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Home My WebLink About2009 01-12 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, January 12, 2009 City Hall, Council Chambers Meeting No. 1-09 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1.Acknowledgementof Maplewood Residents Serving the Country. C. ROLL CALL Mayor?s Address on Protocol: ?Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments.? D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of December 1, 2008, City Council Manager Workshop Minutes 2. Approval of December 8, 2008, City Council Meeting Minutes. 3. Approval of December 15, 2008, A Continuation of December 8, 2008, City Council Meeting Minutes. 4. Approval of December 18, 2008, Special City Council Closed Session Minutes 5. Approval of December 29, 2008, Special City Council Minutes F. VISITOR PRESENTATIONS ? PART I (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenters will be instructed to remain at the meeting until this item is re-opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G-H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation ? Part II.) 1. Report on Sletten Request for Retaining Wall at North End of Clarence Street H. COUNCIL PRESENTATIONS I. APPOINTMENTS AND PRESENTATIONS 1. Appointment to Parks Commission 2. Recognition of Capstone Project Report by University of Minnesota Students (Mayor Longrie) 3. Recognition of Paramedic Response by Area Hospital (Mayor Longrie) J. PUBLIC HEARINGS K. UNFINISHED BUSINESS 1. City Manager Search Process ? Discussion of Schedule a. Presentation of Interview Finding by Citizen Business Panel b. Presentation of Interview Findings by Employee Panel c. Discussion of Council Review Schedule L. NEW BUSINESS 1. Approval of 2009, 2010 Contracts Between City of Maplewood and Its Collective Bargaining Associations a. American Federation of State, County and Municipal Employees, Council No. 5, Local 2725 b. International Association of Firefighters, Local 4470 c. International Association of Firefighters, Local 4470-O d. Law Enforcement Labor Services, Inc. (Local 153) e. Law Enforcement Labor Services, Inc. (Local 173) f. Maplewood Confidential and Supervisory Association g. Metro Supervisory Association 2. County Road D (McKnight to Bellaire) ? Consider Resolution Authorizing Preparation of PreliminaryReport to Advance Project For 2009 Construction 3. Carsgrove Meadows Area Street Improvements, City Project 08-10, Resolution Accepting Preliminary Report and Calling Public Hearing 4. Castle Avenue Improvements, City Project 08-12 a. Resolution Accepting Preliminary Report and Calling Public Hearing b. Resolution Authorizing Preparation of Plans and Specifications 5. Request for a Conditional Use Permit to Build a Two-car Residential Garage on Property Zoned M1 (Light Manufacturing) at 2080 Prosperity Road. Action Requested a. Conditional Use Permit to Expand a Non-Conforming Use 6. Maplewood Toyota Utility Easement Vacations at 2905 Maplewood Drive, Action Requested a. Vacation of Public Utility Easements 7. Consideration of 2009 City Council Appointments 8. Annual Review of the Rules of Procedure for City Council and Council Meetings Manual 9. Annual Review of Policy and Procedures for a Public Hearing 10. Approval of Claims M. CONSENT AGENDA 1. Approval of 2009 Liquor License Renewals 2. Lawful Gambling License for Merrick Inc at The Chalet 3. Lawful Gambling License for Merrick Inc at Bleechers Bar and Grill 4. Resolution Supporting Maintenance of Local Title and Registration Services for Deputy Registrar 5. Transfers to Close Funds for Public Improvement Projects 02-11, 03-34, 05-11 6. Transfer to Close Funds for Public Improvement Project 03-04 7. Transfer to Close Funds for Public Improvement Project 03-09 8. Transfer to Close Funds for Public Improvement Project 03-18 9. Transfer to Close Funds for Public Works Building Addition Project 03-19 10. Transfer to Close Funds for Public Improvement Project 03-27 11. Transfer to Close Funds for Public Improvement Project 03-31 12. Transfer to Close Funds for Public Improvement Project 03-39 13. Transfer to Close Funds for Public Improvement Project 04-15 14. Transfer to Close Funds for Public Improvement Project 05-16 15. Transfer to Close Funds for Public Improvement Project 05-36 16. Transfer to Close Funds for Public Improvement Project 06-04 17. Transfer to Close Funds for Public Improvement Project 06-15 18. Transfer to Close Funds for Public Improvement Project 06-21 19. Transfer to Close Funds for Public Improvement Project 07-03 20. Write-Off Uncollectible Ambulance Bills for 2006 21. Priory Public Improvements (St. Paul?s Monastery), City Project 07-24, Resolution for Modification of the Existing Construction Contract, Change Order No. 2 22. Authorization to Make Payment for Eden Systems Yearly Support Contract 23. Consider Approval to Update City?s Building Code Ordinance 24. Consider Approval to Extend Lease Agreement with Gethsemane Church Thru April 2009 25. Consider Approval of 2009 SCORE Funding Grant Application 26. Council Consider Approval of Acceptance of Donation From Friends of Maplewood Nature Center 27. Consider Approval of Extension of Metro Gang Strike Force Agreement 28. Consider Approval of Acceptance of Donation to the Police Department From Schmelz Countryside 29. Consider Approval of 2009 Animal Control Services Contract 30. Temporary/Seasonal Employees ? Consider Resolution Establishing 2009 Pay Rates 31. Resolution Approving Certification of Special Assessments for Unpaid Miscellaneous Charges 32. Resolution Approving Certification of Special Assessments For Unpaid Ambulance Bills 33. Resolution Designating Depositories For Investments N. AWARD OF BIDS O. VISITOR PRESENTATION ? PART II (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) P. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk?s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings ? elected officials, staff and citizens. It is hoped that by following these simple rules, everyone?s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. AGENDA ITEM E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, December 1, 2008 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:05 p.m. by Acting Mayor Hjelle. B. ROLL CALL Present at 5:25 p.m. Diana Longrie, Mayor Erik Hjelle, Acting Mayor, Councilmember Present Present at 5:30 p.m. Kathleen Juenemann, Councilmember John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Acting City Manager, Chuck Ahl said Mayor Longrie called and stated she is running late due to court and she requested that item D. Unfinished Business be heard after item E. New Business. Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. (Per the request of the Mayor item D. UNFINISHED BUSINESS is being heard after item E. UNFINISHED BUSINESS.) E. NEW BUSINESS 1. Bruentrup Family Farm a. Discussion of Issues for Farm Operations i. Environmental Planner, Shann Finwall addressed and answered questions of the council as well as gave the report. ii. Acting City Manager, Public Works Director, Chuck Ahl addressed and answered questions of the council. iii. City Attorney, Alan Kantrud addressed and answered questions of the council. iv. City Clerk, Director Citizen Services Karen Guilfoile addressed and answered questions of the council. 1. Sandra Dickie, Acting Grant Coordinator and with the Minnesota ociety,1742 Frank Street, Maplewood addressed and Historical S answered questions of the council. 2. Robert Overby, Society Member and Volunteer, 2051 Nokomis Avenue, St. Paul addressed and answered questions of the council. December 1, 2008 1 City Council/Manager Workshop Minutes Packet Page Number Page 4 of 216 3. George Rossbach, Former Mayor and Former City Councilmember, 1406 County Road C East, Maplewood addressed and answered questions of the council. 4. Ron Cockriel, 943 Century Avenue North, Maplewood, addressed the council with an announcement. No Action was needed for this item. 2. City Council Advisory Commissions a. Behavior of Commissioners Concerns (Councilmember Hjelle) i.Councilmember Hjelle gave the report. ii. City Attorney, Alan Kantrud addressed and answered questions of the council. iii. Acting City Manager, Public Works Director, addressed and answered questions of the council. The council took a five-minute break at 7:15 p.m. The council reconvened at 7:20 p.m. D.UNFINISHED BUSINESS 1. City Manager Search Process a. Discussion of Open Meeting Requirements i. Acting City Manager, Public Works Director, Chuck Ahl gave the report. ii. City Attorney, Alan Kantrud addressed and answered questions of the council as well as gave the report. 2. Discussion of Proposed Levy and Budget Calendar for 2009 Budget F. ADJOURNMENT Mayor Longrie adjourned the meeting at 8:00 p.m. December 1, 2008 2 City Council/Manager Workshop Minutes Packet Page Number Page 5 of 216 AGENDA ITEM E2 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, December 8, 2008 Council Chambers, City Hall Meeting No. 34-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 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 D. APPROVAL OF AGENDA Acting City Manager, Public Works Director Chuck Ahl requested the addition of two items to the agenda. Under G1. Administration Presentations. add G1. Increased Membership at the MCC (report by City Clerk, Director Citizen Services, Karen Guilfoile) and G2. Police Report (report by Police Chief, Dave Thomalla). Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Ayes ? All E. APPROVAL OF MINUTES Mayor Longrie had the following changes to the November 24, 2008, city council meeting minutes: page 6 of Packet Page Number 209, Item K1. in the motion replace the wordstaffwith Chief Thomalla . On page 8 of Packet Page Number 209, the order that Planning Commissioner, Tushar Desai ld come after Commissioner Hjelle withdrew his motion. spoke shou On page 7 of Packet Page Number 209, in the top paragraph, the words revocation of the license a should be changed to license rather than the license. On page 13 of Packet Page Number 209 Mayor Longrie requested that the wording be clarified and the paragraph should now read: Mayor Longrie said she voted nay because she understands feasibility study why the extra infiltration at the mall is needed it still concerns her that this is for a new fee or assessment setting a foundation for a policy for all commercial properties throughout Maplewood. Without having a full discussion regarding that Mayor Longrie said she didn?t feel comfortable in supporting this policy. On page 14 of Packet Page Number 209, for the Business Registration Fee of $40, remove the and dash between 2008-2009 and change it to 2008 2009. December 8, 2008 1 Packet Page Number Page 6 of 216 City Council Meeting Minutes Councilmember Nephew moved to approve the November 24, 2008, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. F. VISITOR PRESENTATIONS ? PART I 1. Anthony Dierich, 2624 Promontory Place, Maplewood, addressed the council. He was present at the October 3, 2008, city council meeting as the President of New Century development. He had asked the council for guidance regarding the plat map for the area and was told it would be 4 to 6 weeks for the information. It has been 2 months now and he wondered when he would hear back from the city. (Mr. Ahl asked Mr. Dierich to contact him directly and Mr. Ahl will handle the matter.) 2. Dave Schilling, 1955 Greenbrier Street, Maplewood, addressed the council regarding the 2009 budget. G. ADMINISTRATIVE PRESENTATIONS 1. Increased Membership at MCC ? City Clerk, Director Citizen Services, Karen Guilfoile gave the report regarding the increased number of memberships at the Maplewood Community Center. 2. Police Reporton TH 36 ? Police Chief, Dave Thomalla gave the report regarding the Maplewood Police report on violations on Highway 36 and the Ramsey County Traffic Initiative and stated that every officer is required to wear a high visibility traffic vest throughout their shift which represents this initiative program. H. COUNCIL PRESENTATIONS None. I. APPOINTMENTS AND PRESENTATIONS None. J. PUBLIC HEARINGS 1. 7:00 p.m. Truth in Taxation Hearing on 2009 Budget a. Resolution Certifying Taxes Payable in 2009 b. Resolution Adopting 2009 Budget i. Acting City Manager, Public Works Director, Chuck Ahl addressed and answered the council and gave the presentation. questions of ii. Finance Director, Bob Mittet addressed and answered questions of the council. Mayor Longrie opened the public hearing. 1. Roger Logan, 2514 Adele Street, Maplewood. 2. Luis Baracai, 2839 White Bear Avenue, Maplewood. 3. Ken Smart, 940 Bartelmy Lane, Maplewood. 4. Rita Andreole, 1776 Maryknoll Avenue North, Maplewood. 5. Dave Schilling, 1955 Greenbrier Street, Maplewood. 6. Del Ray Rokke, 454 O?Day Street South, Maplewood. December 8, 2008 2 Packet Page Number Page 7 of 216 City Council Meeting Minutes 7. John Gohrs, 2870 Arcade Street, Maplewood. 8. Ms. Michael Bailey, 1650 Sterling Street South, Maplewood. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to approve the 3.0% Levy Increase and further consider cuts of $5,000 in IT Department, $18,000 in the Public Works Department, $9,500 in Citizen Services/Deputy Registrar Department, $7,400 in the Fire Department, $43,000 in the Police Department, and $50,000 in fuel savings. Seconded by Councilmember Juenemann. Mayor Longrie recommended a friendly amendment to cut the ¾ time person from the IT Department. Councilmember Rossbach did not accept the friendly amendment. Councilmember Nephew recommended a friendly amendment reducing $2,500 from the legislative budget and $2,500 from the city manager training budget. Councilmember Rossbach agreed to the friendly amendment. Councilmember Rossbach moved to approve the 3.0% Levy Increase and further consider cuts of $5,000 in IT Department, $18,000 in the Public Works Department, $9,500 in Citizen Services/Deputy Registrar Department, $7,400 in the Fire Department, $43,000 in the Police Department, and $50,000 in fuel savings. Furthermore reducing $2,500 from the legislative budget and $2,500 from the city manager training budget. For a total reduction of $137,900 from option number 3. Furthermore the Resolution Certifying Taxes Payable in 2009. RESOLUTION 08-12-181 CERTIFYING TAXES PAYABLE IN 2009 BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes will be levied for 2008, payable in 2009, upon the net tax capacity in said City of Maplewood, for the following purposes; Operations $12,152,480 Community Center 300,000 Debt Services 2,908,155 TOTAL LEVY $15,610,635 2. In addition, there is a $403,500 market value based referendum levy for 2008 payable in 2009 to finance the debt service on the 2002 Open Space Refunding Bonds. 3. The next tax capacity based levy of $2,908,155 for Debt Service and the market value based referendum levy of $403,500 total $3,311,655. This results in a total certified levy of $16,014,135. The breakdown by Debt Service Fund follows as Exhibit A: December 8, 2008 3 Packet Page Number Page 8 of 216 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes ? Councilmember Juenemann, Nephew & Rossbach Nays ? Mayor Longrie, Councilmember Hjelle The motion passed. Mayor Longrie asked that her comments for the 2009 Budget be included for the record. Mayor Longrie said given the economic times a salary cap isn?t unrealistic. Mayor Longrie said she is a small business owner in Maplewood. She said her landlord has commercial property and she pays rent there. When the landlord gets his increased property taxes her rental agreement says that he will be passing the increase onto the renters. She said 50% of her clients are on payment plans and the payments are coming in slower every month. Her clients are concerned because they lost their job and can?t pay their child support, they?re behind on their rent or mortgage. She sees what?s going on in the economy. She has been talking to the council for months regarding what is going on with the economy. Last year the council froze the property tax levy and included in that motion to be able to retain every single employee that the city had at that time. To freeze the property tax levy and keep the city employees. That was the promise last year. Mayor Longrie said she would be willing to bet the council could make that same promise today if the council wanted to do that. But in order to do that from the proposed budget that says 3% increase in property tax levy, the council would have to cut somewhere around $468,000 from this budget, not $65,000. Mayor Longrie said she looks at what the council has discussed over the past council meetings. Mayor Longrie discussed the Environmental Tax Fund (ETF). She said the city has been bonding against the ETF, money that the city hasn?t even collected yet. Everyone accepts and knows that. If the council decides to raise the money and increase it by the 7% proposed are you going to use that to supplement some of the road projects or can we decide to put off more of those projects and put that money towards the staff at the Nature Center, towards education of our citizens and providing them services. That?s the mission of the Nature Center. Rather than cutting back on $17,000 for the few part time employees that are there. She said it reminds her of the time in 2004 or 2005 the council at that time said the hours at the MCC needed to be cut back and because the lifeguards have to be on duty they should cut back on the amount of time the pool is open at the end of the night. Lifeguards were making about $8 an hour, but at the same time the city was paying the tuition of the City Manager which was $7,000 and if you divide the number of lifeguard hours into that amount of money for the tuition you have about 937 lifeguard hours that we could have provided services to the people that have memberships at the MCC. Mayor Longrie said people still ask her if the city is going to extend the hours of the pool and the hot tub since they pay for a membership and want the hours extended again. Mayor Longrie said it?s a question of priorities. $5,000 was added to the budget for City Manager travel and training and she thinks that expense should be cut because that was in addition to the salary increase the council decided to propose for the new City Manager coming in. The Maplewood Mall consists of a lot of small business owners and not only are their commercial property taxes going up but with the reconstruction of White Bear Avenue their assessments are going to increase and all of this will impact their business. In addition to less business for the mall because of the economy and she thinks the council needs to take that into consideration. This evening was the first time she has heard about the impact on rental properties. Rental properties can be the only affordable housing people can afford. The property owners are going to pass the additional expenses onto the renters and rent will go up when their lease has that option which will affect people who can?t afford that increase. The council has agreed to invest in so many technology innovations. With the extra loop to connect the buildings, being told this will make for better and more efficient communications, and it will take less time to communicate. The council heard about the increased number of help tickets for IT but many times the help tickets are related to simple things. She said the IT department should have a class so people can learn how December 8, 2008 4 Packet Page Number Page 9 of 216 City Council Meeting Minutes to do certain things on their own. In addition, maybe the city can get by with older computers and fewer computers could be replaced or the replacements could be delayed. Mayor Longrie said the council needs to delay the purchase of the police vehicle. Also, delaying the request to paint the walls at the MCC. Looking at the Planning Department, one of the planners left the city for another job and we replaced that person. We had a planner who has been at the city for some time now who moved into the role as an Environmental Planner, now that person is also writing grants. We?ve heard how the numbers have gone down regarding developments, permits etc. and this affects workload for employees. Regarding the Police Department, the Administrative Sergeant the city has is doing a good job and she hasn?t seen any justification why we need to change the Administrative Sergeant position to Deputy Police Chief and add $25,000 on top of that. The city no longer has a dispatch center to supervise in Maplewood because that has been moved to Ramsey County. Regarding marketing and the city newsletter, while she appreciates doing a lot of marketing, last year it was her understanding that the city had a contract person doing the city newsletter for about $15,000 annually. While that person didn?t do marketing or sell any ads, the salary was only $15,000. She said she looked at the claims registrar for the marketing person because it was decided to break the contract with the person who was doing the newsletter and hire a permanent employee to do marketing and the newsletter. If you look at the claims registrar and calculate it out it?s about $60,000 net, not including the benefits. Mayor Longrie said what if we would have had the newsletter person stay and hire somebody on commission to do the marketing, that?s an innovative way of looking at things. There are many other things she said she would like to propose. The folks on fixed incomes who have commercial properties where the property values have gone up or the small business owners, senior citizens who are not sure where the extra money is going to come from, she said she understands where people are coming from. If the proposed property tax levy is anything higher than it was 2008 she will not support it because she thinks that the council has to have a reality check and tighten the belt. We as a council have a duty to serve. Mayor Longrie said emails received were handed to Acting City Manager, Chuck Ahl for the record. Mayor Longrie closed the hearing. Councilmember Nephew moved to approve the Resolution Adopting the 2009 Budget with the changes approved by the council. RESOLUTION 08-12-182 ADOPTION OF THE 2009 BUDGET WHERAS, the City of Maplewood is required to prepare an annual budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: The 2009 Proposed Budget shall become effective beginning January 1, 2009. Ayes ? Councilmember Juenemann, Seconded by Councilmember Rossbach. Nephew & Rossbach Nays ? Mayor Longrie, Councilmember Hjelle The motion passed. December 8, 2008 5 Packet Page Number Page 10 of 216 City Council Meeting Minutes Mayor Longrie moved to recommend hearing agenda items in the following order. The remainder of the agenda items will be heard on December 15, 2008 at 6:30 p.m. Agenda item M1, L4, K2, K1, and L5. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. The Council took a 15-minute break. The Council reconvened. K. UNFINISHED BUSINESS 1. Search Process for City Manager a. Consider Calling Special Meeting for December 15, 2008, for the Purpose of Selecting Final Candidates. b. Consider Resolution Calling for Closure of Advisory Panel Meetings i. Acting City Manager, Public Works Director, Chuck Ahl addressed the d gave a brief report. council an Councilmember Nephew moved to adopt a motion calling for a Special Meeting for December 15, 2008, at 5:00 p.m. for the purpose of selecting final candidates for the position of City Manager. Seconded by Mayor Longrie. Ayes ? All The motion passed. Mayor Longrie wanted the following comments included for the record: Mayor Longrie said in addressing this issue we must remember that because of the open meeting law it was enacted for the public benefit and that it is to be construed in favor of public access. The case having to do with officials in Hibbing says: The open meeting law mandates meetings of public bodies be open to the public. City Attorney, Mr. Kantrud said that the advisory body was indeed to be construed as a public body because Mr. Kantrud gave the statute for that at the workshop but that meetings may be closed to consider strategy for labor negotiations and to discuss matters within the attorney/client privilege. When you take a look at the statues with regard to closed meetings for labor negotiations, it specifically says that discussion or review of labor negotiation proposals conducted pursuant to sections to 179A.01 to 179A.25. That discusses negotiation procedures. They are not negotiating anything they are developing questions to ask the candidates. The initiation of negotiation under 179A.14, under subsection 1, that first agreement, when an exclusive representative desires to meet and negotiate an initial agreement establishing terms and conditions of employment. The public policy of this particular statute of 179A.01 is to govern the relationships between public, public employees and employer, governing bodies for the need for cooperation and employment protection. These questions that the panels are developing has nothing to do with employment protection. Under 13D.05 it talks about meeting data classified as not public when a meeting must be closed, data that would identify alleged victims, active investigative data, educational data, health data, and individuals medical records, a public body shall close one or more of the meetings for consideration of allegations or charges against an individual. It also talks about meetings that may be closed to determine the asking price for real or personal property, to review confidential or non public appraisal data, to develop or consider offers or counter offers for the purchase or sale of real property or personal property. When you go to the definitions under Chapter 13 of general non public data, under labor relations, the definition means management positions on economic or non-economic items that have not been presented during the collective bargaining process or December 8, 2008 6 Packet Page Number Page 11 of 216 City Council Meeting Minutes interest arbitration. While this council wants to say that these meetings can be closed, the advisory bodies are putting together their questions on what they will ask the potential candidates, these questions are based upon the recruitment profile which is not a secret to anybody because that is why people have submitted their resumes. Mayor Longrie said she does not believe the city has any legal authority to close these meetings and not have them be subject to the open meeting law and where this statute is to be construed to public access and few exceptions that exist are to be carefully restrained to avoid abuse. Mayor Longrie said that is a quote from a Minnesota Supreme Court Case. City Attorney, Alan Kantrud addressed and answered questions of the council. Seconded by Councilmember Juenemann. Ayes ? Councilmember Hjelle, Juenemann, Nephew & Rossbach. Nay ? Mayor Longrie Councilmember Rossbach moved to approve the Resolution directing that the panel meeting held for the purpose of developing questions for the purpose of interviewing candidates for City Manager be closed. RESOLUTION 08-12-183 AUTHORIZING CLOSURE OF MEETING FOR LABOR NEGOTIATION PURPOSES PURSUANT TO MINN. STAT. § 13D.03 WHEREAS, The Maplewood City Council acknowledges that the City of Maplewood operates pursuant to the State?s grant of authority as a, ?Plan B,? form of government and; WHEREAS, The Maplewood City Council, pursuant to it?s authority as a Plan B City, acknowledges that it has only one, ?employee,? in the person of the City Manager and; WHEREAS, The Maplewood City Council has been without a full-time City Manager since approximately January 14, 2008 and; WHEREAS, The Maplewood City Council has undertaken a, ?search process,? to identify and hire a new City Manager and; WHEREAS, The Maplewood City Council has constituted several, ?advisory panels,? made-up of citizens and City employees to assist in the selection process and; WHEREAS, The Maplewood City Council has directed staff to operate and organize all meetings of the aforementioned panels pursuant to and compliant with Minnesota Statute § 13D et seq., the Minnesota Open meeting Law and; WHEREAS, The Maplewood City Council has authorized the aforementioned panels to engage in substantive discussions regarding the qualifications desired of a City Manager and to communicate those to the Council, and: WHEREAS, The Maplewood City Council has also authorized the aforementioned panels to develop questions that they would like to have asked of the potential City Manager candidates during the vetting/interview process and; WHEREAS, The Maplewood City Council would like to ensure that the discussion and December 8, 2008 7 Packet Page Number Page 12 of 216 City Council Meeting Minutes development of the questions is done in a frank and open manner and that the resultant questions be kept confidential as they represent a strategic piece of the Council?s vetting and hiring process of its only employee and; WHEREAS, The Maplewood City Council has been advised that the aforementioned panels may discuss the aforementioned strategies and questions in a closed meeting pursuant to the Minnesota Open Meeting Law under § 13D.03. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Maplewood Does then hereby call for the meetings of the Employee Advisory Panel and the Citizen Advisory Panel to be held on the 12th and 17th of December, 2008, respectively, to be CLOSED at such time as the Chair(s) of the Panel(s) determine that the discussions will include strategy and development of questions for the City Council?s search process. The Maplewood City Council passed this resolution on December 8, 2008 Seconded by Councilmember Juenemann. Ayes ? Councilmember Hjelle, Juenemann, Nephew & Rossbach. Nay ? Mayor Longrie The motion passed. 2. 2030 Comprehensive Plan Update. Action Requested. a. Approval of Direction of the ?Stop Gap? Ordinance as Summarized by Staff. b. Establish Density Ranged for Residential Land Use Categories. c. Approval to Distribute Draft Comprehensive Plan to Adjacent and Affected Jurisdictions. i. Parks and Community Development Director, DuWayne Konewko addressed and answered questions of the council as well as gave the report. ii. Jennifer Haskamp, Consultant with Pulse Land Group, addressed and answered questions of the council. iii. Planner, Michael Martin addressed and answered questions of the council. iv. Planning Commissioner, Jeremy Yarwood addressed the council and gave commission report. the planning Councilmember Nephew moved to direct staff to work on the ?Stop Gap? Ordinance to create and meet the requirements of the current comprehensive plan as suggested by staff to allow for conservation planning in a way that hypothetically make it possible to reach 4.3 net units per acre but with a great many restrictions. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. Planning Commissioner Yarwood addressed the council. Councilmember Nephew moved to direct staff to use a density range of 0.5 to 1.5 units per net acre for rural low density or residential land use in the future land use map for the comprehensive plan for 2030. Seconded by Mayor Longrie. December 8, 2008 8 Packet Page Number Page 13 of 216 City Council Meeting Minutes Mayor Longrie recognized a resident who wanted to come forward and speak and invited her to address the council even though the motion had already been made and seconded. Ms. Michael Bailey, 1615 Sterling Avenue South, Maplewood addressed the council. After Ms. Bailey spoke Councilmember Nephew stated he wanted to include something additional in his motion and made the following friendly amendment. Councilmember Nephew offered a friendly amendment that the rural low density designation should apply to Hallers Woods as well as the current R-1(R) designation. Mayor Longrie accepted the friendly amendment. Councilmember Nephew moved to direct staff to use a density range of 0.5 to 1.5 units per net acre for rural low density or residential land use in the future land use map for the comprehensive The rural low density designation should apply to Hallers Woods as well as plan for 2030. the current R-1(R). Seconded by Mayor Longrie. Ayes - All The motion passed. Planning Commissioner Yarwood addressed the council. Councilmember Nephew moved to approve the staff recommendation for low density residential of 2.6 to 6 units per net acre as is currently reflected in the draft comprehensive plan. Seconded by Councilmember Rossbach Ayes ? Councilmember Juenemann, Nephew and Rossbach Nays ? Mayor Longrie, Councilmember Hjelle The motion passed. Councilmember Nephew moved to distribute the comprehensive plan and begin the adjacent and affected jurisdictional review period. Seconded by Councilmember Rossbach. Ayes ? Councilmember Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. L. NEW BUSINESS 1. Review and Consider Approval for Extension of City Attorney Contracts (To be continued December 15, 2008) 2.Consider Canceling Regular Meeting Scheduled for December 22, 2008. (To be continued December 15, 2008) December 8, 2008 9 Packet Page Number Page 14 of 216 City Council Meeting Minutes 3. Consider Adoption of the 2009 Building Inspections and Community Development Fee Schedules. (To be continued December 15, 2008) 4.Richie Place Subdivision Proposal on Labore Road. Action Requested: a. Comprehensive Land Use Plan Amendment to Change from OS (Open Space) to R1 (Single Family Residential) ? Four Fifths Vote Required b. Approval of a Lot Division ? Simple Majority Vote Required i. Planner, Michael Martin addressed and answered questions of the council ave the report. as well as g ii. City Attorney, Alan Kantrud addressed and answered questions of the council. iii. Jeremy Yarwood, Planning Commission member addressed the council and gave the planning commission report. iv. Phil Soby, Lauren and Company Development, P.O. Box 187, Stillwater, addressed and answered questions of the council. v. Environmental Planner, Shann Finwall addressed and answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this agenda item. 1. David Himmelbach, 2970 Labore Road, Little Canada, addressed the council. 2. Bill Schorn, 2940 Labore Road, Little Canada, addressed the council. 3. John Gohrs, 2870 Arcade Street, Maplewood, addressed the council. 4. Joleen Gohrs, 2870 Arcade Street, Maplewood, addressed the council. 5. Bill Hansen, 2836 Keller Parkway, Maplewood, addressed the council. The council asked the applicant, Phil Soby if he would be agreeable to a time extension for this project until January 26, 2009. Mr. Soby agreed to a time extension until January 26, 2009, at the latest. Councilmember Juenemann moved to table this proposal so City Attorney Kantrud can further clarify questions raised at the city council meeting until the January 26, 2009, city council meeting at the latest. Seconded by Mayor Longrie. Ayes ? All The motion to table passed. Councilmember Hjelle moved to extend the council meeting past the curfew in order to complete agenda items K2, K1, and L5. Seconded by Mayor Longrie. Ayes ? Mayor Longrie Councilmember Hjelle, Nephew and Rossbach Nay ? Councilmember Juenemann The motion passed. Councilmember Nephew moved to call for a special meeting on December 15, 2008, in order to complete the remainder of the city council agenda items. December 8, 2008 10 Packet Page Number Page 15 of 216 City Council Meeting Minutes Seconded by Mayor Longrie. Ayes ? All The motion passed. 5. Consider Approval of MCC Catering Contracts a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report. Councilmember Nephew moved to recommend approval for Classic Catering, Kane?s Catering Services, and Soup Du Joor as Maplewood Community Center caterers effective January 1, 2009, for a three-year period. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 6. Consider Establishing Citizen?s Task Force in 2009 for Budget and Tax Levy Input (Councilmember Hjelle) (To be continued December 15, 2008) 7. Approval of Claims d December 15, 2008) (To be continue M. CONSENT AGENDA 1. Councilmember Hjelle moved to approve consent agenda item 1. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 1. Consideration of an Intoxicating Liquor License ? Melony Morris, Change in Manager for Buffalo Wild Wings Grill & Bar ? 