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HomeMy WebLinkAbout2009 04-13 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, April 13, 2009 City Hall, Council Chambers Meeting No. 08-09 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 March 23, 2009, City Council Workshop Minutes 2. Approval of March 23, 2009, City Council Meeting 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. May 25, 2009 Council Meeting ? Change of Date Discussion Due to Memorial Day Holiday H. COUNCIL PRESENTATIONS 1. Silver Star Banner Day City Proclamation Honoring the Sacrifice of the Men and Women in the Armed Forces I. APPOINTMENTS AND PRESENTATIONS 1. Reinstatement of the Human Relations Commission ? Councilmember Nephew 2. Groundwater Presentation - Ramsey Conservation District 5 J. PUBLIC HEARINGS 1. 7:00 p.m. Public Hearing - Wetland Ordinance Amendments ? First Reading K. UNFINISHED BUSINESS 1. Bruentrup Heritage Farm Lease Agreement a. Approval of Lease Agreement L. NEW BUSINESS 1. On-Sale Intoxicating Liquor License ? Eric Froeming, Part Owner and Manager of the Chalet. 2. Approval of Lawful Gambling Permit for Transfiguration Church at Hill Murray High School 3. Council Consideration of Resolution Supporting the Fish Creek Natural Area Greenway Bill?House File No. 2055 4. Resolution Authorizing PMA to Act as Provider of Fixed Rate Investments. M. CONSENT AGENDA 1. Approval of Claims 2. Approval of Joint Powers Agreement with the City of Mahtomedi Regarding Lifeguard Services for Mahtomedi Beach 3. Approval of Joint Powers Agreement with the City of White Bear Lake Regarding Lifeguard Services for Bellaire Beach. 4. Conditional Use Permit Review, Mapletree Group Home, 2831 Southlawn Drive 5. Invitation to Ribbon-Cutting Celebration for Nature Center?s New Sustainable Landscape 6. Lakewood Drive/Maryland Avenue Traffic Signal, City Project 09-03, Approval of Signal Agreement with Ramsey County 7. Approve Purchase of Bituminous Materials 8. Authorize 2009 Street Striping 9. Approve Purchase of 2009- 2010 Winter Road Salt 10. Approve Extension of Traffic and Lighting Infrastructure Maintenance Agreement between St. Paul and Maplewood 11. Approve Contribution to North East Suburban Transit (NEST) 12. Castle Avenue Improvements, City Project 08-12, Resolution Accepting Assessment Roll and Ordering Assessment Hearing 13. Rice Street/TH 36 Interchange, Project 09-07, Project Update 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 651.249.2002 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. Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 p.m., Monday, March 23, 2009 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 5:30 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Hjelle moved to approve the agenda as submitted. Seconded by Councilmember Nephew. Ayes ? All The motion passed. D. UNFINISHED BUSINESS None. E. NEW BUSINESS 1. Fire Department Training Facility Proposal a. Maplewood Fire Chief, Steve Lukin gave the report and answered questions of the council. b. Public Works Director, Chuck Ahl presented and answered questions of the council. c. Ron Leaf, SEH Vadnais Heights gave a presentation and answered questions of the council. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:40 p.m. March 23, 2009 1 City Council Manager Workshop Minutes PacketPageNumber3of250 Item E2 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, March 23, 2009 Council Chambers, City Hall Meeting No. 07-09 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order by Mayor Longrie at 6:50 p.m. due to the Council Manager Workshop going over. 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 The following items were added or tabled to the agenda. Under Council Presentations H1. Expression of Appreciation ? Councilmember Juenemann H2. Rush Line Corridor ? Councilmember Rossbach H3. N.E.S.T. ? Councilmember Rossbach H4. Legacy Grant Program ? Mayor Longrie H5. Lakeland Construction Finance LLC ? Mayor Longrie H6. National League of Cities Conference ? Mayor Longrie H7. Website Corrections ? Mayor Longrie Under New Business: L1. Rezoning Request ? R-1R, Rural Single-Dwelling Residence District, to R-1S, Small Lot Single-Dwelling District, Saint Clair Hills, East of 2510 Carver Avenue - To Be Tabled per the request of the applicant Under Consent Agenda: M3. Ferndale-Geranium Area Street Improvements, Project 07-14, Resolution Approving Final Payment and Acceptance of Project (Includes change Order No. 4) - Tabled M4. Carsgrove Meadows Area Street Improvements, Project 08-10 - Tabled Councilmember Hjelle moved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes ? All The motion passed. March 23, 2009 1 City Council Meeting Minutes PacketPageNumber4of250 E. APPROVAL OF MINUTES Approval of March 2, 2009, Special Council Workshop Minutes. Councilmember Hjelle moved to approve the March 2, 2009, Special Council Workshop Minutes as submitted. Seconded by Councilmember Nephew. Ayes ? All The motion passed. Approval of March 2, 2009, City Council Workshop Minutes. Councilmember Nephew had a correction to page 1, item D 2. 2. the spelling of Mark Gurnis should be Gernis. Councilmember Nephew moved to approve the March 2, 2009, City Council Workshop Minutes as amended. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. Approval of March 9, 2009, City Council Meeting Minutes. Mayor Longrie had a clarification on page 2 in the minutes or page 9 of 220 in the council packet. In item F. 2., the last sentence should be clarified that Councilmember Rossbach (not the council) informed Ms. Baier that was not the intent of the Wood Smoke Task Force. On page 3 of the minutes, or on page 10 of 220, G. 1. a., delete the sentence Mr. Antonen was welcomed with cake that was served in the lobby during the council meeting. Councilmember Nephew had a clarification to page 29 of the minutes, or page 36 of 220. Item H. 2. Fish Creek in the first sentence, after the words, he would like, insert the words (the council) Mayor Longrie had a clarification to the wording on page 29, Item H. 4., it should read: She also mentioned doing research on this option when a new phone system is proposed and set forth in the capital improvement plan in the future budget. Councilmember Nephew moved to approve the March 9, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. F. VISITOR PRESENTATIONS ? PART I 1. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick discussed the weight and burden of government and the number of police a city requires. He discussed the cost of adding police personnel and the responsibility of having an assistant police chief and the cost of that to the city. March 23, 2009 2 City Council Meeting Minutes PacketPageNumber5of250 2. Dave Schilling, 1955 Greenbrier, Maplewood. Mr. Schilling spoke regarding a previous council meeting where a resident discussed recreational fires and the concerns he has with the wording the smoke task force is working on for the ordinance. Councilmember Rossbach addressed the issues that were raised by Mr. Schilling. Mr. Schilling discussed the spending in Ramsey County and asked how Maplewood plans to reduce spending in the city considering the current economy. 3. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten asked if the City Manager would be attending the citizen?s forum meetings because there is very important information that is discussed at the meetings that would be helpful for the City Manager to be a part of. (Mr. Antonen said he would attend.) Ms. Sletten mentioned that she felt there were items on the Consent Agenda that should be placed somewhere else on the agenda so residents could address concerns they may have. 4. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff discussed the fact that residents have been contacting him regarding concerns with the way things are going in the city of Maplewood. Mr. Wykoff read some of the comments that people have shared with him regarding the state of the city. G. ADMINISTRATIVE PRESENTATIONS None. H. COUNCIL PRESENTATIONS 1. Expression of Appreciation ? Councilmember Juenemann 2. Rush Line Corridor ? Councilmember Rossbach 3. N.E.S.T. ? Councilmember Rossbach 4. Legacy Grant Program ? Mayor Longrie 5. Lakeland Construction Finance LLC ? Mayor Longrie 6. National League of Minnesota Cities Conference ? Mayor Longrie 7. Website Corrections ? Mayor Longrie I. APPOINTMENTS AND PRESENTATIONS None. J. PUBLIC HEARINGS 1. Mn/DOT I-494 Expansion, Project 09-02, Public Hearing and Resolution Approving Final Layout (Municipal Consent) a. Public Works Director, Chuck Ahl introduced the item and answered questions of the council. i. Mn/DOT East Area Manager, Adam Josephson, gave the presentation and addressed and answered questions of the council. March 23, 2009 3 City Council Meeting Minutes PacketPageNumber6of250 Mayor Longrie opened the public hearing. 1. Bob Zick, 2515 White Bear Avenue, Maplewood. 2. George Gonzales, 2359 Heights Avenue, Maplewood. 3. Mark Jenkins, 830 New Century Boulevard, Maplewood. Mayor Longrie closed the public hearing. Councilmember Nephew moved to approve the resolution for layout approval after conducting the public hearing in order to provide municipal consent for the I-494 Expansion Project, State Project 8285-93: assoc 8285-94 (Maplewood City Project 09-02). RESOLUTION NO. 09-03-145 FOR LAYOUT APPROVAL rd At a Meeting of the City Council of the City of Maplewood, held on the 23 day of March 2009, the following Resolution was offered by Councilmember Nephew and seconded by Councilmember Hjelle to wit: WHEREAS, the Commissioner of Transportation has prepared a final layout for improvements to I-494 within the City of Maplewood between 0.5 miles south of Century Avenue and Century Avenue; and seeks approval thereof; and WHEREAS, said final layout is on file in the Minnesota Department of Transportation office, Waters Edge, Roseville, Minnesota, being marked, labeled and identified as Layout No. 1 (Parts 1 and 2) S.P. 8285-93 & S.P. 8286-70. Along I-494 from 0.9 miles south of Lake Road (R.P. 61.64) to 0.4 miles north of I-94 (R.P. 57.70); and WHEREAS, The project adds capacity to I-494 by providing a continuous third lane in each direction south of I-94 in said final layouts. NOW, THEREFORE, BE IT RESOLVED that said final layout for the improvements of said Trunk Highway within the corporate limits be and is hereby approved?. Upon the call of the roll the following Council Members voted in favor of the Resolution: ALL The following Council Members voted against its adoption: NONE _____________________________________________________________________________ ATTEST: Mayor _________________________________ Dated ________________, 200________ March 23, 2009 4 City Council Meeting Minutes PacketPageNumber7of250 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I do hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of ___________________________, Minnesota at a duly authorized meeting thereof held on the ______ day of _________________, 200_____, as shown by the minutes of said meeting in my possession. (SEAL) ________________________________ City Clerk Seconded by Councilmember Hjelle. Ayes ? All The motion passed Councilmember Rossbach moved to direct staff to work with Mn/DOT to explore the possibility for a barrier or barricade fence along the west side of I-494 south of Carver Avenue, past Fish Creek. Seconded by Mayor Longrie. Ayes ? All Mr. Ahl agreed to bring information back to the council regarding the possibility of paving a trail underneath I-494 along Century Avenue in order for pedestrians to walk behind the guardrail. An example of a project like that is along Highway 36 at White Bear Avenue. Staff will estimate the cost of doing that and bring it back to the council. K. UNFINISHED BUSINESS 1. Conditional Use Permit Review, Xcel Energy Substation Facility, 1480 County Road D. a. Parks and Community Development Director, DuWayne Konewko gave the report and answered questions of the council. Mayor Longrie asked if anyone from the audience wanted to speak regarding this item. 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Councilmember Nephew moved to approve the Conditional Use Permit Review for Xcel Energy?s This item shall be brought back in one year. electrical substation and related electrical system. Unless there are problems with the site it can be placed on the agenda as a consent agenda item. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. March 23, 2009 5 City Council Meeting Minutes PacketPageNumber8of250 Councilmember Rossbach made a friendly amendment that this item be brought back in one year and should be an item on the consent agenda unless there are problems with the site. Councilmember Nephew agreed with the friendly amendment. 2. Conditional Use Permit Review, Comfort Bus, 1870 Rice Street. a. Parks and Community Development Director, DuWayne Konewko gave the report and answered questions of the council. b. Public Works Director, Chuck Ahl answered questions of the council. i. Jim Rossow, Comfort Bus, 1870 Rice Street, Maplewood addressed and answered questions of the council. Councilmember Rossbach moved to approve the Conditional Use Permit for the bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street and review it again only if the applicant proposes an expansion or to make changes to their facility or if a problem arises including that the city may conduct unannounced traffic counts. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 3. Consider Approval for Minnesota Land Trust to Complete Drafting Conservation Easement for Priory Preserve a. Director Community Development and Parks, DuWayne Konewko gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Caroline Peterson, 1801 Gervais Avenue, Maplewood. Councilmember Juenemann moved to approve proceeding with a conservation easement for the Priory Preserve to include title work and drafting the conservation easement. Furthermore, recommending that the $21,000 fee for this project be paid from CIP Project #PM08.060 (open space improvements). Seconded by Councilmember Rossbach. Ayes ? Mayor Longrie, Councilmembers Hjelle, Juenemann & Rossbach Nay ? Councilmember Nephew The motion passed. The council requested a break at 9 p.m. The council reconvened at 9:10 p.m. March 23, 2009 6 City Council Meeting Minutes PacketPageNumber9of250 L. NEW BUSINESS 1. Rezoning Request ? R-1R, Rural Single-Dwelling Residence District, to R-1S Small Lot Single-Dwelling District, Saint Clair Hills, East of 2510 Carver Avenue. a. City Attorney, Alan Kantrud answered questions of the council. table Councilmember Nephew moved to the proposed zoning map change from R-1R, Rural Single Dwelling Residence District to R-1S, Small Lot Single Dwelling District for the proposed per the 16-lot Saint Clair Hills single-dwelling housing development east of 2510 Carver Avenue request of the applicant. Seconded by Councilmember Juenemann. Ayes ? All table The motion to passed. 