground water as described in the Minnesota Land Cover Classification System. Forested seasonal wetland means a wooded wetland with hydric soils that may have standing water year round or ma~r~p seasonally Inf ltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will tvbicallv drain within 48 hours of a storm event. Mitigation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer, wetland, or stream. Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted. It may be a native or non-native species. Some naturalized species are appropriate in a buffer and some are considered weeds. Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.l Oligotrophic acid marsh means a shallow or deep marsh with low pH, high dissolved oxygen, and low levels of nutrients. Ordinary high water mark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark 3 is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Rain garden means an infiltration basin that is planted as a garden that allows water to infiltrate within 48 hours of a storm event. Restoration means returning a wetland, stream, or buffer to a condition that is similar to that before development of the surrounding area. Sedge meadow means a wetland with saturated soils or standing water that contains a significant number of sedge species (Carex sip.), as defined as wet meadow in the Minnesota Land Cover Classification System. Semipublic means land that is maintained by a private organization for public use. Setback means the minimum horizontal distance between a structure and the nearest edge of the buffer, wetland, or stream. Straight-edge setback is measurement to determine the allowable setback of an addition to an existing house, garage, deck, or driveway which is located closer to or within the required buffer setback. Strai hg t-edge setback additions are measured big the existing edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. This definition does not include drainage swales or ditches that channel intermittent stormwater runoff. rr~~ ~~o ~~r ~~~~o ~~ro~~ ~~ri, Structure means an, hing constructed or erected that requires location on the ground or attached to somethin hg aving location on the rg ound. Sustainable design means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or rg ading_ Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best mana,~ement erosion control methods approved by the ci Variance means a deviation from the standards of this section that is not specifically allowed. Vegetation means any ~s plant life growing at, below, or above the soil surface. 4 Water qualitypond means a pond that has been created to capture stormwater runoff. These are not natural wetlands. Stormwater is often piped into these ponds but may also enter through sheet runoff. These are also called utility bonds. Water qualitypond edge means the normal high water level for a water qualitypond. Weed means a plant which is causin dg ama,~e in some way to native ve,~etation or ecosystems. (See also noxious weed.l Wetland classes. The city defines the wetland classes used in this section as follows: .. a. Class A+ means wetland tubes that are very rare in our community. are barticularl sensitive to impacts from development, and provide much needed habitat for wildlife. These wetlands are special wetlands and deserve additional protection to ensure that they remain in that state. Class A+ wetlands are defined as a Manage ~ A wetlands in the Ramsey-Washington Metro Watershed District Rules definition (which is based on the Minnesota Routine Assessment Methodolog_~f MnRAM~ classification system) and also are one of the following unique and special types of wetlands in Maplewood: oligotrophic acid marsh 2) wet prairie 3) sedge meadow 4) forested seasonal wetland 5) fen 6) bow b. Class A wetlands are defined as a Manage A wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodolo~y (MnRAM) classification system. These wetlands are exceptional and the highest-functioning wetlands in Maplewood. All streams in the City of Maplewood are also defined as Class A. c. Class B wetlands are defined as a Manage B wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands are hi ham-quality wetlands. d. Class C wetlands are defined as a Manage C wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands provide moderate uq alit e. Utility Class -Defined as water quality~onds. Wet prairie means a wetland with saturated soils containing a significant number of plant species found in wet prairie communities as defined in the Minnesota Land Cover Classification System. Wetland easement means a designated area that includes the wetland or buffer where disturbance from mowing, cutting, or similar activities is prohibited. Wetland or stream edge means the line delineating the outer edge of a wetland or stream. This ~r° ~~~~~ °~*~~~~~~ *~~~ line biz shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands ~'^*°~' T^~~~^~~' n , ~Q~ ra ; „~i~.,,„~.r,~~,oa ~.~. ~~o rr c ~g~e~s-anc~t~e T rrEe~~t~e~e~s€. The applicable watershed district must verify this line. Wetland functions means the natural processes performed by wetlands, such as helping food chain production, providing wildlife habitat, maintaining the availability and quality of water such as purifying water, acting as a recharge and discharge area for groundwater aquifers, and moderating surface water and stormwater flows, and performing other functions, including but not limited to those set out in U.S. Army Corps of Engineers regulations ^*~~ ~~n ~~~,vwi oszsz~ Wetlands means those areas ~y inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas as defined in the Army Corps of Engineers regulations ~~ ~'~'~ ~''Q.~ ' °QQ'. Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil 6 and other documentation of the previous existence of wetland vegetation such as aerial photographs. 3. Applicability: This section shall apply as follows: a. ~'~~~ ~°~*~^r ~~~~~ ~rri~, *To any person or use that would alter a wetland, stream, or buffer after np~z'~4,~°°Tadd date of adoption of new ordinance. b. When any provision of any ordinance conflicts with this section, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this section. This also applies to the applicable watershed district. 4. General Exemptions: This section shall not apply to the following: a. Non-chemical control and removal of noxious weeds within the buffer. Refer to section S.k.3.b. (Manage Weeds in Buffer) re a~ rdin~ the use of chemical treatment. b. Planting native blants within the wetland buffer after abbroved by city staff. c. Removal of trees, limbs, brush, or branches that are dead, diseased, or pose safety hazards. Teo ,. „~~~.,,,.~;,,,, „ „~o,,.,,,,.o „~r„~.~;,. „ „~.~;,. a,..,;,,.,,.o rn,.;~;~;o~ oa;,~,o„~.,~;,,,, r ra~ „~,.,,~ rn,.;~;~;o~ ," ,` d. Public or semipublic streets, utilities, and trails. The city seimay waive the requirements for construction or maintenance of public or semipublic streets, utilities, and trails where there would be a greater public need for the project than to meet the requirement of this section. ~'''° ~~'~~ ~ ~~' °'~~"'~~'a ~ ~~'~'~~'~°.,,.;,,,. ~.°~ r° a°~'~r~r~- ~°ast t°n Qays~°€e~° the hParin~In waiving these requirements the city se~shall follow the standards listed below: ~~'~°°~*~~r ~°' ~~*'~~° °°~*~~r (1) The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative and the following requirements are met: (a) The city council must approve the waiver to allow public or semipublic utilities or streets to be located within a buffer. Before the city council acts on the waiver the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The planning commission shall hold a public hearin fg or the 7 waiver. The city staff shall noti , the property owners within five hundred (500) feet of the buffer at least ten days before the hearing_ (b) Utility or street corridors shall not be allowed when endangered or threatened species are found in the buffer. (c) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland or stream as possible. (d) Utility or street corridor construction and maintenance shall protect the wetland, stream, or buffer and avoid large trees as much as possible. The city shall not allow the use of pesticides ~~~ or other hazardous or toxic substances in buffers, streams, or wetlands. In some situations the use of herbicides may be used if prior approval is obtained from ci , staff. (e) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by C1ty code. (f) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to road which is parallel to wetland edge. ~~a~~~,~If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. ~ Mitigation actions must be met as specified in section 6 below (Miti ag tion and Restoration of Buffers). (2) The city may allow public or semipublic ~€ trails in buffers. Trails must be approved by city staff and are subject to the following guidelines: ~ Trails shall not be allowed when endangered or threatened species are found to be present in the buffer. (b) The trail shall r ^*~~ have a impervious surface ,rte. ^^~-meted (c) Buffers shall be expanded, .1,~,°r° r^°°~'^'°, equal to the width of the trail corridor. (d) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by C1 , staff. ~~*°r ~^~r~°*~r~- *~° *r~~~ ~ All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. ~f The trail must be designed and constructed with sustainable design methods. 8 ~ The trail may provide one access point to the wetland but such an access shall be no more than four (4) feet wide. (h) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public use. Trails or boardwalks shall not be constructed entirely around the wetland. City staff may require additional mitigation actions as specified in section 6 below (Mitigation and Restoration of Buffers). ri~ r~ E , e. Additions to a house, garage, deck, or driveway using the existin sg trai hg t-edge setbacks to a wetland or stream if the followin ag pply: Property is zoned or is being used as a single family residence. stream with the addition. There is no other reasonable alternative than encroachment toward the wetland or The house, garage, deck, or driveway is a minimum of twen . -five (25) feet from the wetland or stream edge. Addition does not cause degradation of the wetland, stream, or the existin bg uffer. Mitigation actions must be met as specified in section 6 below (Mitigation and Restoration of Buffers). f. A property which is located within a wetland buffer, but is separate from the wetland by an existin rg oad. 5. B~rf€€~ Sttandards: Standards for this section ~,~ are as follows: a. Wetland Filling: The city does not allow the filling of wetlands.«",°r° ~''° .1,^~°r°''°~' ,~;~~,,,.~.oa ~.„pro,. i.,,,a b. Minimum Buffer Widths: The minimum buffer widths shall apply to all wetlands, including those created, restored, relocated, replaced, or enhanced. 9 c. Maintenance of Buffers: Buffers shall remain in a natural state with naturalized or native vegetation. d. Restoring Buffers: Landowners interested in restoring their buffer to native plants should submit a restoration plan as specified in section S.k.3.a. (Restoration of Buffer with Native Plantings) to city staff for approval. Wetland, Stream, or Buffer Easements: The property owner of any property affected by this section maybe required to srecord wetland, stream, or buffer easements with the county. These easements shall describe the boundaries of the buffer and prohibit any building, mowing, cutting, filling, or dumping within the buffer, stream, or wetland. The owner or developer shall record such easements with a final plat, with deeds from a lot division or before the city issues a building permit for an affected property. The applicant shall submit proof that the owner or developer has filed the notice. f. Stormwater: The discharging of stormwater to a wetland or stream must comply with section 44-1245 of the City of Maplewood ordinances (Storm Management). g. Plantings in Buffers: ^„ ^~~ ^+°~' r r°~*~~ ^ ~''^" ,r r+^~„ ^'^~~~~ r Any planting in a buffer shall be done with native vegetation after the planting plan has been approved by city staff. h. Alterations in Buffers: The city prohibits the alteration of buffers except as allowed in general exemptions. T~° ,.;~~. ,,, ° ~~,;~ ,.° ° °„~ .1,~,°,.° ~~,° . ,.,~°,.~~,°a a;~~,.;,.~ Minimum buffers: The following are the minimum required buffer widths and structure '~~~~'~'~„~- ~ ~~„~'~*~°„ setbacks: Buffer Wetland Classes Class A~ Utili Class A+-~ & Streams Class B~ Class C~ ~ n~r°,-~..° ~,„pro,-.~.;,~~~,- eft. X98 ft. ~~-€tt fit. $~ Minimum Buffer Width 20098 ft. 1008 ft. 752 ft. 502~ft. 108 ft. u,,;'a;,,,. ~'^~~„~'^+~^„ Structure Setback from Edge of Buffer 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 1 Buffer Measurement: Buffers shall be measured horizontally from wetland or stream edge, not across the buffer landscape. On slopes greater than ei hg teen percent (18%) the buffer width shall be increased to 10 feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. ~'''° ^~*~~ ~~~~ r°°~~~r° ~ ~r~,-;~~,'° ,~ k. Alternative Minimum and Average Buffers: Reco ng izing that there are instances where, because of the unique physical characteristics of a specific parcel of land, alternative size buffers maybe necessary to allow for the reasonable use of the land. In such cases an 10 alternative minimum and average buffer width will be permitted on ten percent (10%) of the linear wetland buffer within the parcel, which will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. The alternative average buffer standards set forth below ma.~~plied based on an assessment of the following: ~ Undue hardship would arise from not allowing the alternative, or would otherwise not be in the public interest. (~ Size of parcel. (c~ Configuration of existing roads and utilities. (~ Percentage of parcel covered by wetland. (~ Configuration of wetlands on the parcel. (f~ Will not cause degradation of the wetland or stream. ~ Will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. The followin,~ are the alternative avera,~e buffer widths and structure setbacks: Buffer Wetland Classes Class A & Streams Class B Minimum Buffer Width* 75 ft. 50 ft. Average Buffer Width 100 ft. 75 ft. Structure Setback From Outer Edge of Buffer 10 ft. 10 ft. *The minimum buffer width maybe used on no more than 10 percent of the linear wetland buffer area located within the barcel. The appropriateness of using the alternative average buffers will be evaluated as part of the review of the contractor's or owner's development application. The alternative average buffer used must be within the spirit and intent of this code and must meet one or more of the requirements set forth by the city to include, but not limited to, the followin sg trategies: ~ Restoration of buffer with native plantings. Submittal of a buffer restoration plan drafted b~professional experienced in wetland or stream restoration including: 1. Existing vegetation. 11 2. Restoration methods. 3. Maintenance procedures proposed during first three years of establishment. 4. Erosion control measures. 5. List of plants to be planted. 6. Qualifications of contractor. Only contractors with experience and success restoring wetland or stream buffers or natural vegetation shall be approved. 7. Maintenance agreement which states that the owner will maintain the buffer to its improved state. 8. The ci , may require a cash escrow or letter of credit to cover 150 percent of the required work. Manage weeds in buffer. All weeds listed on the Minnesota noxious weed list must be controlled b.~property owner. Owners are encoura eg d to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a weed mana eg ment plan drafted by a professional experienced in wetland and stream restoration including: 1. Target weeds. 2. Appropriate management techniques, including the use of chemical treatment if approved by city staff as part of the mana eg ment plan. 3. Management schedule. 4. Potential erosion and reseeding if management will create large areas of dead vegetation. 5. Cash escrow or letter of credit to cover 150 percent of the required work. ~ Reduction in stormwater runoff and/or improvement of quality of stormwater runoff entering wetland or stream. This maybe achieved through the followin sg trategies or other staff a~roved best mana eg ment practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. 1. Reduce amount of pavement on site (i.e. fewer parkin sg talls' narrower driveways, shared parking with other businesses). 2. Use pervious pavement such as pavers or porous asphalt. 12 3. Use turf pavers or modified turf areas for overflow parking_ 4. Install rain garden or infiltration basin. 5. Install rock trench or rock 6. Install filter strip of grass or native vegetation. 7. Install surface sand filter or underground filter. 8. Install native plantings on site to reduce fertilizer use and improve infiltration. 9. Install a green roof on buildings. 10. Install grit chambers. sediment trabs. or foreba 1. Stormwater Drainage Facilities: The city does not allow the construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within the buffer. m. Construction Practices: Special construction practices shall be required on projects or developments next to wetlands or streams and their buffers. Practices to be approved by city staff before issuance of a rg ading or building~ermit include, but are not limited to, the following: Grading. Sequencing_ Vehicle tracking~latforms. Additional silt fences. Additional sediment control. 6. moo,,,.;,,.. ~,,,~ ~ ~~~,,,~~,-,~~. n.a- Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of buffers. Such erosion control measures must remain in place until the owner and contractors have finished all development activities that may affect the buffer. o.~ Wetland Signs: Before grading orbconstruction, the boundary between a buffer and adjacent land shall be identified using permanent signs. These signs shall mark the edge of the buffer and shall state there shall be no mowing, cutting, filling or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of one-hundred (100) feet of wetland or stream edge. 13 ~~ inspected to ensure compliance and protection of wetlands, streams, and buffers. The contractor or owner shall be responsible for all erosion sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to rg ading or construction activities. Erosion Control Breaches: All erosion control measures must be maintained and mod. Platting_When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. r.~ Erosion Control Removal: After completion of rg ading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. s.~ It is the responsibility of the owner to alleviate any erosion during and after completion of rg ading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. 6.~ Mitigation and Restoration of Buffers: The city requires mitigation when a property owner or contractor has altered or will alter a wetland, stream, or buffer. The property owner or contractor shall submit a mitigation plan to city staff for approval In reviewing the plan, the city may require the ~ 'factions below ~~ ~'°°~°~~'~~~- ~ra°r ~~rr°~ r°~~° a. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. b. Rectifying the impact by repairing, rehabilitating, or restoring the ~ buffer. c. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. d. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at rte a twoe~€-to-one ratio. Monitoring the impact and taking appropriate corrective measures. f. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. ~* ~ °;w,;i~,- ~°r°~'~~ *^ *~° ~~^~~r* ~°~ r° ^'~ A replanting plan must be approved by the city before planing_ g_ Any additional conditions required b,, t~~plicable watershed district and/or the soil and water conservation district shall apply. h. All strategies as listed in item S.k3. (Alternative Average Buffer). 7. Nonconforming Buildings, Structures, and Properties: Any existing building or structure, or any existin ug se of property not in conformity with the regulations prescribed in this chapter as of the date of the adoption of such regulation (insert date of new ordinance) shall be regarded as nonconforming and may continue. Variances: Procedures for granting variances from this section are as follows: 14 a. The city council may approve variances to the requirements in this section. All variances must follow Minnesota state law governing variances. b. Before the city council acts on a variance the environmental and natural resources commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council,,i~,,,,;,,.. ^^~~~°°~^r. The planning commission sal shall hold a public hearing for the variance. ~~~ r° ~rrr^~r;,,.. ~~°~~City staff shall notify the property owners within five hundred (500~~58 feet of the buffer at least ten days before the hearing. c. The city may require the applicant to mitigate any wetland, stream, or buffer ^' impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies as listed in item S.k.3. (Alternative Average Buffer). Te aPp~ev° a~rariansP, ~~o ,. ,.;i w, ,~~ m~i~o ~~o rnii,,.~.;,,.. ~;,,,~;,,..~. # a t tl} •a T ~t~ ~ ~o,.r , ~~,,,,a„o ~, .,,.a ~,; ~~ -- = ,, . o e € ~R~Ee e~ ~e ~~~ ;nom ~ ~ > i ~ ^ •a ~t~ „ > n ~ ., ra„o ~,.,,.a ~, • •~ ~ . ~Ee~~ .,~.io , o r^r ~~o r ee~e e o,~~, o ;~~~ ~ , raor ~ ~Q ~o ~or~~ „ sn ~~~,;~ ~o,.~;,,,, ~ Teo . o „ia ~o ;,, i,oor;,,,.. ,;~~, ~~o ~ ,.;~ .,,,a ;,,~o„~ „~~~,;~ ~o,.~;,,,, 9. Wetland or Buffer Suretv: The applicant shall Bost a wetland or buffer mitigation surety with the city, such as a cash deposit or letter of credit, of one hundred and fifty (150~percent of estimated cost for mitigation. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer miti,~ation surety does not include other sureties required pursuant to an,, o~provision of city code or city directive. 10. Enforcement: The city reserves the right to insbect the site or broberty at anv time for compliance with this ordinance. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use building and rg ading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. 15 AGENDA NO. I-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: March 14, 2008 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: $ 332,585.55 Checks # 74992 thru # 75040 $ 162,496.70 Disbursements via debits to checking account dated 02/28/08 thru 03/06/08 $ 282,182.89 Checks # 75041 thru # 75075 $ 325,380.57 Disbursements via debits to checking account dated 03/06/08 thru 03/13/08 $ 1,102,645.71 Total Accounts Payable PAYROLL $ 476,266.62 Payroll Checks and Direct Deposits dated 03/07/08 $ 2,941.13 Payroll Deduction check # 1004805 thru # 1004807 dated 03/07/08 $ 479,207.75 Total Payroll $ 1,581,853.46 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2903 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments P:\APPROVAL OF CLAIMS\2008\AprClms 03-7 AND 03-14 Check Register City of Maplewood 03/07/2008 Check Date Vendor Description 74992 03/05/2008 04016 STEINER & ASSOC. GRAPHICS CITY NEWSLETTER MARCH 74993 03/05/2008 04016 STEINER & ASSOC. GRAPHICS CITY NEWSLETTER FEB-MAR 74994 03/05/2008 04016 STEINER & ASSOC. GRAPHICS CITY NEWSLETTER ADD'L 12/07 & 01/08 74995 03/06/2008 03738 BETHEL & ASSOCIATES, PA RETAINER FOR LEGAL SERVICES - 74996 03/06/2008 01564 SUZANNE'S CUISINE, INC. WINE & JAZZ FESTIVAL 11/04/06 74997 03/11/2008 00111 ANIMAL CONTROL SERVICES INC PATROL FEE 2/17 - 2/29 74998 03/11/2008 00162 GAYLE BAUMAN CONSULTING FEE 3/1 74999 03/11/2008 03365 NICK FRANZEN REIMB FOR INT & MILEAGE 1/1 - 2/25 75000 03/11/2008 01337 RAMSEY COUNTY-PROP REC & REV 911 DISPATCH SERVICE FEE -FEB 75001 03/11/2008 01504 CITY OF ST PAUL PROJ 07-01 BROOKVIEW AREA 03/11/2008 01504 CITY OF ST PAUL PROJ 07-15 LAKE-PROSPERITY AREA 03/11/2008 01504 CITY OF ST PAUL PROJ 06-16 DESOTO/SKILLMAN 03/11/2008 01504 CITY OF ST PAUL PROJ 06-16 DESOTO/SKILLMAN 03/11/2008 01504 CITY OF ST PAUL PROJ 07-15 LAKE PROSPERITY AREA 03/11/2008 01504 CITY OF ST PAUL RECORD MGMT SOFTWARE FEES -FEB 03/11/2008 01504 CITY OF ST PAUL PROJ 06-16 DESOTO/SKILLMAN 03/11/2008 01504 CITY OF ST PAUL PROJ 06-16 DESOTO/SKILLMAN 03/11/2008 01504 CITY OF ST PAUL PROJ 06-16 DESOTO/SKILLMAN 75002 03/11/2008 01546 SUBURBAN SPORTSWEAR STAFF & RETAIL UNIFORMS 75003 03/11/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 03/11/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 03/11/2008 01190 XCEL ENERGY METERED SPEED SIGN 75004 03/11/2008 04008 AMERITAS MONTHLY PREMIUM -MARCH 75005 03/11/2008 00134 ASSN OF METRO MUNICIPALITIES MEMBERSHIP DUES 75006 03/11/2008 00211 BRAUN INTERTEC CORP. PROJ 07-27 PROF SRVS THRU 2/22 75007 03/11/2008 04051 BRENT BUCKLEY REIMB FOR OVERALLS 2/26 75008 03/11/2008 00358 DGM INC. TOW VEHICLE 03/11/2008 00358 DGM INC. TOW VEHICLE 03/11/2008 00358 DGM INC. TOW VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 03/11/2008 00358 DGM INC. TOW FORFEITURE VEHICLE 75009 03/11/2008 00412 DONALD SALVERDA & ASSOCIATES TRAINING 75010 03/11/2008 03937 EPIC MEDIA RECORD MEETING 2/28 75011 03/11/2008 00587 GOVERNMENT TRAINING SERVICE CAFR TRAINING 75012 03/11/2008 00589 DAVE GRAF KARATE INSTRUCTOR 2/5 - 2/26 75013 03/11/2008 00668 STEVEN HIEBERT REIMB FOR UNIFORM 1/31 75014 03/11/2008 03597 MARY JO HOFMEISTER REIMB FOR MILEAGE 2/4 - 2/25 75015 03/11/2008 00807 MARY KOEHNEN THOMAS CANCELLED MEMBERSHIP 75016 03/11/2008 00827 L M C I T INS QUARTERLY PREMIUM APRIL-JUNE 75017 03/11/2008 00393 DEPT OF LABOR & INDUSTRY MONTHLY SURTAX -FEB 3564145525 75018 03/11/2008 02823 JERROLD MARTIN REIMB FOR UNIFORM 2/23 75019 03/11/2008 02530 MCKINZIE METRO APPRAISAL APPRAISAL - PROJ 07-19 75020 03/11/2008 02617 ALESIA METRY REIMB FOR UNIFORM 2/11 75021 03/11/2008 03036 MN HTCIA REGISTRATION FEE 75022 03/11/2008 01115 MUNICIPAL LEGISLATIVE COMM ANNUAL DUES 75023 03/11/2008 01181 NORTHEAST SUBURBAN TRANSIT CONTRIBUTION TO NEST Amount 1,645.00 1,645.00 1,000.00 6,600.00 989.11 891.30 375.00 173.21 18,147.92 23,819.94 23,440.04 12,699.15 7,711.24 6,902.00 3,798.00 2,532.41 1,940.00 750.00 1,734.00 23,602.34 1,128.19 10.58 9,843.32 9,389.00 3,018.00 82.99 271.13 133.13 133.13 122.48 111.83 90.53 90.53 90.53 90.53 90.53 90.53 90.53 90.53 500.00 261.32 160.00 61.75 43.20 12.37 108.63 47,488.00 415.14 59.99 250.00 59.99 360.00 9,099.00 32.780.00 75024 03/11/2008 00001 ONE TIME VENDOR REFUND STARGATE -LIQUOR LICENSE 3,666.62 75025 03/11/2008 00001 ONE TIME VENDOR REIMB HASTINGS COMM ED OVERPD 58.00 75026 03/11/2008 00001 ONE TIME VENDOR REIMB C ROWE FOR MAILBOX PROJ 07-01 18.62 75027 03/11/2008 03840 REAL LIFE VIDEO VIDEO TECHNICIAN SERVICE -FEB 1,134.75 75028 03/11/2008 03427 NANCY RICHTER REIMB-BATTERIES & WORKSHOP 11/12- 256.87 75029 03/11/2008 01418 SAM'S CLUB DIRECT SUPPLIES FOR COMMUNITY GYMS 204.53 03/11/2008 01418 SAM'S CLUB DIRECT SUPPLIES FOR COMMUNITY GYMS 164.27 03/11/2008 01418 SAM'S CLUB DIRECT SUPPLIES FOR COMMUNITY GYMS 127.91 03/11/2008 01418 SAM'S CLUB DIRECT SUPPLIES FOR COMMUNITY GYMS 82.39 03/11/2008 01418 SAM'S CLUB DIRECT B-DAY PROGRAM/CHILDCARE SUPPLIES 40.73 03/11/2008 01418 SAM'S CLUB DIRECT SUPPLIES FOR COMMUNITY GYMS -6.93 75030 03/11/2008 02467 ST PAUL LINOLEUM AND CARPET CO CARPETING FOR MCC EXERCISE AREA 6,000.00 75031 03/11/2008 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 1,204.50 75032 03/11/2008 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS -FEB 3,091.80 75033 03/11/2008 01574 T.A. SCHIFSKY & SONS, INC PROJ 06-16 DESOTO/SKILLMAN 43,808.56 75034 03/11/2008 03074 TOTAL REFRIGERATION SYS INC PREVENTIVE MAINT PD EVIDENCE REF 107.04 75035 03/11/2008 03088 JOSEPH TRAN REIMB FOR TUITION 1/08 -2/19 663.75 75036 03/11/2008 01683 UNIFORMS UNLIMITED INC POLICE VEST 625.00 75037 03/11/2008 03334 UNIQUE PAVING MATERIALS CORP WINTER PATCHING MATERIALS 203.84 75038 03/11/2008 02464 US BANK FUNDS FOR ATM 11,000.00 75039 03/11/2008 02464 US BANK PAYING AGENT FEES 431.25 03/11/2008 02464 US BANK PAYING AGENT FEES 431.25 03/11/2008 02464 US BANK PAYING AGENT FEES 431.25 03/11/2008 02464 US BANK PAYING AGENT FEES 431.25 03/11/2008 02464 US BANK PAYING AGENT FEES 431.25 03/11/2008 02464 US BANK PAYING AGENT FEES 402.50 03/11/2008 02464 US BANK PAYING AGENT FEES 215.63 75040 03/11/2008 01750 THE WATSON CO INC MDSE FOR RESALE 335.85 332.585.55 49 Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 2/28/2008 2/29/2008 Fri MN State Treasurer State Payroll Tax 23,831.00 2/28/2008 2/29/2008 MN Dept of Natural Resources DNR electronic licenses 512.00 03/01/08 03/03/08 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 17,730.18 03/01/08 03/03/08 Discover Credit Card fees 1,369.08 03/03/08 03/04/08 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 33,538.89 03/04/08 03/05/08 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 23,247.68 03/04/08 03/05/08 US Bank VISA One Card` Purchasing Card Items 43,952.37 03/05/08 03/06/08 Thurs MN State Treasurer Drivers License/Deputy Registrar(city clrk) 18,315.50 TOTAL 762,496.70 `Detailed listing of VISA purchases is attached. Trans Date Posting Date Merchant Name Trans Amount Name 02/20/2008 02/21/2008 CUB FOODS, INC. $4.98 MANDY ANZALDI 02/20/2008 02/21/2008 CUB FOODS, INC. $1.50 MANDY ANZALDI 02/23/2008 02/25/2008 CUB FOODS, INC. $3.08 MANDY ANZALDI 02/23/2008 02/25/2008 MENARDS 3022 $13.78 MANDY ANZALDI 02/23/2008 02/26/2008 JOANN ETC #1970 $51.97 MANDY ANZALDI 02/26/2008 02/27/2008 CUB FOODS, INC. $5.30 MANDY ANZALDI 02/28/2008 02/29/2008 TARGET 00011858 $12.74 MANDY ANZALDI 02/26/2008 02/27/2008 TARGET 00011858 $195.77 LONN BAKKE 02/18/2008 02/21/2008 PARK SUPPLY OF AMERICA IN $92.80 JIM BEHAN 02/19/2008 02/20/2008 HENRIKSEN ACE HARDWARE $39.38 JIM BEHAN 02/19/2008 02/20/2008 SPRINT *WIRELESS SVCS $47.40 JIM BEHAN 02/19/2008 02/21/2008 PRIORTIY COURIER $104.80 JIM BEHAN 02/20/2008 02/22/2008 RYAN PLUMBING & HEATING $800.00 JIM BEHAN 02/22/2008 02/25/2008 GOPHER BEARING CO, $833.49 JIM BEHAN 02/26/2008 02/29/2008 PARK SUPPLY OF AMERICA IN $451.56 JIM BEHAN 02/25/2008 02/27/2008 RF IDEAS, INC. $188.50 CHAD BERGO 02/21/2008 02/22/2008 MENARDS 3017 WEST ST PAUL $24.83 OAKLEY BIESANZ 02/15/2008 02/18/2008 MENARDS 3022 $42.04 RON BOURQUIN 02/15/2008 02/18/2008 PRICE CHOPPER INC $1,576.75 NEIL BRENEMAN 02/19/2008 02/20/2008 HENRIKSEN ACE HARDWARE $2.11 NEIL BRENEMAN 02/19/2008 02/20/2008 SPRINT AQUATICS $175.64 NEIL BRENEMAN 02/26/2008 02/27/2008 JUMP ROPES/ COUNTER $102.45 NEIL BRENEMAN 02/20/2008 02/21/2008 OPTICS PLANET INC $139.90 DAN BUSACK 02/20/2008 02/22/2008 BROWNELLS INC $348.80 DAN BUSACK 02/27/2008 02/28/2008 OPTICS PLANET INC $139.90 DAN BUSACK 02/27/2008 02/29/2008 BROWNELLS INC $32.75 DAN BUSACK 02/25/2008 02/26/2008 AVIS RENT-A-CAR 1 $193.97 NICHOLAS CARVER 02/26/2008 02/27/2008 WYNDHAM HOTELS PALM SPGS $726.16 NICHOLAS CARVER 02/15/2008 02/18/2008 STATE SUPPLY COMPANY $176.57 SCOTT CHRISTENSON 02/19/2008 02/20/2008 NAPA AUTO PARTS 3279016 $27.48 SCOTT CHRISTENSON 02/20/2008 02/22/2008 STATE SUPPLY COMPANY $72.51 SCOTT CHRISTENSON 02/21/2008 02/22/2008 HEJNY RENTAL $133.78 SCOTT CHRISTENSON 02/28/2008 02/29/2008 WALGREENS #3122 Q03 $32.13 SCOTT CHRISTENSON 02/27/2008 02/28/2008 MENARDS 3059 $19.77 DAVE EDSON 02/27/2008 02/29/2008 S & T OFFICE PRODUCTS $266.25 ANDREW ENGSTROM 02/14/2008 02/18/2008 THE HOME DEPOT 2801 ($14.80) LARRY FARR 02/14/2008 02/18/2008 THE HOME DEPOT 2801 $21.29 LARRY FARR 02/14/2008 02/21/2008 OVERHEAD DOOR OF NORTH $518.45 LARRY FARR 02/19/2008 02/20/2008 MENARDS 3059 $2,156.61 LARRY FARR 02/26/2008 02/27/2008 TWIN CITY HARDWARE HADLEY $117.15 LARRY FARR 02/26/2008 02/27/2008 FLUID INTERIORS $894.97 LARRY FARR 02/26/2008 02/27/2008 HOTSY EQUIPMENT OF MINNES $166.49 LARRY FARR 02/28/2008 02/29/2008 A & M BUSINESS INTERIORS $4,519.50 LARRY FARR 02/21/2008 02/22/2008 SCIENCE MUSEUM RAMP $6.00 DAVID FISHER 02/20/2008 02/22/2008 CURTIS 1000 $52.42 KAREN FORMANEK 02/20/2008 02/22/2008 OFFICE DEPOT #1090 $51.90 KAREN FORMANEK 02/25/2008 02/27/2008 OFFICE DEPOT #1090 $7.87 KAREN FORMANEK 02/20/2008 02/22/2008 MILLS FLEET FARM #24 $9.87 MYCHAL FOWLDS 02/21/2008 02/25/2008 THE HOME DEPOT 2801 $8.48 MYCHAL FOWLDS 02/25/2008 02/26/2008 SYX*TIGERDIRECT.COM $59.47 MYCHAL FOWLDS 02/25/2008 02/26/2008 QWESTCOMM*TN651 $66.45 MYCHAL FOWLDS 02/25/2008 02/27/2008 SPRINTPCS-CUSTCAREPMT $737.05 MYCHAL FOWLDS 02/25/2008 02/27/2008 PROFIT SYSTEMS INC $1,058.40 MYCHAL FOWLDS 02/25/2008 02/28/2008 GHG CORPORATION $1,600.00 MYCHAL FOWLDS 02/26/2008 02/26/2008 GOVDOCS.COM, INC. $820.00 MYCHAL FOWLDS 02/26/2008 02/27/2008 QQEST ASSET MANAGEMENT $389.00 MYCHAL FOWLDS 02/23/2008 02/25/2008 HP DIRECT-PUBLICSECTOR $169.34 NICK FRANZEN 02/15/2008 02/18/2008 R D J SPECIALTIES $311.03 CLARENCE GERVAIS 02/18/2008 02/20/2008 R D J SPECIALTIES $390.09 CLARENCE GERVAIS 02/21/2008 02/22/2008 R D J SPECIALTIES $706.71 CLARENCE GERVAIS 02/15/2008 02/18/2008 OFFICE DEPOT #1090 $114.99 JEAN GLASS 02/21/2008 02/25/2008 OFFICE DEPOT #1090 $15.95 JEAN GLASS 02/19/2008 02/21/2008 INT'L INST OF MUNI CLE $175.00 KAREN E GUILFOILE 02/25/2008 02/26/2008 GOODIN COMPANY $223.64 MARK HAAG 02/15/2008 02/18/2008 CLOVER SUPER FOODS $273.88 LORI HANSON 02/27/2008 02/28/2008 ARAMARK MINNEAPOLIS OCS $494.36 LORI HANSON 02/27/2008 02/28/2008 ARAMARK MINNEAPOLIS OCS $288.86 LORI HANSON 02/27/2008 02/28/2008 ARAMARK MINNEAPOLIS OCS $357.36 LORI HANSON 02/28/2008 02/29/2008 CLOVER SUPER FOODS $305.92 LORI HANSON 02/16/2008 02/18/2008 NATL EMERG TRAINING CTR $126.77 PATRICK HEFFERNAN 02/17/2008 02/18/2008 CLAREY'S SAFETY EQUIPM $119.54 PATRICK HEFFERNAN 02/21/2008 02/22/2008 PAYPAL *FJEII $15.99 RON HORWATH 02/26/2008 02/27/2008 POOLTOY.COM $65.82 RON HORWATH 02/15/2008 02/18/2008 U OF M CCE $330.00 ANN E HUTCHINSON 02/19/2008 02/21/2008 ADAMS PEST CONTROL $69.23 ANN E HUTCHINSON 02/20/2008 02/21/2008 KNOWLANS #2 $16.68 ANN E HUTCHINSON 02/22/2008 02/25/2008 BLUE RIBBON BAIT & TACKLE $12.11 ANN E HUTCHINSON 02/27/2008 02/28/2008 KNOWLANS #2 $23.63 ANN E HUTCHINSON 02/16/2008 02/18/2008 U OF M BLOSYS/AG ENG OL $245.00 SCOTT JACOBSON 02/19/2008 02/20/2008 DALCO ENTERPRISES, INC $528.75 DAVID JAHN 02/26/2008 02/27/2008 DALCO ENTERPRISES, INC $580.36 DAVID JAHN 02/24/2008 02/25/2008 CUB FOODS, INC. $5.72 KEVIN JOHNSON 02/15/2008 02/18/2008 BATTERIES PLUS $34.04 TOM KALKA 02/19/2008 02/21/2008 SATURN OF ST PAUL WHITE B $10.61 TOM KALKA 02/22/2008 02/25/2008 SATURN OF ST PAUL WHITE B $9.88 TOM KALKA 02/27/2008 02/28/2008 THE UPS STORE #2171 $8.40 TOM KALKA 02/22/2008 02/25/2008 OFFICE DEPOT #1090 $11.92 LISA KROLL 02/22/2008 02/25/2008 SHRED-IT 01 OF 01 $88.92 LISA KROLL 02/25/2008 02/26/2008 ARVEY PAPER & OFFICE PRO $1,758.22 LISA KROLL 02/25/2008 02/26/2008 ARVEY PAPER & OFFICE PRO $39.00 LISA KROLL 02/25/2008 02/27/2008 OFFICE DEPOT #1090 $14.37 LISA KROLL 02/26/2008 02/28/2008 UNIFORMS UNLIMITED INC $98.99 DAVID KVAM 02/15/2008 02/18/2008 DE LACE LANDEN OP01 OF 01 $379.14 STEVE LUKIN 02/15/2008 02/18/2008 VZWRLSS*APOCC VISN $24.58 STEVE LUKIN 02/15/2008 02/18/2008 NORMS TIRE SALES INC $41.00 STEVE LUKIN 02/16/2008 02/18/2008 DALCO ENTERPRISES, INC $279.05 STEVE LUKIN 02/22/2008 02/25/2008 WMS*WASTE MGMT WMEZPAY $351.24 STEVE LUKIN 02/25/2008 02/26/2008 METRO SALES INC $420.96 STEVE LUKIN 02/25/2008 02/26/2008 EMERGENCY APPARATUS MAINT $175.01 STEVE LUKIN 02/26/2008 02/27/2008 EMERGENCY APPARATUS MAINT $322.38 STEVE LUKIN 02/26/2008 02/28/2008 BOYER FORD TRUCKS INC $394.41 STEVE LUKIN 02/27/2008 02/28/2008 MENARDS 3059 $8.50 STEVE LUKIN 02/28/2008 02/29/2008 AJ FORLITI PHOTOGRAPHY $42.80 STEVE LUKIN 02/22/2008 02/25/2008 SHRED-IT 01 OF 01 $19.65 ROBERT MITTET 02/22/2008 02/25/2008 QWESTCOMM*TN651 $57.74 ROBERT MITTET 02/28/2008 02/28/2008 COMCAST CABLE COMM $184.23 ROBERT MITTET 02/21/2008 02/25/2008 PUMP AND METER SERVI $167.52 ED NADEAU 02/27/2008 02/28/2008 CINTAS FIRST AID #431 $72.47 BRYAN NAGEL 02/15/2008 02/18/2008 ON SITE SANITATION INC $144.84 AMY NIVEN 02/27/2008 02/29/2008 OFFICE DEPOT #1090 $55.10 AMY NIVEN 02/21/2008 02/25/2008 EXPLORING $125.00 JULIE OLSON 02/22/2008 02/25/2008 EXPLORING $25.00 JULIE OLSON 02/25/2008 02/27/2008 OFFICE DEPOT #1090 $32.30 MARY KAY PALANK 02/22/2008 02/25/2008 SUPERAMERICA 4022 Q64 $73.30 ROBERT PETERSON 02/15/2008 02/18/2008 BATTERIES PLUS $25.05 PHILIP F POWELL 02/15/2008 02/18/2008 POSGLOBAL.COM $67.85 PHILIP F POWELL 02/22/2008 02/25/2008 SPECIFIC BAGS, INC. $130.80 PHILIP F POWELL 02/22/2008 02/25/2008 TAYLOR &FRANCIS-CRC-DEKK $42.46 PHILIP F POWELL 02/22/2008 02/25/2008 SPECTAPE OF WI $41.16 PHILIP F POWELL 02/28/2008 02/29/2008 RADIOSHACK COR00199133 $15.09 PHILIP F POWELL 02/14/2008 02/18/2008 S & W HEALTHCARE CORP $720.00 ROBERT PRECHTEL 02/18/2008 02/19/2008 PRIMARY PRODUCTS COMPA $325.80 ROBERT PRECHTEL 02/19/2008 02/19/2008 TRI-ANIM HEALTH SERVICES $59.64 ROBERT PRECHTEL 02/19/2008 02/19/2008 TRI-ANIM HEALTH SERVICES $117.22 ROBERT PRECHTEL 02/22/2008 02/25/2008 BOUND TREE MEDICAL LLC $763.80 ROBERT PRECHTEL 02/15/2008 02/18/2008 THE AUTOMOTIVE TRAINING G $378.00 STEVEN PRIEM 02/19/2008 02/21/2008 TOUSLEY FORD 127200039 $233.97 STEVEN PRIEM 02/21/2008 02/22/2008 TRUCK UTILITIES INC $87.01 STEVEN PRIEM 02/21/2008 02/25/2008 BAUER BULT TRE33200023 $314.26 STEVEN PRIEM 02/22/2008 02/25/2008 KATH AUTO PARTS NSP $68.03 STEVEN PRIEM 02/22/2008 02/25/2008 BOYER FORD TRUCKS INC $85.33 STEVEN PRIEM 02/22/2008 02/26/2008 LARRY REIDS WHITE BEARD $3.41 STEVEN PRIEM 02/25/2008 02/26/2008 BATTERIES PLUS OF RSVL $52.72 STEVEN PRIEM 02/25/2008 02/27/2008 BUERKLE HONDA $9.39 STEVEN PRIEM 02/25/2008 02/27/2008 BAUER BULT TRE33200023 $734.45 STEVEN PRIEM 02/25/2008 02/27/2008 BAUER BULT TRE33200023 $488.62 STEVEN PRIEM 02/26/2008 02/28/2008 ASPEN EQUIPMENT C/O CINDY $429.60 STEVEN PRIEM 02/27/2008 02/28/2008 KATH AUTO PARTS LC $385.98 STEVEN PRIEM 02/27/2008 02/29/2008 KATH AUTO PARTS LC $47.91 STEVEN PRIEM 02/28/2008 02/29/2008 MACQUEEN EQUIPMENT INC $126.71 STEVEN PRIEM 02/28/2008 02/29/2008 MACQUEEN EQUIPMENT INC $21.79 STEVEN PRIEM 02/15/2008 02/18/2008 SHRED-IT 01 OF 01 $63.27 KEVIN RABBETT 02/21/2008 02/25/2008 LAW ENFORCEMENT TARGETS $131.61 KEVIN RABBETT 02/22/2008 02/25/2008 SHRED-IT 01 OF 01 $56.61 KEVIN RABBETT 02/27/2008 02/29/2008 MICHAELS #2744 $37.26 KEVIN RABBETT 02/28/2008 02/29/2008 SEMINARS NAT'L/PADGETT $897.00 TERRIE RAMEAUX 02/22/2008 02/25/2008 WYNDHAM HOTELS PALM SPGS $907.70 MICHAEL RICE 02/15/2008 02/18/2008 CUB FOODS, INC. $37.73 AUDRA ROBBINS 02/15/2008 02/19/2008 AMERICAN RED CROSS TWIN C $284.48 AUDRA ROBBINS 02/18/2008 02/20/2008 WONDER/HOSTESS #63 $16.47 AUDRA ROBBINS 02/26/2008 02/27/2008 PIONEER PRESS ADVERTISIN $42.00 AUDRA ROBBINS 02/21/2008 02/22/2008 UNITED RENTALS $117.70 ROBERT RUNNING 02/21/2008 02/22/2008 LTG POWER EQUIPMENT $21.30 ROBERT RUNNING 02/21/2008 02/25/2008 WW GRAINGER 497 $213.86 ROBERT RUNNING 02/26/2008 02/28/2008 WW GRAINGER 495 $37.96 ROBERT RUNNING 02/15/2008 02/18/2008 OFFICE DEPOT #1090 02/23/2008 02/25/2008 DOLRTREE 1295 00012955 02/25/2008 02/26/2008 PEI WEI ASIANDINER0113 02/28/2008 02/29/2008 CUB FOODS, INC. 02/15/2008 02/18/2008 OFFICE DEPOT #1090 02/22/2008 02/25/2008 VERIZON WRLS M3099-01 02/26/2008 02/27/2008 HENRIKSEN ACE HARDWARE 02/20/2008 02/21/2008 BLAUER TACTICAL SYSTEMS 02/25/2008 02/26/2008 DAVIS LOCK & SAFE 02/28/2008 02/29/2008 ITL PATCH COMPANY 02/19/2008 02/21/2008 GRANDMA'S BAKERY 02/22/2008 02/25/2008 PARTY AMERICA 1018 02/22/2008 02/26/2008 INNOVATIVE COLOR PRINTING 02/22/2008 02/26/2008 INNOVATIVE COLOR PRINTING 02/22/2008 02/26/2008 INNOVATIVE COLOR PRINTING 02/15/2008 02/18/2008 DE LACE LANDEN OP01 OF 01 02/15/2008 02/18/2008 LOFFLER COMPANIES INC 02/21/2008 02/25/2008 OXYGEN SERVICE CO INC 02/15/2008 02/18/2008 43RD STREET PUB AND GRILL 02/17/2008 02/21/2008 43RD STREET PUB AND GRILL 02/19/2008 02/20/2008 HOLIDAY IN OWATONNA 02/21/2008 02/25/2008 TEE'S PLUS 02/18/2008 02/19/2008 S & T OFFICE PRODUCTS 02/21/2008 02/25/2008 MNSCU 02/13/2008 02/18/2008 PIZZA MAN 02/15/2008 02/18/2008 SHRED-IT 01 OF 01 02/19/2008 02/20/2008 ZEP MANUFACTURING $108.12 HARRIET J RYDEL $10.70 HARRIET J RYDEL $126.74 HARRIET J RYDEL $107.00 HARRIET J RYDEL $76.66 DEB SCHMIDT $23.95 DEB SCHMIDT $14.35 SCOTT SCHULTZ $450.00 MICHAEL SHORTREED $37.50 MICHAEL SHORTREED $571.37 MICHAEL SHORTREED $117.50 PAULINE STAPLES $48.86 PAULINE STAPLES ($5.80) PAULINE STAPLES $5.80 PAULINE STAPLES $50.80 PAULINE STAPLES $626.43 JOANNE M SVENDSEN $155.00 JOANNE M SVENDSEN $42.72 TODD TEVLIN $7.43 JOE TRAN $8.00 JOE TRAN $409.20 JOE TRAN $49.50 JOE TRAN $43.22 KAREN WACHAL $95.00 KAREN WACHAL $56.00 SUSAN ZWIEG $119.55 SUSAN ZWIEG $191.06 SUSAN ZWIEG Total $43,952.37 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03/07/08 HJELLE, ERIK 416.42 03/07/08 JUENEMANN, KATHLEEN 416.42 03/07/08 NEPHEW, JOHN 416.42 03/07/08 ROSSBACH, WILLIAM 416.42 03/07/08 COPELAND, EUGENE 3,268.80 03/07/08 RYDEL, HARRIET 1,565.60 03/07/08 CHRISTENSON, SCOTT 2,119.83 03/07/08 FARR, LARRY 2,350.87 03/07/08 JAHN, DAVID 1,737.97 03/07/08 ARNOLD, AJLA 1,152.00 03/07/08 RAMEAUX, THERESE 2,737.84 03/07/08 FORMANEK, KAREN 1,650.92 03/07/08 MITTET, ROBERT 3,366.86 03/07/08 AFFOLTER, PENNY 2,509.91 03/07/08 ANDERSON, CAROLE 2,601.35 03/07/08 DEBILZAN, JUDY 1,218.21 03/07/08 JACKSON, MARY 2,466.21 03/07/08 KELSEY, CONNIE 2,602.78 03/07/08 FRY, PATRICIA 1,861.31 03/07/08 GUILFOILE, KAREN 3,491.86 03/07/08 KROLL, LISA 1,591.50 03/07/08 MORSON, JOHN 447.84 03/07/08 SCHMIDT, DEBORAH 2,109.44 03/07/08 SPANGLER, EDNA 998.01 03/07/08 CORTESl, LUANNE 804.36 03/07/08 JAGOE, CAROL 1,778.87 03/07/08 KELLY, LISA 569.61 03/07/08 CARSON, MICHELLE 1,102.77 03/07/08 MECHELKE, SHERRIE 1,129.63 03/07/08 MOY, PAMELA 1,046.39 03/07/08 OSTER, ANDREA 1,781.20 03/07/08 WEAVER, KRISTINE 1,949.37 03/07/08 CORCORAN, THERESA 1,792.55 03/07/08 DOLLERSCHELL, ROBERT 3,366.86 03/07/08 L1VINGSTON, JOYCE 2,084.88 03/07/08 PALANK, MARY 1,875.76 03/07/08 POWELL, PHILIP 2,667.29 03/07/08 R1CH1E, CAROLE 1,823.82 03/07/08 SAMUELSON, MICHAEL 2,151.75 03/07/08 SVENDSEN, JOANNE 1,964.99 03/07/08 THOMALLA, DAVID 4,429.00 03/07/08 THOMPSON, DEBRA 775.51 03/07/08 ABEL, CL1NT 2,658.43 03/07/08 ALDRIDGE, MARK 2,695.88 03/07/08 BAKKE, LONN 2,553.60 03/07/08 BARTZ, PAUL 3,550.43 03/07/08 BELDE, STANLEY 2,648.41 03/07/08 BENJAMIN, MARKESE 1,713.94 03/07/08 BIERDEMAN, BRIAN 3,458.00 03/07/08 BOHL, JOHN 2,778.38 03/07/08 BUSACK, DANIEL 2,993.92 03/07/08 COFFEY, KEVIN 2,769.00 03/07/08 GROTTY, KERRY 3,296.54 03/07/08 DEMULLING, JOSEPH 1,828.88 03/07/08 DOBLAR, RICHARD 3,244.74 03/07/08 FRITZE, DEREK 1,813.56 03/07/08 GABRIEL, ANTHONY 2,779.17 03/07/08 HAWKINSON JR, TIMOTHY 1,821.32 03/07/08 HEINZ, STEPHEN 2,927.30 03/07/08 HIEBERT, STEVEN 2,759.02 03/07/08 ISACSON, JEFFREY 1,725.48 03/07/08 JOHNSON, KEVIN 4,016.46 03/07/08 KALKA, THOMAS 1,499.88 03/07/08 KARTS, FLINT 3,366.32 03/07/08 KONG, TOMMY 2,551.82 03/07/08 KROLL, BRETT 2,506.28 03/07/08 KVAM, DAVID 3,523.42 03/07/08 LANGNER, TODD 2,198.69 03/07/08 CARSON, DANIEL 2,620.51 03/07/08 LU, JOHNNIE 2,582.43 03/07/08 MARINO, JASON 2,532.78 03/07/08 MARTIN, JERROLD 2,995.89 03/07/08 MCCARTY, GLEN 2,840.19 03/07/08 METRY, ALESIA 3,374.39 03/07/08 NYE, MICHAEL 2,616.33 03/07/08 OLSON, JULIE 294.59 03/07/08 PALMA, STEVEN 3,083.12 03/07/08 RABBETT, KEVIN 3,587.70 03/07/08 RHUDE, MATTHEW 2,351.62 03/07/08 SHORTREED, MICHAEL 3,268.81 03/07/08 STEFFEN, SCOTT 3,855.75 03/07/08 STEINER, JOSEPH 2,794.45 03/07/08 SYPNIEWSKI, WILLIAM 2,400.11 03/07/08 SZCZEPANSKI, THOMAS 2,821.87 03/07/08 TRAN, JOSEPH 2,513.90 03/07/08 WENZEL, JAY 2,623.49 03/07/08 XIONG, KAO 2,646.77 03/07/08 BERGERON, JOSEPH 3,816.71 03/07/08 DUGAS, MICHAEL 3,302.76 03/07/08 ERICKSON, VIRGINIA 3,017.40 03/07/08 FLOR, TIMOTHY 3,942.13 03/07/08 FRASER, JOHN 2,875.43 03/07/08 LANGNER, SCOTT 2,624.59 03/07/08 THEISEN, PAUL 2,601.51 03/07/08 THIENES, PAUL 2,742.89 03/07/08 DAWSON, RICHARD 3,947.33 03/07/08 EVERSON, PAUL 2,816.34 03/07/08 HALWEG, JODI 2,658.70 03/07/08 NOVAK, JEROME 3,643.46 03/07/08 OLSON, JAMES 2,687.45 03/07/08 PERBIX, CHARLES 2,331.42 03/07/08 PETERSON, ROBERT 3,172.29 03/07/08 RICHARDSON, ANDREA 2,342.91 03/07/08 SEDLACEK, JEFFREY 2,514.11 03/07/08 STREFF, MICHAEL 2,193.60 03/07/08 SVENDSEN, RONALD 2,951.02 03/07/08 GERVAIS-JR, CLARENCE 3,342.04 03/07/08 LUK1N, STEVEN 4,016.18 03/07/08 ZW1EG, SUSAN 2,108.55 03/07/08 AHL, R. CHARLES 6,042.87 03/07/08 KNUTSON, LO1S 1,745.35 03/07/08 KONEWKO, DUWAYNE 5,138.79 03/07/08 N1VEN, AMY 1,332.42 03/07/08 PRIEFER, WILLIAM 2,615.28 03/07/08 BRINK, TROY 2,202.01 03/07/08 BUCKLEY, BRENT 1,657.35 03/07/08 DEBILZAN, THOMAS 2,158.03 03/07/08 EDGE, DOUGLAS 2,010.15 03/07/08 HAMRE, MILES 424.00 03/07/08 JONES, DONALD 2,193.03 03/07/08 MEYER, GERALD 2,225.16 03/07/08 NAGEL, BRYAN 2,486.01 03/07/08 OSWALD, ER1CK 2,206.77 03/07/08 RUNNING, ROBERT 2,062.15 03/07/08 TEVLIN, TODD 1,979.75 03/07/08 BURLINGAME, NATHAN 1,631.75 03/07/08 DUCHARME, JOHN 2,464.72 03/07/08 ENGSTROM, ANDREW 2,330.82 03/07/08 GAYNOR, VIRGINIA 2,182.95 03/07/08 JACOBSON, SCOTT 2,176.13 03/07/08 JAROSCH, JONATHAN 2,367.75 03/07/08 KREGER, JASON 2,116.83 03/07/08 KUMMER, STEVEN 3,062.05 03/07/08 LABEREE, ERIN 468.73 03/07/08 LINDBLOM, RANDAL 2,841.28 03/07/08 O'CONNOR, DONOVAN 97.60 03/07/08 SCHREMPP, ANTHONY 103.84 03/07/08 THOMPSON, MICHAEL 3,406.87 03/07/08 WACHAL, KAREN 822.26 03/07/08 ZIEMAN, SCOTT 224.40 03/07/08 EDSON, DAVID 2,270.96 03/07/08 HELEY, ROLAND 8,426.52 03/07/08 HINNENKAMP, GARY 2,015.87 03/07/08 MARUSKA, MARK 3,000.18 03/07/08 NAUGHTON, JOHN 1,975.75 03/07/08 NOVAK, MICHAEL 2,006.15 03/07/08 SCHINDELDECKER, JAMES 2,008.46 03/07/08 BIESANZ, OAKLEY 1,523.13 03/07/08 DEAVER, CHARLES 188.56 03/07/08 HAYMAN, JANET 1,712.06 03/07/08 HUTCHINSON, ANN 2,472.00 03/07/08 EKSTRAND, THOMAS 3,600.06 03/07/08 S1NDT, ANDREA 1,884.55 03/07/08 YOUNG, TAMELA 1,766.95 03/07/08 FIN WALL, SHANN 2,866.60 03/07/08 ROBERTS, KENNETH 2,756.11 03/07/08 BRASH, JASON 1,715.75 03/07/08 CARVER, NICHOLAS 3,027.38 03/07/08 FISHER, DAVID 3,938.72 03/07/08 RICE, MICHAEL 2,346.15 03/07/08 SWAN, DAVID 2,414.95 03/07/08 WELLENS, MOLLY 1,423.51 03/07/08 BERGER, STEPHANIE 520.63 03/07/08 BROZAK, KATHERINE 230.00 03/07/08 DAHL, RICHARD 36.00 03/07/08 HILDEBRANT, SAWYER 80.00 03/07/08 NIEMAN, JAMES 135.00 03/07/08 OHLHAUSER, MEGHAN 757.50 03/07/08 ROBBINS, AUDRA 2,439.86 03/07/08 RUMBLE, ANGELICA 507.50 03/07/08 SHERRILL, CAITLIN 492.50 03/07/08 TAUBMAN, DOUGLAS 3,115.54 03/07/08 TAYLOR, JAMES 1,912.50 03/07/08 GERMAIN, DAVID 2,015.39 03/07/08 HAAG, MARK 2,055.15 03/07/08 NADEAU, EDWARD 3,061.98 03/07/08 NORDQUIST, RICHARD 2,006.15 03/07/08 SCHULTZ, SCOTT 2,202.16 03/07/08 ANZALDI, MANDY 1,928.64 03/07/08 BERGLUND, DANIEL 273.00 03/07/08 BRENEMAN, NEIL 1,657.89 03/07/08 CRAWFORD - JR, RAYMOND 660.00 03/07/08 EVANS, CHRISTINE 1,137.07 03/07/08 FABIO-SHANLEY, MICHAEL 238.00 03/07/08 GLASS, JEAN 1,982.54 03/07/08 GROPPOLI, LINDA 517.13 03/07/08 HANSEN, LORI 2,490.13 03/07/08 HER, CHONG 366.00 03/07/08 HOFMEISTER, MARY 1,010.11 03/07/08 PELOQUIN, PENNYE 603.72 03/07/08 SCHOENECKER, LEIGH 216.00 03/07/08 STAPLES, PAULINE 3,028.20 03/07/08 SWINTEK-MOORS, JENNIFER 1,318.00 03/07/08 YANG, TIM 260.00 03/07/08 BIGGS, ANNETTE 99.00 03/07/08 BRUSOE, AMY 116.74 03/07/08 BRUSOE, CRISTINA 256.46 03/07/08 DEL ROSARIO, THERESA 19.50 03/07/08 DUNN, RYAN 1,036.66 03/07/08 ERICKSON-CLARK, CAROL 47.50 03/07/08 FONTAINE, KIM 1,041.94 03/07/08 GIEL, NICOLE 170.00 03/07/08 GREDVIG, ANDERS 412.57 03/07/08 HASSENSTAB, DENISE 44.70 03/07/08 HORWATH, RONALD 2,439.86 03/07/08 IRISH, PETER 117.00 03/07/08 KRONHOLM, KATHRYN 798.96 03/07/08 KURZHAL, ALISON 22.75 03/07/08 LAMEYER, ZACHARY 61.20 03/07/08 PROESCH, ANDY 518.23 03/07/08 ROLLOFF-FELLNER, TAYLOR 27.00 03/07/08 SCHAEFER, ANDREA 30.06 03/07/08 SIVALD, SHANNON 118.63 03/07/08 SMITH, ANN 216.70 03/07/08 TAYLOR, JASON 92.81 03/07/08 TUPY, HE1DE 318.00 03/07/08 TUPY, MARCUS 242.55 03/07/08 WOLFGRAM, MARY 195.00 03/07/08 WOLFGRAM, TERESA 75.94 03/07/08 GIERNET, ASHLEY 124.00 03/07/08 HER, SHILLAME 210.25 03/07/08 HOLMGREN, STEPHANIE 244.00 03/07/08 PATTERSON, FELORENZA 262.00 03/07/08 BATTLER, MELINDA 317.60 03/07/08 TOLENTINO, LISA 962.50 03/07/08 BEHAN, JAMES 2,154.57 03/07/08 DOUGLASS, TOM 1,327.72 03/07/08 GROPPOLl, JOE 409.50 03/07/08 PATTERSON, ALBERT 1,578.52 03/07/08 PR1NS, KELLY 1,162.62 03/07/08 REILLY, MICHAEL 2,071.99 03/07/08 VANG, HUE 193.70 03/07/08 AICHELE, CRAIG 2,055.75 03/07/08 PR1EM, STEVEN 2,256.55 03/07/08 WOEHRLE, MATTHEW 1,867.75 03/07/08 BERGO, CHAD 2,355.82 03/07/08 FOWLDS, MYCHAL 2,686.82 03/07/08 FRANZEN, NICHOLAS 1,780.66 1004703 03/07/08 LONGRIE, DIANA 473.15 1004704 03/07/08 MOR1N, TROY 131.75 1004705 03/07/08 WELCHLIN, CABOT 2,757.25 1004706 03/07/08 BAUMAN, ANDREW 2,193.60 1004707 03/07/08 FASULO, WALTER 144.00 1004708 03/07/08 SOUTTER, CHRISTINE 312.63 1004709 03/07/08 HALL, KATHLEEN 105.00 1004710 03/07/08 ABRAHAMSON, AMANDA 45.50 1004711 03/07/08 ABRAHAMSON, TYLER 121.00 1004712 03/07/08 BONKO, NICHOLAS 61.50 1004713 03/07/08 BRUDZINSKI, JOSEPH 60.00 1004714 03/07/08 BUCZKOWSKl, ALAN 168.00 1004715 03/07/08 BURNS, BETH 42.00 1004716 03/07/08 CHEZIK, CARLEY 40.50 1004717 03/07/08 DAHL, CALEB 19.50 1004718 03/07/08 FRANK, SARAH 50.00 1004719 03/07/08 GAV1N, BENJAMIN 33.75 1004720 03/07/08 GOODRICH, CHAD 105.00 1004721 03/07/08 GOODRICH, DANIELLE 259.25 1004722 03/07/08 GREENER, DOUGLAS 97.50 1004723 03/07/08 HANNIGAN, TYLER 66.00 1004724 03/07/08 HELKAMP, KAYLA 50.00 