3085 White Bear Avenue. a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report. b. Melony Morris, Manager, Buffalo Wild Wings Grill & Bar, 3085 White Bear Avenue, Maplewood, addressed and answered questions of the council. Councilmember Hjelle moved to approve the Intoxicating Liquor License for Buffalo Wild Wings Grill & Bar at 3085 White Bear Avenue. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 2. Consideration of Currency Exchange License Renewal ? Cashway Checking ? 2025 White Bear Avenue. (To be continued December 15, 2008) 3. Results from the Fall Clean Up ? (No Council Action Required). (To be continued December 15, 2008) 4. CarMax/Mogren Addition Improvements, City Project 06-17, Consider Approval of Resolution Reducing Retainage on Existing Construction Contract and Adjusting the Budget to Reflect Maplewood Toyota Contribution. (To be continued December 15, 2008) December 8, 2008 11 Packet Page Number Page 16 of 216 City Council Meeting Minutes 5. Hazelwood Street Improvements, City Project 07-25, Consider Approval of Resolution Reducing Retainage on Existing Construction Contract. (To be continued December 15, 2008) 6. Consider Approval of Purchase of Single Axle Plow Truck. (To be continued December 15, 2008) 7. Maplewood Community Center Improvements a. Consider Contract for Painting of Conference Rooms and Hall b. Consider Contract for Replacing Exterior Door (To be continued December 15, 2008) 8. Consider Approval of Retirement Health Savings Plan for Non-Union Employees (To be continued December 15, 2008) N. AWARD OF BIDS 1. Award of Bid for Rubbish Hauling Contract for City Facilities. (To be continued December 15, 2008) O. VISITOR PRESENTATIONS ? PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 1:35 a.m. December 8, 2008 12 Packet Page Number Page 17 of 216 City Council Meeting Minutes AGENDA ITEM E3 MINUTES MAPLEWOOD CITY COUNCIL SPECIAL MEETING PUBLIC HEARING AND A CONTINUATION FROM THE December 8, 2008, Council Meeting 7:00 p.m., Monday, December 15, 2008 Council Chambers, City Hall Meeting No. 34-08 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 D. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Nephew. Ayes ? All E. PUBLIC HEARINGS 1. White Bear Avenue Improvements, City Project 08-13 a. Acting Public Works Director, Michael Thompson addressed and answered questions of the council as well as gave the presentation. b. Jon Horn, Kimley-Horn and Associates, Inc., 2550 University Avenue West, Suite 345N, St. Paul, addressed and answered questions of the council. c. Jerry Auge, PE, Project Manager, Ramsey County Public Works, 1425 Paul Kirkwold Drive, Arden Hills, addressed and answered questions of the council. d. Acting City Manager, Public Works Director, Chuck Ahl addressed and answered questions of the council. Mayor Longrie opened the public hearing. 1. Mark Bradley, 2164 Woodlyn Avenue, Maplewood addressed the council. th 2. Daniel Turnquist, 7002 - 6 Street North, Oakdale, CFO, Crown Inc. representing Wendy?s Restaurant at White Bear Avenue and County Road D addressed the council. 3. Luis Barracai, 2839 White Bear Avenue, business owner in Maplewood addressed the council. Mayor Longrie closed the public hearing. December 15, 2008, A Continuation of December 8, 2008 1 Packet Page Number Page 18 of 216 City Council Meeting Minutes Councilmember Nephew moved to approve the Joint Project with Ramsey County. Seconded by Councilmember Rossbach. Ayes - All Councilmember Rossbach moved to approve the Resolution Ordering the Improvement after Public Hearing of City Project 08-13 (White Bear Avenue Improvements). RESOLUTION 08-12-187 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 24th day of November, 2008, fixed a date for a council hearing on the proposed street improvements for the White Bear Avenue Improvements, City Project 08-13. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing council has heard all was given, and the hearing was duly held on December 15, 2008, and the persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to White Bear Avenue Improvements, City Project 08-13. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 15th day of December 2008. 3. The city?s consultant, Kimley-Horn and Associates, Inc., is the designated engineer for this improvement and is hereby directed to 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. A project budget for Maplewood?s share of the $16,711,000 shall be established as follows: Financing Source Amount MSA Bonds $ 1,131,525 Special Assessments $ 1,738,475 WAC Funds $ 355,000 Sanitary Sewer Utility $ 149,000 Total $ 3,374,000 Seconded by Councilmember Juenemann. Ayes ? All The motion passed. CONTINUATION OF THE DECEMBER 8, 2008, AGENDA ITEMS F. NEW BUSINESS 1. Review and Consider Approval for Extension of City Attorney Contracts a. Alan Kantrud for Prosecution and General Services b. Chuck Bethel for Labor Attorney December 15, 2008, A Continuation of December 8, 2008 2 Packet Page Number Page 19 of 216 City Council Meeting Minutes i. Acting City Manager, Public Works Director, Chuck Ahl addressed and answered questions of the council as well as gave the report. Councilmember Rossbach moved to adopt a motion extending the contracts for legal services with Alan Kantrud and Labor Relations Attorney services with Chuck Bethel through December 31, 2009 at the rates indicated within the proposed agreements and authorize the Acting City Manager to execute said agreements. City of Maplewood Contract for Attorney Services st This AGREEMENT entered into this 1 day of October, 2008, (the ?Effective Date?) by and between the City of Maplewood, Minnesota (hereinafter referred to as ?City?) and H. Alan Kantrud (hereinafter referred to as ?Kantrud? or ?Attorney?). WHEREAS, in 2006 the City originally put forth a Request for Proposals (?RFP?) to contract out its legal services for 2 years and in response to that RFP retained Attorney as its City Attorney and Prosecutor on or about September 11, 2006; and WHEREAS, the City has continuously contracted with Kantrud as its City Attorney and Prosecutor since October 1, 2006 at a current rate of $16,500.00 monthly; and WHEREAS, the City has found Attorney?s performance as City Attorney to be competent and professional and has continued to retain his services; and WHEREAS, the City?s original term of two years as set forth in the RFP has now expired; and WHEREAS, the City is now in the process of seeking to retain a new City Manager who is expected to start sometime in 2009; and WHEREAS, the City believes it is in the best interests of the City to maintain consistency in its legal representation throughout the process of selecting and retaining a new City Manager; and WHEREAS, the City also believes it is in the best interests of the City that the new City Manager have sufficient time to work with the City Attorney in 2009 to determine whether he or she believes that the current City Attorney is a good fit, but not be obligated beyond 2009; and WHEREAS, the City now desires to enter into a contract for the services of Attorney as City Attorney to assure his continued performance of that position through 2009; and WHEREAS, Attorney is agreeable to entering into a contract with the City pursuant to the understated proposed terms and conditions NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties The City hereby agrees to retain Attorney as City Attorney and Prosecutor to perform the functions and duties of City Attorney and Prosecutor and such other legally permissible and proper functions and duties as the Acting City Manager, City Manager and City Council from time to time shall assign. Said duties shall be consistent with and guided by the course-of-conduct established through the previous period of representation and the parties hereto agree that the established duties thereof are mutually satisfactory. Section 2. Term It is agreed the start date will be October 1, 2008 through December 31, 2009. December 15, 2008, A Continuation of December 8, 2008 3 Packet Page Number Page 20 of 216 City Council Meeting Minutes Section 3. Salary The City agrees to pay Attorney for his services rendered pursuant hereto at the same monthly rate of $16,500.00 per month that is currently paid payable to attorney in the same manner as it is currently paid - in monthly installments of $16,500.00. The City shall provide a small workspace for Attorney?s assistant to enhance the efficiency of the interaction and reduce costs to the City for CSO and vehicle time. The City shall provide Attorney membership at the MCC at no charge, for each month or partial month that Attorney performs services hereunder. General Provisions A. The text herein shall constitute the entire Agreement between the parties hereto. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Attorney. C. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or unenforceable, it shall be deemed severable and the remainder of this Agreement shall not be affected and shall remain in fill force and effect. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of Attorney at any time, because of malfeasance, nonfeasance or gross misconduct. IN WITNESS WHEREOF, the parties here to have signed and executed this Agreement, both in duplicate, effective on the day and year first above written. CITY OF MAPLEWOOD ATTORNEY __________________________________ _____________________________ Date: _____________________________ Date: ________________________ __________________________________ Date: _____________________________ City of Maplewood Contract for Attorney Services st This AGREEMENT entered into this 1 day of October, 2008, (the ?Effective Date?) by and between the City of Maplewood, Minnesota (hereinafter referred to as ?City?) and Charles E. Bethel (hereinafter referred to as ?Bethel? or ?Attorney?). WHEREAS, in 2006 the City originally put forth a Request for Proposals (?RFP?) to contract out its legal services for 2 years and in response to that RFP retained Attorney as its City Attorney for Employment and Labor Relations on or about September 11, 2006; and WHEREAS, the City has continuously contracted with Bethel as its City Attorney for Labor Relations since October 1, 2006 at a current rate of $79,200.00 annually or $6,600.00 monthly; and December 15, 2008, A Continuation of December 8, 2008 4 Packet Page Number Page 21 of 216 City Council Meeting Minutes WHEREAS, the City has found Attorney?s performance as City Attorney to be competent and professional and has continued to retain his services; and WHEREAS, the City?s original term of two years as set forth in the RFP has now expired; and WHEREAS, the City is now in the process of seeking to retain a new City Manager who is expected to start sometime in 2009; and WHEREAS, the City believes it is in the best interests of the City to maintain consistency in its legal representation throughout the process of selecting and retaining a new City Manager; and WHEREAS, the City also believes it is in the best interests of the City that the new City Manager have sufficient time to work with the City Attorney in 2009 to determine whether he or she believes that the current City Attorney is a good fit, but not be obligated beyond 2009; and WHEREAS, the City now desires to enter into a contract for the services of Attorney as City Attorney to assure his continued performance of that position through 2009; and WHEREAS, Attorney is agreeable to entering into a contract with the City pursuant to the understated proposed terms and conditions NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties The City hereby agrees to retain Attorney as City Attorney for Employment and Labor Relations to perform the functions and duties of City Attorney with regard to Employment and Labor Relations and such other legally permissible and proper functions and duties as the Acting City Manager, City Manager and City Council from time to time shall assign. Said duties shall be consistent with and guided by the course-of-conduct established through the previous period of representation and the parties hereto agree that the established duties thereof are mutually satisfactory. Section 2. Term It is agreed the start date will be October 1, 2008 through December 31, 2009. Section 3. Salary The City agrees to pay Attorney for his services rendered pursuant hereto at the same monthly rate of $6,600.00 per month that is currently paid, in total a 15 month retainer of $99,000.00, payable in the same manner as it is currently paid - in monthly installments of $6,600.00. The City shall provide Attorney membership at the MCC at no charge, for each month or partial month that Attorney performs services hereunder. General Provisions A. The text herein shall constitute the entire Agreement between the parties hereto. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Attorney. C. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or unenforceable, it shall be deemed severable and the remainder of this Agreement shall not be affected and shall remain in fill force and effect. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of Attorney at any time, because of malfeasance, nonfeasance or gross December 15, 2008, A Continuation of December 8, 2008 5 Packet Page Number Page 22 of 216 City Council Meeting Minutes misconduct. IN WITNESS WHEREOF, the parties here to have signed and executed this Agreement, both in duplicate, effective on the day and year first above written. CITY OF MAPLEWOOD ATTORNEY __________________________________ _____________________________ Date: _____________________________ Date: ________________________ __________________________________ Date: _____________________________ Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 2.Consider Canceling Regular Meeting Scheduled for December 22, 2008. a. Acting City Manager, Public Works Director, Chuck Ahl gave the report. Councilmember Nephew moved to approve canceling the Regular Scheduled Council Meeting for December 22, 2008. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 3. Consider Adoption of the 2009 Building Inspections and Community Development Fee Schedules. a. Finance Director, Bob Mittet gave the report. Councilmember Rossbach said he would like the city to do a study that helps determine whether or not it is appropriate to be basing the building permit fees on evaluation before approving fees for the next year and he would like to add this to the staff recommendation. Councilmember Rossbach moved to approve setting the 2009 Building Permit Fees and the 2009 Furthermore, before the city approves the fees Community Development Service Charges. again the city should do a study to help determine whether or not it is appropriate to be basing the building permit fees on evaluation. RESOLUTION 08-12-184 COMMUNITY DEVELOPMENT FEES WHEREAS, the Maplewood City Council has performed their annual evaluation of the fees charged by the city for building permits, planning reviews and restaurant inspections; WHEREAS, the Maplewood City Council hereby sets the following fees listed in the table entitled Table A-1 Building Permit Fees; December 15, 2008, A Continuation of December 8, 2008 6 Packet Page Number Page 23 of 216 City Council Meeting Minutes WHEREAS, the Maplewood City Council hereby sets the Community Development Service Charges for planning and health related fees as outlined on the fee chart entitled 2009 Community Development Service Charges; NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopt the above mentioned 2009 fee amounts. Maplewood City council passed this resolution on December 15, 2008. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. Consider Establishing Citizen?s Task Force in 2009 for Budget and Tax Levy Input a. Councilmember Hjelle addressed the council. 5. Approval of Claims Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 614,695.24 Checks # 77028 thru # 77095 $ 284,093.55 Disbursements via debits to checking account 21/08 Dated 11/14/08 thru 11/ $ 394,489.59 Checks # 77096 thru # 77137 Dated 12/2/08 $ 155,683.58 Disbursements via debits to checking account dated 11/20/08 thru 11/28/08 __________________ $ 1,448,961.96 Total Accounts Payable PAYROLL $ 472,404.18 Payroll Checks and Direct Deposits dated 11/28/08 $ 3,350.17 Payroll Deduction check #1006489 thru #1006490 dated 11/28/08 ___________________ $ 475,754.35 Total Payroll GRAND TOTAL $ 1,924,716.31 Seconded by Councilmember Rossbach. Ayes ? Mayor Longrie, Councilmember Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle December 15, 2008, A Continuation of December 8, 2008 7 Packet Page Number Page 24 of 216 City Council Meeting Minutes The motion passed. G. CONSENT AGENDA 1. Councilmember Juenemann moved to approve item 1. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 2. Councilmember Juenemann moved to approve item 2. Seconded by Mayor Longrie. Ayes ? All The motion passed. 3. Councilmember Nephew moved to approve items 3 & 4. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 1. Consideration of Currency Exchange License Renewal ? Cashway Checking ? 2025 White Bear Avenue. a. City Clerk, Director Citizen Services, Karen Guilfoile answered questions of the council. Councilmember Juenemann moved to approve the Currency Exchange License Renewal for Cashway Checking at 2025 White Bear Avenue. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 2. Results from the Fall Clean Up ? (No Council Action Required). a. Acting City Manager, Public Works Director, Chuck Ahl gave a brief report. Councilmember Juenemann moved to approve the Fall Clean Up Results. Seconded by Hjelle. Ayes ? All The motion passed. 3. CarMax/Mogren Addition Improvements, City Project 06-17, Consider Approval of Resolution Reducing Retainage on Existing Construction Contract and Adjusting the Budget to Reflect Maplewood Toyota Contribution. Councilmember Nephew moved to approve Resolution Reducing Retainage on Existing Construction Contract and Adjusting the Budget to Reflect Maplewood Toyota Contribution. RESOLUTION 08-12-185 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT AND ADJUSTING OF THE BUDGET PROJECT 06-17 December 15, 2008, A Continuation of December 8, 2008 8 Packet Page Number Page 25 of 216 City Council Meeting Minutes WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 06-17, CarMax/Mogren Addition Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Frattalone Companies has requested a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the retainage within the construction contract is hereby authorized to be reduced, at the discretion of the city engineer, from 5% to 0%, and FURTHERMORE, the finance director is hereby directed to adjust the budget to reflect an additionalcontribution from Maplewood Toyota in the amount of $20,341.02. The revised project budget is $4,453,841.02. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 4. Hazelwood Street Improvements, City Project 07-25, Consider Approval of Resolution Reducing Retainage on Existing Construction Contract. Councilmember Nephew moved to approve the Resolution Reducing Retainage on Existing Construction Contract for the Hazelwood Street Improvements, City Project 07-25. RESOLUTION 08-12-186 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 07-25 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered ment Project 07-25, Hazelwood Street Improvements, and has let a construction contract Improve pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Tower Asphalt has requested a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the retainage within the construction contract is hereby authorized to be reduced, at the discretion of the city engineer, from 5% to 1%. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 5. Consider Approval of Purchase of Single Axle Plow Truck. Councilmember Hjelle moved to approve entering into a contract with Boyer Ford, Inc., under State contract #439006 for the purchase of a Single Axle Plow Truck, 2009 Sterling L-8500 truck chassis for $70,801.68 and dispose of the 1994 Ford truck through trade-in or at state auction. December 15, 2008, A Continuation of December 8, 2008 9 Packet Page Number Page 26 of 216 City Council Meeting Minutes Seconded by Councilmember Juenemann. Ayes ?Councilmember Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. 6. Maplewood Community Center Improvements a. Consider Contract for Painting of Conference Rooms and Hall b. Consider Contract for Replacing Exterior Door i. Chief Building Engineer, Larry Farr, gave the report and answered questions of the council. Councilmember Hjelle moved to approve the contract for painting of conference rooms and hall at the MCC. Seconded by Councilmember Juenemann. Ayes ? Councilmember Hjelle, Juenemann, Nephew & Rossbach Nay ? Mayor Longrie The motion passed. Councilmember Hjelle moved to approve the contract to replace the Exterior Door at the MCC. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 7. Consider Approval of Retirement Health Savings Plan for Non-Union Employees a. Acting City Manager, Public Works Director, Chuck Ahl gave a brief report. Councilmember Juenemann moved to approve the Retirement Health Savings Plan for Non- Union Employees. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. H. AWARD OF BIDS a. Award of Bid for Rubbish Hauling Contract for City Facilities. i. Chief Building Engineer, Larry Farr, addressed and answered questions of the council and gave the report. essed the council. ii. Acting City Manager, Public Works Director, Chuck Ahl addr Councilmember Nephew moved to approve the Award of Bid to Waste Management of Minnesota for the five year contract, and the distribution of expenses will be monitored by Building Operations and approved by the appropriate department with the correct general ledger number. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. December 15, 2008, A Continuation of December 8, 2008 10 Packet Page Number Page 27 of 216 City Council Meeting Minutes I. ADJOURNMENT Mayor Longrie adjourned the meeting at 9:03 p.m. December 15, 2008, A Continuation of December 8, 2008 11 Packet Page Number Page 28 of 216 City Council Meeting Minutes AGENDA ITEM E4 SPECIAL CLOSED SESSION COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 5:00 p.m., Thursday, December 18, 2008 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Acting Mayor Hjelle. B. ROLL CALL Absent Diana Longrie, Mayor Erik Hjelle, Acting Mayor Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Rossbach moved to approve the agenda as submitted. Seconded by Councilmember Nephew. Ayes ? All The motion passed. D. NEW BUSINESS Acting Mayor Hjelle closed the meeting session pursuant to Minnesota State Statute, Chapter 13 relating to Attorney/Client privilege for the purpose of discussion. 1. Declaration of Special Meeting Topics and Intent to Close Session a. Consider Settlement Proposal on the Litigation Issue ? Patricia Gearin, Wipers Recycling vs. City of Maplewood i. Attorney, Robin Wolpert, Greene Espel, PLLP, 200 South Sixth Street, Suite 1200, Minneapolis, addressed and answered questions of the council and gave an update regarding this matter. The city council took no action to accept the settlement proposal. Acting Mayor Hjelle opened the closed meeting session up. E. ADJOURNMENT Acting Mayor Hjelle adjourned the meeting at 5:27 p.m. December 18, 2008 1 CLOSED SESSION MEETING Packet Page Number Page 29 of 216 AGENDA ITEM E5 MINUTES MAPLEWOOD CITY COUNCIL SPECIAL MEETING 5:00 p.m., Monday, December 29, 2008 Council Chambers, City Hall Meeting No. 35-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Acting Mayor Juenemann. Acting City Manager Ahl reported that Mr. Hjelle would be absent and Mayor Longrie would be about 5 minutes late. B. ROLL CALL Present at 5:04 p.m. Diana Longrie, Mayor Absent Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Acting City Manager, Ahl provided the City Council with a memorandum that included confidential information from Steve Bernard of The Par Group on the 50 candidates for the City Manager Position. Councilmember Nephew moved to approve the agenda as submitted. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. D.NEW BUSINESS 1. Declaration of Special Meeting Topics a. Considering City Manager Candidates Acting City Manager, Chuck Ahl explained the memorandum and information from Mr. Steve Bernard from The Par Group on the reason that there are only 50 candidates when he originally reported that there were 53 candidate applications. The City Council requested time to review the information from Mr. Bernard. Mayor Longrie declared a recess at 5:07 p.m. for the purpose of reviewing the information that had been provided. December 29, 2008 1 SPECIAL MEETING Council Manager Workshop Minutes Packet Page Number Page 30 of 216 Mayor Longrie asked questions of Mr. Ahl regarding whether Mr. Bernard would be available. Mr. Ahl reported that he would not be available for this meeting. Mayor Longrie asked if Mr. Bernard was providing any additional information for the Council?s consideration. Mr. Ahl reported that Mr. Bernard had indicated that he had no more information or recommendations. The Council discussed whether to add an additional candidate for City Manager because two of the original five selected candidates had removed their names from consideration. The Council indicated that they wish to convey to Mr. Bernard that they would like to delay the process if one more candidate removes their name from consideration and that Mr. Bernard should provide the Council with resumes? and additional information on 6 ? 10 names from the original list. Additional discussion by the Council with Mr. Bernard would be necessary as part of this Contingency Plan as the Council may consider re-opening the application process. The Council directed Mr. Ahl to have a copy of this Council meeting prepared and delivered to Mr. Bernard. Councilmember Nephew moved to proceed with the current review process with the three finalists. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 5:50 p.m. December 29, 2008 2 SPECIAL MEETING Council Manager Workshop Minutes Packet Page Number Page 31 of 216 Agenda Item G1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Report on Sletten Request for Retaining Wall at North End of Clarence St DATE: January 7, 2008 INTRODUCTION/SUMMARY On October 27, 2008, the City Council received a petition from Ralph, Veronica and Elizabeth Sletten from 2747 N. Clarence Street requesting the installation of a retaining wall near their property to control waters from the KSTP property wetland / storm water basin from entering their property. The th item was referred to staff for investigation. I met with the Slettens on December 12 to discuss the various issues. The Slettens have requested that this item be placed on the agenda for a report. Attached is a copy of the letter that has been sent to the Slettens explaining staff?s position on the various issues. No action is recommended at this time. RECOMMENDATION No action is required. Attachments: January 7, 2009 Letter from Chuck Ahl to the Slettens Janaury 5, 2009 Request to be placed on Agenda December 22, 2008 Letter from the Slettens regarding the issues December 11, 2008 Letter from the Slettens requesting data Assessment data supplied by the Slettens on 1960?s improvements Map of wetland area and 100-foot buffer Packet Page Number Page 32 of 216 Agenda Item G1 Attachment January 7, 2009 Ralph E., Veronica A., Elizabeth A. Sletten 2747 N. Clarence Street Maplewood, MN 55109 RE: Property Information Ralph, Veronica and Elizabeth: This is the letter that you requested that I provide you regarding a number of issues. I indicated that it would be near the end of the year before I could address the issues. It has taken slightly longer than I anticipated. In your letter of December 22, 2008 you requested the following: 1.?Confirmation of when the City of Maplewood and the Planning Department are prepared to show us a draft for the elimination of the man- made public water problem that is affecting our private property.? In my research, I am unable to find evidence that the pond water from the KSTP property is actually touching onto your property. While the water is very close to your private property, I do not know that a requested retaining wall, berm or other features would change the fact that the water is not currently on your property. That does not mean that you are not impacted by an ordinance provision for wetland buffer. An ordinance impact and a legal taking of land due to ponding are perceived by the City and the Watershed, who operates the wetland / ponding area that is north of your property. First, Maplewood is not involved in the operation of the controls for this ponding / wetland. Any claims that you have actually should be directed to the governmental agency that has jurisdiction. That agency is the Ramsey Washington Metro Watershed District [RWMWD]. RWMWD maintains the wetland area and has the easements and agreements to operate the water features in the area. They also have wetland setback ordinance that will impact your property. Their ordinance is very similar to the Maplewood ordinance. All property within the City has been bound by the City?s existing wetland ordinance since 1995. The new RWMWD classification has upgraded this wetland area from a Class 2 (which requires a 100-foot average buffer and a 50-foot minimum buffer in our current ordinance) to a Manage A, which requires a full 100-foot buffer in a future proposed ordinance. I believe that the current wetland is more than 50 feet from your property, so based upon some of the current conditions, it is possible that you would not be impacted under current conditions. Given that, your request for cannot be responded to because there is no water on your property and there is no specific impacts currently of the buffer. Packet Page Number Page 33 of 216 Agenda Item G1 Attachment Sletten Letter January 7, 2009 Page Two 2.?Confirmation that our property will not be affected by the pending City of Maplewood Wetland Ordinance.? As noted above, I anticipate that the new ordinance will impact your property. I cannot provide you a confirmation to the contrary. That ordinance is currently being reviewed for the very specific issues that you raise. I do not have the authority to grant properties variances to a future proposed ordinance. As I indicated when we met, we anticipate that there will be a number of situations where the ordinance has impacts on private property that will have significant impacts. I believe that a reasonable compromise may be available for you to continue to enjoy the full use of your property, but until that ordinance is brought forward for adoption, it is not appropriate to consider restrictions that do not exist at this time. 3.?Confirmation that our property will not be financially affected by the City Project 08-11 ? County Road C Area Street Improvements.? The City Council will be determined whether to proceed with the County Road C project. The staff does not have the authority to determine if a project will proceed , nor if it should not proceed. The City policy provides for property owners to contribute to the project cost. You provided us with information that includes a payment of the street improvement assessment in 1968. The City?s past practice is to indicate to our residents that each property will pay a street assessment once every 35 years. Since your property has not paid a street assessment in the past 41 years, this assessment would not indicate that our procedures would preclude your property from an assessment. The information that you provide does not indicate your property has ever paid the one-time storm sewer assessment. You have paid for sanitary sewer, not storm sewer. Again, I cannot provide you with a confirmation on the financial impact, as that is not something that the City staff has authority to provide. I will note that our staff acknowledges there is very little support for this project at this time. We have stopped our preparation of detailed plans due to this response. We anticipate approaching the Council in February to discuss cancelling the project, which would accomplish your request. 4.?Confirmation that our property is not going to be affected by the instability of the KSTP tower. This is to include a 2008 Report on the stability of the KSTP tower.? Packet Page Number Page 34 of 216 Agenda Item G1 Attachment Sletten Letter January 7, 2009 Page Three Mr. Thompson from our engineering staff received a call from the KSTP personnel early this week. He assured by KSTP that a stability study will be completed early in 2009. Once that study is completed, we will provide you that information. th During your phone message from January 6, you indicated a concern with an invoice in the amount of $14.50. I have been provided the following information on that invoice: The invoice was for copying of files from the Markham Pond project for Elizabeth Sletten. On November 7, 2008, Elizabeth requested information on the cost of the copying. She was informed on November 10, 2008 that we believed the cost would be under $10.00 based upon the likely number of pages. [subsequently, it was determined that there a larger number of pages to be copied] On November 10, 2008, Elizabeth notified the City to inform her about the cost of the copies and when they would be available. th Later on November 10, Karen Guilfoile notified Elizabeth that the copies were available at the front desk and the cost is $14.50 and that an invoice was provided with the copies. At your request, this item has been placed on the Council agenda for January 12, 2008. Please let me know if you have any questions with this information. CITY OF MAPLEWOOD Chuck Ahl Acting City Manager Packet Page Number Page 35 of 216 Agenda Item G1 Attachment Packet Page Number Page 36 of 216 Agenda Item G1 Attachment Packet Page Number Page 37 of 216 Agenda Item G1 Attachment Packet Page Number Page 38 of 216 Agenda Item G1 Attachment Packet Page Number Page 39 of 216 Agenda Item G1 Attachment Packet Page Number Page 40 of 216 Agenda Item G1 Attachment Packet Page Number Page 41 of 216 Agenda Item G1 Attachment Packet Page Number Page 42 of 216 Agenda Item G1 Attachment Packet Page Number Page 43 of 216 Agenda Item G1 Attachment Packet Page Number Page 44 of 216 Agenda Item I1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Appointments to Park and Recreation Commission DATE: January 7, 2008 INTRODUCTION/SUMMARY The City Council will be conducting interviews of candidates for openings and re-appointments to the Park and Recreation Commission. The following individuals have applied and will have been interviewed for one vacant position. In addition, two member?s terms have expired and are requesting re-appointment to the Commission. Commissioner Therese Sonnek will have been interviewed at this meeting. Donald Christenson is also requesting re-appointment but is not available due to a conflict and will be interviewed at a future session. Council action is required to appoint or reappoint members. RECOMMENDATION It is recommended that the City Council adopt a motion to appoint members to the Park and Recreation Commission as noted: Park and Recreation Commission (One opening plus 2 reappointments): 5:00 pm: Mary Mackey 5:15 pm: Daniel Maas 5:30 pm: Therese Sonnek (asking to be reappointed) Future interview: Donald Christianson (asking to be reappointed) Attachment: Candidate Applications (with Work Session information) Packet Page Number Page 45 of 216 Agenda Item I.2 MEMORANDUM TO: Charles Ahl, Acting City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Sustainable Maplewood Project DATE: January 8, 2009 for the January 12 City Council Meeting In December 2008 the University of Minnesota Environmental Sciences undergraduate students completed the Sustainable Maplewood project. The project included a review of city operations and policies in order to formulate recommendations on how the city can create models for sustainability in various areas. The students presented their findings during an open forum in December. The final documents reflect valuable recommendations for the city to consider as we move forward with our sustainable goals. A disk of the final power point presentations and reports as well as a hard copy of the reports will be distributed to the city council during the January 12 city council meeting. The reports will also be reviewed by the city?s commissions, boards, and green team members for possible recommendations on sustainability policies or actions to the city council in the future. City staff would like to thank the University of Minnesota students and professors for assisting Maplewood in our sustainable goals. It has been a good experience for city staff and a valuable learning lesson for the students. Packet Page Number Page 46 of 216 Agenda Item K1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: City Manager Search Process a) Presentation of Interview Findings by Citizen ? Business Panel b) Presentation of Interview Findings by Employee Panel c) Discussion of Council Review Schedule DATE: January 7, 2008 INTRODUCTION/SUMMARY The City Council has established two panels to interview candidates for the position of City Manager. th Each of the panels met and interviewed each of the final 3 candidates on Tuesday, January 6. The panels have met to deliberate and prepare a report on their findings. Each panel will have a written report that will be presented. In addition, the panels selected a chair person to present their findings: Citizen ? Business Panel Chair: Ginny Yingling Employee Panel Chair: Chief Dave Thomalla City Council Schedule The City Council will receive the information from the Panels and will interview the candidates according to the following schedule: Council will be in the Chambers throughout the day. All Council meetings will be open for public observation. All session will be video taped. 