2. I-94 Transportation Corridor. a. Resolution Approving Joint Powers Agreement b. Resolution Appointing Commission Member and Alternate i. Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Hjelle moved to approve the resolutions, the first approving the Joint Powers Agreement for the Interstate 94 Transportation Corridor Coalition and a second resolution Mayor LongrieCouncilmember Rossbach appointing as the representative and as the alternate to the Coalition. Resolution 09-03-146 I-94 Corridor Coalition Approving Joint Powers Agreement WHEREAS, the I-94 Corridor currently carries over 130,000 vehicles per day at Highway 52 and 110,000 vehicles per day at Interstate 694; and WHEREAS , the 2030 Transportation Policy Plan has been approved by the Metropolitan Council and shows that traffic and congestion are forecast to increase substantially by 2030 resulting in the entire length of I-94 from downtown St Paul to the St Croix River as being congested; and WHEREAS , the 2030 Transportation Policy Plan identifies the I-94 Corridor as a Transitway Corridor in need of additional analysis; WHEREAS , the transitway analysis is needed to identify how mobility can be maintained and improved in the corridor; and WHEREAS , transitway analysis has been completed on similar Ramsey and Washington County transitway corridors including Red Rock and Rush Line; and WHEREAS, this partnership on these similar transitway corridors has been formalized through a joint powers agreement. NOW THEREFORE BE IT RESOLVED, that the Maplewood City Council hereby approves the I- 94 Corridor Joint Powers Agreement, and Be It Further March 23, 2009 7 City Council Meeting Minutes PacketPageNumber10of250 RESOLVED, The Maplewood City Council authorizes the Mayor and City Manager to execute the I-94 Corridor Joint Powers Agreement. Resolution 09-03-147 I-94 Corridor Coalition Designating Representative and Alternate WHEREAS, the I-94 Corridor currently carries over 130,000 vehicles per day at Highway 52 and 110,000 vehicles per day at Interstate 694; and WHEREAS , the 2030 Transportation Policy Plan has been approved by the Metropolitan Council and shows that traffic and congestion are forecast to increase substantially by 2030 resulting in the entire length of I-94 from downtown St Paul to the St Croix River as being congested; and WHEREAS , the 2030 Transportation Policy Plan identifies the I-94 Corridor as a Transitway Corridor in need of additional analysis; WHEREAS , the transitway analysis is needed to identify how mobility can be maintained and improved in the corridor; and WHEREAS , transitway analysis has been completed on similar Ramsey and Washington County transitway corridors including Red Rock and Rush Line; and WHEREAS, this partnership on these similar transitway corridors has been formalized through a joint powers agreement. NOW THEREFORE BE IT RESOLVED, that the Maplewood City Council hereby appoints Mayor Longrie as the I-94 Corridor Commission representative and Councilmember Rossbach as the alternate for 2009. Said terms shall be effective until January 15, 2010, or until a new designee is appointed by a resolution of the Maplewood City Council. Seconded by Mayor Longrie. Ayes ? All The motion passed. M. CONSENT AGENDA table 1. Councilmember Juenemann moved to items 3 and 4 until the April 27, 2009, Council meeting. Seconded by Councilmember Nephew. Ayes ? All The motion to table passed. 2. Councilmember Hjelle moved to approve items 1, 2, 7-11, 16, 17, Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 3. Mayor Longrie moved to approve item 5. March 23, 2009 8 City Council Meeting Minutes PacketPageNumber11of250 Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. Councilmember Nephew moved to approve item 6. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 5. Mayor Longrie moved to approve item 12. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 6. Councilmember Hjelle moved to approve item 13. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 7. Councilmember Juenemann moved to approve 14. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. 8. Councilmember Juenemann moved to approve 15. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 9. Councilmember Hjelle moved to approve 18. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 10. Councilmember Hjelle moved to approve 19. Seconded by Councilmember Juenemann. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstain ? Councilmember Hjelle The motion passed. 11. Councilmember Juenemann moved to approve 20. Seconded by Councilmember Nephew. Ayes ? All The motion passed. March 23, 2009 9 City Council Meeting Minutes PacketPageNumber12of250 1. Approval of Claims Councilmember Hjelle moved Approval of Claims. ACCOUNTS PAYABLE: $ 457,883.49 Checks # 77845 thru # 77901 Dated 02/27/09 thru 03/10/09 $ 156,590.63 Disbursements via debits to checking account Dated 02/27/09 thru 03/06/09 $ 438,647.09 Checks # 77902 thru # 77983 Dated 03/06/09 thru 03/17/09 $ 409,630.13 Disbursements via debits to checking account dated 03/05/09 thru 03/13/09 __________________ $ 1,462,751.34 Total Accounts Payable PAYROLL $ 556,130.82 Payroll Checks and Direct Deposits dated 03/06/09 $ 3,463.32 Payroll Deduction check #1006944 thru #1006695 dated 03/06/09 ___________________ $ 559,594.14 Total Payroll GRAND TOTAL $ 2,022,345.48 Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 2. Gervais Avenue Street Improvement, Project 05-17. a. Resolution Approving Final Payment and Acceptance of Project b. Transfer to Close Fund 567 Councilmember Hjelle moved to approve the resolution for the Gervais Avenue Street Improvements, City Project 05-17: Approving Final Payment and Acceptance of Project, and; Staff recommends that the council authorize the finance director to implement the final financing plan, shown in the staff report, and to close project find 567 for City Project 05-17. RESOLUTION 09-03-148 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that the Gervais Avenue Street Improvements, City Project 05-17, is complete and recommends acceptance of the project. March 23, 2009 10 City Council Meeting Minutes PacketPageNumber13of250 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 05-17 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $355,614.12. Final payment to Palda and Sons, Inc., and the release of any retainage or escrow is hereby authorized. rd Approved this 23 day of March 2009. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 3. Ferndale-Geranium Area Street Improvements, Project 07-14, Resolution Approving Final Payment and Acceptance of Project (includes Change Order No. 4). table Councilmember Juenemann moved to the resolution for the Ferndale-Geranium Area Street Improvements, City Project 07-14: Approving Final Payment and Acceptance of the Project until the council meeting on April 27, 2009. including Approval of Change Order No. 4 Seconded by Councilmember Nephew. Ayes ? All table The motion to passed. 4. Carsgrove Meadows Area Street Improvements, Project 08-10. a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll table Councilmember Juenemann moved to the resolutions for the Carsgrove Meadows area Street Improvements, Project 08-10: Approving Plans and Advertising for Bids and Ordering the until the council meeting on April 27, 2009. Preparation of the Assessment Roll Seconded by Councilmember Nephew. Ayes ? All table The motion to passed. 5. Castle Avenue Improvements, Project 08-12. a. Resolution Approving Plans and Advertising For Bids b. Resolution Ordering Preparation of assessment Roll Mayor Longrie moved to approve the resolutions for the Castle Avenue Improvements: Approving Plans and Advertisement for Bids and Ordering the Preparation of The Assessment Roll. RESOLUTION 09-03-149 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 26, 2009, plans and specifications for the Castle Avenue Improvements (Project 08-12), have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, March 23, 2009 11 City Council Meeting Minutes PacketPageNumber14of250 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty- one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 23rd day of April, 2009, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 11, 2009. RESOLUTION 09-03-150 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Castle Avenue Improvements, City Project 08-12, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 6. Lark/Prosperity Area Street Improvements, Project 07-15, Resolution for Modification to the Existing Construction Contract, Change Order No. 4. Councilmember Nephew moved to approve the resolution directing the Modification of Existing Construction Contract through Change Order Number 4 for City Project 07-15. RESOLUTION 09-03-151 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, CHANGE ORDER NO. 4 CITY PROJECT 07-15 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 07-15, Lark/Prosperity Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and March 23, 2009 12 City Council Meeting Minutes PacketPageNumber15of250 WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-15, Change Order No. 4. 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. 4 in the amount of $51,188.80. The revised contract amount is $2,588,352.03. rd Approved this 23 day of March 2009. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 7. Century Avenue Improvements, Project 03-15, Resolution Accepting Roll and Ordering Assessment Hearing for April 27, 2009. Councilmember Hjelle moved to approve the resolution for the Century Avenue Improvements, City Project 03-15: Resolution Accepting the Assessment Roll and Ordering Assessment Hearing. RESOLUTION 09-03-152 ACCEPTING ROLL AND ORDERING ASSESSMENT HEARING CITY PROJECT 03-15 WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Century Avenue Improvements, City Project 03-15, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 27th day of April 2009, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. rd Approved this 23 day of March 2009. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. March 23, 2009 13 City Council Meeting Minutes PacketPageNumber16of250 8. Resolution Designating Prosperan Bank as a Depository of Funds and Naming authorized Officers as Signers on the Account. Councilmember Hjelle moved to approve the resolution naming current officers or employees of the City of Maplewood, for Prosperan Bank, N.A. as designated depository. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, 23rd of March, 2009 Minnesota was duly called and held in the Council Chambers of said City of the at 6:30 P.M. The following members were present: ALL Councilmember Hjelle moved adoption of the following resolution: RESOLUTION 09-03-153 CORPORATE BANKING RESOLUTION RESOLVED , that Prosperan Bank, N.A. at any one or more of its offices or branches, be and is hereby designated as a depository for the funds of this Corporation, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any three (3) of the following named officers or employees of the Corporation (?Agents?) listed below. Diana Longrie, Mayor of City of Maplewood James Antonen, City Manager of City of Maplewood Robert Mittet, Finance Director of City of Maplewood And that Prosperan Bank, N.A. shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. FURTHER RESOLVED , that Prosperan Bank, N.A. is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation?s accounts with Prosperan Bank, N.A. bearing the signatures of its Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent?s personal account, and Prosperan Bank, N.A. shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED , that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this Corporation for deposit with Prosperan Bank, N.A., or for collection or discount by Prosperan Bank, N.A.; and to accept drafts and other items payable to Prosperan Bank, N.A. FURTHER RESOLVED , that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions, or purposes for which funds, checks, or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably March 23, 2009 14 City Council Meeting Minutes PacketPageNumber17of250 necessary to carry out the provisions of these resolutions. The other agreements and other acts may not be contrary to the provisions contained in this resolution. FURTHER RESOLVED , that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by Prosperan Bank, N.A. at each location where an account is maintained. Prosperan Bank, N.A. shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given. Seconded by Councilmember Juenemann. Ayes- ALL STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS ) CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the above foregoing extract of the Minutes of a regular 23rd of March, 2009 meeting of the City of Maplewood, held on the , with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to Designation of Depository. WITNESS my hand this ____ of _____ 2009. __________________________________ Karen Guilfoile City Clerk City of Maplewood, Minnesota Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 9. Resolution Naming Authorized Signers for U.S. Bank Treasury Management Service Agreement. Councilmember Hjelle moved to approve the updated U.S. Bank Treasury Management Service Agreement. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. March 23, 2009 15 City Council Meeting Minutes PacketPageNumber18of250 10. Resolution Designating U.S. Bank as a Depository of Funds and Naming Authorized Officers as Signers on the Account. Councilmember Hjelle moved to approve the resolution naming current officers or employees of the city of Maplewood for U.S. Bank as designated depository. RESOLUTION 09-03-154 DEPOSITORY SERVICES FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: CITY OF MAPLEWOOD CONTACT: FINANCE DEPARTMENT ADDRESS: 1830 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 TAX IDENTIFICATION NUMBER: 41-6008920 I, Karen Guilfoile do hereby certify that I am the City Clerk of the above-named governmental entity therein called the Depositor a Municipality existing under the laws of the State of Minnesota and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly rd and properly called and held on the 23 of March, 2009; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED, that U.S. Bank National Association is hereby designated of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorsed; and that any officer of the Depositor is herby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED, that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of a facsimile or mechanical signature or otherwise authorized, by any one of the individuals listed in the section entitled ?Authorized Signers?, and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the Depositor from time to time. RESOLVED, that the City Clerk hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor March 23, 2009 16 City Council Meeting Minutes PacketPageNumber19of250 from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED, That any and all transactions by or on behalf of the Depositor with the Bank prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the person?s names, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled ?Authorized Signers?. I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number: 104755879525 and 150080667150 Authorized Signers TitleSignature Name Diana Longrie Mayor James Antonen City Manager Robert Mittet Finance Director IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this ___________ day of _________________, 20 _______ _________________________________ City Clerk ___________________________ (Certifying Officer) (title) _________________________________ ____________________________________ (Attest by one other officer) (Title) Seconded by Councilmember Juenemann. Ayes ? All The motion passed. March 23, 2009 17 City Council Meeting Minutes PacketPageNumber20of250 11. Lawful Gambling License for Merrick Inc at The Dive Bar. Councilmember Hjelle moved to approve the lawful gambling resolution application for Merrick, Inc. to operate at The Dive Bar. RESOLUTION 09-03-155 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 Dive, located at 3035 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. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. th 12. Approval of Agreement with Melrose North Pyrotechnics for July 4 Celebration Fireworks th Mayor Longrie moved to approve the Agreement with Melrose North Pyrotechnics for the July 4 Celebration in the budgeted amount of $14,000. MELROSE NORTH PYROTECHNICS, INC. AGREEMENT th February2009 10 day of AD by and between MELROSE NORTH This contract entered into this City of MaplewoodMaplewood PYROTECHNICS, INC. of Clear Lake, MN and (Customer) of City Minnesota State. WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms one hereinafter mentioned, agrees to furnish to the CUSTOMER Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to July 4, 2009 be given on the evening of , Customer Initial ______, weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest, within the sole discretion of MELROSE NORTH PYROTECHNICS, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE NORTH PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by CUSTOMER prior to the display CUSTOMER shall be responsible for and shall pay to MELROSE NORTH PYROTECHNICS, INC. on demand, all March 23, 2009 18 City Council Meeting Minutes PacketPageNumber21of250 MELROSE NORTH PYROTECHNICS, INC.?s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. MELROSE NORTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. MELROSE PYROTECHNICS, INC. enters this agreement contingent upon its ability to secure delivery of product for the display. It is further agreed and understood that the CUSTOMER is to pay MELROSE NORTH $14,000 (Fourteen thousand and 00/100 dollars). PYROTECHNICS, INC. the sum of A service fee of 1½ % per month shall be added, if account is not paid within 30 days of the show date. MELROSE NORTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the following items: 420 (a) Sufficient area for the display, including a minimum spectator set back of feet at all points from the discharge area. (b) Protection of the display area by roping-off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorney?s fees and court costs incurred by MELROSE NORTH PYROTECHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE NORTH PYROTECHNICS, INC. CUSTOMER By ________________________________ By ___________________________________ Its duly authorized agent, who represents he/she has full authority to bind the customer. February 10, 2009 Date Signed: Date Signed: ___________________________ (Please type or Print) Dale M. Nowak Name _______________________________ 9405 River Road SE Address _____________________________ Clear Lake, MN 55319 ______________________________ (800) 771-7976 Phone ______________________________ Email _______________________________ Seconded by Councilmember Hjelle. Ayes ? All The motion passed. March 23, 2009 19 City Council Meeting Minutes PacketPageNumber22of250 13. Approval of Resolution for Donation of Resistance Bands to the Community Center from Readex Research. Councilmember Hjelle moved to approve the donation of 150 resistance exercise bands from Readex Research. RESOLUTION 09-03-156 ACCEPTANCE OF DONATION WHEREAS the Maplewood Community Center has received a donation of 150 resistance exercise bands valued at $670 from Readex Research to be used at the Community Center in exercise programs. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Community Center to accept this donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on March 23, 2009. SIGNED: WITNESSED: __________________________ ___________________________ (Signature) (Signature) Mayor ____________________ City Clerk____________________ _________________________ (Date) __________________________ (Date) Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 14.Consider Approval to enter into the Interlocal Agreement to Accept grant money under the 2009 Justice Assistant Grant (JAG) a. Maplewood Police Chief, Dave Thomalla introduced changes to this agenda item which occurred after the council packet was sent out. Councilmember Juenemann moved to approve the Police Department to enter into the Interlocal Agreement to accept grant money under the Justice Assistance Grant. CONTRACT NO. _______ THE STATE OF MINNESOTA COUNTY OF RAMSEY INTERLOCAL AGREEMENT BETWEEN THE CITY OF MAPLEWOOD, LITTLE CANADA, NEW BRIGHTON, NORTH SAINT PAUL, ROSEVILLE, WHITE BEAR LAKE, MOUNDS VIEW, SHOREVEIW, SAINT PAUL, AND COUNTY OF RAMSEY, MN. RECOVERY ACT: JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this ___day of________, 2009, by and between The CITY OF SAINT PAUL, acting by and through its governing body, hereinafter referred to as CITY, and the March 23, 2009 20 City Council Meeting Minutes PacketPageNumber23of250 COUNTY OF RAMSEY, acting by and through its governing body, hereinafter referred to as COUNTY, and City of Little Canada, the City of Maplewood, the City of New Brighton, the City of North Saint Paul, the City of Roseville, the City of White Bear Lake, the City of Mounds View, the City of Shoreview, acting by and through their governing bodies, hereinafter referred to as CITIES, all of Ramsey County, State of Minnesota, witnesseth: NOW THEREFORE, the COUNTY and CITIES agree as follows: WHEREAS , this Agreement is made under the authority of Minnesota Statute 471.59 and WHEREAS , each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS , each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement, and WHEREAS , the CITY agrees to provide the COUNTY $366,307, the City of Little Canada $10,104, the City of New Brighton $21,006, the City of North Saint Paul $16,486, the City of Roseville $35,365, the City of White Bear Lake $36,163, the City of Maplewood $74,452, the City of Mounds View $23,665, and the City of Shoreview $10,104 from the JAG award for their JAG programs less 10 percent administrative fee: and, Section 1. CITY of Saint Paul agrees to pay COUNTY and other named CITIES a total of $570,917 of JAG funds less 10 percent administrative fee. Section 2. COUNTY and other CITIES agree to use their allocation of the JAG funds by September 1, 2013. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY OR OTHER NAMED CITIES. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY OF SAINT PAUL. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. March 23, 2009 21 City Council Meeting Minutes PacketPageNumber24of250 Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. For the City of Maplewood APPROVED AS TO FORM: ____________________________________ Mayor ____________________________________ Chief of Police ____________________________________ City Attorney ____________________________________ Finance Director Seconded by Councilmember Rossbach. Ayes ? All The motion passed. 15. Consider Approval of Purchase of Digital Voice Recorders and System Councilmember Juenemann moved to approve both the purchase of the updated audio system through VeriPic in the amount of $11,148.00 and the purchase of 48 Olympus DS 2400 digital voice recorders from Loffler in the amount of $11,604.24. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 16. Approval of Spring 2009 Clean-up Event At Aldrich Arena Councilmember Hjelle moved to approve the 2009 Spring Clean-Up Event scheduled for April 25, 2009, at Aldrich Arena from 7 a.m. to 1 p.m. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. March 23, 2009 22 City Council Meeting Minutes PacketPageNumber25of250 17. Conditional Use Permit Review, Woodlyn Ponds Townhomes, PUD, Woodlynn Avenue Councilmember Hjelle moved to approve the Conditional Use Permit for the Woodlynn Ponds Townhomes PUD and that it shall be reviewed again in one year. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 18. Conditional Use Permit Review Olivia Gardens PUD, 2313 to 2335 Olivia Court Councilmember Hjelle moved to approve the Conditional Use Permit for Olivia Gardens PUD again only if the home-owners? association proposes a change or if a problem arises. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 19. Approval of Increase for Fire Department Stipends Councilmember Hjelle moved to approve the increase in the yearly stipend for the Fire Engineer from $600 to $1,000 and the Fire Captain from $1,000 to $1,200 retroactive to January 1, 2009. Seconded by Councilmember Juenemann. Ayes ?Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstain ? Councilmember Hjelle The motion passed. 20. Approval of Environmental and Natural Resources Commission Annual Report Councilmember Juenemann moved to approve the Environmental and Natural Resources 2008 Annual Report. Seconded by Councilmember Nephew. Ayes ? All The motion passed. N. AWARD OF BIDS None. G. ADMINISTRATIVE PRESENTATIONS Councilmember Juenemann requested that an announcement be made about the upcoming Spring Clean-Up Event. The Spring Clean Up Event will be on Saturday, April 25, 2009, from 7 a.m. until 1 p.m. at Gethsemane Church. Ramsey County will also be collecting household March 23, 2009 23 City Council Meeting Minutes PacketPageNumber26of250 hazardous waste. A used bicycle shop in Minneapolis called Recycle will accept bicycles that can be rehabbed or used for parts and Second Harvest will be accepting food for the food drive. H. COUNCIL PRESENTATIONS 1. Expression of Appreciation ? Councilmember Juenemann read a statement of Appreciation for Chuck Ahl for his service as Acting City Manager for the past 14 months. 2. Rush Line Corridor ? Councilmember Rossbach said at the last regular meeting one of the items was to look at the funds that are available and which funds had to be expended. The Rush Line Corridor is giving $750,000 to the Met Council to help with the planning and design work for an expansion of the Park and Ride at Maplewood Mall which is projected to cost $15 million. 3. N.E.S.T. ? Councilmember Rossbach said he was asked by task force members for N.E.S.T. to share their concerns with the council with the Met Council funding short fall that there is fear that N.E.S.T. funds will suffer and will be cut. If that were to happen the avenue will be that the participants each pay more money in order to continue to have the N.E.S.T. route. The only route that is left is a dial-a-ride which costs $2.25 a ride. N.E.S.T. will pick you up at your door and drop you anywhere in the Maplewood, North St. Paul, Oakdale area. Councilmember Rossbach discussed at length the other issues at hand with N.E.S.T. 4. Legacy Grant Program ? Mayor Longrie and Councilmember Nephew discussed different grant programs. 5. Lakeland Construction Finance LLC ? Mayor Longrie discussed an article about Lakeland Construction Finance LLC that is in bankruptcy right now in relation to the Richie Place property in Maplewood. 6. National League of Minnesota Cities Conference ? Mayor Longrie met with City Manager Antonen regarding the conference she attended. Mayor Longrie spoke about issues that were discussed at the conference she attended. 