1004725 03/07/08 HOLDER, MOLLY 142.50 1004726 03/07/08 JACKSON, ANGLE 30.75 1004727 03/07/08 JACKSON, CHRISTOPHER 20.25 1004728 03/07/08 JACKSON, HANNAH 30.75 1004729 03/07/08 KOHLMAN, JENNIFER 288.75 1004730 03/07/08 LINDA, KELLIE 352.19 1004731 03/07/08 MASON, LAURA 119.00 1004732 03/07/08 MORRISETTE, WILLIAM 40.50 1004733 03/07/08 MORRISETTE, ZACHARY 33.00 1004734 03/07/08 MOTTAZ, KATE 60.00 1004735 03/07/08 MUELLNER, CHADD 108.50 1004736 03/07/08 NELSON, KIRSTEN 66.00 1004737 03/07/08 NICHOLSON, COLIN 49.00 1004738 03/07/08 OLSEN, TRISHA 183.00 1004739 03/07/08 ROBBINS, EMERALD 264.69 1004740 03/07/08 ROBERTS, ALYSSA 64.00 1004741 03/07/08 SCHALLER, SCOTT 40.00 1004742 03/07/08 SCHOUVIELLER, NATHAN 40.00 1004743 03/07/08 SERGOT, COLLIN 56.00 1004744 03/07/08 SVOBODA, PATRICK 60.00 1004745 03/07/08 TARR-JR, GUS 75.00 1004746 03/07/08 THEISS, NIANDRA 26.00 1004747 03/07/08 THEISS, TIANA 56.00 1004748 03/07/08 YORKOVICH, BENJAMIN 204.00 1004749 03/07/08 YORKOVICH, JENNA 132.00 1004749 03/07/08 YORKOVICH, JENNA 60.00 1004750 03/07/08 HER, PETER 214.60 1004751 03/07/08 MURRAY, BRENDON 222.94 1004752 03/07/08 NAGEL, BROOKE 372.00 1004753 03/07/08 VANG, KAY 321.30 1004754 03/07/08 VUE,LORPAO 246.71 1004755 03/07/08 WERNER, ANGELA 42.00 1004756 03/07/08 AICHELE, MEGAN 87.75 1004757 03/07/08 BENJAMIN, AYLA 29.25 1004758 03/07/08 CHASTAN, ADAM 39.00 1004759 03/07/08 CLARK, PAMELA 108.00 1004760 03/07/08 COLWELL, ALICIA 85.00 1004761 03/07/08 GRANT, MELISSA 389.45 1004762 03/07/08 GRUENHAGEN, LINDA 630.25 1004763 03/07/08 HAGSTROM, EMILY 58.50 1004764 03/07/08 HOLMBERG, LADONNA 574.00 1004765 03/07/08 JOYER, JENNA 29.25 1004766 03/07/08 KOVACS, BREANNA 110.50 1004767 03/07/08 MCCANN, NATALIE 90.00 1004768 03/07/08 MCCARTHY, ERICA 45.50 1004769 03/07/08 MCLAURIN, CHRISTOPHER 221.44 1004770 03/07/08 MCMAHON, MICHAEL 15.75 1004771 03/07/08 NADEAU, KELLY 47.25 1004772 03/07/08 NWANOKWALE, MORDY 251.66 1004773 03/07/08 PEHOSKI, JOEL 96.00 1004774 03/07/08 RICHTER, DANIEL 71.00 1004775 03/07/08 RICHTER, NANCY 1,523.09 1004776 03/07/08 ROGNESS, TRYGGVE 105.45 1004777 03/07/08 ROSTRON, ROBERT 333.13 1004778 03/07/08 SAUCERMAN, MICHAEL 175.99 1004779 03/07/08 SCHAEFER, JAMES 119.63 1004780 03/07/08 SCHAEFER, NATALIE 75.38 1004781 03/07/08 SCHMIDT, JOHN 88.13 1004782 03/07/08 SCHUNEMAN, GREGORY 27.40 1004783 03/07/08 SHIKENJANSKI, REBECCA 90.00 1004784 03/07/08 SKUNES, KELLY 81.00 1004785 03/07/08 SMITLEY, SHARON 503.00 1004786 03/07/08 STAHNKE, AMY 14.70 1004787 03/07/08 WARNER, CAROLYN 125.75 1004788 03/07/08 WEDES, CARYL 98.00 1004789 03/07/08 WERNER, REBECCA 95.63 1004790 03/07/08 WHITE, NICOLE 38.20 1004791 03/07/08 WICKNER, KRISTY 64.63 1004792 03/07/08 WINEGAR, JILL 74.60 1004793 03/07/08 WOODMAN, ALICE 207.00 1004794 03/07/08 ZALK, 1DA 60.10 1004795 03/07/08 ARKSEY, EMILY 65.00 1004796 03/07/08 BOSLEY, CAROL 345.15 1004797 03/07/08 DANIEL, BREANNA 192.38 1004798 03/07/08 OlE, REBECCA 64.00 1004799 03/07/08 BATTLER, CASSANDRA 203.00 1004800 03/07/08 ZAGER, LINNEA 258.41 1004801 03/07/08 BIRKHOLZ, TYLER 174.00 1004802 03/07/08 BOWMAN, MATTHEW 207.00 1004803 03/07/08 SCHULZE, KEVIN 233.38 1004804 03/07/08 PRECHTEL, ROBERT 630.00 476,266.62 Check Register City of Maplewood 03/14/2008 Check Date Vendor Description Amount 75041 03/10/2008 01284 POSTMASTER MAILING PARK BROCHURE/CITYNEWS 4,000.00 75042 03/13/2008 01418 SAM'S CLUB DIRECT CASTLE II 13" JUMPER 1,469.70 75043 03/13/2008 04054 STEVEN REED FEES FOR DJ SERVICE 175.00 75044 03/18/2008 00131 ASPEN EQUIPMENT CO RENTAL OF BUCKET TRUCK 3,834.00 75045 03/18/2008 01973 ERICKSON OIL PRODUCTS INC CAR WASHES 153.36 75046 03/18/2008 00585 GOPHER STATE ONE-CALL NET BILLABLE TICKETS -FEB 185.75 75047 03/18/2008 00687 HUGO'S TREE CARE INC DUTCH ELM COMPLIANCE REMOVAL 372.75 03/18/2008 00687 HUGO'S TREE CARE INC DUTCH ELM COMPLIANCE REMOVAL 319.50 03/18/2008 00687 HUGO'S TREE CARE INC DUTCH ELM COMPLIANCE REMOVAL 319.50 03/18/2008 00687 HUGO'S TREE CARE INC DUTCH ELM COMPLIANCE REMOVAL 159.75 75048 03/18/2008 01360 REINHART FOODSERVICE MDSE FOR RESALE 205.59 75049 03/18/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 15,350.60 03/18/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 15,075.02 03/18/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 4,428.86 03/18/2008 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 615.32 03/18/2008 01190 XCEL ENERGY EQUIP LOAN 494.06 03/18/2008 01190 XCEL ENERGY FIRE SIRENS 46.22 75050 03/18/2008 01798 YOCUM OIL CO. UNLEADED MID-GRADE 89 OCTANE 19,039.22 75051 03/18/2008 01047 3M ROLL GOODS FOR SIGN FABRICATION 677.34 03/18/2008 01047 3M ROLL GOODS FOR SIGN FABRICATION 444.74 03/18/2008 01047 3M ROLL GOODS FOR SIGN FABRICATION 396.18 75052 03/18/2008 02411 ALEX AIR APPARATUS INC REPAIR TO RESCUE TOOLS 915.88 03/18/2008 02411 ALEX AIR APPARATUS INC REPAIR TO RESCUE TOOLS 250.00 75053 03/18/2008 01811 BERNATELLO'S PIZZA INC MDSE FOR RESALE 138.00 75054 03/18/2008 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.00 75055 03/18/2008 02149 HEIDI CAREY DESIGN WORK 1,350.00 75056 03/18/2008 00384 DE LAGE LANDEN FINANCIAL SRVS LEASE ON RICOH MPC2500 265.19 75057 03/18/2008 00487 FRATTALONE COMPANIES INC. PROJ 06-17 CARMAX/MORGREN 18,774.40 75058 03/18/2008 00549 GALL'S INC MEDIC BAGS 431.28 75059 03/18/2008 00662 HERITAGE THEATER CO INC APPLICANT AWARD-CHARITABLE 3,670.00 75060 03/18/2008 00668 STEVEN HIEBERT REIMB FOR MEALS 3/10 6.48 75061 03/18/2008 00718 INDEPENDENT SCHOOL DIST #622 GYM USAGE FEES 325.75 75062 03/18/2008 00809 TOMMY KONG REIMB FOR MEAL 3/10 6.12 75063 03/18/2008 00827 L M C I T WORK COMP 4TH QTR PREMIUM APRIL- 70,900.25 75064 03/18/2008 00857 LEAGUE OF MINNESOTA CITIES REGISTRATION FEE 20.00 75065 03/18/2008 00869 LINCOLN MARKETING INC ADVERTISING ON AREA MAP 339.00 75066 03/18/2008 00986 METROPOLITAN COUNCIL MONTHLY SAC -FEB 1,806.75 75067 03/18/2008 03997 MFRA PROF SRVS THRU 12/31/07 11,446.50 03/18/2008 03997 MFRA PROF SRVS THRU 1/31/08 6,657.50 03/18/2008 03997 MFRA PROF SRVS THRU 12/31/07 4,892.50 03/18/2008 03997 MFRA PROF SRVS THRU 12/31/07 3,980.37 03/18/2008 03997 MFRA PROF SRVS THRU 1/31/08 2,631.49 03/18/2008 03997 MFRA PROF SRVS THRU 1/31/08 2,222.68 03/18/2008 03997 MFRA PROF SRVS THRU 1/31/08 1,496.87 75068 03/18/2008 03270 MICHAEL A. MILLER/ISN YOUTH BASKETBALL OFFICIALS 2/2 - 3/1 1,995.00 75069 03/18/2008 03622 MN OFFICE OF ENTERPRISE TECH WIDE AREA NETWORK -JAN 392.00 03/18/2008 03622 MN OFFICE OF ENTERPRISE TECH WIDE AREA NETWORK -FEB 392.00 75070 03/18/2008 01057 MN SAFETY COUNCIL MEMBERSHIP DUES 350.00 75071 03/18/2008 02696 MUSKA ELECTRIC CO LIGHTING RETROFIT OF PUBLIC WORKS 20,285.00 75072 03/18/2008 04052 NATIONAL REGISTRAY OF EMT'S RE-REGISTRATION FEE 180.00 75073 03/18/2008 01202 NYSTROM PUBLISHING CO INC SCHOOL BROCHURE 1,916.51 75074 03/18/2008 00001 ONE TIME VENDOR REFUND C WINTERS SOFTBALL 400.02 75075 03/18/2008 00001 ONE TIME VENDOR REFUND MEDICARE PART B AMB 0885 320.20 75076 03/18/2008 00001 ONE TIME VENDOR REFUND G ROD MN REV PMT 259.20 75077 03/18/2008 00001 ONE TIME VENDOR REFUND R MCSHANE AMB 073306 84.00 75078 03/18/2008 00001 ONE TIME VENDOR REFUND L BLAKE CLASS CANCELLED 20.00 75079 03/18/2008 00001 ONE TIME VENDOR REFUND P BILITZ FOR MISSED PROGRAM 20.00 75080 03/18/2008 01254 PEPSI-COLA COMPANY MDSE FOR RESALE 830.90 03/18/2008 01254 PEPSI-COLA COMPANY MDSE FOR RESALE 501.65 03/18/2008 01254 PEPSI-COLA COMPANY MDSE FOR RESALE 117.50 75081 03/18/2008 04053 PROFESSIONAL DRAIN SRVS, INC. SEWER INSPECTIONS 556.50 03/18/2008 04053 PROFESSIONAL DRAIN SRVS, INC. SEWER INSPECTIONS 296.50 03/18/2008 04053 PROFESSIONAL DRAIN SRVS, INC. SEWER INSPECTIONS 234.00 03/18/2008 04053 PROFESSIONAL DRAIN SRVS, INC. SEWER INSPECTIONS 234.00 03/18/2008 04053 PROFESSIONAL DRAIN SRVS, INC. SEWER INSPECTIONS 125.00 75082 03/18/2008 00396 DEPT OF PUBLIC SAFETY REGISTRATION FEE 120.00 75083 03/18/2008 01341 RAMSEY CTY FIRE CHIEFS ASSN MEMBERSHIP DUES 60.00 75084 03/18/2008 01359 REGAL AUTO WASH DETAIL XX CAR WASH FEE -FEB 96.81 75085 03/18/2008 01340 REGIONS HOSPITAL MEDICAL SUPPLIES 410.93 75086 03/18/2008 03879 SANSIO EMS RUNSHEETS/SUBSCRIPTION FEB 614.60 75087 03/18/2008 04043 SCHWAN FOOD CO MDSE FOR RESALE 86.55 03/18/2008 04043 SCHWAN FOOD CO MDSE FOR RESALE 52.42 03/18/2008 04043 SCHWAN FOOD CO MDSE FOR RESALE 51.70 03/18/2008 04043 SCHWAN FOOD CO MDSE FOR RESALE 35.52 03/18/2008 04043 SCHWAN FOOD CO MDSE FOR RESALE 26.36 75088 03/18/2008 03398 SHAMROCK GROUP MDSE FOR RESALE 127.00 75089 03/18/2008 01836 CITY OF ST PAUL STREET LIGHT REPAIR LEGACY PKWY 740.77 75090 03/18/2008 01506 CITY OF ST. PAUL SHOWMOBILE FOR TASTE OF 1,000.00 75091 03/18/2008 01538 STRETCHER'S TACTICAL LIGHT: A15/A16 FOREARM 9,968.40 03/18/2008 01538 STRETCHER'S DUTY AMMUNITION 1,080.87 75092 03/18/2008 02686 TASER INTL REPAIR/REPLACEMENT OF A TASER 550.00 75093 03/18/2008 04055 JAMES TAYLOR REIMB FOR MILEAGE 1/2 - 3/4 189.53 75094 03/18/2008 03088 JOSEPH TRAN SECURITY FOR EVENT 3/8 AT MCC 140.00 75095 03/18/2008 01646 TRANE PARTS CENTER REPAIR ON THE THERMO DYNE AT MCC 12,889.27 03/18/2008 01646 TRANE PARTS CENTER REPAIR ON THE THERMO-DYNE AT MCC 8,396.66 75096 03/18/2008 00449 TYLER TECHNOLOGIES INC EDEN SYS FINANCE TRAINING 5,696.41 75097 03/18/2008 01683 UNIFORMS UNLIMITED INC UNIFORMS 4,142.49 75098 03/18/2008 00529 UNION SECURITY INSURANCE CO LTD PLAN 4043120-2 MARCH 3,611.25 03/18/2008 00529 UNION SECURITY INSURANCE CO STD PALN 4043120-1 MARCH 1,777.65 75099 03/18/2008 02350 VASKO ROLL-OFF SERVICE CLEAN UP ILLEGAL DUMPING AREA 468.25 coc, ioc.oa 59 Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 3/6/2008 3/7/2008 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 21,941.56 3/6/2008 3/7/2008 ICMA (Vantagepointe) Deferred Compensation 6,793.23 3/6/2008 3/7/2008 DNR DNR 227.00 3/7/2008 3/10/2008 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 20,097.88 3/7/2008 3/10/2008 US Treasurer Federal Payroll Tax (FICA) 94,210.50 3/7/2008 3/10/2008 PERA PERA 72,254.48 3/7/2008 3/10/2008 Orchard TrusU Great West Deferred Compensation 27,978.31 3/10/2008 3/11/2008 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 22,644.67 3/10/2008 3/11/2008 ARC Administration HRA Flex plan 1,265.32 3/10/2008 3/11/2008 Labor Unions Union Dues 3,023.54 3/10/2008 3/11/2008 MN State Treasurer State Payroll Tax 17,818.59 3/10/2008 3/11/2008 WI Dept of Revenue State Payroll Tax 1,076.44 3/10/2008 3/11/2008 MN Dept of Revenue Fuel Tax 417.80 3/11/2008 3/12/2008 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 17,934.25 3/12/2008 3/13/2008 Thurs MN State Treasurer Drivers License/Deputy Registrar(city clrk) 14,083.67 3/12/2008 3/13/2008 ARC Administration DCRP & Flex plan payments 3,613.33 TOTAL 325,380.57 `Detailed listing of VISA purchases is attached. AGENDA REPORT To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: Purchase of Police Vehicles Date: March 10, 2008 Introduction Agenda #I-2 The Police Department is requesting authorization to order five 2008 Ford Crown Victoria Police Interceptor squad cars. Background Police departments are able to place orders for squad cars until May 2008, and we purchase them in conjunction with the State of Minnesota and many other municipal departments. The vehicles must be ordered soon for delivery later this year. The State contract price for the Crown Victoria squad cars is $21,105 each. Budget Impact Funding for the purchase of these vehicles, as part of the department's fleet rotation, is included in the 2008 Police Department Operating Budget. Recommendation It is recommended that authorization be given to purchase five 2008 Ford Crown Victoria Police Interceptor squad cars. Action Required Submit to the City Council for review and action. DJT:js Agenda #I-3 AGENDA REPORT To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: Donation to Landfall Cops `N Kids Fishing Clinic Date: March 10, 2008 Introduction The Police Department has received a $300 donation from Saturn of Saint Paul for the annual Landfall Cops `N Kids Fishing Clinic, and City Council approval is required to accept this donation. Background For the past several years, the Maplewood Police Department, which provides police services in the City of Landfall, has held ahalf-day Cops `N Kids Fishing Clinic for youth living in Landfall. This event provides an opportunity for the children to interact with police officers in a positive way while they spend the morning fishing and then having lunch. Saturn of Saint Paul has donated $300 to be used to purchase supplies for the Cops `N Kids Fishing Clinic, and City Council approval is required for us to accept this donation. Recommendation It is recommended that City Council approval be given to accept this donation and that the necessary budget adjustments be made so that the donation may be used for costs associated with the fishing clinic. Action Required Submit to the City Council for review and action. DJT:js Agenda #I-4 AGENDA REPORT To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: Memorandum of Agreement -Suburban Ramsey Safe Schools/Healthy Students Initiative Date: March 10, 2008 Introduction The Maplewood Police Department wishes to enter into a Memorandum of Agreement for a Suburban Ramsey Safe Schools/Healthy Students Initiative, and City Council approval is required for us to enter into this Agreement. Background Since 1999, the U.S. Departments of Education, Health and Human Services, and Justice (the federal partners) have collaborated on the Safe Schools/Healthy Students Initiative. This initiative is a discretionary program that provides communities with assistance in implementing a coordinated and comprehensive plan of activities, curricula, programs, and development to prevent youth violence and alcohol, tobacco, and other drug use. This plan addresses the following five elements: • Element 1 - Safe school environments and violence prevention activities. • Element 2 - Alcohol, tobacco, and other drug prevention activities. • Element 3 - Student behavioral, social, and emotional supports. • Element 4 - Mental health services. • Element 5 - Early childhood social and emotional learning programs. The Suburban Ramsey Family Collaborative Partners includes four local school districts (621, 622, 623, and 624), local and public mental health agencies, local law enforcement, and juvenile justice. It supports an integrated, comprehensive, community-wide, and community-specific plan to address the problems of school violence and alcohol and other drug abuse. It will provide students, schools, and families with a network of effective services, supports, and activities that help students develop the skills and emotional resilience necessary to promote positive mental health, engage in pro-social behavior, prevent violent behavior and drug use, and create schools and communities that are safe, disciplined, and drug-free. It also engages parents, community organizations, and social services agencies to help develop an infrastructure that will institutionalize and successfully sustain these components. Recommendation It is recommended that City Council approval be given to participate in this initiative and that the necessary budget adjustments be made to expend funds received, if any, as outlined in the Memorandum of Agreement. Action Required Submit to the City Council for review and action. DJT:js Attachment Agenda Item 14 Attachment 1 Frzz~111V,(eznornztdzzztt Of Agz'eezzzellt (M(IA) BRTC Safe SchoolslHealthy Students 1Cnitrativc (SS/HB) Connections Grnnt Paz-tners of Suburban Ramsey County Background: The Safe Schools I-Iealtlry Students Initiative (SS/HS) Connections grant is designed to support the irnplerrrentatian and er~l~ancernent of integrated, comprehensive cnmr~xttnity wide plans that create safe and drug-free schools and pr°on~ote healthy childhood development. The Suburban Ramsey Family Collaborative (BKPG): The Subur°ban Ramsey Family Collaborative has ten year°s experience in creating a comprehensive communitywide plan to sttppor°t the health, learning, safety and security of children, youth and their° families in Suburban Ramsey County. They have developed a very sttccessfitl Outcatne Team Model incittding the Language and Cultural Resource Team; Sclrool-Lit~lced Mental Health Tearn; The CD Ilse/Abuse Tean•t; Tlie Parenting Sttppart Team; The School-Linked Comrnttnity Social Worker Team ar~td the Child/Youth Development Team. These foams and partners have been successful in mobilizing the community to work together ire a genuinely collaborative rrraiu~er to address the probletrrs, needs and challenges of students, schools, families and the ron~mttnity. SRFC's zzrissiarz statezzzezzt i.s: "Cazrzzectizrg izzdivitlzrrzls, frrzzzilies arrrl cozzzzzzznzity z•esaurces to cz°eate relatloztslrips lvlziclz ezzlrarrce the well-being of ozzz• klrls." In 1998, Independent Schaal District 621 (Mounds View Area Schools); Independent School District 622, ~Nartl~ St. Paul, Maplewood, Oakdale Schools}; Independent School District 623, (Roseville Area 5cl~ools) and lndependent School District 62~, (White Bear• Area Schools) joined with tl~e Ramsey County Human Ser°vices Department, Public Health and Corrections Unit; Ramsey County Board of Commissioners representative, Head Start; local racial ser°vice and mental ltealtlt agencies, local law enfioreenlent, parents and youth, faith-based and cttltttr°al leaders and local business partner°s to create the Suburban Ramsey Fata~ily Collaborative (BKPG) and ,Toint Powers.. The main mntivatioa~ far forming a collabnr°ative governance structure through the SRFC .Joint Power°s Baar'd was to address the ever growing needs of children, yotttlz and fan`tilies experiencing at risk circumstances related to their health, learning, safety and security in the Suburban Ran`rsey communities and the lack of access to services ar~d sttppart systems in tl7e suburbs to meet those needs The .faint Powers Board created a unified voice and the collaborative mission statement above to support alocally-driven httrnan service delivery partnership designed to create a ramprehensive and integrated systen-r of care for families and their° children and youth, ages pre-birth _ 21. One of the first actions made by the SRI'C .Joint Powers Board was to lore a consultant to gain direction. and input from parents and youth (n=S9), practitioners and other carnnntnity n`rerrrbers (n=1 SO) in Sttbur°ba~3 Rarrtsey County to Find attt what tl~e str'er`rgths, needs ar~d priorities were for fazrailies and services providers These "Ear` to the Ground" T"acus Groups reports helped guide the community otttcan~res that SRFC still holds themselves accountable to today. ,Since I998, SRFC has continued to keep tlrerr errr• to Page 1 of 1 G Titeal Metrrat~attdrrrtr of Agt°eetarerzt (MOA) SRFC Safe SchoctlslHealthy Students Initiative (SSIHS} C©nnections Grant Partners of Suburban Ramsey County the graruzrC by engaging in ongoing focus groins, parent and youth surveys, parentlyouth advisory councils, cultural leader advisory councils, low income/sibsidizcd housing resident advisory boards {via Polynesian Village SLippartlve HOUSing Parttlel"slllp; Maple Pnnd Homes Supportive Housing Partnership, Montreal Courts Suppnl°tive Housing Partnership and Cedar View Towtl Hollles Supportive Hotlsitlg Partnership} and other dialogues to continue involving students, parents, families and community members in the design, implementation and continuous improvement of SRrC and the continuum of care and to learn of and address emergent needs in the Suburban Ramsey communities. SRh'C has changed cil"cumstances in our callllnrlnities finlll conditions of risk to conditions that rotect. Tlley have done this by diligently adhering to three lcey principals: Reality-Testing„ Reseal°cll and Resrllts Accnulltability, n tallcrng to clltldren, youth alld their parents to determine what's important to thetll, what their strengths and needs are anel how we can help (Reality-Testir7,~), o combining their input with what research says works {Re.serrr'c17), alld o allocating lllltnan, fitlancial atad in-lcilld rasa~irces toward strategies that have the best chance at lllalcing a positive, life-changing impact (Results ~ccoarntaliility). SRFC." ~i~sxort strrtertrettt: "Suhut~bcrrr Rctta7se~~ Corriaty is a comtrtzrt~ity l~~lrer'e oau' cl7rldr°e~~ and yotttll's srrfet}~, setru-ily, heciltlz atzd Iecrrrritzg ar-e cr priority for' crll atd jzo child 1"L'177C7if1S Clt 1'TSIC ~~ Community Engagement Tn L7ecember' of 20(~S, these partners enlbarlced on a social lnalketillg catllpaigll to engage a larger, Vlore diverse multi-sector alld inter-gelleratianal partnership to bring awareness to the ever growing needs of children, yautll and families, floe declining resources to meet these needs and the urgetlcy to make children and youth's health, learning, safety and security a public pt°iority ill our collltllunities, 130 children, youth, parents, policy makers, practitioners and eommuni#y members came to the event and 101 participants engaged in a discussion around haw we can all work together to sipport children, youth and families experiencing at-risk circumstances and conditions in our comrrrunities. Tllis initiative is called "1-low are the Children?" It is designed to engage, itlfnrnl alld mobilize multiple and diverse sectors of the collllllunity including minority alld nlajarity voices and perspectives to develop into strong cotllmullity leaders that influence the ptlblir, priorities in our conllnl,lllities. Tlley will fat°111 the Haw Are the Children Colllll-lunity Advisory Council (CAC). Members will be 1°espansible far colltinllillg to identify strengths, heeds, probletlls alld conceals and reconllnetld practical and calllprellellsive solutions that will aid in the itnprovetliellt of all children, youth alld families lives ill ~Llbtllbatl Ralllsey County sa as to ellsllre that tlo child at risk. Page ~ nf' 1 G Final Mc~mvrarrrlrrjtt of Ag~•c~enrent (MC)A) SRFC Safe SclEOalslHealtliy Students Initiative (SSIHS) Connections GE•ant PaE•tners of Subu:•ban Ramsey County CRF(~` ~S/HS Initiative PartneE•s: Tl~-ougl~ the support of the Safe Schools/Healthy Students (SSIHS) lnittative grant the following partners will irnplen~ent an integrated, comprehensive community-wide plan designed to create safe, respectfiil, and drug-free school envi~°anments, promote pra- social skills and healthy childhood development in all ehildr'en and youth, especially those experiencing at-risk circumstances and conditions, and build a strong sense of school and community connectedness throughout all of Suburban Ramsey County:. ~ The cansartiurn of Independent Sehaol Districts 621, G22, G2~, and 623 (SSIHS Applicant LEA) and their non-public school affilia#es, (.F-111 Elements) and ~= The Subu~°ban Ramsey Family Collaborative (SRFC) (All Elements), including, but not limited to the following partners: v Ramsey County Corrections, Juvenile Probation and Services Division ctrrr~ently providing student probationary services to students in our coEnmunities, teaming with the four scl~aal district consortium and local diversion programs in the Suburban Ramsey corrrmtrnities and bringing guidance and direction to the SRFC ,loint Powers Boai°d for aver three years (Elements 1, 3), Y Tlae Ramsey County Child Protection and Children's Mental Health Unit - currently providing coordinated case management services to children identified with Severe Ernotianal beltaviazal I)isarders (SED) (Project ENHANCE) ir-r otn• four district consar°titrm of scl~aols, and sawn to be alaening the "Non-Status ___ Offender Ur1it" which will provide social work case ~xranagen~ent services to the non-criminal offenders in ottr° carnmtrnities. Tire Ramsey County f-Itrrxran Services Director has been on tlae SRFC .faint Powers Board since 1998 (Element 4}; ~ Suburban Ramsey County Chief s of Police and R~imsey County Slie~'Ef# partnering with 1SD G21, G22, 623 and 624 and SRFC via Schaal liaison/Resource Offieors (SROs} (since 1995}, ATC)f? prevention and intervention services and supportive itatrsing set°vices its New I3rightan (Polynesian Village), Little Canada (Montreal Courts), Maplewood (Maple Pond Haines) and North St. Paul (Cedar~view Tawnhorxres}, and via the SRT"C .Taint Powers Board since 2004 (Elements 1 and 2}; y The local mental health partners including the White Sear Lalte Area CammunEty Counseling Center (WBLACCC); Northwest Youth and Family Services (NYFS) and Children's Home Society and Family Services (CHSFS) currently providing school-linked mental health services and local diversionary and AT()D related services in atrr consortium schools and camr~~runities via SRFC since 2001 (Elements 1, 2, 3 and 4); ~ The local and nationally recognized early childhood mental health collaborative community called Foundations far Success etrrrently co- collabarating with SRFC since 2004 and providing standardized ear-ly childhood screening across tl~e four district consartitrn~ to inrrease early detection and intervention far" families with young childre~l, 0 - 5 years old experiencing mental health related concerns (Element 5); Page 3 of 1 fi Final Mcrr~ro~•arrrlrsatx of'A~r•ee~rtcrrt (MDA) SRFC Safe Schools/Healthy Students Initiative (SSIHS) Connections Grant Partners o#' Suburban Ramsey County y The local social service partners including the Northwest Youth and Family Services (NYFS), Episcopal Carnmunity Services, and Keystone Community Services currently providing school-linked and Community-based Comtxrunity Saeial Worker (CSW) in our cansortit~m schools and ronamunit'res via SRFC since 20Q1 (Element .3); y The Family Project, a parent suppoE°t nehvarlt that promotes the health, safety and success of their children, has been teaming with SRFC' for over seven years, bring parents together at n~ontlily "family Gatherings" where they talk about issues that are important to them, Delp each other salve problems, and take action together on behalf of their children. (Elements 1 and 3}; All of these partner°s have been, and will continue #a be involved in the ongoing design, implementation, and continuous improvement of the comprehensive community wide plan to create safe and drug-fi°ee schools and promote healthy childhood development in Suburban Ramsay County. In addition, the following partners will ,joie our collaboration to help us carryout the goals ofthe SSIHS Initiatives/Projects: ~ Tire Ramsey County Attorney's Office, now in its 10`x' y ear, offering the Truancy Intervention Program (TIP), an early-intervention pragra~n designed to improve the attendance of students 6 to 17 years old in the four district consortium (Clement .3}; _-- 1= Ramsey County Juvenile Cour°t Judges involving persons under 19 years of age who have been charged with a delinquent act, status ar traffic violatiai~ (Eleil~er~tsWl; 2 and 3). 1` Local Higher Education institutions will partner with the Suburban Ramsey Safe Schools-Healthy Students Initiative to create a "Multi-cultural Internship Pragran~" where cur-rent bicultural UniversitylCollege students engage in hands-on learning with Suburban Ramsey Schaal-Linked services as a part of their senior level caursework. Mutual learning will take place between interns and practitioners who will develop, apply and integrate multicultural perspectives (vs• a prescriptive ethnic perspective) and research into school-linked service pr°avision. Together, these partners will ensure effective change and access to resources, policies, pzogr°ams, and services that advance the following five SSII-IS Elements: • Element One: Safe School Environments and Violence Prevention Activities • Element Two: Alcohol, Tabaceo and Other Drug Prevention Activities • Element Three: Student Behavioral, Social and Ema#inal Supports • Element Four: Mental Health • Element Five: Early Childhood Soria[ and Emotional Learning ProgE°ams All of these programs were selected because of our current relationships in providing functional school-linked pragran~n~ing and our need to strean~rline systems, cross train on research-based approaches relevant to each partner's field of service, expand services to meet increasing need and mare effectively serve an increasing rnrrnber• of students Page 4 of I6 Fi~ra! Mesttarnndrtnr of Ag~~c'e»ze~tt (1kI0A) SRFC Safe Sc1~oalslHealthy Students Initiative (SS/HS) Connections Grant Pay°tners of Suburban Ramsey County exper°ienaing high risk circumstances in the areas of school safety, ATC~D use, behavioral, social and emotional support, mental health needs and early childhood social and emotional learning. SS/HS Project Guiding Principals, Strategics and Goals: There are eight guiding principals and ten main strategies that the SS/HS Partners embrace and embed throughout our logic model. All pr°irtcipals Dave been gttided by the collaborative partnership who has worked together for ten years to create, develop and sustain n3eaningftrl and positive change for children, youth and families experiencing at-risk circurrrstanees in Suburban Ran--sey County. lnterventian targets at the individual, family, and carrrrizunity levels are identified and prioritized an the basis of local needs and i°esourcc assessment that bath takes into account the concerns and priorities of'all sectors of the community a~~d capitalizes on the r°esaurces and capabilities of all sectors of the comn~u~~ity. Tl~e 1aca1 intervention system targets risk and protective factors at the individual, fancily, and cor~rn-runity levels that have been Shawn to influence school safety, violence, healthy child/youth development and social, emotional, behavioral and ~~-rental health. The most recent local needs, resources and community assessment consist of four main bodies of local research: _l) TheMN_S_tudent_Stl~ve_y (MSS}, condt-cted by the MN Department of Education and administer-ed every three years to 6tlt, 9th and 12th graders in Mir~r~esota. In `?Otl4; the MSS was administered to approximately 6,650 Subtu~ban Ramsey 6F~', 9`~' and 12u, graders. The survey was developed as a way to n~anitor pr°iority risk and protective behaviors among students. 2} The "1-law are tl~e Children?" coarrpr°ehensive community assessment completed in 2006; 3} The h'atrr 5chaol District Consortitrrti Community Mapping and Multi-Cultural Needs Assessments completed in 2006 and ~l) The How Are the Cl-rildren? Coalition (HACC) strategic planning event occurred in 2006 with a broad base afmuhi-sector, multi-generatiarral cornmtrnity members. lrr addition to this most current research, our partners have worked with Dr.1Vlichael Resnick and Dr. Pat Harrison since 2000, utilizing the findings of the National Longitudinal Study on Adolescent Health via the National Teen Pregnancy Prevention Research Center at the Unive~'sity of Minnesota, to bring best practices and current scientific evidence to the forefront of pragrarrrs and policies in Suburban Ramsey County so as to promote the healthy development of young people. This theoretical framewor~lc called "Investing In Youth" Research-Based Recommendations far Parents, Schools and Communities" was based an youth developr~-rent theory. A companion piece to the "investing in Youth" document for early childhood development was created in 2002 with the University af' Mirulesata's Children, Youth and Far~~ily ConsprtitlEll, under Dr..Toan Sykarra's tutelage and authored Page 5 of l6 Fiizrrl Me-nar°a~rdrrm of Ag1•eerTiertt (MOAj SRFC Safe ScliaolslHealtlry Students Initiative (SSIHS) Connections Grant Partners of Suburban Ramsey County lay .Tessica Sielaenbrtuler-, M.A., called, "Early Cliildhoad -- A Goad Beginning for a Better Tamorro~-v". Lastly, otrr part~ters have worked with the University of Minnesota (U of M),1=.xtensian Services to develop Thriving with your Teen: Recommendations made from the latest research on haw parents and youth can thrive tliraughout the teen years. All three of these documents Dave guided our collaborative partners in developing initiatives that a~"e evidence based and theoretically and scientifically sound. The fallowing strategies arad values are integrated within. the existing service system and embedded throughout the SSIHS logic model. In this phase of partnership acrd collaboration, service priorities are central to all partner agencylor-ganization activities and together the collective effnr-t is focused on addressir3g cornn3unity wide gaps. Guiding Principals: 1 }Use strength based and family driven approaches focusing on the assets, carnlaetencies and overall developn-rent of children arzd youth as par°t of their fanxily system and understood holistically. 2} Increase access to services and formal and informal supports where kids and far~rilies live arzd congregate in Suburban Ramsey county. ~) Use capacity building models to sustain each activity after the grant (e,g. build in positive parent-ta-parent; peer'-ta-peer; cross-age ntentoring; multi-generational arzd multi-sector supported services wherever passible) __ 4} Enhance meaningful and authentic youth, parent an community engagement, involvement and leadership in both school and community. 5} Grow, diversify and enhance collaborative and multi-sector partnerships via interdisciplinary teaming and learning, comprehensive service coordination, and community organizing. These set of intertier~tions will be implemented in a given geographic area (neighborhood, precinct, municipality, school) and will work together as a seamless systerrr of muttrall,y compatible, mutually reinforcing interventions. G) Integrate full family inclusion in planning, implementing and evaluating the outcomes of coordinated services. 7) Utilize culturally and linguistically competent/relevant and respectful approaches at all levels of service and in all interventions" $) Maintain focus on outcomes and quality; research and evidence-based approaches, ongoing reality-testing with children, youth and families and continuous improvement in all facets of the partnership. The local intervention system applies evidence-based interventions to targeted factors, Where evidence- based interventions car~rrot be identified {or car~rlat be implemented given local circtrralstanccs), special attention is given to evaluation the effectiveness of any innovations that are introduced.. Quality control pr°ocedures ensure fidelity of irnpiementation. Page6ofl6 Final Mernor•anrlrrnr of Agr°eerrrent (M4A) SRTC Safe SclaaolslHealthy Students Initiative {SSIHS} Connections Grant Partners of Suburban Ramsey County SS/l"IS Project Strategies: Urrl1~L'1 SCr~ Pl'G'l~L'lltlOlr 1. Improve School Climate via a fotu•-district consortium Positive Bel~avior~al Intervention System (PHIS) model and vigilance to Srhool Connectedness activities year rattnd~ 2. Increase education and skills of school staff; students, parents, and cammttnity via r-tewsletters, trainings, workshops, support gt°ottps and community events to increase protective factors and decrease risk factors of children and youth of all ages, and their fan-tilies via trainings, warlcsliops, support gtatrps and issue specific comrxtunity meetings. 3- Increase cross cultural education and social and cultural competence of school staff; students, parents, and cot~rttnunity via ongoing cross cttltural dialogues, events, groups, activities and artti~b'ras training. 4. Engage and involve youth and parents in guiding risk preventior~/reduction efforts in the school and cammttnity 5. Student overt and covet-t behavior risk and threat identificatio~l training for all District Interdisciplinary teams. 6. Engage parents and students in school and community fttnctians to build family et~gagement, parent involvement and schoollcomtnunity connectedness. ____ Early I~rter•verrtian 7, Target school supports for Rids entering 7`~' an -~`~, grades via Dag tOr~fSchool orientation and welcoming programs lead by their peers and supported by school staff, parents and other ron~munity met~ibers. 8. Hold monthly Interdisciplinary teaming, case study and rill{ assessment/table top threat assessment discussions between school and community student support staff with erxtphasis on risklthreat identification, assessment, manager~~zent; service coordinated platar~inglwrap around processes emphasizing fiill family inclusion, n~zttlti-cttltural needs assessment, and referral protocols fi-orz•t Student Assistance Teams {SAT's} to the Coordinated Service Teams {CST's). Tlie Interdisciplinary Teams (IdTeams} will learn mare about the goalslstrategies af'the Safe Schools/Healthy Students Initiative (SSII-IS) and to address how all disciplines can wade better together to serve children, youth and families more holistically in napes of preventing more deep-end issues. 9. Coordinate services with school-lir~lced programs and community partnerships for students ider~tifted as at-risk of engaging ita, or experiencing, negative or violet•tt behavior. IJrtG'rr.SlVe I11tC'r'IiL'rrtrDrr 1Q. Coordinate services with sehoal-linked programs, community partnerships and county partnerships for students identified as being at highest risk of, or already engaging in negative or violent behavior. Page 7 of 16 Final Metttoratnfrtttt of Agreettrc~itt (MOA) SRFC Safe SchoalslHealthy Students Initiative (SSIHS) Connections Grant Partne~•s of Suburban Ramsey Cnunty SSIHS Pt•aject Management Structure: D The Suburban Ramsey Family Collaborative {SRFC} Joint Pavers Saard is the governing board for Suburban Ramsey system of care. The SRFC: Joint Powers Board is responsible for the goverr7ance of tl~e overall system of care and the integrated, carnprehensive commruzity-wide plan as outlined in the grant narrative, The members of the SRFC Joint Powers I3aard will support tl~e ongoing design, implementation, and continuous impravernent of the SSIHS initiative/project goals. This Partnership commits to growing the human, in-kind, financial and social capital necessary to sustain the efforts of the SSIHS Project services and other collabarativc services. ~ The SRFC Director will devote 1~0% of her time as the SSIHS Project Director and will be a ltey conzmr.rnicator° and coordinator far the day-to-day gt'aitt specific cottsat•trttttt, cotttttuutity attd collaborative-ivirle SSIlls project and partnership involvement. In order to ensure success in achieving the goals and ot~jectives of the Suburban Ramsey Safe Schools Health Students Initiative Canrprehensive, Integrated Cor~1r•nunity-wide Plan_The SS/I-IS Project Director is responsible for providing leadership and rnanagenrent to the SSIHS initiative) project and will insure that the SSIHS grant exportations are fulfrlled„ Tlae SS/HS Pr°oject Director ra1ill facilitcr~e floe SS/HS Core ~~Ia~~cr~errrei7t Team irieetrr7gs and the SS/HS De-sign Team rfreetings. y 'The Suburban Ramsey Family Collaborative {SRFC) Assistant Director and Staff will be ltey corrrnatulicators and coordinators for the day-to-day callabot'ative-ivrrle SSIHS project and par•tnersliip involvement: The SRFC Assistant Director will provide daily guidance, support ar~d supervision to the SSIHS Project Director° and guide collaborative partners in the improven•rent and capacity building of tl~e overall implementation of the integrated and carnprehensive systerrr of care and community wide supports in SLrbtrrl7an Ramsey County. Y The Haw are the Children Community Involvement Coordinator will be a serve as a corxrr~rLr~lity organizer and ltey con~rmunicator for the day-tnwday contttttrttit~1-rvirle SSIHS project and multi-sector, inter-generational partnership involvement. The SRFC Director will provide daily guidance, strppart and supervision to tyre How are the Children Con~mtrnity Involver-rlent Coordinator. Y The ISD b23 is the Applicant Agency and Fiscal Agent of the SSIHS Connections Grant. The Superintendent of ISD 6.23 is SRFC's Joirat Powers Board Executive Committee Member (Board Chair) and will represent ISD 623 as the SSIHS Applicant Agency/Fiscal Agent on the SSIlls Core Management Team. The Safe Schnals-Healthy Students Initiative (SSIHS) Core Management Team: The SSIHS Core Management Team will assist the partnership in malting decisior7s, operating, communicating, sharing information anti resources, identifying and overcarrring barriers, increasing levels and intensity of collaboration, and planning for.. mutual sustainability of'the SSIHS corner°ehensive plan The r-ale of the Project Director Page 8 of 16 Fijia! Mernora~rdurrz of Agreement (MDA) SRFC Safe SchoolslHealthy Students Initiative (SSIHS) Connections Grant Partners of Suburban Rarrtsey County is to help SSII-IS praject paz°tners achieve floe objectives of tlae proposed pzograzxa an tune and within budget, izlcluding n-zeeting their partnership responsibilities, pz°aviding staff, and contracted services, and setting milestones far accamplislaing project tasks.. Y The SSIHS Core Managernent Team. is responsible far pz•aviciing direct'ran to floe SSIHS Project Diz°ector and far leacli~ag and managing SSII~IS praject goals and collaborative processes. I~ administrators franc each school district, a local law enforcement r_eryresezatative, juvenile 'ui stice az~d a count naezatal health services representative will meet quarterly with the SSIHS I?z~o'e,~ ct Diroctar to guide, facilitate and promote floe goals af'tlae SSIHS grant. (See attached raster of the Care Maraagemerat Teana) - The SSIHS Design Team is responsible faz° designing-ira angairag~aro~ect plararaing activities, traizaing sessions, and providing evaluat'raza inaplenaentatiara sizppart using the Casey P.D.S~A. Claarage Model of (Plan, Do, Study, Act). ICey district managers will raaeet with floe SSIHS Project Manager and the SRFC Assistant Director before each SSIHS Core Management Team Meeting to give progress reports and address eoracerns, problcrrrs or barriers affecting the implenaezatatian of the canaprehensive community wide plan and SSII-IS prolert goals. Tlais team's questions, updates, concertos ar eraaergent needs will be a standard item arc the SSIHS Care Management Team's agenda. (See attached z°oster of the Design Team) At the Schaal Level: __ ___ n The Supeyintenclents of floe four district cazisortiltm~-cviilube~l:ey camranitaicator°s and coordinators For floe day-ta-day rlistrict~twirle SSII~IS project and partner°slaip itavolvenaeEat. o The School Building Principals will be lcey cornraacznicatars and coordinators far the day-to-day school-tivrrle SSIHS project and partnership invalvenaetat. o Each school district will hold regular SSIHS Interdisciplinary Tcarn meetings. SSIHS Design Tearao members will facilitate these meetings grad, with floe team's assistance, insure steady progress ozo the ~rogrn-~r/p1•oj~ct/cu~•ricrrlurrr arrrl services of floe SSIHS pz°aject and caarditoated services The attached SSIHS Logic Model, The Gaveroaarace Flaw Chart, floe SAT and SS/I-IS Flow Chat-i and "Partzaership Process of C`ontinuoz.~s Italprovenaetat" are attached to this MOA for further clarificatiara afthe tales, responsibilities and pragraraas of the SSIHS grant. SSIHS Initiative Partners' Roles and Responsibilities: All partnezs are committed to pr°ovidirag appropriate pragranas and sez°vicos to prevent children franc becoming at risk arad to intervezae with children already involved in the juvenile justice system; and Page 9 of 1 G ~' lilQl MG'11101'fllif~lll7i Uf AgPeelaaeill (MOA) SRFC Safe SchoolslHealtlzy Strxcients Initiative (SS/HS) Connections Ge•ant Partners of Suburban Ramsey County All partners to this agreenzerzt desire a nzaxinzurzz degree of long range cooperation and administrative plamzing in order to provide for° the safety and security of the corzzrrrurzity and its children; and All partners are committed to improving services to children in the scizaals, cornnztrnity, county and eotrrts throtrglz sharing uzfar°izzation, elinzinatirzg duplication of services and coar-dinatirzg efforts; and All partners rntrtually agree that sharing resour°ces, wl-rere feasible, and in particular, training efforts, rzzay result in unproved coordination; arzd All partners have cer°tairz roles in serving children and youth wlzielz are required by law, arzei that these laws serve as the fot~rzdatiorz for defining the role and responsibility of each participating agency; and All partners rzzuttrally agree that all obligations stated ar° implied in this agreement shall be uzterpreted irz light of, and consistent with governing State and Federal laws; In consideration of the Iollawing agrceanents, the tae°ties cio hereby agree to do the folio~ving: a r_,L PARTN_E_RS A GREE TO: l . Promote a coordinated effort arzzong agencies and staff to achieve maxirntrrn school safety with the goal of creating safe and drug-free schools arzd prorzzate lzealtlzy clzildlzond developn-rent.. 7, Par°ticipate irz interagency plaruzing nzeetirzgs, as appropriate. 3. Provide data requested by the Project Director to complete a thorough evaluatiarz of the SS/HS Initiative for the purpose of evaluating progress of SS/HS grants goals arzd objectives and cornpletirzg performance reporting regtrirenzents. ~. Assign staff; as appropriate, to participate irz a corzsalidated/coordinated rase rzzarzagernerzt system, reentry into school of children rettrrrzing from suspension or treatment, and other information-slzar°irzg activities to assess and develop plans for at- risk youth and those involved irz tlze,juvenile justice systerzz~ S. When applicable, participate in truancy interverztiorz planning designed to irzzprove a student's atterzdarzce, 6. Jointly plan, and/or provide infar°rzzatiorz arzd access ta, tr°airzing opportunities. 7. Develop internal policies arzd cooperative procedures, as needed, to irzzplernerzt this agreenzerzt to the nzaxirzzunz extent possible. 8, Corzzply with relevant State and Federal law and other applicable local rules which relate to records use, serurrty, dissemination, and r°etentiorzldestrtrctiorz. ~. Support the strstairzability of services arzd activities beyond the life of the Safe Schools/I-Iealtlzy Students Initiative grant. Partners agree to: share and participate irz. relevant tr°airzirzgs arzd workshops related to tine SSIHS grant arzd activities/strategies, coordinate services and activities with relevant partners orz behalf of children, youth Page 10 of 1 ~ Fi1rRl Mernoa•arrdrrf~r of Ag1•ee~azerat (MOA) SRrC Safe SchaolslHealtliy Students llnitiative (SSIHS) Connections G~°nnt Pnt•tne!°s of Suburban Rao»scy County and families; remain involved i!1 district-wide iTlterdiscipliTlary team Tlleetings regarding school safety and service cnordiTaation, co-locate services, where passible; provide shared meeting space far' partners; participate in collective and collaborative fund raising effor°ts to maintain., sttstaill and expand curr~ellt prngraTns al~id ser~viees of tlae SS/HS grant and to relllain in close canlrntlnieatioll with collaborative partners to improve tlae system of cane and address eme!°ging issues affecting all children, yatrtla and families i!1 Subtn•ban Ramsey County, THE JUVENILE COURT AGREES TO: l . Provide expertise and plalllaing guidance to school staff, practitioners and colrlTnullity rrleTlabers on the cnTllplexity of individual alld f'alnily situations and ways to address the conditioTls and circtlnlstances affecting the student's delillclueTat ar crilalillal belaavinr, 2. Develap, i!1 eooperatiola with Sellool and law eTlfarcelnent, and local service providers, recolnlllellcled strategies for flow the schonl, SS/HS partnership and conlmt!llity call better prevent juvelailes from entering the court system i!1 Suburban Ramsey C'otuaty. Use case studies to aid practitioners in applying practical and timely strategies for early detection alad iTaterventiala. THE DEPARTMENT OF CORRECTIONS/PROBATIONAGREES TO: 1 ~ Designate staff at all levels to implement initiatives of the SSIHS comrnunitywide __ plan. 2. Utilize appropriate release of infaullation farTlls to sl~a- ri-dispos~tioi~al, placelerl~t; gild ease raaallagelaaellt infarnlatiorl with other agendas as appropriate for purposes of assessment, placement, aTad enhanced supervision of,jtlveniles~ 3. Develap, !rl Gaoperatrnla With SCllaol aTld laW ellfarCe1118l1t, and local service providers recnlallnended strategies 'for how the selaoal, SSIHS pal°trlersllip and carnlntrTlity can better prevent,jtlvelliles from conlmittillg crimes. Use case studies to aid pr°actitiorlers in applying practical and timely strategies far early detection clad T11teT'Verltinll. ~l, P!°ovide expertise and planrairlg guidance to school-linked pre-diversiola and alternative to stispensiarl services in each district. S. Provide plaralling and stlppo!-tive resntrrces to schools for chronically truant students. b, Develap strategies far providing support anti services to youth returning to school from out of home placenleTlt THE DEPARTMENT OF CHILD PROTECTION/CHILDREN'S MENTA.if.. HEALTH, STATUS OFFENDER UNIT AGREES TO: l . Designate staff at all levels to implement initiatives of the SSII-IS ranaTntinitywide plan. 2. Utilizing appr~ap!