8:45 am to 9:30 am: Council review of process with Steve Bernard 9:30 am to 11:00 am: Timothy Madigan interview with City Council 11:15 am to 12:45 pm: Daniel Donahue interview with City Council 1:30 pm to 3:00 pm: James Antonen interview with City Council 3:30 pm to 5:00 pm: Social Reception for all candidates with City Council Reception held at Maplewood Community Center o Reception open to public o 5:00 pm: City Council adjourns. Candidates leave. January 26, 2009: 5:00 pm City Council completes deliberation on Candidates 7:00 pm City Council selects final candidate 7:00 pm City Council authorizes contract negotiations with City Manager. February 9, 2009 7:00 pm City Council approves contract for hiring of City Manager March 2-9, 2009 8:00 am New City Manager begins employment RECOMMENDATION It is recommended that the City Council receive the reports from the two Interview Panels and set the final schedule for hiring a City Manager. Attachments: Panel Reports (to be attached upon completion as part of revised agenda) Packet Page Number Page 47 of 216 Agenda Item L1 AGENDA REPORT TO : City Council FROM: Chuck Bethel, City Attorney for Labor Relations SUBJECT: Approval of 2009, 2010 Contracts between City of Maplewood and its collective bargaining associations: American Federation of State, County and Municipal Employees, Council No. 5, Local 2725 International Association of Firefighters. Local 4470 International Association of Firefighters. Local 4470-O Law Enforcement Labor Services Inc. (Local 153) Law Enforcement Labor Services Inc. (Local 173) Maplewood Confidential and Supervisory Association Metro Supervisory Association DATE: January 12, 2009 INTRODUCTION/SUMMARY Working with the Acting City Manager, who represented the City of Maplewood at the above referenced associations negotiations, we have completed negotiations with the (hereafter the ?Unions?) on behalf of the City for the contracts covering 2009 and 2010. Initially, the parties disagreed on several issues, key among those issues were the amount of wage Increases and on the amount of health insurance premiums the employees were seeking to have paid by the City of Maplewood. . While certain Unions had some differences with regard to negotiation issues, generally, the Unions all initially sought wage increases in excess of 3% while seeking to maintain the City?s past contribution commitment to the employees? health insurance plan. While external comparisons showed other comparable cities providing wage increases in the 3 to 3.5% range for 2009, the health insurance premiums for the City of Maplewood carried an increase of 18% in premiums from the previous year, due in part to the claims from City employees, combined with the expense of the type of plan ($25 deductable with no co-insurance feature, hereafter the ?Renewal?) carried by a majority of the employees. Maplewood?s experience in this regard is not far different from other similarly situated cities or private entities, in that insurance costs continue to go up, while coverage and benefits seem to decrease. In fact, while the City is experiencing an 18% increase in its cost of premiums from 2008, that increase is actually lower than the predicted increase that initially was anticipated as being as high as 30 to 40 percent. Further, the City was advised by its insurance consultants that unless the City was able to move a majority of its employees to plans such as the high deductible or a plan that provides for a co-insurance payment from the employee, that the future costs to the City for premiums could be expected to go up even more significantly. Thus, the City began negotiating its prospective 2009/2010 contracts with its Unions with the goal of moving towards reducing its insurance costs. The City also sought to limit pay increases to 3% or in some cases less than 3% if the employee?s salaries were already at or above Ninety Packet Page Number Page 48 of 216 Thousand Dollars ($90,000.00).1 The City specifically sought to reduce its long term health care costs by moving employees from the Renewal plan to plans with a lower cost. Towards that end, the City worked with the Unions through a Labor-Management Health Insurance Committee process to propose some additional health plans (an 80-20 co-insurance plan or a plan that provide a more narrow list of medical care providers) that could be offered to the employees as well as a modification of some of the features of the existing High Deductible Health Plan to make it more appealing for the employees, in an attempt to get a majority of the employees to move to either the plan with the lowest premiums, the High Deductible Plan, or to one of the other new plans. The City also made it a priority to only offer the lowest cost plan (the High Deductible) to all future employees of the City of Maplewood. After participating in the Labor-Management Health Insurance Committee process to arrive at several new plans with lower costs than the Renewal Plan, the City successfully negotiated the attached proposed new contracts that generally limit the wage increase to 3% (or lower for employees over $90,000.00) and further provide that any employees of any of the Unions that want to remain in the highest cost health plan (the Renewal) have to start paying for 50% of the increase cost of that plan out of their own pockets. Additionally, the Unions agreed that all new employees of the City of Maplewood will, by January 1, 2010, only be offered the high deductible plan. In 2008 approximately 83% of the employees were on the highest cost Renewal plan, Now, as of the end of the open enrollment period on December 22, 2008, approximately 83% of the employees have chosen a lower cost plan with the vast majority (85%of those employees who switched) choosing the lowest cost High Deductible plan. Because the City offered some financial incentive to get employees to make the switch in 2009, the City will not begin to realize the savings in 2009, but should realize significant savings in future years. The proposed final version of the contracts, are provided for approval as part of this agenda item. RECOMMENDED ACTION Unions It is recommended that the attached contracts with the and the City of Maplewood for , in substantially the same form and content as provided herein the years 2009 ands 2010 be approved. It is further recommended that the Acting City Manager be authorized to accept any minor revisions to such contracts if needed, which do not change any material term or condition or financial obligation of the City in order to expedite execution of the contracts by the City and the Unions. Attachment: 1. 2009-2010 Contract between City of Maplewood and Maplewood Confidential and Supervisory Association. 2. 2009-2010 Contract between City of Maplewood and Metro Supervisory Association. 3. 2009-2010 Contract between City of Maplewood and Law Enforcement Labor Services Local 173. 4. 2009-2010 Contract between City of Maplewood and Law Enforcement Labor Services Local 153. 5. 2009-2010 Contract between City of Maplewood and International Association of Firefighters Local 4470. 6. 2009-2010 Contract between City of Maplewood and International Association of Firefighters Local 4470-O. 7. 2009-2010 Contract between City of Maplewood and American Federation of State, County and Municipal Employees Council No. 5, Local 2725. 1 However, two associations representing Maplewood police also provided comparisons showing that the City of Maplewood was below the average wage scale offered to police in similarly situated cities. In accordance with a goal of keeping City of Maplewood employees at wages that rank above the average, one-time wage adjustments were made to bring the police officers and sergeants? wages up to a level consistent with the City?s other employees and its stated goal. Packet Page Number Page 49 of 216 Agenda Item L1 Supplement to Main report AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: 2009 ? 2010 Labor Contracts a) Supplemental Budget Information DATE: January 7, 2008 INTRODUCTION/SUMMARY The City Council has a report from HR Attorney Chuck Bethel recommending approval of seven labor contracts for 2009 and 2010. This encompasses all the regular full time employees for City of Maplewood, with the exception of the Acting City Manager/Public Works Director. This report provides information on the budget impacts of these contracts. Budget Information The 2009 Budget was prepared assuming that employee raises would be at 2% for 2009 with a 20% increase in health benefits. Following are the 2009 budgeted numbers: Health Care increases all funds: $1,370,840 increased 20% = $1,645,000 Wage increases all funds: $10,931,370 increased 2% = $11,150,000 The actual increases are as follows: Health Care increases all funds: $1,370,840 increased 13.9% = $1,561,470 Wage Increases all funds: $10,931,370 increased 3% = $11,259,310 Summary: Increase in wages to all funds: $11,259,310 - $11,150,000 = $ 109,310 Savings in Health Care expenses: $1,645,000 - $1,561,470 = $ 83,530 2010 Health Care savings should exceed $215,000 o Increased cost to 2009 Budget for 7 labor contracts: $ 25,780 Impact to taxes / General Fund at 74% of all funds: $25,780 X 74% = $ 19,075 Packet Page Number Page 50 of 216 2009 ? 2010 Labor Contracts Supplemental Budget Information Page Two Budget Analysis There have been a number of persons suggesting that due to the state of Minnesota?s budget crisis that there should be wage freezes and benefit reductions. Minnesota Cities that are reliant upon Local Government Aid (LGA) may indeed need to consider those measures. However, Maplewood is one of the cities that does not rely upon LGA funds. The Maplewood budget for 2009 is projected to be well within the parameters approved by the City Council. Final exact figures on the 2008 end of year report will not be available for another 60-90 days; however, a preliminary analysis of the 2008 revenues/expenses along with the unallotment by Governor Pawlenty, which included the elimination of Maplewood second half payment for Market Value Homestead Credit (MVHC), show the following indications to the General Fund: 2008 shortfall to General Fund from MVHC: $183,115 2008 shortfall in other revenues: $252,275 Total 2008 revenue shortfall from Budget Re-est $435,390 2008 estimate of expenditures below Budget Re-est $383,915 2008 difference between revenues and expenditures ($ 51,475) This $51,475 estimate indicates that the City will start 2009 with $51,475 less funds than originally budgeted in the General Fund. The impacts of the wage contracts add an additional th $19,075 deficit or about 1/10 of One Percent of the 2009 General Fund budget of $18,488,280. In addition, it is likely that the City should assume that we will not receive any of the $296,200 budgeted as revenue to the General Fund for MVHC in 2009 from the state, due to their budget problems. Thus, our projected shortfalls to the 2009 General Fund currently are: 2008 Revenue Shortfalls: ($ 51,475) 2009 Impact of Labor Contracts ($ 19,075) 2009 likely state cut to MVHC ($296,200) 2009 Expected Shortfalls: ($366,750) On September 3, 2008, the City Council received a recommendation on the use of the excess funds from the Employee Benefits Fund. These funds were used for a number of purposes, including a transfer of $348,780 for Capital Improvements in 2009, 2010 and 2011. Further discussion indicated that this fund should be used for budget shortfalls if necessary, In addition, the Council budgeted an extra $325,625 for revenue shortfalls or wage increases as part of an insurance fund for 2009 when they set the levy for 2009. The City therefore has $325,625 + $348,780 for a total of $674,405 available to address this shortfall before considering any expenditure reductions. Packet Page Number Page 51 of 216 2009 ? 2010 Labor Contracts Supplemental Budget Information Page Three Additional reductions in expenses are likely to again occur in 2009. The staff was originally not prepared to commit to any savings from the early retirement program. It now appears that approximately 7 to 10 employees will be retiring in 2009 or 2010 to take advantage of the Early Retirement Incentive Program. This will allow some permanent consolidation of positions and cost savings of $100,000+. A long term fuel contract is currently being explored that should result in savings of an additional $100,000 in fuel expenses for 2009. The staff budgets for expenditures in 2008 were approximately 98% of budget. Adding in the wage increases with expenditure savings for 2009; indicate an additional savings in 2009 without operational impacts of $400,000. These items all indicate that the Maplewood budget is well suited for this budget cycle and Maplewood should be well prepared to enter 2010 with a budget surplus and minimal need for a levy increase. Discussion As noted above and in Mr. Bethel?s report, the cost savings from the Health Care changes adopted by all the Labor groups is substantial. The savings to the City in 2009 is $83,530. Maplewood is paying less in premiums in 2009 than in 2008 by nearly $150,000 due to the health care plan changes. Much of this savings ($135,000) from the first year was offered back to the employees as incentive to sign up for the High Deductible Health Care plan. The result of the health plan changes is an expected savings to the City in 2010 of at least $215,000. Compare that City savings to the cost of an additional 1% of wage increase of $120,000. In effect, the City is not paying a 3% increase, but 1% increase in 2010 because of this savings offset. Additionally, with the reduction in raise addendum added to those union contracts that have employees that earn over $90,000.00 the cost to the City is only 0.5% and for those employees making more than $100,000, the health care revision together with the raise reduction essentially results in a zero cost increase for the City for those employees in 2010. We entered the negotiations with the bargaining groups in good faith and asked for their support for changes to the health care plan system. All of the labor groups have approved the changes and in some cases, those employees who have chosen to remain on the current health plan are paying nearly $500 out of their own pockets for this plan. Our previous contracts provided that employees on this plan would pay nothing, as it was entirely paid by the City. An employee with an annual salary of $40,000 is receiving a raise of 3% or $1,200, but if they stayed on the current health plan, he or she has committed $500 of the $1,200 to help the City pay for the increased cost of that health care plan. Packet Page Number Page 52 of 216 2009 ? 2010 Labor Contracts Supplemental Budget Information Page Four In comparing our wage increase plan with many other cities (December survey from LMC attached) the Maplewood wage increase of 3% treats our employees consistent with numerous other Cities. While successfully moving over 80% of our employees to the lowest cost High Deductible Plan will likely result in substantial decreases to our future premiums, at the very least it should assure reduced increases for years to come. In exchange, the City is providing a guaranteed wage increase approximately equivalent to numerous other communities in Minnesota. We are also exploring a voluntary leave without pay program that may reduce employee expenses by an additional 1-1.5% amount to further reduce wage expenses. Finally, these contracts are commitments by both the bargaining groups and the City for the next two years. Because the proposed current contracts provide excellent labor peace, if the City finds itself in significant budgetary problems and faces layoffs going into 2010, the City could more easily approach the unions based upon this labor peace to possibly negotiate suspended increases in exchange for other concessions such as position protection. This scenario is not projected to be either likely or recommended, but is an option the City may need to consider in the future. The approval of the Contracts is recommended. Attachment: COLA survey of various Minnesota Communities from League of Minnesota Cities Packet Page Number Page 53 of 216 COLA Increases in Alphabetical Oder Union/20092008 OrganizationStatusNon-Union% Increase% IncreaseNotes/Comments Albert Lea2.00% Albertville2.25%Plus an additional 0.5% employer match in PERA HCSP AndoverB3.00%3.00% Anoka3.00%3.00% Anoka CoA2.00%Approved 2% with a possible 0.5% more if fund available after legislative session ends Apple ValleyB3.25%3.00% Arden Hills3.00%3.00% AustinB3.00%3.00% Barnum3.00% BaxterBB3.00% BemidjiB3.00%3.00%Unless Governor reduces LGA Benton CoU3.00%3.00% BlaineBB3.50%3.50% Blue Earth Co2.00%2.00%2% on 1/1/09 and 2% on 7/1/09 Big Lake3.00%3.00% BloomingtonB3.50%3.50% Brooklyn ParkB3.00%3.00% CambridgeB3.00%3.00% Carver Co3.00%3.00%Wage Adjustment Champlin3.50% ChaskaB3.50%3.50% ChisagoA3.00%3.20% Circle PinesB3.50%3.00% Coon RapidsP3.00%3.00% Cottage GroveB3.00%3.00% CrystalAB3.00%3.00% Deer RiverB3.00% EdinaP3.50%3.50% Elk River3.00% Elko New MarketA2.00%Reviewed in 6 months FairmontB3.00% Falcon Heights3.50%3.00%Depends on Dec LGA cuts by Governor FarmingtonB3.00%3.00% Fergus Falls3.00%3.00% Forest Lake3.00%3.00% Fridley3.00%3.00% Golden Valley3.00%3.00% Ham LakeB3.00%3.00% HanoverP3.00% HastingsBN 3.00%3.00% Hopkins3.00%3.00% HutchinsonB3.00%2.70%Possible Freeze for 20009 Lakeville3.00%3.00% LindstromP3.00% Lino LakesB3.00%3.00% Little Canada3.00%For position over 50k Little Canada4.00%For positions under 50k MankatoB2.50%None of the 5 unions have settled contracts for 2009 Maple Grove3.25%3.50% MarshallB3.00%3.00% Medina3.00%3.00% Minneapolis2.50%2.5% wages, 16% fringes and 3% non-personnel Minneapolis Retirement Fd3.50% MinnetonkaB2.75%3.00% MontevideoB4.00%3.50%LELS contract not settled. MonticelloB3.00%1.00% MoorheadB3.00%2.00%An additional 0.5% of salaries for health care premiums Mosquito Control Dist3.00% MoundA3.00%3.00% Mounds View3.00%3.00% MSPMACB3.00%3.00% New BrightonBN3.00%3.00% New HopeA3.00%3.00% Northfield3.00%3.00% OakdaleB3.25%3.50% Oak Grove3.00% Oak Park HeightsU3.00%3.00% OronoB3.50%3.00% OwatonnaB3.00% Packet Page Number Page 54 of 216 Prior LakeB2.50%3.00%Unions have not settled. Ramsey3.00%3.00% Redwood Falls3.50%3.00% RichfieldP3.25%3.00% RobbinsdaleP3.00%3.00% RochesterB3.50%2.75%Last of 3 year contract or they'd be no way near that amount RogersB3.00% RosemountB2.00%2.00%2% on 1/1 & 2% 7/1 of 09. Teamsters at 3% on 1/1/09 RosevilleB3.50%3.50%Approved will be 2.5% or 3% St AnthonyB3.50%3.50% St JosephB3.00%3.25% St Louis ParkB3.00%3.00% St MichaelB3.00%3.00% St Peter2.00%2.00% Sartell3.00%3.00%Previous union contracts capped at 3% for one, other has average steps of 2.5% Sauk Rapides3.50%3.00% Scott Co1.00% Shakopee3.00%3.00% Sherburne CoAB3.00% ShoreviewP3.00%3.00% Shorewood3.00% Stillwater3.25%3.00%3% on 1/1 & 0.25% on 7/1/09 Swift CoU3.50% Three Rivers Park Dist3.00%3.00% Victoria3.00%3.00% WaconiaB2.00% Waseca3.00% Washington County HRAU3.00% West St PaulP3.00% White Bear Lake3.00%3.00%0-3% max White Bear Township3.50%3% 1/1 & 0.5% on 7/1/09 Woodbury3.00%3.00% Zimmerman3.00% AVERAGE3.00%2.98% Status; B=Budgeted, A=Approved, P=Proposed Union/Non-Union; U=Union, N=Non-Union, B=Both Columns B & C were left blank if nothing was stated. 2008 figures were from last year's similar list serve survey the City did in January 2008. Packet Page Number Page 55 of 216 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Acting Public Works Director SUBJECT: County Road D Improvements (McKnight Road to Lydia Avenue), City Project 08-20, Consider Resolution Authorizing Preliminary Report to Advance Project for 2009 Construction DATE: January 5, 2009 INTRODUCTION The City?s Capital Improvement Program currently identifies improvements to County Road D from McKnight Road to Lydia Avenue for 2012 construction. But with the possibility of local governments receiving stimulus funds in the coming months, this project is being requested for acceleration for a 2009 construction start. This also takes into consideration the possibility that staff will be available since another larger neighborhood street project has not garnered much support from residents, and there is potential for an indefinite delay, pending a public hearing tentatively scheduled in February. The city council will consider initiating the County Road D project by approving the attached resolution ordering the preparation of the feasibility study. BACKGROUND This roadway has been in need of major repairs for many years and city staff regularly receives complaints about the drivable surface condition. Maintenance crews spend a lot of time patching and potholing this section of roadway to keep it drivable. A full reconstruction of this road is warranted and this section of roadway is to be designated as a Municipal State Aid Street (MSAS) to allow for using MSAS Funds. Drainage improvements and utility repairs are likely, in addition to constructing a new bituminous trail (Lake Links) to supplement the east-west trail network in northern Maplewood. This project was originally considered as part of the County Road D improvements west of McKnight Road completed back in 2002, but due to the jurisdictional understanding at the time, White Bear Lake needed to authorize this section as MSAS, which was not done. Upon further investigation and working with Mn/DOT and White Bear Lake, Maplewood now officially has jurisdiction of the right-of-way south of TH 36 in this area. City staff is currently in the process of designating this section as a Municipal State Aid Street. Staff would initiate the project by sending an information letter to the neighborhood residents. Topographic surveys and preliminary engineering studies of the project area would begin if the project is moved forward by council. BUDGET As noted on the attached CIP Data Sheet the total project budget is $3,060,000. An initial project budget of $30,000 should be allocated for the feasibility study. Packet Page Number Page 56 of 216 RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the preparation of the feasibility study for the County Road D Improvements from McKnight Road to Lydia Avenue, Project 08-20. Attachments: 1. Resolution 2. Site Map from CIP 3. CIP Data Sheet Packet Page Number Page 57 of 216 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the County Road D, McKnight Road to Lydia Avenue, City Project 08-20, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $30,000 are appropriated to prepare this feasibility report. th Approved this 12 day of January 2009 Packet Page Number Page 58 of 216 Packet Page Number Page 59 of 216 Packet Page Number Page 60 of 216 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Acting Public Works Director Steven Love, Civil Engineer II SUBJECT: Carsgrove Meadows Area Street Improvements, City Project 08-10, Resolution Accepting Preliminary Report and Calling Public Hearing DATE: January 5, 2009 INTRODUCTION The feasibility study for the Carsgrove Meadows Area Street Improvements Project, City Project 08-10, is complete and available in the office of the city engineer. Copies will be distributed to council members prior to the meeting. The study includes information on the proposed improvements, proposed financing and probable assessments. An executive summary for the feasibility is attached to this report. The city council will consider accepting the feasibility study and ordering a public hearing. BACKGROUND The feasibility report was ordered by the council at the August 25, 2008 city council meeting. Subsequently th a letter was mailed to residents on September 4 to provide information on the council?s action that preliminary engineering activities such as soil borings and a topography survey would commence within the neighborhood. nd a letter was mailed out to residents to inform them that a consultant would be in the On September 22 area to delineate wetlands. th an informational packet was sent to all residents which contained a questionnaire, On October 8 information about the questionnaire, information about the construction process, a driveway reconstruction program pamphlet, a copy of the driveway warranty, a rain garden pamphlet, a project location map, and a cover letter addressing the project and the information contained in the packet. th An informational neighborhood meeting was held on Thursday December 11 from 5-8 P.M., at Fire Station #7. Items discussed at the neighborhood meeting included the public improvement process, the construction process, existing conditions, proposed improvements, proposed assessments, and an estimated project timeline. After the presentation residents asked questions and noted relevant concerns. Overall the proposed project was well received at the neighborhood meeting and residents feel improvements to the streets are needed. Approximately 35 residents attended, which is roughly one third of the neighborhood. A couple residents in attendance did have concerns with assessments and staff is planning to meet with these individuals if the project proceeds. Another mailing will be sent to residents prior to a public hearing to allow for another gathering which will provide an opportunity for additional input by residents and also gathering of information by staff. Response questionnaires mailed back to the city by residents will be supplied to the council prior to the council meeting. Packet Page Number Page 61 of 216 DISCUSSION The proposed project area is illustrated on the attached project location map and consists of Brooks Court, Connor Avenue lying west of Cypress Street, Connor Court, Cypress Street lying between County Road C and Connor Avenue, Demont Avenue, Forest Street, Palm Circle, and Palm Court. Street and utility improvements for these streets are listed on the City?s Capital Improvements Plan for 2009 construction. There is existing concrete curb and gutter on all of the streets with the exception of Cypress Street which has bituminous curb. The bituminous curb would be removed and replaced with new concrete curb and gutter. The full roadway including the existing concrete curb and gutter throughout the neighborhood needs to be removed and replaced as part of the street reconstruction due to the poor soil conditions, lack of an adequate existing road cross-section, and low permeability of the sub base material as detailed in the feasibility report and the geotechnical engineering report. The existing pavement section and aggregate base under all of the neighborhood streets are proposed to be removed and replaced. Also a majority of areas have poor subgrade soils that will need to be removed and replaced with a granular material to allow proper subsurface drainage in order to prevent frost action. The neighborhood streets are generally 32 feet wide and are proposed to remain the same width. City staff will be looking into narrowing Forest Street in coordination with its residents from 36 feet to 32 feet. Possible benefits associated with narrowing Forest Street include a cost savings, reduction of impervious surface, reduction of required storm water treatment area, and possibly reducing vehicle speed. There is an existing storm sewer system that services the majority of the project area. New storm structures and piping will be needed to address drainage issues and to reroute drainage to proposed water treatment areas within this basin which consists of the impaired water bodies of Kohlman and Gervais Lakes. These treatment areas in combination with constructing rainwater gardens will capture and treat pollutants. Repairs will be made to the existing structures as needed and sumps will be added to structures just upstream from treatment basin areas. Repairs to the sanitary sewer system are proposed as identified through televising of the mainline and services. Saint Paul Regional Water Services (SPRWS) does not plan on any major improvements in the project area. However, SPRWS does anticipate some minor modifications to the existing system such as gate valve adjustment/repair and removal of unused copper services. ASSESSMENTS / PAST DEVELOPER AGREEMENT Out of 111 assessable parcels in the neighborhood, 102 are at the reduced rate of $4,500. The 9 parcels along Cypress Street, that do not have concrete curb and gutter, are currently proposed at the $6,000 rate. All parcels are available for the one-time storm sewer assessment of $990. According to the developer agreement there was no waiver of future storm sewer assessments and city records do not indicate this neighborhood as being assessed previously. On exploring contributing factors to why the streets failed prematurely, it was found that the developer agreement executed in the early 1980?s allowed the developer to hire its own inspector for quality control. This likely contributed to the early street failure due to inadequate testing of support materials and poor compaction and construction methods. The materials currently supporting the street are not adequate and the poor sub grade soils were never excavated which has exacerbated the frost action effect. Packet Page Number Page 62 of 216 BUDGET The total project budget as reported in the feasibility study is $2,857,000. The project budget detailed in the City?s Capital Improvement Plan is $1,620,000. The project budget is significantly higher than the Capital Improvement Plan estimate due to the following reasons: It is stated in the Geotechnical Engineering Report that the recycled bituminous material should not be relied upon for pavement support as an aggregate base although it can be reused as sub grade fill material. New aggregate base will be required causing an increase cost to the project budget. The sub grade soils are generally poor with respect to drainage and infiltration properties. Currently the poor drainage characteristics of the sub grade soils traps water that penetrate the bituminous surface in the recycled bituminous aggregate sub grade. This further accelerates the deterioration process due to frost action. Therefore, providing adequate surface and subsurface drainage is important to limit the potential frost action effects since the sub grade soils are considered ?frost susceptible to highly frost susceptible?. The existing road cross-section will need to be fully removed and replaced with a new cross-section that includes a 2 foot sand sub cut (replaced with granular material) and installing drain tile to provide adequate subsurface drainage. This is essential to provide a more reliable road cross-section and adds a significant increase cost to the project budget. In order to perform this correction all of the concrete curb and gutter for this project will need to be removed and replaced. This represents an increase cost to the project budget. The CIP estimate was based on partial street reconstruction that entails being able to reuse aggregate base, utilizing a portion of the existing curb and gutter, and performing only limited sub grade corrections. The project estimate would have been in line with the CIP if a partial street reconstruction was performed, but unfortunately the sub grade soils did not allow for this option. With the required full reconstruction for the neighborhood streets, the following is a comparison in projection for the current feasibility and the adopted Capital Improvement Plan: FEASIBILITY 2009-2013 CIP FUNDING SOURCE RECOMMENDATIONSESTIMATE G.O. IMPROVEMENT BONDS$1,637,210$579,000 SANITARY SEWER FUND$300,000$385,600 ENVIRONMENTAL UTILITY FUND$170,000$84,000 SPECIAL ASSESSMENTS$624,390$486,000 ST. PAUL WATER$32,400$32,400 W.A.C. FUND$53,000$53,000 DRIVEWAY REPLACEMENT PROGRAM$40,000$0 TOTAL FUNDING$2,857,000$1,620,000 Over the past year the city has received favorable construction bids on several projects translating to an overall project savings as part of the Series 2008A General Obligation Bonds. It is possible that once these street improvement projects constructed in 2008 are accepted and closed the excess bond sale proceeds can be transferred into City Project 08-10 according to discussions with the finance director. This will be further explored with the assistance of the finance director. Packet Page Number Page 63 of 216 RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the report and calling for th a public hearing for 7:00 p.m., Monday, January 26, 2009, for the Carsgrove Meadows Area Street Improvements, City Project 08-10. Attachments: 1. Resolution 2. Location Map 3. Executive Summary Packet Page Number Page 64 of 216 RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING th WHEREAS, pursuant to resolution of the council adopted August 25, 2008, a report has been prepared by the city engineering division with reference to the improvement of Carsgrove Meadows Area Street Improvements, City Project 08-10, and this report was received by the th council on January 12, 2009, 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 Carsgrove Meadows Area Street 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 $2,857,000. th 2. A public hearing shall be held on such proposed improvement on the 26 day of January, 2009 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. th Approved this 12 day of January 2009 Packet Page Number Page 65 of 216 Packet Page Number Page 66 of 216 FEASIBILITY REPORT EXECUTIVE SUMMARY CARSGROVE MEADOWS AREA STREET IMPROVEMENTS PROJECT 08-10 BC,CA,CC,CS,D ROOKSOURTONNORVENUEONNOROURTYPRESSTREETEMONT A,FS,PC,PC VENUEOREST TREETALMIRCLE AND ALMOURT Project Summary This feasibility report has been prepared for the Carsgrove Meadows Area Street Improvements Project, City of Maplewood Project 08-10. The above referenced streets total approximately 1.3 miles in length. The project area is generally bounded by County Road C to the north, Gervais Avenue to the south, Cypress Street to the east, and Keller Parkway to the west. The proposed improvements include the following: 1) The full reconstruction of Brooks Court, Connor Avenue, Connor Court, Cypress Street (between Connor Avenue and County Road C), Demont Avenue, Forest Street, Palm Circle, and Palm Court. The street reconstruction will include removal and replacement of the existing aggregate base and bituminous. The street reconstruction will also include a sand sub base and a geotextile fabric. 2) Full replacement of the existing concrete curb and gutter. 