7. Website Corrections ? Mayor Longrie requested Councilmember Rossbach make a correction on his website regarding an issue raised by Mayor Longrie. O. VISITOR PRESENTATIONS ? PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 10:42 p.m. March 23, 2009 24 City Council Meeting Minutes PacketPageNumber27of250 THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber28of250 Item G1 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: April 7, 2009 RE: Council Meeting Change of Date Background The May 25, 2009 council meeting falls on Memorial Day. Following is Section 1 A. of theRules of Procedures for City Council and City Council Meetings. This section indicates that when a council meeting falls on a day designated as a legal holiday the council meeting shall be held on the next succeeding Tuesday. Section 1 MEETINGS A. Regular The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 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. th On Tuesday, May 26 the Community Design Review Board is scheduled to meet in thth council chambers at 6:00 p.m. Wednesday 27 and Thursday 28 no meetings are scheduled in the chambers. Consideration nd Staff is requesting that a date be set for the 2 meeting of May. PacketPageNumber29of250 THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber30of250 Item H1 MEMORANDUM TO: City Council FROM: James Antonen, City Manager DATE: April 7, 2009 RE: Silver Star Banner Day Proclamation Introduction Silver Star Families of America is a non profit 501c3 organization that supports and recognizes the wounded, visibly and invisibly, ill veterans and their families. Silver Star Families of America is requesting that city?s across the country join them st locally in proclaiming May 1 as Silver Star Banner Day. It is a way to recognize our war heroes that have returned home wounded or ill from any war. These veterans should be recognized within their local community through the media that they have not been forgotten and the personal sacrifice that they have given in their countrymen's behalf is recognized. st After May 1 all of the proclamations that are received by Silver Star Families of American will be donated to the Stars and Stripes Museum in Bloomfield, Missouri where the original Silver Star Flag is on display. The Department of Defense has recognized Bloomfield as the birthplace of The Stars and Stripes. The United States Conference of Mayors, The League of Cities, and the National Association of Counties, along with many more organizations are supporting this effort. Consideration It is requested that the city council approve the following proclamation and direct staff to forward the proclamation on to the Silver Star Families of American for inclusion in the Stars and Stripes Museum. PacketPageNumber31of250 Silver Star Banner Day CITY Proclamation 2009 WHEREAS, the City of Maplewood, Minnesota has always honored the sacrifice of the men and women in the Armed Forces and WHEREAS, The Silver Star Families of America was formed to make sure we remember the blood sacrifice of our wounded and ill by designing and manufacturing a Silver Star Banner and Flag and WHEREAS, to date The Silver Star Families of America has freely given thousands of Silver Star Banners to the wounded and their families, and WHEREAS, the members of The Silver Star Families of America have worked tirelessly to provide the wounded of this City and Country with Silver Star Banners, Flags and care packages, and WHEREAS, The Silver Star Families of America's sole mission is that every time someone sees a Silver Star Banner in a window or a Silver Star Flag flying, that people remember the sacrificed for this City, State and Nation and WHEREAS, the people and the City Council of the City of Maplewood wish that the sacrifice of so many in our Armed Forces never be forgotten NOW THEREFORE, I, Diana Longrie, MAYOR OF THE CITY OF MAPLEWOOD do hereby proclaim Our appreciation of The Silver Star Families of America and honor their commitment to our wounded Armed Forces members. I hereby declare May 1st ?SILVER STAR BANNER DAY? the permanent and official day to honor the wounded and ill Soldiers of the City of Maplewood. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the th in the year Seal of the City of Maplewood in the State of Minnesota this day of April 13 2009. ______________________________ Mayor, Diana Longrie _____________________________ Attest: Karen Guilfoile, City Clerk PacketPageNumber32of250 Agenda Item J.1 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Shann Finwall, AICP, Environmental Planner Ginny Gaynor, Natural Resources Coordinator Wetland Ordinance Amendments ? First Reading SUBJECT: DATE: April 7, 2009 for the April 13 City Council Meeting INTRODUCTION Wetlands serve beneficial environmental and economic functions. They maintain water quality by filtering pollutants and reducing flooding and erosion, provide food and habitat for wildlife, provide open space for human interaction, and are an integral part of the city's environment. Development surrounding wetlands may degrade, pollute, or accelerate the aging of wetlands. Regulating land use around wetlands is therefore in the public interest. There are over 300 wetlands in the City of Maplewood. The city regulates land use around these wetlands through our wetland ordinance, which was adopted in 1996. BACKGROUND Over the last few years the Environmental and Natural Resources (ENR) Commission has been reviewing the city?s current wetland regulations to ensure protection of wetlands while balancing property owner rights. The city council approved the first reading of the ENR Commission?s proposed wetland ordinance on March 24, 2008. During the meeting the city council requested that staff look into several issues prior to the second reading as well as notify all property owners within 500 feet of a proposed Manage A wetland (highest quality wetland) of the second reading of the ordinance. On April 28, 2008, the city council held the second reading of the ordinance. Of the 757 notices mailed to property owners within 500 feet of a proposed Manage A wetland, 12 residents attended and spoke at the city council meeting. Due to the residents? concerns, the city council tabled the wetland ordinance and sent it back to the ENR Commission for review. The ENR Commission took public testimony regarding the draft wetland ordinance and formulated recommendations to address the concerns raised. On October 7, 2008, the ENR Commission recommended approval of the draft wetland ordinance with changes that attempt to address resident concerns expressed during the city council?s second reading of the ordinance. On March 24, 2009, the city council held a workshop to review the additional changes proposed by the ENR Commission. The city council discussed several aspects of the ordinance including, but not limited to, scientific research regarding buffer widths, property rights, property values, reduced buffers for buffers restored to native plantings, nonconforming manufactured homes, and variance process. For clarification on state laws regarding nonconforming manufactured homes and variance process, the city council recommended that the statutes regarding those items be cited in the ordinance. Staff has added those two additions to the proposed wetland ordinance (Attachment 1). The city council then directed staff to bring the wetland ordinance back before the city council in April for first and second reading of the revised wetland ordinance. 1 PacketPageNumber33of250 DISCUSSION Major Changes Major changes proposed to the original 1996 wetland ordinance are described in the attached Major Changes document (Attachment 2). One of the changes added to the ordinance after the city council?s initial review last year was the addition and clarification of exemption language for nonconforming single and double dwelling homes. The ENR Commission added an exemption for these structures to allow them to be rebuilt without a variance if they are located at least 50 feet from a wetland. In addition, clarifying language was added to explain that existing nonconforming properties (lawns with turf grass in the buffer) can remain and be used as any residential lawn would be used, i.e., planting of gardens, placement of temporary structures, etc. A major change proposed to the draft wetland ordinance reviewed by the city council last year includes the removal of the proposed A+ wetland classification. Maplewood?s current wetland classification system has one more wetland class than RWMWD?s previous classification system. These wetlands are defined as Class 1 wetlands and are determined to be the highest quality wetlands in Maplewood. The ordinance reviewed by the city council during the second reading last April also included a definition for an additional classification (A+ wetland). These wetlands had to meet criteria which defined it as a unique and special type of wetland in Maplewood (oligotrophic acid marsh, fen, wet prairie, sedge meadow, or a forested seasonal wetland). The ENR Commission believes there are a handful of these very special wetlands in Maplewood. In order to protect these rare wetlands the ENR Commission was originally proposing that these wetlands have an increased buffer of 200 feet. To determine which wetlands would fall into the above-mentioned unique wetland category, the city would need to survey all 74 of our Manage A wetlands. This assessment is not feasible at this time. For this reason, city staff is recommending that the Manage A+ definition and proposed 200-foot buffer be removed from the ordinance until further assessment of these wetlands can take place. Once the assessment of the wetlands is complete, city staff will bring this information back to the city council for further review. Wetland Classifications The city?s current wetland ordinance references the Ramsey-Washington Metro Watershed District 1995 Wetland Inventory Map, which is a map of the district showing the category of all wetlands (based on their conditions and functions). In 2005, RWMWD reclassified wetlands in the district (including a majority of the wetlands in Maplewood) based on the MnRAM method of wetland classification. In comparing classifications from the old system to the new, 128 wetlands in Maplewood were upgraded, 55 were downgraded, and 60 remain the same. The main reason wetlands were downgraded since 1995 include: degradation of wetlands since 1995, the 1995 classification system was more subjective than the MnRAM system and may not have been as accurate, and forested wetlands or wetlands located in a school or natural area were automatically placed in the highest class regardless of quality. The reason wetlands were upgraded was because of the new criteria and scientific data collected through the MnRAM system, and the inaccuracies associated with the previous wetland classification system. RWMWD?s reclassification of wetlands was the main catalyst for the city?s new wetland regulations. If the city does not adopt the new RWMWD classifications as part of our wetland 2 PacketPageNumber34of250 ordinance we will be relying on outdated wetland assessments, will not be protecting our wetlands based on their condition and function, and will not be consistent with the watershed district?s wetland classifications. Wetland Buffers The major component of wetland regulations are the requirement for wetland buffers. Wetland buffers are the lands that surround wetlands and streams. They are integral to maintaining the health and valuable functions wetlands and streams perform. The ENR Commission is proposing changes to the city?s existing buffer requirements, which currently range from 20 to 100 feet. The ENR Commission agreed that based on the scientific information available today a 50-foot buffer is the minimum buffer needed to adequately reduce the sediments and pollutants entering wetlands. Therefore, the minimum buffer for a wetland has been increased from 20 feet to 50, but the maximum buffer remains the same at 100 feet as shown on the following wetland buffer table: Wetland Proposed RWMWD Existing Class Buffer Buffer Buffer Class 1: 100? avg, 100? min Manage A 100? 75? avg, 37.5? Class 2: 100? avg, 50? min min Manage B 75? 50? avg, 25? min Class 3: 50? avg, 25? min Manage C 50? 25? avg, 12.5? Class 4: 25? avg, 20? min min Utility 10? 10? Class 5: 0? Scientific Basis for Buffer Width Recommendations Approach Used to Set Buffer Widths: The proposed buffer recommendations were developed based on the following: 1. Staff and wetland committee reviewed summaries of scientific studies and concluded that the minimum buffer that consistently captured stormwater pollutants was 50 feet. 2. Staff and wetland committee believe every wetland in Maplewood deserves a wide enough buffer to remove pollutants from overland stormwater runoff. Thus, 50 feet was set as the minimum buffer width. 3. Staff and wetland committee believe that higher quality wetlands deserve more protection. Thus 25 feet was added to the buffer for each higher class. This resulted in 50, 75, and 100-foot buffers for Manage C, B, and A wetlands respectively. 4. In Maplewood?s existing ordinance, buffer requirements range from 20 to 100 feet. Staff and wetland committee feel we should strengthen, not weaken, our existing standards. We strongly believe that our highest quality wetlands deserve at least a 100-foot buffer. Literature reviewed: To develop recommendations for wetland buffers, staff and the wetland committee reviewed summaries of scientific studies on buffer width. There are several limitations to buffer studies including: 1) many of the studies are for rivers and streams, not for wetlands, 2) many of the studies are for agricultural or forested areas, 3) many studies only evaluated one buffer width, 4) the studies are difficult to compare, and 5) the results are extremely varied. 