°iate release of illfarrllatiorl forms to share dispnsitiollal, placement, aTld case lnanageTnent information with other agencies as appr°apriate fnr purposes of assesslnelat, placement, and enhanced supervision ofllorl-status affending.juveniles~ Page 11 of 16 Firr~rl Mc'rrrorrrlrrlui~i of Agrc'elrrelat (MOA) SRFC Safe SchoolslHenithy S#ndents Initiative (SSIHS) Cot~nectians Gy°ant Partne~•s of Subnrban Ramsey County 3• Develop, in cooperation with Sclraol and law enforcement, and local service providers recommended strategies for haw the school, SSIHS partnership and commLU~tity can better prevent.}t-tveniies Erato cnr~tmitting status offenses. Use case studies to aid practitioners in applying practical and tin-tely strategies for early detection and intervention. 4.. Provide expertise and lalanning guidance regarding access to child protective seevice process, school-ta-county linked services anti available carroty services in each district. 5. Collaborate with scl~taal and cornm€tnity partners to develop strategies for providing support and services to youth returnira.g to sclaaol fi•arrr out of han~te placement„ THE CONSORTIUM OF PUBLIC SCHDOLS IN SUBURBAN RAMSEY COUNTY SCHOOL, SUPERINTENDENTSRGREES TO: 1. Designate school staff at all levels to implen-tent ir~ritiatives of the SSIHS conamunitywide plan 2. Designate the contact laerson to be responsible far receiving information and iraforrrting ail parties as the Superintendent's designee. 3. Provide space for- school/county-linked integrated mental health and cnnamunity social wnr°lcer services nn-site and r-neeting spaces for school-lit~kced personnel, when needed. d. Provide access far Resource Officers and work with SR.PC-SSli-1S Initiative partners iratle delivery of law enfor°cetnent-and corrections/probation related prevention activities. S. Collaborate with SRFC-SSII-iS Initiative partners ita policy study and school assessment as outlined in this proposal. 6 Collaborate with school and rnnarnruiity partners to develop strategies for providing support and services to youth returning to school franl ortt of home placement. EACH LA W ENFORCEMENT CHIEF COR SHERIFF] A GREES TO: 1. Notify the Superintendent, or designee, as the law itrdicates, of'the raatne and address of any student or employee of the school district who is charged with a felony ar misden~eanar. Z.. Work with SRFC-SS/HS partners in the delivery of law enforcement-related prever~rtion and early itlterventinn activities. .3. Participate in safe school initiatives to include safety assessments, crisis response efforts and technical assistance to irnplenlent school safety inxprovements. THE CDUNTYATTORNEYAGREES TO: l . F~ngage in Truancy Interventinrz Program (TIP) training across the four district consor°tiuni to insure appropriate and consistent use of the T1P iarogram, policies and procedures. THE LOCAL MENTAL HEAI.THAGENCIESAGREE TD: 1. Support sclaoal-linlced comprehensive mental health services. Page 12 of l b Filrrrl Merarol•rr~rrlrrrar of Alt!°eertrc~jit (MDA} SRTC Safe SchoolslI-Icaltley Students Initiative (SS/HS) Connections Grant Partners of Suburban Ramsey County ?. Provide guidance and crass training, via the Schnol~Linked Intensive Mental Health Teat~z-z, For the school-linked Intensive Mental I-Iealtla services and engage in trtutual learning with culturally specific services/partners to build tyre capacity of all agencies to better serve the families of Suburban Ramsey County. 2. When possible, offer space for culturally specific therapeutic services. 3. Cross train school personnel, via the district wide interdisciplinary team, on ways ite wleich all partners, including law enforcement, corrections, and school staff, can better understated all SS/HS elements front a mental. health perspective, THE LOCAL EARLY CHILDHOOD MENTAI, HEALTH COLLABORATIVE (FOUNDATIONS FOR SUCCESS) AGREES TO: 1. Sulaport tlee corteprehensive early childhood neental 1-tealth continutnaz of services at scleool sites and within the canemunity including coordinated standardized screening effects with desigteated early childhood prngranes. ?, Support the Foundations for Success otegoing partnership, resource and early childhood mental health staff development in Suburban Ramsey schools and comneunity agenrtes. THE EARLY CHILDHOOD INFORMATIONAND REFERRAL, OF RAMSEY COUNTYAGREES TO: _____ ___ 1_._Support_tlae co~eelarehensive early childleoncl mental health triage and fallow rtla services fot- parents whose cleildren, altos 0-5 lead a clinically sigietfcatet score ate the ASQ-SE. TERMS CIFAGREEMENT: This final Mernot•andttte-t of Agreetetent shall be in effect as of the date on this agreenent and valid until September, 2011, unless otherwise modified. All parties are signatory to this agreetnetet when signiteg. Any party signatory to this agreetne~et may terminate participation upon thirty days notice to all other signed parties to tlee agreeterent. A GENCY REPRESENTA TI VES: The parties will develop procedures for ongoing tneetitegs with the SSIHS Project Director. MODIFICATION OFAGREEMENT: Modification of tl-tis agreement shall be made only by consent of the majority of the initiating parties. Sitcle shall be made with the same formalities as were followed in this agreeteeent and shall include a written. doruneent setting forth the modifications, signed by all the consenting parties.. OTHER INTERAGENCYAGREEMENTS: All parties to this agreenent aclueowledge that dais agreement does not preclude or preempt each of the agencies individually entering into an agreement with one or teeare Pagel 3 of l 6 Fitral Metttaratrdrttat vf.Agt•eetaettt (MOA) SI7FC Safe Sclioo[slHealtt~y Students Initiative (SSIHS) Connections Grant Partners of Suburban Ramsey County parties to this agreement. Such agreerzzents shall rzat nullify the force and effect of this agreement. Tlzis agreement does not remove any other obligations imposed by law to share infor°matiorz with other agencies. SIGNATURES OF PARTIES TO THIS AGREEMENT: Upon signing this agreement, the original agreement and signature shall be held at the Sulzurbarz Rarzzsey Iw arzzily Collaborative office, Information Searing: The SRFC Director will be responsible for coordinating the cnrzzmr.rnicatiorz and irzfornzatiorz sharing arz~ang the participating partners. Methods for sharing infornzatiorz will include the SRFC List Serv, The How Are the Children? Updates; individual email, written conzrzzurzication such as meeting minutes, quarterly progress reports, arzrzual reports, semi-annual SRFC-SSIHS Initiative-Canznzunity 1?arurzzs, SRP'C ,lnirzt Powers Board and 4utcorne Tearzz meetings, and any other pertinent correspondence.. All correspondence will involve designated agency/organization representatives arzd authorized representatives for each SRI~C-SSII-IS lrzitiative partner. Data privacy af~ all clients will be reslaeeted as per state and federal law and agency policies.. Local Pisb,fr'c ~ ett~al HealClr A"tttlrat•tt~~: • Irz partnership with the Ramsey County Interagency Initiative (RCII) including the St. Paul_Ramsay County Public Healtlz/Healtlz and Human Services and Corrections, public arzd private schools and Head Start systerzzs, and the MN Depar°trzzerzt of Health, partners will continue to develop a more colzesivel caordirzated system of care far identifyitzg and inter°verzirzg an behalf of clzildre~alyouth demonstrating mental health concerns. This plan will include irzzproving the coordination and integration of the school, county and carzzrzzurzity based mental health services countywide, • Provide oversight of all Ramsey County contracted mental health services (on-site and off=site), supervision and monitoring of'corztractrral personnel • Suppar~t school-linked cornprelzensive mental health services • Support the corzzprel~ensive early childhood mental health services at school sites and within the cotzznzurzity irzcludirzg coordinated screening efforts with designated early childhood prograazzs • Support school-based screening programs to detect depression and other rxrental health disorders Refet•t•al Pt•ace.sses fot• Schaal-Linked Irtteitsr-~e Mental Health (IMH) Services: Wlzen a student is involved in the School-Linked Intensive Menial Health Program, the IMH therapists work closely with school persarznel, such as social workers, nurses, psychologists, courzselars, chemical health eanrdinators, and sometimes classroom teachers and principals. This involverzzent begins with a referral from school personnel to Page 14 of l ~ Final Menrorcrirrlurn of Agreement (MDA) SRFC Safe Schools/Healthy Students Initiative (SSIHS) Connections Grant Partners of Suburban Ramsey Cnunt the IMH program. At this;zoint, IMH and sclzaol personnel war°lc tagetlzer to assuro that tyre sttrderzt's parent/guardian lzas been asked to sign a release between tine two parties, arzd that a diagnostic assessment is sclzeduleci in a timely nzarzner. If the child's erzzotional disturbance affects lzisllzer scllaal functioning, the mental health therapist will actively collaborate with schnol professionals in identifying a student's needs and developing the child's treatrzzent plan,. Treahnerzt plans, wlzerz appropriate, nzay include active involvement of sclzoal staff, For example, a child struggling with. depression may benefit fr~am additional academic help. IMH therapists rely an school prafessinrzals to provide collateral irzfarrzratiarz about the student. Srhoal persanrzel and IMFI providers often exchange clinical materials such as Individualized Education Prograrzzs, sclzaol assessment sunuzzaries, arzd diagrzostir, assessments to aid the child in receiving appropriate services arzd prevent duplication of service.. IMI-3 therapists regularly consult with sclzaol prafessintzals via teleplza~ze or face-to-fare meetings to keep each other informed of develaprzzetzts arzd intervening factors irz the child's pr°agr-ess, and to establish reasonable expectatiarzs for children who have specifrc errrntianal disturbances, Tlzey regularly attend IEP rzzeetirzgs and otlzer,laint planning meetings, arrange further assessments of children, nr educate tearizers orz lzaw rzze~ztal health can impact sclzoalwork in the school setting. Wherz a child is irz crisis in the school setting, therapists often are asked to provide consultation and gtridarzre related to the crisis. - .-Sclzaols v,~alLuse_sclzool social wnrlcers, rrur°ses, psyclzoingists, counselors, arzd their student assistance teams to identify the students in need of rzrerz as 7zealtlz services. Mental Health professionals and sclzaol personnel will continue learning about nee arzotlzer's organizational cultures, professional language, roles and responsibilities, mandates and linzitatiorzs, as well as batrrzdaries and expectations. Referrals, fellow-trp protocol arzd orierztatian of new sclzaol staff- will be reviewed and improved upon tlzrouglz semi-annual school-based meetings arzd cltrarterly SRFC' IMH Outcome Team meetings. At the same tirzze, schools 1Grzow the person from the mental health agency wlzn will provide the service, Sclzaals will cnrztirztre to sectrr°e an-site, confidential space for rzzeetirzg with clients. Schools will also corztirzue to collaborate on pravidirzg ti-zze for trairzirzg of~ schnol staff itz mental lzealtlz iderztifrcatinn and other related issues. The Scltoal L,irtlcerl Melrtrtl Hecrltlr Agencies mill: - Tearzz and collaborate with additional staff and bicultural staff contracted through the SSIHS grant:. - Support the SS/IiS str°ategies in each schnol building Coordinate with the cantintrunz of rzzerztal health services outlined in the grant - Effectively canz~zzunicate with agency and sclzaol partners- - Appropriately share resource and referral irzfarrnation among practitioners in each district - At~terzd the interdiseilzlinary tearzzs irz each district to coordinate services and leartz and practice risk arzd threat assessnzerzts Page 1.5 of 1 b Fijerrl Metrtol°altdrtrrt of Agr•eerrteatt (MOA) SRFC Safe Schools/Iiealthy Students llnitiative (SS/HS) Connections G~•ant P:~i°tners of SubnE•ban Ramsey County - Support resource slaazing in each district - Identify barriers and en~ergitag issues and overcame these barriers in each district, when possible, - Use collaboration to build and intensify the work to achieve the SS/HS foals - Continually plan for mutual st~stainability of the SSIHS con~larehensive 131an Page 16 of 16 Fi)lal ~C11I01'nllfllllli ofAgl•eenrettt (MOA) Safe SchoolslHealthy Students lluitiative (SSIHS} Partners of SuUurban Ramsey County ~- SIGNATURE PAGE LOCAL LAW ENFORCEMENT PARTNER SIGNATURES; Maplewood Police Department ........... Mayot• Dia~1a Lo~~grie, City of Mal~lewoo Aetin~; City Manager Churls Ahl, City of Maplewood Date Date Chief Dave Tl7ot~~alla, Maplewood Police Department Date Haying Jurisdictional Authority oven ISD 622 Agenda Item 15 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: March 17, 2008 SUBJECT: Church of the Presentation of the Blessed Virgin Mary Gambling Permit Resolution Introduction An application has been submitted for temporary gambling on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. This is for their Spring Festival event. The event will be held on May 3, 2008 from 12:00 Noon to 11:00 p.m. and on May 4, 2008 from 11:00 a.m. to 6:00 p.m. Funds raised will be used to support general operations. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation Approve the above resolution or temporary gambling. Agenda Item 16 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: March 17, 2008 SUBJECT: Transfiguration Catholic Church Gambling Permit Resolution Introduction An application has been submitted for temporary gambling on behalf of Transfiguration Church, 6133 15th Street North, Oakdale, to be conducted at Hill Murray High School located at 2625 Larpenteur Avenue East, Maplewood. This event is called the Taste of Transfiguration at which there will be wine, beer and food tasting. The event will be held on April 11, 2008 from 7:00 p.m. to 12:00 Midnight. Funds raised will be used to support general operations. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Transfiguration Catholic Church, 6133 15th Street North, Oakdale, at Hill Murray High School, 2625 Larpenteur Avenue East, Maplewood. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation Approve the above resolution or temporary gambling. Agenda Item 17 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II SUBJECT: Kohlman Lane Area Street Improvements, Project 07-21 a. Resolution Approving Plans and Specifications and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll c. Resolution Accepting Assessment Roll and Ordering Assessment Hearing DATE: March 12, 2008 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, April 18t", 2008 in the council chambers. Awarding of the bid would be considered by the city council at the April 28, 2008 meeting. The next step after approving ad for bids is ordering the preparation of the assessment roll and then accepting the assessment roll. After the assessment roll is approved, an assessment hearing can be scheduled for April 28, 2008 at 7:00 p.m. The award of bid would be considered by the city council after the assessment hearing is conducted. Background The city council ordered the preparation of this feasibility study at the August 27, 2007, regular meeting. On January 28, 2008 the city council accepted the feasibility report and ordered the public hearing. The project was then ordered at the February 11, 2008 council meeting after the public hearing was conducted. This project accounts for reconstruction of approximately 0.86 miles of streets and extending water service throughout the neighborhood, except for Linden Lane. Storm water management improvements have been designed in coordination with Ramsey-Washington Metro Watershed District (RWMWD) which includes infiltration and filtration techniques in order to meet volume reductions and treatment requirements. Sanitary sewer extension along Keller Parkway between Arcade Street and Kohlman Lane has been designed along with a sanitary sewer stub into Little Canada just north of the Kohlman Lane and Beam Avenue intersection. The proposed project schedule anticipates construction beginning in early May and completion of the project in October 2008. A plan review open house is to take place at the Maplewood Community Center on March 20t" between 5:00 p.m. and 7:00 p.m. This is a chance for residents to comment on the design plans and make final suggestions for staff to use in final adjustments to the plans. There are 52 parcels within the project area with two properties meeting warrants for a lot split in the future, thus amounting to 54 total assessable units. A portion of project funding is through special assessments which are not dependent on the actual amount of the bid, rather on a predetermined assessment rate established by the city council. The method of assessment is the same as was outlined in the feasibility study. The proposed assessments will be for costs relating to the street, storm sewer, and utility improvements to the benefiting properties abutting the project streets. Agenda Item 17 The assessments are shown below: 2008 Residential Rates: • $4,510 per unit: Water Main Assessment (includes cash connection fee) • $4,510 per unit: Sanitary Sewer Assessment (includes cash connection fee) • $ 900 per unit: Storm Sewer Assessment (drainage improvements) • $5,460 per unit: Full Street Reconstruction (new concrete curb & gutter) • $4,070 per unit: Partial Street Reconstruction (existing concrete curb & gutter) The total amount to be assessed is $529,200, which is less than was proposed in feasibility study of $566,970. This is due to assessment adjustments understanding that properties on Kohlman Court have existing water infrastructure within the street. A credit was given to these properties and also those properties on Linden Lane that are already connected to the water system. Budget Impact The budget was set through council resolution as $2,314,350. The capital improvement plan for 2008-2012 estimated a total project cost of $2,494,900. Both financing plans are detailed below. Proposed Financing Sources General Tax Levy $ 285,000.00 Assessments $ 566,970.00 Sewer Fund $ 1,107,480.00 Little Canada $ 179,900.00 WAC $ 60,000.00 EUF $ 85,000.00 Driveway Program $ 30,000.00 TOTAL $ 2,314,350.00 CIP Financing Sources General Tax Levy Assessments Sewer Fund SPRWS WAC EUF Driveway Program TOTAL $ 285,000.00 $ 708,000.00 $ 1,199,400.00 $ 157,500.00 $ 60,000.00 $ 85,000.00 $ - $ 2,494,900.00 The reduction in revenue from assessments should not affect the overall budget. No changes to the budget are proposed at this time. RECOMMENDATION It is recommended that the city council approve the attached resolutions for the Kohlman Lane Area Street Improvements, City Project 07-21: Approving Plans and Advertisement for Bids, Ordering the Preparation of the Assessment Roll, and Accepting the Assessment Roll and Ordering Assessment Hearing. Attachments: 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 4. Location Map 5. Assessment Roll RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on February 11t", 2008, plans and specifications for Kohlman Lane Area Street Improvements, City Project 07-21, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 18th day of April, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 28t", 2008. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Kohlman Lane Area Street Improvements, City Project 07-21. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Kohlman Lane Area Street Improvements, City Project 07-21, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of April 2008, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. COUNTY ROAD D ~- L TTLE CANADA Q o w LYDIAI IAVE Gervais Lake P~ O~ ~~~j~ ~~ Sunset HIGHRIDGE CT. Ridge Park 0 ~ /i~ coup ~ w ~ ~ ~~l ~ G~ RD. _ 2 ~ ~~ P Z ~~ G~ o ~ 3 O OD ~O Qv ~~ 6~ / / ~ `~-~ ~;` ~`_ COUNTY ROAD C /~~~ ~ / ~ ~ Kohlman N/<< OO ~ Park ST . PALM ~ ~ ~ Manufactured ~ J~~ -I ~ ~ Housing ~ ~Q CT. P P~M p ~ W Estates 2 Q (; t ~ ~ 5 3 Q ~ CONNOR1R CONN~~. ~ 4 CCN NOR n ~~ « ~ P ~ /~\ir ~ PROPOSED 2008 STREET IMPROVEMENTS NO SCALE r N/ Cr KOHLMAN LANE AREA STREET IMPRO~/EMENTS MAPLEWOOD, MINNESOTA CITY PROJECT 07-21 ~~ ~~O ~~ ~ ~ c~n BEAM AVE. w ~ kCy~ J ~~ Q MAN C T I KOHLMAN LANE AREA STREET IMPROVEMENTS ASSESSMENT ROLL CITY PROJECT 07-21 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL ASSESSABLE UNITS WATER MAIN ASSESSMENT SANITARY ASSESSMENT STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 042922310001 CAROLL A ETTER 1050 BEAM AVE E 1 _ $4,510.00 _ _ , $900_00 $5,460.00 __. $10,870.00 042922330012 R DRGTT DAY 851 __ COUNTY ROAD C E _ ._ _ __.__ 1 _ _ ,_ $900.00 _,_ _ _ $5,460.00 _ $6,360.00 042922330025 KIMBERLY G SORENSEN 2660 KELLER PKY N 1 ______ _ _ _ __ $900.00 $5,460.00 $6,360.00 042922330009 BETSY A WALTON 2666 KELLER PKY N 1 __ ___._ _ __ _900.00 $5,460.00_ _ _ $6,360.00 042922330008 _ JOHN M CASKEY _ 2674 _ KELLER PKY N _. __ 1 __, _ _. _,___ $900_00 $5,460.00 $6,360.00 042922330007 MITCH F OSTERHOLT 2686 KELLER PKY N __ _ 1 $900 00 $5,460.00 $6,360 00 042922330001 JOHN P OLIN 2756 KELLER PKY N 1 $4,510.00 $900.00 $5,460.00 $10,870 00 042922320022 STEPHEN P LAUMER 2764 KELLER PKY N 1 _ _ _ $4,510.00_ $900.00 $5,410.00 042922320045 DAVID A TAKLO 2770 KELLER PKY N 1 $4,510.00.__, _ $4,510 00 ,$900.00 $9,920.00 042922320044 RONALD C BROWN TRUSTEE 2776 KELLER PKY N 1 $4,510.00_ _. $4,510 00 _ .$900.00 _ _ $9,920.00 042922320015 ROLAND I RENNER 2780 KELLER PKY N _ _ 1 _ _. $4,510.00 _ _ __$4,510.00 $900;00 $9,920.00 042922320014 KAREN E BENKER 2786 KELLER PKY N _ _ 2 _ _, $9,020.00 $9,020.00 $1,800,00 $19,840.00 042922320013 EDWARD D BERGLUND ETAL 2800 KELLER PKY N __ 1 $4,510.00 $4,510 00 $900.00 _ _., $9,920.00 042922320012 042922320011 ROBERT A STINE ALICIA L PECHMANN 2814 2828 KELLER PKY N KELLER PKY N __ _ 1 1„ __ _,$4,510.00 $4,510.00 $4,510 00 $4,510.00 _ $900:00 $900.00 $9,920.00 $9,920 00 042922310016 RONALD M MADER 970 KOHLMAN CT E i $3,270.00 _ _ _ _ $900.00 $4 070.00 $8,240 00 042922310012 _ GARY BLUHM 972 KOHLMAN CT E 1 $3,270.00 ___ $900.00__ _ $4,070.00 __ $8,240.00 042922310015 DANIEL M RYDEL 980 KOHLMAN CT E 1 $3,270.00 _ _ $900.00 $4,070.00 $8,240.00 042922310013 RAYMOND J ANDERSON 909 KOHLMAN CT E 1 $3,270.00 _ $900.00 $4,070.00 $8,240 00 042922310014 EUGENE W MARKOWSKI 998 KOHLMAN CT E 1 _ _ $3,270.00 _ __ $900.00. _$4,070.00 _ $8,240 00_ 042922320021 COUNTY OF RAMSEY PARKS AND REC 0 KOHLMAN LN E 042922320037 COUNTY OF RAMSEY PARKS AND REC 0 KOHLMAN LN E 042922330004 BOB KOHLMAN 0 KOHLMAN LN E _ __ 1 __ $4,510.00 ____„ _ $900.00 _ $5,460.00 $10,870 00___ 042922330003 042922320020 ROBERT KOHLMAN PATRICIAAGLASOW 890 897 KOHLMAN LN E KOHLMAN,LNE i __t _____ $4,510.00 $4,510.00 _.._ $900.00 . $900.00 $5,460.00 $5,460.00 $10,870.00 $10,870.00 042922330026 042922330027 042922330026 MICHAEL P LESSARD TIMOTHY R CARY JOHN A BIGHLEY 900 920 926 KOHLMAN LN E KOHLMAN LN E KOHLMAN LN E 1 1 1 $4,510.00 $4,510.00 $4,510.00 _... _ _ _ _ _ _$900 00 _ $900.00 _ _$900.00 ,.._$5,460.00 $5,460.00 $5,460_00 $10,870 00 _ $10,870.00 $10,870.00 042922330016 RICHARD H KOHLMAN 930 KOHLMAN LN E 1 $4,510.00 $900.00__ $5,460.00 $10,870.00 042922320001 RICHARD L IUNDAHL ETAL 936 KOHIMAN LN E 1 $4,510.00 $900 00 $5,460.00 $10,870.00 042922310022 KEVIN H WALDON 942 KOHLMAN LN E _ _,__ 1 $4,510.00 _ _ $900.00 $5,460_00 $10,870.00 042922310021 JOHN R WOLFGRAM 948 KOHLMAN LN E 1 $4,510.00 $900.00 $5,460.00.,_. __ $10,870.00 042922310020 SCOTT L JADER 960 KOHLMAN LN E 1 _ __ $4,510.00 ,___ $900.00 $5,460.00 .$10,870.00 042922310019 MICHAEL T SWEENEY 964 KOHLMAN LN E 1 $4,510.00 $900.00 _ $5,460.00 $10,870.00 042922310032 BERNARD A FLICEK 969 _ KOHLMAN W E _ _ 1 _ $4,510.00 _ _ $900.00 $5,460,00 $10,870.00 042922310025 ROBERT D HJORT 970 KOHLMAN LN E 2 __._ $9,020:00_ _ .___ $1 800.00 _ $10,920.00 __ __$21,740.00 042922310011 ROGER I PRIGGE 974 KOHLMAN LN E 1 $4,510.00___ __ $900.00 _ $5,460.00 $10,870.00 042922310031 _ ~ PAUL J BENASSI 975 KOHLMAN LN E 1 $4,510.00 $900.00 $5,460.00 $10,870.00 042922310010 KEITH D BARDON 976 KOHLMAN LN E 1 $4,510.00 $900.00 $5,460.00 $10,870.00 042922310030 JOSEPH L BUCHE 979 KOHLMAN LN E 1 $4,510.00 $900.00 $5,460.00 _ $10,870.00 _ _ 042922310029 __ _ NEIL E YOUNGBLOM 985 KOHLMAN LN E 1 $4,510.00 $900.00 $5,460.00 $10,870.00 _ 042922310028 AMY R WALSTROM 989 KOHLMAN LN E 1 $4,510.00 _ $900.00__ $5,460.00 $10,870.00 042922310027 RAY P NADEAU 995 KOHLMAN LN E 1 _ _ $4,510.00 $900.00 _, $5,460.00 $10,870 00 042922310026 lEE ANN CARRIKFR 999 KOHLMAN LN E 1 $4,510.00 $900.00 $5,460.00 $10,870.00 042922330029 MARTIE WOODS 2660 LINDEN LN N 1 _ _ ,. _ _,___ _ $900_00 $5,460.00 $6,360.00 042922330014 MATTHEW ALLEN BYE 2666 LINDEN LN N 1 _ _, _ $900.00. „_ __ $5,460.00 $6,360 00 042922310005 DAVID P GABEL 2843 MEADOWLARK LN N 1 $4,510.00 _ _ $900.00 _ __ _$5,460.00 $10,870 00 042922310004 CHRISTOPHER N JACOBSON 2846 MEADOWLARK LN N 1 $4,510.00 ,$900.00 $5,460.00 $10,870.00 042922310006 ROBERT E WEYER 2851 MEADOWLARK LN N_ 1 ___ _ $4,510.00 __ $900.00 $5,460,00 $10,870.00 042922310003 TERRY C MENS 2856 MEADOWLARK LN N 1 $4,510.00 _ _ $900.00. _ _ $5,460.00 _ _ $10,870.00 042922310007 FRANTZ NIELSEN 2857 MEADOWLARK LN N 1 X4,510.00 _ __, , _. $900.00 _ __ $5,460.00 $10,870 00 042922310008 042922310009 042922310002 _ __ EDWARD F KOMAC THOMAS M OGWANGI JOHN R ANDERSON 2865 2875 2878 MEADOWLARK LN N MEADOWLARK LN N MEADOWLARK LN N 1 1 1 $4,510.00 $4,510.00 $4,510.00 _ _ _ $900.00__ _ . __ $900.00 _ ., $900.00 $5,460:00 $5,460.00 __ $5,460.00 $10,870.00 _ $10,870.00 $10,870.00 RESIDENTIAL ASSESSABLE UNITS WATER MAIN ASSESSMENT SANITARY ASSESSMENT STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT TOTALS = 54 $205,770.00 $36,080.00 $48,600.00 $238,750.00 $529,200.00 2008 ASSESSMENT RATES: TOTAL = $529,200.00 WATER MAIN = $4,510.00/UNIT SANITARY SEWER = $4,510.00/UNIT RESIDENTIAL STORM SEWER = $900.00/UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $5,460.00/UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $4,070.00/UNIT NOTES: THE KOHLMAN COURT WATER MAIN ASSESSMENTS WERE RED!JCEO BY $1,240 DUE TO EXISTING WATER SERVICE INFRASTRUCTURE. THE REDUCTION AMOUN f IS EOUAL TO THE CITY'S 2008 RATE FOR "WATER SERVICE WITH NEW MAIN CONSTRUCTION." loft Agenda Item 18 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II SUBJECT: Hazelwood Street Improvements, Project 07-25 a. Resolution Approving Plans and Specifications and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll c. Resolution Accepting Assessment Roll and Ordering Assessment Hearing DATE: March 12, 2008 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, May 2nd, 2008. Awarding of the bid would be considered by the city council at the May 12t", 2008 meeting. The next step after approving ad for bids is ordering the preparation of the assessment roll and then accepting the assessment roll. After the assessment roll is approved, an assessment hearing can be scheduled for May 12t", 2008. The award of bid would be considered by the city council after the assessment hearing is conducted. Background The city council ordered the preparation of this feasibility study at the October 22, 2007, regular meeting. On February 11, 2008 the city council accepted the feasibility report, authorized preparation of plans and specifications and ordered the public hearing. The project was then ordered at the February 25, 2008 council meeting after the public hearing was conducted. This project accounts for improvements along approximately 0.90 mile of street between Frost Avenue and Minnesota State Highway 36. The work includes full street reconstruction, sidewalk installation, storm water quality management, drainage pipe installation, sanitary sewer and water main repairs, and restoration as identified in the feasibility report prepared by Kimley-Horn & Associates, Inc. The proposed project schedule anticipates construction beginning in late May or early June with completion in November 2008. A plan review open house is to take place on March 18t" between 5:00 p.m. to 7:00 p.m. at the Maplewood Fire Station located at the intersection of Hazelwood and County Road C. This is a chance for residents to comment on the design plans and make final suggestions for staff to make final adjustments before bidding the project. A portion of project funding is through special assessments which are not dependent on the actual amount of the bid, rather on a predetermined assessment rate established by the city council. The method of assessment is the same as was outlined in the feasibility study. The proposed assessments will be for costs related to the street and storm sewer improvements benefiting properties abutting the project streets. It should be noted that a majority of residents on this street have already paid the one-time storm sewer assessment back in the late 1980's as part of the Footprint Lake area wide drainage improvements. Agenda Item 18 The assessments are shown below: Maplewood 2008 Assessment Rates: Residential Street Assessment $5,460/Unit Commercial and Multi-Family Residential Street Assessment $109.20/FF Residential Storm Sewer Assessment $900/Unit Commercial Storm Sewer Assessment $18.00/FF The total amount to be assessed to benefiting properties is slightly higher than the assessment roll provided in the feasibility study due to a potential lot split. The most current assessment roll amounts to $436,758.49, as shown in detail in the attached assessment roll. Budget Impact The budget was set through council resolution as $2,352,000. The capital improvement plan for 2008-2012 estimated a total project cost of $3,530,000. Both financing plans are detailed below. Proposed Financing Sources Bonds -State Aid Assessments Sewer Fund SPRWS WAC Fund Sidewalk Escrow Driveway Program TOTAL $ 1,701,902.00 $ 433,098.00 $ 91,000.00 $ 40,000.00 $ 40,000.00 $ 16,000.00 $ 30,000.00 $ 2,352,000.00 CIP Financing Sources Bonds -State Aid Assessments Sewer Fund SPRWS TOTAL $ 2,323,900.00 $ 1,029,600.00 $ 141,200.00 $ 35,300.00 $ 3,530,000.00 The budget set for this project as estimated in the feasibility study is still in order and no budget adjustments are needed at this time. RECOMMENDATION It is recommended that the city council approve the attached resolutions for the Hazelwood Street Improvements, City Project 07-25: Approving Plans and Advertisement for Bids, Ordering the Preparation of the Assessment Roll, and Accepting the Assessment Roll and Ordering Assessment Hearing. Attachments: 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 4. Location Map 5. Assessment Roll RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on February 11t", 2008, plans and specifications for Hazelwood Street Improvements, City Project 07-25, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 2nd day of May, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 12t", 2008. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Hazelwood Street Improvements, City Project 07-25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood Street Improvements, City Project 07-25, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 12t" day of May 2008, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. J J~~ ~ `T ., ~~ o ~~ENI~~ 'z'-'-' ~ CT cn 1 CON NOR ~`' OR AVE. o g GERVAIS ~ ~ ~ COPE CT. J LARK ° CO. RD. >ND ~ RD. JUNC TION Q AVE. Timber= J ~v 6~ Pork J ~JCP ~F RAF 00 ° g~,~~` NT LN. ~ p,VE. SKILL ~`P~ VE ~ SH~~ ~ AVE o RYA~r~ AVE. w m Flicek ~ Pork ~ I =I r U 36 ~~ O z_ ~ ~ ~ Q ° cn ~ ~ g w ED w c~i~ ~ DEMONT ~ AVE. m g BROOK AVE. E. ~ Harvest U ~ Pork Q m Four ~ AVE. Spos~ns p SEXTANT ~~ z ~ g GRANDVIEW AVE. VIKING DR. v~i 0 EHILL RD. II~ SHERREN AVE. ~^~ Knuc~ Head Lake COPE AVE. r ~i °a AVE. AVE. `" ~ _, LARK ° AVE. ~ LAURIE RD. ~ LAURIE aRD. ~ W ~ Q (n,~', Q p ~ Sherwoodz ~ J Q SAND HURST ~ Pork z rn AVE. w w z ~B ~ ~ CO. RD. E 0 ~ BURKE AVE. ~ 0 BURKE AVE. CIR ~ m ~ ELDR IDGE AVE. ,john Glenn 64 65 i~ BELMON LN. °o ~`~ GgTEWAy 0 ~ SKILLMAN AVE. ~ HARRIS AVE. ROSEWOOD AVE. N ~ Robinhood ~, ROSEWOOD U Park R AN AV. ~ AVE. S ~ i z Q~ J~• P, ,R ST^ ~ AVE. ~ N ~ ~ ~ ~~ ~'~ P:\WORKS\AGENDA\LOCATION MAPS w Y ° z / ~~ H. ~~ CC V J tl c~ J Q w ~ Q U B Q ~ Cit~ll no scare HAZELWOOD STREET IMPROVEMENTS FROST AVE. TO COPE AVE. C.P. 07-25 HAZELWOOD STREET IMPROVEMENTS ASSESSMENT ROLL CITY PROJECT 07-25 STREET RESIDENTIAL COMMERCIAL STORM STREET TOTAL PARCEL ID TAXPAYER NUMBER STREET UNITS FRONT ASSESSMENT ASSESSMENT ASSESSMENT FOOTAGE 102922340043 PAUL E TUCKNER 1534 SANDHURST DR E 1 $5,460.00 $5,460.00 102922340058 JENNIFER M RASMUSSEN 1535 COUNTY ROAD B E 1 $5,460.00 $5,460.00 102922430052 TIMOTHY J ASHTON 1546 LAURIE RD E 1 $5,460.00 $5,460.00 152922120013 OPERATIONS LSD 622 1560 COUNTY ROAD B E 1114.21 $121 671.73 $121,671.73 152922240025 DEBORAH TSCHIDA 1941 HAZELWOOD ST N 1 $5,460.00 $5,460.00 _ 152922130049 TRUSTEES OF C R OSS LUT H__CH 1945 PROSPERITY RD N 275.30 $30,062.76 $30,062.76 152922240026 _ _ _ _ _ JANET K HARDWICK 1951 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922130050 JAMES DAVIS 1956 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240086 MARTINLIENKE 1961 HAZELWOODAVE 1 $5,460.00 $5,460.00 152922130051 ELIZABETH M CARLSON 1962 HAZELWOOD STN 2 $10 920.00 $10,920.00 152922240027 TIMOTHY J BUEGE 1967 HAZELWOOD STN 1 $5 460.00 --- $5,460.00 152922130052 AMY DOEUN 1980 HAZELWOOD STN 1 $5 460.00 $5,460.00 152922130053 CECILIA M EDWARDS L E 1988 HAZELWOOD ST N 1 $5,460.00 $5,460.00 152922240012 WAYNE J OCONNOR 1997 HAZELWOOD STN 1 $5 460.00 $5,460.00 152922130054 THOMAS D WALLACE 2000 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240013 LOUIS EVERETT 2007 HAZEIWOOD STN 1 $5,460.00 $5,460.00 152922130055 RAYMOND A COPT 2010 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240014 TOUA THAO 2013 HAZELWOOD STN 1 __ $5,460.00 $5,460.00 152922130056 LEO J VERHAAGH 201 B HAZELWOOD ST N 1 $5 460.00 $5,460.00 152922240015 THOMAS J ZIMITSCH 2021 HAZELWOOD ST N 1 $5,460.00 $5,460.00 152922130057 TIMOTHY P GAGE 2026 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922240016 ARCHIE D SMITH 2029 HAZELWOOD STN 1 _ _ $5,460.00 $5,460.00 152922130058 MARY DEE MILLER 2034 HAZELWOOD STN 1 _ _ _ _ _ ~ $5,460.00 $5,460.00 152922120026 RONALD P SEIVERT 2044 HAZELWOOD ST N 1 $5,460.00 $5,460.00 152922210045 JOSEPH W SAURO 2051 HAZELWOOD STN 1 _ _ _ _ __ _ $5,460.00 $5,460.00 _ 152922210090 LAWRENCE G PRUDEN 2071 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210089 DONALD A MUCHOW 2061 HAZELWOOD STN 1 $5 460.00 $5,460.00 152922210088 MICHAEL A LEVEILLE 2091 HAZELWOOD STN 1 $5 460.00 $5,460.00 152922210039 STANLEY G SOMMERS TRUSTEE 2107 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210040 LESTER R PETERSON 2115 HAZELWOOD STN 1 $5,460.00 $5,460.00 152922210092 _ JOAN GLORIA GALLAGHER 2125 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430062 HUE VANG 2180 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430061 GUILLERMO A AGUIRRE CASTRO 2186 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430060 GARY L KRANK 2194 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430059 GEORGE A WHITE 2202 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922340030 BILLEIGH H RISER 2205 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430053 JAMES L POTTER 2210 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922430048 JUDY D BALER 2240 HAZELWOOD STN 4 $21,640.00 $21,840.00 102922340014 MARY JO FREER 2255 HAZELWOOD ST N 1 $5,460.00 $5,460.00 102922310085 LINDA A CARYE 2291 HAZELWOOD STN 1 $5,460.00 $5,460.00 102922420030 COMMUNITY LIVING PRTNRSPS LLC 2300 HAZELWOOD STN 225.00 $4,050.00 $24,570.00 $28,620.00 02922420029 1 COMMUNITY LIVING PRTNRSPS LLC 2310 HAZELWOOD STN 170.00 $3,060.00 $18,564.00 $21,624.00 _ _ 102922310042 FEDERAL NATL MTG ASSN 2321 HAZELWOOD STN 1 $5,460.00 $5,460.00 RESIDENTIAL COMMERCIAL STORM STREET TOTAL UNITS FRONT gSSESSMENT ASSESSMENT ASSESSMENT FOOTAGE TOTALS= 43 1784.51 $7,110.00 $429,648.49 $436,758.49 TOTAL = $436,758.49 2008 ASSESSMENT RATES: RESIDENTIAL STORM SEWER = $900/UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $5,460/UNIT COMMERCIAL STORM SEWER = $18/FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $109.20/FRONT FOOT NOTES: ' MOST PROPEftI IES HAVE ALREADY PAID THIS ONE-TIME ASSESSMENT 1 oft Agenda Item 19 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II SUBJECT: Myrtle-Idaho Area Street Improvements, City Project 07-19, and Sterling Street Improvements, City Project 07-32 a. Resolution Combining Projects b. Resolution Approving Plans and Specifications and Advertising for Bids c. Resolution Ordering Preparation of Assessment Roll d. Resolution Accepting Assessment Roll and Ordering Assessment Hearing DATE: March 12, 2008 INTRODUCTION Final plans and specifications for the above referenced projects have been completed and are ready to be advertised for bids. Due to the scope of work for both projects being reduced staff recommends the projects be combined and bid as one project. The proposed bid opening for the project is scheduled for 2:00 p.m., Friday, April 18t", 2008. Awarding of the bid would be considered by the city council at the April 28, 2008 meeting. The next step after approving ad for bids is ordering the preparation of the assessment roll and then accepting the assessment roll. After the assessment roll is approved, an assessment hearing can be scheduled for April 28, 2008 at 7:15 p.m. The award of bid would be considered by the city council after the assessment hearing is conducted. Background The city council ordered the preparation of the Myrtle-Idaho Area Street Improvements feasibility study at the August 27, 2007, regular meeting. On January 28, 2008 the city council accepted the feasibility report and ordered the public hearing. As a result of resident feedback at the public hearing on February 11, 2008, the city council voted to remove Idaho Avenue from the project scope. Similarly for the Sterling Street Improvements, the scope of work was reduced at the public hearing on February 25, 2008. The feasibility study for this project was ordered at the October 22, 2007 council meeting and the report was accepted on February 11, 2008. Sterling Street between Larpenteur Avenue and Ripley Avenue is no longer being reconstructed. Combing these projects would account for about one half mile of residential street reconstruction. These streets are proposed to be fully reconstructed with a concrete curb and gutter section. Storm water quality management and the addition of storm pipe are proposed for both streets. Sterling Street is also set for water main replacement and spot sanitary sewer repairs in coordination with the City of North Saint Paul. Myrtle Street will also have spot sanitary sewer replacement along with water valve replacement and hydrant upgrades. The proposed project schedule anticipates construction beginning in early May and completion of the project in October 2008. A plan review open house is to take place at the Maplewood Community Center on March 20t" between 5:00 p.m. and 7:00 p.m. This is a chance for residents from Sterling Street and Myrtle Street to comment on the design plans and make final suggestions for staff to use in final adjustments to the plans. Agenda Item 19 There are 23 parcels being improved along Myrtle Street with three properties meeting warrants for a lot split in the future, thus amounting to 26 total assessable units. Sterling Street has 15 parcels being improved and since the street will not be rebuilt between Larpenteur Avenue and Ripley Avenue, the two commercial properties will no longer be assessed for street improvements. A portion of the project funding is through special assessments, which are not dependent on the actual amount of the bid, rather on a predetermined assessment rate established by the city council. The method of assessment is the same as was outlined in the feasibility study. The proposed assessments will be for improvements to the benefiting properties abutting the project streets. The assessments are shown below: Maplewood 2008 Assessment Rates: Residential Street Assessment $5,460/Unit Commercial and Multi-Family Residential Street Assessment $109.20/FF Residential Storm Sewer Assessment $900/Unit Commercial Storm Sewer Assessment $18.00/FF The total amount to be assessed on both streets is $259,004, which can be seen in the attached assessment rolls. Budget Impact The budget was set through council resolution as $573,470 and $977,501 for Myrtle Street and Sterling Street, respectively, for a total combined budget of $1,550,971. Before the reduction in scope of both projects, the capital improvement plan for 2008-2012 estimated total project costs of $1,250,000 and $2,400,000 for Project 07-19 and Project 07-32 respectively. Shown below is the current approved financing for both projects and the project financing as a result of combining the projects: Source Myrtle Street Sterling Street Combined General Tax Levy $ 366,176.00 $ 196,401.00 $ 562,577.00 Assessments $ 167,904.00 $ 91,100.00 $ 259,004.00 Sewer Fund $ 30,300.00 $ 30,300.00 City of North St. Paul $ 490,000.00 $ 490,000.00 EUF $ 200,000.00 $ 200,000.00 Driveway Program $ 9,090.00 $ 9,090.00 TOTAL $ 573,470.00 $ 977,501.00 $ 1,550,971.00 It is proposed to combine the project financing as shown above and update the project name to, Myrtle- Sterling Street Improvements, City Project 07-19, and bid the project as one in order to reduce contractor mobilization costs and provide a greater quantity of work, which usually garners more competitive bid pricing. RECOMMENDATION It is recommended that the city council approve the attached resolutions for the Myrtle-Idaho Area Street Improvements, City Project 07-19, and Sterling Street Improvements, City Project 07-32: Combining the Projects and Project Financing, Approving Plans and Advertisement for Bids, Ordering the Preparation of the Assessment Roll, and Accepting the Assessment Roll and Ordering Assessment Hearing. Attachments: 1. Resolution Combining Projects and Project Financing 2. Resolution Approving Plans and Advertising for Bids 3. Resolution Ordering Preparation of Assessment Roll 4. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 5. Location Map 6. Assessment Roll RESOLUTION COMBINING PROJECTS AND PROJECT FINANCING WHEREAS, there was a reduction in the project scope to both the Myrtle-Idaho Area Street Improvements, City Project 07-19 and Sterling Street Improvements, City Project 07-32. WHEREAS, if the above mentioned projects are combined as one single construction project the construction bidding prices are likely to be more competitive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. Myrtle-Idaho Area Street Improvements, City Project 07-19 and Sterling Street Improvements, City Project 07-32 be combined as a single project under the new name of Myrtle-Sterling Street Improvements, City Project 07-19. 2. The finance director is authorized to combine the projects and make the necessary financial transfers in order to establish the combined budget as reflected below: City Project 07-19 City Project 07-32 City Project 07-19 Source Myrtle-Idaho Sterling Combined (Myrtle-Sterling) General Tax Levy $ 366,176.00 $ 196,401.00 $ 562,577.00 Assessments $ 167,904.00 $ 91,100.00 $ 259,004.00 Sewer Fund $ 30,300.00 $ 30,300.00 City of North St. Paul $ 490,000.00 $ 490,000.00 EUF $ 200,000.00 $ 200,000.00 Driveway Program $ 9,090.00 $ 9,090.00 TOTAL $ 573,470.00 $ 977,501.00 $ 1,550,971.00 Approved this 24th Day of March 2008. RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on August 27t", 2007, plans and specifications for Myrtle-Idaho Area Street Improvements, City Project 07-19, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, WHEREAS, pursuant to resolution passed by the city council on October 22nd, 2007, plans and specifications for Sterling Street Improvements, City Project 07-32, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, WHEREAS, pursuant to resolution passed by the city council on March 24t", 2008, Myrtle-Idaho Area Street Improvements, City Project 07-19 and Sterling Street Improvements, City Project 07-32 were combined as a single project under the name Myrtle-Sterling Street Improvements, City Project 07-19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 2:00 p.m. on the 18th day of April, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 28t", 2008. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Myrtle-Sterling Street Improvements, City Project 07-19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Myrtle-Sterling Street Improvements, City Project 07-19, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of April 2008, at the city hall at 7:15 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. N 0 RTH STe PAU ~ JAY HOLLOWAY ~ AVE. ~ ~ 0 (% ~ ~ ~ O Hillside ~ O Park ~ R I P LEY AVE. ~ ~~ KINGSTON ~~ ~ AVE. o = ~ ~ ~ ~ MCKNIGHT LN O ~ _ ~ ii~_ .iL' I~ J ~~ LARPENTEUR w~ ~ ~ ~ ~ ~ ~ ~ w U ~ F- >~-- H OYT~AVE. o ~ o ~ z_ o -~ ~ ~ ~ W Q ~ ~ ~ (~ Q KNOLL CIR. AVE. DAH 0 AVE. MONTANA AVE. Mop RaNA L- ~ TEVLIN OAK ~ CT. CIR. ~ ~ NEBRASKA ~l~• ~~,p P ~ ~~ w ~~ Nebraska _ Park . , ~ ~ ~k e~~ ~ PROPOSED 2008 STREET IMPROVEMENTS NO SCALE MONTANA AVE. ~~~~\~ ~~sP° P~~ ~~ 2 Myrtle-Sterling Street Improvements MAPLEWOOD, MINNESOTA CITY PROJECT 07-19 I MYRTLE-IDAHO AREA STREET IMPROVEMENTS C.P. 07-19 COMBINED ASSESSMENT ROLL CITY PROJECT 07-19 STERLING STREET IMPROVEMENTS C.P. 07-32 2008 ASSESSMENT RATES: RESIDENTIAL STORM SEWER PER UNIT $900.00 RESIDENTIAL FULL STREET RECONSTRUCTION PER UNIT $5,460.00 COMMERCIAVMULTI-FAMILY STORM SEWER PER FRONT FOOT $18.00 COMMERCIAUMULTI-FAMILV FULL STREET RECONSTRUCTION PER FRONT FOOT $109.20 loft Agenda Item 110 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II SUBJECT: Cottagewood Public Improvements, City Project 06-10, Resolution Approving Final Payment and Acceptance of Project DATE: March 14, 2008 INTRODUCTION The construction of sanitary sewer and water utilities extending in Highwood Avenue to the approved Cottagewood PUD was completed in late 2006. Final completion including placing the final wear course and striping occurred in 2007. The contractor, Northdale Construction, Inc., has fulfilled their contract obligations. The city council will consider approving the attached resolution for acceptance of the project and for final payment to the contractor. Background The Cottagewood planned unit development, located at 2666 Highwood Avenue (just east of Dennis Street), was approved by the city council in August 2006. In order for the 15 detached town home units to be built, sanitary sewer and water utilities had to be extended to the development site. Sanitary sewer was extended to the development from the intersection of Highwood Avenue and Century Avenue S, and water main was extended from the intersection of Highwood Avenue and New Century. As a result of the utility extension the Highwood Avenue roadway was rebuilt and boulevards restored. There were three change orders for this project. Change Order 1 was a reduction in the construction contract amount as a result of the City paying Saint Paul Regional Water Services directly for the water main extension improvements, rather than including it with the construction contract as was originally planned. Change Order 2 was for subgrade corrections, traffic control and erosion control measures, and additional bituminous paving. Change Order 3 consisted of additional striping and catch basin adjustments. All change orders have been approved by the city council. Budget Impact The public improvements are a direct benefit to the developer of the Cottagewood PUD, and as such this is a developer financed project through assessments and fees. The current revenue from assessments and fees is $231,200. The current expenditure is $240,375.35. The City holds a letter of credit in the amount of $50,000. When the project is ready to be closed out, a final budget recapitulation will be done and a request made at that time for the difference. City funding should be considered for this difference because the sewer main installed as part of this project will provide sanitary sewer service to those properties currently on septic systems on Highwood Avenue between Dennis Street and Century Avenue. RECOMMENDATION It is recommended that the city council approve the attached resolution for acceptance of the project and release of the final payment to Northdale Construction in the amount of $14,762.81. Attachments: 1. Resolution 2. Location Map RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Cottagewood Public Improvements, City Project 06-10, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 06-10 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. ~ti~~ ~~ ~~ ~~_ - ~`~~ r ,~. ~; ,,I i 1 ~~ I 9L ~ ' ~ _ r ~ ;~,~~' r ~' I W I i ~ ~, - - ; r. - - i r _ __ : Q ---- ---- I ~•`-" it II i~ -.I I ~ , ; tom' } C~ ~ I ~ I ,.. I-- ~-.