3) A majority of the streets currently have existing storm sewer. Additional storm sewer will be added in a few areas to improve the existing drainage system. This will include additional catch basins and storm sewer pipe. Staff will be working with Ramsey-Washington Metro Watershed District to meet infiltration requirements. Staff will be evaluating and implementing storm water best management practices as required. As part of this project, repair and replacement of damaged sections of the existing storm sewer will be performed. 4) A small amount of sanitary sewer repair work will be necessary as part of this project as identified in the televising report. This work would entail replacement of a 10 foot section of sanitary sewer main, two services, and sealing of two sanitary sewer manholes. Individual services that are known to be causing problems for residents will be televised and replaced as needed. 5) At this time Saint Paul Regional Water Services (SPRWS) has indicated that no watermain replacements along the project streets will be needed. As a matter of maintenance, several main line water valves will need to be repaired and the removal of unused 1 inch copper services will be necessary as part of the proposed project. iv Packet Page Number Page 67 of 216 Cost The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 31.5% allowance for indirect costs. ESTIMATED PROJECT COST SUMMARY PROPOSED IMPROVEMENTSAMOUNT% STREET IMPROVEMENTS$2,201,40077% DRAINAGE IMPROVEMENTS$268,0009% SANITARY SEWER IMPROVMENTS$295,00010% WATER SYSTEM IMPROVEMENTS$52,6002% DRIVEWAY REPLACEMENT PROGRAM$40,0001% TOTAL ESTIMATE OF PROJECT COSTS$2,857,000100% Finance The improvements are proposed to be financed through a combination of special assessments to the benefiting properties, G.O. Improvement Bonds, W.A.C. funds, other City of Maplewood funds, and City of St. Paul funds. The following is a summary of the estimated financing for the proposed project. ESTIMATED PROJECT COST RECOVERY FUNDING SOURCEAMOUNT% G.O. IMPROVEMENT BONDS$1,637,21057% SANITARY SEWER FUND$300,00011% ENVIRONMENTAL UTILITY FUND$170,0006% STORM SEWER ASSESSMENTS$109,8904% STREET ASSESSMENTS$514,50018% ST. PAUL WATER$32,4001% W.A.C. FUND$53,0002% DRIVEWAY REPLACEMENT PROGRAM$40,0001% TOTAL FUNDING$2,857,000100% Schedule The following schedule may be implemented, should it be determined to proceed with the project: Receive feasibility study and order public hearing 01/12/2009 Public hearing 01/26/2009 Authorize preparation of plans and specs 01/26/2009 Approve plans and specs/authorize advertisement for bids 03/23/2009 Bid date 05/01/2009 Assessment hearing 05/11/2009 Accept bids/award contract 05/11/2009 Begin construction 06/01/2009 Assessments certified to Ramsey County 10/01/2009 Complete construction 10/31/2009 v Packet Page Number Page 68 of 216 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Acting Public Works Director Steve Kummer, Civil Engineer II SUBJECT: Castle Avenue Improvements, City Project 08-12: a. Resolution Accepting Preliminary Report and Calling Public Hearing b. Resolution Authorizing Preparation of Plans and Specifications DATE: January 5, 2009 INTRODUCTION The feasibility study for the Castle Avenue Improvements is complete and is available for review in the office of the City Engineer. Final copies of the study have been made available to the City Council. The study includes information on the proposed improvements, proposed financing and probable assessments. The City Council will consider accepting the feasibility study, ordering a public hearing, and authorizing the of plans and specifications. preparation BACKGROUND / DISCUSSION The proposed project area is illustrated on the attached project location map. Street improvements for this neighborhood are scheduled in the City?s 5-year Capital Improvement Plan for 2009 construction. A th neighborhood meeting has been scheduled for January 8 at the Maplewood Community Center to discuss the project with residents and business owners, and to address any concerns about the project or public improvement process. Due to the timeline of submittal of this report to the council, an overview on the outcome of the neighborhood meeting will be given at the next council meeting. Castle Avenue is planned for complete reconstruction. The existing pavement surface is in poor condition with severe transverse cracking and deterioration of the pavement edges. Improper sealing of the pavement surface has allowed water into the pavement section thereby allowing frost heave of underlying soils. As well, problems exist at the intersection of White Bear Avenue and Castle Avenue where Castle Avenue meets the intersection at a 35-degree tangent. Plans are being considered for the realignment of the street with the intersection while maintaining all accesses to the local businesses. Staff has already met with representatives from Goodwill and New Horizon to discuss intersection design options. The existing curb and gutter that exists on the highway side of the roadway will be repaired as necessary. Several resident requests have indicated a need for a sidewalk along the Maplewood Care Center property connecting to White Bear Avenue and a trail along the Cope Avenue right-of-way east of White Bear Avenue. The residential rainwater garden program and driveway replacement program will be continued for this project. Storm sewer and storm water treatment improvements are also proposed. Storm water runoff is currently untreated in the area, and runoff flows directly into pipes into Wicklander Pond and a the ditch south of TH 36 that carries drainage to the west. Packet Page Number Page 69 of 216 BUDGET The total project budget as reported in the feasibility study is $1,361,200.The project budget detailed in the City?s Capital Improvement Plan is $850,000. A comparison is shown in the following table: CIP FundingFeasibility Funding GO Improvement Bonds$493,500.00$422,900.00 MSA$-$401,600.00 Mn/DOT (Turnback)$75,000.00 $75,000.00 Assessments$170,000.00$251,000.00 Sanitary Sewer Fund$43,000.00$25,700.00 WAC Fund$25,500.00$25,000.00 Environmental Utility Fund$43,000.00$150,000.00 Driveways$-$10,000.00 Total$850,000.00$1,361,200.00 The project budget as identified in the feasibility study is $511,200 over the total project cost estimated in the CIP. There are couple reasons for this budget increase. The feasibility budget includes an allowance of $50,000 for the construction of berms and o landscaping along Castle Avenue, which is why the GO Improvement Bond portion slightly exceeds the CIP allocated amount. The feasibility study includes significant improvements to the alignment of the intersection of o Castle Avenue with White Bear Avenue. Included in these costs are the construction of additional drainage facilities, construction of a roundabout and right-of-way acquisition costs. The intersection improvements are estimated at $401,000 including easement/land acquisition. These costs are 100% state aid eligible, which is reflected in the feasibility funding, but not in the 2009 C.I.P. There is a possibility that city could receive the $401,000 upfront as part of a federal stimulus package currently being considered. The city has submitted this project for consideration. If the council accepts the feasibility study, staff requests the authorization to prepare the plans and specifications. Once the budget is set this would allow staff to proceed with plans and specifications in anticipation for meeting quick federal timeline standards as part of a stimulus package. RECOMMENDATION It is recommended that the City Council approve the attached resolutions accepting the report, calling for a th public hearing for 7:15 p.m. Monday, January 26, 2009, and authorizing preparation of plans and specifications for the Castle Avenue Improvement project. Attachments: 1. Resolution 2. Executive Summary 3. Location Map Packet Page Number Page 70 of 216 RESOLUTION ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING th WHEREAS, pursuant to resolution of the council adopted August 25, 2008, a report has been prepared by city staff, with reference to the improvement of the Castle Avenue Improvements, City Project th 08-12, by and this report was received by the council on January 12, 2009. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council will consider the improvement of such streets 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 $1,361,200. 2. The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A project budget of $1,361,200 shall be established. The proposed financing plan is as follows: SourceProposed Amount GO Improvement Bonds$422,900.00 MSA$401,600.00 Mn/DOT (Turnback)$75,000.00 Assessments$251,000.00 Sanitary Sewer Fund$25,700.00 WAC Fund$25,000.00 Environmental Utility Fund$150,000.00 Driveways$10,000.00 Total$1,361,200.00 th 4. A public hearing shall be held on such proposed improvement on the 26 day of January, 2009 in the council chambers of Maplewood City Hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Packet Page Number Page 71 of 216 Castle Avenue Improvements City Project 08-12 Executive Summary This feasibility report has been prepared for the Castle Avenue Improvement Project, City of Maplewood Project 08-12. The total street mileage is approximately 0.50 miles and is bounded by White Bear Avenue on the west and the City of North Saint Paul city limits on the east. The proposed improvements include the following: The full reconstruction of Castle Avenue, including the installation of concrete curb and o gutter, new bituminous pavements, recycled aggregate base, granular sub base, geo-textile fabric, and drain-tile. Installation of a trunk storm sewer system to property route storm water runoff to treatment o basins and reduce erosion. Installation of sidewalks to connect pedestrians with the Cope Avenue trail and White Bear o Avenue sidewalk. Installation of rainwater gardens, ponds, and other best management practices to filter and o improve the quality of runoff prior to its discharge into nearby lakes and ponds. Spot repairs to sanitary sewer services and minor repairs to the water main system. o Realignment of the intersection at White Bear Avenue and Castle Avenue including the o installation of traffic control devices to provide better access, vehicles movements, and traffic flow. Restoration of all disturbed areas. o The estimated costs for the proposed improvements are detailed below. These costs include a 10% construction cost contingency and a 31.5% allowance for indirect costs. Estimated Project Cost Summary Water System Improvements$ 21,000 1.5% Sanitary Sewer Improvements$ 25,700 1.9% Storm Water Drainage Improvements$ 198,300 14.6% Street Improvements$ 816,200 60.0% Land Acquisition$ 290,000 21.3% Driveway Program$ 10,000 0.7% Total Estimate (Project Costs):$ 1,361,200 100% The improvements are proposed to be financed through a combination of special assessments to the benefiting properties, G.O. Improvement Bonds, W.A.C. funds, various City of Maplewood funds, and Saint Paul Regional Water Services funds. The following is a summary of the estimated funding for the proposed project. Packet Page Number Page 72 of 216 The following schedule may be implemented, should it be determined to proceed with the project: Receive feasibility study and order public hearing January 12, 2009 Authorize preparation of plans and specs January 12, 2009 Public hearing January 26, 2009 Approve plans and specs/authorize advertisement for bids May 11, 2009 Bid date June 12, 2009 Assessment hearing June 22, 2009 Accept bids/award contract June 22, 2009 Begin construction July 6, 2009 Complete construction October 30, 2009 Assessments certified to Ramsey County October 8, 2009 Based upon the analysis completed as part of this report, the proposed Castle Avenue Improvements, City Project 08-12, are feasible, necessary, and cost effective and would be a benefit to the City of Maplewood. Packet Page Number Page 73 of 216 Packet Page Number Page 74 of 216 Agenda Item L5 SUMMARY TO: Acting City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT:Request for a Conditional Use Permit to Build a Two-Car Residential Garage on Property Zoned M1 (light manufacturing) at 2080 Prosperity Road APPLICANT: Kenneth Berwald DATE: January 2, 2009 INTRODUCTION Kenneth Berwald is requesting approval to construct a two-car garage at 2080 Prosperity Road. There is an existing garage foundation already in place which has been there for several years. A garage had never been built. The proposed garage measures 24 by 28 feet in size and totals 672 square feet. Although the property is developed with a single dwelling, it is zoned M1 (light manufacturing). City code defines this residential use as ?legal nonconforming? since it does not meet the use requirements as defined in the zoning ordinance, but was in existence prior to the M1 zoning. The city ordinance requires approval of a conditional use permit (CUP) to expand a nonconforming use. The proposed garage would be 215 feet from the nearest residential district, which would also require a conditional use permit (CUP) from the city council. Section 44-637(b) states that, in a M1 district, a CUP is required for any building within 350 feet of a residential district. Request Mr. Berwald is requesting that the city council approve a CUP to allow the expansion of a nonconforming use?the construction of a residential garage on property zoned M1. DISCUSSION The addition of a two-car garage would not be a deterrent to the eventual redevelopment of this property as light manufacturing. RECOMMENDATION Adopt the resolution approving a conditional use permit to construct a 24 by 28 foot, two-car garage at 2080 Prosperity Road. p:sec15\Berwald Garage Proposal Summary 11 08 te Packet Page Number Page 75 of 216 MEMORANDUM TO: Acting City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT:Request for a Conditional Use Permit to Build a Two-Car Residential Garage on Property Zoned M1 (light manufacturing) at 2080 Prosperity Road APPLICANT: Kenneth Berwald DATE: January 2, 2009 INTRODUCTION Kenneth Berwald is requesting approval to construct a two-car garage at 2080 Prosperity Road. There is an existing garage foundation already in place which has been there for several years. A garage had never been built. The proposed garage measures 24 by 28 feet in size and totals 672 square feet. Although the property is developed with a single dwelling, it is zoned M1 (light manufacturing). City code defines this residential use as ?legal nonconforming? since it does not meet the use requirements as defined in the zoning ordinance, but was in existence prior to the M1 zoning. The city ordinance requires approval of a conditional use permit (CUP) to expand a nonconforming use. The proposed garage would be 215 feet from the nearest residential district, which would also require a conditional use permit (CUP) from the city council. Section 44-637(b) states that, in a M1 district, a CUP is required for any building within 350 feet of a residential district. Request Mr. Berwald is requesting that the city council approve a CUP to allow the expansion of a nonconforming use?the construction of a residential garage on property zoned M1. DISCUSSION Conditional Use Permit Residential Use in M1 District Section 44-12(e) of the city ordinances states: ?No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: (1) required by law or government order; or (2) There would not be a significant effect, as determined by the city through a conditional use permit, on the development of the parcel of land. Packet Page Number Page 76 of 216 In this case, the addition of a two-car garage would not be a deterrent to the eventual redevelopment of this property as light manufacturing. It should also be understood that, in the proposed comprehensive plan update, this property would be reclassified as Mixed Use, which would be a combination of residential and commercial. Staff feels that the proposed two-car garage would not deter the future commercial or mixed-use development of this property. Proximity to Residential District There would not be any impact on the proposed garage on the nearest residential district. The code is intended to protect residential properties from any potential negative impact from nearby industrial development. In this case, even though the property proposed for the construction of the garage is zoned M1, the proposal fits in with existing single-family development in this neighborhood. Garage Design The proposed garage has a typical design and would fit the site and the neighborhood. Garage Size The proposed garage would total 672 square feet in area. This would comply with the size requirements for a residential property over 42,000 square feet in area (this site is two acres in area or 87,120 square feet). The city code allows a total of 2,250 square feet of detached outbuildings on a lot this size. The total of the two existing sheds and the proposed garage (288 + 360 + 672 square feet) would equal only 1,320 square feet. Building Code Issues Dave Fisher, the Maplewood Building Official, stated the following: The city will require a complete building plan when the applicant makes their submittal for a building permit. The applicant shall verify that the existing slab has the minimum thickness of six to twelve inches of footing depth around the perimeter of where the new garage would be placed. COMMITTEE ACTIONS December 2, 2008: The planning commission recommended approval of this CUP. 2 Packet Page Number Page 77 of 216 RECOMMENDATION Adopt the resolution approving a conditional use permit to construct a 24 by 28 foot, two-car garage at 2080 Prosperity Road. Approval is because: 1. There would not be a significant effect on the redevelopment of the parcel as it is currently zoned (light manufacturing). 2. There would be no negative impact on the surrounding properties that are zoned for residential use. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Community Development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall verify that the existing slab has the minimum thickness of six to twelve inches of footing depth around the perimeter of where the new garage would be placed. 3 Packet Page Number Page 78 of 216 REFERENCE INFORMATION SITE DESCRIPTION Site size: two acres Existing Use: Single Dwelling and two sheds SURROUNDING LAND USES North: Undeveloped property zoned M1 and owned by the applicant South: Gateway Trail East: A commercial building on property zoned M1 and owned by the applicant West: Prosperity Road and Excel Air Systems PLANNING Land Use Plan: M1 (light manufacturing) Zoning: M1 (light manufacturing) Applicable Ordinances Section 44-12(e) of the city ordinances states: ?No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: required by law or government order; or There would not be a significant effect, as determined by the city through a conditional use permit, on the development of the parcel of land. Section 44-637(b) states that, in an M1 district, a CUP is required for any building within 350 feet of a residential district. Criteria for Conditional Use Permit Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. See findings 1-9 in the resolution. APPLICATION/DECISION DEADLINE We received the complete application and plans for this proposal on October 30, 2008. State law requires that the city take action within 60 days of receiving complete applications. The deadline for city council review, therefore, was December 29, 2008, but staff extended this review period an additional 60 days under the provisions of the state statute. The deadline for city council approval is now February 27, 2009. 4 Packet Page Number Page 79 of 216 p:sec15\Berwald Garage Proposal CUP 11 08 #2 te Attachments 1. Location Map 2. Zoning Map 3. Site Plan 4. Garage Proximity Map 5. Proposed Garage Design 6. Letter of request dated October 30, 2008 7. Conditional Use Permit Resolution 5 Packet Page Number Page 80 of 216 Attachment 1 John Glenn Middle School PROPOSED SITE Location Map 2080 Proserity Road Packet Page Number Proposed 2-Car Garage Page 81 of 216 page #2 Attachment 2 bc bc r1 r1 r2 r2 John Glenn Middle School r1 r1 r2 r2 m1 PROPOSED m1 SITE na na r1 r1 Zoning Map 2080 Proserity Road Packet Page Number Proposed 2-Car Garage Page 82 of 216 page #2 Packet Page Number Page 83 of 216 Packet Page Number Page 84 of 216 Packet Page Number Page 85 of 216 Packet Page Number Page 86 of 216 Attachment 7 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Kenneth Berwald applied for a conditional use permit to build a two-car garage on property the City of Maplewood has zoned M1 (light manufacturing). WHEREAS, Section 44-12(e) of the city ordinances states that: ?No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: required by law or government order; or There would not be a significant effect, as determined by the city through a conditional use permit, on the development of the parcel of land. WHEREAS, Section 44-637(b) states that, in an M1 district, a CUP is required for any building within 350 feet of a residential district. WHEREAS, this permit applies to the property located at 2080 Prosperity Road. The legal description is: SABIN GARDEN LOTS PART OF LOTS 4, 5 & 6 BLK 6 DESCRIBED AS COMMENCING AT SW CORNER OF SAID LOT 6 NORTHEASTERLY ON WESTERLY LINE OF SAID LOT 6 FOR 28 FEET TO BEGINNING; THENCE SOUTHEASTERLY PARALLEL TO SOUTHERLY LINE OF SAID LOT 6 FOR 391.56 FEET THENCE NORTHEASTERLY DEFLECT LEFT 90 DEGREES FOR 263.26 FEET THENCE NORTHWESTERLY DEFLECT LEFT 90 DEGREES FOR 270.39 FEET TO THE POINT ON WESTERLY LINE. WHEREAS, the history of this conditional use permit is as follows: 1. On December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On ____________, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. Packet Page Number Page 87 of 216 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. 9. 10. There would not be a significant effect on the redevelopment of the parcel as it is currently zoned (light manufacturing). 11. There would be no negative impact on the surrounding properties that are zoned for residential use. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Community Development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall verify that the existing slab has the minimum thickness of six to twelve inches of footing depth around the perimeter of where the new garage would be placed. The Maplewood City Council __________ this resolution on ___________. Packet Page Number Page 88 of 216 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, DECEMBER 02, 2008 V. PUBLIC HEARING b. 7:15 p.m. ? Kenneth Berwald Conditional Use Permit for a residential garage at 2080 Prosperity Road Planner Ekstrand presented the staff report for this request to construct a two-car garage measuring 24 by 28 feet in size at 2080 Prosperity Road. Mr. Ekstrand said there is an existing garage foundation already in place which has been there for several years. Mr. Ekstrand explained that the property has a single dwelling that existed prior to the (M1) light manufacturing zoning designation. Mr. Ekstrand said that city code requires a conditional use permit to expand a nonconforming use, in this case, the construction of a residential garage on property that is zoned M1. Commissioners asked if the size of the proposed garage meets city code requirements. Planner Ekstrand explained what city code allows for storage for this residential lot size and that this proposed garage will easily meet city code requirements. Mr. Ekstrand said the proposed land use designation in the comprehensive plan update for this property is as mixed use and this should not be a deterrent for future development of this property. Commissioner Hess asked staff if a constructed garage was planned to be moved onto this site. Mr. Ekstrand explained the initial application was for a building relocation, but since the application that garage was sold to another person. Mr. Berwald then decided to build a new garage. Kenneth Berwald, the applicant for this proposal, said the previous homeowner originally installed the garage slab. He said the garage slab had thickened edges and should meet building code requirements. Commissioner Fischer asked Mr. Berwald if he was in agreement with the conditions of the staff report. Mr. Berwald said he is in agreement with the conditions. The public hearing was opened for comments from the public. There were no comments; the public hearing was closed. Commissioner Boeser moved adoption of the resolution approving a conditional use permit to construct a 24- by 28-foot, two-car garage at 2080 Prosperity Road. Approval is because: 1. There would not be a significant effect on the redevelopment of the parcel as it is currently zoned light manufacturing. 2. There would be no negative impact on the surrounding properties that are zoned for residential use. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Community Development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. Packet Page Number Page 89 of 216 Planning Commission -2- Minutes of 12-02-08 3. The city council shall review this permit in one year. 4. The applicant shall verify that the existing slab has the minimum thickness of six to twelve inches of footing depth around the perimeter of where the new garage would be placed. 5. The garage shall be designed as a typical residential two-car garage and shall be subject to staff approval. Commissioner Yarwood seconded Ayes ? all The motion passed. Packet Page Number Page 90 of 216 Agenda Item L6 SUMMARY TO: Acting City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Maplewood Toyota Utility Easement Vacations at 2905 Maplewood Drive DATE: January 2, 2009 INTRODUCTION The property at 2905 Maplewood Drive (Highway 61), located at the northwest corner of Beam Avenue and Maplewood Drive, currently has four public utility easements located at the southwest corner of the property. Within these easements lie storm sewer, sanitary sewer, and water main lines. These easements currently abut each other adjacent to the northerly road right-of-way of Beam Avenue. Among these easements there is a gap in easement coverage. This was discovered during the Beam Avenue improvements this past summer in anticipation for development of the former Country View Golf Course property, the future Carmax site. Refer to the attachments. Request The Public Works Department is requesting that the city council vacate the four public utility easements mentioned above. City staff is recommending that a new utility easement be dedicated by the owner of Maplewood Toyota to cover the existing utilities. This new easement would replace the four existing utility easements and eliminate the gap in coverage. DISCUSSION Staff recommends that vacation of the easements be conditioned upon the recording of a new easement to make sure there is no lapse in the coverage for the existing utilities. Steve McDaniels, owner of Maplewood Toyota, has agreed to this and has already submitted this document to be recorded pending council action. RECOMMENDATION Adopt the resolutions vacating the four utility easements north of Beam Avenue at 2905 Maplewood Drive. p:sec4\Maplewood Toyota Easement Vacations Summary 1 09 #2 Packet Page Number Page 91 of 216 MEMORANDUM TO: Acting City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Maplewood Toyota Utility Easement Vacations at 2905 Maplewood Drive DATE: January 2, 2009 INTRODUCTION The property at 2905 Maplewood Drive (Highway 61), located at the northwest corner of Beam Avenue and Maplewood Drive, currently has four public utility easements located at the southwest corner of the property. Within these easements lie storm sewer, sanitary sewer, and water main lines. These easements currently abut each other adjacent to the northerly road right-of-way of Beam Avenue. Among these easements there is a gap in easement coverage. This was discovered during the Beam Avenue improvements this past summer in anticipation for development of the former Country View Golf Course property, the future Carmax site. Refer to the attachments. Request The Public Works Department is requesting that the city council vacate the four public utility easements mentioned above. City staff is recommending that a new utility easement be dedicated by the owner of Maplewood Toyota to cover the existing utilities. This new easement would replace the four existing utility easements and eliminate the gap in coverage. BACKGROUND Parking Ramp Approval On August 8, 2005, the city council approved a conditional use permit and design plans for the parking ramp on this site. Findings for Approval To vacate an easement, the city council must find that it is in the public interest. Packet Page Number Page 92 of 216 DISCUSSION Staff recommends that vacation of the easements be conditioned upon the recording of a new easement to make sure there is no lapse in the coverage for the existing utilities. Steve McDaniels, owner of Maplewood Toyota, has agreed to this and has already submitted this document to be recorded pending council action. COMMITTEE ACTIONS December 2, 2008: The planning commission recommended approval of the proposed easement vacations. RECOMMENDATION Adopt the resolutions vacating the four utility easements north of Beam Avenue at 2905 Maplewood Drive. Approval of these vacations is because it would be in the public interest, since they currently provide a gap in utility easement coverage. Approval of these vacations shall be conditioned upon the owner of Maplewood Toyota rededicating a new easement that fully covers the utilities in question. 2 Packet Page Number Page 93 of 216 REFERENCE INFORMATION SITE DESCRIPTION Site size: 2 62 acres Existing Use: Maplewood Toyota sales lot and parking ramp SURROUNDING LAND USES North: Maplewood Toyota building South: Beam Avenue and Maplewood Toyota?s main building East: Highway 61 and the former Country View Golf Course property West: A single-family dwelling owned by Maplewood Toyota PLANNING Land Use Plan: M1 (light manufacturing) Zoning: M1 APPLICATION DATE There was no actual date of application since this request was initiated by the city?s engineering staff. There is no set deadline, therefore, for final action by the city council. p:sec4\Maplewood Toyota Easement Vacations Memo 1 09 #2 Attachments: 1. Location Map 2. Site Plan 3. Map Showing Existing Utility Easements 4. Map Showing Proposed Utility Easement 5. Vacation Resolution #1 6. Vacation Resolution #2 7. Vacation Resolution #3 8. Vacation Resolution #4 3 Packet Page Number Page 94 of 216 Attachment 1 Gulden's LaMettry Collission PROPOSED SITE Parking Ramp & Car Sales Location Map Maplewood Toyota Packet Page Number Page 95 of 216 page #2 Packet Page Number Page 96 of 216 Packet Page Number Page 97 of 216 Packet Page Number Page 98 of 216 Attachment 5 EASEMENT VACATION RESOLUTION WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 2905 Maplewood Drive. This easement is described as follows: Document No. 2428118. A permanent easement for public utilities over, across and through that part of the South 350 feet of the West 115 feet of the East 723.4 feet of the Southeast Quarter of the Northeast Quarter of Section 4,Township 29, Range 22. Said easement being described as the North 30 feet of the South 63 feet of the aforesaid property subject to Beam Avenue and easements of record. WHEREAS, on December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on ______________, the city council _________ this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city ___________ this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council ________ this resolution on __________. Packet Page Number Page 99 of 216 Attachment 6 EASEMENT VACATION RESOLUTION WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 2905 Maplewood Drive. This easement is described as follows: Document No. 2182862. A permanent easement for underground utilities over, across and through the following described property, to wit: That part of the South 253.0 feet of the East 608.4 feet of the Northeast ¼ of Section 4, Township 29, Range 22. Lying West of S.T.H. 61 that lies 10 feet on either side of the following described center line, to wit: Beginning at a point in the South line of the NE ¼ said Section 4, 468.4 feet West of the East line thereof; thence North 33 feet to a point in the North right-of-way line of Beam Avenue; thence Northwesterly to a point in the West line of the East 608.4 feet of the NE ¼, said Section 4, that lies 73 feet North of the South line of the NE ¼, said Section 4, and there terminating. WHEREAS, on December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on ______________, the city council _________ this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city __________ this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council ________ this resolution on __________. 2 Packet Page Number Page 100 of 216 Attachment 7 EASEMENT VACATION RESOLUTION WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 2905 Maplewood Drive. This easement is described as follows: Document No. 2173015. A permanent easement for the construction and maintenance of underground utilities, and their appurtenances, over, under, across and through the following described property, to wit: That part of the South 350 feet of the West 115 feet of the East 723.4 feet of the Southeast ¼ of the Northeast ¼ that lies 10 feet on either side of a line running parallel to and 73 feet North of the South line of said Southeast ¼ of the Northeast ¼, Section 4, Township 29N, Range 22W, Ramsey County, Minnesota, according to the U.S. Government Survey thereof. WHEREAS, on December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on ______________, the city council _________ this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city __________ this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council ________ this resolution on __________. 3 Packet Page Number Page 101 of 216 Attachment 8 EASEMENT VACATION RESOLUTION WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 2905 Maplewood Drive. This easement is described as follows: Document No. 772664. Parcel No. 2: 2905 Maplewood Drive, Maplewood, Minnesota 55109 A permanent easement for the construction and maintenance of underground utilities, and their appurtenances, over, under, across and through the following described property, to wit: That part of the South 350 feet of the West 115 feet of the East 723.4 feet of the Southeast ¼ of the Northeast ¼ that lies 10 feet on either side of a line running parallel to and 73 feet North of the South line of said Southeast ¼ of the Northeast ¼, Section 4, Township 29N, Range 22W, Ramsey County, Minnesota, according to the U.S. Government Survey thereof. Together with: A temporary construction easement to expire December 31, 1981 for the purpose of constructing underground utilities and their appurtenances, over, under, across and through the following described property, to wit: That part of the first above described tract lying 10 feet on either side of the previously described permanent easement. WHEREAS, on December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on ______________, the city council _________ this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city __________ this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council ______ the above- described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council ________ this resolution on __________. 