3 PacketPageNumber35of250 We reviewed several publications but relied most heavily on the following documents: Benefits of Wetland Buffers: A Study of Functions, Values and Sizeprepared for the Minnehaha Creek Watershed District (2001). Emmons & Olivier Resources (EOR), www.minnehahacreek.org/documents/MCWD_Buffer_Study.pdf. This study was prepared by local ecologists for a watershed district in our region. It summarizes buffer studies and makes recommendations for Minnehaha Creek Watershed District. Use of Best Available Science in City of Everett Buffer Regulations (2001). Prepared for the City of Everett, WA by Pentec Environmental, www.everettwa.org/cityhall/upload_directory/COMP_PLAN/City%20of%20Everett%20B AS%20Buffer%20Regs%20report.pdf. Wetland and Stream Buffer Size Requirements ? A Review (1994). A.J. Castelle, A.W. Johnson, and C. Connolly. Journal of Environmental Quality 23:878-882. (No web address available.) Buffer Zones and Beyond (2001). Lynn Boyd, University of MA , www.umass.edu/nrec/pdf_files/final_project.pdf. This report focuses on habitat needs for wetland wildlife species. A Review of the Scientific Literature on Riparian Buffer Width, Extent and Vegetation (1999). Seth Wenger, for the University of Georgia, www.rivercenter.uga.edu/service/tools/buffers/buffer_lit_review.pdf. Staff also reviewed the following document published in 2008, after the ordinance was drafted: Planner?s Guide to Wetland Buffers for Local Governments (March 2008). Environmental Law Institute, www.elistore.org/reports_detail.asp?ID=11272. This is a good guide for municipalities. It is easy to read and has a two- page summary of buffer science. In reviewing the science we looked at the ability of a buffer to: 1) remove solids and nutrients, 2) provide habitat, and 3) protect the wetland from disturbance. The report that was prepared for theMinnehaha Creek Watershed District was of special interest because it plots the results from several studies, showing the range of results. This allows us to take the results as a composite, rather than trying to compare studies. For example, one graph has 24 data points and plots the percent of total phosphorous (TP) removed against buffer size. When statistical analysis is done and a line is fitted to the data, it suggests 62 percent TP removal by a 50-foot buffer and 73 percent TP removal by a 100-foot buffer. It is difficult to summarize buffer science in a page or two and doing so involves some interpretation. In Table 1 below, staff has summarized the data from two publications. The list of publications above includes web addresses for those who wish to review the publications directly. In addition to the science summarized in Table 1, staff?s thoughts on buffers were impacted by the following: 1. ?In an assessment of 21 established buffers in two Washington counties, Cooke (1992) found that 76 percent of the buffers were negatively altered over time. Buffers of less than 50 feet were more susceptible to degradation by human disturbance. In fact, no 4 PacketPageNumber36of250 buffers of 25 feet or less were functioning to reduce disturbance to the adjacent wetland? (Planner?s Guide to Wetland Buffers for Local Governments). 2. ?Larger buffers will be more effective over the long run because buffers can become saturated with sediments and nutrients, gradually reducing their effectiveness, and because it is much harder to maintain the long term integrity of small buffers? (Planner?s Guide to Wetland Buffers for Local Governments). Reducing Buffer Size for Buffers of Native Plants: During the March 24 workshop, the city council discussed the idea of reducing buffer widths if a property owner establishes native plants in the buffer. While the science supports this approach, staff advises strongly against this at this time for several reasons: 1) Restoring a wetland buffer can be very complex and usually requires specialized knowledge, 2) Homeowners with the time and inclination can acquire much knowledge in this area but most projects will need some technical support, 3) Projects done without proper planning and implementation could severely degrade a wetland (by erosion, herbicide drift, etc.). The city supports and promotes planting of natives in buffers but we are not ready to handle a massive influx of projects. Each year we partner with RWMWD to present a buffer class to show residents what?s involved in wetland restoration. Staff hopes we will be able to expand our partnership and programming to include technical support for buffer restoration projects. As more successful buffer restorations are done in Maplewood, residents? knowledge of restoration techniques and challenges will increase, and the city will be in a better position to more vigorously promote buffer restoration. Table 1. Excerpts from two summary publications regarding buffer effectiveness. The two publications review and summarize many of the same studies. Text below is direct quotation from the publications, but abbreviations are used. . From: Benefits of Wetland Buffers: From: Planner?s Guide to Wetland A Study of Functions, Values and Buffers for Local Governments Size Removal of The reports?seem to reach a A significant % of sediment in surface Sediments or consensus that ?good? solids flows may be removed in a 14-30? Totalreduction begins with a buffer buffer, but sediments may be more Suspendedwidth of about 50?. consistently remove by buffers of 30- Solids (TTS) ?the graphic indicates that 100?. TSS reductions of 70% and Course sediments are likely removed more begin to occur with efficiently in the first 16-66? of a buffer, certainty when buffer widths and removal of finer particles may reach 50?. The graphic also require buffer of at least 66?. shows that the lower limit of Sediment removal efficiency 70% occurs for every instance decreases as slope increases. when 100? of buffer is in place. Wider buffers also may be necessary The 100? line seems to be the to maintain sediment removal bottom width for which 80-100% efficiencies over time as buffers removal occurs. become saturated with sediments. 5 PacketPageNumber37of250 From: Benefits of Wetland Buffers: From: Planner?s Guide to Wetland A Study of Functions, Values and Buffers for Local Governments Size Removal of In shallow slope situations, a Much of the phosphorous may be Total50? buffer seems to be removed with the first 13-30? of the Phosphoroussufficient, but as slope increase, buffer, but phosphorous may be more (TP)a wider buffer (100?) seems to consistently removed by buffers of 30- be warranted. 100?. ?50? again marks the transition Buffers can become saturated with between relatively low TP phosphorous and generally cannot removal and (with a few provide long term storage of exceptions) higher removal phosphorous? (>65%). Removal of Although Figure 3 shows that ?narrow buffers, 3.3-49.2?, can be Nitrogensubstantial subsurface nitrate effective at removing nitrogen, but reduction can occur in buffers wider buffers, >164?, more consistently less than 50?, consistent remove significant amounts of reduction over 75% are virtually nitrogen. assured over 50? and rise to the ?50%, 75%, and 90% nitrogen 90%+ range when 100? of buffer removal efficiencies?would occur in are provided. buffers of approximately 10?, 92?, and The increase in surface nitrate 367? wide, respectively, depending on removal with an increase [in buffer characteristics and nitrate buffer width] from 50? to 100? is loading rates. about 15%... Based on a review of some of the same literature, Wenger (1999) suggested that a minimum of 50? is necessary for effective nitrogen removal? ?Vidon and Hill (2004) found that a 50? buffer was effective at removing 90% of the nitrate at location with loamy soils? Habitat for (The following is a summary, The Environmental Law Institute?s wildlifenot a quotation). A 200-300? (2003) review of the science found buffer is needed to provide that effective buffer sizes for wildlife essential habitat for wetland protection may range from 33 to more associated species, especially if than 5000 feet, depending on the wetland has open water. species. Birds: from 49? to over 5000? Mammals: between 98? and 600? Reptiles and Amphibians: ?.core terrestrial habitat for reptiles associated with wetlands ranged between 417? and 948?, and for amphibians 521? and 951? 6 PacketPageNumber38of250 RESIDENT CONCERN Sharon Sandeen, Wakefield Lake resident, has submitted two documents for the city council?s review. The first document is Ms. Sandeen?s suggestions regarding perceived ambiguities in the ordinance language (Attachment 3). Staff has reviewed this document and implemented some of the changes proposed (shown in bold on the attached ordinance). The second document is a memorandum describing three areas of policy concern: 1) private property already developed for residential living; 2) wetlands that are part of public waters; and 3) lakes, streams, and wetlands that are already used as dumping grounds to stormwater runoff (Attachment 4). Ms. Sandeen will present this memorandum with signatures of other residents who share her concerns at the first reading of the wetland ordinance. RECOMMENDATION Approve the first reading of the wetland ordinance amendment attached (Attachment 1). This ordinance makes changes to the Environmental Protection and Critical Area Article pertaining to wetland regulations. P:\com-dev\ord\environmental protection\wetland\4-13-09 First Reading Memo Attachments: 1. Wetland Ordinance Amendment 2. Major Changes 3. Sharon Sandeen Perceived Ambiguity Language 4. Sharon Sandeen Policy Concern Memorandum 7 PacketPageNumber39of250 Attachment 1 ORDINANCE NO. ____ AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION AND CRITICAL AREA ARTICLE OF THE CITY CODE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises portions of Article VII. (Environmental Protection and Critical Area) (Changes to the city?s current wetland ordinance are underlined if added dealing with wetlands. and stricken if deleted. Changes requested during the March 2, 2009, city council workshop are underlined and in bold. Some of the ambiguity changes proposed by resident Sharon Sandeen are underlined and in bold italics.) 1. Findings and purposes. of this section are as follows: The findings and purposes a. Wetlands serve a variety of beneficial functions. Wetlands maintain water quality by filtering pollutants and reducing flooding and erosion., They provide food and habitat for wildlife, provide open space for human interaction, and are an integral part of the city's environment. Wetlands, depending upon their type, size, and location within a watershed, may represent are an important physical, educational, ecological, aesthetic, recreational, and economic assets to the city. The ability of a wetland to provide any of these benefits must be evaluated on a case-by-case basis because of the uniqueness of local physiographic, biological, cultural, and land use characteristics. Properly managed wetlands are needed to support the city?s efforts to reduce flooding and to protect the public They are critical to the city?s health, safety, and general welfare. Surrounding development may degrade, pollute, or accelerate the aging of or eliminate wetlands. Regulating land use around wetlands is therefore in the public interest. b. Streams are also significant elements of the city's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational, and economic asset. Surrounding development may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating land use around streams is therefore in the public interest. Requiring buffers recognizes that the surrounding uplands relate to the woodland and stream quality and function and, therefore, are in the public interest. c. Buffers are the lands that surround wetlands and streams which contain a protective zone of vegetation within a specified distance. They are integral to maintaining the valuable functions many wetlands and streams performand to maintaining a wetland?s or stream?s health. Requiring buffers recognizes that the surrounding uplands impact relate to the wetland?s and stream's quality and function and, therefore, is are in the public interest. Buffers have the following functions: (1) Rreduce the impacts of surrounding land use on wetlands and streams by stabilizing soil to prevent erosion by stormwater; and filtering suspended solids, nutrients, pollutants, and harmful substances. 1 PacketPageNumber40of250 Section 1.c. (Findings and Purpose) Continued: (2) Moderateing water level fluctuations during storms. (3) Buffers also pProvide essential wildlife habitat. (4) and Provide shade to reduce the temperature of both stormwater runoff and the wetland or stream. Water temperature is one of the factors controlling the ability of water to hold dissolved oxygen. This ability decreases with increasing water temperatures. The dissolved oxygen level needs to be maintained at a minimum level to maintain healthy aquatic life. (5) Finally, buffers rReduce the adverse impacts of human activities on wetlands and streams. (d)The purposes of this section are to: a.Preserve wetlands and streams in a natural state. ab. Preserve the beneficial functions of wetlands and streams by regulating the surrounding land uses within the buffered areas that are defined under this section. bc. Reduce erosion and the resulting sediment loading to wetlands or streams by stabilizing the landscape within the buffered areas that are defined under this section. Stabilize the soil around wetlands to prevent stormwater erosion. d. PreserveFiltering and enhance surface water quality by reducing the input of suspended c solids, nutrients, and harmful chemical substances that may adversely impact public health or aquatic habitat. before theyfrom reaching wetlands, streams, and public waters. de. Reduce human disturbances of wetlands and streams by visually separating wetlands from yards. ef. P Reduce or prevent the flooding and of public and private property and to reduce or eliminate the costs that are associated with of reclaiming water quality improvements necessary to support the beneficial uses of impaired wetlands or streams. g.Protect propertyvalues. h. Protect beneficial plant and wildlife habitat. f gi. Educate the public, including appraisers, owners, potential buyers, or developers, to regarding the development limitations of wetlands, streams, and associated buffers that are defined under this section. j. Encourage property owners who live adjacent to and/or near wetlands and streams to be responsible stewards including managing and enhancing the quality of buffers and restoring the buffer to a diverse planting of deep-rooted native plants. 2. Definitions: The following words, terms, and phrases when used in this section shall have the meanings ascribed to them in this subsection, except where the context of the word, terms, and phrases clearly indicates a different meaning. 