}~-'~-1 '~ i jl Yi? I 1~ iW 1 I ~ ~~~ ! !U 4 II ---------- '~_ -------_ = '---- --------- -------'_--_-- I ' I ~ i .I I~ II ~;~ I~ ;'f j i7 I~ I~, W II Ij ,3 N„ I 1' ~ ~1 m ' ''i ~-. D I~ Q ~~ Pieasantview Pal-k ~,~ ~® LOCATION -MAP 4 N Agenda Item 111 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Bryan Nagel, Street Superintendent SUBJECT: Approve Purchase of Bituminous Materials DATE: March 13, 2008 INTRODUCTION Each year the largest impact on the street department's maintenance fund is from the purchase of bituminous materials from T.A. Schifsky. In past years the cost has ranged from $20,000.00 to $45,000.00. This is an annual necessity to maintain roads through patching, paving, and curb work. Due to the increasing price of oil, this item is difficult to estimate. It is anticipated that the various bituminous purchases will approach $35,000.00 during the 2008 season. BUDGET IMPACT Funds were previously requested and are currently in the 101-502 maintenance materials budget to provide for these purchases. RECOMMENDATION Staff recommends authorizing the Street Superintendent to purchase the bituminous materials as needed up to $35,000.00. Agenda Item 112 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Bryan Nagel, Street Superintendent SUBJECT: Authorize 2008 Street Striping DATE: March 13, 2008 INTRODUCTION Each year the Ramsey County Public Works Department provides roadway pavement striping services to the various County municipalities. The cost of this service exceeds $10,000.00 and will require council approval. Background Pavement striping is important to vehicular and pedestrian traffic. Ramsey County has sent out the yearly notification for pavement striping services for the 2008 season. Each year when we receive the notification we evaluate the existing conditions and any upcoming projects or maintenance operations. Currently 50% of our striping is done each year. BUDGET IMPACT Funds were requested and are currently in the101-502, fees for service, budget. RECOMMENDATION Staff recommends authorizing Ramsey County to perform City pavement striping needs, not to exceed $22,000.00 Agenda Item 113 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: DuWayne Konewko, Acting Public Works Director Bill Priefer, Public Works Operations Analyst SUBJECT: County Road D- McKnight Road to Bellaire Avenue; Bellaire Avenue- Lydia Avenue to Woodlynn Avenue; Maplewood Drive- County Road B to Cope Avenue; and Cope Avenue- Maplewood Drive to Atlantic Street- Resolutions Approving Municipal State Aid Designation DATE: March 13, 2008 INTRODUCTION We have requested and received permission from the Minnesota Department of Transportation to add County Road D from McKnight Road to Bellaire Avenue, Bellaire Avenue from Lydia Avenue to Woodlynn Avenue, Maplewood Drive from County Road B to Cope Avenue, and Cope Avenue from Maplewood Drive to Atlantic Street to our Municipal State Aid Street system pending city council approval. Background County Road D from McKnight Road east to Bellaire Avenue, then southerly on Bellaire to Lydia Avenue has been in need of major repair for many years. Reconstruction of this road segment was originally considered as part of the 2002 County Road D improvement project. However, funding limitations delayed the reconstruction planning. Designating this roadway as a Municipal State Aid Street will make gas tax funds available for financing this future project. The major reconstruction will include drainage improvements, along with upgrades to the utility systems. A portion of this roadway abuts Interstate 694 and 0.21 miles of the north lane are in the City of White Bear Lake. The City of White Bear Lake has also asked for and received approval to designate their 0.21 miles of road as part of their Municipal State Aid System. The project to reconstruct this roadway is included in the 2008-2012 Capital Improvement Plan with proposed construction in 2011. As of August 1, 2007, the Commissioner of Transportation released portions of trunk highway frontage roads adjacent to Trunk Highways 36 and 61 in Maplewood. Included in those released segments was Maplewood Drive from County Road B to Cope Avenue, and Cope Avenue easterly to Atlantic Street. Currently, Cope Avenue from Atlantic Street east to White Bear Avenue is on our State Aid Street System. The addition of Cope westerly to Maplewood Drive and south to County Road B will augment the city's integrated State Aid Street system and make funds available for future reconstruction. According to the Minnesota Department of Transportation, trunk highway turn backs can be designated as part of the city's State Aid Street System, but are not eligible for turn back funds at this time. The Municipal State Aid Street program was established to distribute gas tax monies to cities based upon the improvement needs of their state aid system. The city is allowed to designate up to 20 percent of the city's street mileage as eligible to receive gas tax funding. Maplewood has Agenda Item 113 mileage available for these designations and the addition of the requested roadways will increase the available funding to the city. RECOMMENDATION It is recommended that the city council approve the attached resolution requesting the approval and designation of County Road D from McKnight Road to Bellaire Avenue, Bellaire Avenue from Lydia Avenue to Woodlynn Avenue, Maplewood Drive from County Road B to Cope Avenue, and Cope Avenue from Maplewood Drive to Atlantic Street as part of Maplewood's Municipal State Aid Street system by the Commissioner of Transportation of the State of Minnesota. Attachments: 1. Resolution Establishing Municipal State Aid Highways 2. Location Maps RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter described meet all necessary criteria and thus should be designated as Municipal State Aid streets under the provision of Minnesota law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the roads described as follows, to-wit: Extension of MSAS 121 County Road D- McKnight Road to 1,080 feet east (0.20 existing miles all within Maplewood) Extension of MSAS 121 County Road D- 1,080 feet east of McKnight Road to Bellaire Avenue (Common boundary designation with the City of White Bear Lake. The City of Maplewood designates 0.21 miles of the total 0.42 miles) Extension of MSAS 126 Bellaire Avenue- Lydia Avenue to Woodlynn Avenue and County Road D (0.15 existing miles). Extension of MSAS 108 Maplewood Drive/Cope Avenue- County Road B to Atlantic Street (0.50 existing miles. Trunk Highway right of way was released to the City of Maplewood under Release Order Number 1363. be, and hereby is established, located, and designated a Municipal State Aid street of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, the same be constructed, improved, and maintained as Municipal State Aid streets in the City of Maplewood. 694 0 ~- z z U ~~ PLE ~~~ ~ MSAS DESIGNATION AVE. Q J ~ ~ ~ ~P~ ~-9 m [ ~~~\~ NO SCALE WOODLYNI ~ w ~ ~ ~ ~II~ 107 70 0 ml !~ MUNICIPAL STATE AID STREET DESIGNATION COUNTY ROAD D - MCKNIGHT ROAD TO BELLAIRE AVENUE BELLAIRE AVENUE - LYDIA AVENUE TO WOODLYNN AVENUE COUNTY ROAD D 0 0 Q o GALL ~~ AVE. ~ ° 3. ~~ ,BRENNER AVE. ~ ~I ~ AlIi ~ ~L "~`~ 'I 2. ''~ I r ~ ~1 I ~ J ' ~ ICI ~ ~:~ ~~m LYDIA AVE., PI aycrest Park STANDRIDGE ~i! Q~ .. ;; ~, , ~~ I 00 ~ Park S-r /~ ~ ~ Manufactured ° J ~ ~ J ~ ~ Housing ~ OC z W ~ Ey/~ P P~M O U W Estates 2 ~ ~OR ~ 5 3 CT OAR ~ CO ~~. ~ CONNOR 4 CON NOR P AVE. CT. a DEMONC AVER ~~. cn ~ D W ~ J ~ o BROOKS o ~ ~ '~ OT Q Q~ Q SEXTANT ~ 112 AVE ~ ~ . ~ CERVAIS AV ~ F< ~F~ PKwY a n ~ 6 k e .,, ~ ~ c~i~ COPE CT. COP 0~ ~ W ~ LARK ~, Keller 25 ~ ~ O RD ° CO L k . . ~ v a e ~'- '~ ~' ~ o c~ ~ ,, LEALAN D ~ R D. , ~ ~ 6~ ~ z Q JUNC TION ~ AVE. O ° CT. O Timbers ~ ~ e~/~~ gURKE Park E ~ ~ ,q ~~ ~ rest ~ ~~ N CIR T ~V o ~ ~ L N ~ J ~ ~ `3~' GC~~ ~ PVE. ~ OAF SKILL ~P vE . G o ~ ~ ~ ~~ ~ ~ s H~ ~ vE ? > ~~- ~ A ~ PROPOSED MSAS DESIGNATION NO SCALE Municipal State Aid Street System Designation Maplewood Drive -County Road B to Cope Avenue Cope Avenue -Maplewood Drive to Atlantic Street I Agenda Item 114 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II SUBJECT: Beam Avenue Improvements, City Project 07-26, Resident Petition DATE: March 14, 2008 INTRODUCTION The Beam Avenue Improvement project was ordered on March 10, 2008 at the regular city council meeting. During the public hearing some residents voiced concerns regarding the preliminary conceptual design of Beam Avenue. After the public hearing was closed and the project ordered, many involved citizens provided suggestions to staff on the design that will commence. On March 14, 2008 staff received a petition signed by 38 residents on Beam Avenue, west of McKnight Road requesting that the street be narrowed from 44 feet to 36 feet as was originally proposed, and also to include bump outs at the intersections as a form of traffic control. The petition also requests that if sidewalk is installed on the north side of Beam Avenue that it be 5 feet wide and have a boulevard width which would make the location of the northern edge of the new sidewalk at the location of the existing back of curb (stay within the 8 feet gained by reducing the width of the roadway). Staff will proceed with these requests. Staff also received signatures of persons interested in having a rain garden that had not yet signed up for one through the staff questionnaire. These nine properties will be added to the rain garden request list and staff will incorporate them into the design if locations are feasible. These rain gardens will greatly help in meeting the infiltration requirements and improve the quality of storm water runoff flowing into the nearby water bodies. Staff will move forward with the design as suggested by the citizens in the petition and also incorporate the additional rain garden requests into the design as feasible. Staff also received strong feedback regarding the need for parking on the north side of Beam Avenue, east of McKnight Road. The preliminary concept was to reduce the street width from 36 feet to 32 feet, and having a no parking condition on the north side. Staff is now proposing to maintain the 36 foot street width and have parking on both the north and south sides of Beam Avenue to address these concerns. RECOMMENDATION This is an update and no formal action is being requested by council. Attachment: 1. Petition for Beam Avenue Design 2. Rainwater Garden Additions NAME ADORES S ~ /~r r _ ,- ; -. ,~~. ~ -' ~,s ~` ~'~ r~ f ~~ ~s°" ~~ ~ ~ ,~ ,~ -~f ~ r .~.-= ~ ~ "' ~' 1 ` ~°'~' ~ r i ~° - ` ,, - (/ F, ~w. ~ --~ f _~ n .~ . ~ ~ , r. ,~, ~~_ f ..,. ~ , d t '~~ - g ~ P ~° ~, NAME J~~ .~..~- __ ~~ `~ ( J "'%' E ~ L`-.. ~,/~'~--',;fib. ~~ f~ r. C/ G ~' `; _ ~ ~ i ~~~ _ ~ ., , r ~ ~~; ~~,~ _ _ ~ ~ f << r ADDRESS ~ ,~,,, '~ _< _ ;` . /j/(j (9j ~jF (( r / ~ ~ ~,. ~ p ~„ '° ~~ ~/f `(`/C{~ ~~ 1" C j f / -'~~f ~/ f t f `~ C~ F~ ~, ~~L l ~i~ / r !/' 1 jC :~` ~ ,~ ., :~ r ~_~ : Or 1~DD~~ S -~ F r Agenda Item K1 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Final Plat PROJECT: Beaver Lake Townhomes Fourth Addition LOCATION: Beaver Creek Parkway, east of Lakewood Drive DATE: March 14, 2008 INTRODUCTION Richard Schreier is requesting that the city council approve the final plat for Beaver Lake Townhomes Fourth Addition. Mr. Schreier is the developer and builder for this phase of the project. This final plat will create two lots for town houses (for seven buildings) in this phase of the development. This plat will be between Lakewood Drive and Beaver Creek Parkway, south of Maryland Avenue. (See the maps on pages four -eight.) BAC KG RO U N D On May 28, 2002, the city council made several approvals for the Beaver Lake Town Houses. These included: A conditional use permit (CUP) for a planned unit development (PUD) fora 148-unit housing development. The applicant requested the CUP because Section 36-566(a) of the city code (shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland district of Beaver Lake and will have a mix of housing with 40 single-family detached twnhomes and 108 rental units in 11 8-unit and 5 4-unit buildings. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements would normally allow. (See the approved site plan on page eight.) 2. Street right-of-way and easement vacations. These were for the unused street right-of-ways and easements on the site. 3. A preliminary plat to create the lots in the development. 4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. (See the city council minutes starting on page nine.) On August 26, 2002, the city council awarded the contract for the construction of the Beaver Lake sanitary sewer improvement project to Barbarosoa and Sons, Inc. They completed this sewer project in December 2002. On November 13, 2002, the city council approved the first final plat for the Beaver Lake Town Houses. This plat created six lots for detached town houses along Maryland Avenue, several outlots for future phases of the development and the park area along the creek in the center of the site. On March 31, 2003, the city council approved the second final plat for the Beaver Lake Town homes. This plat created 16 lots for detached town houses in the area west of Sterling Street and south of the creek corridor. On June 9, 2003, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On September 8, 2003, the city council approved the Beaver Lake Townhomes Third Addition final plat. This plat created 18 lots for detached town houses in the area west of the creek (along Beaver Creek Parkway) and east of Lakewood Drive. On June 28, 2004, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On June 13, 2005, the city council reviewed this permit and agreed to review it again in one year. On June 26, 2006, the city council reviewed this permit and agreed to review it again in one year. On June 11, 2007, the city council reviewed this permit and agreed to review it again in one year. On October 8, 2007, the contractor for the first of the eight-unit apartment-style buildings applied to the city for a building permit. This permit is for one of the buildings that will be east of Lakewood Drive and west of Beaver Creek Parkway. (The city has not yet issued this building permit, as the developer and contractor have not met all the conditions of approval for this phase of the development, including getting final plat approval from the city council.) On November 26 and December 10, 2007, the city council heard testimony during visitor's presentations from several residents within the Beaver Lake Townhome development. These residents expressed concerns about the status of the project and about the future phases of the development. On January 14, 2008, the city council reviewed the conditional use permit for the Beaver Lake Town Houses and agreed to review it again by July 2008. (See the enclosed city council minutes.) DISCUSSION The developer is progressing with the construction of this phase of the development. The contractor has completed the rough grading of the site and has installed the pond and some of the utilities. The city is holding escrow for the unfinished project work, including fencing and landscaping. In addition, the city engineering staff has a signed agreement with the developer to ensure that they will complete all required site work. The developer has finished all the conditions required by the city council for final plat approval. RECOMMENDATION Approve the final plat for the Beaver Lake Townhomes Fourth Addition. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. p:sec25/beaver lake th 4th final plat Attachments: 1. Location Map 2. Address Map 3. Aerial Photo 4. Proposed Final Plat 5. Approved Site Plan dated March 12, 2002 6. May 28, 2002 City Council Minutes 7. January 14, 2008 City Council Minutes 8. Proposed Final Plat (Separate Attachment) Attachment 1 ,. , ~ ~``~~ ?~ ~ ~ 'GJ ° ~ €~ L5 a Y~ ~~ 4 ,i §~ ~r g =_[ ! 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[EXCiN ,RdJ ~f . ,- ,'.~ f p0r 4 ~scx ~x>:EM SEr Ax0 MARKN WITH A PIASrIC' CAP O YFwp RLS i9IY r'. _+ I 2 Q, -. ` ~ _~ , ~~ . !-•yN , ?B, ~ ~ ~ ~ ~ A nrr:ores PK I4A[ SR AY C9NGAFIL ai w ~ ~ $ xxorrs Ieua-Er cSLwn usr eanw uoxypENr rPVNp ~~ I v . _ ~~ { I `,A 1,` a fu 1 ~}` ~ , f " .J -`- ~ ~ ~tl w ry°+,.Q, -1 I £ KNOW ALL MEN BY THESE PRFSENTS~ 7hel 4 a M 1107 LLG a Minneaafo irmxec (ae owner cT !ha laflawing dvsrribed property affuvhd in the LYIy of Meplewpod, E ~ 1 I . ~Inle a{ Minneeem r ~• tl~ 1 - w ~ ~r ti ~-_ ~ OWfel N and Ounel PF47ER LAKE" TPiVAIHOMES, RomseY County, Mlnnem ~' }~ 1 o~ I ~ a,t E., ~ ! ~, ! Nas caused the some is be surveyed and pfnHed as BEAVFR LAKE' TOWNIIOMES hereby dedfcofe or dvnoH M !hs pubfle ~ r pubne vae fnnver the drafnege ono `J ~ - ~ - I `7 o°i~i:_ ~ 1 shown on M1a phf. ~ ~ I ® ~~ 'o~ t' ~' z•; ~ In wfMeas whene/ sold M & M lI07 LLC o Mlnneaele Llm6ed Li 6lflf C - -, `~ 1 N~ A0 0 9 7T- = N ` ~ y + ~ ;: • :__ ~ J , o y ampony, caused Ihese rarersk l0 6e sf ad b lh p 9n y proper o{{leer lhls dey of I _ ~ rr0~ 7 w~rN l I 5' ~ 51 d M R M l rP7 LLC ' ~ 5~ ke 'i , - .. 9 ~~, 9rte : pg'er'! 65 f4 + nos7awr'e, ''`5 4~0~ ~ ~ ~J NB9.2P'sP:R ii;"i.:7r zeaw<~' R~R SBH•96'91"h B OO 6 B9•e7'fB• ~ 4~ Mary P. Barndnle, Ch7e! Manogar q' ,: I . A- - - ~ - 8 - SB9.08'yf"N -- R-P(+0P ~ ~ - W ; zs.o! sse•Pa'sr"x' 121.90 ~,~ r-, ' lB.PB~ - 1S ~PB"51 'Y9, ]Y r0.01~m ~ L- ~.`j 13.03 ` 4 [ NOr3'51'2B ~ $ L~ rR=36.77 STATE OF MINNESOTA cPt{N77 PF 7.~ bqm ( ~ 1 '~ fe=/=•99'03"a __ I Vf &'f / ii ~ e e feregoEng In¢Immenl woe acknowlvdgvd before me ihls _ ~[vy of by Mery P. Bemdefe, Chle! Manager aI M G M r1P7 LLC, a Mfnneaela Gmfied C ~~ V ~~ / L 1 I f ~ n behaN o! rhs cvmpony. ~ ~ r ~ r - -~ '1 I ~z ;n - I ' ~~ w .. f :::: ` ~ I g c 2 .......... f 1 u~` _ f (PNnNd Nome Noia e ole P bP N7 g h' ~ I I , ~ ,~ ~ f y i31 ep'N I]'W reY.J3 ry u C. nn a My Cvmmlaalm EKpfraa ~ ~¢~ J-_ -" , V T t I__T__- ~ ~' ~ - ' - 7g-f~. o.P g E `-pRAM'AGE .um unurr FASFArExr lsry o `.r3 I I fFS y ~ I PER Pur a<pcAWn LAK£ romvxares-, -Sou15 Lrie ME!/a NWl% ; ~ j I _ 9 ` f.. - - --..- srF zR IYar, BYYW r ~~ I E [r. AKT/1 NwYH ~8•~ 5B M `..205.90 - _ _ ry -SW SEC Y; Tl9x. FYSW Fi ~ - - ~ - - MID~PI'iST ~ - - - - I (Land SurveyoT'6 k L9viI Eb.Siaeers, Iac. N 0 7 Attachment 5 Attachment 3 •.a+ .__--- ~~ ~ C ~ P i t ors j, '-,, ` ~ ~ 1 ~ L x ~ ~ '-'.. _ - .-, } ; i FIGS^_'iYi:'?~5 ti~ 5iR1_-5~.~ N t ~ i i 3 ~ ~ ~1~ ~ 7 `~ ~ ~1 ! I y ROSEWOOD ESTATES 1 `~., ' r.:~p. •! f ~ ~ ~ "~ ~enicR~ Q~R~ ,f ~ ~. ~ r ~,:,i:,~ __ .. II r ~. „ _~ , ~' .. ® .~ ~ } t-r~r } 1 Lr~ , ~ ~'~RQ. ~ ` fir" " ~ i_ ~ ~ i ~ ~ - ;' :. .-{/ . , 1 ~ ~ ~ - ~~ • - -i. ,• - ~ =,.. {. ~+y ,7- .-~ - . ~ y.. y. ~ ~ MACNOW raLb Aldo Ay8/yllp ^' _ -' ~ ~ - ^ ~` I .~~.~ ~~ - rykr~...«S~~~w~ exr vw~ n ~,,.. ~.. ~. ~ ~w err .~ sSS.:'.^r-f- t.n~arsve aR r ..v~aas ...ruv~rx~ 5 ~~~~~..w ~--~•r....r+-~r ~>~flIWCPQT ~ro-eK~GRSF~ _... ~1 ~. A'. ~ay+ t^: qra Wwflkf~L Rte, +t~Wil ~ lStd I:Wi rx-w. SITE PLAN ~,~~~~ BEAVER LAKE T41~YMHOMES - _A Y~VUE - ._._ ,.._ _- - ~_ ~ w ~ •~ y pOf 1~Q7` aR~A ~, ;I C I ~ -~-.. ,~~,o~.. + ` 1 ~~ . I e _~ a I Imo..,. s _ I. ~u - - ^~- - gvsvvE - - A i 4 ~ -~ -__. I I -. _~i ~ I ~~ i R `~ ~~ --..~ ,. .i I oo ...~ ~ ~. d neraner~~r ~acnn~r ~1O °~^'^ "` s+~ur r~yf ia....c~r area .._ R.c .ru,..,.`ntie,..a~..,. _.,..w ner iianrirwranriwr 8 Attachment 6 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02-ll A. A. B. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2. 9:33 Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue) A. Conditional Use Permit for a Planned Unit Development (PUD) B. Street Right-0f--Way and Easement Vacations C. Preliminary Plat a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. Councilmember Collins moved to extend the meeting until all agenda items are addressed. Seconded by Councilmember Juenemann Ayes-All d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Laurence Olson, LSJ Engineering, Representing the Developer of Beaver Lake Townhomes Mark Dorling, 1115 Sterling Street North, Maplewood Kay Peterson, 1085 Mary Street, Maplewood Margaret Lutfey, 1076 Mary Street, Maplewood Bob Zick, 1880 E. Shore Drive, Maplewood City Council Meeting OS-28-02 9 Kevin Berglund, 1929 Kingston Avenue, Maplewood Joan Dorling, 1115 Sterling Street North, Maplewood Will Rossbach, 1386 E. County Road C, Maplewood Kay Peterson, Second Appearance Mark Dorling, Second Appearance Bob Zick, Second Appearance Kevin Berglund, Second Appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive: RESOLUTION 02-OS-098 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for a conditional use permit (CUP) for the Beaver Lake Townhomes residential planned unit development (PUD). WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (PINS 25-29-22-21-0010 and 25-29-22-21- 0011.1 WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. The council tabled action on the development request until May 14, 2001. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 2 City Council Meeting OS-28-02 10 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: (1) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. (2) The required trails and sidewalks. (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (4) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26-34. 3 City Council Meeting OS-28-02 11 (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) main as it is now. The Parks and Recreation Director shall approve the land or the area(s) for dedication to the city. The city shall use the Greenways grant from the DNR, while matching the state dollars with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3.* Have the city engineer approve final construction and engineering plans. These plans shall: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and parking lot plans. b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: (1) Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City-required trails are allowed in the buffer and park dedication areas. c. Include a storm water management plan for the proposal. d. Include a coordinated plan with the public works department for the design and 4 City Council Meeting OS-28-02 12 installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. £ Install asix-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The developer's engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. g. Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: (1) From Private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of grading necessary to install the trails. b. Restore all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. 5 City Council Meeting OS-28-02 13 6.* The developer shall give the city wetland easements over the wetlands and the stream. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank. These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and the stream or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream habitat from encroachment. 2. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be: a. Front-yard setback (from a private driveway): minimum - 20 feet, maximum - 35 feet b. Front-yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear-yard setback: none d. Side-yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings 8. This approval does not include the design approval for the townhomes or for the apartments. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities. d. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. 6 City Council Meeting OS-28-02 14 (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 10. The developer paying the city $94,000 in Park Availability Charges (PAC fees) for this development. 11. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to adopt the following resolution a~provin~ a street right- of-way and easement vacations for the Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue): RESOLUTION 02-OS-099 STREET RIGHT-OF-WAY VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following described street right-of--ways: That part of the Sterling Street right-of--way as a roadway easement according to the document filed with Ramsey County lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition. 2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition lying between the east right-of--way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended south. All in Section 25, Township 29, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: On April 15, 2002, the planning commission recommended that the city council approve these street vacations. 7 City Council Meeting OS-28-02 15 2. On May 28, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. Lot 5, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0010) 2. Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) The North 161.83 feet of the West 1/4 of the SE 1/4 of the NW 1/4 (subject to roads) of Section 25, Township 29, Range 22 (1070 Lakewood Drive North) (PIN 25-29-22-24-0072) 4. Except the North 290.66 feet of the West 1/2 North 677.06 feet of the West 1/2 of the SE 1/4 of the NW 1/4 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25-29-22-24- 0073) All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described vacation since it is in the public interest based on the following reasons: 2. The adjacent properties have adequate street access. 3. These right-of--ways are not needed for the public purpose of street construction. 4. The developer will be building private streets and driveways in the project. RESOLUTION 02-OS-100 EASEMENT VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following-described easements: That part of the following sanitary sewer easement according to document number 1504484 lying within Lots 7 and 8, Block 2, Beaver Lake Addition, described as follows: Beginning on the West line of the Northeast quarter of the Northwest quarter of Section 25, Township 29, Range 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of Northwest quarter; thence East 153 feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 172.9 feet; thence South 1 degree 38 minutes 30 seconds West a distance of 80 feet; thence South 88 degrees 21 minutes, 30 seconds East a distance of 170.25 feet more or less to a point on the West line of the 50 foot sewer easement hereinafter 8 City Council Meeting OS-28-02 16 described, all of the foregoing being over Lot 8, Block 1 and Lots 7 and 8, Block 2, Beaver Lake Addition. All lying south of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting property: Lot 8, Block 1, Beaver Lake Addition and Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- describedvacations for the following reasons: It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street or utilities in these locations. 3. The adjacent properties have access to public streets and utilities. Seconded by Councilmember Collins Ayes-All Councilmember Koppen moved to adopt the preliminaryplat for Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive. 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: 9 City Council Meeting OS-28-02 17 Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in at least 15 locations -primarily at street and driveway intersections and street or driveway curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost oftraffic-control, street identification and no parking signs. e. Provide all required and necessary easements. £ Cap, seal and abandon any wells that maybe on the site, subject to Minnesota rules and guidelines. g. Complete and replace as necessary all curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks, complete the following: (1) Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. All trails between lots shall be in a publicly-owned pedestrian way or outlot. (2) The developer also shall build asix-foot-wide sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. (3) The developer shall install atwo-rail split-rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. (4) The developer shall build the trails, sidewalks and fencing with the driveways and streets before the city approves a final plat. (5) The city engineer must approve these plans. 10 City Council Meeting OS-28-02 18 Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, 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 signs before the city issues building permits in this plat. j. Install survey monuments along the wetland boundaries. k. Install survey monuments and signs along the edges of the area labeled "Park Dedication." These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. b. Install signs where the driveways for the apartments and for the town houses intersect the public streets indicating that they are private driveways. 2. * Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (3) Contour information for all the land that the construction will disturb. (4) Building pads that reduce the grading on site where the developer can save large trees. (5) The street, driveway and trail grades as allowed by the city engineer. (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. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. 11 City Council Meeting OS-28-02 19 (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (2) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (3) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (4) Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (5) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil-stabilization blankets. (ll) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. c. * The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. 12 City Council Meeting OS-28-02 20 (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 ^) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c)along the trails (d) along the east side of Lakewood Drive to screen the proposed buildings from Beaver Lake (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility plans shall show: (1) An eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. The parks and recreation director shall approve their locations and design. (2) The public streets and driveways shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (3) All the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. 13 City Council Meeting OS-28-02 21 (4) The removal of the unused driveways and driveway aprons and the completion of the curb and gutter on Sterling Street and on Maryland Avenue and the restoration and sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (6) 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 area. (7) The plan and profiles of the proposed utilities. (8) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. (9) A coordinated sewer realignment and reconstruction plan. The city engineer must approve the sanitary sewer realignment plans. (10) Asix-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. e. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Show the wetland boundaries on the final plat as approved by the watershed district. c. Show the park dedication boundary and area on the final plat. d. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street right-of--ways. e. Show street names for the driveways as follows: (1) Private Driveway A in the west one-half of the site shall be called "Beaver Creek Parkway." (2) Private Driveway B in the west one-half of the site shall be called "Beaver Creek Lane." (3) Private Driveway D in the east one-half of the site shall be called "Sterling Circle." 14 City Council Meeting OS-28-02 22 (4) Private Driveway E in the east one-half of the site shall be called "Sterling Lane." f. Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline. (code requirement) h. Label the common areas as outlots. B. Show the trails in publicly owned property or easements. j. Show the area between buildings 8 and 9 and buildings 21 and 22 as separate outlots and dedicate each of these to the city. 5. Secure and provide all required easements for the development. These shall include: C. Any off-site drainage and utility easements. D. Wetland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading or dumping within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the stream and wetlands from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. Any easements the city needs for the realignment of the sanitary sewer through the site. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This sewer project also will require an assessment agreement between the developer and the city to compensate the city for the benefit that the developer receives from the city sewer construction. 7. Record the following with the final plat: 15 City Council Meeting OS-28-02 23 a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 1 through 3, Lots 19 through 24 and buildings 41 and 42 of the proposed preliminary plan the city received on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. d. A deed dedicating a stream buffer easement (50 feet from the top of each stream bank) for the stream that crosses the site. e. Deeds for the stream and wetland buffer easements surrounding the stream and the wetlands. £ A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. E. A deed that transfers the ownership of the park dedication area to Maplewood. F. Deeds that transfer the ownership of the outlots between buildings 8 and 9 and buildings 21 and 22 to the city. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 8. Submit the homeowners' association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structures. 9. Show the wetland boundaries on the plat as approved by the Watershed District A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat If needed, the developer shall change the plat to meet wetland regulations. 10. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 11. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. 16 City Council Meeting OS-28-02 24 Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Koppen, Wasiluk Nays-Councilmember Juenemann Councilmember Koppen moved to adopt the following resolution approving the on street parking standards for the Beaver Lake Townhome development: RESOLUTION 02-OS-101 NO PARHING RESOLUTION WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake Townhomes. WHEREAS, the developer wants to have reduced street right-of--way widths, reduced street pavement widths and reduced private driveway widths in this development. WHEREAS, the city has approved reduced street right-of--way widths, reduced street pavement widths and reduced driveway widths in the development, subject to on-street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits parking on one side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhome PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25-29-22. Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Wasiluk, Koppen Nays-Councilmember Juenemann Councilmember Koppen moved to authorize city staff to spend up to $400,000 of the open space funds for the 8.9 acres which would include the $150,00 matchinggrant form the DNR Greenwa~ rg am. Staff was also directed to make the developer aware that the city would like to see his participation in the open space pro rg am. Seconded by Councilmember Collins City Council Meeting OS-28-02 25 Ayes-All 17 Attachment 7 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, January 14, 2008 Council Chambers, City Hall Meeting No. 1-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present J. UNFINISHED BUSINESS Conditional Use Permit Review -Beaver Lake Town Houses -Lakewood Drive and Maryland Avenue. a. Planner, Ken Roberts presented the report. b. Public Works Director, Chuck Ahl, answered questions of the council. c. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood, addressed the council. d. Paul Schreier, 441 Eldridge Avenue East, Maplewood, addressed the council. Mr. Schriener said the CUP required a tree plan for this project before any building permits were to be issued. He said nobody at the city could show him the tree plan. (The planning department did find the tree plan in the project file) He said the CUP specifically says the outflow from stormwater from this project will not exceed preconstruction levels. In the engineering report (that hasn't been mentioned yet tonight) he said he would bet it will show an increase of outflow with the portion that is already built. That means already there is a violation of the CUP. You cannot tear out the street or the houses but you can do damage control. This is a violation of the CUP especially in a shoreline area. If you look at the plan from Beaver Creek Parkway to Lakewood Drive you are talking about making an area 100% impervious. Almost every square foot of land is going to be covered by asphalt, concrete or houses. There is no green area left. He heard a comment tonight about the crosswalk that he brought up to the council in November. He said he appreciates the crosswalk at Maryland and Lakewood Drive, the problem is from his addition there is no access from the corner without walking on Lakewood Drive so it is a moot point, the crosswalk serves no purpose. The bus stop is only accessible from walking on Lakewood Drive. Looking back at previous meetings from the planning commission November 15, 2000, he brought up a lack of parking spaces and many of the parking spaces were set at 19 feet long. The planning commission was smart enough to realize 19 feet long was ridiculous and the commission made comments that those parking places need to be increased to at least somewhere between 21 to 25 feet which is more 26 realistic, especially for parallel parking places. People aren't going to park bumper to bumper therefore; you already reduce the parking places below an adequate level. As far as the roofline goes, he said he understands the code about measuring from the midpoint of the roof. The problem is when this building is 40 feet in front of his house and he looks out his window and front door, the midpoint of the roof means nothing regarding the impact this will have on his house. The sky, the sun and the tree are blocked out at the level of the peak of the roof. Mr. Schriener said there are a lot of comments regarding the multi-phases of the project. Nowhere in the CUP was anything brought before the planning commission or the council regarding this being amulti-phased project. It was proposed as a single project and it was interpreted by some to take place all at once, which it didn't. He said these two and three bedroom apartments without the anticipation of children living here. Mr. Schriener said because this project has already paved over, built, 100% concrete, there is absolutely no accommodation whatsoever for any play area for children that this neighborhood would attract. We are living in a dream world. He asked if people expect the kids to play in the streets? It defies common sense. Mr. Schriener said Beaver Lake is designated as a class 5 lake. In other words, its a natural environmental water way as such, it needs to receive, its required to receive, the highest level of protection. Mr. Schriener said that goes with the Maplewood City Code 44-1242, it says that anything built in an area such as this requires 80% screening from 80% of the shoreline of the lake and in addition, anything in this protected area can have no more than 30% impervious coverage. When he looks at this area he sees almost 100% impervious coverage. Even if you take into account the entire park area, if you look at the buildings, the land usage and add in the use of the homes, he doubts it meets the 30% impervious coverage rule. That's an issue for him because that is one of the city codes. City Code 44-50 (this code is unknown to the planning department) says a planned unit development of multi-units requires a 400 foot minimum setback from the lake. There is no way there is 400 feet of setback here. If you look at City Code 44-75 (this code is unknown to the planning department) there are several violations with this CUP. Mr. Schriener said the developer, Mr. Dick Schreier has a long history coming before the city council and asking for CUP's. He has a long history of not meeting the terms and conditions of those CUP's and permits as is the example of the missing fencing. There also was an issue with the US Bank building he built and the curbing. He said if he dug further he was sure he would find plenty more violations. For example, if the neighbor borrows $200 and doesn't pay it back and a few months later he comes back asking for another $200 and the city gives it to him. Nobody has been enforcing Mr. Schreier's conditions to make sure he complies with the conditions. Nobody at the city is watching. Just looking at the overflow alone this matter should go back before the planning commission because this report shows this is not in compliance with the CUP. Mr. Schriener said the engineering reports are contradicting from what he was told this morning from the engineering department. They said there is an increase in the outflow. This is a direct violation of the CUP. You try to whitewash this with the 100 year rain event. The CUP doesn't say it can be variable. The CUP clearly states no increase in outflow. The engineering report will document an increase in outflow. He said frankly it has to be. If you looked at the high and low points and where the water flows, there is definitely outflow. The other thing he questioned the engineering report on is the engineers were convinced the water and the outflow ran south on Lakewood Drive. The reality is the outflow flows north towards Maryland and that is the point the road floods out. The city engineering dept wasn't aware of this until 9:00 this morning so he has serious questions with the engineering reports. The engineers didn't even know the direction the water flows. 27 Mr. Schriener said he remembered a comment from a planning commission meeting and referred to the city bringing up CUP reviews on an annual basis. The reason the city does the CUP is to make sure the is are dotted and the is are crossed and everything is enforced. Evidently that city review process works so well there is going to be a battle between Mr. Schreier and the City of Maplewood regarding who is going to put the fence in. It works so well the city issued 44 building permits without the tree plan. The system is broke, it doesn't work. The outflow is going to increase radically with this new building. How do people get to the crosswalk, and to the bus stop? Where are the children going to play? Where are these people going to park their cars unless you plan to allow cars to be parked on one side of Lakewood Drive? He said he had a couple of engineers review the project plans. Those who reviewed the plans had real interesting comments. They said this was one of the worst planned developments they had ever seen in their lives. Quite frankly the city is seeing the effect of that already. Unless the city starts damage control everyone is going to be dealing with a lot more and potential cost to the tax payers as this goes on. Mr. Schriener said in the CUP it relates to signage to keep kids and people out of the park area because it is a wildlife habitat protected area and people are not supposed to be in that park area except on the walking paths. It's supposed to be signed appropriately which is part of the CUP but it isn't signed appropriately. That area is a low land wetland and animal habitat and is not designed for kids to be playing in. He showed an area on the map where all the runoff goes onto the private property of Rosewood Estates and onto their private drive. In heavy rains, it floods out their driveways and causes washouts. He sees potential liability for the Beaver Lake Development and for the association because we are sending the water runoff onto someone else's private property. Mr. Schriener said first the drainage crosses their property, mud washes onto their property, tree branches have been washed onto their property and at times you didn't dare go out on that road in a heavy rain because of all the water that has been washing onto their property. At some point and time there is a potential for litigation. Councilmember Rossbach mentioned the potential of Mr. Schreier pursuing litigation on this. He said he completely understands that. He wondered if all the homeowners pursued litigation to go after the decreased home values that are inevitable especially when many of people went to the city to find out what was planned for that particularly area prior to buying their homes. He said we were told this is what was approved, nothing had been approved yet for that area and if there was a proposal there would be public hearings before approval of anything. He isn't the only person that went to the city and was told that. Potentially the city is looking at some lawsuits that could be more expensive than Mr. Schreiers. Mr. Paul Schreier, 441 Eldridge Avenue East, Maplewood, addressed the council. He said they are going to meet the requirements of the CUP and fix the fence and the trees that are down. He said you guys sell yourself short, he doesn't know how they could do anything else after the motion was made to approve the CUP review in June 2007. He said he wasn't sure why a motion was necessary if they already had approval for one year. (City Attorney Kantrud answered that question.) Councilmember Nephew moved to approve the extension review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site or to the project plans. Secondly, to direct staff to make sure the items that have been brought up in this discussion that warrant attention from the developer such as the grade issues, the tree issues and the fence issue. The city should ensure that those concerns be taken care of by the beginning of July 2008. This CUP should be brought back six months from now to check on the status of these deficient items and to ensure the concerns have been taken care of. 28 Councilmember Rossbach offered a friendly amendment to direct staff to make sure the items that have been brought up in this discussion that warrant attention from the developer such as the grade issues, the tree issues and the fence issue. The city should ensure that those concerns be taken care of by the beginning of July 2008. This CUP should be brought back six months from now to check on the status of these deficient items and to ensure the concerns have been taken care of. Councilmember Nephew agreed with the friendly amendment. Seconded by Councilmember Rossbach. Ayes - Councilmembers Juenemann, Nephew &Rossbach Nays -Mayor Longrie, Councilmember Hjelle The motion passed. 29 Agenda Item K2 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Final Plat PROJECT: Beaver Lake Townhomes Fifth Addition LOCATION: Maryland Avenue and Sterling Circle, west of Sterling Street DATE: March 14, 2008 INTRODUCTION Richard Schreier is requesting that the city council approve the final plat for Beaver Lake Townhomes Fifth Addition. Mr. Schreier is the developer and builder for this phase of the project. This final plat will create two lots for town houses (for nine buildings) in this phase of the development. This plat will be south of Maryland Avenue and between Sterling Circle and Sterling Street. (See the maps on pages four -eight.) BAC KG RO U N D On May 28, 2002, the city council made several approvals for the Beaver Lake Town Houses. These included: A conditional use permit (CUP) for a planned unit development (PUD) fora 148-unit housing development. The applicant requested the CUP because Section 36-566(a) of the city code (shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland district of Beaver Lake and will have a mix of housing with 40 single-family detached twnhomes and 108 rental units in 11 8-unit and 5 4-unit buildings. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements would normally allow. (See the approved site plan on page eight.) 2. Street right-of-way and easement vacations. These were for the unused street right-of-ways and easements on the site. 3. A preliminary plat to create the lots in the development. 