4 Packet Page Number Page 102 of 216 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, DECEMBER 02, 2008 V. PUBLIC HEARING a. 7:02 p.m. ? Maplewood Toyota Utility Easement Vacations at 2905 Maplewood Drive Planner Tom Ekstrand presented the staff report for this request by the city?s public works department for a vacation of four utility easements for storm sewer, sanitary sewer and water main lines at the southwest corner of Beam Avenue and Highway 61. This request is due to a gap in easement coverage that was discovered during the Beam Avenue improvements this past summer. Mr. Ekstrand said the easements abut each other adjacent to the northerly road right-of-way of Beam Avenue. Planner Ekstrand noted that Steve McDaniels, owner of Maplewood Toyota, is in full agreement with this request and has already submitted the new easements for recording after the city council has approved these vacations. The commission discussed discrepancies of addressing on various staff documents for Maplewood Toyota which listed both Maplewood Drive and Beam Avenue. Planner Ekstrand said he would check to ensure that the correct address is used on all of the documents. The public hearing was opened for comments from the public. There were no comments from the public; the public hearing was closed. Commissioner Yarwood moved adoption of the resolutions vacating the four utility easements north of Beam Avenue at 2905 Maplewood Drive. Approval of these vacations is because it would be in the public interest, since they currently provide a gap in utility easement coverage. Approval of these vacations shall be conditioned upon the owner of Maplewood Toyota rededicating a new easement that fully covers the utilities in question. Commissioner Hess seconded Ayes - all The motion passed. Packet Page Number Page 103 of 216 Item L-7 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: January 7, 2009 RE: 2009 City Council Appointments At its first meeting of the year the City Council officially makes annual appointments to boards, commissions and organizations of which the City is a member and to those who serve at the pleasure of the Council. The following appointments are for your consideration. Appointment 2008 Appointments 2009 Appointments City Attorney H. Alan Kantrud Contract until 12-31-09 Prosecuting Attorney H. Alan Kantrud Contract until 12-31-09 Human Resources Attorney Chuck Bethel Contract until 12-31-09 Bethel & Associates Acting Mayor * Erik Hjelle *Rotation of acting mayors: 2005 Will Rossbach, 2006 Kathleen Juenemann, 2007 Rebecca Cave, 2008 Erik Hjelle Data Compliance Officers: Responsible Authority Karen Guilfoile City Personnel Officer Terry Rameaux City Law Enforcement Officer David Thomalla Official Newspaper Maplewood Review Pioneer Press (Alternate) Community Design Review Board John Nephew Tom Ekstrand (Staff Liaison) ndth (2 & 4 Tuesday 7:00 p.m.) Environment & Natural Kathleen Juenemann Resources Commission DuWayne Konewko (Staff Liaison) Shawn Finwall (Staff Liaison) st (1 Wednesday of the Month) Packet Page Number Page 104 of 216 Historical Preservation Diana Longrie Commission Shawn Finwall (Staff Liaison) David Fischer (Staff Liaison) rd (3 Thursday at 7:00 p.m.) Parks & Recreation Will Rossbach Commission DuWayne Konewko (CIP & Maint.) DuWayne Konewko (CD.) Doug Taubman (Rec. Programs) Doug Taubman (Rec. Prog & Maint) rd (3 Wednesday at 7:00 p.m.) Planning Commission John Nephew Ken Roberts (Staff Liasion) Tom Ekstrand (Staff Liaison) strd (1 & 3 Tuesdays at 7:00 p.m.) Police Civil Service Commission Kathleen Juenemann Terrie Rameaux (Meets as Needed) 800 MHz Representative Kathleen Juenemann Will Rossbach (Alternate) Fire Relief Association Diana Longrie Relief By-Laws require Mayor Robert Mittet (Staff Liasion) to be member of the Board Housing & Redevelopment Diana Longrie Authority Tom Ekstrand (Staff Liasion) nd (2 Wednesday at 7:00 p.m.) Joint Ice Arena Board Erik Hjelle Diana Longrie Municipal Legislative Commission Diana Longrie Kathleen Juenemann (Alternate) (Monthly, Wed. 11:30 a.m.?1:00 p.m.) N.E.S.T Will Rossbach Diana Longrie (First Tuesday @ 7:30 p.m.) The Partnership John Nephew Mike Shortreed (Staff Liasion) Ramsey County League Will Rossbach of Local Governments John Nephew (Alternate) Ramsey/Washington Kim Facile Suburban Cable Commission John Nephew (Alternate) Rush Line Corridor Will Rossbach Diana Longrie Chuck Ahl (Staff Liasion) Packet Page Number Page 105 of 216 Suburban Area Chamber Diana Longrie of Commerce Suburban Rate Authority Diana Longrie (First month of quarter) St. Paul Water Utility Will Rossbach Board of Commissioners Auditor Contact John Nephew Diana Longrie (Alternate) Packet Page Number Page 106 of 216 Item L-8 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Karen Guilfoile, Director, Citizen Services DATE: January 6, 2009 RE: Council Policy and Procedure Manual ? Annual Revision Review Introduction TheCity Council Rules of Procedure for City Council and Council Meetings is reviewed annually for any changes and or requested updates. A copy of the current manual is attached for your review and incorporates changes that were made throughout 2008. Background In preparing the manual for your consideration, there are a couple of unresolved items from 2008 that need your attention. The first one concerns the use of city buildings. The minutes from the carryover of the February 11, 2008 meeting follow: L. 7. Revision of Rules and Procedures for City Council and Council Meetings Manual. (Carried over from 2-25-08) Mayor Longrie moved to recommend the city council chambers and city buildings will be made available for non-partisan political meetings, non-political town hall meetings, citizen oriented forums, workshops or neighborhood meetings sponsored by the city and candidate forums at no charge for a maximum use of four hours during periods when not otherwise required for city business and when a building custodian is scheduled to be on the premises. Seconded by Councilmember Rossbach. Mayor Longrie withdrew her motion after a lengthy discussion regarding the original motion. Councilmember Rossbach withdrew his second. Mayor Longrie moved to recommend that based on the council discussion the council directs staff to craft the proper language for revising the Rules and Procedures for City Council and the Council Meetings Manual and bring it back to the council for review within one month. Seconded by Councilmember Hjelle. Ayes ? All Packet Page Number Page 107 of 216 The current policy follows: D. Other Matters The council chambers will be made available for non-partisan political meetings, non- political town hall meetings and candidate forums at no charge for a maximum use of 4 hours during periods when not otherwise required for City business and when a building custodian is scheduled to be on the premises. Staff has reviewed the current policy and recommends no changes. The second item is in regards to pictures of the city council appearing in the city news and on the city website. This was discussed at the March 10, 2008 meeting. Revision of Rules and Procedures for City Council and Council Meetings Manual. K.2. Councilmember Nephew moved to recommend that item K 2 - number 3. A City website or publication must not include pictures or other materials that tend to attribute the website or publication to an individual or group of individuals be further researched by City Attorney, Alan Kantrud for the state statute and be brought back before the council for further discussion. Seconded by Councilmember Hjelle. Ayes - All I have been provided the following information from City Attorney Kantrud regarding council pictures as follows: PUBLIC WEB SITES AND PUBLICATIONS 10.60 PUBLIC WEB SITES AND PUBLICATIONS. Definitions. Subdivision 1. For purposes of this section: (1) "political subdivision" means a county, statutory or home rule charter city, town, school district, or other municipal corporation, and the Metropolitan Council and a metropolitan or regional agency; (2) "publication" means a document printed with public money by an elected or appointed official of a state agency or political subdivision that is intended to be distributed publicly outside of the state agency or political subdivision; (3) "state agency" means an entity in the executive, judicial, or legislative branch of state government; and (4) "Web site" means a site maintained on the World Wide Web that is available for Packet Page Number Page 108 of 216 unrestricted public access and that is maintained with public money by an elected or appointed official of a state agency or political subdivision. Purpose of Web site and publications. Subd. 2. The purpose of a Web site and a publication must be to provide information about the duties and jurisdiction of a state agency or political subdivision or to facilitate access to public services and information related to the responsibilities or functions of the state agency or political subdivision. Prohibitions. Subd. 3. (a) A Web site or publication must not include pictures or other materials that tend to attribute the Web site or publication to an individual or group of individuals instead of to a public office, state agency, or political subdivision. A publication must not include the words "with the compliments of" or contain letters of personal greeting that promote an elected or appointed official of a state agency or political subdivision. (b) A Web site, other than a Web site maintained by a public library or the election-related Web site maintained by the Office of the Secretary of State or the Campaign Finance and Public Disclosure Board, may not contain a link to a Weblog or site maintained by a candidate, a political committee, a political party or party unit, a principal campaign committee, or a state committee. Terms used in this paragraph have the meanings given them in chapter 10A, except that "candidate" also includes a candidate for an elected office of a political subdivision. Permitted material. Subd. 4. (a) Material specified in this subdivision may be included on a Web site or in a publication, but only if the material complies with subdivision 2. This subdivision is not a comprehensive list of material that may be contained on a Web site or in a publication, if the material complies with subdivision 2. (b) A Web site or publication may include biographical information about an elected or appointed official, a single official photograph of the official, and photographs of the official performing functions related to the office. There is no limitation on photographs, Webcasts, archives of Webcasts, and audio or video files that facilitate access to information or services or inform the public about the duties and obligations of the office or that are intended to promote trade or tourism. A state Web site or publication may include photographs or information involving civic or charitable work done by the governor's spouse, provided that these activities relate to the functions of the governor's office. (c) A Web site or publication may include press releases, proposals, policy positions, and other information directly related to the legal functions, duties, and jurisdiction of a public official or organization. (d) The election-related Web site maintained by the Office of the Secretary of State shall provide links to: (1) the campaign Web site of any candidate for legislative, constitutional, judicial, or federal office who requests or whose campaign committee requests such a link and provides in writing a valid URL address to the Office of the Secretary of State; and Packet Page Number Page 109 of 216 (2) the Web site of any individual or group advocating for or against or providing neutral information with respect to any ballot question, where the individual or group requests such a link and provides in writing a valid Web site address and valid e-mail address to the Office of the Secretary of State. These links must be provided on the election-related Web site maintained by the Office of the Secretary of State from the opening of filing for the office in question until the business day following the day on which the State Canvassing Board has declared the results of the state general election, or November 30 of the year in which the election has taken place, whichever date is earlier. The link must be activated on the election-related Web site maintained by the Office of the Secretary of State within two business days of receipt of the request from a qualified candidate or committee. Other standards. Subd. 5. This section does not prohibit a state agency or political subdivision from adopting more restrictive standards for the content of a Web site or publication maintained by the agency or political subdivision. Enforcement. Subd. 6. Violation of this section is not a crime and is not subject to civil penalty. Recommendation Direct staff to make the appropriate changes to the City Council Rules of Procedure for Council Meetings and Council Administrative Policiesas decided by the council. Packet Page Number Page 110 of 216 Revised 2009 City of Maplewood Rules of Procedure for City Council and Council Meetings Packet Page Number Page 111 of 216 Revised 2009 CITY OF MAPLEWOOD RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS TABLE OF CONTENTS PAGE Section 1 Meetings.......................................................................................................1 Section 2 Agenda for Regular Meetings and Council Manager Workshop.................3 Section 3 Limitation on Council Action..................................................................... 3 Section 4 Minutes........................................................................................................4 Section 5 Duties of the Presiding Officer....................................................................4 Section 6 Rules of Debate............................................................................................5 Section 7 Addressing the Council................................................................................6 Section 8 General Rules of Order................................................................................6 Section 9 Decorum and its Enforcement???????? ????????..6 Section 9 Rules of Civility for Our Community..........................................................6 Section 10 Ordinances, Resolutions, Motions and Reports...........................................7 Section 11 Conduct of City Employees at Council Meetings........................................8 Section 12 Waiver..........................................................................................................8 Section 13 Adjournment................................................................................................8 Section 14 Council Administrative Policies........................................................9 & 10 Packet Page Number Page 112 of 216 Section 1 MEETINGS A. Regular The City Council shall hold regular meetings on the second and fourth Mondays of each month at 6:30 p.m., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Tuesday, not a holiday, unless authorized by the City Council. B. Special The Mayor or any two members of the Council by writing filed with the City Clerk may call a special meeting. A special meeting is a meeting that is held at a time or location different from that of a regular meeting. The city will post written notice of a special meeting on the principal bulletin board, located at the entrance of city hall. The notice will state the date, time, place and purpose of the meeting. The city manager, or his Deleted: The city clerk office will mail notice of the special meeting to all designee will notify each member of the city council of the special meeting councilmembers at least one day before by e-mail at least one day before the scheduled meeting. the meeting.¶ In calculating the number of days for providing notice, the first day that the notice is given will not be counted and the last of the notice will be counted. If the last day is a Saturday, Sunday or a legal holiday, that day is omitted from the calculation and the following day is considered the last day, unless it happens to be a Saturday, Sunday or a legal holiday. Except for trivial matters, business transacted at a special meeting shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council sign waivers of notice to such meeting and said waivers shall be filed with the City Clerk. Emergency Meetings ? An ?emergency meeting? is a special meeting to deal with a matter that requires immediate consideration of the city council. Posted or published notice of an emergency meeting is not required. However, the city must make a good faith effort to notify each news medium that has filed a written request for notice. Notice must be given by 1 Packet Page Number Page 113 of 216 telephone or any other method to notify members of the city council. The notice must include the subject of the meetings. C. Place All meetings shall be held in the Council Chambers of the Maplewood City Municipal Building unless there is a posted and/or published notice designating another location. D. Presiding Officers The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Council members shall elect one of their members as temporary chairperson. E.Quorum Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may convene from time to time. F. Order of Business At the hour appointed for meeting, the members shall be called to order by the Mayor or in his/her absence by the Acting Mayor. Upon the appearance of the quorum, the Council shall proceed to business which shall be conducted in the established order: A. Call to Order B. Pledge of Allegiance C. Roll Call D. Approval of Agenda E. Approval of Minutes G. Visitor Presentation ? Part I H. Administrative Presentations I. Council Presentations J. Appointments and Presentations K. Public Hearings L. Unfinished Business M. New Business N. Consent Agenda M. Award of Bids 2 Packet Page Number Page 114 of 216 O. Visitor Presentation ? Part II P. Adjournment G. Curfew No additional agenda item will be discussed after 11:00 p.m. Meetings adjourned under this policy will be continued on the next Thursday at 5:00 p.m. The continued meeting will begin at the point on the agenda where the adjournment occurred. No new items will be added to the continued meeting agenda. A majority of the Council may extend the meeting beyond the 11:00 p.m. curfew. H. First Regular Meeting of the Year At the first regular Council meeting in January of each year, the Council shall (1) designate the official newspaper, (2) choose an Acting Mayor on a rotating basis from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and (3) make other annual appointments as required. Section 2 AGENDA FOR REGULAR MEETING A. All matters to be submitted to the Council shall be filed no later than 12:00 noon on the Monday prior to the Monday Council meeting at which consideration is desired, and shall be delivered to the City Manager, or in his/her absence, the City Clerk. In unusual circumstances and when the matter does not require investigation, an item may be accepted after the deadline upon the approval of the City Manager. B. Except for trivial matters, no item or business shall be considered for action by the Council, which does not appear on the agenda for the meeting, except an item of urgent business, which requires immediate action and is so determined by a majority of the Council. The Council will hear all reasonable citizen petitions, requests and statements; however, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action, other than filing, is required or requested. The Mayor and each Council member shall be provided with a copy of the agenda, minutes of the previous meeting, any other reports and information 3 Packet Page Number Page 115 of 216 pertinent to the agenda at least forty-eight (48) hours prior to each regular unless authorized by the City Manager. Council meeting No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been presented to the City Manager for inclusion on the agenda. AGENDA FOR COUNCIL MANAGER WORKSHOP A. All matters to be submitted for the Council Manager Workshop shall be filed no later that 12:00 noon on the Monday prior to the Workshop and shall be delivered to the City Manager, or in his/her absence, the City Clerk. Workshops are held at 5:00 p.m. prior to regularly scheduled Council meetings. The Council Manager Workshop is designed to look in-depth into upcoming issues, interviewing commission and board members, and meeting and discussing issues with other civic leaders. Council Manager Workshop is a regularly scheduled meeting. Section 3 LIMITATION ON COUNCIL ACTION The Council shall only take action at regularly scheduled meetings, or special meetings, called pursuant to Section 1, unless all Council members are present at the time the action is taken. Regular meetings do not include meetings with public bodies in joint or cooperative sessions. All Council actions shall conform to the requirements of the open meeting law. Section 4 MINUTES A. The City Clerk or Acting City Clerk shall keep a record of all regular Council meetings. B. Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if each member has previously been provided a copy. C. The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting. 4 Packet Page Number Page 116 of 216 Section 5 DUTIES OF THE PRESIDING OFFICER The Presiding Officer shall preserve strict order and decorum at all meetings of the Council. He/She shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all questions or order; subject however, to an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions of order. He/She shall vote on all questions and on a roll call vote rotate the order in which votes are cast. Section 6 RULES OF DEBATE A. The Mayor, or other Presiding Officer, may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council member by reason of his acting as the Presiding Officer. B. Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself/herself to the question under debate avoiding all personalities and indecorous language. C. A member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order or to vote on a motion to close a debate, or as herein otherwise provided. If a member, while speaking, is ruled out of order, the member shall cease speaking until the question of order is determined and if in order, he/she shall be permitted to proceed. D. A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting of the Council and must be made by a member of the Council who voted with the prevailing side. Provided such motion to reconsider is passed, then the parties entitled to notice on the original action shall be notified, and the reconsideration of the action shall be taken at the next regular meeting following passage of the motion to reconsider. E. A Council member may request, through the Presiding Officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council, or the reason for the member's dissent from or support of any action of the Council, entered in the minutes. 5 Packet Page Number Page 117 of 216 Section 7 ADDRESSING THE COUNCIL Any person desiring to address the Council shall first secure the permission of the Presiding Officer. Each person addressing the Council shall give his/her name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his address to five (5) minutes. All remarks should be addressed to the Council as a body and not to any member. No person shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Council member or any member of the Administrative Staff except through the Presiding Officer. Section 8 GENERAL RULES OF ORDER Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority on parliamentary practice on matters not specifically covered, and in case of a conflict these rules shall govern. The parliamentarian of the meetings is the City Attorney. The City Attorney shall be available to assist the Mayor and the council with matters of order. Section 9 DECORUM AND ITS ENFORCEMENT The Council members, while the Council is in session, must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. 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. 6 Packet Page Number Page 118 of 216 Section 10 ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS A. Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council, except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. B. Every ordinance and resolution shall be presented in writing at a Council meeting; provided however, that the reading of an ordinance or resolution may be requested with a 4/5 vote. Upon the vote on ordinances, resolutions and motions, the ayes and nays shall be recorded. The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise provided by law and except that amendments to the comprehensive plan and zoning ordinance shall require at least four (4) votes in favor. C. Every ordinance, other than emergency ordinances, shall have two public readings as provided in Subsection (B) of this Section, and at least fourteen (14) days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. D. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a roll call vote of at least four (4) members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in a conspicuous place in the City, and twenty-four (24) hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person, persons, firms or corporations charged with violations thereof shall have had notice of the passage thereof prior to the act or omission complained of. E. In the case of lengthy ordinances, or ordinances which include charts or maps, if the city council determines that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the council may by a four-fifths vote of its members direct that only the title of the ordinance and a summary be published, conforming to State Statute, with notice that a printed copy of the ordinance 7 Packet Page Number Page 119 of 216 is available for inspection by any person during regular office hours at the office of the city clerk. Section 11 CONDUCT OF CITY EMPLOYEES AT CITY COUNCIL MEETINGS A. The City Manager may take part in the discussions of the City Council and may recommend to the Council such measures as he/she may deem necessary for the welfare of the people and efficient administration of the affairs of the City. The City Manager shall have all the rights, powers and duties prescribed by Minnesota Statutes in regard thereof; however, it is recognized that the City Council is the policy-making body for the City and the City Manager shall confine his/her discussion at Council meetings to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for the same, and any matters pertaining to administration. B. No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer questions directed to such employee, or to present factual information. C. The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee, when such appearance is made as a taxpayer or member of the public, for or against some particular issue under discussion by the Council when such employee has an interest in the outcome thereof. Section 12 WAIVER By majority vote of all Council members, these rules may be waived. Section 13 ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. 8 Packet Page Number Page 120 of 216 Section 14 COUNCIL ADMINISTRATIVE POLICIES A. Administrative Staff reports or memorandums regarding any property, including City- owned property, should include the street address and a location map. All appointees to commissions, boards, etc., are to appear before the Council and are ratified by council vote. All material received at City Hall that will require City Council action shall be date stamped on the original. B. Internal Rules of Council Appearances When an applicant has requested a public hearing and does not attend the meeting, the item may be tabled until the applicant can appear. Procedural Rules When a Council member is absent from a meeting where a four-fifth's (4/5) vote is required, the item may be tabled until a full Council is present. When a Council member is going to be absent when an Agenda item that they are interested in is scheduled, they may ask for the item to be tabled until they return, but the request must be approved by the City Council. Items introduced during Council Presentations at a Council meeting can be handled in several ways, depending on the direction of the City Council: a. By a majority vote of the City Council, the item shall be placed on an agenda of a designated future meeting; or b. Directed by a consensus of the City Council, staff will research the item and submit a report to the City Manager for distribution to the City Council as soon as possible; or c. The City Manager may handle the item administratively without any further action by the Council. 9 Packet Page Number Page 121 of 216 C. Land Use Matters When a substantive change is made to a previously approved development site plan, the change shall be submitted to Council. D. Other Matters Council audiotapes shall be retained for one year. A permit fee for an event sponsored by the City may be waived by the City Manager. The City, at the discretion of the City Manager, can allow the building to be closed early on the day before Christmas and the day before New Year?s. Commercial and multiple-dwelling traffic should not be directed through single-dwelling neighborhoods, unless there is no reasonable alternative. The council chambers will be made available for non-partisan political meetings, non-political town hall meetings and candidate forums at no charge for a maximum use of 4 hours during periods when not otherwise required for City business and when a building custodian is scheduled to be on the premises. The city newsletter article schedule will be divided such that each councilmember has two city newsletter issues to write in a year and the Mayor has four city newsletter issues to write for 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. 10 Packet Page Number Page 122 of 216 Item L-9 AGENDA REPORT TO: Chuck Ahl, Manager FROM: Karen Guilfoile, City Clerk DATE: January 7, 2009 RE: Rules of Procedures for Public Hearings Attached are the current Rules of Procedures for Public Hearings. Staff is requesting council consider and recommend any changes as a normal part of annual business. Packet Page Number Page 123 of 216 Packet Page Number Page 124 of 216 Packet Page Number Page 125 of 216 L-10 AGENDA NO. AGENDA REPORT TO:City Council FROM:Finance Director RE:APPROVAL OF CLAIMS January 12, 2009 DATE: 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: $ Checks # 77278 thru # 77323304,991.74 dated 12/23/08 thru 12/23/08 $ Disbursements via debits to checking account289,917.62 dated 12/11/08 thru 12/18/08 $ Checks # 77324 thru # 77381474,544.60 dated 12/23/08 thru 12/30/08 $ Disbursements via debits to checking account112,208.02 dated 12/18/08 thru 12/26/08 $ Checks # 77382 thru # 77428321,314.42 dated 12/24/08 thru 01/06/09 $ Disbursements via debits to checking account302,489.67 dated 12/24/08 thru 12/31/08 $1,805,466.07Total Accounts Payable PAYROLL $ Payroll Checks and Direct Deposits dated 12/26/08498,318.92 $ Payroll Deduction check # 1006589 thru # 1006590 3,400.60 dated 12/26/08 $ Total Payroll501,719.52 $2,307,185.59GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments Packet Page Number Page 126 of 216 Check Register City of Maplewood 12/19/2008 CheckDateVendorDescriptionAmount 7727812/23/200803576EUREKA RECYCLINGRECYCLING - DECEMBER22,055.56 7727912/23/200800585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - NOVEMBER625.25 7728012/23/200801018MINNEAPOLIS FINANCE DEPTAUTO PAWN SYSTEM FEES - OCTOBER454.00 7728112/23/200801337RAMSEY COUNTY-PROP REC & REVPROJ 07-01 MULCH FOR STREET PROJ969.15 7728212/23/200801809AGGREGATE INDUSTRIES NCR INCSAFETY GRIT SAND681.94 12/23/200801809AGGREGATE INDUSTRIES NCR INCSAFETY GRIT SAND521.14 12/23/200801809AGGREGATE INDUSTRIES NCR INCSAFETY GRIT SAND519.76 12/23/200801809AGGREGATE INDUSTRIES NCR INCSAFETY GRIT SAND364.56 7728312/23/200800111ANIMAL CONTROL SERVICES INCPATROL & BOARDING FEES 11/3 - 12/073,148.97 7728412/23/200801811BERNATELLO'S PIZZA INCMDSE FOR RESALE144.00 7728512/23/200802667OAKLEY BIESANZREIMB FOR REGISTRATION FEE 10/22155.00 7728612/23/200802149HEIDI CAREYREIMB FOR MILEAGE 9/16 - 9/2540.95 12/23/200802149HEIDI CAREYREIMB FOR MILEAGE 10/10 - 11/2422.23 7728712/23/200800494CHILDREN HOME & FAMILY SERVICEYOUTH DIVERSION PROG - NOVEMBER3,526.08 7728812/23/200800324CONTINENTAL SAFETY EQUIP.CALIBRATION & REPAIR GAS TECH 459.75 7728912/23/200800384DE LAGE LANDEN FINANCIAL SRVSRICOH C2500 COPIER LEASE300.74 7729012/23/200804200PETER DEGRANDESOCCER CLINIC COACH426.60 7729112/23/200804137THE EDGE MARTIAL ARTSKARATE INSTRUCTION206.40 7729212/23/200800487FRATTALONE COMPANIES INC.PROJ 06-17CARMAX/MOGREN 213,027.06 7729312/23/200803988JODI HALWEGREIMB FOR MILEAGE 11/12-11/14360.36 7729412/23/200800654ROLAND HELEYCOBRA ACH DED JULY-DEC60.60 7729512/23/200804115K HOVNANIAN T&C HOMES @ MN LLCESCROW RELEASE 3062 HAZELWOOD8,369.84 12/23/200804115K HOVNANIAN T&C HOMES @ MN LLCESCROW RELEASE 1550 CO RD D8,333.23 7729612/23/200803502KOEHNEN ELECTRIC INCREPAIR ELECTRICAL LIFT STATION #12375.50 7729712/23/200800857LEAGUE OF MINNESOTA CITIESREGISTRATION FEE40.00 7729812/23/200803622MN OFFICE OF ENTERPRISE TECHWIDE AREA NETWORK - NOV392.00 7729912/23/200801060MN STATE FIRE CHIEFS ASSOCMEMBERSHIP DUES345.00 7730012/23/200801175CITY OF NORTH ST PAULMONTHLY UTILITIES3,295.26 7730112/23/200803587NORTHERN STAR COUNCILREGISTRATION & CHARTER FEE POLICE 51.00 7730212/23/200804198NORTHLAND MECHANICAL CONT INCREPLACE FAILED ROOFTOP UNIT5,575.00 12/23/200804198NORTHLAND MECHANICAL CONT INCREPLACE FAILED ROOFTOP UNIT532.12 7730312/23/200800001ONE TIME VENDORREISSUE REFUND DONAHUE-TREE 152.25 7730412/23/200800001ONE TIME VENDORREFUND C RANKIN HP BENEFITS100.00 7730512/23/200800001ONE TIME VENDORREFUND ELDER-JONES BLDG PERMIT88.50 7730612/23/200800001ONE TIME VENDORREFUND GONTAREK UCARE BENEFITS40.00 7730712/23/200800001ONE TIME VENDORREFUND D PERCHYSHYN BCBS 20.00 7730812/23/200800001ONE TIME VENDORREFUND D YARBROUGH UCARE 20.00 7730912/23/200800001ONE TIME VENDORREFUND J FLORIN MEDICA BENEFITS20.00 7731012/23/200800001ONE TIME VENDORREFUND K PERRY HP BENEFIT20.00 7731112/23/200800001ONE TIME VENDORREFUND J MERLE CLASS CHANGED16.00 7731212/23/200800001ONE TIME VENDORREFUND M JENSEN COOKIES SANTA5.00 7731312/23/200804135THE PAR GROUPCITY MANAGER SEARCH FIRM9,476.80 7731412/23/200801289PRAIRIE RESTORATIONS INCBUCKTHORN REMOVAL AT JOY PARK1,200.00 7731512/23/200801301WILLIAM PRIEFERREIMB FOR MILEAGE 12/1112.64 7731612/23/200800396DEPT OF PUBLIC SAFETYTRAINING REGISTRATION FEE180.00 7731712/23/200804063SPECIALTY TURF & AG INC.GEOMELT 557,508.25 7731812/23/200801836CITY OF ST PAULRECORD MGMT SOFTWARE FEES - DEC3,798.00 12/23/200801836CITY OF ST PAULWATER USAGE SEPT, OCT, NOV175.41 12/23/200801836CITY OF ST PAULGSOC LOCATE49.27 7731912/23/200801522STATE OF MINNESOTACITATIONS 11/1/07 - 10/31/081,431.60 7732012/23/200804192TRANS-MEDICEMS BILLING - NOV1,800.00 7732112/23/200801750THE WATSON CO INCMDSE FOR RESALE168.67 7732212/23/200801828KRIS A WEAVERREIMB FOR MILEAGE 6/3 - 12/930.30 7732312/23/200803935WINDY RIDGE RANCH, LLCINSTRUCTOR FOR HORSE CAMP3,300.00 304,991.74 46Checks in this report. Packet Page Number Page 127 of 216 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 12/11/0812/12/08 MN Dept of Natural ResourcesDNR electronic licenses2,306.00 12/11/0812/12/08ICMA (Vantagepointe)Deferred Compensation6,358.23 12/11/0812/12/08Great WestDeferred Compensation23,484.00 12/12/0812/15/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,214.46 12/12/0812/15/08 PERAPERA77,544.79 12/12/0812/15/08US TreasurerFederal Payroll Tax (FICA)91,660.57 12/15/0812/16/08TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)2,915.75 12/15/0812/16/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)9,241.41 12/15/0812/16/08 Labor UnionsUnion Dues2,014.00 12/15/0812/16/08MidAmerica - INGHRA Flex plan1,407.65 12/15/0812/16/08WI Dept of RevenueState Payroll Tax1,092.98 12/15/0812/16/08MN State TreasurerState Payroll Tax18,271.90 12/16/0812/17/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)8,487.75 12/17/0812/18/08ThuMN State TreasurerDrivers License/Deputy Registrar(city clrk)14,020.76 12/17/0812/18/08ARC AdministrationHRA Flex plan3,144.82 12/18/0812/19/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,752.55 TOTAL289,917.62 *Detailed listing of VISA purchases is attached. Packet Page Number Page 128 of 216 Trans DatePosting DateMerchant NameTrans AmountName 12/04/200812/08/2008ORIENTAL TRADING CO$158.60 MANDY ANZALDI 12/11/200812/12/2008PARTY CITY #768$59.76 MANDY ANZALDI 12/16/200812/17/2008TARGET 00011858$14.13 MANDY ANZALDI 12/11/200812/15/2008BLOOMINGTON SECURIT$97.15 JIM BEHAN 12/12/200812/15/2008AQUA LOGIC INC$844.12 JIM BEHAN 12/15/200812/17/2008THE HOME DEPOT 2801$71.85 JIM BEHAN 12/17/200812/18/2008HENRIKSEN ACE HARDWARE$9.29 JIM BEHAN 12/17/200812/18/2008COLLEGE TOOL BOX$18.48 JIM BEHAN 12/17/200812/19/2008THE HOME DEPOT 2801$15.68 JIM BEHAN 12/18/200812/19/2008HENRIKSEN ACE HARDWARE$6.18 JIM BEHAN 12/11/200812/11/2008DAYDEAL INC$53.85 CHAD BERGO 12/17/200812/18/2008SPRINT *WIRELESS SVCS$186.76 CHAD BERGO 12/17/200812/18/2008SPRINT *WIRELESS SVCS$266.82 CHAD BERGO 12/05/200812/08/2008NEXT DAY GOURMET$61.58 OAKLEY BIESANZ 12/05/200812/08/2008PETSMART INC 461$10.44 OAKLEY BIESANZ 12/06/200812/09/2008RED WING SHOE STORE$104.00 JASON BRASH 12/05/200812/08/2008FLAGHOUSE INC$42.65 NEIL BRENEMAN 12/08/200812/09/2008PETSMART INC 461$84.04 NEIL BRENEMAN 12/17/200812/19/2008FLAGHOUSE INC($31.97)NEIL BRENEMAN 12/18/200812/19/2008FLAGHOUSE INC$31.97 NEIL BRENEMAN 12/08/200812/09/2008MENARDS 3059$15.99 TROY BRINK 12/11/200812/15/2008THE HOME DEPOT 2801($23.42)TROY BRINK 12/11/200812/15/2008THE HOME DEPOT 2801$58.55 TROY BRINK 12/11/200812/15/2008THE HOME DEPOT 2801$25.56 TROY BRINK 12/18/200812/19/2008RED WING SHOE STORE$124.99 TROY BRINK 12/10/200812/11/2008STREICHERS INC$648.59 DAN BUSACK 12/10/200812/12/2008SPORTSMANS WAREHOUSE 113$182.33 DAN BUSACK 12/04/200812/08/2008INNOVATIVE COLOR PRINTING$94.10 HEIDI CAREY 12/06/200812/08/2008VZWRLSS*APOCC VISN$96.67 HEIDI CAREY 12/08/200812/10/2008INNOVATIVE COLOR PRINTING$94.10 HEIDI CAREY 12/10/200812/11/2008YELLOW BOOK USA$763.00 HEIDI CAREY 12/12/200812/15/2008ISTOCK *INTERNATIONAL$150.00 HEIDI CAREY 12/03/200812/12/2008AIRASIA MYR R34YDL($291.57)NICHOLAS CARVER 12/17/200812/19/2008VIKING ELEC-CREDIT DEPT.