2 PacketPageNumber41of250 Section 2 (Definitions) Continued: Alterationmeans any human action that adversely affects a buffer. Alterations include, but are not limited to, the following: grading, filling, dumping, dredging, draining, cutting, pruning, topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any hazardous or toxic substance, discharging pollutants except stormwater, paving, construction, application of gravel, discharging pollutants, compacting or disturbing soil through vehicle or equipment use, or any other human activity that adversely affects the vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include the following: a. Walking, passive recreation, fishing or other similar low-impact activities. b. Planting that enhances native vegetation, once the planting plan is approved by city staff. c. The selective clearing, pruning, or control of trees or vegetation that are dead, diseased, noxious, weeds or hazardous. d. Wetland enhancement measures which have been approved by other regulatory bodies. Average buffer width means the average width of a buffer within a single development, lot or phase. Best management practices (BMP?s) mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces, planting of deep-rooted native plants, landscape and pavement maintenance. Buffermeans a stream or wetland buffer or lands that surround wetlands and streams which contain a protective zone of vegetation within a specified distance. along a stream or around a wetland. Clearing means the cutting or removal of vegetation. Enhancement means an action that increases the functions and values of a wetland, stream, or wetlandbuffer. Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within forty eight (48) hours of a storm event. Lake means an area of open, relatively deep water that is large enough to produce a wave- swept shore. Lawn area means an area of mowed turf grass or other areas used for the purpose of outdoor enjoyment which may include gardening, nonpermanent structures, impervious patios, and play areas used for the purpose of outdoor enjoyment which includes, but is not limited to, gardening, placement of temporary structures, and impervious patios. Mitigationmeans an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer, wetland, or stream. 3 PacketPageNumber42of250 Section 2 (Definitions) Continued: has grown Native area means an area where native vegetation exists. Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. has grown Naturalized area means an area where naturalized vegetation exists and is not maintained. Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted. It may be a native or non-native species. Some naturalized species are appropriate in a buffer and some are considered weeds. Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Ordinary high water mark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Rain garden means an infiltration basin that is planted as a garden that allows water to infiltrate within 48 hours of a storm event. Restoration means returning a wetland, stream, or buffer to a condition that is similar to that before development of the surrounding area. Semipublic means land that is maintained by a private organization for public use. Setback means the minimum horizontal distance between a structure and the nearest edge of the buffer, wetland, or stream. Straight-edge setback is measurement to determine the allowable setback of an addition to an existing house, garage, deck, or driveway which is located closer to or within the required buffer setback. Straight-edge setback additions are measured by using the existing edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. This definition does not include drainage swales or ditches that channel intermittent stormwater runoff. means land that is in direct drainage to a stream and within the boundary Stream buffer described by this article. A person shall measure all buffers from the ordinary high water mark (OHWM) as identified in the field. If a person cannot determine the OHWM, the stream buffer shall be from the top of the stream bank. Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground. 4 PacketPageNumber43of250 Section 2 (Definitions) Continued: Sustainable design means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best management erosion control methods approved by the city. Variancemeans a deviation from the standards of this section that is not specifically allowed. plant life growing at, below, or above the soil surface. Vegetation means any organic Water quality pond means a pond that has been created to capture stormwater runoff. These are not natural wetlands. Stormwater is often piped into these ponds but may also enter through sheet runoff. These are also called utility ponds. Water quality pond edge means the normal high water level for a water quality pond. Wetland buffer means land that is in direct drainage to a wetland within the boundary described by this section. All buffers shall be measured outward from the wetland edge. Weed means a plant which is causing damage in some way to native vegetation or ecosystems. (See also noxious weed.) Wetlands means those areas of the city inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas as defined in the (Army Corps of Engineers regulations 33 CFR 328.3 1988). Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil and other documentation of the previous existence of wetland vegetation such as aerial photographs. Wetland classes. The city defines the wetland classes used in this section as follows: (a)Class 1 wetlands means wetlands assigned the unique/outstanding rating in the Ramsey-Washington Metro Watershed District Wetlands Inventory, 1995. Class 1 wetlands are those with conditions and functions most susceptible to human impacts, are most unique, have the highest community resource significance and similar characteristics. (b)Class 2 wetlands mean high value (definition based onWatershed wetlands inventory results). (c)Class 3 wetlands mean wildlife habitat value. d)Class 4 wetlands mean moderate value impacts. ( (e)Class 5 wetlands means wetlands assigned the highly impacted rating in the Ramsey- Washington Metro Watershed District Wetlands Inventory, 1995. Class 5 wetlands are those with conditions and functions most affected by human activities, with the least diverse vegetation communities, least community resource significance and similar characteristics. 5 PacketPageNumber44of250 Section 2 (Definitions) Continued: For the purposes of this section, the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States, FWS/OBS-79/31 (Cowardin et al, 1979) contains the descriptions and photographs of wetland classes and subclasses. a.Manage A wetlands are defined as a Manage A wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands are exceptional and the highest-functioning wetlands in Maplewood. All streams in the City of Maplewood are also defined as Class A. b.Manage B wetlands are defined as a Manage B wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands are high- quality wetlands. c.Manage C wetlands are defined as a Manage C wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands provide moderate quality. d.Utility Class ? Defined as water quality ponds. Wetland easement means a designated area that includes the wetland or buffer where disturbance from mowing, cutting, or similar activities is prohibited. Wetland functions means the natural processes performed by wetlands, such as helping food chain production, providing wildlife habitat, maintaining the availability and quality of water such as purifying water, acting as a recharge and discharge area for groundwater aquifers, and moderating surface water and stormwater flows, and performing other functions, including but not limited to those set out in U.S. Army Corps of Engineers regulations at 33 CFR 320.4(b)(2)(1988). Wetland or stream edge means the line delineating the outer edge of a wetland or stream. This One shall establish this line by shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service. The applicable watershed district must verify this line. 3. Applicability: This section shall apply as follows: a. This section shall apply tTo any person or use that would alter a wetland, stream, or buffer after April 24, 1995add date of adoption of new ordinance. b. When any provision of any ordinance conflicts with this section, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this section. This also applies to the applicable watershed district regulations. c.Public and semipublic streets, utilities, or trails, whether built by a public agency or private developer, shall be subject to this section. 6 PacketPageNumber45of250 4. General Exemptions: This section shall not apply to the following: a. Non-chemical control and removal of noxious weeds within the buffer. Refer to section 5.k.3.b. (Manage Weeds in Buffer) regarding the use of chemical treatment. b. Planting native plants within the wetland buffer after approved by city staff. c. Removal of limbs, brush, or branches that are dead or pose a safety hazard. d. Removal of trees that are dead, diseased, or pose a safety hazard after approval by city staff. . The construction or maintenance of publicor semipublic drainage facilities, a sedimentationponds, or erosion control facilities. b. The maintenance of public or semipublic facilities including streets, utilities and trails. Where the city council waives these requirements for the construction of public and c. semi-public utilities or trails, whether built by a public agency or private developer. e. Public or semipublic streets, utilities, and trails. The city councilmay waive the requirements of this ordinance forthe construction or maintenance of public or semipublic streets, utilities, and trails where there would be a greater public need for the project than to meet the requirement of this section. The city council shall hold a public hearing before declaring such a waiver. The city shall notify the property owners within 350 feet of the buffer at least ten days before the hearing.In waiving these requirements the city council shall follow the standards listed below: in subsection (e) of this section. utilities and (1) The city may only allow the construction of public or semipublic streets through buffers where there is no other practical alternative and the following requirements are met: (a) The city council must approve the waiver to allow public or semipublic utilities or streets to be located within a buffer. Before the city council acts on the waiver the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The planning commission shall hold a public hearing for the waiver. The city staff shall notify the property owners within five hundred (500) feet of the buffer at least ten days before the hearing. (b) Utility or street corridors shall not be allowed when endangered or threatened species are found in the buffer. (c) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland or stream as possible. corridor construction and maintenance shall protect the (d) Utility or street wetland, stream, or buffer and avoid large trees as much as possible. The city shall not allow the use of pesticides herbicides or other hazardous or toxic substances in buffers, streams, or wetlands. In some situations the use of herbicides may be used if prior approval is obtained from city staff. 7 PacketPageNumber46of250 Section 4.e.1. (Exemptions - Public or Semipublic Utilities and Streets) Continued: (e) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city code. (f) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to road which is parallel to wetland edge. by parallel roads. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. (g) Mitigation actions must be met as specified in section 6 below (Mitigation and Restoration of Buffers). (2) The city may allow public or semipublic private trails in buffers. Trails must be approved by city staff and are subject to the following guidelines: (a) Trails shall not be allowed when endangered or threatened species are found to be present in the buffer. (b) The trail shall not beofhave aimpervioussurfacematerials.An elevated boardwalk shall not be considered an impervious surface. equal to the width of the trail (b) Buffers shall be expanded, where possible, corridor. (c) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by city staff. after completing the trail. (d) All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. (e) The trail must be designed and constructed with sustainable design methods. The trail may provide one access point to the wetland but such an access (f) shall be no more than four (4) feet wide. (g) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public use. (i) Trails or boardwalks shall not be constructed entirely around the wetland. (h) City staff may require additional mitigation actions as specified in section 6 below (Mitigation and Restoration of Buffers). 8 PacketPageNumber47of250 Section 4 (Exemptions) Continued: b. Structures, vegetation and maintenance activities and practices in existence on the effective date of the ordinance from which this section derives. A contractor or owner may remodel, reconstruct or replace affected structures if the new construction does not take up more buffer land than the structure used before the remodeling, reconstruction or replacement. c. Where this section would deny all reasonable use of a lot of record. In such case, the owner or contractor shall construct any building to maximize the setback from a buffer. Federal, state or watershed district rules and regulations shall apply. Alterations to a buffer shall be the minimum necessary to allow for the reasonable use of the property. Where feasible, the city mayrequire the mitigation of any alteration of a buffer. f. Additions to a house, garage, deck, or driveway using the existing straight-edge setbacks to a wetland or stream if the following apply: (1) Property is zoned or is being used as a single family residence. (2) There is no other reasonable alternative than encroachment toward the wetland or stream with the addition. (3) The house, garage, deck, or driveway is a minimum of twenty-five (25) feet from the wetland or stream edge. (4) Addition does not cause degradation of the wetland, stream, or the existing buffer. Mitigation actions must be met as specified in section 6 below (Mitigation and (5) Restoration of Buffers). g. A property which is located within a wetland buffer, but is separate from the wetland by an existing road. . A nonconforming single or double dwelling residential structure which loses its h nonconforming status as described in Minnesota Statutes, section 462.357, subdivision 1(e) is allowed to be rebuilt in the buffer if the new single or double dwelling residential structure meets the following conditions: (1) maintains at least a fifty (50) foot setback from the wetland; and (2) best management practices are implemented to help protect improve the wetlandbufferas described in Section 5.k.3.a., b., and c. (Standards, wetland protection strategies)restoration; and (3) city staff approves the location and best management practices through the building permit process; or (4) the property owner obtains a variance from the wetland buffer requirements as allowed per Section 8 below, Section 44-13 of the city code, and Minnesota Statutes. 