4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. (See the city council minutes starting on page nine.) On August 26, 2002, the city council awarded the contract for the construction of the Beaver Lake sanitary sewer improvement project to Barbarosoa and Sons, Inc. They completed this sewer project in December 2002. On November 13, 2002, the city council approved the first final plat for the Beaver Lake Town Houses. This plat created six lots for detached town houses along Maryland Avenue, several outlots for future phases of the development and the park area along the creek in the center of the site. On March 31, 2003, the city council approved the second final plat for the Beaver Lake Town homes. This plat created 16 lots for detached town houses in the area west of Sterling Street and south of the creek corridor. On June 9, 2003, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On September 8, 2003, the city council approved the Beaver Lake Townhomes Third Addition final plat. This plat created 18 lots for detached town houses in the area west of the creek (along Beaver Creek Parkway) and east of Lakewood Drive. On June 28, 2004, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On June 13, 2005, the city council reviewed this permit and agreed to review it again in one year. On June 26, 2006, the city council reviewed this permit and agreed to review it again in one year. On June 11, 2007, the city council reviewed this permit and agreed to review it again in one year. On October 8, 2007, the contractor for the first of the eight-unit apartment-style buildings applied to the city for a building permit. This permit is for one of the buildings that will be east of Lakewood Drive and west of Beaver Creek Parkway. (The city has not yet issued this building permit, as the developer and contractor have not met all the conditions of approval for this phase of the development, including getting final plat approval from the city council.) On November 26 and December 10, 2007, the city council heard testimony during visitor's presentations from several residents within the Beaver Lake Townhome development. These residents expressed concerns about the status of the project and about the future phases of the development. On January 14, 2008, the city council reviewed the conditional use permit for the Beaver Lake Town Houses and agreed to review it again by July 2008. (See the enclosed city council minutes.) DISCUSSION The developer is progressing with the construction of this phase of the development. The contractor has completed some of the site grading and has installed the pond and some of the utilities. The city is holding escrow for the unfinished project work, including fencing and landscaping. In addition, the city engineering staff has a signed agreement with the developer to ensure that they will complete all required site work. The developer has finished all the conditions required by the city council for final plat approval. RECOMMENDATION Approve the final plat for the Beaver Lake Townhomes Fifth Addition. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. p:sec25/beaver lake th 5th final plat Attachments: 1. Location Map 2. Address Map 3. Aerial Photo 4. Proposed Final Plat 5. Approved Site Plan dated March 12, 2002 6. May 28, 2002 City Council Minutes 7. January 14, 2008 City Council Minutes 8. 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CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2. 9:33 Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue) A. Conditional Use Permit for a Planned Unit Development (PUD) B. Street Right-0f--Way and Easement Vacations C. Preliminary Plat a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. Councilmember Collins moved to extend the meeting until all agenda items are addressed. Seconded by Councilmember Juenemann Ayes-All d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Laurence Olson, LSJ Engineering, Representing the Developer of Beaver Lake Townhomes Mark Dorling, 1115 Sterling Street North, Maplewood Kay Peterson, 1085 Mary Street, Maplewood Margaret Lutfey, 1076 Mary Street, Maplewood Bob Zick, 1880 E. Shore Drive, Maplewood City Council Meeting OS-28-02 9 Kevin Berglund, 1929 Kingston Avenue, Maplewood Joan Dorling, 1115 Sterling Street North, Maplewood Will Rossbach, 1386 E. County Road C, Maplewood Kay Peterson, Second Appearance Mark Dorling, Second Appearance Bob Zick, Second Appearance Kevin Berglund, Second Appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive: RESOLUTION 02-OS-098 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for a conditional use permit (CUP) for the Beaver Lake Townhomes residential planned unit development (PUD). WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (PINS 25-29-22-21-0010 and 25-29-22-21- 0011.1 WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. The council tabled action on the development request until May 14, 2001. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 2 City Council Meeting OS-28-02 10 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: (1) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. (2) The required trails and sidewalks. (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (4) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26-34. 3 City Council Meeting OS-28-02 11 (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) main as it is now. The Parks and Recreation Director shall approve the land or the area(s) for dedication to the city. The city shall use the Greenways grant from the DNR, while matching the state dollars with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3.* Have the city engineer approve final construction and engineering plans. These plans shall: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and parking lot plans. b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: (1) Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City-required trails are allowed in the buffer and park dedication areas. c. Include a storm water management plan for the proposal. d. Include a coordinated plan with the public works department for the design and 4 City Council Meeting OS-28-02 12 installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. £ Install asix-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The developer's engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. g. Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: (1) From Private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of grading necessary to install the trails. b. Restore all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. 5 City Council Meeting OS-28-02 13 6.* The developer shall give the city wetland easements over the wetlands and the stream. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank. These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and the stream or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream habitat from encroachment. 2. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be: a. Front-yard setback (from a private driveway): minimum - 20 feet, maximum - 35 feet b. Front-yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear-yard setback: none d. Side-yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings 8. This approval does not include the design approval for the townhomes or for the apartments. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities. d. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. 6 City Council Meeting OS-28-02 14 (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 10. The developer paying the city $94,000 in Park Availability Charges (PAC fees) for this development. 11. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to adopt the following resolution a~provin~ a street right- of-way and easement vacations for the Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue): RESOLUTION 02-OS-099 STREET RIGHT-OF-WAY VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following described street right-of--ways: That part of the Sterling Street right-of--way as a roadway easement according to the document filed with Ramsey County lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition. 2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition lying between the east right-of--way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended south. All in Section 25, Township 29, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: On April 15, 2002, the planning commission recommended that the city council approve these street vacations. 7 City Council Meeting OS-28-02 15 2. On May 28, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. Lot 5, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0010) 2. Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) The North 161.83 feet of the West 1/4 of the SE 1/4 of the NW 1/4 (subject to roads) of Section 25, Township 29, Range 22 (1070 Lakewood Drive North) (PIN 25-29-22-24-0072) 4. Except the North 290.66 feet of the West 1/2 North 677.06 feet of the West 1/2 of the SE 1/4 of the NW 1/4 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25-29-22-24- 0073) All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described vacation since it is in the public interest based on the following reasons: 2. The adjacent properties have adequate street access. 3. These right-of--ways are not needed for the public purpose of street construction. 4. The developer will be building private streets and driveways in the project. RESOLUTION 02-OS-100 EASEMENT VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following-described easements: That part of the following sanitary sewer easement according to document number 1504484 lying within Lots 7 and 8, Block 2, Beaver Lake Addition, described as follows: Beginning on the West line of the Northeast quarter of the Northwest quarter of Section 25, Township 29, Range 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of Northwest quarter; thence East 153 feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 172.9 feet; thence South 1 degree 38 minutes 30 seconds West a distance of 80 feet; thence South 88 degrees 21 minutes, 30 seconds East a distance of 170.25 feet more or less to a point on the West line of the 50 foot sewer easement hereinafter 8 City Council Meeting OS-28-02 16 described, all of the foregoing being over Lot 8, Block 1 and Lots 7 and 8, Block 2, Beaver Lake Addition. All lying south of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting property: Lot 8, Block 1, Beaver Lake Addition and Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- describedvacations for the following reasons: It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street or utilities in these locations. 3. The adjacent properties have access to public streets and utilities. Seconded by Councilmember Collins Ayes-All Councilmember Koppen moved to adopt the preliminaryplat for Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive. 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: 9 City Council Meeting OS-28-02 17 Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in at least 15 locations -primarily at street and driveway intersections and street or driveway curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost oftraffic-control, street identification and no parking signs. e. Provide all required and necessary easements. £ Cap, seal and abandon any wells that maybe on the site, subject to Minnesota rules and guidelines. g. Complete and replace as necessary all curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks, complete the following: (1) Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. All trails between lots shall be in a publicly-owned pedestrian way or outlot. (2) The developer also shall build asix-foot-wide sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. (3) The developer shall install atwo-rail split-rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. (4) The developer shall build the trails, sidewalks and fencing with the driveways and streets before the city approves a final plat. (5) The city engineer must approve these plans. 10 City Council Meeting OS-28-02 18 Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, 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 signs before the city issues building permits in this plat. j. Install survey monuments along the wetland boundaries. k. Install survey monuments and signs along the edges of the area labeled "Park Dedication." These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. b. Install signs where the driveways for the apartments and for the town houses intersect the public streets indicating that they are private driveways. 2. * Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (3) Contour information for all the land that the construction will disturb. (4) Building pads that reduce the grading on site where the developer can save large trees. (5) The street, driveway and trail grades as allowed by the city engineer. (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. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. 11 City Council Meeting OS-28-02 19 (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (2) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (3) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (4) Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (5) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil-stabilization blankets. (ll) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. c. * The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. 12 City Council Meeting OS-28-02 20 (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 ^) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c)along the trails (d) along the east side of Lakewood Drive to screen the proposed buildings from Beaver Lake (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility plans shall show: (1) An eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. The parks and recreation director shall approve their locations and design. (2) The public streets and driveways shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (3) All the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. 13 City Council Meeting OS-28-02 21 (4) The removal of the unused driveways and driveway aprons and the completion of the curb and gutter on Sterling Street and on Maryland Avenue and the restoration and sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (6) 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 area. (7) The plan and profiles of the proposed utilities. (8) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. (9) A coordinated sewer realignment and reconstruction plan. The city engineer must approve the sanitary sewer realignment plans. (10) Asix-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. e. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Show the wetland boundaries on the final plat as approved by the watershed district. c. Show the park dedication boundary and area on the final plat. d. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street right-of--ways. e. Show street names for the driveways as follows: (1) Private Driveway A in the west one-half of the site shall be called "Beaver Creek Parkway." (2) Private Driveway B in the west one-half of the site shall be called "Beaver Creek Lane." (3) Private Driveway D in the east one-half of the site shall be called "Sterling Circle." 14 City Council Meeting 0~~-02 (4) Private Driveway E in the east one-half of the site shall be called "Sterling Lane." f. Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline. (code requirement) h. Label the common areas as outlots. B. Show the trails in publicly owned property or easements. j. Show the area between buildings 8 and 9 and buildings 21 and 22 as separate outlots and dedicate each of these to the city. 5. Secure and provide all required easements for the development. These shall include: C. Any off-site drainage and utility easements. D. Wetland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading or dumping within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the stream and wetlands from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. Any easements the city needs for the realignment of the sanitary sewer through the site. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This sewer project also will require an assessment agreement between the developer and the city to compensate the city for the benefit that the developer receives from the city sewer construction. 7. Record the following with the final plat: 15 City Council Meeting 0~~8-02 a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 1 through 3, Lots 19 through 24 and buildings 41 and 42 of the proposed preliminary plan the city received on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. d. A deed dedicating a stream buffer easement (50 feet from the top of each stream bank) for the stream that crosses the site. e. Deeds for the stream and wetland buffer easements surrounding the stream and the wetlands. £ A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. E. A deed that transfers the ownership of the park dedication area to Maplewood. F. Deeds that transfer the ownership of the outlots between buildings 8 and 9 and buildings 21 and 22 to the city. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 8. Submit the homeowners' association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structures. 9. Show the wetland boundaries on the plat as approved by the Watershed District A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat If needed, the developer shall change the plat to meet wetland regulations. 10. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 11. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. 16 City Council Meeting 0~~8-02 Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Koppen, Wasiluk Nays-Councilmember Juenemann Councilmember Koppen moved to adopt the following resolution approving the on street parking standards for the Beaver Lake Townhome development: RESOLUTION 02-OS-101 NO PARHING RESOLUTION WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake Townhomes. WHEREAS, the developer wants to have reduced street right-of--way widths, reduced street pavement widths and reduced private driveway widths in this development. WHEREAS, the city has approved reduced street right-of--way widths, reduced street pavement widths and reduced driveway widths in the development, subject to on-street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits parking on one side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhome PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25-29-22. Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Wasiluk, Koppen Nays-Councilmember Juenemann Councilmember Koppen moved to authorize city staff to spend up to $400,000 of the open space funds for the 8.9 acres which would include the $150,00 matchinggrant form the DNR Greenwa~ rg am. Staff was also directed to make the developer aware that the city would like to see his participation in the open space pro rg am. Seconded by Councilmember Collins City Council Meeting 0~~-02 Ayes-All 17 Attachment 7 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, January 14, 2008 Council Chambers, City Hall Meeting No. 1-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present J. UNFINISHED BUSINESS Conditional Use Permit Review -Beaver Lake Town Houses -Lakewood Drive and Maryland Avenue. a. Planner, Ken Roberts presented the report. b. Public Works Director, Chuck Ahl, answered questions of the council. c. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood, addressed the council. d. Paul Schreier, 441 Eldridge Avenue East, Maplewood, addressed the council. Mr. Schriener said the CUP required a tree plan for this project before any building permits were to be issued. He said nobody at the city could show him the tree plan. (The planning department did find the tree plan in the project file) He said the CUP specifically says the outflow from stormwater from this project will not exceed preconstruction levels. In the engineering report (that hasn't been mentioned yet tonight) he said he would bet it will show an increase of outflow with the portion that is already built. That means already there is a violation of the CUP. You cannot tear out the street or the houses but you can do damage control. This is a violation of the CUP especially in a shoreline area. If you look at the plan from Beaver Creek Parkway to Lakewood Drive you are talking about making an area 100% impervious. Almost every square foot of land is going to be covered by asphalt, concrete or houses. There is no green area left. He heard a comment tonight about the crosswalk that he brought up to the council in November. He said he appreciates the crosswalk at Maryland and Lakewood Drive, the problem is from his addition there is no access from the corner without walking on Lakewood Drive so it is a moot point, the crosswalk serves no purpose. The bus stop is only accessible from walking on Lakewood Drive. Looking back at previous meetings from the planning commission November 15, 2000, he brought up a lack of parking spaces and many of the parking spaces were set at 19 feet long. The planning commission was smart enough to realize 19 feet long was ridiculous and the commission made comments that those parking places need to be increased to at least somewhere between 21 to 25 feet which is more 26 realistic, especially for parallel parking places. People aren't going to park bumper to bumper therefore; you already reduce the parking places below an adequate level. As far as the roofline goes, he said he understands the code about measuring from the midpoint of the roof. The problem is when this building is 40 feet in front of his house and he looks out his window and front door, the midpoint of the roof means nothing regarding the impact this will have on his house. The sky, the sun and the tree are blocked out at the level of the peak of the roof. Mr. Schriener said there are a lot of comments regarding the multi-phases of the project. Nowhere in the CUP was anything brought before the planning commission or the council regarding this being amulti-phased project. It was proposed as a single project and it was interpreted by some to take place all at once, which it didn't. He said these two and three bedroom apartments without the anticipation of children living here. Mr. Schriener said because this project has already paved over, built, 100% concrete, there is absolutely no accommodation whatsoever for any play area for children that this neighborhood would attract. We are living in a dream world. He asked if people expect the kids to play in the streets? It defies common sense. Mr. Schriener said Beaver Lake is designated as a class 5 lake. In other words, its a natural environmental water way as such, it needs to receive, its required to receive, the highest level of protection. Mr. Schriener said that goes with the Maplewood City Code 44-1242, it says that anything built in an area such as this requires 80% screening from 80% of the shoreline of the lake and in addition, anything in this protected area can have no more than 30% impervious coverage. When he looks at this area he sees almost 100% impervious coverage. Even if you take into account the entire park area, if you look at the buildings, the land usage and add in the use of the homes, he doubts it meets the 30% impervious coverage rule. That's an issue for him because that is one of the city codes. City Code 44-50 (this code is unknown to the planning department) says a planned unit development of multi-units requires a 400 foot minimum setback from the lake. There is no way there is 400 feet of setback here. If you look at City Code 44-75 (this code is unknown to the planning department) there are several violations with this CUP. Mr. Schriener said the developer, Mr. Dick Schreier has a long history coming before the city council and asking for CUP's. He has a long history of not meeting the terms and conditions of those CUP's and permits as is the example of the missing fencing. There also was an issue with the US Bank building he built and the curbing. He said if he dug further he was sure he would find plenty more violations. For example, if the neighbor borrows $200 and doesn't pay it back and a few months later he comes back asking for another $200 and the city gives it to him. Nobody has been enforcing Mr. Schreier's conditions to make sure he complies with the conditions. Nobody at the city is watching. Just looking at the overflow alone this matter should go back before the planning commission because this report shows this is not in compliance with the CUP. Mr. Schriener said the engineering reports are contradicting from what he was told this morning from the engineering department. They said there is an increase in the outflow. This is a direct violation of the CUP. You try to whitewash this with the 100 year rain event. The CUP doesn't say it can be variable. The CUP clearly states no increase in outflow. The engineering report will document an increase in outflow. He said frankly it has to be. If you looked at the high and low points and where the water flows, there is definitely outflow. The other thing he questioned the engineering report on is the engineers were convinced the water and the outflow ran south on Lakewood Drive. The reality is the outflow flows north towards Maryland and that is the point the road floods out. The city engineering dept wasn't aware of this until 9:00 this morning so he has serious questions with the engineering reports. The engineers didn't even know the direction the water flows. 27 Mr. Schriener said he remembered a comment from a planning commission meeting and referred to the city bringing up CUP reviews on an annual basis. The reason the city does the CUP is to make sure the is are dotted and the is are crossed and everything is enforced. Evidently that city review process works so well there is going to be a battle between Mr. Schreier and the City of Maplewood regarding who is going to put the fence in. It works so well the city issued 44 building permits without the tree plan. The system is broke, it doesn't work. The outflow is going to increase radically with this new building. How do people get to the crosswalk, and to the bus stop? Where are the children going to play? Where are these people going to park their cars unless you plan to allow cars to be parked on one side of Lakewood Drive? He said he had a couple of engineers review the project plans. Those who reviewed the plans had real interesting comments. They said this was one of the worst planned developments they had ever seen in their lives. Quite frankly the city is seeing the effect of that already. Unless the city starts damage control everyone is going to be dealing with a lot more and potential cost to the tax payers as this goes on. Mr. Schriener said in the CUP it relates to signage to keep kids and people out of the park area because it is a wildlife habitat protected area and people are not supposed to be in that park area except on the walking paths. It's supposed to be signed appropriately which is part of the CUP but it isn't signed appropriately. That area is a low land wetland and animal habitat and is not designed for kids to be playing in. He showed an area on the map where all the runoff goes onto the private property of Rosewood Estates and onto their private drive. In heavy rains, it floods out their driveways and causes washouts. He sees potential liability for the Beaver Lake Development and for the association because we are sending the water runoff onto someone else's private property. Mr. Schriener said first the drainage crosses their property, mud washes onto their property, tree branches have been washed onto their property and at times you didn't dare go out on that road in a heavy rain because of all the water that has been washing onto their property. At some point and time there is a potential for litigation. Councilmember Rossbach mentioned the potential of Mr. Schreier pursuing litigation on this. He said he completely understands that. He wondered if all the homeowners pursued litigation to go after the decreased home values that are inevitable especially when many of people went to the city to find out what was planned for that particularly area prior to buying their homes. He said we were told this is what was approved, nothing had been approved yet for that area and if there was a proposal there would be public hearings before approval of anything. He isn't the only person that went to the city and was told that. Potentially the city is looking at some lawsuits that could be more expensive than Mr. Schreiers. Mr. Paul Schreier, 441 Eldridge Avenue East, Maplewood, addressed the council. He said they are going to meet the requirements of the CUP and fix the fence and the trees that are down. He said you guys sell yourself short, he doesn't know how they could do anything else after the motion was made to approve the CUP review in June 2007. He said he wasn't sure why a motion was necessary if they already had approval for one year. (City Attorney Kantrud answered that question.) Councilmember Nephew moved to approve the extension review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site or to the project plans. Secondly, to direct staff to make sure the items that have been brought up in this discussion that warrant attention from the developer such as the grade issues, the tree issues and the fence issue. The city should ensure that those concerns be taken care of by the beginning of July 2008. This CUP should be brought back six months from now to check on the status of these deficient items and to ensure the concerns have been taken care of. 28 Councilmember Rossbach offered a friendly amendment to direct staff to make sure the items that have been brought up in this discussion that warrant attention from the developer such as the grade issues, the tree issues and the fence issue. The city should ensure that those concerns be taken care of by the beginning of July 2008. This CUP should be brought back six months from now to check on the status of these deficient items and to ensure the concerns have been taken care of. Councilmember Nephew agreed with the friendly amendment. Seconded by Councilmember Rossbach. Ayes - Councilmembers Juenemann, Nephew &Rossbach Nays -Mayor Longrie, Councilmember Hjelle The motion passed. 29 Agenda Item K3 MEMORANDUM TO: Acting City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Land Use and Site Design Alternatives PROJECT; Legacy Village DATE: March 19, 2008 INTRODUCTION Requests Frank Janes, with the Hartford Group, master developer of Legacy Village, wishes to discuss with the city council alternative land use and design ideas for the undeveloped portions of Legacy Village. Mr. Janes is proposing changes to two sites. The first site was originally approved to be rental townhomes/executive office suites at the southwest corner of Kennard Street and County Road D. The second site is the retail area west of Ashley Furniture south of County Road D. Refer to the maps on pages 4 through 7. Rental Townhomes and Executive Offices Site The PUD (planned unit development) approved townhomes and an office building on the 14-acre site south of County Road D and west of Kennard Street. The approved townhome layout was for 91 units. The applicant is now suggesting, solely for discussion purposes and for the council's comment, two revised layouts for the undeveloped area. The first plan would consist of: • Afour-story, 113-room hotel • A three-story, 49 unit multi-family housing structure (rental or ownership not defined) • An 18-unit townhome project • A 15,500-square-foot day care facility (See the plan for this proposal on page 9.) A second alternative for the northwest corner of the site, dated March 18, 2008 (Attachment 8 on page 11), shows two, 3-story, 60-unit multiple family residential buildings instead of the hotel and the 3-story, 49 unit residential building. Mr. Janes provides additional information about this latest alternative in his a-mail dated March 18, 2008. (See Attachment 7 on page 10). Mr. Janes has stated that "given the negative state of the residential market and the inventory of existing townhomes in Legacy Village, we have some alternative uses that we believe could be developed presently and still work in the overall development." At the planning commission meeting, Mr. Janes pointed out that this site is not being proposed immediately for redesign. He is just seeking council input for some alternative ideas. The more pressing matter is the retail site that Mr. Janes explains is ready for development (with some changes). Multi-tenant Retail Site Mr. Janes has presented two alternatives for this site. One is a 17,980-square-foot retail/commercial center. The main difference with the proposed layout and the approved plan is that the building would be placed on the south side of the site near Village Trail East, not near County Road D with a reduced front setback. (See Attachment 9 on page 12.) The second alternative for this site is atwo-building design. This alternative has astand-alone 1,728-square-foot restaurant and a 10,400-square-foot retail/commercial center. (See Attachment 10 on page 13.) Mr. Janes presented his alternatives to the planning commission on February 19, 2008 for their comment and will do the same with the city council. If the city council finds these revisions favorable, he would then submit the required application materials for formal review by the city. BAC KG RO U N D July 14, 2003: The city council approved the Legacy Village PUD, comprehensive plan amendment, tax-abatement plan and preliminary plat for Legacy Village. (See the city council minutes in Attachment 11 starting on page 14.) Legacy Village Development Status Since the council approved the Legacy Village PUD, the following projects have been approved or built: • Heritage Square Townhomes (220 units) • Heritage Square 2nd Addition (81 units) • Wyngate Rental Townhomes (50 units) • Ashley Furniture • Kennard Professional Building (east half of this site still to be developed) • Maplewood Sculpture Park • Legacy Shoppes Retail (design plans approved, but no building permit pulled) • Ramsey County Library • Seniors Apartment (Regents - 116 units, approved and construction pending) DISCUSSION Retail Site/Reduced front setbacks The common element in place throughout Legacy Village (with the exception of the Ramsey County Library) is that of reduced front setbacks. These reduced front setbacks were intended to give the aesthetic, neighborhood community feel to the pedestrian-friendly, walkable nature of Legacy Village. Parking lots were conditioned by the PUD to be behind buildings and not be the prominent feature from the street view. With the Retail Site, the alternative of flipping the parking lot and building is the main change to that site plan. The second alternative, with the two buildings, finds a compromise in the building orientation as the plan show the buildings set in the center of the site and not set to the far south side of the site. This latest plan should eliminate Village Trail East becoming avehicle-delivery area for the businesses within the buildings. 2 Hotel/Multi-family/Day Care Site This site, to a large degree, puts parking between the streets and the buildings, or at least, with the 49-unit multi-family building, pulls the structure substantially back from Hazelwood Street. The latest plan with the two 60-unit buildings (dated March 18, 2008) places one of the buildings near Hazelwood Street and has surface parking between the buildings. (See the plan on page 11.) COMMITTEE ACTIONS February 19, 2008: The planning commission reviewed the applicant's proposed revisions and gave their comments. The planning commission did not like the hotel concept and some did not like the departure from the reduced-front-setback concept. This was especially true for much of the larger westerly piece west of Kennard Street. They were split on the retail site. Some found a benefit to moving the retail building away from County Road D. Some felt that atwo-building concept on the retail site would allow for containment of delivery activity to the site as opposed to the one-building concept with the building set close to the private road to the south. Such a plan would encourage the use of that road for material deliveries. SUMMARY These plans are all conceptual. Therefore, staff has not performed a full, in-depth review and has no recommendation. As stated, the purpose of this submittal it to provide the applicant with informal comments and direction from the council before they make a formal submittal for plan revisions. Staff's initial reaction to these changes is that the hotel is not compatible with the nearby multi-family housing. This is due to the use, its size, height and lighting needs (I would expect, like other hotels/motels, that all-night site lighting is necessary). The other major change is refraining from the reduced-front-setback goal of the Legacy Village PUD. Staff cannot say that this change would alter or hurt the "look and feel" of Legacy Village as a whole, but it would be a definite change from the originally-desired plan. Process After receiving comments, the applicant will have to decide what changes they want to make to the concept plans and then submit a series of applications to the city to request approval of the proposed changes. The city would have any such changes reviewed by the planning commission and the community design review board review and would require approval by the city council. p:sec 3\Legacy Townhomes & Retail Alternatives 3 08 (KR) CC Attachments: 1. Location Map 2. Original Legacy Village PUD Concept Plan 3. Master Plan Site Layout 4. Approved Townhome Development Plan (91 Units) 5. Approved Legacy Shoppes Retail Development Plan 6. Proposed "Revised Layout -Townhome/Executive Office Site" (# 1) 7. E-mail from Frank Janes dated March 18, 2008 8. Proposed Townhome Site Revision with Apartments dated March 18, 2008 (#2) 9. Proposed Retail Site Revision #1 (C1) 10. Proposed Retail Site Revision #2 (with restaurant) (C4) 11. July 14, 2003 City Council Minutes (Legacy Village PUD Conditions) 3 ~i1. 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' ~_ f~ i ___. ___- V - ~f b r ~ ' t -_..--. v _ j W! f l >l f I 40'-0' 0 ea p I GG1 ij:. ~~ 1 tl l'41. ~m Mi`CED-U_~ D>`'~I~LCr'"'M~t~l~ ~ ~ - - • .. •~~ ~+ - 51T~ Mt~ST;^RP~,~N Lr~YCJT :'~ ~ I~ ~. L~a?%iGY '/ILLl',G-~ `- M4PL~l'~CJD. MN. ~i ~ ~, ~ ~~ ry 9 Page 1 of 2 Ken Roberts Attachment 7 From: Frank .lanes [fjanes@HarkfordGrp.com] Sent: 7"uesday, March 18, 2008 5:51 PM to: Ken Roberts; Tom Ekstrand Cc: Chuck Ahl; Dave Fisher; Pat Sarver; Jack Brandt Subject: 4124 Coancii Presentation Attachmen#s: MW01-THM03-SITE-COMMON $X11 HOTEL {3).pdf; MW01-SITE 30X42 OVERALt_ 03-14-08.pdf Ken and Tom, Attached are graphics depicting an alternate site concept far the western portion of Lot 1, Block 1 in the Legacy Village development we would like to add to the discussion with the council on Monday. One shows the vvera1180 acre Legacy Village development {the subject site is in the far NW corner); the second shows aclose- up of the subject site. On these graphics we show two lots and two buildings on the site with a shared access drive. For the west lot we show a 3-story, 60 unit building that would provide housing and services specif cally for individuals with multiple sclerosis. For the east lot we propose a 3-story, 60 unit worlfforce apartment building {likely 1 and 2 BR units). Like our Wyngate townhvme project tv the east, this facility would provide additional affordable housing, but in the form of apartments. Both buildings would have underground and surface parking. We would anticipate working with anon-profit organization in the development and ownership of one or both projects. The two projects would replace approximately 73 currently approved townhome units. Remaining on the east portion of Lot 1, Block 1 would be 18 tawnhomes and the commercial site in the NE corner, which may be developed as a daycare pursuant to the plans we provided earlier for discussion. In addition to being a positive asset far Maplewood and the conununity, the 50 unit MS facility would have a lesser impact on the entire development in terms of density and traffic as none of the residents would- have cars - the only traffic would involve employees and guests. This factor, we believe, would negate the increase of units proposed. Also, this proposed design would allow us to preserve existing, mature trees and open space an the overall site while negating the impact of the very pour soils in this area. Given the negative state of the residential market and the inventory of existing townhames in Legacy Village, we believe these residential projects could be developed presently and still fit in the context of the overall development. We wish to garner input and impressions from the members of the Council on these alternatives. Following this we may submit formal applications at which time we would provide a detailed narrative explaining and justifying our requests. We look forward to discussing these matters further at the meeting Monday. Thank you. Prank A. ]apes General Counsel i~ ~ 3/19/2008 10 Attachment 8~~ 4M1~01\TNM03l5iTE1MIN~l-7HM03-51TE-GOMMON.drvq 3/13/2068 4:42:22 PM r t ~~ " i - ^ „~ r i ~ i ~ ~`~ EXISTING WETLAND - -~ ~' ~~~ ~'~~ i .- ~.~ . 1 j ~. :~, -' .~ / ~ / ~ i r li ~ ~ 144 / ~. 1a ~ ~ ~ ~ ~r ~`• ~. ~~ ~ v ~ 1 ~ ~ {MAINTAIN 1 EXISTING . ~ ~ ~'V 1~ ~ \ ~ ~ ^r./"„ I ~ ~1 ~ ~ 1~ 5!_QPES AND ~ +z\ \ 4 ~ ~,. } VEGETATION .. ~'~ ~ V` - k~a~~~ y4 yl ~ --- _ '1 '~1` ~ 1. ' \ 1 I~~y ~ ~ ~ 1 \ P !,. ~,1 (,y ;t ~ ~i ! ~ 5' 1t ttt ~~ ~.. 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F~f o~ s 3;' ~: ,.,: e o r ~ ~ ,"'~-~ ~ ~ i' L~sSAGY;VI~.Lt~E ~ ~1AF'1.~YVCc~C; i ~ ~, ,, .. ~t~F.ET ~ G~~: 3-IS ~~ 4 N 11 Q 0 0 r a N d O O (11 {K i f ~ f ~C if1 ~~ ~~ Attachment 9 .~... ~r ~' ~~ f~ d - Attachment 10 a~ ~r m rri 0 0 ~s ~'. ~'' ~' p-F -~ J J_ } V ~_ N J ~d NIINU'1'ES Attachment 11 MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 14, 2003 Council Chau~abers, Municipal Building Meeting No. 03-14 Councilmember Wasiluk moved to adopt the following resolution a~prtavin~_a condition ~ use permit for the proposed Le~acy Village an the south side of Caun Road D between Southlawn Drive and Hazelwood Street: RESOLUTION 03-07-129 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the Hanford Group, Inc, applied for a conditional use permit for a planned unit development to develop amulti-use development called Legacy Village. WHEREAS, this permit applies to the property located on the south side of County Road D between Southlawn Drive and Hazelwood Street The legal description is: Dorle Park, Lats 1-8, 14, 15, 18, 29-36, Block 2 and Except the West I O acres, the North %z of the Northeast ~/a in Section 3, Township 29, Range 22 (Subject to roads anti easements). WHEREAS, the history of this conditional use permit is as follows: On July 7, 2003 the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on July 14, 2003. City staff published a notice in the paper and sent notices to the surrounding property owners as required bylaw. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2, The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, City Counci107-14-03 14 fumes, water ar air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic an local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. S. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to these code requirements: • All construction shall fallow the site plan that the city stamped 3une ] 2, 2003. The Director of Community Development may approve minor changes. • 'The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. • The city council shall review this permit in one year. Approval is also subject to the following conditions: 1) Rental Tawnhomes and Office/Clubhouse: a. The project will be constructed according to the plans from Hartford Group dated 612103 in all details, except as specifically modified by these conditions; b. A sidewalk will be provided continuously on the north or west side of Street A between Kennard Street and Hazelwood Drive, including the segment between the office/clubhouse parking lot and townhome buildings 11 and 12; c. Sidewalk connections will be added connecting the power line trail to the curb of Street A opposite townhome buildings 6 and S; d. The sidewalks serving the fronts of iownhame buildings 13, 16, 17, 18, 19, and 20 will be extended south to connect with the power line trail; City Couuci107-i4-03 15 e. Street B and Street C serving the townhomes will be constructed in their entirety with the townhomes, regardless of the status of the multi-family and commercial parcels to the east: f. Parking spaces will be provided at the ends of the driveways at the rear of buildings 1, 2, 3 and 4; 15/16; 19120; 21122; and 25126, and sidewalks will be provided from those parking spaces connecting to the front sidewalks of each of those buildings; g. The infiltration trenches on the south sides of buildings 13114, 15116, and 19120 will be modified to accommodate a revised alignment for the power line trail, provided that reasonable grades are provided for the trail and any sidewalks connecting to it, and approval of the city engineer eonceming the size and function of the trenches; h. A 6'-wide sidewalk should be provided if at all possible on the south side of County Road D for the entire length of the project from Hazelwood Drive to Southlawn Drive, through continued discussion between the city and Hartford, focusing on exact sidewalk width, location, and right-of--way needs for turn lanes and other features of the County Road D project; i. A sidewalk will be provided on the south side of County Road D and sidewalks will be provided out to that sidewalk from the north side of buildings 1, 4, 21, 22, 23, 24, and 25, as well as to the clubhouse front entry and the clubhouse parking lot; j. The grades of the power line trail and all sidewalks will meet ADA guidelines for slope; k. Overstory trees will be planted along both sides of Street A at an average of 30'-40' on center instead of the average '10' spacing shown on the plans; 1. Overstory trees will be planted along both sides of Street B and on the west side of Street C at an average of 30'-40' on center instead of the sometimes 100' spacing shown an the plans, such additional tree islands to be coordinated with modified parking bays that might be added to this street; m. Overstory trees will be planted along both sides of Kennard Street in front of the townhomes at an average of 30'-40' on center instead of the average 50'-80' spacing shown on the plans; n. The curve in the middle of Street A opposite buildings 10 and 12 will be flattened as much as possible to limit headlights aimed into the front of the units; a. Front building setbacks (clubhouse and buildings 1, 4, 5, 14, 15, 21, 22, 23, 24, 25, and 26) to Hazelwood Drive, Kennard Street, az~d County Road D that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan, down to a minimum of 5' for the clubhouse and 15' for the townhome buildings, in order to enhance the urban character of the streets and intersections; p. Side yard building setbacks for all buildings that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan; q. Visitor parking spaces for the rental townhames will be added or modified as follows: City Caunci107-14-03 16 i. Parking spaces will be added so there is a total of at least 48 spaces on the west side of Kennard and at least 51 spaces on the east side of Kennard, such that the front door of no unit is more than 200 feet from a group of at least 5 spaces. ii. Street A will be widened to 26' curb-to-curb anti on-street parallel parking will be added along the north and west sides of the street except for within 100' of the pavement of Hazelwood Drive and Kennard Street. iii. The private drive immediately south of buildings 2 and 3 will be widened to 26' curb to-curb and on-street parallel parking will be added along the north side of the drive. iv. Parking areas will be added behind buildings 1 and 4 where the driveway abuts the ponding area, consistent with the recommendation of the city engineer on providing adequate grading and functioning of the pond. v. Parking areas will be added behind buildings 15/16, 19120, 21/22, and 25126 to meet the parking and distance criteria cited here. vi. Street B will be widened to 26' curb-to-curb and parallel parlang will be added along the north and west sides of the street, or additional angled parking will be added to meet the criteria for parking spaces cited here. r. The parking lot for the clubhouse/office building will be modified to add "proof of parking" spaces in the green area north and east of the swimming pool, for a total of 91 spaces possible in the lot. Such spaces will only be constructed if the owner believes they are needed, or if they are needed in the future to address parking problems at the building in the opinion of the community development director, who can order the spaces to be constructed. Such spaces will maintain a sidewalk connection between the swimming pool and clubhouse building in an island in the middle of the parking bays as shown on the plans; s. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 2) Retail/Commercial (Outlot A); a,. The retaillcommercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The building(s) on the retail/commercial site should be sited on the north side of the parcel within 15' of the County Road Dright-of--way with all parking to the south; c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; City Council 47-14-03 17 e. Access to the site will be off the east leg of the roundabout and another access drive off Street C between the roundabout and County Road D; and to County Road D at a shared driveway with the adjacent furniture stare site; f. All ground-mounted and roof-mounted mechanical equipment shall be screened according to ordinance; g. Overstory trees must be planted along the south side of the extension of Street B at an average of 30'-40' an center. h. Adequate separation, buffering and screening must be provided for the multi-family residential units from the front doors, parking areas, loading areas, and mechanical equipment of this commercial building; 3) The Legacy Village site as a whole: a. The applicant shall dedicate wetland-protection buffers around each wetland within this development. The width of each buffer shall be according to each wetlands classification as determined by the Ramsey-Washington Metro Watershed District. These buffers shall be dedicated to the City of Maplewood and shall be dedicated to the city prior to the issuance of the first building permit for this development. b. The applicant shall install wetland-protection buffer signs around each wetland buffer. These signs shall state "there shall be no mowing, cutting, filling or dumping beyond this point." c. T'he community design review board sha11 review the landscape plans using the criteria herein as a guide. d. The architectural plans for all buildings in Legacy Village are subject to the approval of the community design review board. e. The grading, drainage, erosion control, utility and roadway plans (public and private) are subject to the approval of the city engineer. f. The applicant shall meet thetree-replacementltree-preservation re[luirements of the Maplewood Code of Ordinances. g. The city will be strictly enforcing the 7 p.rn. to 7 a.m. no-noise requirement and strictly enforcing dust-control efforts for all phases of this development. h. The applicant shall coordinate the installation of the sidewalk along the Caunty Road D alignment with the city engineer. Seconded by CouncilmemberKoppen Ayes-Mayor Cardinal, City Couaci107-14-Q3 18 DRAFT MINUTES OF THE MAPLEINOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MfNNESOTA MONDAY, FEBRUARY 19, 2008 V. NEW BUSINESS a. Concept Pian Review-Legacy Village PUD Changes (Kennard Street and County Road D) 1. Rental Town House Site (Legacy Parkway -Kennard Street to Hazelwood) 2. Retail Site (Flandrau Street and County Road D) City planner Tom Ekstrand gave a brief presentation explaining that representatives of the Hartford Group wish to discuss with the commission alternative use and design ideas fior the undeveloped areas of Legacy Village. Mr. Ekstrand said this item has been brought before the commission #ar discussion only and staff will not need a recommendation this evening. Mr. Ekstrand introduced Frank Janes of Hartford Group. Frank Janes addressed the commission and explained that Hartford Group is looking for informal discussion with the commission regarding the possible alternative use and design fior the undeveloped area of Legacy Village. Mr. Janes explained to the commission the Hartford Group's possible commercial site development revisions. Mr. Todd Geller of Victory Capital Corporation explained that this corporation currently owns and manages about 600,000 square feet of retail, industrial and office space. Mr. Geller said Victory Capital Corporation expressed concern with the back of the building on County Road D, but did move forward with a purchase agreement. Mr. Leper explained the following design concerns with the building rear facing County Road D: 1) signage on both sides of the building, 2) delivery and loading in the front of the building, 3} security issues due to the parking lot being shielded from County Road D, 4) trash collection from the opposite side of the parking lot from the building, 5) car traffic lighting disturbance, C} existing design does not allow for adrive-through, 7) facade is designed with four fronts of glass making a restaurant or coffee shop use with a kitchen or storage in the back nearly impossible. Commissioner Desai said he does not have a problem with this design of flipping the building and feels it may be an improvement for the neighboring townhomes. Commissioner Hess said he also fieels the revised retaiVcommercial design makes sense. Mr. Janes explained that the style far the proposed building would be very similar to the approved plan. Commissioner Pearson goes#ioned how the delivery and loading is proposed for the new design. Mr. Janes explained that the new design is not perfect due to grade constraints, but the new design allows for deliveries in the area of the drive-through. Commissioner Pearson suggested that an area for the trucks to pull off ofi the roadway for deliveries should be considered. Mr. Pearson also was concerned about the poor soils in the area where the hotel would be located. Patrick Sarver, director ofi development for Hartford Group, said the current design allows two 12-foot travel lanes ant! a 6-foot parking aisle along the southern part of Village Trai! East Mr. Sarver explained that Hartford felt these areas could be used for delivery parking for short periods of time. Commissioner Boeser said that he likes the design of flipping the building, but was not in favor of parking the trucks in front ofi the townhomes. Mr. Boeser said he does not Tike the entry on Village Trail East, because that allows commercial traffic to use that road. Mr. Boeser suggested blocking off Village Trail East completely to contra! commercial traffic in the residential area and having entrances on both County Road D and Flandrau. 19 Planning Commission -2- Minutes of 02-~ 9-08 Mr. Sarver responded that in order to be sensitive to the private drives in the area, the commercial drive and Village Drive East were positioned to handle the Ashley Furniture truck trafl•ic for deliveries. Mr. Sarver said that Ashley Furni#ure has legal access to these roads. The commission discussed the traffic congestion in this area with Hartford Group`s representatives. Commissioner Trippler was concerned that the continuity of the design of the Legacy area be maintained and encouraged the developer to preserve the established design. Mr. Trippler did not feel that flipping the building would improve the truck access or parking for deliveries. Mr. Trippler agreed with Mr. Pearson that there may be poor soils in the proposed site of the four-story hotel location. Commissioner Pearson mentioned the need for recreational facilities in the residential par# of the development. Mr. Janes thanked the commission for their comments an the commercial proposal and proceeded to explain plans for the residential development. Mr. Janes explained that due to the current housing market, townhomes are no longer a viable product and therefore, the developer is instead proposing to build a rental apartment building. Mr. Janes said that the developer proposes to retain as many of the existing trees as passible. Commissioner Boeser commented that the plans for the childcare facility are a good choice for that area, but he does not think the plan for a four story hotel fits in with the surrounding area. Mr. Boeser said that with the proposed hotel and apartments buildings and parking lots, he is concerned with maintaining the existing trees an that site. Mr. Boeser questioned the developer about plans for maintaining the overall lack of the development. Mr. Janes said there is a two-acre parcel in the residential part of the project that will be dedicated to the city for development of a children's play area. Commissioner Trippler encouraged the developer to rotate the childcare facility ninety degrees to align the facility east and west an County Road D, with the parking lot located south of the facility. Staff commented that this might move the play area from behind the building and negatively locate it to the street side of the building. Mr. Trippler said he would like to see the hotel building limited to three stories and suggested the four-story hotel be revised to three stories to better the fit the style of the neighborhood. Mr. Janes thanked the commission for their comments and said that they would make revisions to the plans. 20 AGENDA REPORT Agenda Item L1 TO: City Council FROM: Charles Bethel, HR Attorney SUBJECT: Approval of 2007 - 2008 Contract between the City of Maplewood and Maplewood Confidential and Supervisory Association DATE: March 18, 2008 INTRODUCTION/SUMMARY The City Council will consider approval of the contract between the City of Maplewood and the Maplewood Confidential and Supervisory Association. The Council has reviewed the provisions of the contract as part of previous Closed Session Negotiations. A motion approving the contract and authorizing signatures is appropriate if there are no further revisions from the Council. RECOMMENDATION It is recommended that the City Council approve the 2007 - 2008 contract between the City of Maplewood and the Maplewood Confidential and Supervisory Association. Agenda Item L2 MEMORANDUM TO: Acting City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Preliminary Plat Revision and Design Review-Heritage Square 5th Addition LOCATION: County Road D Extension DATE: March 19, 2008 INTRODUCTION Project Description K. Hovnanian Homes is proposing to redesign their Heritage Square 4t" Addition housing development to incorporate a third style of town house in this project. The redesign would change the building placement of the remaining four buildings and, consequently, would require a replat of the current lot/building pad configuration. This change in layout would also result in a reduction in density. Under the current plan, the applicant can build 48 more units in the remaining four, 12-unit buildings. The proposed plan would have reduced density of 40 units within eight buildings. The buildings would range from four to six units per building. Refer to the attachments. The applicant is proposing to complete the development with townhomes that buyers have shown considerable interest with in their Heritage Square First Addition neighborhood at Legacy Village. This style of building is called the HomeTown Collection. Requests The applicant is requesting the following approvals: 1. A revised preliminary plat. 2. Site, landscaping and building design plans. BAC KG RO U N D July 12, 2004: The city council approved a land use plan change to R3M (medium density residential) for Heritage Square 4t" Addition. April 25, 2005: The city council approved the preliminary plat, afive-foot parking lot setback variance and the design plans for this project. Refer to the attached conditions. August 8, 2005: The city council approved the final plat for Heritage Square 4t" Addition, subject to the following conditions: Providing cash escrow, in the amount to be determined by the city engineer, to guarantee the dedication of the trail easements. The city will not sign the plat documents until this escrow has been paid. • Completing the trail-easement dedication before the city will issue the second building permit for this project. October 10, 2005: The city council dropped the requirement that the applicant must build the southerly trail along the Lydia Avenue alignment. In lieu of that, they required the developer provide $20,000 in a park dedication payment for future park/trail amenity improvements for the northerly trail. See the discussion below. October 16, 2006: City staff approved a design revision for the remaining buildings in this development to allow the applicant's change to one-level units. These condo-style buildings were to replace the previously-approved multi-story units on the same building footprint. At this time, only the 18-unit northerly building has been built. DISCUSSION Preliminary Plat City staff engineer, Jon Jarosch, reviewed the proposal. Mr. Jarosch listed several revisions to be made that relate to grading, drainage stormwater management, erosion control, sanitary sewer, trails and landscaping. None were serious concerns and the final details will be worked out with the city. Refer to Mr. Jarosch's report. The proposed preliminary plat revision meets city requirements as it relates to building setbacks. Trail Easements In 2005, the developer was required to dedicate trail easements and drainage/utility easements for connection to the Lake Links Regional Trail System and also required to provide a trail from their project to the single dwelling neighborhood to the west via the vacated Lydia Street alignment. At that time, the developer was required to construct these trails on their property and beyond their site to Duluth Street (the south trail) and to the existing trail under the high lines (the north trail). Prior to that original project approval, the council reconsidered the need for the southerly trail. On October 10, 2005, after considering input from Bruce Anderson, the Parks Director, the council dropped the requirement for the south trail. (Refer to the attached council minutes.) It was found that the trail would have been difficult to build due to grades and, also, neither the neighbors to the west or the applicant desired the trail. The council required that the developer pay $20,000 as a park dedication fee toward park trail corridor improvements (items such as benches, ornamentation, drinking fountain and signage) for the existing Highline Trail from Labore Road to County Road D. The council also required that the developer dedicate a trail easement on their property in the event the city decided to build the trail in the future. That south-trail easement dedication has a 10-year "sunset" provision. The city has until 2015 to build the trail if they choose. The applicant, then Town & Country Homes, has paid the required $20,000, has dedicated the southerly trail easement, has dedicated the northerly trail easement and constructed that part of the northerly trail that lies on their land. Disagreement Regarding the Requirement for the Northerly Trail Staff's opinion is that the applicant should be required to construct the northerly trail from the westerly bounds of their site to the existing trail section 300 feet to the west beneath the power lines. Staff feels that this was the council's requirement when the project was originally approved and this condition should remain unless the council sees fit to drop that condition. The applicant disagrees with staff. They feel that when the subsequent trail agreement was signed, the intent of that agreement was that they dedicate and build the section of the north trail only within the bounds of their property and not beyond on the abutting land. Staff's view is that it is not clear that that agreement waives the city council's earlier condition that the applicant must build the full trail connection, even beyond their site limits. The agreement is attached for the council's review. The planning commission disagreed with staff and felt that it was unreasonable for the city to require that the applicant build the trail beyond their site boundaries. Who Should Pay for the Trail? Another point of debate at the planning commission meeting was the question of whether the city should utilize part of the $20,000 the applicant paid to the Park Fund (as part of the 2005 agreement) to pay for the north trail. Staff's view was that this money was required to be provided "to be used by the city for constructing amenities adjacent to the portion of the North Trail constructed by Town & Country." The applicant would like to see that this money is used in the construction of the remaining off- site trail connection to the west. Any remaining balance would be sufficient to still put toward trail amenities. The planning commission agreed with the applicant's view and recommended that the city staff and applicant work toward an agreement on how to pay for the trail. The city council should consider how they would like to see this trail paid for. The options are: • Hold with the original condition to have the applicant build the full trail connection. The city would retain the $20,000 park fund payment for trail amenities. • Use the $20,000 park fund payment for the trail construction. The city's engineering staff has estimated the cost of the tail connection to be $12,000 to $15,000. The balance could be used for providing trail amenities. Neighborhood Comments and Neighborhood Meeting Staff surveyed the surrounding property owners within 500 feet for their input. Staff received two replies. One neighbor noted pros and cons and the other had no comment. Reply 1) I am opposed to reduction in guest parking spots. 2) Row housing design reduces aesthetic appearance. 3) Impact of density reduction 48 to 40 is positive for traffic in area. Robert Kranz, 1264 Highridge Court. Neiahborhood Meetina Mr. Shawn Siders, with K. Hovnanian Homes, held a neighborhood meeting to show the surrounding property owners their plans for this development. Mr. Siders gave the following overview of that meeting: At our neighborhood meeting, we had six different property owners attend. Three were from our existing community and three were from the single family community to the west. These were the residents most closely abutting our community. Overall the context of the meeting was very positive. Their primary questions were focused around the lower heights of the proposed Hometown style units and opening up views which the previous plans were going to be blocked. There were questions with respect to landscaping that we were able to address at the meeting (schedule, species, etc...) There were also questions as to the type offence that we will install on the top of the retaining wall and I think we have a solution that will satisfy the neighbors (we will propose to use a black chain link as opposed to a typical split rail). There were questions as to the trail connection that we were unable to respond to because the city does not have an easement for the installation. There were also questions regarding the installation of additional open space/site amenities. We shared with the homeowners that the already lower than approved density and lack of number of homes on this site makes it impossible to accommodate that type of request. There were questions as to pricing and at this point, we are able to provide a range, but nothing too specific because it has not been determined. Finally, there were questions as to the composition of the HOA which all were satisfied with once we explained how this conversion would work. Once again, we were able to respond to a majority of the questions and in general all were left with a positive impression of the project. Design Considerations Though the building design would change, the exterior materials are consistent with the two previous designs. These remain to be brick accent detailing, vinyl lap siding and vinyl shakes. Staff feels the buildings would be attractive and would fit in with the current building design styles in this development so far. Parking The applicant is meeting city code requirements for parking with their two garage spaces per unit. They are also providing visitor parking based on the city's ratio, which we began applying at Legacy Village, of one visitor space for each two units. Landscaping Plan The proposed plantings around the buildings would be attractive and would be compatible with the existing, completed buildings. Staff's largest concern, though, is that there be adequate screening provided along the west lot line. In general, the proposed landscaping along the west lot line is attractive. It is "thinner" than the originally-approved plan, however. There are fewer trees proposed with the new plan than were approved before. Staff feels that there should be no fewer trees provided than were originally proposed and required along the outer bounds of this housing development. Particular attention should be given to screening the driveways from the view of the homes to the west. The applicant should submit a revised landscaping plan for staff approval before getting a building permit. The plan meets tree-replacement requirements. The original site was nearly devoid of trees prior to any construction so the tree replacement needs are being met. 4 One further recommendation from the city's naturalist is that the proposed barberry bushes should be replaced with anon-invasive shrub. Fire Marshal's Comments Butch Gervais, the assistant fire chief, had the following comments in his initial review in 2005 which still apply. The applicant shall: • Install fire protection per code. • Install mini sounders in each unit to alert occupants in case fire protection is activated. • Monitor fire protection system per code. • Provide 20 foot wide emergency access road. • Install fire department lock box. • Keep all permits, inspection cards and approved plans on site. Police Considerations Lieutenant Rabbett gave the following comments: I have reviewed the proposal and have no significant public safety concerns. There appears to be no significant changes from the original proposal from a public safety perspective. Building Official's Comments Dave Fisher, the Maplewood Building Official, has the following comments: • The city will require a complete building code analysis. • Separate building permits are required for each unit. • All exiting must go to a public way. • Provide adequate fire department access to the buildings. • All buildings over 9,250 square feet must be fire sprinklered. • Apre-construction meeting with the building-inspection department is recommended. COMMITTEE ACTIONS March 11, 2008: The community design review board moved approval of the design plans. The board recommended the addition of the following conditions: • The city's engineering department should conduct an additional analysis on the increased impervious surface coverage from the original plan to the proposed plan in order to ensure and require appropriate storm water management on the site. (The city's engineering staff has done so and determined that the storm water management proposed meets city requirements.) • The city's engineering department should conduct an additional analysis on the 9 percent sloping private drives to ensure and require that slopes are not too steep in relation to the driveways and garages. (The city's engineering staff has evaluated this and has found that the proposed driveway slope meets city requirements.) • The applicant should submit revised building elevations showing that there are bay windows located on the east elevation of at least four of the eight buildings. (Staff has added this as a condition of approval.) March 18, 2008: The planning commission recommended approval of the preliminary plat. They, however, disagreed with staff's recommendation that the applicant be required to install the 300-foot-long trail connection on the abutting neighbor's property to the west. They felt that it should not be the applicant's responsibility to build beyond the boundaries of their site. They also felt that since the applicant has provided $20,000 for trail amenities, as part of the October 10, 2005 trail agreement, the city council should consider directing staff to utilize some of this money be put toward trail construction. RECOMMENDATIONS A. Approval of the preliminary plat date-stamped February 1, 2008 for the Heritage Square Stn Addition, subject to the following conditions: The applicant shall provide escrow in the amount of 150 percent of the cost of completing the pedestrian trail connection between their northerly trail and the existing power line trail to the west. This escrow shall be in a form acceptable to the city engineering department and shall be provided before the issuance of the next building permit. The applicant shall be responsible for constructing this trail, subject to the specifications of the city, before the end of construction season 2008. 2. The applicant shall comply with all requirements of the city's engineering report dated February 27, 2008. The applicant shall enter into a developer's agreement if required by the city's engineering department and shall be subject to their requirements. B. Approve the plans date-stamped February 1, 2008 for the Heritage Square 5t" Addition. The developer shall comply with the following conditions: 1. Comply with the requirements of the city engineering departments report dated February 27, 2008. The applicant shall enter into a developer's agreement if required by the city's engineering department and shall be subject to their requirements. 2. The applicant shall provide escrow in the amount of 150 percent of the cost of completing the pedestrian trail connection between their northerly trail and the existing power line trail to the west. This escrow shall be in a form acceptable to the city engineering department and shall be provided before the issuance of the next building permit. The applicant shall be responsible for building this trail, subject to the specifications of the city, by the end of construction season 2008. 3. Meet all requirements of the building official and fire marshal. 4. Obtain all required permits from the Ramsey-Washington Metro Watershed District. 5. Any retaining wall that exceeds a height of four feet must be engineered and have a building permit. Retaining walls that are four feet tall or more shall also have a protective fence of black chain link fence on top. 6. Repeat this review in two years if the city has not issued a building permit for this project. 7. The applicant shall install an inground irrigation system for all landscaped areas. 8. The landscaping plan shall be revised to provide a substitution for the barberry bushes since they are an invasive species. The landscaping plan shall also be revised for staff approval to provide no fewer trees than were originally proposed and required along the outer bounds of this housing development. Particular attention should be given to screening the driveways from the view of the homes to the west. The applicant should submit a revised landscaping plan for staff approval before getting the next building permit. 9. The applicant shall provide a lighting plan for staff approval before getting the next building permit. 10. The planning staff may approve minor changes to these plans. 11. The applicant shall submit revised building elevations showing that there are bay windows located on the east elevation of at least four of the eight buildings. REFERENCE INFORMATION SITE DESCRIPTION Site Size: 12 acres (total project area) Existing Land Use: The first three buildings of this housing development SURROUNDING LAND USES North: The northerly 18-unit building in this development South: Car dealerships West: Single dwellings East: Gulden's Roadhouse, Venberg Tire, Sparkle Auto and two proposed auto dealerships PLANNING Land Use Plan Designation: R3M Zoning: The property is zoned R-3 APPLICATION DATE/APPROVAL DEADLINE The city received the preliminary plat and design review applications on February 1, 2008. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. Council action, therefore, is required by April 1, 2008. p:sec4:Heritage Square 5th Addition Pre Plat 3 08 CC Attachments: 1. Location/Zoning Map 2. Existing Approved Heritage Square 4th Addition Development Plan 3. Proposed Building Layout Revision 4. Landscaping Plan Reductions 5. Building Elevation Reductions 6. Engineering Report by Jon Jarosch dated February 27, 2008 7. March 1, 2005 Engineering Report from Chris Cavett with Trail Requirements 8. North Trail Location Sketch Plan 9. City Council Minutes dated October 10, 2005 Regarding Trail Easement Agreement 10. Trail Easement Agreement 11. North Trail Easement 12. Plans date-stamped February 1, 2008 (separate attachment) Attachment 1 HERITAGE SQUARE 4T" ADDITIQIr1 c ~ , .~ ~ .,, EXISTING ~-~~---- 18-UNIT ~_~---- ~ TOWN HOUSE -~~~----~ BUILDING ~B 's;~ ~~ • lip ? ? y v ~ ~ ® G a ~ ~ ~ n n w 0 w E --r-- i 12-UNIT CONDO BUILDING UNDER CONSTRUCTION EXISTING 12-UNIT CONDO BUIILDING r ~~~~ ,-~J ~~~ i da j? A '~ !-~ ai3v 8 ii9p! 9! E ~ 9paa~a3 ~ .... ~ 35 ~~S d • s; i~: !~,~3 ~ ~: ~ ~~EFi ~ i3~oa~3 ~ _ E ~ is ;~~ ~ ~ i~ ~~~ F~~ ~a ~~~ ~•B- ®~H'~-a~ - - - _ - - ., a ~~ ! ~v !~. 7 ~ i•q 5F~~ a ;~+ g5~ $~3~. 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I CN °•oi ~~o N, ~~ ~~~ ~~~~ n 4 ~~© ~~ -- a ~, -~ 3 ix. --- I - ~ ~ I ~ ~I k - o m - ! ~ ~ Q } n e ~ '~ Z g a ~ ' ~~ C ~ e ~ 6 :' r @ ~ yy e 1tt R ~ i ~ •~I kx Q Q z 0 u w a a .! 6 S ti °: ~ j age, ~~ s~~~ R Q~ <~ !~'E E e z z E '" ix9° S. ~ o ~, P ~o g o ~ oj~l~ ~ ~ ~~ N ~N ~~4 ~Q=i1`~~i ~G ~~V S Lc. ~ Fi z 1~~~! ~ E m m z 0 u w N F x u Attachment 6 Page 1 of 3 Engineering Plan Review PROJECT: Heritage Square 5~` Addition PROJECT NO.OS-02 REV>~WED BY: Jon Jarosch, Civil Engineer 1 (Maplewood Engineering Department) DATE: 2-27-2008 K. Hovnanian Homes is pro~osing a revised building design and site layout for the previously approved Heritage Square 4 Addition located west of T.H.. 61. The stormwater for Heritage Square 4~' edition was to be treated via the pond to the south. The proposed Heritage Square 5~' edition has a slight increase in the amount of impervious surface over the previous site layout and therefore requires additional treatment capacity. Since rainwater gardens and other infiltration methods will not work on this site due to poor soils, the current design accounts for this increase in runoff via an underground sand-filtration system. Stormwater Management 1. Catch-basin #208 shall have a 3' sump to capture sediment prior to discharge into the pond. 2. A storm sewer maintenance agreement must be signed by the owner for the maintenance of the sump structures and the filtration trench. Gradin 1. The retaining walls proposed. for this site are over 4' in height in many locations and will require a building permit and fencing. 2. Structural design information shall be provided to ensure that the existing wall on the southerly lot is sufficient to support the proposed building layout. 3. At the southwest corner of the northerly lot there is a Swale that captures runoff and conveys it downhill into a Swale near the existing building to the south. More information is needed to ensure that the runoff in this Swale will not impact the existing building 4. The Swale mentioned in item 3 requires a permanent stabilization blanket to protect against erosion. 5. The berm around the existing catch basin near the retaining wall in the southwest corner of the southerly lot has had issues with erosion in the past. This area will need to be regraded and permanently stabilized with an erosion control mat. 6. There are opposing driveways at 9% slopes on all of the private drives. Revisions should be considered. Page 2 of 3 Erosion & Sediment Control Plan 1. Include a maintenance schedule of all erosion and sediment control devices used throughout the phases of construction (including building construction). 2. A stabilized rock construction entrance is not displayed for the northerly unit on the north lot. 3. Silt fencing shall follow contour lines to prevent an area of concentrated flow. It is currently shown to go downhill on the south end of the northerly lot. 4. Identify the quantity of materials to be imported or exported from the site (cu-yd). Landscaping The landscaping plan has been reviewed by city naturalist Virginia Gaynor as noted below. Please update seed mix to correspond to current MNDOT mixes. Instead of SB, one of the following should be used: a. #305-Woodland Edge (if the area receives at least'/z day of shade) b. #350-Native General Roadside (sunny area, at least'/z day of sun) 2. For native seedings, in addition to using certified seed, the city requires. a. Seeding shall. be done by contractor that is experienced in prairie restoration. (We strongly recommend using a contractor that specializes in native seedings.) b. Contractor must enter into a 3-year management contract for site (seeding year plus two full seasons) to ensure natives establish. c. 3-year management plan shall include mowing maintenance and weed control of species that threaten success of the restoration (ex: Canada thistle, yellow or white sweet clover, red cover, etc.) d. Native seeding may NOT be done July 15-October 15. (If irrigation is provided, seeding dates can be extended to include July 15-August 10.) e. Plans should specify type of mulch and mulch method for seeded areas. Clean straw mulch, crimped in, is fine for flat areas. Blanket is required for steep slopes. Trails 1. A trail shall be installed connecting. the trail. approximately 300 feet west of the property line with the existing trail north of the existing terrace building (near BP Pipeline and Xcel overhead lines). The developer shall be required to post a cash escrow in an amount to cover the cost of constructing said trail if the trail is not constructed prior to building permit application. Sanitary Sewer Page 3 of 3 1, The existing service stubs to the north lot shall be removed and capped closer to the mainline, as allowed by the proposed pavement removals. This is will help prevent damage to the stubs during building construction. A~en~ Submittals 1. A set of plans must be submitted to Ramsey-Washington Metro Watershed District for their review and approval. 2. A set of plans must be submitted to Saint Paul Regional Water Services for their review and approval. Miscellaneous The developer or project engineer shall submit a copy of the MPCA's construction stormwater permit (SWPPP) to the city before the city will issue a grading permit for this project. 2. The owner and project engineer shall satisfy the requirements of all permitting agencies. 3. A letter of credit shall be provided to the City prior to the issuance of a grading permit in an amount reflecting 125% of the cost of site improvements. Attachment's Engineering Plan Review PIcCi~ECT: ,ieritage Square 4`''' Addition, (T'rout Land site) REVIEWED BY: Chris Cavett, Assistant City Engineer DATE: March 1, 2005 (Updated) Town and Country Homes has proposed a multi-family town home development on 12.2 acres of the Trout Land development, which is located west of T.H. 61 and west of the ' new County Road D realignment. The site is somewhat challenging due to topography,.yet the applicant has done a good job to work with the site. In general, the proposal from an engineering standpoint is very sound. There are a number of items that shall still be addressed in a final plan submittal: REVIEW COMMENTS: Trails and Easements: 1. Construct two 8-foot-wide bituminous trails per city standards and provide the nec sse~ary easements (20-foot min. width) by separate document. The trails shall be located as to link the following locations: a. Trail 1: From the County Road D trail in front of Building 5 to the Duluth Street via the water main and trail easement directly west of Building 6. Designing the trail to meet maximum grade standards may require some switch-back design and retaining walls. b. Trai12: From the trail on County Road D near Building 2 to the end of the existing trail located approximately 300-feet west of the west property in the vicinity of the BP pipeline. Exact alignment between the west property line and the end of the existing trail has yet to be determined, as easements have yet to be finalized with the property owners. This trail will complete a vital segment of the regional trail system and will link the development to Sunset Ridge Neighborhood Pazk. All trails should meet ADA standards where feasible. Any variation from those standazds shall be noted. The city engineer shall have final approval of location, design and alignment of these trails. Grading, Drainage & Erosion Control: 2. Re-submit drainage calculations. The drainage calculations previously submitted for review are from the city's overall storm water management plan for the area and are not specific to this site. Submit drainage calculations detailed to the site and storm sewer design. Include inlet capacity and flows from the tributary drainage azeas. 3. Re-direct the storm sewer to drain to the south and into the south pond. NO storm sewer shall drain into the system in County Road D, as that system has not been desibned to take flow from ties site. The exception may be the small tri'vutary area on the north side of Building 2 that flows into the public storm line to be relocated. 25 ~~,: ~A, ~ Attachment 8 s. ,,, r. ,~_ '`~ ~ti MISSING NORTH ~ _ ' _ , Y TRAIL SECTION YET t ~, ,. EXISTING NORTH TRAIL TO BE CONSTRUCTED `~~ ~ ''~ i - ~ SECTION i- \ 1 ~ a ,; -n ST `,~ :eR' ;_ ' . '-~`~ i l~~ t~ - °-SUMMIT CT I ;'¢f I I I R ~~ ; I I I ~~ i ~ I ~ I I I I I i i I ~ ~ ~ I V i f ~~~~ J 'I , I e ~} I ~ Ott __. ~. EXISTING NORTH TRAIL ,? ;~' ;~~ 'SECTION ON THE ,~' r ' APPLICANT'S SITE ~ ~'" r -~ "~ v~ I + 1 ~ MrAM '- ! ' I i ~ F t ~+ ~ ~' f ' i .~ _y'-. I ~ 11 I ' ~ ,I 1 r ~+ + Ir J ' , "~~ ` ` ~ it ' ,~ i' I e f ~ J II r i ` T.f _ ' f ~ ' _ ; ; r i ~ + ~ ; r + ~ + ~, r . ~ i! r i i~ i 1~ i ~ it t f ~ ~ I - - - - ~ r~ li j , r r t~ _ ~ - i ~ t i - . ~ „ 1 _ ~Y ~'~'J *~r '~ F I I r 7 1 ' ; J ~~0 i ~ 7 ri ~~~ '~~ ~ ,. ; F j I ~' ~ ~ - rr :' - -. _ - __ _-- r Ij ''r~ I 1 i + i„ r, I ,, 1 ~ Z I d C ~ ! a I , 0 1 ~~ J 1, ~ r W ,~ W I I~ t ' ~ P I p I' Z I I I ~ I ti.w~r N I I ~ .. ., LI I i ~ 2 15 1 ~ ~~ , N ~ ~ '~ Q ~, - F- "" v " '~ f ~ LU I, _.,__ ,...--..~ 2 f; ~ ~: ; ` ~ " ~ L" S "":+4 r4~ ~,'4; .rte a -:_. ~.... ~ I .. f• r _~~ r~ 7 '~ 7 , i ~~~ oR'i ~~~. i I _ ,.. ,G..:.~. ~ i i ~5 Y, T.' ,~ I~ is 4 ' I ~ti p ;' i f , .._. _.__.,.. - ~,~ - ~Ya 3 J'1i` x : f': ..f.- ~r.:~r. ] ,~ ~; }; ~ . ;'~ :: ,.. _3 ~- ++ NORTH TRAI L LOCATION Attachment 9 Councilmember Koppen moved to approve the intoxicating liquor license for Cheryl Lynn yVolf for Smiley's Restaurant at 2425 Highway 61. Seconded by Councilmember Rossbach Ayes-All 5-- H~entage Square FvartPrEdttro~ly~~'l~rai~ a. City Manager Fursman presented the report. b. Parks Director Anderson presented specifics from the report. Councilmember Rossbach moved that the city not put in the trail at this time and approved the followina staff recommendations: a. Provide a park dedication fee to the city of Maplewood in the amount of $20,000 to be used for trail corridor improvements from Labore Road to County Road D. b. The trail easement would remain in place for ten years and should the trail be deemed necessary, it would be developed at the city of Maplewood's expense with the monies coming from the park development fund. c. Adopt the trail easement agreement. Seconded by Councilmember Koppen Ayes-All 6. Springside Drive Extension, City Project 03-36, Approve Resolution Authorizing Special Assessment Settlement a. City Manager Fursman presented the report. b. Public Works Director Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution for Springside Drive Extension. City Project 03-36, authorizing the Reduction of Special Assessment: RESOLUTION 05-10-153 AUTHORIZING SPECIAL ASSESSMENT SETTLEMENT BE IT RESOLVED by the City Council of the City of Maplewood as follows: WHEREAS, the City Council of Maplewood, Minnesota adopted Resolution No. 05-04-050 authorizing the levy of special assessments to benefited property for the Springside Drive Extension-West of Sterling Street, Project Number 03-36; and WHEREAS, the property owners Bradley Fedorowski and Dawn Fedorowski (hereinafter, collectively the "Fedorowskis") own property subject to the aforementioned assessments located at 2437 Springside Drive and further identified by Parcel Identification Number (PIN) 122822340072 (hereinafter "Subject Property"); and WHEREAS, the Fedorowskis objected to the assessment on the basis of no perceived benefit from or disparity thereto the Subject Property; and WHEREAS, on May 9, 2005, the City Council of Maplewood, Minnesota adopted Resolution No. 05-05- 072 denying cancellation of assessment; and WHEREAS, the Fedorowskis further objected to the assessment and expressed their intent to appeal to district court as aggrieved persons pursuant to Minnesota Statute §429.081; and Attachment 10 VERSIQPi B tSpeoo Above s,~ Idne ihrxecadtns oRke yae ahnlyl lao7os TRAIL EASEMENT AGREEIYIR~T THlS TRAIL BASB1VllaN"I' AC~KEZ11t~NT is made as of the ~ ~ ~`~day of October, 2005, by and between g. Hovnanian T&C Homes, at Ivtinnesata, L.L.C., a Minnesota limited liability company, doing business as Town 8t Country Homes {"Yawn ~ Counfiy") at~d the City of Maplewood, a Minnesota municipal corporation ("City'. . RECTTAI~S; A. Town & Country. is the owner of the real property legally described ss Lot I, HlociC 2, Trout Land, Ramsey County, Miruiesota (the "Properly"). ' B. The City recpzires that Town & Country, in connection with its development of the Property, grant the City art easement across the northerly portion of the Property for trail purposes (the "l~arth Trani") and an easement over the southerly portion of the property for trail purposes (the "Borth Trail"). As further consideration Town & Country will constrict the North Trail. C, The City is willing to waive its requirement that Town tit Country cox~tniat an additional trait across the southerly potion of the Property (the "South '\ Trail") if {a) Town & Country gets t}te City an easement for t$e South Trail for possible future construction of a trail; and (b} Town 8t Cou~y contributes funds toward ~ ~~~ k ~ the constriction of amenities adjacent to the portion of tl'~e North Trail constructed by Town & County. ~~ . IN CaNSIDERATIQl~I of the mutual covenants of the patties and other valuable consideration, the receipt and sutl'iciency of which ate hereby acknowledged, the parties agree as follows: - 1. The North Trail Easement. Town. & Country gracrts to the Clty a perpetual, non-exclusive easement for trail purposes over, aoross and upon that portion of the Town & Country Property shown on attached Fxln'bit A and legally described as follows: A 15.00 foot wide trail easement aver and across that part of Lot 2, Block 1, HERITAGE SQUARE FOURTH ADDITION, Rnmsey County, Minnesota, the center line of whiGli is described as follows: Commencing at the northwest cornea' of said Lot 1; thence on an asauined bearing South 89 degrees 57 inin~es 28 seconds East, along the north line of said Lot 2, 17.44 feet to the POINT OF BEC3~1N1~tINC1 of the center line to be described; thence South 38 degrees 4S minuted 3Z seconds East, 66.38 feet; thence southeasterly 73.21 feet along a tangential curve concave m the northeast having a radius of 100.00 #het and a central angle of 41 degrees S6 miriutes 39 seconds; thence northeasterly 48.77 feet along a compound curve having a radius of 26.00 feet and a central angle of 107 degrees 28 minutes 26 seconds; thence northeasterly 42.17 feat along a reverse curve concave to the southeast having a radius of 3fl.flfl feet and a central angle of 80 degrees 32 aninubes 25 seconds; thence North 72 degrees 21 minutes 4? seconds East, l?.fl9 feet; thence easterly 97.48 feet along a tangential carve concave to the south having a radius of 150:00 feet and a ceirnal angle of 37 degrees 14 n~hiiites OS second's; thence South 70 degrees 24 minutes 07 seconds East, 118.28 feet to the easterly line of said Lot 2 and said line there terminating. The sidelines are to be prolonged or shortened #o end at the north and easterly lines of said Lot 2. (the "North Trail Easement"). Town ~ Country Haines shall construct file North Trail wlthin the North Trail. Easement in acc~yrdanee with the development plans approved by the City. Said trail shall be open to the public and shall only be used for ingress and egress by pedestrian traffic as well as non~inotarized vehicles. in addition, Town & Country shall pay to the City within thirty (30) days hereof the sum o~'~l'wenty Thousand and no/100 Dollars ($20,OOfl) to be used by the City for constructing aiitemities adjacent to the portion of the North Trail constructed by Town & County. The City shall be rosponsible far maintaining the North Trail and its extensions. 2. The South Trail Easement. Town & Country grants to the City an easement for trail purposes over, across and upon that' pordvn of the Town 8t Country Property shown on.attached Exh__~~_ibit B and legally described as follows: A 15.44 fioot wide trail easement aver and across that part of Lots 5 and 6, Block 1, HERITAGB SQUARE FOURTH ADDITION, Ramsey County, Minnesota, the center line of which is described as follows: ~ !r a'.~ ayrter~ k,.~ P~sM ~,~ 'd 2eq 2 Conarnencing at the northeast comer of said Lot 6; thence on an assumed hearing South O1 degrees 13 minutes a3 seconds East, along the east line of said Lot 6, 20.29 feet. to a point hereinafter known as Point ~; thence North 66 degrees 53 minutes 28 seconds West, 11.50 feet to the POIldT OF B84INNIl~IC~? of the ocular Tine to be described; thence continuing northwesterly on last described course 4.65 feet; thence narthwesterly 20.17 feet along a tangeatial curve concave to the southwest having a radius of 50.00 feet and a central angle of 23 degrees. 06 nwnutes 32 seconds; thence V4~es#, 73.89 feet; thence northwesterly 12.79 feet along a tangential curve concave to the Hartbeest having a radius of 16.00 fee# and a central angle of 45 degrees 47 minutes 15 seconds; thence North 44 degrees 12 minutes 45 seconds West, 82.03 feet; thence westerly 25,59 lest along a tangential curve concave to the south having a radius of 12.00 feet and a central angle of 12,2 degrees 10 minutes 24 seconds; the, South 13 degrees 36 minutes SO seconds West, 54.84 feet; thence southwesterly 19.08 feet along a tangential curve concave to the northwest having a radius of 16,00 feet and a central angle of 68 degrees l8 minutes 58 seconds to the west line of said Lot 6 and said line there teaninating. The sidelines are to be prolonged or shortened to end at the west line of said Lot 6 and at the extent of circle having a radius of 75.00 feet, to the can#es point of said circle being described as follows:. Cormnencing said Point X; thence South 68 degrees 31 minutes 25 seconds East, 63.50 feet. (the "South Trail Easement', The South Trail Easenies~t shall terminate on the tenth, {10~ anniversary of this Agreement. (the `germination Date"} unless, prior to the Termination Date, the City, at its sole cost and expense snd upon the approval ofthe then owner of the then owner of the Property commences coz~situction of the South Trail wfthin rho South ZYail Easement. In the event the City constructs the South Trail prior the Terrnination Date, the South Trail Easement shall thereafter be deeme@ to be a perpetual, non-exclusive easexatent. The conversion of the' South Trail Easement from a temporary easemennt fo a perrnane~ easement shall be evidenced by a written agreement signed by the parties cad filed of record is the office of the Ramsey County Recorder. 3. Runnina of Benefits and Bardens. All provisions of #his instrument, inchading the benefits and burdens, shall be deemed to run with the land and arc binding upon and shall inure to the benefit of the successors, assigns and legal representatives of the parties hereto. -Nothing in this Agreemen is to be interpreted to give the public, {except #hose rights granted the public in paragraph 1 of this agreement) any governmental authority,. or any other thud party any easement upon any land or the benefit of any covenant made horoin. 4. Cans#ruction of A.greemaiit, The male of strict construction shall no# apply to the easements granted in this Agreea~nt or to the covenants set forth herein. This Agreement shall be given a reasonable interpretation so that the intention of the 3 parties to confer reasonably usable benefits and reasonably enforceable obligations is catricd out. S. General. The Reci#als shall be considered to be a substantive part of this Agreement. 1".tme shall be considered to be of the essence. This • Agreement constitutes the enrire agreement of the parkies regarding the subject matter of this Agreement. 6, ~~ndment. This Agreement shall only be amended by an Agreement signed by the City, ifs respective successors and assigns and Towu & Country, ifs respective successors and assigns. 7. Savlna Clause. If any provision of this Agreement is held invalid, the validity of the re,~nainder of the Agreement shall not be affected thereby. 8. i er Na provision contained is this Agree~xte~nt shah be deemed to have been ahrogated or waived by any reason of any faihYre to enforce the same. 9. Governlnn Lair. This Agreement has been entered inbQ in the Sfa#e of Minnesota and shall be gavemed by and construed under the laws of the State of Minneso#a. IN K-IT`NESS TO THIS AGREEMENT, the parries have tensed this Agreement to be executed as of the day and year fnst above written, subject to all of the terms and conditions herein set Earth. 4 CITY O~ MAPLEWOOD rte: ~ o,~., and ~y, lts: - STATE OF MINNESOTA ) • ss. - COUNTY OF RAMSEY ) - The foregoin ~ inst ent was acknowledged before me this ~g~` day of October, 2i?O5, by f~+_.~_~r%~c.c.,G and ~ ~ c? the _ and respectively, of the City of plewood, a I1~inr-esota manic' corpora n; on behalf of said municipal cor}~oration. rTo Public ROBI:RTA L. pARe'F . NO1PiRYP1~L1C-M1l1~SOTA MY ca~ss~ L+XPlHEB JAN.$1, 201 Q K. 1EI0'YNAI+TIA, ' MIi~iNNI,;SO'TA, L.L.C. - ay Plante, its President 5 STATEOFMYNNLSOTA ) ss. 