$429.42 SCOTT CHRISTENSON 12/05/200812/08/2008G & K SERVICES 006$48.22 CHARLES DEAVER 12/09/200812/10/2008TARGET 00006940$8.45 CHARLES DEAVER 12/09/200812/10/2008RAINBOW FOODS 00088591$4.98 CHARLES DEAVER 12/04/200812/08/2008THE HOME DEPOT 2801$21.34 RICHARD DOBLAR 12/16/200812/18/2008NORTHERN TOOL EQUIP-MN$40.16 DAVE EDSON 12/04/200812/08/2008JOHNSTONE SUPPLY$112.13 LARRY FARR 12/05/200812/08/2008G & K SERVICES 006$370.02 LARRY FARR 12/05/200812/08/2008G & K SERVICES 006$738.56 LARRY FARR 12/10/200812/11/2008SCHINDLER ELEVATOR CORP$507.27 LARRY FARR 12/11/200812/12/2008HOTSY EQUIPMENT OF MINNES$148.99 LARRY FARR 12/11/200812/15/2008THE HOME DEPOT 2801$128.96 LARRY FARR 12/09/200812/10/2008SENSIBLE LAND USE COAL$35.00 SHANN FINWALL 12/09/200812/11/2008THE HOME DEPOT 2801$40.99 SHANN FINWALL 12/16/200812/17/2008RAMSEY COUNTY HISTORICAL$40.00 SHANN FINWALL 12/17/200812/18/2008FEDEX KINKO'S #0617$51.20 SHANN FINWALL 12/16/200812/17/2008RED WING SHOE STORE$100.00 DAVID FISHER 12/08/200812/09/2008RAINBOW FOODS 00088617$1,325.00 KAREN FORMANEK 12/08/200812/09/2008RAINBOW FOODS 00088617$275.00 KAREN FORMANEK 12/09/200812/10/2008RAINBOW FOODS 00088617$185.00 KAREN FORMANEK 12/10/200812/11/2008RAINBOW FOODS 00088617$25.00 KAREN FORMANEK 12/17/200812/19/2008CURTIS 1000$669.11 KAREN FORMANEK 12/08/200812/09/2008CTO*GOTOMYPC.COM$33.90 MYCHAL FOWLDS 12/09/200812/11/2008POSGUYS.COM$63.31 MYCHAL FOWLDS 12/10/200812/11/2008MAPLEWOOD PARKS AND RECRE$65.00 MYCHAL FOWLDS 12/12/200812/12/2008PAYPAL INC$59.95 MYCHAL FOWLDS 12/08/200812/09/2008INSIGHT PUBLIC SECTOR$62.51 NICK FRANZEN 12/11/200812/12/2008INSIGHT PUBLIC SECTOR$421.37 NICK FRANZEN 12/15/200812/16/2008INSIGHT PUBLIC SECTOR$493.63 NICK FRANZEN 12/15/200812/16/2008INSIGHT PUBLIC SECTOR$527.33 NICK FRANZEN 12/16/200812/16/2008BUY PC SUPPLIES$32.90 NICK FRANZEN 12/17/200812/17/2008HP DIRECT-PUBLICSECTOR$4,567.83 NICK FRANZEN 12/18/200812/19/2008INSIGHT PUBLIC SECTOR$195.49 NICK FRANZEN 12/19/200812/19/2008HP DIRECT-PUBLICSECTOR$2,917.47 NICK FRANZEN 12/10/200812/11/2008RED WING SHOE STORE$136.00 DAVID GERMAIN 12/13/200812/15/2008CUB FOODS, INC.$31.18 CLARENCE GERVAIS 12/17/200812/18/2008EDEN PRAIRIE TUITION OFFI$569.44 CLARENCE GERVAIS Packet Page Number Page 129 of 216 12/08/200812/09/2008OFFICE DEPOT #1090$35.16 JEAN GLASS 12/11/200812/15/2008MICHAELS #2744$2.70 JEAN GLASS 12/11/200812/15/2008OFFICE DEPOT #1090$38.42 JEAN GLASS 12/06/200812/08/2008RAINBOW FOODS 00088526$6.05 JANET M GREW HAYMAN 12/09/200812/10/2008KNOWLAN'S MARKET #2$12.27 JANET M GREW HAYMAN 12/14/200812/15/2008VZWRLSS*APOCC VISN$94.19 KAREN E GUILFOILE 12/16/200812/17/2008ARAMARK MINNEAPOLIS OCS$638.89 LORI HANSON 12/17/200812/18/2008CLOVER SUPER FOODS$253.93 LORI HANSON 12/14/200812/15/2008MENARDS 3059$11.17 PATRICK HEFFERNAN 12/10/200812/11/2008HEJNY RENTAL$31.83 GARY HINNENKAMP 12/04/200812/08/2008AMERICAN RED CROSS TWIN C$137.39 RON HORWATH 12/09/200812/10/2008SSG*ESPORTSONLINE.COM$51.18 RON HORWATH 12/09/200812/11/2008NORTHAND DIVERS$73.66 RON HORWATH 12/08/200812/09/2008NATIONAL CAMERA EXCHANGE$53.36 ANN E HUTCHINSON 12/12/200812/15/2008KNOWLAN'S MARKET #2$14.48 ANN E HUTCHINSON 12/09/200812/10/2008DLX BUSINESS 8003280304$116.05 MARY JACKSON 12/13/200812/15/2008PROPERTYKEY.COM, INC.$600.00 SCOTT JACOBSON 12/10/200812/11/2008DALCO ENTERPRISES, INC$806.27 DAVID JAHN 12/10/200812/11/2008DALCO ENTERPRISES, INC$2.45 DAVID JAHN 12/12/200812/15/2008BATTERIES PLUS$118.46 DON JONES 12/05/200812/08/2008JERRYS TRANSMISSION$698.87 BERNARD R JUNGMANN 12/10/200812/11/2008PHILIPS MEDICAL SYSTEMS$1,065.85 BERNARD R JUNGMANN 12/10/200812/11/2008GLOBAL TRAFFIC TECHNOLOGI$95.00 BERNARD R JUNGMANN 12/10/200812/12/2008SANDYS SEWING DEN$19.22 BERNARD R JUNGMANN 12/11/200812/12/2008BOUND TREE MEDICAL LLC$924.03 BERNARD R JUNGMANN 12/16/200812/18/2008ANCOM TECHNICAL CENTER IN$15.50 BERNARD R JUNGMANN 12/05/200812/08/2008INSTITUTE FOR PERSONALITY$454.50 FLINT KARIS 12/08/200812/10/2008CHAMPPS AMERICANA$43.05 FLINT KARIS 12/08/200812/09/2008BATTERIES PLUS$70.42 NICHOLAS KREKELER 12/04/200812/08/2008OFFICE DEPOT #1090$89.60 LISA KROLL 12/08/200812/09/2008RAINBOW FOODS 00088617$64.62 LISA KROLL 12/09/200812/11/2008OFFICE DEPOT #1090$16.94 LISA KROLL 12/15/200812/17/2008LEEANN CHIN #017 MAPLERID$149.64 LISA KROLL 12/17/200812/19/2008OFFICE DEPOT #1090$127.65 LISA KROLL 12/18/200812/19/2008RAINBOW FOODS 00088617$25.39 LISA KROLL 12/12/200812/15/2008UNIFORMS UNLIMITED INC$962.50 DAVID KVAM 12/16/200812/17/2008HTCIA$30.00 DAVID KVAM 12/16/200812/17/2008HTCIA$30.00 DAVID KVAM 12/05/200812/08/2008METRO FIRE$357.28 STEVE LUKIN 12/08/200812/09/2008OVERHEAD DOOR OF NORTH$264.95 STEVE LUKIN 12/11/200812/12/2008E A T I$2,273.00 STEVE LUKIN 12/15/200812/16/2008DE LAGE LANDEN OP01 OF 01$379.14 STEVE LUKIN 12/15/200812/16/2008ADVANCED GRAPHIX INC$140.00 STEVE LUKIN 12/18/200812/19/2008METRO FIRE$4,908.90 STEVE LUKIN 12/06/200812/08/2008MENARDS 3059$34.07 GORDON MALLORY 12/09/200812/10/2008CUB FOODS, INC.$24.09 GORDON MALLORY 12/03/200812/08/2008ABLE HOSE & RUBBER, INC$36.42 MARK MARUSKA 12/05/200812/08/2008G & K SERVICES 006$437.84 MARK MARUSKA 12/05/200812/08/2008LTG POWER EQUIPMENT$255.00 MARK MARUSKA 12/09/200812/10/2008METRO ATHLETIC SUPPLY$803.44 MARK MARUSKA 12/16/200812/17/2008HUNT ELECTRIC CORPORATION$204.76 MARK MARUSKA 12/17/200812/19/2008DEPT OF AGRICULTURE$10.20 MARK MARUSKA 12/09/200812/12/2008REDS SAVOY PIZZA$58.61 JON A MELANDER 12/12/200812/15/2008VZWRLSS*APOCC VISN$173.84 ROBERT MITTET 12/05/200812/09/2008CINTAS FIRST AID #431$69.27 BRYAN NAGEL 12/05/200812/08/2008G & K SERVICES 006$794.32 AMY NIVEN 12/05/200812/08/2008G & K SERVICES 006$254.32 AMY NIVEN 12/05/200812/08/2008G & K SERVICES 006$162.78 AMY NIVEN 12/09/200812/11/2008OFFICE DEPOT #1090$478.12 AMY NIVEN 12/15/200812/16/2008ERS DIGITAL 1000$78.32 AMY NIVEN 12/05/200812/08/2008OXYGEN SERVICE CO INC$116.11 ERICK OSWALD 12/05/200812/08/2008OFFICE DEPOT #1090($80.57)MARY KAY PALANK 12/11/200812/15/2008OFFICE DEPOT #1090$34.12 MARY KAY PALANK 12/15/200812/16/2008PARTY AMERICA 1018$40.11 MARY KAY PALANK 12/09/200812/09/2008BUY PC SUPPLIES($75.83)PHILIP F POWELL 12/10/200812/10/2008TECHNOLOGY GALAXY$216.95 PHILIP F POWELL 12/15/200812/16/2008HENRIKSEN ACE HARDWARE$62.41 PHILIP F POWELL 12/04/200812/08/2008S S TREE AND HORTICULTUR$192.50 WILLIAM J PRIEFER 12/04/200812/08/2008OFFICE MAX$18.13 WILLIAM J PRIEFER 12/05/200812/09/2008CINTAS FIRST AID #431$126.73 WILLIAM J PRIEFER 12/04/200812/08/2008KATH AUTO PARTS NSP$85.55 STEVEN PRIEM Packet Page Number Page 130 of 216 12/05/200812/08/2008KATH AUTO PARTS NSP$14.07 STEVEN PRIEM 12/05/200812/08/2008TOUSLEY FORD I27200039$315.42 STEVEN PRIEM 12/08/200812/09/2008TRUCK UTILITIES INC$38.23 STEVEN PRIEM 12/08/200812/10/2008KATH AUTO PARTS NSP$67.15 STEVEN PRIEM 12/08/200812/10/2008TOUSLEY FORD I27200039$106.12 STEVEN PRIEM 12/08/200812/10/2008FACTORY MOTOR PARTS #19$31.89 STEVEN PRIEM 12/08/200812/11/2008FACTORY MOTOR PARTS #19($314.38)STEVEN PRIEM 12/09/200812/10/2008MTI TPEC$215.56 STEVEN PRIEM 12/09/200812/11/2008KATH AUTO PARTS NSP$27.86 STEVEN PRIEM 12/10/200812/12/2008N WATER WORKS SPLY #2518$13.81 STEVEN PRIEM 12/11/200812/15/2008KATH AUTO PARTS NSP$52.06 STEVEN PRIEM 12/11/200812/15/2008KATH AUTO PARTS NSP$7.68 STEVEN PRIEM 12/12/200812/15/2008KATH AUTO PARTS NSP$14.88 STEVEN PRIEM 12/12/200812/15/2008BAUER BULT TRE33200023$847.94 STEVEN PRIEM 12/12/200812/17/2008CATCO - ROGERS$611.65 STEVEN PRIEM 12/12/200812/18/2008CATCO PARTS&SERVICE$212.25 STEVEN PRIEM 12/15/200812/16/2008PROFESSIONAL WIRELESS$559.37 STEVEN PRIEM 12/15/200812/17/2008FACTORY MOTOR PARTS #19$135.39 STEVEN PRIEM 12/15/200812/19/2008BAUER BULT TRE33200023$720.57 STEVEN PRIEM 12/15/200812/19/2008BAUER BULT TRE33200023$330.12 STEVEN PRIEM 12/15/200812/19/2008BAUER BULT TRE33200023$84.73 STEVEN PRIEM 12/17/200812/18/2008PIRTEK MIDWAY$293.85 STEVEN PRIEM 12/17/200812/18/2008US AUTOFORCE NBW$367.58 STEVEN PRIEM 12/18/200812/19/2008BAUER BULT TRE33200023$823.25 STEVEN PRIEM 12/14/200812/15/2008COMCAST CABLE COMM$34.00 KEVIN RABBETT 12/18/200812/19/2008GRAFIX SHOPPE$730.00 KEVIN RABBETT 12/04/200812/08/2008OFFICE DEPOT #1090$58.31 TERRIE RAMEAUX 12/16/200812/17/2008MN OCCUPATIONAL HEALTH$1,560.50 TERRIE RAMEAUX 12/17/200812/18/2008PIONEER PRESS SUBSCRIPTI$50.44 TERRIE RAMEAUX 12/18/200812/19/2008NOVACARE REHB/HEALT$900.00 TERRIE RAMEAUX 12/18/200812/19/2008INFOSOFT GROUP INC$750.00 TERRIE RAMEAUX 12/13/200812/15/2008DALCO ENTERPRISES, INC$530.90 MICHAEL REILLY 12/16/200812/17/2008HILLYARD INC MINNEAPOLIS$1,877.53 MICHAEL REILLY 12/04/200812/08/2008THE HOME DEPOT 2801$105.74 ROBERT RUNNING 12/05/200812/08/2008MENARDS 3059$57.00 ROBERT RUNNING 12/05/200812/08/2008MENARDS 3059$5.25 ROBERT RUNNING 12/12/200812/15/2008UNITED RENTALS$70.44 ROBERT RUNNING 12/12/200812/15/2008MENARDS 3059$36.50 ROBERT RUNNING 12/13/200812/15/2008HENRIKSEN ACE HARDWARE$15.98 ROBERT RUNNING 12/18/200812/19/2008BEAR 36 AMSTAR$80.00 ROBERT RUNNING 12/08/200812/09/2008LESCO SC 0530$913.24 JAMES SCHINDELDECKER 12/10/200812/12/2008OFFICE DEPOT #1090$57.63 DEB SCHMIDT 12/04/200812/08/2008MILLS FLEET FARM #27$4.47 SCOTT SCHULTZ 12/05/200812/08/2008ARROWHEAD EMERGENCY$225.00 MICHAEL SHORTREED 12/05/200812/08/2008ARROWHEAD EMERGENCY$375.00 MICHAEL SHORTREED 12/08/200812/09/2008MENARDS 3059$130.51 MICHAEL SHORTREED 12/08/200812/10/2008CLASSIC COLLISION CENT$2,054.40 MICHAEL SHORTREED 12/10/200812/11/2008CREATIVE SERVICES OF NEW$413.95 MICHAEL SHORTREED 12/10/200812/12/2008UNIFORMS UNLIMITED INC$1,197.29 MICHAEL SHORTREED 12/12/200812/15/2008LAMETTRY'S COLLISION$1,493.00 MICHAEL SHORTREED 12/15/200812/17/2008UNIFORMS UNLIMITED INC$35.00 MICHAEL SHORTREED 12/15/200812/17/2008KUSTOM SIGNALS, INC.$214.59 MICHAEL SHORTREED 12/10/200812/11/2008SENSIBLE LAND USE COAL$200.00 ANDREA SINDT 12/17/200812/19/2008OFFICE DEPOT #1090$89.55 ANDREA SINDT 12/10/200812/12/2008DE LAGE LANDEN OP01 OF 01$967.16 JOANNE M SVENDSEN 12/13/200812/15/2008THE HOME DEPOT 2801$25.60 RONALD SVENDSEN 12/12/200812/15/2008SUPERAMERICA 04089$14.95 JAMES TAYLOR 12/10/200812/11/2008INT'L ASSN OF CHI01 OF 01$120.00 DAVID J THOMALLA 12/05/200812/08/2008KNOWLAN'S MARKET #2$10.67 KAREN WACHAL 12/03/200812/08/2008NORTHLAND IRRIGATION INC$75.00 SUSAN ZWIEG 12/11/200812/15/2008LYNN CARD CO$81.37 SUSAN ZWIEG 12/11/200812/15/2008OFFICE MAX$30.51 SUSAN ZWIEG 12/12/200812/15/2008PIONEER PRESS SUBSCRIPTI$55.64 SUSAN ZWIEG 12/13/200812/15/2008SUBWAY 00052159$83.57 SUSAN ZWIEG 12/17/200812/18/2008QUILL CORPORATION$525.15 SUSAN ZWIEG 12/17/200812/19/2008OFFICE DEPOT #1090$64.00 SUSAN ZWIEG 12/17/200812/19/2008OFFICE DEPOT #1090$27.70 SUSAN ZWIEG TOTAL$62,366.54 Packet Page Number Page 131 of 216 Check Register City of Maplewood 12/24/2008 CheckDateVendorDescriptionAmount 7732412/23/200804045SOPHIA PETERSONMUSICIAN FOR WINE & JAZZ 11-1300.00 7732512/23/200803738BETHEL & ASSOCIATES, PARETAINER FOR LEGAL SERVICES - JAN6,600.00 7732612/30/200801949GARY L FISCHLER & ASSOC PACANDIDATE SCREEN295.00 7732712/30/200800687HUGO'S TREE CARE INCREMOVAL OF TREES 487 LAKEWOOD DR1,473.96 12/30/200800687HUGO'S TREE CARE INCPROJ 07-21 TREE TRIMMING1,224.75 12/30/200800687HUGO'S TREE CARE INCREMOVAL OF TREES 1779 JACKSON626.22 7732812/30/200800908M R P AMEMBERSHIP RENEWALS730.00 7732912/30/200801819PAETECLOCAL PHONE SERVICE 11/16 - 12/151,493.14 7733012/30/200801337RAMSEY COUNTY-PROP REC & REVELECTION VOTING SYSTEM2,454.45 7733112/30/200801360REINHART FOODSERVICEMDSE FOR RESALE275.00 7733212/30/200802462SCOTT D WEMYSSNAMETAG W/LABEL88.07 7733312/30/2008010473MREFLECTIVE TAPE FOR FIRE HYDRANTS124.61 7733412/30/200801809AGGREGATE INDUSTRIES NCR INCWINTER SAND987.21 12/30/200801809AGGREGATE INDUSTRIES NCR INCWINTER SAND967.35 12/30/200801809AGGREGATE INDUSTRIES NCR INCWINTER SAND537.56 7733512/30/200803744ANTHONY BARILLA, JRVOLLEYBALL OFFICIAL WINTER 08360.00 7733612/30/200800174STAN BELDEREIMB FOR SHOES 12/2069.99 7733712/30/200801869DALE BOETTCHERVOLLEYBALL OFFICIAL WINTER 0848.00 7733812/30/200801865DON BOWMANVOLLEYBALL OFFICIAL WINTER 08465.00 7733912/30/200804085C.W. HOULE, INC.PROJ 07-21 KOHLMAN LN PARTPMT#852,803.36 7734012/30/200804155CIVICPLUSPROJECT MANAGEMENT, DESIGN AND2,700.00 7734112/30/200804163CLASSIC COLLISON CENTERSQUAD CAR PAINT CONV FAS#49922,054.40 12/30/200804163CLASSIC COLLISON CENTERSQUAD CAR PAINT CONV FAS#49902,054.40 7734212/30/200804066CONNECT ELECTRICELECTRIC WORK ROOFTOP UNIT457.00 7734312/30/200801871KENNETH COOPERVOLLEYBALL OFFICIAL WINTER 0848.00 7734412/30/200804161EARTHWORKSNON-SLIP MATERIAL APPLIED TO 500.00 7734512/30/200800003ESCROW REFUNDESCROW REL C ELMQUIST 0 COPE AVE800.00 7734612/30/200800506FIRE EQUIPMENT SPECIALTIES, INFIRE NOZZLES957.94 7734712/30/200800543GE CAPITALLEASE FOR RICOH 3500 COPIER374.28 7734812/30/200803982JOSIE GEIGERVOLLEYBALL OFFICIAL WINTER 08336.00 7734912/30/200801867PERRY HANSONVOLLEYBALL OFFICIAL WINTER 08360.00 7735012/30/200803538PATRICK JAMES HUBBARDVOLLEYBALL OFFICIAL WINTER 08730.00 7735112/30/200803581BRETT KROLLREIMB FOR WORK SHOES 3/12185.00 7735212/30/200802877LA METTRY'S COLLISIONSQUAD CONVERSION FAS#49942,150.00 7735312/30/200804060MES - MIDAMSCBA PARTS37.33 7735412/30/200803316METRO FIRE CHIEFS ASSNMEMBERSHIP DUES100.00 7735512/30/200800985METROPOLITAN COUNCILWASTEWATER - JANUARY213,483.08 7735612/30/200803270MICHAEL A. MILLER/ISNYOUTH BASKETBALL OFFICIALS 12/1-720.00 12/30/200803270MICHAEL A. MILLER/ISNVOLLEYBALL OFFICIAL WINTER 08216.00 7735712/30/200801079MN CHIEFS OF POLICE ASSNMEMBERSHIP RENEWAL245.00 7735812/30/200801961NEXTEL COMMUNICATIONSNEXTEL CHARGES 11/15 - 12/144,771.49 7735912/30/200801202NYSTROM PUBLISHING CO INCDEC MAPLEWOOD MONTHLY/SEASONS6,220.00 7736012/30/200800001ONE TIME VENDORE ANDERSON - EXPLORERS SHIRTS460.00 7736112/30/200800001ONE TIME VENDORREFUND M VERMA HP BENEFIT220.00 7736212/30/200800001ONE TIME VENDORREFUND J HYLAND ADJ MEMBERSHIP76.03 7736312/30/200800001ONE TIME VENDORREFUND A SHAUL CUSTOMER 70.00 7736412/30/200801863ROGER PACKERVOLLEYBALL OFFICIAL WINTER 08408.00 7736512/30/200803865STEVE PEARSONVOLLEYBALL OFFICIAL WINTER 08216.00 7736612/30/200804177KEITH POKELAVOLLEYBALL OFFICIAL WINTER 0848.00 7736712/30/200801678QWESTAMA CHG FOR CN 08004159150.00 7736812/30/200804201READY WATT4-SIREN MAINTENANCE4,876.00 7736912/30/200801387DR. JAMES ROSSINIADMIN FEE FOR STRESS TEST - DEC100.00 7737012/30/200802500ROWEKAMP ASSOCIATES INCARCVIEW SINGLE USE LICENSE - CD1,278.00 7737012/30/200802500ROWEKAMP ASSOCIATES INCARCVIEW SINGLE USE LICENSE -CD1,278.00 Packet Page Number Page 132 of 216 7737112/30/200802663CARL SAARIONVOLLEYBALL OFFICIAL WINTER 0872.00 7737212/30/200804043SCHWAN FOOD COMDSE FOR RESALE72.92 12/30/200804043SCHWAN FOOD COMDSE FOR RESALE36.96 12/30/200804043SCHWAN FOOD COMDSE FOR RESALE36.96 12/30/200804043SCHWAN FOOD COMDSE FOR RESALE18.98 7737312/30/200803398SHAMROCK GROUPMDSE FOR RESALE191.00 12/30/200803398SHAMROCK GROUPMDSE FOR RESALE129.00 7737412/30/200801836CITY OF ST PAULWATER & HYDRANT USAGE JAN-OCT2,089.68 12/30/200801836CITY OF ST PAULUSE OF ST PAUL FIRE DEPT FOR 375.00 7737512/30/200801915NANCY STEFFENVOLLEYBALL OFFICIAL WINTER 08168.00 7737612/30/200801573TOM SZCZEPANSKIREIMB FOR UNIFORM BOOTS 12/18199.99 7737712/30/200804081MICHAEL W. THOMPSONTUITION REIMB 9/1 - 12/056,850.00 7737812/30/200801635TOWER ASPHALT INCPROJ 08-14 JOY PARK PARTPMT#1137,187.49 7737912/30/200800449TYLER TECHNOLOGIES INCONLINE EDEN TRAINING225.00 7738012/30/200802464US BANKFUNDS FOR ATM6,000.00 7738112/30/200801872MARK WEBERVOLLEYBALL OFFICIAL WINTER 08288.00 474,544.60 58Checks in this report. Packet Page Number Page 133 of 216 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 12/18/0812/19/08FriMN Dept of Natural ResourcesDNR electronic licenses1,859.50 12/18/0812/19/08MN Dept of Natural ResourcesDNR electronic licenses23.00 12/19/0812/22/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)9,173.01 12/22/0812/23/08TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)8,828.50 12/22/0812/23/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)2,173.00 12/23/0812/24/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)13,816.47 12/24/0812/26/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)10,983.00 12/24/0812/26/08Pitney BowesPostage2,985.00 12/24/0812/26/08 US Bank VISA One Card*Purchasing Card Items62,366.54 TOTAL112,208.02 *Detailed listing of VISA purchases is attached. Packet Page Number Page 134 of 216 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 12/26/08HANSEN, JOHN206.25 12/26/08HJELLE, ERIK416.42 12/26/08JUENEMANN, KATHLEEN416.42 12/26/08NEPHEW, JOHN416.42 12/26/08ROSSBACH, WILLIAM416.42 12/26/08CHRISTENSON, SCOTT1,776.16 12/26/08FARR, LARRY2,467.88 12/26/08JAHN, DAVID1,737.97 12/26/08MORIN, TROY80.75 12/26/08ARNOLD, AJLA1,280.00 12/26/08RAMEAUX, THERESE3,506.96 12/26/08FORMANEK, KAREN1,739.55 12/26/08MITTET, ROBERT3,468.22 12/26/08ANDERSON, CAROLE2,346.45 12/26/08DEBILZAN, JUDY1,098.24 12/26/08JACKSON, MARY2,148.13 12/26/08KELSEY, CONNIE2,422.56 12/26/08LAYMAN, COLLEEN2,584.80 12/26/08CAREY, HEIDI2,309.35 12/26/08GUILFOILE, KAREN3,641.26 12/26/08KROLL, LISA1,771.91 12/26/08NEPHEW, MICHELLE1,400.55 12/26/08PENN, CHRISTINE804.00 12/26/08SCHMIDT, DEBORAH2,214.91 12/26/08SPANGLER, EDNA923.37 12/26/08CORTESI, LUANNE974.05 12/26/08JAGOE, CAROL1,807.00 12/26/08KELLY, LISA1,164.43 12/26/08LARSON, MICHELLE1,071.70 12/26/08MECHELKE, SHERRIE1,077.05 12/26/08MOY, PAMELA1,105.71 12/26/08OSTER, ANDREA1,974.11 12/26/08WEAVER, KRISTINE1,957.22 12/26/08CORCORAN, THERESA1,430.47 12/26/08PALANK, MARY1,778.86 12/26/08POWELL, PHILIP2,765.35 12/26/08SVENDSEN, JOANNE1,965.00 12/26/08THOMALLA, DAVID4,699.27 12/26/08YOUNG, TAMELA1,776.55 12/26/08ABEL, CLINT2,787.84 12/26/08ALDRIDGE, MARK2,873.28 12/26/08BAKKE, LONN3,057.50 12/26/08BARTZ, PAUL4,690.90 12/26/08BELDE, STANLEY2,689.06 Packet Page Number Page 135 of 216 12/26/08BENJAMIN, MARKESE2,281.49 12/26/08BIERDEMAN, BRIAN3,797.60 12/26/08BOHL, JOHN3,081.97 12/26/08BUSACK, DANIEL3,878.45 12/26/08COFFEY, KEVIN2,615.23 12/26/08CROTTY, KERRY3,001.20 12/26/08DEMULLING, JOSEPH2,037.15 12/26/08DOBLAR, RICHARD4,379.54 12/26/08FRITZE, DEREK2,288.23 12/26/08GABRIEL, ANTHONY3,667.54 12/26/08HAWKINSON JR, TIMOTHY2,004.93 12/26/08HEINZ, STEPHEN3,213.18 12/26/08HER, PHENG1,919.08 12/26/08HIEBERT, STEVEN2,689.06 12/26/08JOHNSON, KEVIN4,325.16 12/26/08KALKA, THOMAS798.28 12/26/08KARIS, FLINT4,642.01 12/26/08KONG, TOMMY2,640.32 12/26/08KREKELER, NICHOLAS693.08 12/26/08KROLL, BRETT2,686.17 12/26/08KVAM, DAVID3,864.56 12/26/08LANGNER, TODD2,620.51 12/26/08LARSON, DANIEL2,809.06 12/26/08LU, JOHNNIE2,591.58 12/26/08MARINO, JASON2,851.70 12/26/08MARTIN, JERROLD2,750.31 12/26/08MCCARTY, GLEN3,097.64 12/26/08METRY, ALESIA2,591.58 12/26/08NYE, MICHAEL3,017.24 12/26/08OLSON, JULIE2,713.66 12/26/08PALMA, STEVEN2,932.77 12/26/08RABBETT, KEVIN3,864.56 12/26/08RHUDE, MATTHEW2,711.89 12/26/08SHORTREED, MICHAEL3,768.98 12/26/08STEFFEN, SCOTT4,271.23 12/26/08STEINER, JOSEPH2,283.15 12/26/08SYPNIEWSKI, WILLIAM2,494.74 12/26/08SZCZEPANSKI, THOMAS3,100.76 12/26/08TRAN, JOSEPH2,591.58 12/26/08WENZEL, JAY2,772.90 12/26/08XIONG, KAO2,568.50 12/26/08BERGERON, JOSEPH3,795.63 12/26/08DUGAS, MICHAEL4,633.66 12/26/08ERICKSON, VIRGINIA3,491.06 12/26/08FLOR, TIMOTHY4,880.56 12/26/08FRASER, JOHN2,932.77 12/26/08LANGNER, SCOTT2,786.54 12/26/08THEISEN, PAUL2,964.92 12/26/08THIENES, PAUL2,951.99 12/26/08BAUMAN, ANDREW2,192.08 12/26/08DAWSON, RICHARD3,876.40 12/26/08DOLLERSCHELL, ROBERT293.39 12/26/08EVERSON, PAUL2,523.22 Packet Page Number Page 136 of 216 12/26/08FOSSUM, ANDREW1,668.01 12/26/08HALWEG, JODI2,431.68 12/26/08JUNGMANN, BERNARD3,037.77 12/26/08NOVAK, JEROME2,891.17 12/26/08OLSON, JAMES2,329.25 12/26/08PERBIX, CHARLES2,837.83 12/26/08PETERSON, ROBERT2,646.80 12/26/08RICHARDSON, ANDREA2,217.91 12/26/08SEDLACEK, JEFFREY2,883.88 12/26/08STREFF, MICHAEL2,868.86 12/26/08SVENDSEN, RONALD3,192.33 12/26/08GERVAIS-JR, CLARENCE3,342.04 12/26/08LUKIN, STEVEN4,260.90 12/26/08ZWIEG, SUSAN2,282.57 12/26/08AHL, R. CHARLES5,253.00 12/26/08FINWALL, SHANN3,132.67 12/26/08KNUTSON, LOIS2,108.34 12/26/08NIVEN, AMY1,332.42 12/26/08PRIEFER, WILLIAM3,953.64 12/26/08BRINK, TROY2,350.91 12/26/08BUCKLEY, BRENT2,035.79 12/26/08DEBILZAN, THOMAS2,216.28 12/26/08EDGE, DOUGLAS2,342.91 12/26/08JONES, DONALD2,354.03 12/26/08MEISSNER, BRENT1,749.92 12/26/08MEYER, GERALD2,305.75 12/26/08NAGEL, BRYAN3,015.02 12/26/08OSWALD, ERICK2,932.02 12/26/08RUNNING, ROBERT2,665.00 12/26/08TEVLIN, TODD2,354.91 12/26/08BURLINGAME, NATHAN1,710.97 12/26/08DUCHARME, JOHN2,558.86 12/26/08ENGSTROM, ANDREW2,108.55 12/26/08GAYNOR, VIRGINIA10,829.58 12/26/08JACOBSON, SCOTT2,862.62 12/26/08JAROSCH, JONATHAN2,379.27 12/26/08KREGER, JASON1,870.68 12/26/08KUMMER, STEVEN2,877.82 12/26/08LINDBLOM, RANDAL3,078.94 12/26/08LOVE, STEVEN2,798.43 12/26/08THOMPSON, MICHAEL3,513.52 12/26/08ZIEMAN, SCOTT85.80 12/26/08EDSON, DAVID2,532.62 12/26/08HINNENKAMP, GARY2,386.76 12/26/08MARUSKA, MARK3,000.18 12/26/08NAUGHTON, JOHN2,952.55 12/26/08NORDQUIST, RICHARD2,747.28 12/26/08NOVAK, MICHAEL2,116.40 12/26/08SCHINDELDECKER, JAMES2,375.96 12/26/08BIESANZ, OAKLEY1,394.16 12/26/08DEAVER, CHARLES685.10 12/26/08HAYMAN, JANET1,301.94 12/26/08HUTCHINSON, ANN2,472.00 12/26/08WACHAL, KAREN827.34 Packet Page Number Page 137 of 216 12/26/08FRY, PATRICIA1,844.47 12/26/08KONEWKO, DUWAYNE3,963.44 12/26/08SINDT, ANDREA1,921.35 12/26/08THOMPSON, DEBRA710.62 12/26/08EKSTRAND, THOMAS3,600.07 12/26/08MARTIN, MICHAEL2,730.84 12/26/08BRASH, JASON1,798.95 12/26/08CARVER, NICHOLAS3,027.38 12/26/08FISHER, DAVID3,580.28 12/26/08RICE, MICHAEL2,414.98 12/26/08SWAN, DAVID2,486.15 12/26/08WELLENS, MOLLY525.21 12/26/08JOHNSON, GENE560.00 12/26/08BERGER, STEPHANIE335.25 12/26/08BJORK, BRANDON209.00 12/26/08HILDEBRANT, SAWYER36.00 12/26/08JANASZAK, MEGHAN817.50 12/26/08KOHLMAN, JENNIFER393.75 12/26/08ROBBINS, AUDRA2,439.86 12/26/08SCHALLER, SCOTT84.56 12/26/08SHERRILL, CAITLIN619.13 12/26/08TAUBMAN, DOUGLAS3,115.54 12/26/08TAYLOR, JAMES2,007.26 12/26/08ADAMS, DAVID1,506.95 12/26/08GERMAIN, DAVID2,020.79 12/26/08HAAG, MARK3,073.53 12/26/08NADEAU, EDWARD3,384.18 12/26/08SCHULTZ, SCOTT2,781.59 12/26/08ANZALDI, MANDY1,921.58 12/26/08BERGLUND, DANIEL157.50 12/26/08BRENEMAN, NEIL1,741.12 12/26/08CRAWFORD - JR, RAYMOND682.50 12/26/08DICKS, JOHN441.00 12/26/08EVANS, CHRISTINE1,156.23 12/26/08FABIO-SHANLEY, MICHAEL100.20 12/26/08GLASS, JEAN1,982.54 12/26/08GROPPOLI, LINDA455.70 12/26/08HANSEN, LORI2,490.13 12/26/08HER, CHONG515.00 12/26/08HER, PETER273.80 12/26/08HIX, MELINDA148.50 12/26/08HOFMEISTER, MARY891.30 12/26/08NAGEL, BROOKE180.00 12/26/08PELOQUIN, PENNYE543.52 12/26/08SCHOENECKER, LEIGH423.00 12/26/08STAPLES, PAULINE3,212.78 12/26/08VANG, KAY156.00 12/26/08VANG, TIM400.00 12/26/08ZIELINSKI, JUDY38.50 12/26/08AICHELE, MEGAN70.88 12/26/08BAUDE, SARAH170.00 12/26/08BEITLER, JULIE102.00 12/26/08BRUSOE, AMY172.65 Packet Page Number Page 138 of 216 12/26/08BRUSOE, CRISTINA150.08 12/26/08BUCKLEY, BRITTANY25.38 12/26/08CAMPBELL, JESSICA110.00 12/26/08CLARK, PAMELA162.00 12/26/08DEMPSEY, BETH98.00 12/26/08DEVRIENDT, KARA40.00 12/26/08DUNN, RYAN1,067.51 12/26/08ERICKSON-CLARK, CAROL47.50 12/26/08FIERRO WESTBERG, MELINDA42.00 12/26/08FLACKEY, MAUREEN108.50 12/26/08GIEL, NICOLE68.00 12/26/08GRUENHAGEN, LINDA251.50 12/26/08HOLMBERG, LADONNA408.00 12/26/08HORWATH, RONALD2,439.88 12/26/08JOHNSON, JAMES230.19 12/26/08JOSSART, ANGELA34.00 12/26/08JOYER, JENNA82.20 12/26/08KOGLER, RYAN98.00 12/26/08KRONHOLM, KATHRYN479.64 12/26/08KURZHAL, ALISON94.50 12/26/08LAMEYER, ZACHARY20.40 12/26/08MATESKI, WAYNE56.00 12/26/08MATHEWS, LEAH103.58 12/26/08MCCANN, NATALIE18.00 12/26/08MCCARTHY, ERICA43.88 12/26/08NADEAU, KELLY54.38 12/26/08OBRIEN, JULIE80.00 12/26/08OLSON, SANDRA63.00 12/26/08PROESCH, ANDY604.60 12/26/08RHODY, DIANE370.00 12/26/08RICHTER, DANIEL106.50 12/26/08RICHTER, NANCY1,240.34 12/26/08ROLLOFF-FELLNER, TAYLOR32.63 12/26/08RONNING, ISAIAH112.00 12/26/08SCHAEFER, NATALIE262.13 12/26/08SCHREIER, ROSEMARIE153.00 12/26/08SCHREINER, MICHELLE37.13 12/26/08SCHUNEMAN, GREGORY113.60 12/26/08SJERVEN, BRENDA85.00 12/26/08SKUNES, KELLY104.63 12/26/08SMITH, ANN216.70 12/26/08TUPY, ELIANA34.00 12/26/08TUPY, HEIDE222.00 12/26/08TUPY, MARCUS293.89 12/26/08WARNER, CAROLYN362.60 12/26/08WEDES, CARYL112.50 12/26/08WOLFGRAM, TERESA28.60 12/26/08WOODMAN, ALICE138.00 12/26/08YOUNCE, BLAISE133.00 12/26/08BOSLEY, CAROL332.10 12/26/08HOLMGREN, STEPHANIE142.38 12/26/08LANGER, CHELSEA66.50 12/26/08LANGER, KAYLYN85.75 12/26/08SATTLER, MELINDA46.00 Packet Page Number Page 139 of 216 12/26/08BEHAN, JAMES1,873.83 12/26/08DOUGLASS, TOM1,240.12 12/26/08GROPPOLI, JOE450.00 12/26/08PATTERSON, ALBERT1,264.44 12/26/08PRINS, KELLY1,162.62 12/26/08REILLY, MICHAEL1,807.75 12/26/08VALERIO, TARA261.00 12/26/08AICHELE, CRAIG2,639.79 12/26/08PRIEM, STEVEN2,608.83 12/26/08WOEHRLE, MATTHEW2,931.87 12/26/08BERGO, CHAD2,499.19 12/26/08FOWLDS, MYCHAL2,996.06 12/26/08FRANZEN, NICHOLAS2,083.07 100654312/26/08BRUNSBERG, STEVEN202.50 100654412/26/08LONGRIE, DIANA473.15 100654512/26/08WELCHLIN, CABOT4,639.32 100654612/26/08ABRAHAMSON, AMANDA42.00 100654712/26/08ABRAHAMSON, TYLER72.00 100654812/26/08BONKO, NICHOLAS72.00 100654912/26/08BUCZKOWSKI, ALAN105.00 100655012/26/08BURNS, JOHN21.00 100655112/26/08CHEZIK, CARLEY64.00 100655212/26/08DALBEC, JAMES36.00 100655312/26/08GONSIOR, BENJAMIN36.00 100655412/26/08GRAVES, CONNIE126.00 100655512/26/08GREENER, DOUGLAS99.00 100655612/26/08HANNIGAN, TYLER50.00 100655712/26/08LINDA, KELLIE229.50 100655812/26/08MASON, LAURA28.00 100655912/26/08MULLEN, REBECCA52.00 100656012/26/08NELSON, KIRSTEN87.50 100656112/26/08NETTLETON, ANTHONY24.00 100656212/26/08NICHOLS, SAMUEL24.00 100656312/26/08ORTT, MATTHEW72.00 100656412/26/08ROBBINS, CAMDEN89.25 100656512/26/08SCHOUVIELLER, NATHAN48.00 100656612/26/08THEISS, NIANDRA40.00 100656712/26/08VERMILYEA, ABBY28.00 100656812/26/08VUE, LOR PAO144.00 100656912/26/08BUESING, DYLAN31.50 100657012/26/08GRANT, MELISSA250.25 100657112/26/08HANSON, MATTHEW188.50 100657212/26/08LAMSON, KEVIN21.00 100657312/26/08MCCORMACK, MELISSA56.00 100657412/26/08MCLAURIN, CHRISTOPHER435.30 100657512/26/08MCMAHON, MELISSA82.60 100657612/26/08NWANOKWALE, MORDY48.43 100657712/26/08OLSON, SHELBY36.00 100657812/26/08PIEPER, THEODORE68.75 100657912/26/08ROSTRON, ROBERT397.25 100658012/26/08SAUCERMAN, MICHAEL251.55 100658112/26/08SCHAEFER, JAMES83.38 100658212/26/08SCHMIDT, JOHN204.45 Packet Page Number Page 140 of 216 100658312/26/08HER, SHILLAME130.50 100658412/26/08MCDONALD, JESSALYNN78.75 100658512/26/08ZAGER, LINNEA227.63 100658612/26/08BOWMAN, MATTHEW260.00 100658712/26/08SCHULZE, KEVIN429.50 100658812/26/08STEFFEN, MICHAEL56.00 TOTAL 498,318.92 Packet Page Number Page 141 of 216 Check Register City of Maplewood 12/31/2008 CheckDateVendorDescriptionAmount 7738212/24/200800393 DEPT OF LABOR & INDUSTRYMONTHLY SURTAX - NOV 53901230351,718.32 7738312/24/200801497SPRINGSTED INCGLADSTONE TIF ANALYSIS1,360.00 7738412/24/200801497SPRINGSTED INCTIF STUDY TASK #117,642.77 7738512/24/200801497SPRINGSTED INCTIF STUDY TASK #211,479.09 7738612/24/200801497SPRINGSTED INCGETHSEMANE TIF ANALYSIS6,152.65 7738712/24/200801497SPRINGSTED INCGETHSEMANE TIF ANALYSIS9,423.66 7738801/06/200900283CENTURY COLLEGELAW ENFORCEMENT TRAINING PROG1,785.00 01/06/200900283CENTURY COLLEGEPALS MANUALS76.00 7738901/06/200902728KIMLEY-HORN & ASSOCIATES INCPROJ 07-26 PROF SRVS THRU 11/3012,336.29 01/06/200902728KIMLEY-HORN & ASSOCIATES INCPROJ 07-25 PROF SRVS THRU 11/309,408.84 01/06/200902728KIMLEY-HORN & ASSOCIATES INCPROJ 07-30 PROF SRVS THRU 11/308,090.45 01/06/200902728KIMLEY-HORN & ASSOCIATES INCPROJ 06-17 PROF SRVS THRU 11/303,225.05 7739001/06/200901337RAMSEY COUNTY-PROP REC & REVFLEET SUPPORT FEE - NOV & DEC892.32 7739101/06/200901190XCEL ENERGYELECTRIC & GAS UTILITY24,310.58 01/06/200901190XCEL ENERGYELECTRIC & GAS UTILITY7,790.39 01/06/200901190XCEL ENERGYGAS UTILITY6,302.24 01/06/200901190XCEL ENERGYMETERED SPEED SIGN10.86 7739201/06/200900008A M E MMEMBERSHIP DUES300.00 7739301/06/200901809AGGREGATE INDUSTRIES NCR INCSAFETY GRIT SAND319.50 01/06/200901809AGGREGATE INDUSTRIES NCR INCWINTER SAND - SAFETY GRIT126.05 7739401/06/200900135ASSN OF TRNG OFFICERS OF MNTRAINING REGISTRATION FEE175.00 01/06/200900135ASSN OF TRNG OFFICERS OF MNREGISTRATION FEE175.00 7739501/06/200903513BRIAN BIERDEMANK-9 MAINTENANCE JAN35.00 7739601/06/200904155CIVICPLUSMONTHLY FEES - HALF NOV & DEC975.00 7739701/06/200900309COMMISSIONER OF TRANSPORTATIONENGINEERING FEES863.38 7739801/06/200903322KERRY CROTTYREIMB FOR PDA/CELLPHONE250.00 7739901/06/200903313DAMARCO SOLUTIONS LLCRIGHT-TO-KNOW SERVICE FEE1,500.00 7740001/06/200900384DE LAGE LANDEN FINANCIAL SRVSLEASE ON RICOH MPC2500265.81 7740101/06/200900412DONALD SALVERDA & ASSOCIATESREGISTRATION FEE600.00 7740201/06/200900451EGAN COMPANIES INCHEATING & COOLING SYSTEM17,800.00 7740301/06/200902724FBI/LEEDAANNUAL ASSOCIATION DUES50.00 01/06/200902724FBI/LEEDAANNUAL ASSOCIATION DUES50.00 7740401/06/200903945FRONTIER PRECISION, INCBATTERY FOR SURVEYING EQUIP342.93 7740501/06/200903516ANTHONY GABRIELK-9 MAINTENANCE JAN35.00 7740601/06/200900543GE CAPITALLEASE ON RICOH MP1100897.77 7740701/06/200902407H & B SPECIALIZED PRODUCTSREPLACE BASKETBALL BACKBOARD 1,562.80 7740801/06/200902945HEALTHEAST VEHICLE SERVICESSQUAD EQUIP FOR 2009 TAHOE7,254.52 7740901/06/200903841KARAS TECHNICAL SERVICESSENTINAL RADIO ALARM, PC2224,8,550.00 7741001/06/200900789KATH FUEL OIL SERVICE CODIESEL FUEL - OFFROAD PINK 6,249.88 7741101/06/200903729KNAAK & KANTRUD PAPROSECUTION & LEGAL SRVS - JAN16,500.00 7741201/06/200900827L M C I TWORK COMP PREMIUM - 3RD 70,660.50 7741301/06/200902523MED COMPASSSCBA USER - MEDICAL EXAM235.00 7741401/06/200903069MN AMBULANCE ASSNMEMBERSHIP DUES75.00 7741501/06/200901088MN POLLUTION CONTROL AGENCYWASTEWATER TRAINING SEMINAR560.00 7741601/06/200904204MNVOADREGISTRATION FEE45.00 7741701/06/200901409S.E.H.PROJ 05-18 ENGINEERING FEES4,000.32 01/06/200901409S.E.H.PROJ 07-27 ENGINEERING FEES2,737.41 01/06/200901409S.E.H.PROJ 08-12 ENGINEERING FEES2,560.89 01/06/200901409S.E.H.PROJ 08-10 ENGINEERING FEES2,400.00 01/06/200901409S.E.H.PROJ 08-11 ENGINEERING FEES2,400.00 01/06/200901409S.E.H.PROJ 07-01 ENGINEERING FEES2,336.70 01/06/200901409S.E.H.PROJ 04-21 ENGINEERING FEES2,135.17 01/06/200901409S.E.H.PROJ 02-07 ENGINEERING FEES1,223.05 7741701/06/200901409S.E.H.PROJ 06-05 ENGINEERING FEES1,146.33 01/06/200901409S.E.H.PROJ 08-09 ENGINEERING FEES1,083.51 Packet Page Number Page 142 of 216 01/06/200901409S.E.H.PROJ 06-02 ENGINEERING FEES1,034.94 01/06/200901409S.E.H.ENGINEERING FEES672.84 01/06/200901409S.E.H.PROJ 07-19 ENGINEERING FEES358.95 01/06/200901409S.E.H.PROJ 06-17 ENGINEERING FEES96.21 7741801/06/200901418SAM'S CLUB DIRECTMDSE FOR RESALE255.52 01/06/200901418SAM'S CLUB DIRECTCOMMUNITY GYM SUPPLIES139.59 01/06/200901418SAM'S CLUB DIRECTCAKES & SUPPLIES FOR B-DAY PROG75.14 01/06/200901418SAM'S CLUB DIRECTCOMMUNITY GYM SUPPLIES63.65 01/06/200901418SAM'S CLUB DIRECTCOMMUNITY GYM SUPPLIES62.34 01/06/200901418SAM'S CLUB DIRECTCAKES FOR B-DAY PROGRAM42.72 01/06/200901418SAM'S CLUB DIRECTCAKE & SUPPLIES FOR B-DAY PROG27.42 01/06/200901418SAM'S CLUB DIRECTCAKE FOR B-DAY PROGRAM21.36 01/06/200901418SAM'S CLUB DIRECTCAKE FOR B-DAY PROGRAM10.73 7741901/06/200903879SANSIOEMS RUNSHEETS/SUBSCRIPTION JAN614.59 7742001/06/200902653SIMPLEX GRINNELL LPFIRE PROTECTION EQUIP SRVS 5,089.84 7742101/06/200904203SOUP DU JOORCATER MCC BANQUET ROOM EVENT518.81 7742201/06/200900198ST PAUL REGIONAL WATER SRVSWATER UTILITY220.83 7742301/06/200901836CITY OF ST PAULPROJ 07-24 WATERMAN WORK28,398.91 7742401/06/200904055JAMES TAYLORREIMB FOR MILEAGE 11/1 - 12/30104.01 7742501/06/200902110TODD TEVLINREIMB FOR SAFETY BOOTS 12/22144.99 7742601/06/200901635TOWER ASPHALT INCPROJ 07-25 REPAIR ELECTRICAL BREAK430.00 7742701/06/200904104TRANE U.S. INC.MCC MECH EQUIP CONTRACT 2,400.00 7742801/06/200901665TWIN CITY HARDWARE COLOCK FOR MAILBOX AT MCC50.00 321,314.42 47Checks in this report. Packet Page Number Page 143 of 216 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 12/24/0812/26/08Fri ICMA (Vantagepointe)Deferred Compensation6,358.23 12/24/0812/26/08 Great WestDeferred Compensation23,565.00 12/26/0812/29/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)3,591.50 12/26/0812/29/08PERAPERA79,722.44 12/26/0812/29/08US TreasurerFederal Payroll Tax (FICA)98,027.37 12/26/0812/29/08MN Dept of Natural ResourcesDNR electronic licenses2,735.50 12/29/0812/30/08TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,784.77 12/29/0812/30/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)1,008.00 12/29/0812/30/08 MN State TreasurerDrivers License/Deputy Registrar(city clrk)17,156.25 12/29/0812/30/08WI Dept of RevenueState Payroll Tax1,661.35 12/29/0812/30/08MN State TreasurerState Payroll Tax18,591.67 12/29/0812/30/08ARC AdministrationHRA Flex plan3,430.22 12/29/0812/30/08Labor UnionsUnion Dues1,407.65 12/30/0812/31/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,156.25 12/31/0801/02/08Fri MN State TreasurerDrivers License/Deputy Registrar(city clrk)16,293.47 TOTAL302,489.67 *Detailed listing of VISA purchases is attached. Packet Page Number Page 144 of 216 Agenda Item M1 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: January 7, 2009 RE: Intoxicating Liquor License Annual Renewals ? On-Sale, Off-Sale, Club and Wine RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale, Off-Sale, Club and Wine Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2009, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: On-Sale Liquor Licenses Cub Foods #31264 Jake?s City Grille 5-8 Tavern & Grill 1745 Beam Avenue East 2390 White Bear Avenue 2289 Minnehaha Avenue Maplewood Kwik Mart Keller Golf Clubhouse Acapulco Restaurant 2166 Maplewood Drive 2150 McMenemy Street 3069 White Bear Avenue Myth Nightclub Rainbow Foods #8861 AMF Maplewood Lanes 3090 Southlawn Drive 2501 White Bear Avenue 1955 English Street Olive Garden #1200 Richard?s Market Bleechers Bar & Grill 1344 Frost Avenue 1749 Beam Avenue 2220 White Bear Avenue SuperAmerica #4022 Outback Steakhouse Broadway Bar & Pizza Maplewood 1750 White Bear Avenue 1770 Beam Avenue 1900 County Road D East Red Lobster #0283 SuperAmerica #4089 Buffalo Wild Wings 3085 2925 White Bear Avenue 11 Century Avenue South White Bear Avenue Off-Sale Liquor Licenses Stargate Dance Club Champps ? Maplewood 1700 Rice Street, Suite J 1734 Adolphus Street A1 Liquor 19 Century Avenue North T.G.I. Friday?s #0472 Chili?s Grill & Bar #224 3087 White Bear Avenue Big Discount Liquor 1800 Beam Avenue 2515 White Bear Avenue The Chalet Chipotle Mexican Grill 1820 North Rice Street 2303 White Bear Avenue Costco Wholesale #1021 1431 Beam Avenue East The Rock Dean?s Tavern 2029 Woodlynn Avenue 1986 ice Street Cub Discount Liquor On-Sale 3.2 Beer Licenses100 West County Road B Dive Bar 3035 White Bear Avenue Duc?s Restaurant Heritage Liquor LLC 705 Century Avenue North 1347 Frost Avenue Guldens Roadhouse Off-Sale 3.2 Beer Licenses 2999 North Highway 61 Hillside Liquors 1690 McKnight Road North Huey?s Saloon Cub Foods #30244 2425 North Highway 61 100 West County Road B Packet Page Number Page 1 of 2 Page 145 of 216 Agenda Item M1 Maplewood Wine Cellar 1281 Frost Avenue Merwin Liquors 1700-D Rice Street MGM Liquor Warehouse 2950 White Bear Avenue Party Time Liquor 1835 East Larpenteur Avenue Princess Liquor ?n Tobacco 2728 Stillwater Road Sarrack?s Int?l. Wine & Spirits 2305 Stillwater Road White Bear Liquor & Wine 2223 White Bear Avenue Club License Maplewood Moose Lodge #963 1946 English Street Wine/Strong Beer Licenses Bambu Asian Cuisine 1715-A Beam Avenue Goodrich Golf Course 1820 North Van Dyke Noodles & Company 2865 White Bear Avenue Taste of India 1745 Cope Avenue East The Ponds at Battle Creek 601 Century Avenue South Packet Page Number Page 2 of 2 Page 146 of 216 Agenda Item M2 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: January 5, 2009 RE: Lawful Gambling License ? Merrick Inc. at The Chalet Introduction Merrick Inc. is requesting approval of an annual premise license for lawful gambling at The Chalet located at 1820 Rice Street. Approval is requested of the following resolution. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Merrick Inc. to operate at The Chalet, located at 1820 Rice Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said license application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that council approve the lawful gambling resolution application for Merrick Inc. to operate at The Chalet. Packet Page Number Page 147 of 216 Agenda Item M3 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, City Clerk DATE: January 5, 2009 RE: Lawful Gambling License ? Merrick Inc. at Bleechers Bar & Grill Introduction Merrick Inc. is requesting approval of an annual premise license for lawful gambling at Bleechers Bar & Grill located at 2220 White Bear Avenue. Approval is requested of the following resolution. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Merrick Inc. to operate at Bleechers Bar & Grill, located at 2220 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said license application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that council approve the lawful gambling resolution application for Merrick Inc. to operate at Bleechers Bar & Grill. Packet Page Number Page 148 of 216 Item M-4 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Karen Guilfoile, Director, Citizen Services DATE: January 6, 2009 RE: Resolution Supporting Maintenance of Local Title and Registration Services Background During the 2009 Minnesota legislative session that began January 6, 2009, the Minnesota Deputy Registrars? Association (MDRA) will be pursuing the following legislative agenda. Elements of the plan encompass the following prioritized items: (1)The enactment of handling fee increases to cover the increased costs borne by transactions conducted at our offices statewide. These motor vehicle related fee increases include the following: --Renewal fee increased to $6.00 from the current $4.50. --Driver license fee increased to $9.00 from the current $5.00. --Long application fee increased to $12.00 from the current $8.50. (2)The enactment of language clarifying the types of transactions that are conducted with ?no fee? charged to the customer. (3)The enactment of additional laws addressing the problems of bad checks received at deputy offices for our ongoing collection efforts in this area. (4)The repeal of the existing law banning the creation and/or sale of corporate deputy offices that takes effect in 2012. In addition to these agenda items, the MDRA is prepared to advance any legislation necessary to fully implement credit card acceptance at deputy registrar locations pursuant to the recommendations forthcoming from the Department of Public Safety to achieve this longstanding goal. Recommendation As a member of the MDRA and the Deputy Registrar of the city, we are in full favor of the proposed changes and are requesting approval of the following resolution supporting the initiatives proposed that will enable us as a city to continue to provide quality service to the citizens of Maplewood and the community at large. Packet Page Number Page 149 of 216 RESOLUTION SUPPORTING MAINTENANCE OF LOCAL TITLE AND REGISTRATION SERVICES WHEREAS , the State of Minnesota established a public/private deputy registrar system to provide citizens convenient locations to conduct title registration services for motor vehicles and DNR recreational vehicles; and, WHEREAS , the State of Minnesota in 1949 established a user service fee on motor vehicle transactions to be retained by the deputy registrar to defray the cost of providing the local service; and, WHEREAS , the State of Minnesota has shifted increased costs and responsibilities onto the deputy registrar such as regular replacement schedules of computers and associated electronic equipment, printing of previously supplied state forms, and expanded auditing tasks with additional risks and potential liability that was previously the responsibility of the State; and, WHEREAS , the State of Minnesota now competes with deputy registrar offices for the retention of some user fees that were traditionally retained primarily by deputy registrars; and, WHEREAS , collectively the deputy registrar system handles over one billion dollars of state funds for the State of Minnesota annually on a cash basis only with considerable risk whereby dishonored checks are the responsibility of the deputy registrar in the full amount tendered after remitting the bulk of those funds to the State; and, WHEREAS , the user service fee that should fully support the cost for providing motor vehicle transactions no longer covers the operational costs to maintain most deputy registrar offices. Public deputy registrars must use property tax levy proceeds to subsidize this service. Rural areas with lower volumes are in jeopardy of losing service. NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood supports the State Legislature authorizing the acceptance of more secure alternative payments at deputy registrar offices; and to achieve a greater retention of existing fees or a user service fee increase in the year 2009 to maintain local title and registration service to the citizens of Minnesota. Passed and adopted this ____ day of ________________, 2009. Packet Page Number Page 150 of 216 AGENDA NO. __M-5__ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFERS TO CLOSE FUNDS FOR PUBLIC IMPROVEMENT : PROJECTS 02-11, 03-34, 05-11 DATE: January 7, 2009 Transfers are needed to close the funds for three public improvement projects. The Dearborn Heights Drainage Improvement Project 02-11 was abandoned after the preparation of a feasibility study and has a small deficit which should be financed by the Environmental Utility Fund. A similar situation exists for the Lakewood Drive Trail Improvement Project 03-34 which has a small deficit that should be financed by a transfer from the General Fund. The Myrtle Street Drainage Improvements Project 05- 11 were constructed as part of the Project 07-19; the fund for Project 05-11 should be closed by a transfer from the fund for Project 07-19. Therefore, it is recommended that the City Council authorize the following: (1) a $2,205.06 transfer from the Environmental Utility Fund to the fund for the Dearborn Heights Drainage Improvement Project 02-11, (2) a $212.84 transfer from the General Fund to the fund for the Lakewood Drive Trail Improvement Project 03-34, (3) a $438.59 transfer from the fund for Project 07-19 to the fund for Project 05-11 and (4) the appropriate budget changes. Packet Page Number Page 151 of 216 AGENDA NO. _M-6___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 03-04 DATE: January 7, 2009 The (Beam to County road D) Project 03-04 has Kennard Street Improvements been completed and is ready to be closed. The fund for the project has a surplus which can be eliminated by a transfer to another project that was financed by the same bond issue. Therefore, it is recommended that the City Council authorize the following: (1) a $394,507.37 transfer from the fund for Project 03-04 to the fund for Project 02-08 and (2) the appropriate budget changes. Packet Page Number Page 152 of 216 AGENDA NO. __M-7__ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 03-09 DATE: January 7, 2009 The County Road D Water Improvements Project 03-09 were constructed as part of the Highway 61 improvements between Beam and 694 Project 03-07. Therefore, the initial engineering and related costs incurred for Project 03-09 need to be financed by Project 03-07. Also, the bond proceeds and investment interest totaling $215,868.11 that are in the fund for Project 03-09 need to be transferred to the fund for Project 03-07. Therefore, it is recommended that the City Council authorize the following: (1) a $215,868.11 transfer from the fund for the County Road D Water Improvements Project 03-09 to the fund for the Highway 61 improvements between Beam and 694 Project 03- 07 and (2) the appropriate budget changes. Packet Page Number Page 153 of 216 AGENDA NO. _M-8___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 03-18 DATE: January 7, 2009 The Project 03-18 has been Hazelwood and County Road C Street Improvements completed and is ready to be closed. The fund for the project has a surplus which can be eliminated by a transfer to another project that was financed by the same bond issue. Therefore, it is recommended that the City Council authorize the following: (1) a $93,974.25 transfer from the fund for Project 03-18 to the fund for Project 02-08 and (2) the appropriate budget changes. Packet Page Number Page 154 of 216 AGENDA NO. _M-9___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC WORKS BUILDING : ADDITION PROJECT 03-19 DATE: January 7, 2009 The Project 03-19 has been completed and is ready Public Works Building Addition to be closed. The project has a $1,534.37 surplus balance because project costs were less than anticipated. The project was financed by the 2004 Capital Improvement Bonds and the Environmental Utility, Fleet Management and General funds. The surplus in the project fund should be transferred back to one of the funds that financed the project. The General Fund has the greatest need because of the state aid cuts. Therefore, it is recommended that the City Council authorize the following: (1) a Fund $1,534.37 transfer from the fund for Project 03-19 to the Generaland (2) the appropriate budget changes. Packet Page Number Page 155 of 216 AGENDA NO. _M-10___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 03-27 DATE: January 7, 2009 The Edgerton/Roselawn Drainage Improvement Project 03-27 was abandoned after the preparation of a feasibility study and has a small deficit which should be financed by the Environmental Utility Fund. Therefore, it is recommended that the City Council authorize the following: (1) a $17,300.83 transfer from the Environmental Edgerton/Roselawn Drainage Improvement Project Utility Fund to the fund for the 03-27 and (2) the appropriate budget changes. Packet Page Number Page 156 of 216 AGENDA NO. _M-11___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 03-31 DATE: January 7, 2009 The Trail Improvements at Highway 36 and Hazelwood Project 03-31 was abandoned after the preparation of a grant application and has a small deficit which should be financed by the General Fund. Therefore, it is recommended that the City Council authorize the following: (1) a $5,779.06 transfer from the General Fund Trail Improvements at Highway 36 and Hazelwood Project 03-31 to the fund for the and (2) the appropriate budget changes. Packet Page Number Page 157 of 216 AGENDA NO. _M-12___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 03-39 DATE: January 7, 2009 The (Beam to County Road D) Project 03-39 has Hazelwood Street Improvements been completed and is ready to be closed. The fund for the project has a surplus which can be eliminated by a transfer to another project that was financed by the same bond issue. Therefore, it is recommended that the City Council authorize the following: (1) a $57,680.28 transfer from the fund for Project 03-39 to the fund for Project 02-07 and (2) the appropriate budget changes. Packet Page Number Page 158 of 216 AGENDA NO. _M-13___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 04-15 DATE: January 7, 2009 The Gladstone North Area Street Improvements Project 04-15 has been completed and is ready to be closed. Currently there is a surplus of $217,786.22 in the fund for the project but this will be reduced to $148,289.99 after transfers to close the funds for projects 05-16 and 06-10. This remaining surplus can be eliminated by a transfer to another project that needs additional financing. Therefore, it is recommended that the City Council authorize the following: (1) a $148,289.99 transfer from the fund for Project 04-15 to the fund for Project 02-07 and (2) the appropriate budget changes. Packet Page Number Page 159 of 216 AGENDA NO. _M-14___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 05-16 DATE: January 7, 2009 The Kenwood Area Street Improvements Project 05-16 has been completed and is ready to be closed. The fund for the project has a deficit which can be eliminated by transfers from two projects that have a surplus. Therefore, it is recommended that the City Council authorize the following: (1) a $180,000.00 transfer from the fund for Project 01-15 to the fund for Project 05-16, (2) a $90,697.06 transfer from the fund for Project 04-15 to the fund for Project 05-16, and (3) the appropriate budget changes. Packet Page Number Page 160 of 216 AGENDA NO. _M-15___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 05-36 DATE: January 7, 2009 The Project 05-36 has been completed Valley View Drainage Area Improvements and is ready to be closed. The project has a surplus balance because project costs were less than anticipated. This project was financed by the Environmental Utility Fund so the surplus in the project fund should be transferred back to the utility fund. Therefore, it is recommended that the City Council authorize the following: (1) a Environmental Utility Fund $22,183.03 transfer from the fund for Project 05-36 to the and (2) the appropriate budget changes. Packet Page Number Page 161 of 216 AGENDA NO. _M-16___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFERS TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 06-04 DATE: January 7, 2009 The Project 06-04 have been Eldridge Avenue Street and Utility Improvements constructed within Project 07-15, Lark-Prosperity Area Street Improvements. The fund for Project 06-04 has a surplus balance of $33,208.00 and needs to be closed. Most of the initial engineering and related costs for Project 06-04 were paid for by a developer. However, the remaining costs totaling $3,044.88 need to be financed by a transfer from the fund for Project 07-15 which will increase the surplus in Project 06-04. Project 06-04 was initially financed by the Environmental Utility Fund so the surplus in the project fund should be transferred back to the utility fund. Therefore, it is recommended that the City Council authorize the following: (1) a $3,044.88 transfer from the fund for Project 07-15 to the fund for Project 06-04, (2) a nmental Utility Fund $36,252.88 transfer from the fund for Project 06-04 to the Enviro and (3)the appropriate budget changes. Packet Page Number Page 162 of 216 AGENDA NO. _M-17___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 06-15 DATE: January 7, 2009 The Project 06-15 has been completed and Brand Avenue Drainage Improvements is ready to be closed. The project has a surplus balance because project costs were less than anticipated. This project was financed by the Environmental Utility Fund so the surplus in the project fund should be transferred back to the utility fund. Therefore, it is recommended that the City Council authorize the following: (1) a Environmental Utility Fund $50,825.06 transfer from the fund for Project 06-15 to the and (2) the appropriate budget changes. Packet Page Number Page 163 of 216 AGENDA NO. _M-18___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 06-21 DATE: January 7, 2009 The Project 06-21 has been completed Crestview Forest Addition Improvements and is ready to be closed. The project has a remaining surplus balance of $407.47 because project costs were less than anticipated. This project was financed by special assessments which were paid in a lump sum by two homeowner associations. No bonds were issued for this project. Previously, $3,136.31 was refunded to the two associations in payment of the surplus. Therefore, it is recommended that the City Council authorize the following: (1) a General Fund for indirect $407.47 transfer from the fund for Project 06-21 to the overhead costs and (2) the appropriate budget changes. Packet Page Number Page 164 of 216 AGENDA NO. _M-19___ AGENDA REPORT TO: City Manager FROM: Finance Director RETRANSFER TO CLOSE FUND FOR PUBLIC IMPROVEMENT : PROJECT 07-03 DATE: January 7, 2009 The has been completed and is ready to be closed. The fund for the project has a surplus which can be eliminated by a transfer to another project that was financed by the same bond issue. Therefore, it is recommended that the City Council authorize the following: (1) a $2,972.12 transfer from the fund for Project 07-03 to the fund for Project 05-17 and (2) the appropriate budget changes. Packet Page Number Page 165 of 216 AGENDA NO. M-20 AGENDA REPORT TO: City Manager FROM: Finance Director WRITE OFF UNCOLLECTIBLE AMBULANCE BILLS FOR 2006 RE: DATE: January 2, 2009 PROPOSAL It is proposed that the uncollectible 2006 ambulance bills in the amount of $1,225,514.67 be written off and that the Finance Director be authorized to make these writes off annually. BACKGROUND As a preface to the rest of this memorandum, please note that, as of November 1, 2008, responsibility for ambulance billing was outsourced. Going forward, more of the following steps will be the responsibility of the third party firm. Past practice has been to write off uncollected ambulance accounts receivable once they are two years old so for the next two years, the Finance Department will have a continuing role in the collection process. The following four steps are used to collect payments on ambulance bills: 1.First Notice: Ambulance charges are billed on a daily basis upon receipt of a run sheet. The first notice requests: (1) payment in full unless covered by insurance, (2) insurance information and consent forms for those having insurance. 2.Second Notice: If the bill remains unpaid 30 days after the first bill, a second notice is sent to those who have still not paid or did not send in requested insurance information. 3.Third Notice: If the bill remains unpaid 60 days after the first bill, further attempts are made to contact the patient and the hospital for information. 4.Final Notice: If no contact can be made with the person billed, research is done to determine if the amount due can be certified to the person?s property taxes or collected using the Minnesota Revenue Recapture Program. This program permits the City to receive payments by intercepting income tax refunds, property tax credits or refunds, lottery winnings over $600 and political campaign refunds. 5.If the bill remains unpaid, it is sent to a collection agency for collection. The collection agency writes up to four letters and makes phone calls. After 30 days, the collection agency calls us and asks for approval to send the unpaid accounts on to full collection and possible court proceedings. The 2006 ambulance bills proposed to be written off have been processed through these five steps. Further collection efforts are not feasible. Packet Page Number 1 Page 166 of 216 The following graph shows the collection rates for 2003 ? 2006. AMBULANCE BILL COLLECTION RATES AS OF 11-30-08 100.0% 80.0% 63.3% 62.7% 57.5% 60.0% 52.9% 40.0% 20.0% 0.0% 2003200420052006 RECOMMENDATION It is recommended that $1,225,514.67 of ambulance bills be written off as uncollectible and that the Finance Director be authorized to write off uncollectible accounts annually. Packet Page Number 2 Page 167 of 216 Agenda Item M21 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Acting Public Works Director Steve Love, Civil Engineer II SUBJECT: Priory Public Improvements (St. Paul?s Monastery), City Project 07-24, Resolution for Modification of the Existing Construction Contract, Change Order No. 2 DATE: January 2, 2009 INTRODUCTION The council will consider approving the attached resolution directing the modification of the existing construction contract. This change order reflects an increase in the construction contract and was accounted for in the previously adopted developer?s special assessment. BACKGROUND/ DISCUSSION On April 14, 2008, the council awarded a construction contract to Nodland Construction in the amount of $689,702.54. The construction contract included construction of Monastery Way, Benet Road, right turn lanes on Century Avenue and Larpenteur Avenue, and a bituminous trail along Larpenteur Avenue. Change Order No. 1, totaling $17,778.25, was approved at the October 27, 2008 city council meeting bringing the current construction contract total to $707,480.79. Change Order No. 2 is necessary for the following item: Extend existing HDPE storm sewer pipe, reconnect flared end section, and replace riprap to provide a more stable slope next to the newly constructed trail along Larpenteur Avenue at a cost of $1,475.00 The project is complete with the exception of the final bituminous lift which will be placed in the spring. BUDGET Change Order No. 2 will increase the current construction contract by $1,475.00 from $707,480.79 to $708,955.79. No budget adjustments are required. The increase in contract by Change Order No. 2 falls within the approved budget and previously adopted developer special assessment. RECOMMENDATION It is recommended that the council approve the attached Resolution for the Modification of Existing Construction Contract, Change Order No. 2, for City Project 07-24. Attachments: 1. Resolution 2. Change Order No.2 3. Location Map Packet Page Number Page 168 of 216 Agenda Item M21 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-24, CHANGE ORDER NO.2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-24, Priory Public Improvements (St. Paul?s Monastery), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-24, Change Order No.2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.2 in the amount of $1,475.00. The revised contract amount is $708,955.79 . Packet Page Number Page 169 of 216 Agenda Item M21 Attachment 2 Packet Page Number Page 170 of 216 Agenda Item M21 Attachment 2 Packet Page Number Page 171 of 216 Agenda Item M21 Attachment 3 Packet Page Number Page 172 of 216 Agenda Item M22 AGENDA REPORT TO: Acting City Manager, Chuck Ahl FROM: IT Director, Mychal Fowlds SUBJECT:Authorization to make payment for Eden Systems yearly support contract. nd DATE: January 2, 2009 Introduction Support contracts for software are a major necessity due to the fact that there are always fixes and updates and without the support contracts we?re entitled to none of these. Also, in order to speak with any of our third party vendors a support contract is required. Background The City of Maplewood has been using Eden Systems for quite some time. We are now using Eden Systems as the major software package for Finance, Community Development & Parks, Public Works, HR and Citizen Services divisions. All city employees who work on the budget use Eden Systems. The increase in support charges from 2008 to 2009 is due to the addition of the Project Accounting module in 2008. Budget Impact This purchase has been planned for and will be funded from the 2009 IT Fund in the amount of $51,404.17. Recommendation It is recommended that authorization be given to pay the support contract for Eden Systems so as to keep current with updates and to keep Eden Systems support available for staff. Action Required Submit to City Council for review and approval. Attachments: 1. Eden Systems quote MRF Packet Page Number Page 173 of 216 Packet Page Number Page 174 of 216 Agenda Item M23 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: David Fisher, Building Official SUBJECT: Consider Approval to Update City?s Building Code Ordinance DATE: December 30, 2008 INTRODUCTION The State of Minnesota recently informed city staff that Maplewood should update the city building codes used in Maplewood. This memorandum is to explain the code update and to provide the city council with the necessary information to approve the code update. BACKGROUND The Building Official is required to periodically update the City Code references to the State Building Code and to the various components that make up the State Building Code. When changes to the code are formally adopted, the city is required to revise the City Code accordingly. The proposed ordinance amendments are designed to bring Maplewood codes and references up-to-date and in conformance with the current State Construction Codes and Licensing Statutes. The State requires the Metro Cities to use the most current codes adopted by the State of Minnesota. Over the last year 5 years, the City of Maplewood has adopted and/or updated Maplewood City Code Building Regulations Sections 12-36 to 12-39 twice, once in May of 2003 and again in August of 2007. The memorandums are included. DISCUSSION The State of Minnesota adopted the 2006 IBC (International Building Code), IRC (International Residential Code) and the IFC (International Fire Code) as of July 10, 2007. Maplewood City Buildings and Building Regulations Code Chapter 12 Article II Building Code Sections 12-36 to 12-39 adopts the Minnesota State Construction Codes and Licensing Statutes by reference. The attached ordinance has been revised by replacing old references with new references making Maplewood?s Building Code consistent with the provisions of the new Minnesota en and the new Construction Code and Licensing Statutes. The old language has been strick language underlined amending sections 12-36 to 12-39 of the City Code Chapter 12 Building and Building Regulations. RECOMMENDATION Adopt the attached ordinance, which contains housekeeping and clarifying language for various elements of the City?s code provisions for building construction. P:Dave: Building Code Update Building Ordinance Change Dec 2008 Attachments: City of Maplewood Code Section 12-36 to 12-39 Memorandum August 21, 2007 City Ordinance Update ? Building Code Memorandum May 15, 2003 Building Ordinance Change Packet Page Number Page 175 of 216 Attachment 1 BUILDING CODE ORDINANCE CHANGE Corrections to Chapter 12 Buildings and Building Regulations Sec 12-36. Application, administration and enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 326B.121 Subdivision 2(d) 16B.62, subdivision 1, when so established by this ordinance. The code enforcement agency of this municipality is called the building official. This code shall be enforced by the Minnesota Certified Building Official designated by this Municipality to administer the code (Minnesota statute 326B.133, Subdivision 1. 16B.65) subdivision 1. Sec 12-37. Permits and fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Rules Chapter 1300. Statues, 16B.62, subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the municipality by resolution. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 326B.148. 16B.70. Sec 12-38. Violations and penalties. A violation of the code is a misdemeanor (Minnesota Statutes 326B.082, Subdivision 16.16B.69) Sec. 12-39. Adoption. An ordinance adopting the Minnesota State Building Code. This ordinance: provides for the application, administration, and enforcement of the Minnesota State Building Code by regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in this municipality; provides for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; repeals all ordinances and parts of ordinances that conflict therewith. This ordinance shall perpetually include the most current edition of the optional appendix chapters. Optional appendix chapters shall not apply unless specifically adopted. This municipality does ordain as follows: Codes adopted by reference (a). The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry Administration pursuant to Minnesota Statutes chapter 326B,16B.59 to 16B.75, including all of the Packet Page Number Page 176 of 216 amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry Administration, through the Building Codes and Standards Unit, Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. Building Code Optional Chapters (b). The Minnesota State Building Code, Chapter 1300 established pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. (c) The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality. 1. Option Grading 2006 IBC Appendix J. 2. Option 1306.0020 Subpart 3, Option #2, Special Fire Protection system. Existing & New Buildings Special Fire Protection System. 3. Option 1335, Flood Proofing Regulation. Update was on May 27, 2003. Ayes-All Update was on August 27, 2007. Ayes-All P:DAVE Building Code update 837 Ord Update 326B 12-30-08 Packet Page Number Page 177 of 216 Attachment 2 MEMORANDUM TO: Greg Copeland, City Manager FROM: David Fisher, Building Official SUBJECT: City Ordinance Update ? Building Codes DATE: August 21, 2007 INTRODUCTION The Minnesota Department of Labor & Industry recently informed the city building official that Maplewood should update the three optional administration sections of the city building code used in Maplewood. (See Attachment 1, Office Memorandum) The Minnesota State Building Code Rules Chapter 1300 Section 0060 Optional Administration (See Attachment 2) allows municipalities to adopt Minnesota Rules, Chapter 1306 Special Fire Protection System, 2006 IBC Appendix J Grading and Minnesota Rules, Chapter 1335 Flood Proofing Regulations as options. The attachments are provided to the city council with the necessary code updates. (See Attachments 3, 4 & 5) BACKGROUND In 2001, the three-model building code groups, International Conference of Building Officials (ICBO), Building Official Code Administrators (BOCA) and Southern Building Code Congress International (SBCCI) merged into the International Code Council (ICC). The State of Minnesota adopted this new ICC family of building codes as of March 31, 2003. As part of the seven county metro area, the state requires the City of Maplewood to use the most current codes adopted by the State of Minnesota. In May of 2003, the City adopted an ordinance about the building codes in use in Maplewood. This ordinance updated the city code language and adopted the most current State Building Code for perpetual use in Maplewood. In addition to adopting the State Building Code, there were three optional provisions that the city adopted as part of the building code with the council?s action. As such, the city incorporated these options as part of the building code. DISCUSSION The State of Minnesota adopted the 2006 IBC (International Building Code), IRC (International Residential Code) and the IFC (International Fire Code) as of July 10, 2007. Section 12-39(See Attachment 6) of the city code makes the IBC, IRC and the IFC part of the city code by reference. The three options of the building code had some minor updates and language changes that the city should adopt as amendments to the city code. Staff is proposing the following updates to the City of Maplewood?s Building Code options. Existing option 1305 Excavation and Grading: This gives cities regulations for excavation and grading. Packet Page Number Page 178 of 216 Existing option 1306.0020 Subpart 3, E Option #1 Special Fire Protection System: This allows the city to require fire sprinkler systems in all assembly occupancies except for open stadiums. This also allows the city to require fire sprinkler systems in spaces with a smaller floor area than the building code would require. The City of Maplewood has had 1306 in its ordinances for life safety purposes for more than ten years. Existing option 1335 Flood Proofing Regulation. This does not allow buildings to be built in a flood plain zone and allows the inspectors to require drain tile and damp proofing for dwellings. The City of Maplewood has this provision in its current ordinance. The state made no changes to this option in 2007. RECOMMENDATION Adopt the following code updates to Section 12-39 (b)(3) of the city code. These changes are necessary to make the city code consistent with the optional parts of the recently enacted State Building Code for use in the City of Maplewood. (The old language is crossed out and the new language is underlined): A. Option 1305 Excavation and Grading: 2002 IBC Supplement Appendix K 2006 IBC Appendix J. (This gives cities regulations in the building code about grading) B. Option 1306.0020 Subpart 3, E Option #1 #2 Existing & New Buildings Special Fire Protection System: (This allows the city to require fire sprinkler systems in all assembly occupancies except for open stadiums. This also allows the city to require fire sprinkler systems in spaces with a smaller floor area than the building code would require.) Existing option 1335 Flood Proofing Regulation. This does not allow buildings to be built in a flood plain zone and allows the inspectors to require drain tile and damp proofing for dwellings. The City of Maplewood has this provision in its current ordinance. The state made no changes to this option in 2007. P:Dave:Building Ordinance Change Aug 22 2007 Attachments 1. Office Memorandum 2. Minnesota State Building Code1300.0060 Section Optional Administration 3. Minnesota Rules, Chapter 1306 4. Grading 2006 IBC Appendix J 5. Minnesota Rules, Chapter 1335 6. Maplewood Code Section 12-39 Adoption Packet Page Number Page 179 of 216 Attachment 3 MEMORANDUM TO: Richard Fursman, City Manager FROM: David Fisher, Building Official SUBJECT:Building Code Ordinance Change DATE: May 15, 2003 INTRODUCTION In 2001 the three-model building code groups, International Conference of Building Officials (ICBO), Building Official Code Administrators (BOCA) and Southern Building Code Congress International (SBCCI) merged into the International Code Council (ICC). The State of Minnesota has adopted this new ICC family of codes as of March 31, 2003. DISCUSSION As part of the seven county metro area, the City of Maplewood is required to use the most current codes adopted by the State of Minnesota. Therefore, staff is proposing a change in the City of Maplewood?s Building Code Ordinance to adopt the new codes self-perpetuating so as the new codes are adopted by the State of Minnesota we will not have to add them to the city?s ordinance each time there is a change. The ordinance changes proposed are to clean up the language and adopt the most current State Building Code. In addition to adopting the State Building Code, there are three optional provisions that cities may choose to include with the code adoption. These options need to be incorporated as part of the building code for this municipality. Option 1305 Excavation and Grading: This gives cities regulations for excavation and grading. Option 1306.0020 Subpart 3, E Option #1 Special Fire Protection System: This allows the city to require fire sprinkler systems in all assembly occupancies except for open stadiums. This also allows the city to require fire sprinkler systems in spaces with a smaller floor area than the building code would require. The City of Maplewood has 1306 in their current ordinance for life safety purposes. Option 1335 Flood Proofing Regulation. This does not allow buildings to be built in a flood plain zone and allows the inspectors to require drain tile and damp proofing dwellings. The City of Maplewood has this in their current ordinance. RECOMMENDATION Adopt the new State Building Code for use in the City of Maplewood. This approval shall be in effect for all future changes to the State Building Code. The city council further adopts options 1305; 1306.0020 Subpart 3, E Option # 1; and 1335 of the State Building Code. Packet Page Number Page 180 of 216 Agenda Item M24 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: DuWayne Konewko, Community and Parks Development Director SUBJ: Consider Approval to Extend Lease Agreement with Gethsemane Church thru April of 2009 DATE: December 31, 2008 INTRODUCTION At the July 14, 2008 City Council meeting, council authorized the execution of a lease agreement with Gethsemane Church for use of a 10 acre parcel south of the church for park purposes. Staff is requesting to extend the lease agreement with Gethsemane Church from January 1, 2009 to April 30, 2009. Attached is a copy of the previously signed lease agreement for your review. BACKGROUND The terms of the lease agreement with Gethsemane Church were from April 1, 2008 thru December 31, 2008. As the tenant, the City paid Gethsemane Church $2,500 for this lease period. A provision in this lease agreement allows for an extension for two six month periods provided both parties mutually agree to extend the lease. Gethsemane Church is requesting a lease payment of $2,200 a month for this four month lease agreement extension which would represent a total of $8,800 for the period beginning January 1, 2009 to April 30, 2009. In response to this request, staff proposed that the monies ($8,800) allocated towards this lease extension agreement, provided council approval is received, would be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement between the two parties is not reached regarding the purchase of the proposed park land, this offset provision would be nullified. The City continues to work with Gethsemane Church on the proposed purchase of the park land and improvements to the site. Going forward, staff will be bringing the details of this proposed purchase package to the Park Commission in March and City Council in April for consideration. RECOMMENDATION Staff recommends the City Council approve the lease extension agreement with Gethsemane Church in the amount of $2,200 a month for the period from January 1, 2009 thru April 30, 2009 with the following provision; ?The $2,200 per month lease payment ($8,800 total) will be credited back to the City as an offset against the purchase price of the proposed park land?. Attachments: 1. Executed Copy of Gethsemane Church Lease Agreement 2. Addendum to Gethsemane Church Lease Agreement Packet Page Number Page 181 of 216 Attachment 1 Packet Page Number Page 182 of 216 Packet Page Number Page 183 of 216 Packet Page Number Page 184 of 216 Packet Page Number Page 185 of 216 Packet Page Number Page 186 of 216 Packet Page Number Page 187 of 216 Attachment 2 ADDENDUM: GETHSEMANE CHURCH LEASE AGREEMENT EXTENSION BEGINNING JANUARY 1, 2009 AND ENDING ON APRIL 30, 2009 The provisions within the existing executed lease agreement, authorized by City Council at the July 14, 2008 City Council, will be in force with the following two exceptions: Item 1. Term of Lease.The Lease shall start on January 1, 2009 and continue to April 30, 2009. Item 2. Rent. Tenant shall pay rent to Landlord in the amount of $2,200 a month for the lease period that runs from January 1, 2009 thru April 30, 2009. In addition, the $2,200 per month lease payment shall be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement is not reached between the two parties regarding the purchase of the park land, this offset provision would be nullified. Notices 15.. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on 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 follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church Mr. Douglas A. Angerer Congregation President 2410 Stillwater Road Maplewood, MN 55119 Packet Page Number Page 188 of 216 IN WITNESS WHEREOF, Landlord and Tenant have signed this Addendum to the Lease Agreement between Gethsemane Church and the City of Maplewood. GETHSEMANE LUTHERAN CHURCH By: Congregational President THE CITY OF MAPLEWOOD By: Diana Longrie, Mayor City of Maplewood 1830 County Road B East Maplewood, MN 55109 And By: Chuck Ahl, Acting City Manager, City of Maplewood 1830 County Road B East Maplewood, MN 55109 And By: Alan Kantrud, City Attorney, City of Maplewood 1830 County Road B East Maplewood, MN 55109 By: Karen Guilfoile, City Clerk City of Maplewood 1830 County Road B East Maplewood, MN 55109 Packet Page Number Page 189 of 216 Agenda Item M25 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: DuWayne Konewko, Community Development/Parks Director Bill Priefer,PublicWorks Operations Analyst SUBJECT: Consider Approval of 2009 SCORE Funding Grant Application DATE: December 26, 2008 INTRODUCTION Attached is the 2009 SCORE Funding Grant application from the Ramsey County Department of Public Health. The City of Maplewood has the opportunity to apply for a $72,570 grant to subsidize our waste reduction and recycling efforts. The 2008 grant was in the amount of $74,613. BACKGROUND In 1989, the Minnesota Legislature adopted comprehensive waste reduction and recycling legislation based on the recommendations of the Governor?s Select Committee on Recycling and the Environment (SCORE). This set of laws, commonly referred to as SCORE, is part of Minnesota?s Waste Management Act (WMA). The SCORE legislation has provided counties, including Ramsey County, with a funding source to develop effective waste reduction, recycling and solid waste management programs. Ramsey County in turn offers SCORE grants to cities to enhance or improve their waste reduction and recycling efforts. The City of Maplewood annually has applied for and received SCORE grants which require us to submit an annual report detailing recycling rates and our efforts to reduce solid waste through increased recycling. BUDGET IMPACT The 2008 Recycling program budget of $429,560 was subsidized by a Ramsey County SCORE grant in the amount of $74,613.The 2009 grant amount is $72,570 and is based upon a per capita basis. RECOMMENDATION It is recommended that council approve the 2009 SCORE Funding Grant application in the amount of $72,570. Attachment: 1. 2009 SCORE Grant Application Packet Page Number Page 190 of 216 7%-284%906%17)='3928=()4%681)283*49&0-',)%08, )2:-6321)28%0,)%08,7)'8-32 7'36)*92(-2++6%28%440-'%8-32 '-8=83;27,-4'MX]SJ1ETPI[SSH '328%'84)6732&MPP4VMIJIV %((6)77'SYRX]6SEH&)EWX1ETPI[SSH12 4,32) RECYCLING BUDGET 3. Attach a copy of your 2009 municipal budget for all recycling activities, including all funding sources. If your governing body has not adopted the budget, attach the most current draft budget. PUBLIC ENTITIES LAW COMPLIANCE 4. Attach a copy of the disclosure from your hauler(s), or a copy of the relevant portion of any contracts with haulers, that specifies the facility at which waste collected from municipal facilities is deposited. Minn. Stat. § 115A.9302 requires haulers to disclose this information to customers annually. RESOLUTION 5. Attach a resolution from your governing body requesting the SCORE funding allocation, or a certified copy of the official proceedings at which the request was approved. SCORE grants agreements cannot be issued without such an attachment. NAME OF PERSON AUTHORIZED TO SUBMIT GRANT SIGNATURE (electronic signature is acceptable) TITLE DATE Applications will be considered complete when items 1 - 5 above are submitted and a signature is on file. SCORE Program Saint Paul -Ramsey County Department of Public Health Environmental Health Section 2785 White Bear Avenue N., Suite 350 Maplewood, MN 55109-1320 Packet Page Number Page 192 of 216 Agenda Item M26 AGENDA REPORT To: Chuck Ahl, Acting City Manager From: DuWayne Konewko, Director Community Development and Parks Ann Hutchinson, Lead Naturalist Re: Council Consider Approval of Acceptance of Donation from Friends of Maplewood Nature Date: 1 /8/2009 Introduction Maplewood Nature Center has received a donation from the Friends of Maplewood Nature and City Council approval is required before this donation can be accepted. Background Friends of Maplewood Nature has sent the Nature Center a check for $480 to pay for development of energy conservation curriculum associated with the use of the Energy Bike exhibit. In 2007, the Friends supported the purchase of the Energy Bike Exhibit to create awareness of the importance of energy conservation. As part of this exhibit, the Friends agreed to contribute enough funds for the Nature Center to hire seasonal staff to prepare and adapt curriculum for presentations. Chris Soutter spent 32 hours adapting energy curriculum that would fit with the school science standards and our particular exhibit. In November and December 2008, six presentations were made -five to local schools, and one at the 3M science fair. Recommendation It is recommended that City Council approve the attached resolution accepting the $480 donation from Friends of Maplewood Nature and that the necessary budget adjustments be made so the funds can be expended by the Community Development and Parks Department. Packet Page Number Page 193 of 216 RESOLUTION ACCEPTANCE OF DONATION WHEREAS the Maplewood Nature Center has received a $480 donation from the Friends of Maplewood Nature for the development of energy conservation curriculum, NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Community Development and Parks Department to accept this $480 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on SIGNED: (Signature) Mayor (Date) WITNESSED: (Signature) City Clerk (Date) Packet Page Number Page 194 of 216 AGENDA REPORT Agenda #M-27 To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: Consider Approval of Extension of Metro Gang Strike Force Agreement Date: December 29, 2008 Introduction The grant between the Maplewood Police Department and the Metro Gang Strike Force has been extended through December 31, 2009, and City Council approval is required so that we can accept the amended agreement. Background On January 28, 2008, the Maplewood City Council approved a grant agreement between the Police Department and Metro Gang Strike Force for $40,000 to be used toward the salary of an officer to serve on the Gang Strike Force in 2008. Then, on June 23, 2008, the City Council approved the acceptance of an amendment to the agreement whereby we would receive an additional $10,000 in 2008 (for a total of $50, 000). We have now been notified that an additional $50,000 is available to extend the agreement through the end of 2009. City Council approval is required before we can accept the amended agreement; and, if it is approved, it is to be signed by the same City representatives who signed the original agreement in January 2008 (the Mayor and Chief of Police). Budget Impact The $50,000 received would be used toward the salary of the police officer assigned to the Gang Strike Force. Recommendation It is recommended that the City Council approve the extension of this agreement through December 31, 2009. Action Required Submit to the City Council for review and action. DJT:js Packet Page Number Page 195 of 216 AMENDMENT N0.2 TO GRANT CONTRACT 2048-1VIGSF~00514l630Q~2577 Original Contract Effective date: January_1_„2005 Original ContractAmount: - $10,000.00 Original Contract Expiration date; December 31, 2048 Previous Amendment(s) Total : $10,000.00 Amended Contract Expiration date: Decenn6er 31, 2009 Current Amendment Amount: $50,000.00 Total Contract Amount: $100,000.00 This amendment is between the State of Minnesota, acting through its Commissioner of Public Safety; Office of Justice Prograzxls, 444 Cedar Street, Suite 100, St. Pail, Minnesota 55101-5100 ("State") and City of Maplewood, Police Departrrient, 1830 County Road B; Maplewood, Minnesota 55109 ("Grantee"}. Recitals 1 The State has a grant contract with the Grantee identifed as Grant Contract 2008-MGSF-00514/b300-2,677 for the purpose of fiuiding the combined operations of the Criminal Gang Strike Force anal Narcotics Task Forces. 2 The State and the Grantee have -agreed that additional time and funds are necessary for the satisfactory completion of this project. - . 3 The-State and the Grantee are willing to amend the Original Grant Contract and previous Amendments as stated below. Grant Contract Amendment In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined. REVISION 1. Clause 1, "Term of Grant Contract", Section 1.2 of the Original Grant Contract is amended as follows: 1.2 Expiration date. December 31 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs first. REVISION 2. Clause 4, `.`Consideration and Payment", Section 4.1; Paragraphs (1) and (3) of the Original Grant Contract and Amendment No. 1 is amended as follows: (1} Compensation. The Grantee will be reimbursed arnamount not to exceed X58;999:99-$100,000.00 according to the breakdown of costs contained in Revised Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit any revisions to Revised- Exhibit A as described in Section 4:2 (2} of this grant contract and the. revised budget must be approved by the State's Authorized Representative before any expenditures may be made based on the revised budget. {3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the . Grantee under this grant contract will not exceed X8;999:99-$100,000.00. $20,000.00 is available from January 1, 2008 through DeE~~~?'_,''.~a June 30, 2009. ~-38;999:99 $55,000.00 is available from July 1, 2008 through Deebe~l~o~ December 31, 2009. $25,000.00 is available from July 1, 2009 through December 3X; 2009. Grant Amendment 05/07 1 - Packet Page Number . Page 196 of 216 AMENDMENT N0.2 TO GRANT- CONTRACT 2008-MGSF-00514/6300-2577 The Original Grant Contxact and any previous amendments are incorporated into this amendment by reference. 1. ENCU VIBRANCE VERIFICATION 3. STATE AGENCY - Individaral certifies that funds have bean encumbered as - requtred by Minn. Stat. ,~,¢ 1 brl.15 and 1 bC. 05. - Signed: By: (with delegated authority) Date: ~ Title: Crrant Contract No.: 2008-MGSF-00514/6300-2677 Date: 2. GRANTEE ~"he Grantee cert~es that the appr gpriate person(s) have execerted the contract an behalf of the Grantee ¢s required by applicable articles, bylaws, resohrtions, or ordinances. By: Ti#le: Mayor bate: - By: ~ . Title: C)~iefofPolice Date: Distribution: DP3/FAS Grantee State's Authorized Representative Grant Atnendrnent 05/07 i 2 Packet Page Number ' Page 197 of-216 Packet Page Number - Page 198 of 216 AGENDA REPORT To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: Donation From Schmelz Countryside Date: December 29, 2008 Introduction Agenda #M-28 The Police Department has received a donation from Schmelz Countryside, and City Council approval is required before the donation can be accepted. Background For the past several years, Schmelz Countryside has made a donation to the Maplewood Police Department to show its appreciation and support for the work done in the community. This year we received a check for $2,500, and John Schmelz has asked that the money be used toward youth and senior citizen programs. Recommendation It is recommended that approval be given to accept this donation and that the necessary budget adjustments be made for the Police Department to expend the funds as requested by Schmelz Countryside. Action Required Submit to the City Council for review and action. DJT:js Packet Page Number Page 199 of 216 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor's terms if so-prescribed, and; WHEREAS, Schmelz Countryside wishes to grant the City of Maplewood the following: $2,500, and; WHEREAS, Schmelz Countryside has instructed that the City will be required to use the aforementioned for: programs for children and the elderly, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by afour-fifths majority of its governing body's membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on , 20 Signed: Signed: Witnessed: (Signature) (Signature) Mayor Chief of Police (Title) (Title) (Date) (Date) (Signature) City Clerk (Title) (Date) Packet Page Number Page 200 of 216 AGENDA REPORT To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: 2009 Animal Control Contract Date: January 5, 2009 Introduction Agenda #M-29 City Council approval is required to award the 2009 contract for animal control services. Background For the past several years, the City of Maplewood has contracted with Animal Control Services for providing animal control services. These services include answering calls for service, impounding stray animals, investigating cases of animal abuse/neglect, following up on dog/cat and kennel licenses, investigating cases involving dangerous dogs, and education programs for pet owners. Animal Control Services has always provided reliable, professional service and shown that they are willing to work with the City to continue to provide the best service possible. The only changes from the 2008 contract are an increase in the hourly patrol fee, an increase in the fees and change of hours for after-hours Callout, an increase in the animal surrender and daily boarding fees, the addition of euthanasia and disposition and statutory veterinary services, and the fuel surcharge if fuel prices increase beyond $2.50 per gallon. This information from the 2008 contract vs. the 2009 contract is as follows: 2008 Patrol (Per Hour) Unscheduled After-Hours Callout 1 (Per Hour) Unscheduled After-Hours Callout 2 (Per Hour) Unscheduled After-Hours Callout 3 (Per Hour) Unscheduled After-Hours Callout 4 (Per Hour-Wknd/Holiday) Unscheduled After-Hours Callout 4 (Per Hour-Wknd/Holiday) Unscheduled After-Hours Callout 4 (Per Hour-Wknd/Holiday) Unscheduled After-Hours Callout 4 (Per Hour-Wknd/Holiday) Boarding By City Direction/Ordinance (Per Day) Boarding Paid By Animal Owner (Per Day) Patrol Fee Increase If Fuel Prices Increase Beyond: 2009 Patrol-15 hours per week 8 a.m.-6 p.m. Callout-6 p.m.-10 p.m. Monday-Friday (except holidays) Callout-10 p.m.-8 a.m. Monday-Friday (except holidays) Callout-10 p.m. Friday-8 a.m. Monday (and holidays) $29.71 $48.00 (6-9 p.m.) $58.00 (9 p.m.-Mid.) $68.00 (Mid.-7 a.m.) $53.00 (7 a.m.-6 p.m.) $63.00 (6-9 p.m.) $68.00 (9 p.m.-Mid.) $78.00 (Mid.-7 a.m.) $15.50 $18.00 $ 4.00/Gallon $32.00 (Per Hour) $51.00 (Per Hour) $73.00 (Per Hour) $73.00 (Per Hour) Packet Page Number Page 201 of 216 Animal-Owner Charges-Claimed: Administrative Handling Fee $42.00 Daily Boarding Fee $18.00 Statutory Veterinary Services At Cost Animal-City Charges-Unclaimed Animal Surrender Fee $25.00 Daily Boarding Fee $17.00 Euthanasia & Disposition $58.00 Statutory Veterinary Services At Cost This contract has been submitted to the City Attorney for review, and he has approved it. Recommendation It is recommended that the City Council accept the 2009 contract from Animal Control Services. Action Required Submit to the City Council for review and action. DJT:js Attachment: 2009 Animal Control Contract Packet Page Number Page 202 of 216 ANIMAL CONTROL CONTRACT This Agreement, made effective the first day of January, 2009, by and between Animal Control Services, hereinafter referred to as "ACS," and the City of Maplewood, a municipal corporation, located in the County of Ramsey, State of Minnesota, hereinafter referred to as the "City". In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by and between the parties, hereto, as follows: 1. This agreement will continue in effect until December 31, 2009, unless terminated as provided herein. 2. ACS will provide Patrol services on the public streets of the City, in a vehicle suitable for the transportation of small animals, in accordance with City Ordinances and a schedule agreed upon by both parties. The vehicle shall have proper identification displayed at all times. ACS shall maintain and insure such vehicles at all times. In addition to patrol hours, ACS agrees to maintain at least one vehicle for Call Out service to attend to cases outside regular patrol hours at the specific request of a law enforcement agency as approved by the City. 3. ACS shall provide competent personnel, trained in the handling of animals, in proper uniform and identification including employee's first name and/or employee number. 4. The City authorizes ACS to apprehend and retain dogs, cats, and other animals, and/or issue citation tags for violations of the City Ordinances related to animals. ACS will not take action on private property contrary to the expressed wishes of the owner of said property, nor forcibly take an animal from any person, without the instruction, approval, and assistance of a duly licensed Minnesota Peace Officer with current jurisdiction that includes the private property where the animal is located. 5. ACS shall impound and board animals as directed by written order of an authorized City representative, or by 1'1111118 of the Minnesota Board of Health or other Minnesota or United States agency with jurisdiction. 6. Impounded animals shall be kept at Hillcrest Animal Hospital, 1320 County Road D Cir Maplewood, MN 55109, (651) 484-7211, and shall be kept in a suitable, humane manner for a period required by the City Ordinance. ACS may temporarily board at an emergency facility if access and/or treatment is not immediately available at Hillcrest Animal Hospital. 7. If an animal is unclaimed, the City will pay ACS the charges as agreed to on Exhibit One to this Agreement within thirty days of the Statement Date. Before an animal is released to its owner, ACS or its agent shall collect the charges specified on Exhibit One to this Agreement. Packet Page Number Page 203 of 216 In the event that any dogs, cats, or other impounded animals are unclaimed after the expiration of any applicable redemption or quarantine period, or six (6) days, whichever is longer, they shall become the property of ACS and may be disposed of or sold at its sole discretion. All proceeds from the disposition of such animals shall be the sole property of ACS, including any proceeds received from any animals disposed of in accordance with Minnesota Statutes 35.71. 10. The City shall fiu•nish to ACS any required forms or receipts and ACS shall keep records of all animals impounded. 11. ACS shall defend, indemnify, and hold the City harmless including its officers, employees or agents from any and all claims, lawsuits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death, and property damage, including ul~ury to animals caused by its employees. ACS shall provide the City proof of public liability insurance including comprehensive automobile liability in an amount of at least $500,000.00 per each claimant and $1,000,000.00 per occurrence and E.O.C. insurance ul the amount of $250,000.00 per occurrence. ACS shall carry, and upon request of the City provide proof of Workers Compensation Insurance coverage required by Minnesota law. 12. ACS shall comply with the Munlesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality, and shall hold the City and its employees harmless from any claims resulting from any improper disclosure or use of data it receives or maintains in performance of this Agreement. ACS shall immediately report to the City any requests from third parties for information relating to its performance of this Agreement. 13. ACS agrees to promptly respond to inquiries for information or documentation from the City related to its performance of this Agreement. 14. ACS agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Humans Rights Act (Minnesota Chapter 363 and Title VII of the Civil Rights Act of 1964), and any laws governing discrimination based on race, gender, disability, religion, sexual preference, and sexual harassment. Violation of any of the above laws can lead to termination of this contract. 15. Either party hereto, may terminate this contract after thirty (30) days written notice to the other party. Any payments due ACS shall not be affected by termination. 16. Any notice required under applicable law or this Agreement, may be sent to the other party as indicated on Exhibit One herein. 17. ACS shall be entitled to apply a fuel surcharge in the event the average price for unleaded gasoline in the Twin Cities metropolitan area, as measured by AAA or similar reporting service, is $2.50 per gallon or higher. 2 Packet Page Number Page 204 of 216 Richard L. Ruziclca Animal Control Services City of Maplewood sy: Its: Packet Page Number Page 205 of 216 ANIMAL CONTROL CONTRACT EXHIBIT ONE PATROL $32 15 hours per week between 8:00 A.M. and 6:00 P.M. CALL OUT $51 6:00 P.M. to 10:00 P.M. (Mon-Fri except holidays) $73 10:00 P.M. to 8:00 A.M. (Mon-Fri except holidays) $73 10:00 P.M. Friday - 8:00 A.M. Monday & holidays The Call Out rates are a flat fee, determined by the time the request is received by ACS. ANIMAL -OWNER CHARGES -CLAIMED $42.00 Administrative Handling Fee $18.00 Daily Boarding Fee Statutory Veterinary Services (at cost) ANIMAL -CITY CHARGES -UNCLAIMED $25.00 Animal Surrender Fee $17.00 Daily Boarding Fee $58.00 Euthanasia and Disposition Statutory Veterinary Services (at cost) Charges herein do not include any applicable sales taxes. Daily Boarding Fees ace charged for all or any portion of a calendar day an animal is boarded. Notices pursuant to this contract shall be given by deposit in the United States Mail, postage prepaid, addressed as follows: Mr. Richard L. Ruzicka Animal Control Services 6400 Colfax Avenue North Brooklyn Center, MN 55430 As: City of Maplewood Alternatively, notices required by this contract may be personally delivered to the persons named above. Notice shall be deemed given as of the date of personal service or as of the date of deposit of the notice in the United States Mail 12/08 4 Packet Page Number Page 206 of 216 AGENDA ITEM M-30 AGENDA REPORT DATE: January 2, 2009 TO: Chuck Ahl, Acting City Manager FROM: Terrie Rameaux, Human Resource Coordinator SUBJECT: 2009 Pay Rates for Temporary/Seasonal, Casual Part-Time and Paid-Per-Call Employees BACKGROUND Please forward the attached resolution to the City Council for approval. I recommend this resolution be adopted to replace the existing resolution establishing pay rates for temporary, seasonal, casual part-time and paid-per-call employees. The only change to the resolution is a 3% cost of living adjustment (COLA) to the "per run" pay rates for the paid-per-call firefighters. This COLA is also consistent with the proposed 2009 COLA for the City's various collective bargaining groups. RECOMMENDATION Adoption of the attached resolution is recommended. Attachment: 1. Resolution for Temporary/Seasonal, Casual P/T and Paid-Per-Call Firefighter Packet Page Number Page 207 of 216 RESOLUTION WHEREAS, according to the Minnesota Public Employees Labor Relations act, part- time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time (14 hours or fewer/wk) and paid-per-call employees effective January 1, 2009 upon Council approval. Accountant $10.00-30.00 per hour Accounting Technician $9.00-22.00 per hour Administrative Assistant $9.00-23.00 per hour Background Investigator $25.00-35.00 per hour Building Inspector $14.00-35.00 per hour Building Attendant $6.55-15.00 per hour Customer Service Assistant $6.55-15.00 per hour CSO $8.00-16.00 per hour Data Entry Operator $8.00-12.00 per hour Election Judge $6.55-12.00 per hour Election Judge -Assistant Chair $9.00-15.00 per hour Election Precinct Chair $9.00-16.00 per hour Engineering Aide $7.00-16.00 per hour Engineering Technician $10.00-16.00 per hour Fire Department Custodian $600-690 per quarter Firefighter-Paid-Per-Call $9.27, $11.60, $16.24 per run $18.00 per drill Firefighter-Paid-Per-Call -Paramedic Call Pay $32.48 per run Intern $6.55-20.00 per hour IT Technician $15.00-20.00 per hour Laborer $6.55-14.00 per hour Lifeguard $6.55-14.00 per hour Manager on Duty Differential $1.00 per hour Office Specialist $8.50-18.00 per hour Paramedic $17.00-22.00 per hour Receptionist $8.00-16.00 per hour Recreation Instructor/Leader $6.55-32.00 per hour Recreation Official $6.55-30.00 per hour Recreation Worker $6.55-18.00 per hour Theater Technician $20.00-30.00 per hour Vehicle Technician $9.00-15.00 per hour Video Coordinator* $11.00-19.00 per hour Video Technician* $10.00-18.00 per hour Water Safety Instructor (WSI) $7.50-16.00 per hour WSI & Head Lifeguard Differential $1.00 per hour (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) less. *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Packet Page Number Page 208 of 216 AGENDA NO. M-31 AGENDA REPORT TO: City Manager FROM: Finance Director RE: RESOLUTION APPROVING CERTIFICATION OF SPECIAL ASSESSMENTS FOR UNPAID MISCELLANEOUS CHARGES DATE: December 31, 2008 PROPOSAL The alarm ordinance adopted by the Council on 8-28-95 includes a provision that unpaid false alarm charges shall be certified as special assessments. Between October 8t" and December 12th, letters were sent advising companies and homeowners that their unpaid invoice(s) for false alarm charges, abatements and safety inspections along with 8% interest would be added to their property tax bill, for next year if payment was not made within 30 days. A few payments were received in response to these letters. The remaining unpaid bills in the amount of $9,203.23 should be certified as special assessments. RECOMMENDATION It is recommended that the attached resolution be adopted to certify $9,203.23 of unpaid miscellaneous charges for collection with 2009 property taxes with interest at the rate of eight percent on the total amount for one year. Packet Page Number Page 209 of 216 RESOLUTION RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following miscellaneous charges totaling $9,203.23 for collection with the taxes of said property owner for the year 2008, collectible in 2009, with interest at the rate of eight percent (8%) on the total amount for one year. Resolution number: Packet Page Number Page 210 of 216 Miscellaneous Charges 2008 rope y Identification Amount Due with Number ACCOUNT ADDRESS 8% Misc. Charges 182922240016 JEFF SCHNEIDER 1943 JACKSON $114.64 Abatement 142922340070 MEEXAY MEECHAI LOR 1936 PRICE AVE E $114.64 Abatement 182922110032 RESIDENT 2121 SLOAN STN $114.64 Abatement 082922330052 WANDA LEE JACKSON(LACTORIN) 2225 ARKWRIGHT STN $509.63 Abatement 122822320040 RESIDENT 2347 HILLWOOD DR E $232.59 Abatement 152922410004 ADAM BERNIER 1913 WHITE BEAR AVE $302.24 Abatement 152922130066 JOSEPH/CATHERINE GAROGALO 2032 PROSPERITY RD N $286.61 Abatement 172922430015 EDITH TAPIA 1760 EDGERTON STN $97.53 Abatement 102922320014 ALAN MERRICKS CORNER KICK 1357 COPE AVE E $788.40 False Alarm 092922440158 TERRY PERSAUD MPLWD MANOR 2275 ATLANTIC $2,376.00 False Alarm 132822410031 PAM WEBBER 1024 DENNIS STS $124.20 False Alarm 182922340035 RESIDENT 1694 SYLVAN STN $154.92 Abatement 362922110056 GRAYS TAX SERVICE 705 CENTURY AVE SUITE Z $56.16 Life Safety Inspect. 362922110056 COMPUTER SHOP 705 CENTURY AVE N SUITE D $56.16 Life Safety Inspect. 242822420009 LIHN TRAN 1460 STERLING STS $402.57 Abatement 242922440155 KIM REESE/ALVIN LANDSVERK JR 1266 MAYHILL RD N $154.92 Abatement 012922240080 DAPHNEM/ALTER ADAMS 2369 CHIPPEWA CIR E $105.63 Abatement 152922310081 CRYSTAL/GARY BURNS 1828 MANTON STN $114.06 Abatement 242922440128 CHRISTOPHER/MONICA OMARE 1248 FARRELL STN $130.27 Abatement 152922310032 ANDREW/MAUREEN PAPCIAK 1882 BARCLAY STN $117.95 Abatement 362922140025 TUYEN LUAN 2627 FREMONTAVE E $105.63 Abatement 252922240059 JOSE/AURORA YASIS 984 LAKEWOOD DR N $130.62 Abatement 362922110069 ABRAHAM/ANGELA WOLFE 644 FERNDALE STN $117.95 Abatement 122822320060 THOMAS BLYSTONE/JULIE TOELLE 2320 MAILAND RD E $247.80 Abatement 172922310051 ALICIA BARRIENTEZ 523 BELLWOOD AVE E $126.15 Abatement 152922320021 PATRICK/YOUNGA MENIBOON 1809 BIRMINGHAM STN $179.55 Abatement 252922340078 DIANE BOWENS/DAVID WEIDA 2418 BUSH AVE E $105.63 Abatement 012922210005 RESIDENT 2405 BRENNER AVE E $114.08 Abatement 162922310025 CABINS LLP 940 FROSTAVE E $345.06 Abatement 102922130075 AMBER/KEITH BERGORDIS 2499 GERMAIN STN $345.06 Abatement 252922440051 HOLIDAY STATION STORE #523 743 CENTURY AVE N $270.00 False Alarm 1 4292241 001 3 JENNIFER TILLGES 1825 MCKNIGHT $27.00 False Alarm 353022430029 PEDDY COURT 2097 COUNTY ROAD D $124.20 False Alarm 182922330037 LIQUOR STORE 1700 RICE ST #D $56.16 Life Safety Inspect. 182922330037 FAMILY DOLLAR 1700 RICE ST #1A $56.16 Life Safety Inspect. 182922320024 CHALET LOUNGE 1820 RICE ST $56.16 Life Safety Inspect. 172922310094 GOOD SAMARITAN 550 ROSELAWN $216.00 False Alarm 182922340004 FRANKLIN/DIAN GONZALEZ 1779 JACKSON STN $676.32 Abatement 122822230430 NICOLE MALONE 457 MAILAND COURT $286.20 False Alarm TOTAL $9,939.49 Packet Page Number Page 211 of 216 AGENDA NO. M-32 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Resolution Approving Certification of Special Assessments For Unpaid Ambulance Bills DATE: January 2, 2009 PROPOSAL It is proposed that the attached resolution be adopted to certify $43,339.55 of unpaid ambulance bills as special assessments for collection with 2008 property taxes payable in 2009 with interest at the rate of eight percent on the total amount for one year. BACKGROUND Special assessments are levied for unpaid ambulance bills on property within Ramsey County. During the past 12 months letters were sent to individuals that had unpaid ambulance bills. The letters indicated that the balance due for ambulance services along with 8% interest would be added to their payable 2009 property taxes if payment was not made within 30 days. In response to these letters, payments and/or insurance data were received. For the remaining unpaid bills, property records were reviewed to confirm that the property owner name matched the ambulance service customer name. There were 44 matches and these are listed on the attachment for certification. RECOMMENDATION It is recommended that the attached resolution be adopted to certify $43,339.55 of unpaid ambulance bills as special assessments for collection with 2009 property taxes with interest at the rate of eight percent on the total amount for one year. Packet Page Number Page 212 of 216 RESOLUTION RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached ambulance service charges totaling $43,339.55 for collection with the taxes of said property owner for the year 2008, collectible in 2009 with interest at the rate of eight percent (8%) on the total amount for one year. 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N N A tD » y m y FINTR ~ y m z 1 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 FCLCM n o ~ m O FAUNR ~ D m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 FXMNT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 FXOAY Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z FPOUF Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z FOEPY Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z FOEPR Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z FOEIN Packet Page Number Page 214 of 216 AGENDA NO. M-33 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Resolution Designating Depositories for Investments DATE: January 7, 2009 State law, Chapter 427 requires that cities from time to time re-designate financial institutions as depositories for city investments. The last time this was done was in December 2005 when depositories were approved for the period through December 31, 2007. When city investments are made, quotations are obtained from securities dealers who are on the Federal Reserve Bank's list of primary dealers (e.g., Citigroup), securities dealers that are subsidiaries of financial institutions that have been designated as depositories (e.g., Wells Fargo Brokerage Services) and RBC Dain Rauscher which is the securities dealer for the League of Minnesota Cities 4M Fixed Rate Program. The attached resolution does not include any new depositories. If a financial institution that is not a designated depository becomes a good option for city investments in the future, it will be recommended to the Council for designation as a depository as a separate agenda item. Adoption of the attached resolution is recommended. Attachment Packet Page Number Page 215 of 216 RESOLUTION BE IT RESOLVED, that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: Prosperan Bank (fka Washington County Bank) Wells Fargo Bank BE IT FURTHER RESOLVED, that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that funds in the above depositories may be withdrawn and wire transferred to any other depository of the city by the request of the Finance Director or Assistant Finance Director. BE IT FURTHER RESOLVED, that these depository designations are effective until December 31, 2010. Packet Page Number Page 216 of 216