9 PacketPageNumber48of250 Section 4 (Exemptions) Continued: i. Work within a buffer which was approved by the Minnesota Department of Natural Resources water permitting process and access to those areas by a trail which is limited to the width of the water permit. A nonconforming manufactured home which is located within a wetland buffer j. can be replaced with a new manufactured home without approval of a variance as long as the replacement meets with the requirements of Minnesota Statutes, section 462.357, subd. 1.a. 5. Buffer Sstandards: Standards for this section buffers are as follows: a. Wetland Filling: The city does not allow the filling of wetlands.Where the watershed district has approved a wetland filling permit. The city shall require mitigation for any disturbed buffer land. b.Minimum Buffer Widths: The minimum buffer widths shall apply to all wetlands, including those created, restored, relocated, replaced, or enhanced. c. Maintenance of Buffers: Buffers shall remain in a natural state with naturalized or native vegetation. d. Restoring Buffers: Property owners interested in voluntarily restoring their buffer to native plants should submit a restoration plan to the city. Property owners should reference section 5.k.3.a. (Restoration of Buffer with Native Plantings) for guidance on how to proceed. Restoration plans require approval by to city staff. e. Wetland, Stream, or Buffer Easements: The property owner of any property affected by this section may be required to shall record wetland, stream, or buffer easements with the county. These easements shall describe the boundaries of the buffer and prohibit any building, mowing, cutting, filling, or dumping within the buffer, stream, or wetland. The owner or developer shall record such easements with a final plat, with deeds from a lot division or before the city issues a building permit for an affected property. The applicant shall submit proof that the owner or developer has filed the notice. f. Stormwater: The discharging of stormwater to a wetland or stream must comply with section 44-1245 of the City of Maplewood ordinances (Storm Management). g. Plantings in Buffers: An affected property owner shall maintain a buffer. Any planting in anaturalized buffer shall be done with native vegetation after the planting plan has been approved by city staff. h. Alterations in Buffers: The city prohibits the alteration of buffers except as allowed in general exemptions. The city may waive this requirement where the watershed district has approved a permit for filling all or part of a wetland. i. Minimum buffers: The following are the minimum required buffer widths and structure building foundation setbacks: 10 PacketPageNumber49of250 Section 5.i. (Standards ? Minimum Buffers) Continued: Buffer Wetland Classes Manage A2 Utility Class 1 & Streams ManageB3 Manage C 4 Class 5 * Average buffer width 100 ft. 100 ft. 50 ft. 25 ft. 0 ft. Minimum Buffer Width 100 ft. 10050 ft. 7525 ft. 5020ft. 100 ft. Building Foundation Structure Setback from Edge of Buffer 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. j. Buffer Measurement: Buffers shall be measured horizontally from wetland or stream edge, not across the buffer landscape. On slopes greater than eighteen percent (18%) the buffer width shall be increased to 10 feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. The city may require a variable buffer width to protect adjacent habitat that the city determines is valuable to the wetland, stream, wildlife or vegetation. k. Alternative Minimum and Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, alternative size buffers may be necessary to allow for the reasonable use of the land. In such cases an alternative minimum and average buffer width will be permitted on ten percent (10%) of the linear wetland buffer within the parcel, which will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. (1) The alternative average buffer standards set forth below may be applied based on an assessment of the following: (a) Undue hardship would arise from not allowing the alternative, or would otherwise not be in the public interest. (b) Size of parcel. (c) Configuration of existing roads and utilities. Percentage of parcel covered by wetland. (d) (e) Configuration of wetlands on the parcel. (f) Will not cause degradation of the wetland or stream. (g) Will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 11 PacketPageNumber50of250 Section 5.k. (Standards ? Alternative Minimum and Average Buffers) Continued: (2) The following are the alternative average buffer widths and structure setbacks: Buffer Wetland Classes Manage A & Streams Manage B Manage C Minimum Buffer Width* 75 ft. * 50 ft*. 50 ft. Average Buffer Width 100 ft. 75 ft. N/A Structure Setback From Outer Edge of Buffer 10 ft. 10 ft. 10 ft. *The minimum buffer width may be used on no more than ten (10) percent of the linear wetland buffer area located within the parcel. (3) The appropriateness of using the alternative average buffers will be evaluated as part of the review of the contractor?s or owner?s development application. The alternative average buffer used must be within the spirit and intent of this code and must meet one or more of the requirements set forth by the city to include, but not limited to, the following strategies: (a) Restoration of buffer with native plantings. Submittal of a buffer restoration plan. The plan may need to be drafted by a professional experienced in wetland or stream restoration based on the size of the restoration project as deemed necessary by city staff including: 1. Existing vegetation. 2. Restoration methods. 3. Maintenance procedures proposed during first three years of establishment. 4. Erosion control measures. 5. List of plants to be planted. 6. Qualifications of contractor. Only contractors with experience and success restoring wetland or stream buffers or natural vegetation shall be approved. 7. Maintenance agreement which states that the owner will maintain the buffer to its improved state. 8. The city may require a cash escrow or letter of credit to cover 150 percent of the required work. 12 PacketPageNumber51of250 Section 5.k. (Standards ? Alternative and Average Buffers) Continued: (b) Manage weeds in buffer. All weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a weed management plan drafted by a professional experienced in wetland and stream restoration including: 1. Target weeds. 2. Appropriate management techniques, including the use of chemical treatment if approved by city staff as part of the management plan. 3. Management schedule. 4. Potential erosion and reseeding if management will create large areas of dead vegetation. 5. Cash escrow or letter of credit to cover 150 percent of the required work. (c) Reduction in stormwater runoff and/or improvement of quality of stormwater runoff entering wetland or stream. This may be achieved through the following strategies or other staff approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. 1. Reduce amount of pavement on site (i.e. fewer parking stalls, narrower driveways, shared parking with other businesses). 2. Use pervious pavement such as pavers or porous asphalt. 3. Use turf pavers or modified turf areas for overflow parking. 4. Install rain garden or infiltration basin. 5. Install rock trench or rock pit. 6. Install filter strip of grass or native vegetation. 7. Install surface sand filter or underground filter. 8. Install native plantings on site to reduce fertilizer use and improve infiltration. 9. Install a green roof on buildings. 10. Install grit chambers, sediment traps, or forebays. l. Stormwater Drainage Facilities: The city does not allow the construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within the buffer. 13 PacketPageNumber52of250 Section 5 (Standards) Continued: m. Construction Practices: Special construction practices shall be required on projects or developments adjacentnextto wetlands or streams and their buffers. Practices to be approved by city staff before issuance of a grading or building permit include, but are not limited to, the following: (1) Grading. (2) Sequencing. (3) Vehicle tracking platforms. (4) Additional silt fences. (5) Additional sediment control. 6. Fencing and sign standards: n.a. Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of buffers. Such erosion control measures must remain in place until the owner and contractors have finished all development activities that may affect the buffer. o.b. Wetland Signs: The city may require that a property owner or developer install wetland signs bBefore grading or starting construction.,The wetland signs will be placed on the boundary between a buffer and adjacent land shall be identified using permanent signs. These signs shall mark the edge of the buffer and shall state there shall be no mowing, cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of one-hundred (100) feet of wetland or stream edge. p.c. Erosion Control Breaches: All erosion control measures must be maintained and inspected to ensure compliance and protection of wetlands, streams, and buffers. The contractor or owner shall be responsible for all erosion/sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. q.d. Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. r.e. Erosion Control Removal: After completion of grading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. s.f. It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. 7. Mitigation and Restoration of Buffers:The city requires mitigation when a property owner or 6. contractor has altered or will alter a wetland, stream, or buffer. The property owner or contractor shall submit a mitigation plan to city staff for approval. In reviewing the plan, the city may require the following actions:in descending order of preference. 14 PacketPageNumber53of250 Section 6 (Mitigation and Restoration of Buffers) Continued: a. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. b. Rectifying the impact by repairing, rehabilitating, or restoring the woodlandbuffer. c. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. d. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at up to a twoone-to-one ratio. e. Monitoring the impact and taking appropriate corrective measures. f. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. at a similar density to the amount before alterationA replanting plan must be approved by the city before planting. g. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. h. All strategies as listed in item 5.k.3. (Alternative Average Buffer). 7. Nonconforming Buildings, Structures, and Properties: Any existing building or structure, or any existing lawn area or use of property not in conformity with the regulations prescribed in this insert date of new ordinance chapter as of the date of the adoption of such regulation () shall be regarded as nonconforming and may continue. Continued use of such nonconforming lawn area includes uses such as gardens or the placement of temporary structures. Naturalized and native areas are not included in this nonconforming use clause. 8. Variances: Procedures for granting variances from this section are as follows: a. The city council may approve variances to the requirements in this section. All variances must follow Section 44-13 of the city codeand Minnesota Statutes. b. Before the city council acts on a variance the environmental and natural resources commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council planning commission.The planning commission city council shall hold a public hearing for the variance. before approving a variance. The cCity staff shall notify the property owners within five hundred (500) 350 feet of the buffer at least ten days before the hearing. c. The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies as listed in item 5.k.3. (Alternative Average Buffer). b. To approve a variance, the council must make the following findings: 15 PacketPageNumber54of250 Section 8 (Variances) Continued: 1) Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The term "undue hardship" as used in granting a variance means the owner of the property in question cannot put it to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone are not an undue hardship if reasonable use for the property exists under the terms of this section. 2) The variance would be in keeping with the spirit and intent of this section. 9. Wetland or Buffer Surety: The applicant shall post a wetland or buffer mitigation surety with the city, such as a cash deposit or letter of credit, of one hundred and fifty (150) percent of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by staff. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city code or city directive. 10. Enforcement: The city reserves the right to inspect the site or property during regular city business hours or upon notice to the property owner or its designated representative one business day in advance if the inspection is to occur at a different time for compliance with this ordinanceduring development or alteration. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. The city council approved the first reading of this ordinance on April 13, 2009. The city council approved the second reading of this ordinance on _______________. _______________________________ Diana Longrie, Mayor Attest: ________________________________ Karen Guilfoile, City Clerk 16 PacketPageNumber55of250 Attachment 2 Major Changes Proposed to the 1996 Maplewood Wetland Ordinance by the Environmental and Natural Resources Commission April 7, 2009 1. Wetland Purpose Recommendation. Keep the content of the existing ordinance regarding purpose of wetlands and ordinance. Discussion. The Environmental and Natural Resources (ENR) Commission reviewed purpose statements from many other communities and found Maplewood?s current statement is well stated and comprehensive. 