'COUi~dTY OF~CENI~sPIN ) The foregoing instrument was acknowledged before me this ~ ,~ j,3i~,~ day of October, 2405, by Arthur PiantB, tha Presrdnrt of R. Hovnanian T&C Homes at Minnesota, L.L.C., a Minnesota limited liability company, on behalf of the lhniteci liabiiitg company. NoteryPub i~io~ Pu6IIa ~Z~` ~r~9~ ~+b Cenrweaa~ s~»r ~ a1, non a This instrument was drafted by; Fi+edrikson & Byron, P.A. {LML) 200 South Sixth Street, Suite 4400 - Minneapolis, Minnesota 55402 #313676312 5 ~3:31p / ~~ d ~r~ ~~ (3) Y~~ .. ,1 PEDESTRIAN TRAIL EASEMENT ~~~~~~~ p.4 Attachment 11 For and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, ~ ~Highpoint Ridge L.L.C., a limited liability corporation organized under~the laws of Minnesota, grantor, does hereby grant, bargain and sell, release and convey to t1~City of Maplewood a body corporate, grantee, and to its successor's and assigns, a perpetual pedestrian trail easement over, on and upon and across the land hereinafter described, all of said land lying and being in Ramsey County, Minnesota. Said land being described as follows: Lot 37, Block 3, FRATTALONE' S HIGHPOINT RIDGE, according to the recorded plat thereof, Ramsey County, Minnesota. This easement will be unlimited induration with out being re-recorded. IN WITNESS WHEREOF, the above corporation has caused this in ent to be xecuted in its corporate name by Frank M. Frattalone, President on , 2001. Highpoint Ridge L.L.C By Its STATE OF MINNESOTA COUNTY OF This instrument was acknow edged before me on Frank M. Frattalone as an officer authorized to c L.L.C, on behalf of that corporation. Not Public ary This Document was drafted by: David E. Torgersen, LS No. 17551 70 W County Road C Little Canada, MN 55117 ~, 2001, by onv terest in real estate of Highpoint Ridge r.#°' MICHELLE M. H. BOSS ~`. .: ~ . NOTARY PUu! IC-MINNESOTA . ~ ' °' My Commission Expires Jan. s1, 2CC5 `rrr.~ •r.- ~. ~~~ t Ef~TgRC~7 I~ T€~tdSEE~ H.L:uf?~r~ ~~~a~{`i (l1~ e, ~ri~i~~f i ~ T Tr~t,?~ i e~t~ ~c~~ssy O~unt~, ~;,st~ Oy Agenda Item L3 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II SUBJECT: Upper Afton Road Improvements, City Project 07-27, Resolution Accepting Preliminary Report and Ordering Public Hearing for April 14, 2008 DATE: March 14, 2008 INTRODUCTION The feasibility study for the Upper Afton Road Improvements is complete and is available in the office of the city engineer and is also attached as a supplement to the packet. The study includes information on the proposed improvements, proposed financing and probable assessments. The city council will consider accepting the feasibility study and ordering a public hearing. Background The proposed project area is illustrated on the attached project location map. The feasibility report was ordered at the November 12, 2007 regular city council meeting. This section of roadway was rebuilt in 1990. Over the years the pavement surface has deteriorated and has a pavement surface rating of 55 out of 100. The properties abutting this street were assessed for improvements made back in 1990. Understanding this staff is proposing that the total 1991 assessment amount to each property be adjusted to equivalent present dollars using the construction cost index. Each property would then be given a credit based on this calculation as is shown in the preliminary assessment roll. The residents along all affected streets were contacted via mailings and informed about the City's proposed street reconstruction. Residents with questions regarding the mailing were encouraged to call the Engineering Department. A neighborhood meeting was held January 22, 2008 at the Fire Station located at the intersection of Lower Afton Road and Londin Lane, and covered scope of work, the construction process, assessments, rainwater gardens, and the overall public improvement process. About 6 residents attended the meeting and it should be noted that all 20 properties proposing to be assessed were notified of the meeting. Budget Impact The total project budget as reported in the feasibility study is $1,091,300. The project budget detailed in the city's 2008-2012 capital improvement plan is $2,500,000. The following is a comparison in expenses between the current proposal and the CIP. The last CIP was completed in 2007. Financial Source Feasibilit y Recommendation 2008-2012 CIP Estimate Special Assessments $ 41,010 $ 467,000 Sanitary Sewer Fund $ 200,000 $ 200,000 Environmental Utility Fund $ 200,000 $ 200,000 Bonds - MSA $ 650,290 $1,633,000 TOTAL ESTIMATES $1 ,091,300 $2,500,000 RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:00 p.m., Monday, April 14t", 2008, for the Upper Afton Road Improvements, City Project 07-27. Attachments: 1. Resolution 2. Location Map 3. Preliminary Report RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted November 12th, 2007, a report has been prepared by the City consultant, SEH, with reference to the improvement of Upper Afton Road Improvements, City Project 07-27, and this report was received by the council on March 24th, 2008, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the street improvement of Upper Afton Road Improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,091,300. 2. A public hearing shall be held on such proposed improvement on the 14th day of April, 2008 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 94 1~ 68 39 LOWER -~ MAYER LN. _~~ JAMES DR. Z w z ~ ~O O J 68 ALE cRE ARK ~e guts z r w Z Z w J J REGIONPU ~ w ° ~ ~~`' o a Q UPPER AFTON RD. v~i ° ~ L` ~ 35 ~ oQ 1~ ~__ NUpSON Q PL. w `-' _~~ ' ~ Y v ~ 94 ~ ~ ° gR OINI EW pR. P~~~tle ~ ° " Creek D BA-~1"E cR PARK REGIONAL q °N P:\WORKS\AGENDA\LOCATION MAPS no scale UPPER AFTON ROAD IMPROVEMENTS MCKNIGHT TO CENTURY, C.P. 07-27 > L-_ a 120 z w U ~ ~ ~ ~ z z ~i~ 0 RAMSEY COUNTY CORRECTIONAL FACILITY Rp 39 ty RE Afton Roa Maplewood, MinnE City Project No. 07-2 SEH No. A-MAPLEOf March 14, 2008 K- . , xF .= _ .. ;lii March 14, 2008 Mr. R. Charles Ahl, PE City of Maplewood 1830 County Road B East Maplewood, MN 55109-2702 Dear Mr. Ahl: Short Elliott Hendrickson Inc. (SEH°) is Afton Road Improvements, City~'rojects RE: Upper Afton Road Improvements Feasibility Report Maplewood, Minnesota City Proj ect No. 07-27 SEH No. A-MAPLE0804.00 to submit the enclosed Feasibility Report for the Upper and estimated project costs for the roadway to provide the report and are available for Upper Afton Road Improvements Feasibility Report Maplewood, Minnesota City Project No. 07-27 SEH No. A-MAPLE0804.00 March 14, 2008 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Steven F. Heth, Date: March 13, 2008 Lic. No.: 20609 Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 Executive Summary Proposed Improvements: ^ Roadway reconstruction including 5280 LF of bituminous removal and replacement. The estimated cost for the improvements with 10% contingencies and 31.5% allowance for indirect costs are as follows: Street Im rovements: $1,091,300 (100%) Total Estimated Project Cost: $1,091,300 (100%) The improvements are proposed to be financed through a combination of assessments to the benefiting properties and City contributions. The following is a summary of the proposed financing plan: Estimated Project Cost Recovery: Bonds -M.S.A.: $650,290 (59.6%) Bonds- Special Assessments: $41,010 (3.8%) Sanitary Sewer Fund: $200,000 (183%) Environmental Utilit Fund: $200,000 (183%) Total: $1,091,300 (100%) Based upon our study, the proposed Upper Afton Road Improvement is feasible, necessary, and cost effective and will benefit the adj acent properties and the City of Maplewood. Feasibility Report A-MAPLE0804.00 City of Maplewood Table of Contents Letter of Transmittal Certification Page Title Page Executive Summary Table of Contents Page 1.0 Introduction ................................................................................................................ 1 1.1 History ................................................................................................................. 1 1.2 Resident Correspondence .................................................................................. 1 2.0 Streets ......................................................................................................................... 2 2.1 General ............................................................................................................... 2 2.2 Existing Conditions ............................................................................................. 2 3.0 Proposed Improvements ........................................................................................... 2 3.1 Street .................................................................................................................. 3 3.2 Driveway Replacement Program ........................................................................ 3 3.3 Stormwater Management .................................................................................... 3 3.4 Watermain ........................................................................................................... 4 3.5 Sanitary Sewer .................................................................................................... 4 4.0 Miscellaneous Private Utilities ................................................................................. 4 5.0 Erosion Control .......................................................................................................... 4 6.0 Wetlands ..................................................................................................................... 4 7.0 Traffic Control ............................................................................................................ 5 8.0 Project Cost ................................................................................................................ 5 9.0 Cost Recovery ............................................................................................................ 5 10.0 Project Schedule ........................................................................................................ 6 11.0 Conclusions and Recommendations ....................................................................... 7 List of Exhibits Exhibit 1 -Project Location Map Exhibit 2-3 -Proposed Street Sections Exhibit 4 -Proposed Improvements Exhibit 5 -Street Assessment Map Exhibit 6 -Proposed Assessment Roll (Preliminary) Exhibit 7 -Cost Estimate SEH is a registered trademark of Short Elliott Hendrickson Inc. Feasibility Report A-MAPLE0804.00 City of Maplewood Page i March 14, 2008 Feasibility Report Upper Afton Road Improvements Prepared for City of Maplewood 1.0 Introduction 1.1 History Upper Afton Road was constructed approximately 18 years ago. As a result of wear associated with age, diminished crown, and inadequate structural section, the street has slowly deteriorated. The deterioration of the roadway has motivated the City to improve the condition of the roadway. The existing road condition has degraded to a level where preventative measures such as seal coating or a bituminous mill and overlay would not economically benefit the life of the roadway. As a result, bituminous removal and replacement along with spot curb, sidewallc, and trail replacements would be the most economically feasible way to improve both the vehicular and pedestrian facilities of Upper Afton Road. The limits of the project are bounded on the west by McKnight Road and on the east by Century Avenue (see Exhibit 1). The project street has a length of approximately 1 mile. The average weighted PCI rating for these streets is 55 out of 100 with failures including but not limited to transverse and edge cracking, alligator and block cracking, and potholes. The road contains concrete curb and gutter, a center median located on the western side of the project, and a sidewallc along the south side of the road. In addition, there is a traffic signal located on the eastern side of the project at Century Avenue. 1.2 Resident Correspondence The feasibility report for this project was ordered at the November 12, 2007 city council meeting. Subsequently a letter was mailed out to residents in early January to provide information on the council's action and that preliminary engineering, such as soil borings and a topography survey would begin within the neighborhood. The residents were notified that city staff A-MAPLE0804.00 Page 1 would be preparing a mailer with a survey and some general information about street reconstruction. Aneighborhood meeting with residents was held Tuesday, January 22, 2008, at the Lower Afton Fire Station. This meeting covered the proposed improvements, assessment information, and resident driven issues and concerns. 2.0 Streets 2.1 General Upper Afton Road has deteriorated in condition and will present future maintenance problems for the City of Maplewood Maintenance Department. Of the infrastructure elements the City maintains (sanitary sewer, storm sewer and streets), the bulls of the maintenance activities consist of patching the roadway and filling potholes. This section of Upper Afton is considered a collector street. It provides an outlet to the west and east for local neighborhoods. 2.2 Existing Conditions Presently, the condition of the street within the scope of this proj ect has a weighted PCI rating of 55. It is the city's goal to have streets at a 70 rating. Potholes and patches are common. Longitudinal and lateral cracks are also apparent on a majority of the street. Inadequate crown allows water to pond and traverse the street section, further deteriorating the roadway. The freeze and thaw cycles that happen every spring, combined with the roadway age, and inadequate structural section are responsible for the declining roadway condition. The existing street width for the majority of the project in areas with no median is 36' with the exception of the easterly 120 LF near Century Avenue, which is 42'. The westerly end of the project where centerline medians are present, the existing street width is 18' for eastbound traffic and 26' for westbound traffic. See Exhibit 2 and Exhibit 3 for illustrations of the proposed street sections. To determine the existing pavement thickness and subgrade soil type, 6 soil borings were taken within the project area. Pavement thickness varied from 4-inches to 6-inches thick. Gravel base was found to be 12-inches to 24- inches thick. Subgrade soils varied between silty sands and poorly graded sands. The street within the proposed project area has deteriorated to the point where reactionary maintenance is no longer effective. Crack sealing, seal coating and overlaying are no longer cost effective solutions to maintain these streets. To be cost effective it is recommended that the bituminous surface be removed and replaced as part of this improvement proj est. 3.0 Proposed Improvements The proposed improvements involve roadway reconstruction. The existing bituminous surface of the road will be removed, existing sub-grade will be graded and compacted, areas of cracked or failing curb and gutter and/or sidewallc will be removed and replaced, and the road will receive a new bituminous surface. See Exhibit 4 for an illustration of the bituminous replacement areas. Feasibility Report A-MAPLE0804.00 City of Maplewood Page 2 Bituminous replacement is recommended for roads with pavement failures that are not correctable without replacing most of the existing bituminous surface. The road surface typically shows signs of a combination of factors, which preclude a mill and overlay type of repair. Rutting and slight trench settlement in combination with severe alligator, transverse and longitudinal cracking results in a pavement structure that no longer has the necessary structural strength to support an overlay without severe reflective cracking occurring shortly after the overlay. In a bituminous replacement reconstruction, the bituminous wear and base courses are removed and the aggregate base course is left intact and reshaped. Typically, a new bituminous section is constructed. Existing curb and gutter is replaced where needed. The proposed typical sections are shown in Exhibit 2 and Exhibit 3. Bituminous replacement operations will not totally eliminate cracking because of the temperature extremes common to Minnesota. Routine maintenance such as crack sealing and seal coating will still need to continue as the roads age. The benefit of bituminous replacements is that it is a cost effective and relatively inexpensive method to prevent further decay of the underlying base, thus extending the life of the street and protecting the City's and property owner's investment. In addition, repairing the roads by this method will create an improved driving surface and increase rideability. No additional right-of--way or easements are anticipated for these improvements. 3.1 Street The proposed street design will consist of 6 inches of bituminous over the top of an existing sub-grade which will be graded and compacted after the existing bituminous has been removed. The roadway cross slope in project areas where medians are absent will be increased from 2% cross slope to 2.5% cross slope to help assist in adequate roadway drainage. The proposed street section will generally consist of 12 to 24 inches of existing compacted aggregate base topped with 6-inches of new bituminous pavement. 3.2 Driveway Replacement Program The City has a Driveway Replacement Program available to all residents which allows property owners to use the city's selected street reconstruction contractor to replace existing substandard driveways. This program will be coordinated by city staff similar to past reconstruction projects. 3.3 Stormwater Management The current drainage system or Upper Afton Road between McKnight Road and Century Avenue discharges at a few different locations off the right-of- way. The drainage system consists of storm sewer and drains to swales, where it leaves the right-of--way. The current storm sewer system was built in 1990 and is in good condition. The existing system will remain in place with some minor improvements to manhole castings, rings and possible pipe repairs if needed. In all sections Feasibility Report A-MAPLE0804.00 City of Maplewood Page 3 where storm sewer will be replaced or new system installed, sump manholes will be installed at selected locations. There is one existing dry storm water pond within the project corridor. The existing pond does provide a small water quality benefit to the contributing area, but it does not help to meet the Watershed District's volume reduction requirements. The City plans to offer residents the option of individual rain water gardens to help provide additional treatment and volume reduction. The RWMWD's volume reduction requirements are applied to new impervious areas or areas where significant disturbance of the road sub-grade will occur. There are a few locations that will be feasible for rain gardens or other storm water practices. The goal is to infiltrate one inch of runoff over the impervious surface within the project limits. 3.4 Watermain This area of Maplewood is served by Saint Paul Regional Water Services. No major improvements are proposed for the existing watermain extensions. 3.5 Sanitary Sewer The sanitary sewer in this area is serviced by the City of Maplewood. No major improvements are proposed for the existing sanitary sewer system. 4.0 Miscellaneous Private Utilities Private utility companies will be notified of the proposed improvements. Utility coordination is of high priority and meetings will be held with all utility holders in the project area after the design process begins in order to identify utility conflicts and plan for utility relocation or upgrades if needed. 5.0 Erosion Control Erosion and sediment control methods will be implemented throughout the project. Silt fence, straw wattles, erosion control blanket, and other erosion protection methods will be utilized where direct runoff might occur. Inlet protection will be used to protect both the existing and new catch basins during construction. Street sweeping will occur, as needed, on all paved street surfaces throughout the project, including interesting streets. Watering of exposed soils and aggregate material would be done as adust-control measure. A RWMWD and NPDES Construction Storm Water Permit will be required for the project. A Storm Water Pollution Prevention Plan (SWPPP) will be incorporated into the plans and specifications in accordance with the NPDES Construction Storm Water Permit. 6.0 Wetlands Wetland habitat exists in various areas on both the east and west sides of Upper Afton Road. Preliminary proj ect plans for the reconstruction of Upper Afton Road do not require widening or regrading of the existing road bed, therefore impacts to wetland habitat should be avoided. If project plans change and wetland impacts are necessary, the road will be designed with appropriate sequencing considerations (i.e. avoidance, minimization, mitigation) and the City will apply for wetland permits from the appropriate Feasibility Report A-MAPLE0804.00 City of Maplewood Page 4 local, state, and federal government agencies. If there are unavoidable impacts requiring mitigation, the City would pursue mitigation within the same wetland complex and would likely combine the mitigation plan with an adj acent proj ect. 7.0 Traffic Control 8.0 Traffic from outside the area should not be greatly impacted by construction except for those vehicles using the neighborhood streets to get between McKnight Road and Century Avenue. Adequate alternate routes to convey traffic from McKnight Road to Century Avenue during construction are Lower Afton Road and Interstate 94. A construction project of this magnitude will result in some inconvenience and disruption to the neighborhood and its residents. Signage will be installed noting that streets are for local traffic only. Emergency access for vehicles will be available 24-hours a day throughout the project. During short periods of time, however, some segments of the project may not be passable while certain work is being executed. In these instances, access would be available from another direction. The street would be reopened at the end of the day. An alternate route for the fire trucks will be determined for short periods of time when access may be blocked due to construction. Residents with concrete curb work, or concrete driveway apron replacements, will not be able to use their driveways during the week the concrete is curing. During that time, Maplewood police will be notified of the arrangement in order to add patrols while residents are required to park on the side streets. Project Cost The estimated project cost is outlined below. Estimated Project Costs: $1,091,300. The estimated costs for the proposed project are outlined below. The estimated costs include 10% contingencies and 31.5% overhead, which include engineering, administrative, legal, and fiscal expenses. Exhibit 7 provides a more detailed construction and project cost estimate. Estimated Protect Cost Summary Street Improvements: Total Estimated Project Cost 9.0 Cost Recovery $1,091,300 (100%) $1,091,300 (100%) Based on the City of Maplewood's Pavement Management Policy, a portion of the project cost is assessed on an equal "unit" basis. The "unit" would be based on an average residential lot, as has been used in the past. There are 20 assessable parcels within the project area. Exhibit 5 show the properties proposed to be assessed for street. Exhibit 6 details the preliminary assessment roll. Feasibility Report A-MAPLE0804.00 City of Maplewood Page 5 The city's 1999 pavement management policy identifies certain improvement options with established assessment rates for each of those options. The 2008 assessment rates were set by the city council and the following assessment rates would apply. Residential Rates: ^ $4,070.00/unit for partial street reconstruction (existing curb & gutter). Commercial or Multi-Family Rates: ^ $81.40/Front Ft. for partial street reconstruction (existing curb & gutter). The properties abutting Upper Afton were assessed in 1990 for roadway improvements. Their assessments paid in 1991 were adjusted to an amount equivalent to 2008 dollars using the Construction Cost Index (CCI). The final unit assessment for this project was calculated by subtracting an amount equal to the 1991 assessment equivalent to 2008 dollars from the City's current 2008 assessment amount. Estimated Proiect Cost Recove Bonds -M.S.A.: $650,290 (59.6%) Bonds- Special Assessments: $41,010 (3.8%) Sanitary Sewer Fund: $200,000 (183%) Environmental Utility Fund: $200,000 (183%) Total: $1,091,300 (100%) 10.0 Project Schedule The following schedule maybe implemented, should it be determined to proceed with the project: Receive feasibility study and order public hearing :.............................. 3/24/08 Public Hearing :..................................................................................... 4/14/08 Order Improvement and authorize preparation of plans and specs:...... 4/28/08 Approve plans and specs and authorize advertisement for bids:.......... 4/28/08 Bid date :................................................................................................ 5/22/08 Assessment Hearing :.............................................................................. 6/9/08 Accept bid and award contract :.............................................................. 6/9/08 Begin construction ................................................................................ 6/16/08 Complete construction .......................................................................... 8/15/08 Assessments certified to Ramsey County ........................................... 10/30/08 Feasibility Report A-MAPLE0804.00 City of Maplewood Page 6 11.0 Conclusions and Recommendations From the results of the feasibility study and investigations, it can be concluded that: 1. The project is feasible as it relates to general engineering principles, practices and construction procedures as it has been presented in this report. 2. The project is necessary for economic and safety reasons and is cost effective when all the related costs are considered -environmental, private and public. 3. The proposed improvement is necessary to maintain the city's infrastructure. 4. The total cost estimate for the project is $1,091,300. 5. Municipal State Aid funding will contribute $650,290 to the project. 6. The total share proposed to be assessed to the benefited properties is $41,010. 7. The sanitary sewer fund will contribute $200,000 to the project. 8. Environmental utility fund will contribute $200,000 to the project. In consideration of the above conclusions, it is recommended that: 1. If the city council deems the project feasible, a public hearing should be held as soon as possible. 2. The proposed improvements should be constructed as outlined in this report. 3. The cost of the improvements will be recovered through assessments to the benefited and through City contributions. Feasibility Report A-MAPLE0804.00 City of Maplewood Page 7 List of Exhibits Exhibit 1 -Project Location Map Exhibit 2-3 -Proposed Street Sections Exhibit 4 -Proposed Improvements Exhibit 5 -Street Assessment Map Exhibit 6 -Proposed Assessment Roll (Preliminary) Exhibit 7 -Cost Estimate 0 oc ~~~~~C 4~ ,~---~ -94 ~~ ~ o _.-~ -~ ~~g ~ ~~ . v ~ ,° Q z o ~~ ~ ~[ ~-- ~ ~-94 ~ U ~J ~ ~ ~ -------~ a .O ~ p ~ ~ ~ ~ ~ n 4 W ~.p ~ pfl t't ~ bP L~ 0 C>' ~,~ p ad V ~ _ ~4 a o f~ a (~ ~ ~d~~ ~ G (a0 ~ ~~Q~ ~° ~~d c~~ ~ ~ ~o ~ 5~ a ~~ ' ~ Q ~~rQ G'° ~~a 3 ~ ~ o ~~~ ~ ~ ~ ~~ ~ ~ ~~ ~~ G~~~...~2~~c~ "ca~°n~ cNc7uc]'©or7O~7o~e~C~°g0 O ° &© o~n ^ ~ ~ o ~ caa o4 po ~ do,Q ~ q~ ~ ° a° ^ ~.~ ~}.aQ p e~p ~a. 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(STA. 21+68 TO 51+55) J TYPICAL SECTIONS FILE N 0. PHONE (651) 490-2000 UPPERMAFTON ROAD AMAPLE0804.00 EXHIBIT ~_ 3535 VADNAIS CENTER DR. MAPLEWOOD, MINNESOTA DATE: SEH ST PAUL, MN 55110 2 CITY PROJECT NO, 07-Q7 03/14/08 R/W 0' - 12' 8' 1 WALK 3• ~ 2" TYPE MV3 (MVWE35035B) BIT. WEAR COURSE 2357 BIT. TACK COAT 2" TYPE MV3 (MVNW35035B) BIT. NON-WEAR COURSE 2357 BIT. TACK COAT 2" TYPE LV3 (LVNW35030B) BIT. NON-WEAR COURSE *VARIES STA. 12+60 TO 14+60 R/W 1 ~~.~ i `3' 7 2" TYPE MV3 (MVWE35035B) BIT. WEAR COURSE 2357 BIT. TACK COAT 2" TYPE MV3 (MVNW35035B) BIT. NON-WEAR COURSE 2357 BIT. TACK COAT 2" TYPE LV3 LVNW35030B 33' 6 7' 20' 8' 14' ~ 6' 0.025'/FT. 0.025' EXIST. 8618 C&G TO REMAIN IN PLACE (TYP.) (SPOT REPAIRS & REPLACEMENT AS NECESSARY) R/W 33' 2" TYPE MV3 (MVWE35035B) BIT. WEAR COURSE 2357 BIT. TACK COAT 2" TYPE MV3 (MVNW35035B) BIT. NON-WEAR COURSE 2357 BIT. TACK COAT 2° TYPE LV3 (LVNW35030B) BIT. NON-WEAR COURSE a 0 m a N a a M TYPICAL SECTION UPPER AFTON RD. 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NO. 138-114-1D SEH NO. AMAPLE0804.00 03/12/08 CAST ESTIMATE ESTIMATED ESTIMATED ITEM NO. ITEM UNIT UNIT PRICE QUANTITY COST 1 Mobilization Is $90,000.00 1 $90,000.00 2 Remove Bituminous Drivewa & Bike Path Pavement s $3.00 500 $1,500.00 3 Remove Concrete Pavement s $fi.00 300 $1,800.00 4 Sawin Concrete Pavement Full De th If $6.OD 250 $1,500.00 5 Sava e & Install Castin each $400.00 21 $8,400.00 6 To soil Borrow CV c $20.00 204 $4,000.40 7 Laborer hour $60.00 60 $3,600.00 8 3 CY Front End Loader hour $120.00 20 $2,400.00 9 3 CY Backhoe hour $140.00 20 $2,800.00 10 Street Swee er wlPick-u Broom hour $120.00 30 $3,600.00 11 Water for Dust Control Mal $30.00 150 $4,500.00 12 A .Base GE. 6 - 100% Crushed ton $92.00 2050 $24,600.00 13 Mill Pavement Ede If $3.00 500 $1,500.00 14 Remove Bituminous Pavement P s $1.50 23012 $34,518.00 15 7 e MV 3 Wearin Course Mixture ton $52.00 2900 $150,800.00 16 T e MV 3 Non Wearin Course Mixture ton $50.00 2900 $145,000.00 17 T e LV 3 Non Wearin Course Mixture ton $50.00 2900 $145,000.00 18 T e LV 4 Wearin Course Mixture Bike Paths & Drivewa s ton $100.44 100 $10,ODD.Dfl 19 Bit. Material for Tack Coat al $2.00 2654 $5,300.00 20 Ad'ust Vaive Sox each $300.00 23 $6,900.00 21 Re air Gate Valve Box If $75.00 30 $2,250.00 22 S#orm Sewer Structure Re air If $150.00 60 $9,000.00 23 Install Castin Assembl ,Ford Cover each $100.00 5 $500.00 24 6" Concrete Pavement -Drivewa or SidewaEk s $40.00 110 $4,400.00 25 8" Concrete Pavement -Drivewa s $45.00 7D $3,150.00 26 4" Concrete Walk sf $3.50 1000 $3,500.00 27 Remove & Re lace Concrete G & G If $20.00 1000 $20,000.00 2$ Traffic Contro€ Is $15,000.00 1 $15,000.00 29 Si nin Is $5,000.00 1 $5,000.00 30 Landsca in Is $10,000,00 1 $10,000.00 31 Seedin with Erosion Control Blanket ~ Fertilizer 24-0-1D s $2.50 1200 $3,000.00 32 Pavement Messa e Leff Arrow - E o each $150.00 fi $900.00 33 Pavement Messa a Onl - E ox each $100,00 2 $200.00 34 4" Solid Line White - E o If $0.50 8504 $4,450.00 35 4" Broken Line White - E o If $0.50 800 $400.00 36 24" Sto Line White - E o If $10.00 30 $300.00 37 4" Solid Line Yellow-E ox If $0.50 2900 $1,450.00 38 12" Sin le Line Yellow - E o If $5.00 100 $500.00 39 4" Double Line YaElow - E o If $1.00 3200 $3,200.00 40 Crosswalk Markin - E o sf $6.00 1250 $7,500.00 47 Si nal Loos Is $5,000.00 1 $5,000.00 42 Sub rade Excavation c $14.00 500 $7,000.00 SUBTOTAL + 10% CONTINGENCY TOTAL ESTIMATED CONSTRUCTION COST + 31.5% INDIRECT GOSTS TOTAL ESTIMATED PROJECT COST $754,418 $ 75,442 $829,860 $261,406 $1,091,300 S:1KO1MLMaple108040014-rprt10804rptcostest.xls EXHIBIT 7 Agenda Item L4 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Civil Engineer II SUBJECT: TH 61/Frost Improvements, City Project 07-30 a. Resolution Accepting Mn/DOT Funds and Establishing Project Financing DATE: March 17, 2008 INTRODUCTION/SUMMARY The intersection of TH 61 and Frost Avenue is slated for improvements under the overall Gladstone Area Redevelopment Improvements, City Project 04-21. The council will consider establishing project financing for the intersection improvements and also consider accepting Mn/DOT funds. Background At the June 11, 2007 meeting, the council authorized preparation of plans and specifications for the LCDA Grant Improvements and TH 61/Frost Avenue Improvements. A preliminary budget was authorized at that time. This report is to establish the financing of the TH 61/Frost Improvements portion of the improvement. Staff received a letter from the Mn/DOT Cooperative Agreement Division notifying the City of the award of funding in the amount of $245,000 specifically for the improvement of the TH 61/Frost Avenue intersection. Budget Impact The council authorized the preparation of plans and specifications for the Gladstone Phase 1 improvements in the amount of $200,000 at the June 11, 2007 meeting. The improvements at TH 61/Frost are part of Phase 1. In order to track costs and funding for this specific improvement, City Project 07-30 was created. A combination of funding sources is to be used including the awarded Mn/DOT funds, County contribution, and MSA Funds. RECOMMENDATION It is recommended that the City Council approve the attached resolution that accepts Mn/DOT funds and establishes the financing of TH 61/Frost Avenue Improvements, City Project 07-30, as part of the overall Gladstone Improvements. Attachments: 1. Resolution RESOLUTION ACCEPTING MN/DOT FUNDS AND ESTABLISHING PROJECT FINANCING FOR IMPROVEMENTS AT TH 61/FROST WHEREAS, Mn/DOT has awarded funding to the City of Maplewood in the amount of $245,000 for the improvements at TH 61 and Frost Avenue, and WHEREAS, it is understood that the City shall conduct the preliminary engineering for these improvements and submit plans and specifications to Mn/DOT for review, and the project should be let by June 30, 2008 in order to receive Mn/DOT funding, and WHEREAS, it is proposed that intersection improvements at TH 61 and Frost Avenue be coordinated with Ramsey County and Mn/DOT, under City Project 07-30, as part of Phase 1 for the overall Gladstone Area Redevelopment Project, City Project 04-21. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That Mn/DOT funding in the amount of $245,000 is accepted for TH 61/ Frost Avenue Improvements. 2. That the finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $709,995 shall be established. The proposed financing plan is as follows: TH 61/ Frost Avenue -City Project 07-30 MSA -Bonds $ 406,120 57% Ramsey County $ 58,875 8% Mn/DOT $ 245,000 35% Total $ 709,995 100% Adopted this 24th day of March, 2008. Agenda Item L5 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: City Code Amendments -Procedures, Public Hearings, Applications and Initiation DATE: March 5, 2008 INTRODUCTION Request Staff is proposing that the city council amend various sections of the city code about procedures, public hearings and applications. There are several sections of the code that the city should revise to clarify the city's practices and procedures for processing conditional use permits and for design - related applications. To be consistent with the recent practices of the city, the city council needs to change the code about procedures and public hearings and about the functions of the community design review board and the planning commission for design-related matters. Reasons for this Request There are several parts of the current city code that are not consistent with the practices and procedures of the city. The council should change the code to make it consistent with the practices of the city. BAC KG RO U N D In 2007, during the city's review and discussions about prohibited signs and dynamic display signs, the city attorney noted some inconsistencies in the city code between the code language and the practices of the city. These differences were especially noticeable for the roles and responsibilities of the planning commission and the community design review board. The proposed code amendments should make the recent city practices for processing conditional use permits and design-related applications consistent with the city code. DISCUSSION As I noted above, there are several sections of the code that the city council needs to change to have them consistent with the practices of the city. I have listed each of the areas of proposed change in the proposed ordinance amendment. COMMISSION ACTION On March 4, 2008, the planning commission recommended approval of the attached code amendment ordinance. RECOMMENDATION Adopt the proposed ordinance amendments for Section 44-1096(a), Section 44-1096(b) and Section 44-1161 starting on page two. P:com_dvmt\ord\procedures Code Amend memo - 2008 Attachment: Proposed Code Amendment Ordinance Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MAPLEWOOD CITY CODE ABOUT PROCEDURES, PUBLIC HEARINGS AND APPLICATIONS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment changes Section 44-1096(a). (Additions are underlined and deletions are crossed out.): Sec. 44-1096. Procedure. (a) After an application for a conditional use permit or a conditional use permit revision has been submitted to the city, the city planning staff ~'~~^^+^.. ^{ ^^.,,.,,,,.,;+., ,~^.,^~^^.,,^.,+ shall prepare a report and recommendation and submit that report ~ to the planning commission and community design review board, as appropriate, for their consideration and recommendation. .The planning commission and community design review board shall make a recommendation + on the application, as required, within 60 days of their respective hearing or meeting when the respective group considers the application. .City staff shall forward the staff report and planning commission's and community design review board's recommendations or actions to the city council for their consideration. The city council shall only consider such applications after receiving the comments and recommendations of the planning commission. The city council will make the final decision about all conditional use permit applications or revisions. The city shall process all such applications or revisions to meet the requirements of state law 15.99, (commonly known as the 60-day rule) as may be amended by the State of Minnesota. Section 2. This amendment changes Section 44-1096(b). (Additions are underlined and deletions are crossed out.): (b) The planning commission shall hold at least one public hearing on each application for a conditional use permit. City staff T"^ ~;r^^+^r ^{ ^^.,,.,,,,.,;+., ,~^.,^~^^.,,^.,+ shall have a notice of the hearing published in the official newspaper at least ten days before the hearing. In addition, city staff also shall mail a copy of the hearing notice T"^ ~;r^^+^r ~"^" ^'~^ ^^„~^ ^ ^^+~^^ +^ "^ ~^~'^~' to each of the owners of property within 500 feet of the boundary lines of the property upon which such use has been requested. City staff shall mail the hearing notices ..,";.." .,^+;^^,. ^.-^ +^ "^ .,,.,;~^~ to the last known address of such owners at least ten days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. Section 3. This amendment changes Section 44-1161. (Additions are underlined and deletions are crossed out.): Sec. 44-1161. Initiation generally. An amendment to this chapter, including an amendment to the zoning map, may be initiated by the city council, the planning commission, the city staff or by petition of affected property owners, who are hereby defined to be the owners of the property to be rezoned. An amendment 2 not initiated by the planning commission shall be referred to the planning commission for study and for a report. The city council shall not take action on any proposed amendments to this chapter, including zoning text changes and zoning map changes, until after they receive the recommendation about such a proposal from the planning commission. The planning commission or city staff may refer design-related applications and matters (including, but not limited to, architectural design, site layout, landscaping and sign matters (including signs, off-site signs, billboards and comprehensive sign plans)) to the community design review board for their review and recommendation. SECTION 4. EFFECTIVE DATE This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council adopted this ordinance amendment on , 2008. 3 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MARCH 4, 2008 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:04 p.m. II. ROLL CALL Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Commissioner Robert Martin Commissioner Joseph Boeser Present Present Present Present Present Present -arrived at 7:07 p.m. Present Present Absent Staff Present: Ken Roberts, Planner III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the amended agenda, changing "proposed" to "proposal" in the first sentence on page two. Commissioner Desai seconded Ayes -all The motion passed. IV. APPROVAL OF MINUTES a. February 19, 2008 Commissioner Trippler moved approval of the minutes of February 19, 2008 as presented. Commissioner Pearson seconded The motion passed. V. PUBLIC HEARING Ayes -Desai, Fischer, Hess, Pearson, Trippler Abstentions -Martin, Yarwood 7:05 p.m. Code Amendments -Procedures, Public Hearings, Applications and Initiation Planner Ken Roberts presented the proposed amendments to the city code to clarify the practices and procedures. Staff proposed these changes in order to be consistent with current city practices. Commissioner Yarwood suggested the phrase "or take action" from the middle of the first paragraph of the code should be removed as it is not needed and confusing. After some discussion with the commission, staff agreed that it would be prudent to remove the phrase to avoid confusion. Mr. Yarwood also suggested that "shall" be changed to "may", deleting "all" and adding after the planning commission "or staff" in the last paragraph of Sec. 44-1161. 4 Planning Commission -2- Minutes of 03-04-08 Commissioner Hess suggested language be added to ensure all property owners adjacent to the site with special land circumstances are notified of the proceedings. Staff responded that the distance for notifying property owners was increased from 350 feet to 500 feet from the site and that adding different language that would be clear and concise would be difficult. Commissioner Trippler referred to the struck language at the end of the first paragraph on page three and saying it appeared the approval of the sign by the city council without recommendation by the planning commission violated the city code. Commissioner Desai suggested the last paragraph of Sec. 44-1161 simply state that design-related applications and matters are the purview of the community design review board. Commissioner Yarwood suggested simply changing the language to state "the planning commission or staff may refer ..." should resolve any interpretation of responsibilities. Commissioner Pearson moved to adopt the proposed ordinance amendments for Section 44-1096(a), Section 44-2096(b) and Section 44-1161, with two changes: delete "or take action" from Sec. 44- 1096(a) and adding after the planning commission "or staff may refer" and deleting "shall" and "all design-related applications" from the last paragraph of Sec. 44-1161. Commissioner Trippler seconded Ayes -Desai, Fischer, Hess, Pearson, Trippler, Yarwood Nay -Martin The motion passed. Commissioner Martin said he voted nay due to his discomfort with the language referring to the city council only make final decisions after receiving comments and recommendation of the planning commission. 5 PAGE 01/1 Agenda Ite~# L6 Tp; City Council k'~tpM: 1V~ayor ~.ongrie SUBJU+ CT: I3iring of Permamer~t City Manger for tl~e City of Maplewood D,A'TE: lvlarch l9, 2008 £or the meetif~g scheduled £or March 24, 2008 ~T'hROAUC'T~O~T: There has been ranch concern by certain members of tl~e City Council as to the pmce~s that was used ire lairi,ng the previous City Manger. To that end, these .members of the Council save expFessed their desire to have an objective, Established and cltuanti~iable selection process for the selection and hiring of a city manager for tlae City of Maplewood. The stated goal of this process is to~ cast the net £or auaoy applica~s dam whici~ to select $nd to include all council ~tnembexs in the process. This process as~d the ultimate selection of the city rnanager,is pxesnmably. based upon ~e Council's valves, goals: ~b,~ectives ar~d a secm,sitivity to the citizens o~ IVlapi~wood. Maplewood vs an Optiom~ :Plan B city under MIS Stat_ ~4I2,6I 1. See iVl'apiewoocl Ordinance (herainafte~' "Code's Code2003, §2-2; 2-3. ,Attached. ~1Z.GX ti ~OU~TC~-1~1!IA.NiAG~R Px.AN. '1,'1~ £o~ of gave~~e prorri~led. are Cptioz>al P'~an S shall be ~xxowc~ ~s the council- manager plan. 'ii'be council shall exercise the legitslative power of the city and dete~nmiae all t-natters of policy. The city manager shall be the b~Ead of tlfe adminitstrative branch o£ the governnxe~rt and shall be responsible to the caua~cil £or the proper administration of all. relating to t$~e city History: I444 c Il9 s 77; .1973 G I23 arl 2 s l :rubd Z .11~. Star ~4I.2.G:[ ~_ sets £~ tl~e dut"res a£a city rnarxager in a plan 1~ city suclu as MapiEvvood. 1VEi~ Star ~412~d4~ prv~vides. ~e Co+mcil gwi~£a~tce as. tQ the cle~al°rr~'rcati~ns~ iretl of'a~. 1 r- ~:: PAGE 02/13 individual to be selected to serve as a city :antanager for an Optional Plan B city such as Maplewood. q~l~.b41 MA,N,pGER; BASTS FOR CR4TCE; li.ESIDE~TCY; TTRM; PROS14-~ON, Subdivision X. Appointed by council. T.he city manager shall be chose by the council solely on the basis o£training, experience, and administrative qualifications and need not be a resided ofthe city at the time of appointment, Little further, in the way of guidance is provided by Cade 2003, §2~lOl which also sets fora the cluali~cations a£a city manage[ in 11/Iaplcwood. Tltb Maplewood ordinance simply xnirrars state Stat~rte, Tke one and only employee, ova which the city council. has. oversight in an Optional Plan S city, is that o£ city manager. )Further, z~nuch conversation has been had by nn~emb~rs of the council as to the xna8egnacy ofthe description of the getalif cations raquxred of a city t~aanager for Maplewood. VVxth these two concepts in mimd, the Maplewood Corn~cil can do more to provide leadership icr their d as. th esn~, n~Ylo .er of the City ananager. Zt is the prerogative of the Cv~rtcil, if they choosy to requi~rc more, than the statute or the city ordi~z~e_ I=TTowe~? it is ar~ic~ated tl legal counsel will advzse the couztcii that z~ore stringent qualification requiraments should be written, described in the job description for the position„ established ~ a policy and Fos tl~e. Mappervovd vrdEnaur,,e revised to reflect the higher aspirations set fo~h by the Council if those aspirations are required of the applicants. l€eq~nirerrre can rrot be ,eleet~ in that tl~ey~ aplrly tvr some: applic~ts but not otl~e~ss. T.he rnom~ent has come for implernazating that which has been. talked about ea~tensively ova the past f~ nton~s by many oho the C'oun~cil_ Not only is the City Council responsible £or the hirir-g of their city nr~anager, they are responsabte fnr tl~ ov+ersi~.. ?~ orderto P~I~Y' p~vide vdersigl~t ofau employee, it r~ 2 PAGE 03/13 imperative to know what the employee's dines are and what the expectations are of them so that they may achieve .success. 'VVitb. that, said, the couztcil must be clear on the duties oaf a city 4nanager of an Optional Plan B city, MN Star ~41~~.6SX CI.T`Y ~ANA,GER; PUVVE~tS ANA DUTTCS. Subdivision 1. Generally. The city manager shall have the powers and duties set forth iz~ the following subdivisions. Subd. 2. Enforcement. The city manager shall see that statutes relating to tl~e aity and the laws, ordinances anal resolutions o£the city are enforced. Subd. 3. Appninhnent of personnel. The city rnaCiager shall appoint upon the basis of merit and fitness and subject to any applicable civic service provisions and, except as herein provided, remove the clerk, all heads of depattme~ats, and all subordinate o$"icers attd employees; but the appaintntent and removal of the attorney shall be subject to the approval of the council. Subd, 4_ Control, The city manager shat! exercise control over all departments and divisions of the administration crested under. Optional Plan B or which may be created by the council_ Subd.. 5. Council meetings. The city manager shall attend all meetings aftlte council vvitJt the right to talre part in the discussions but notto vote; but the council may in its discretion exclude the city manager from any zrleetings at which the manager's removal is considered. Subd.. 6. Recommend orallnaucc:~ and rresolutaans. The city manager shall recommend to tt~e council for adoption such measures as the city manager may deem necESSary for the welfare of the people and the eff ciern adnt~istration of the affairs of the city. Subd. 7. _ Advise; :uuaal h~udge~t Thy city manager shall beep the council fully advised ~~ to~ the fitZ~al coasclitson aid seeds of the y tl the cirtjr zttanager shall prepare and submit to tlxe council the annual budget. Subd. S. ~S,dminystrntivc cods. 'fhe city .manager shall, when directed to do so by tlzc council, prepare and ~vbrr-it to the council for z~dop~iosr an adrain~istsative code xnca~~ the details of~ministrat~e procedure} and' ~m time to tinge t1~e~ city manager' shall suggest amendments to such code. Subd. 9, AddlGOnal dat7ies. 'the city manager shall pr~~ such other duties as maybe prescribed by the statutes relating to Op'a'tonal Plan B cities ox tecleEir~ed, by ordinance or resolutions aclolrted by the coureciB- History: 19A9 c 1I9 s 81; 1973 c 1z3 ar12 s 1 suhd 2,; 1986 c 44~ Once ag2sim~ Ilse l~,aplewood. ordinance mire the s~tu9e. Code 2fll~r ~2-l 4?2...A-ttachecl, 1!n order for'the Cvurtcil to be proactive and to fully exercise their managerial duty over t City 1~EanagerT try are urged. to estaGlish no>!: o~;ly~ a e~ j~ol? description bra# an objective, tluar~tifrable review pmcess based upon the job duties set by law aad established cat advance, in 3 PAGE ea/~~ ,writing by the Council. Some Coutacil'membersmcy be temp#ed to delegate the development of abetter job description and establishing a framework for performance review to outside cansuitants. However, this issue of outsourcing the Council's responsibility should be discussed by the Council fully. Such discu9siort should include a pbilosoplticat discussion of passing on one's inherent duties to someone else as your agent as well as our budgetary considerations an the present economy. It ig fully possible far the cuzrer.~t council to shoulder these tasks as a body and accompYish their mission bel;'ore them successfully given the professional backgrounds o£the council members. Available resources currently at the council's disposal includes consultation with 1VIr. Eethel, the City's labor atad employment law attorney. 1Rollowing are varsous issues to be considered and decided upon by the Council. ~~" ISSUES F4it AlGSCUSS1i4N: PROCESS 1~"QR T~ SE~.~C°I'~ON OF A,. GITX MANAl,GER Who's job is it to select, appoint and ~verfie~'the city xnanage~t in an Optional Plan B city? Establishing a. Tinrieline .Applicants -How wide a march? Local. State. National, Eternal candidates only. internal and external candidates, Need for Rk~ to provide coordination assistance to tk~e Council? Mr. Bethel . Professional recruiter P#'ofessionai screene~' , lob description development? Need Job description deadline . .Determination of eatery and benefits range Posting of position? Where lleadline to post Deadline to apply PAGE 0/13 Application posting and review coordixlation Mr, Bethel l'+rofessianal recruiter (list attached) Professional screettex Review of Applications Nurx~ber received before review process corr~mences . Review process Criteria for selection Weighted selection. First round of interviews -~ number of applicants to narrow to (•l0} Qpportunity to speak with council members andlor' staff of applicants' EnrkpXoyer Saaond round o€ irifie~iews -- rnra~ber of applicants to narrow to (3) Background investigation criteria (&orb college att~adanee to present) ~ecortd opportunity to speak with council merrrbet~ and/or staff of. applicants' ernptoyer Development of framework foX perFo~mance evaluation Criteria anti Expectations Freclurncy Form Applicants Final Review Public social with the three finalists 1~~vieW' of perforrnarxce evaluation criteria and expectations Negoti~on €r.~corrCt by C'onnacil Applicant Acceptar-ce of Position ~ . liL~~~11+~D.~I.T:t®~: Coarn~il to pass m ~soln estabxishing that, coan~encing 11~'ch 3 1, 2008, the process to recruit, select and appoint a nEw Eity manager to fire City of l~iapld shall begirt witib the Council ~oeeC~ are J,V;Qarch. ~ ~, ~f>~ to ~tablvsb a time line and establish. a process. Further, it is• reco:mmended the Council 'commit to meeting every Mozrclay tb~ea u~il the ca~rrclhrsYOrt aEtl~e process and ~ appv~i~ of ar, new ciey rr~mnager•,. Ali aspects of the process shall be televised except for those portions of any rrreetin subject to Cltapt~` ~ ~. ~l ~' 5 PAGE 06113 JOBNAME: No Job Name P.hGE: 33 SE53: 2 OT.I~'PU"l': Tue f1pr. & ]2:91:10 2G03 Agenda Item L6 Attachment 1 ~fiTSUpubaoaslmac/3n 1 z l ~_r~l~ ADMIN~STIi.A,T7:ON ~ ~'~ ,AR.'1'fCLE L ~N [~ENFRAI. Sac. 2.1. Gvarrcral ,~tututo~ pvwer~s. The city is a statutory city ar~d a. municipal corporation nr~anized and created under the lave o£the state and b,~xving the pavers sand ri~lats and bein8 subject to tlae dutieB of municipal corporations at common law 1t shad have pcrp~tual. succession; nosy sue aA,d be sued; may use a cc~xTora#~c seal.; ]GnA.y acq~iire, either withiia or without its corpoxr~te Iimits, such real and personal. property as the purposes of the city may require, by purchase, gft, devise, condemnation, lease or otherwise; a~ad may hold, menage; control, ac1l, coraucy, lease or otherwiso dispose of such property as its interests• requ~ure. The powers listed in Minn. Statfl_ cb.. ~k7.2 are not exclusivE, and other pravisiona ni` Iaw granting additional powers to cities or, to classes of cities shall apply, except where inconsietcnt r~vitb, Minn. Scats. cb., 4.12. (Cade 1.9$2, ~ 2-1.) gta~ low reference--Similar pxovisior;s, Minn. Scats. ~ 412.211. Sec. 2-2. City i~ statutory city of ~econ.d class. l?ursuant to Minn. State. ~~ 410.O1.r and X1.2.016, the city is ~. statutory city, inasuauch as it has not adopted a. home rule charter. (Code 1.952, ~ 2-2) dec. 2-3. k'orna~ o'F government. , Tl3.e city shall operate under the form of government provided in optional plax- B, Minn.. Scats. §~ ~.,12.6(fi~k:i2.751, known as the council-manager pIax~_ The council shall. exercise the legislative power of the city and determine all matters of po~acy. The city maz~agrx shall be tlxs hoed of the adxcdnisttativE branch of the ~overnrizent ,end ~1x~.11 b~ responsible to the council for the proper administration of all af'aixs relating to the eity- (Code 1982, ~ 2-3) State low reference-4imilar prnvisions, Minn. Scats. ~ d12.Giy.. Sec. 2-d. $ale ofi pxl.Claimeci property. (a) Where property sb,all lawfully come into tl~e hands of the city in the cour, sC of i~a.lrnicipal operatioma and xe7m~-in ux~rlaimed far & period. of at least G[i days, the police chief may sell such unclmiimed property at auction after giving notice of such sale at least ten. days prior to the date tlicreof in. the off oi.a]. city x~.ewsp~pex. The pxracccds from such sale shall, be deposited in t11E general fund o£ the city, evi~jcct to the right af. the fartncr owx-.ex to payment a£ thcs sale px,LCc firozn the general fund upon applieatiox~ and satisfactory proof of owx-ez•ship within sib ~n.ont'hs of the sale. ~ • (b} 'l'he city tnanage~r is iiereby'authorized to employ the scrvicGS o£a licensed auct~omeer fox the purpose oi' conducting the aa1c. (Code 1982, $ 2.~1•) StatE law reference Authoxa,za~ioia t'or abovo Aectior~,•Minn. S~a~B: g 47J,.1.9a. Cp2:5 PAGE 07113 701jNANl~:: NO Jpb Nt~sne PA.C1;: 40 SF_SS: 2 OUT`1?UT:'1'ue Apr, 8 12:31:}0 20113 /first/}~ubdocs/mccl:~lt l 2i7~fu11 ~ 2-101 MAF'.LEWOOD COl]E pIVIB:ION 2. CITX MAN.~C~ER. lee. ~.~XQ1. @us~l~catia~; xe~lde~ncy; aPPvintrr,ent; term of efface, renao~val; degi~aa- ti©n of ~ertaau to perform dutite8 duxi.ng absence ar dxaaTnility. fa) The city rr~aRager shall be chose~- by the council solely ova the basis o£ his training, expexaence and adxxtinistrative gnali~cations and need. not be a resa.dent of the city at tlzc tune of hi.s appointment. (b) 'I`hc city manager ebFdl be appointed for an indefinite period, pad he may be removed. ly the council at ax-~* time,linwever, alter. he has served a9 manager £ar one year he may de+~and w.rttea o>afrges aad a public hearing on. the cb,argee before the council priox to the date whCri leis finsl removal takeF effecL•. Pending such hcarit-g and ~cmavpl., the counc~ n-ay suspend him firom ol~ce. fc) The council may dESigio~.te a qualified person to perform tlae duties of the city` man,agar daring his absence or. disability. (Code 1982, ~ 2-41) State i€~w re~£eatence-Similar, provi.Fions, ~1+J'.inn..S1,~ts. § ~1Z2.64I, snbd. ],- Sec. 2-X02. Pawcrs and duties,genexally. 4a) The city manager shall have the pev*ers and duties set i'orth in this section. (b) The city manager alar~ll see that state stfltutes relatixag to the city and the laws, ordinances and resolutions of the'city are cAForced- (c} The city xgana.ger sla.all appoint upon the basis of moXat and• fitneea and subject to applicable equal exnployutcnt opportunYty policies in effect and subject to say applicable civil service previsions and, except as provided., remove the clerl~, all heeds o£ departments, and all. subor. dinate cccrs and, oxnployeds; but the appointment and rex~a.vval of the attorney shall be 5ubyect to the approval. of the conTicil. fd) ~,'he~ city znanagex shall exercise control over aD. departments anal divisions of the administ~atinr: cr. sated uxidor optia~;31 plan B, Nlinin-State. ~~ 412.fi01-•-412.751, or which taaay be cr, eat~d by the coua~cil, (e) ~"he city •manager shall attEnd. all.: xneetinga; of the council witlti the right to tale prtrt in the discu&sions but mot t0 vote, but Y,hc council may ~ its discretion exclude bim from any meeting~a at which his ~meval is considered. (~ T,he city zuanager s)ltall reeaxnmcnd to the cottxtcil for adoptian~ such measures as lee may d,cem necessary for the welfare of tl3e people and tlae efficient administratioxl o#,' the af.£airs of the city_ (g) Th,e city tn.t~,nager ehrsll keep t1~c couztciil fully advised as to the financial conditiozt and weeds of the city, an,d, k~E shall prepare and submit to the ct~uncil tbE annual budget, Cll2:12 __ PAGE: 06/13 70BNAME: No Sob Narnc 1'.A~E: 4l SESS: 2 OUT.1'Vl': lOrstlpubdocslmcc/3/ L 121.7_Full Apr 8 .12:31: I Q 2003 § 2-3.8E"r (b) Th.e city manager shall, when dirdcted to do so by tt~e council, prepare and Aubxt~it to the council for adoption an adrnix~istrativ~ Bodo incorporatiu~ the details of admiai.strative praced~~.re, and from l:im~e to time he sh~ll sugge~at amcndanents to such code. (i) The city rtr,anager shall 'perform ~uch gther duties as naay be prescribed, by the state statutes zela.ting to optioz~,al plan S'citic~J, Minn, Slats. ~§ 412.S4J.-412.'751, ox required o£hi.m by ordinance or resolution adopted by the council. (Code 1982, ~ ~-4~2) state lativ reference-similar prova~.ionx, Mitna.. slats. S 412.G~il_ . . .yce. 2-103. Council i;nterl.'erence Neither the council. azvr. any of its x~ac ofl"icc or employment by the city rr~ana~ prevent liim from exezcising his own ju~ in ~e admiauistrative service, but this paFaing ordinances :for establishing a. m. puzpo ae of. inquiry, tla~e ccsnncil axed its u JI service solCly through. tlac manager, anti orders to any subordinate o£ the mana.~ (Code 1.982, ~ 2-4.3) Sts~te law refe~rvnce-Similar, pro bi administrativo Rerv'iee. n.bera shall dictate the appointment o£ a~-y person L•o 'er or iz~ any manner iuterforo with tb,E manager oz lgment in the mppointment of o#~cers and ez~o.ployces shall, not be construed to prohibit the council from. rit systexra, gavcrning city a~.pl~yment. Except for the :tubers shall. deal with axed control the ad~niz~iptrative noither the council nor any ot'its m.crrxbers sb,all give :r, either. publicly or pr. iv~xtely. Minn. State. § ~~1.2,66J._ Secs. 2-104--2156. Reserved. ARTICLE N DOARnS, AND CONIJ~VI:[SSIONS='° lv.[S7`4N.1. GENER,A,~~r~ Sec. 2.156. Tex~mt: of oPlilce. ~ . Each mernbes of a board, cona~naittee ~r commission raay oontix~-nE in his terra off' o#lico until a successor is duly appointed. j (Code 1982, ~ 2-61.) i Secffi. 2-)I.Fi7 2-18b. Ree~rved.. ij '~S#ate law referex~ae-Authorit;~ df ciLy council in city operAtia~g under optional plea, 13 council-zn,az~agcr plan of goverAment; to create boaz~ols, commissions, ctc_, 1Vlinn. Slats. x•12.623.. j CD2:13 i ,. ,,_: i I I ~r -~ ~ PAGE 0911.3 f'ry~i r~ f itinr F~rrcrrit~~C ~:14A7l17C ~ hLLI):flw.w.,r.~~:~nr.l'dgC.F.V.ail Nf. x.uL.o-wj~a is{n.t~.r~.,,,y«s., ...... ,••.•r,•••,...._-- Agenda Item L6 -Attachment 2 ' ~ .PRINT i E~;ecutive Recruiters -')Cop 23 Rank Company 1 Contact ~ 2©06 Placctnents ;dt'~.adsox~ 1 '6U Su~tttt Siatla Strcet ~ SC7 Sttitc 31.10 .. Mixttteapalis, MN S5~'02 G12-524~2GUU ~ hudsort,com J!~c~.inl G'ri~tt ~ - --~ I j Z GU1 CarlfionPar'kwa}' •' ~J5 Suitc ~5f,} N(irttctonka, Mai 55;U.5 ' 952-47G-ZiU7 ~zb.cl~inleyg~roapinc.cotn ~ l\l'ot•thlmad Exttploy~-leni~ Scxwice4 ~ 3 4UU South Higltwa)~ 1.d9 22U Suite 45U St, Louis Park, MN 554ZG ~ ~ 952-541.-3.UGU ~ jubstttn-cotta. I F~aaus 1;'xeG~ative Scarcla 4 2K57. ,Anihoui - T.anc Soutix f ~[f8 Mirtncapolis, MN 55418 (r1.2.7US_q-444 ~ focuscxecutivesearelt.coin i i .A,ettbrion I S 1550 J~ixncricftrt Eau,~cv~:d East ~ 75 Si~~tc 7ZU :F3lootnirtgton,lVlN 554.5 952-814-755 ~ fvnbtion,.oo~ Top Executive ~catlict• ~oatlt Paul Bcaxd bavid Gavila Tire McLaffcrLy Brian Back 1 af:5 l ~/i9120U8 1.0:33 AM { - -._.~ win Cities Iiusinc5s ~?a~-~~ ~,2.ank Cvrn~any !Contact k':Nl ~ndust~•,es G l Ul.zS Crosstown Circle _ Suitc 3E)E} F.c~.cts Prairio, MN 5S34A~ 952-941.-U9GG ~ fmindustries,net a.dve'xtisement SAGE 10113 n[~~J.l1 WW W.L{,.U31~t1~.•.,_LiJ 111l~/tii Ll.y~r.... ~•u•-~ p...~~. .....~ i t 20D6 plRCCnnents '~o~ ~xecut~ve i I 74 Frrcd Montana I I i _ SAL O' PLC" i 7 1.2E}l Harmon 1'laca ` Gi, Am)' Lan~cr ~. Jnhn Folkcstad Suite 3{)3 Nfiriucapolis, IVI,N 5540 ' G~12-2a0-7256 ~ salogearcla.com ! . >E~illeren ,~ A.r-sac.iat~s ~8~0 ,~1.rncric7la Bol~levard West ~ G() 8 Jerry- ~Tilleran SuzCe S8[} ~ I Minrxea~o>xs, 3,vf,N 554a ! s . ~ , , 952-956-909U ~ iaillcrcn.coix~. ~ j i. 4".l~alndie~~ Gt`c)R~ E~ec~ati~ve Seas•eix ~ - g 4165 Slaorelinc 1?rive i 59 ~ Cindy Cl~as+dler Suite Zt}{y . Springy Park,lv~T 55~8A- 952-471-300U j chandprou~,com Skane Nlur ~. inc. i 1 lQ 55UO Wad zata boulevard I 45 Tpni Barnum Suil.c 1~2U lVfinneapolis, NfN 55416 763-591-2af}0 ~ sco~nernwrplxy.crn~r- i j ' f i I z ar S ~ 119/208 10:33 .A.M. f vswir~ Citx~. Susi~ncss Ma~aziz~c Ranh Company 1 Contact Scha11 L o.~a.r~ $c +Ct#~'lccn ~~rc. . - ~ .a 8UU Mcollct Mall Suite 289U Minneapolis, MN 5S4U~ G1.2-33$-3119 ~ sJci.comi ~ 2 220 South Sixtlx Street Suite 3UU ~/finneapol3s, MN 554f)2 G1Z-37G-4655 j larsona.iicncoxx~ ~ PAGE 1i/13 2006 ~lscexrtents Top Execul:ivc 3g Dn~id. Schap I i 3g Jan Rzuelioski 51:ewa~•1-, S~:ein •Qi S+c~-Lt t 1.3 1©UU Shclard Parkway 32 Jef£xc~- Stewart Saito GUG Msnocapolis, Mai 5S42G ~ 95Z-545-$:1.51 ~ stewartsteitx.nct I i I C. I.4nr~c~.•eon ,Associates .; I 1~ 213G Ford Qarkway- ~ ;Z Dan Anderson Suxtc ZU4 St. Paul, MN 5i 11G G51-695-8555 j csndersoxl'~sociatcs.com ~ ~~t~1L E~eeC~utlvc Sca.1'Gl~ ~ 3t) 15 5821. Cedar T.alcc Road .Mark Saktic St. Louis 3?ark, MN 5541G 952-54G-z~()t1 ~ ~aihe.catn . S encer 5tl'ua~~t ~ I 1.G 225 Soutlt. 5zxtlx Street Zg Scisan .Boren Suite z~SU Minneapolis, .MN S54f)Z ~ G12-31a-2()Df) ~ ~pencex5tvart.corn. ~ I I I . i I I 3 of: ~ i 3l1912[-p8 10:33 ANI i'win ~.,Ji~:u ~nszncss Ma~a~inc Rank Company l Contact 1Profcssi or+~l .~lternativeS 1 7 150,001Na)~~ata SoUlevatd . Suite 3D[} Wayaata, MN 55391 95~-~U4-2G[10 ~ pro-alt.cbxn l~il~i.ams F~;ef~Native S~AA'G~t ~.~ 90 Soutlx Seventh Sheet Snits 42UU Miruacapol'is, MN 55~U2 ' Ci.1~~339-~9UU ~ wxlliams-cxcc_ca~tl. - ~R Scut1: 'ly 8014 Olson Memot'ial Hi~lxway Suite 47U 1~(i,incapaliQ, MN 55427 R88-342-26(}8 ~ jbscottsearch,cpsn Cxnuld ~;'l'a~~ ., 2U 333 Washir~gi:on Avenue North, Suite 32 :M'i~xneapolig, IV1N 55103 ., t;12_;4g_2777 ~ gouldgroupsc:arch,com 1Q~usines~ ~'$lent~ Z1 Boy 4[}UG4 SL. Paul, MN 5 51 U~1 GSl.-G9[}-UG95 ~ NA T1,~:1~'Timzzitelli O~a•ou 'Lt[l. ~~ 5i)[) take SCreet Suite 212 Fxccl~ior, MN 5533'1 952-47G-Sd491 maxzsesrch.coX». _-- PAGE 12/13 240E Pdatements 'l~i op Executive David Dodge ~ ~~ William D~~bUs 2{} Dcxck Scott Carl:er 1.~ ~a~ Gbuld 1.2 Bab SalisUux}~ 9 Teresa MarritelG 4ofS i 3/19/~0A8 14:33 ISM Will. Ci'files B1S5]]ZC~SS lVL1gi17..1n~% a~~s~._.. -- -~ .._ ......__ _ - , - ~... ~---- u.,Y..W 2UQ6 P~Aae~ent~ Top E7secutawe Rank Company 1 Contact ! T-1<el. Ws~i~tecf ~.nco orated ~~ 50[11 .F~acricar~ 13oulcvaz'd West saite ~~~ ~ B1ooxoingtami, MN 55437 952-831.-5767 ~ hcl~wantcd.cvs~a ~~~ 20o71VlSP Gorrlr~lianications, Inc. All Rights Resc#'vccl s~~E zcll~~~ PAGE 13/13 ~ of 5 j 3/1912(108 10.33 AM Item L7 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Karen Guilfoile, City Clerk DATE: March 18, 2008 RE: First Reading -Changes to Lawful Gambling Ordinance Introduction There are provisions in the State Statutes that permits lawful gambling in the form of pull-tabs being sold from the bar service area in bars and restaurants. Our current code conflicts with the State Statute and does not permit this activity. Background While the city made modifications to the Lawful Gambling Ordinance at the June 11, 2007 council meeting and adopted State Statues that govern lawful gambling, there is conflicting language that disallows pull-tabs being sold from the bar service area. Currently, lawful gambling license holders that sell pull-tabs are only permitted to do so by having a permanent structure that is operated by an individual that sells the pull-tabs. Staff is proposing changes to our current ordinance so that intoxicating liquor license holders that wish to sell pull-tabs from the bar service area will be permitted to do so. According to the Minnesota Gambling Control Board, numerous lawful gambling license holders are selling their pull-tabs by this method. In doing this, the establishment that sells pull-tabs from the bar service area take care of the logistics of selling the pull-tabs and doing the payouts in an agreement between the lawful gambling and intoxicating liquor license holders. In order for this to be permitted in the City of Maplewood, the attached clean-up language will need to be approved by the city council. The omissions are struck out and additions are italicized in red. Recommendation Approve the attached first reading of the Lawful Gambling Ordinance that conflicts with the State Statute that regulates Lawful Gambling. These changes will permit the selling of pull-tabs from the bar service area. Ordinance 881 Chapter 22 LAWFUL GAMBLING Article I. In General Sec. 22-1. Gambling prohibitions. Article II. Lawful gambling Sec. 22-2. Adoption of state law by reference. Sec. 22-3. City may be more restrictive than state law. Sec. 22-4. Purpose. Sec. 22-5. Definitions. Sec. 22-6. Lawful gambling permitted. Sec. 22-7. Location. Sec. 22-8. Conditions. Sec. 22-9. Lawful gambling at on-sale establishments. Sec. 22-10. Council approval. Sec. 22-11. Application and local approval of premises permits. Sec. 22-12. Local permits. Sec. 22-13. Revocation and suspension of local permit. Sec. 22-14. License and permit display. Sec. 22-15. Notification of material changes to application. Sec. 22-16. Contribution of net profits to fund administered by city. Sec. 22-17. Designated trade area. Sec. 22-18. Records and reporting. Sec. 22-19. Penalty. Sec. 22-20. Severability. Sec. 22-21. Effective date. ARTICLE I. IN GENERAL Sec. 22-1. Gambling prohibitions. (a) Any person engaged in gambling as a participant therein or any person who knowingly permits gambling on his premises, such gambling being defied as gambling within the meaning of Minn. Stats. §§609.75 - 609.762, shall be guilty of a misdemeanor. (b) All kinds and descriptions of gaming, gambling and fraudulent devices and practices in gaming and all playing of dice or other games of chance are hereby prohibited. (c) All roulette tables; all faro banks; all crap tables; all gambling with cards, gaming tables or gambling devices; all descriptions of gaming and gambling; all houses and places for the purpose of gambling and fraudulent devices and practices; and all playing of cards, dice or other games of chance are hereby prohibited from being set up, used or kept for gaming or gambling purposes in the city. (d) No person shall bet any money or other property at or upon or in any gaming or gambling table, game or device prohibited by this section. (e) No person shall keep any house or place for the purpose of gambling nor shall any person suffer or allow any gaming table, bank or gambling device or gambling equipment prohibited in this section to be set up or used for the purpose of gaming in any house, building, boat, lot, hotel, motel, shop, ward, room, space or garden belonging to him, occupied by him or over which he has no control. (f) If any person shall engage in a gambling game or make use of any gambling device or equipment prohibited by this section or shall keep tables, furniture, fixtures or instruments for gaming or gambling or used or intended for use in gaming or gambling, in or out of any house, room or place, such tables, instruments or equipment maybe seized and taken into custody by any police officer. It is hereby made the expressed duty of all police officers to enter any place, house, room, tent or booth and seize the gaming tables, instruments, fixtures or equipment and hold and keep the gaming tables, instruments, fixtures or equipment. (g) No person shall visit any place, house or room used, occupied or in any way designed for gaming or gambling purposes and there bet any money or valuable thing on any game or device, either played with cards, dice or otherwise. It shall be the duty of the police officers to visit all houses, places, rooms, tents or booths where any such gambling is carried on in violation of this section and to arrest all persons violating this section. (h) No person shall, within the city, whether directly or indirectly, bet or risk any money or other property at or upon any game, device, horse race, contest of any kind whatever or upon the happening of any event, whether such event takes place within or without the city limits, or the result of any such event or engage in any gaming or gambling of any kind whatever, in which money or other property is directly or indirectly bet, wagered, staked or risked, or aid or abet, directly or indirectly, any other person in the doing of any such acts. (i) This section shall not apply to the game of bingo, as defined by state law, if such game of bingo is duly licensed pursuant to state law and this Code or other city ordinance. Q) Notwithstanding the other subsections of this section, a fraternal, religious, veterans' or other nonprofit organization may set up to operate a gambling device or conduct a raffle, as defined in Minn. Stats. § 349.12, if licensed by the city and conducted pursuant to Minn. Stats.§ 340.12, and a person may manufacture, sell or offer for sale a gambling device to such organization. ARTICLE II. LAWFUL GAMBLING Sec. 22-2. Adoption of state law by reference. The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the Council that all future amendments of Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. Sec. 22-3. City may be more restrictive than state law. The council is authorized by the provisions of Minnesota Statutes, Section 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling within its limits beyond those contained in Minnesota Statutes, Chapter 349, as it may be amended from time to time. Sec. 22-4. Purpose. The purpose of this ordinance is to regulate lawful gambling within the City of Maplewood, to prevent its commercialization, to insure the integrity of operations, and to provide for the use of net profits only for lawful purposes. Sec. 22-5. Definitions. In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board. CITY, as used in this ordinance, means the City of Maplewood. COUNCIL, as used in this ordinance, means the City Council of the City of Maplewood. LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the Board. LOCAL PERMIT, as used in this ordinance, means a permit issued by the city. TRADE AREA, as used in this ordinance, is defined as the City of Maplewood and each city and township contiguous to the City of Maplewood. RAFFLE, "Raffle" is an activity that requires no skill in order to win a prize. Prizes are awarded through the purchase of chances. Sec. 22-6. Lawful gambling permitted. Lawful gambling is permitted within the city provided it is conducted in accordance with Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to time; Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time; and this ordinance. Sec. 22-7. Location. (a) Lawful gambling under license issued by the state lawful gambling board may be conducted only at the following locations: (1) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on-sale establishment as permitted in this division. (2) In licensed on-sale liquor, wine, and beer establishments. (3) Notwithstanding subsections (a)(1) and (2) of this section, raffle only licenses may be approved for any proper location. (b) No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the city. Sec. 22-8. Conditions. The conduct of lawful gambling under license issued by the state lawful gambling control board shall be subject to the following conditions in the city: (~a) No sale, consumption, or possession of liquor, wine, 3.2 percent malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale liquor, wine, or 3.2 percent malt liquor license or a bottle club permit; provided, further, that no sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted in the room where a bingo session is taking place. (fib) The organization must have been in existence for three years preceding the license application as a registered Minnesota nonprofit corporation or as an organization designated as exempt from the payment of income taxes by the Internal Revenue Code. The organization must have at least 15 active members. (~c) Before any person may serve as gambling manager for any organization licensed to conduct gambling in the city, that person must have satisfactorily completed a course of instruction conducted by the state lawful gambling control board on the duties and responsibilities of the gambling manager. Sec. 22-9. Lawful gambling at on-sale establishments. Lawful gambling at on-sale liquor, wine, and 3.2 percent malt liquor establishments shall be Conducted in compliance with the following: (~a) Only licenses for lawful gambling and raffles maybe issued, except where the licensed gambling organization also holds the on-sale liquor, wine, or 3.2 percent malt liquor licenses for the premises, in which case any gambling license may be issued. (fib) On-sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on-sale establishment. (~c) Every agreement between a nonprofit organization and an on-sale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. There shall be no other compensation paid to the on-sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of this division. Rental payments shall not exceed: (1) For booth operations - 10% of gross profits (net after taxes) with a maximum of $1,750.00 per month. (2) For bar operations - 20% of gross profits (net after taxes with a maximum of $2,000.00 per month. (4d) A copy of any lease agreement between a nonprofit organization and an on-sale licensee shall be filed with the city clerk and the police chief with the gambling license application. (fie) ~t~ ron~ foo nrn~iirlor! in t /o~oo ~nr~om~~~o m~vimi~m ron~ foor"v° (afJ All gambling shall be conducted from a booth or the bar services area. The physical layout of the area set aside for gambling shall be subject to approval of the police department. (fig) ~lae If gambling is conducted from a booth, it shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization. (new paragraph)The organization licensed to conduct gambling shall prominently display its name and license number ~~ ;f~ n~mhl;nn "^nfh and shall indicate that all profits from gambling are for the benefit of the organization. (~h/ Aln mm~/n~mno nr ~nnn~o of fhn nn_o~/n no~~hliohmnn~ oh~ll h~nrlln n~mhlinn rln~iinno n~mhlinn mnnov nri~oo nr n~mhlinn ronnrrlo• nnr oh~ll fhov ronnrr! iniinnoro ronhvo nr froo n~moo• nnr > > > > > > n~mhlinn nnn r~~inn (~i) No person shall be jointly employed by both the nonprofit organization and the on-sale establishment. This section shall not apply when the licensed gambling organization is also the holder of the on-sale license for the establishment where the gambling is conducted. (~l) nnnrli~nfn rl frnm fhn lini~nr onniinn her (~8k) o~/o oof~h/ioh monf (~1) No gambling funds shall be commingled with funds of the on-sale establishment. (gym) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances. (fin) The on-sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours. (~40) The on-sale licensee shall make no agreements with any gambling equipment distributorrequiring the use of his gambling equipment in the establishment. (~p/ Ci~hoonfinno /RI /71 /f21 /OI /1/11 nnr! /~ ~) of fhio oonfinn oh~ll nnf ~nnhi inihon fho linonoor! > > > > > (~§q) The city council may disapprove a gambling license application for an on-sale establishment in which gambling violations have previously occurred. Section 22-10. Council approval. Lawful gambling authorized by Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the council, subject to the provisions of this ordinance and state law. Section 22-11. Application and local approval of premises permits. (a) Any organization seeking to obtain a premises permit or bingo hall license, or renewal of a premises permit or bingo hall license from the Board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed not later than three (3) days after they have been filed with the Board. (b) Upon receipt of an application for issuance or renewal of a premises permit or bingo hall license, the city clerk shall transmit the application to the chief of police for review and recommendation. (c) The chief of police shall investigate the matter and make its review and recommendation to the city council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. (d) Organizations or bingo halls applying for a state issued premises permit shall pay the city an investigation fee as set by State Statute for cities of the second class. This fee shall be refunded if the application is withdrawn before the investigation is commenced. (e) The applicant shall be notified in writing of the date of which the council will consider the recommendation. (f) The council shall receive a report from the city clerk that includes pertinent information from the background investigation and consider the application within 45 days of the date that the application was submitted. (g) The council shall, by resolution, approve or disapprove the application within 60 days of the receipt of the application. (h) The council shall disapprove an application for issuance or renewal of a premises permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last 3 years. (2) Violation by the on-sale establishment or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last 3 years. (3) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued. (4) Lawful gambling would be conducted at more than 4 premises within the city. (5) Failure of the applicant to pay the investigation fee within the prescribed time limit. (6) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise the council shall pass a resolution approving the application. Sec. 22-12. Local permits. (a) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minnesota Statute, Section 349.166, as it may be amended from time to time, without a valid local permit. (b) Applications for issuance or renewal of a local permit shall be on a form prescribed by the city. The application shall contain the following information: (1) Name and address of the organization requesting the permit. (2) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. (3) Dates of gambling occasion for which permit is requested. (4) Address of premises where event will occur. (5) Copy of rental or leasing arrangement, if any, connected with the event including rental to be charged to organization. (6) Estimated value of prizes to be awarded. (c) When filing an application for the issuance of a local permit under this division, the applicant must pay to the city clerk, in full, the amount of the permit fee as imposed, set, established and fixed by the city council. (d) Upon receipt of an application for issuance or renewal of a local permit, the city clerk shall transmit the notification to the chief of police for its review and recommendation. (e) The chief of police shall investigate the matter and make review and recommendation to the city clerk as soon as possible to be included in the report for the council, but in no event later than 45 days following receipt of the notification by the city. (f) The applicant shall be notified in writing of the date on which the council will consider the recommendation. (g) The council shall receive the public safety department's report and consider the application within 45 days of the date the application was submitted to the city clerk. (h) The council shall disapprove an application for issuance or renewal of a premises permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last 3 years. (2) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last 3 years. (3) The organization has not been in existence for at least 3 consecutive years prior to the date of application. (4) The organization does not have at least 15 active members. (5) Exempted or excluded lawful gambling will not take place at a premises the organization owns or rents. (6) Exempted or excluded lawful gambling will not be limited to premises for which an on-sale liquor license has been issued. (7) Exempted or excluded lawful gambling will occur at more than 4 premises within the city. (8) More than one licensed, qualified organization will be conducting exempted or excluded lawful gambling activities at any one premises. (9) Failure of the applicant to pay the permit fee within the prescribed time limit. (10) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise the council shall approve the application. Sec. 22-13. Revocation and suspension of local permit. (a) A local permit may be revoked, or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. (b) A license shall not be revoked or suspended until notice and an opportunity for a hearing have first been given to the permitted person. The notice shall be personally served and shall state the provision reasonably believed to be violated. The notice shall also state that the permitted person may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted person requests a hearing, the council shall hold a hearing on the matter at least one week after the date on which the request is made. If, as a result of the hearing, the council finds that an ordinance violation exists, then the council may suspend or revoke the permit. Sec. 22-14. License and permit display. All permits issued under state law or this ordinance shall be prominently displayed during the permit year at the premises where gambling is conducted. Sec. 22-15. Notification of material changes to application. An organization holding a state issued premises permit or a local permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten days of the change. Sec. 22-16. Contribution of net profits to fund administered by city. (a) Each organization licensed to conduct lawful gambling within the city pursuant to Minnesota Statute, Section 349.16, as it may be amended from time to time, shall contribute ten percent of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for lawful purposes as defined by Minnesota Statutes Section 349.12, Subdivision 25, as it may be amended from time to time. An organization's receipts from lawful gambling that is exempt from licensing under Minn. Stats. § 349.166 are not subject to ten-percent contribution imposed by this section. (b) The ten-percent contribution imposed by this section shall be paid to a fund administered and regulated by the city, without cost to the city, for disbursement for lawful purposes on a monthly basis and shall be reported on a duplicate copy of the gambling tax return filed with the state lawful gambling control board each month. The report shall be an exact duplicate of the report filed with the state lawful gambling control board, without deletions or additions, and must contain the signatures of organization officials as required on the report form. At the time of submitting a copy of the gambling tax return, each organization shall also file a computation of charitable contribution form. The gambling tax return and payment of the contribution due must be postmarked or, ifhand-delivered, received in the office of the finance director on or before the last day of the month following the month for which the report is made. An incomplete gambling tax return will not be considered timely unless corrected and returned by the due date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and contribution shall be delivered to: Finance °n.J /Irlminiofr~finn nA~n~ivnrDirector City of Maplewood 1830 East County Road B Maplewood, MN 55109 Checks shall be made payable to the city. (c) There shall be an interest charge of eight percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section. (d) The city council shall disapprove any pending application for renewal or the original issue of a lawful gambling license for any organization which owes delinquent contributions to the city. Further, the police chief may notify the state lawful gambling board of any organization owing delinquent contributions to the city and may request that the board revoke or suspend the organization's license during the license year. The city council shall not issue or renew any on- sale or off-sale alcoholic beverage license, bottle club permit, or food license to any organization which owes delinquent contributions to the city. The remedies in this subsection are not exclusive and shall be in addition to any other powers and remedies provided bylaw. Sec. 22-17. Designated trade area. (a) Each organization licensed to conduct gambling within the city shall expend 51 percent of its lawful purpose expenditures on lawful purposes conducted within the city's trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premise within the city's jurisdiction. Sec. 22-18. Records and reporting. (a) Organizations conducting lawful gambling shall file with the city clerk one copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes, Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. (b) Organization licensed by the Board shall file a report with the city proving compliance with the trade area spending requirements imposed by Section 16. Such report shall be made on a form prescribed by the city and shall be submitted annually and in advance of application for renewal. Sec. 22-19. Penalty. Any person who violates (~a) Any provision of this ordinance; (fib) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to time; or (~c) Minnesota Statutes, Sections 349.11-349.21, as they may be amended from time to time or any rules promulgated under those sections, as they may be amended from time to time shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both, plus in either case the costs of prosecution. Sec. 22-20. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Sec. 22-21. Effective date. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minnesota Statute, Section 412.191, Subdivision 4, as it may be amended from time to time, which meets the requirements of Minnesota Statute Section 331A.01 Subdivision. 10, as it may be amended from time to time. Passed by the Council this 11th day of June, 2007. Ayes -All (5) Nays -None Mayor Attest: Clerk AGENDA REPORT Agenda ItemN1 TO: City Council FROM: Chuck Ahl, Acting City Manager SUBJECT: Update on Second Reading of Televising Meetings Ordinance DATE: March 18, 2008 INTRODUCTION/SUMMARY The Mayor requested an update on the second reading of the televising of meetings ordinance. This item was first scheduled to be heard on November 26t" as part of a public hearing but was removed due to some coding errors [see November 26, 2007 minutes]. A public hearing was held on December 10, 2007 [see attached minutes from December 10, 2007]. The item was heard and approved at this meeting. The agenda report from Mr. Copeland is also attached for information. RECOMMENDATION It is recommended that the City Council direct the staff to bring this item back for 2nd reading consideration at the April 14t" Regular Meeting. Attachments: 1 . November 26, 2007 Minutes 2. December 10, 2007 Minutes 3. December 6, 2007 Agenda Report from Mr. Copeland Agenda Item N1 Attachment 1 AGENDA MAPLEWOOD CITY COUNCIL 7:Q0 i'.M. Monday, November 26, 2007 Council Chambers, City Hall. Meeting No: 2~ A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL 1. Mayor's Address on Protocol: 2. "Welcome to the meeting of the Maplewood City Council. !t is our desiro fo keep all discussions civil as we work through difficult issues tonight. If you are here fora Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, syhich are located near the entrance. When you address the council, please state your Homo and address clearly for the record. Ad comments/questions shall be posed to the Mayor and Council. t then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF AGENDA E, APPROVAL OF MINUTES 1. October 22, 2007 Council Manager Workshop, Minutes :;, 2. October 22, 2007 City Council Meeting M;inutes,~ ;~~; 3. October 29, 2007 Council Manager Workshop Minutes 4. November 9, 2007 Special City Council Meeting Minutes- F. PUBLIC HEARINGS 1. Loading Assessment and Non-degradation ReportlPublic Meeting 2. Proposed Ordinance Amendment-- Non-compliance Re-inspection Fees (First Reading) 3. Proposed Ordinance -Broadcast of All City of Maplewood PublicNleetings (First Reading); G. VISITOR PRESENTATIONS H, APPOINTMENTSIPRESENTATI~N I. CONSENT AGENDA 1. Approval of Claims 2. Authorization to Purchase Dell PowerEdge 6850 Server 3. Approval of the EM5 Metro Regional Compact 4. Annual Gambling License Renewal - Maplewood Athletic Association 5. Annual Gambling License Renewal -,:P,ioneer.B.oost~r;Club 6. Conditional Use Permit Review -Comfort Bus.-;1.870 Rice Street 7. Conditional Use Permit Review - Woodfynn Ponds Townhomes -County Road D and Chisholm Parkway. 8. Conditional Use Permit Review -Regions Sleep Center -2688 Maplewood Drive 9. Conditional Use Permit Review.- Maple Leaf Ridge Business Center 24:75:-24.95 Maplewood Drive 10. Conditional Use Permit Review -Saint Paul Regional Water Services - 1900 Rice Street 11, Conditional Use Permit Review -Saint Paul Business Center East - 1983, 1997, 2025 Sloan Place 12. Payment for Service -- Aqua Logic 13. Resolution for Adopting 2008 Ambulance Rates All matters listed under the Consent Agenda are considered to,be routine by the City Council anal will be enacted by one motion. if a member of the City Council wishes to discuss an item, that iteln`will Yie reirioved from the Consent Agenda and will be considered separately. i i t t ; t~ J. AWARD OF BIDS 1. Lighting Retrofit of Public Works and Parks Recreation Buildings 2. Build-out and remodeling of former dispatch center in Police Department 3. Redesignation of funds at MCC -Exercise Area Expansion Project K. UNFINISHED BUSINESS , 1. Marshlands Project Proposal at TH 5-,12i3~'Property, City Project 03-20, Project Report and Update .. 2. Reconsideration motion by Mayor Longri~e 'ori~Viilage. Tot'Lot, Approval to Purchase EquipmentlPreparation of Site from the October 22, 2007 City Council Meeting 3. Maplewood Fire Fighters Relief Association L, NEW BUSINESS 1. On-Sale Intoxicating Liquor License -- Red Lobster 2. OffWSale Intoxicating Liquor License - Mervin Liquors 3. Lot Width Variance and Lot Division - 1805 Arcade Street North 4. Conditional Use Permit -Commercial Truck Parking - 1003 Century Avenue North 5. Approve Agreement for Nuisance Abatement at 1262 Myrtle Street and Authorize Funding from Environmental Utility Fund . . 6. Mogren Street Improvements, City Project 06-17, Resolution Modifying Existing Construction Contract, Change Order 2. 7. Infi[trationllnflow Reduction Program, City: Project 06-02, Resolution Authorizing Submittal of Grant Requests for Foundation Drain Tile Disconnection Program $. Desoto Skillman Area Street Improvements, Crty'Project 06-16, Resolution for Modification of the existing Construction Contract, Change ~r~der 4: 9. Proposa[ to Close City Offices on Christmas Eve and New Year's Eve in. 2007. M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (65'1) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. E; ~~ RULES OF CIVILITY'FOR OUR.E4MMUNITY ; , 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 fhaf 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 wi11 follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use reseecfful Ianquaae. Agenda Item N1 Attachment 2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, November 26, 2x07 Council Chambers, City Hall Meeting No. 20 A. CALL TO ORDER A meeting of the City Council was held in the C~ty~ Hap Council Chambers and was called to order at 7:10 p.m. by Mayor Longrie. B, C. D. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember_ Present Wifl Rossbach, Councilmember Present APPROVAL OF AGENDA :City Manager, Greg Copeland requested to remove item F1 -Loading Assessment. & Non- degradation Report/Public Meeting due to some coding errors that occurred in the printing of the ..packet: He also asked to remove item .1=3 -;Proposed.Qrdinance ~- Broadcasf of AfI"City of Maplewood Public Meetings (First Reading): Councilmember Hjefle requested the addition of item M1. to discuss Maplewood FirefighterlParamedic Kurt Parsons who recently passed away. E. Councilmember Rossbach requested the addition of M2. Ramsey County League of Local Governments. Mayor Longrie moved #o a rove the a ends as amended. Seconded by Councilmember Hjelle. Ayes--All APPROVAL OF MINUTES Councilmember Cave moved to approve the October 22, 2b07._COuncil Manager Workshop i ~ : ~. , Minutes. ~ . Seconded by Mayor Longrie. _ ~` '~ Ayes -All Councilmember Juenemann called the Recording Secretary with a correction to the October 22, 2007, City Council Minutes. Page 24, item K1, the bottom paragraph is misplaced and should be moved to the next page to the next agenda item. . November 26, 2007, City Council Meeting 1 Agenda item F1 Agenda Item N1 Attachment 3 5agret~en `tUe (',aen Memorandum To: City Council From: Greg Copeland, City Manager Date: December fi, 2Q07' Re: Broadcast of Afl Pubic Meetings of the City City Council Member Erik Hjelfe requested staff prepare an ordinance to formalize the current practice of the City to broadcast all public City meetings on Channel ~6, the City of Maplewood's government cable television channel. Mayor Longrie has also advised the staff of her desire to co-sponsor this proposed ordinance to ensure the broadcast of all city meetings to the public. All Maplewood Cable TV subscribers have access'to the`station.'Maplewood Citizens who wish to obtain these government programs, but who do not currently subscribe to Cable TV may be connected at their request to Camcast's Cable System at no charge to receive all public access channels. Continuing to increase public participation in government has been a goal of this City Council an adoption of this ordinance would further this goal into the future. Recommendation: Approve the proposed Ordinance's first reading. ORDINANCE NO.207- AN ORDINANCE ADDING § 2-9 TO THE CITY CODE REGARDING THE BROADCAST OF ALL PUBLIC MEETINGS OF THE CITY The City of Maplewood Ordains: City Code § 2-9 is added to read as follows: Short tide: Broadcast of Public Meetings. (a} City Policy. It is in the best interest of the public and the citizens of Maplewood specifically that all,meetings of the City and or its various committees, boards or advisory. groups be freely available for listening, viewing, participation, or any combination thereof. Meetings of these groups are already open to tlie'publc pursuant to State law and Maplewood Code to the extent allowed, however it is the policy and desire of the City of Maplewood to ensure access to all its meetings to-those citizens`vvho otherwise cannot physically attend those meetings. (b) Broadcast ofActivities. To the extent possible all meetings of the City or any of its standing Committees or Boards that meet in the City Hall of 1Vlaplewood shall be recorded and broadcast at City expense to the public utilizing whatever available technology exists and is readily available to the City at the time, e.g., local cable-access and/or broadcast channels or their signals. (c) Recording ofActivities. All meetings of the City or any of its standing Committees shall be recorded as above-described and topics of such meetings shall be available to any member of the public consistent with and pursuant to the Minnesota Government,Data Practices Act, § 13.03 et seq. (d) No Wavier. Nothing in this section is intended to render. public any activities otherwise described in the Minnesota.Open. Meeting;Law, § 13D.01 et seq. regarding allowable "closure" Hof otherwise ,public, meetings.. The right of the City to close its meetings for,: th,e purposesoutlined and. deseribed in MS § 13D.03 and 13D.05 are neither waived or abridged by this section.:.