2. Wetland Classification System Recommendation. The ENR Commission recommends adopting the new Ramsey-Washington Metro Watershed District?s (RWMWD) classification system. Discussion. a. RWMWD has adopted the Minnesota Routine Assessment Method (MnRAM) classification system. MnRAM classifies wetlands as Manage A (exceptional and highest-functioning), Manage B (high quality), and Manage C (moderate quality). This system has become a standard in our region. If classification is ever questioned, wetland consultants are experienced with this system. b. In 2003-2005, RWMWD staff visited the 243 wetlands in Maplewood located in their watershed district, used MnRAM to conduct assessments, and determined a classification for each wetland. c. The old classification system used by RWMWD was much more subjective than MnRAM. d. In comparing classifications from the old system to the new, 128 wetlands were upgraded, 55 were downgraded, and 60 remained the same. The main reasons wetlands were downgraded included: 1) Wetland degraded since 1995. 2) The 1995 classification was more subjective than the new system. In addition, the inventory work in 1995 was done by one staff person and five interns and thus may not have been as accurate. 3) In the 1995 classification, forested wetlands were automatically placed in the watershed district protect classification (highest class) regardless of quality. 4) In the 1995 classification, many wetlands at schools or in natural areas were automatically placed in the watershed district protect classification, regardless of quality. 5) If the city does not adopt the new RWMWD classifications we have the responsibility of classifying wetlands. This would not be a good use of city resources since RWMWD performs this service. 1 PacketPageNumber56of250 3. Buffer Widths. Buffers are the lands that surround wetlands and streams. They are integral to maintaining the valuable functions wetlands and streams perform as well as maintaining the health of the wetland. Recommendation. The ENR Commission recommends the following buffer widths: Recommended Buffer Current Ordinance RWMWD Rules Class 1: 100? avg, 100? min Manage A 100? Class 2: 100? avg, 50? min 75? avg, 37.5? min Manage B 75? Class 3: 50? avg, 25? min 50? avg, 25? min Manage C 50? Class 4: 25? avg, 20? min 25? avg, 12.5? min Utility 10? Class 5: 0? 10? a. The buffer shall be measured horizontally from wetland edge, not across the landscape. b. On slopes greater than 18 percent the buffer width shall be increased to 10 feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. Apex Buffer extends 10? beyond slope apex Slope > 18% 75? Example: 75? buffer for Manage B wetlands. Slope > 18% so must extend buffer 10? beyond top of slope. c. Setback. There shall be a 10-foot structure setback from the buffer edge for all wetland classes. In addition, the ENR Commission recommends that averaging be allowed for Class A and B wetlands, on no more than ten percent (10%) of the buffer area, as follows: Recommended Buffer New RWMWD rules Avg Min Manage A 100?75?75? avg, 37.5? min Manage B 75?50?50? avg, 25? min Manage C 50? 50? 25? avg, 12.5? min Utility 10? 10? The ENR Commission recommends averaging be allowed only when necessary to allow for flexibility in a development if necessary. In addition, if averaging is used, other requirements must be met such as restoration of buffer to native plantings, managing weeds in buffer, reduction in stormwater runoff. 2 PacketPageNumber57of250 Discussion. The ENR Commission reviewed literature on the buffer width necessary to reduce sediments and solids, phosphorus, nitrogen, pesticides and metals, organic matter and biological contaminants. a. The ENR Commission agreed that based on the scientific information available today a 50-foot buffer is the minimum buffer needed to adequately reduce the sediments and pollutants entering wetlands. b. To protect Maplewood wetlands, buffers must be wide enough to adequately capture sediments and pollutants. The ENR Commission believes that all Maplewood wetlands deserve a buffer that provides the function of capturing pollutants, which is a minimum of 50 feet. c. Wetlands that are less disturbed, higher quality, or more sensitive to pollutants require and deserve wider buffers. Our current ordinance uses this approach, as do RWMWD and most cities in our area. With a minimum 50-foot buffer set for Class C wetlands (lowest quality) the ENR Commission believes a 75-foot buffer for Class B wetlands and a 100-foot buffer for Class A wetlands is appropriate. d. The wetland committee encouraged RWMWD to increase their buffer widths so we would have the same buffer width requirements. They were not willing to increase the widths. The ENR Commission feels strongly that RWMWD requirements are not adequate and Maplewood should set its own. e. Current Maplewood ordinance and RWMWD rules allow for averaging. The ENR Commission believes a minimum of 50 feet is needed to capture pollutants, so buffers should never be less than 50 feet. Thus the ENR Commission does not support averaging on Class C wetlands (which has a 50-foot buffer requirement). f. The ENR Commission believes that averaging should be allowed only when necessary, and only if the applicant meets other requirements to improve the buffer or reduce the impacts of stormwater on the wetland. g. In discussing the issue of slope, the ENR Commission reviewed the project at Woodhill development (south of Linwood Avenue, north of Applewood Park, on Dahl Avenue). Here the slopes were steep, the required buffer stopped midslope in areas, and erosion control measures were not able to protect the wetland. We believe that steep slopes adjacent to wetlands should not be disturbed at all. Scientific literature indicates that steeper slopes reduce effectiveness of buffers because runoff moves too quickly for filtration and infiltration. Thus a wider buffer is needed on slopes to capture pollutants. Researchers? opinions vary on what should be considered steep, from 10 percent to 40 percent slopes. The ENR Commission decided 18 percent slope should be our cutoff. Our current ordinance (article V, Section 12-308 Slopes) prohibits development on slopes of 18 percent or greater which are in direct drainage to a protected water. 4. Activities in Buffer Recommendations. a. Activity. The ENR Commission added clarifying language in the ordinance to explain what can and can?t take place in the buffer that is in an existing naturalized state versus one that is turf grass (nonconforming). In general, common lawn practices taking place in a buffer that is being maintained as lawn can continue, such as gardening or the placement of temporary structures. 3 PacketPageNumber58of250 b. Alteration. Current and proposed ordinance prohibit alteration of buffer. Alteration means any human action that adversely affects a buffer. Alterations include, but are not limited to, grading, filling, dumping, dredging, draining, cutting, pruning, topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any hazardous or toxic substance. c. Structure placement. Structures shall not be permitted in a buffer, unless these structures were previously located and legally placed in the buffer prior to the new ordinance or would fall under exemptions. d. Vegetation. Keep existing vegetation content, any planting in an existing naturalized buffer shall be from native vegetation. In addition, expand upon this section of ordinance to clarify that areas of the buffer that are naturalized shall remain so and residents are encouraged to restore buffer areas to native vegetation. e. Applicability. Keep current ordinance?s approach to applicability. Applicability shall apply to anyone altering the buffer after the adoption of the ordinance. In the current ordinance ?applicability? applies to anyone that would alter wetland or buffer after April 24, 1995. This means vegetation and structures in place before adoption could remain. Discussion. The ENR Commission is not recommending substantial content changes in activities. However, they do want to make this section of the ordinance clearer. They also want to add language in this section encouraging residents to improve their buffers by establishing native vegetation and lessening impacts of passive recreation in the buffer. The ENR Commission believes the ordinance should not only protect wetlands but encourage enhancement of wetlands. 5. Exemptions Recommendations. The ENR Commission recommends changes in the exemption section including allowing exemptions for: a. Additions to a house, garage, deck, or driveway using the existing straight-edge setbacks to a wetland for single family homes, if minimum of 25 feet from wetland edge, and if mitigation actions performed (such as restoration of buffer). A straight-edge setback is defined as the existing edge of the house, garage, deck or driveway nearest the buffer and extending that in a parallel direction. 4 PacketPageNumber59of250 Straight Edge Diagrams b. Trails allowed in the buffer on public and semi-public land if certain conditions are met. Current ordinance allows trails on public land. Semi-public land is land that neighborhood or general public can access. Discussion. The ENR Commission believes homeowners need the ability to make improvements to their home. 6. Variances Recommendation. The ENR Commission recommends that their commission be able to review and make recommendations on all wetland ordinance variances, in addition to the planning commission?s review. Discussion. Since the city council changed the ENR Committee to a full-fledged commission in 2006, the ordinance gives the commission authority to review and make recommendations on these matters. State statute requires that the planning commission hold the public hearing on the variance, but it only makes sense for the environmental experts to review and make a recommendation on the proposal as well. 5 PacketPageNumber60of250 Attachment 3 MAPLEWOOD WETLAND ORDINANCE Comment [CSS1]: Comments regarding perceived ambiguities DRAFT 10-7-08 provided by Maplewood resident Sharon Sandeen, dated March 20, (Changes to the city?s current wetland ordinance are underlined if added and stricken if deleted.) 2009. 1. Findings and purposes. The findings and purposes of this section are as follows: a. Wetlands serve a variety of beneficial functions. Wetlands maintain water quality by filtering pollutants and reducing flooding and erosion., They provide food and habitat for wildlife, provide open space for human interaction, and are an integral part of the city's environment. Wetlands, depending upon their type, size, and location within a watershed, may represent are an important physical, educational, ecological, aesthetic, recreational, and economic assets to the city. The ability of a wetland to provide any of these benefits must be evaluated on a case-by-case basis because of the uniqueness of local physiographic, biological, cultural, and land use characteristics. Properly managed wetlands are needed to support the city?s efforts to reduce flooding and to protect the public They are critical to the city?s health, safety, and general Surrounding development may degrade, pollute, or accelerate the aging of or welfare. eliminate wetlands. Regulating land use around wetlands is therefore in the public interest. b. Streams are also significant elements of the city's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational, and economic asset. Surrounding development may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating land use around streams is therefore in the public interest. Requiring buffers recognizes that the surrounding uplands relate to the Comment [CSS2]: Don?t you really woodland and stream quality and function and, therefore, are in the public interest. mean to say that having a protective zone of vegetation around wetlands and streams is integral to c. Buffers are the lands that surround wetlands and streams which contain a protective zone maintaining?.and, therefore, it is in of vegetation within a specified distance. They are integral to maintaining the valuable the public interest to establish buffer zones around wetlands and streams functions many wetlands and streams performand to maintaining a wetland?s or stream?s ?. ? (i.e., the first sentence seems health. Requiring buffers recognizes that the surrounding uplands impact relate to the out of place and inconsistent with the later definition of a buffer). wetland?s and stream's quality and function and, therefore, is are in the public interest. Presumably a buffer zone can be a Buffers have the following functions: bare strip of land without vegetation.?right? Comment [CSS3]: (1) Rreduce the impacts of surrounding land use on wetlands and streams by Where is the stated justification for the protection of stabilizing soil to prevent erosion by stormwater; and filtering suspended solids, wildlife in a City, particularly in areas nutrients, pollutants, and harmful substances. not zoned for Open Space. Isn?t there an essential conflict between the City?s decision to zone property (2) Moderateing water level fluctuations during storms. for development and the protection of wildlife?...unless of course the property is zoned for a zoo. This is (3) Buffers also pProvide essential wildlife habitat. important because even Maplewood?s own ?unofficial? expert testified that any buffer width above 50 feet is only (4) and Provide shade to reduce the temperature of both stormwater runoff and the for purposes of wildlife protection. In wetland or stream. Water temperature is one of the factors controlling the ability other words, 50 feet is enough for purposes of water quality. 1 PacketPageNumber61of250 of water to hold dissolved oxygen. This ability decreases with increasing water temperatures. The dissolved oxygen level needs to be maintained at a minimum level to maintain healthy aquatic life. Finally, buffers rReduce the adverse impacts of human activities on wetlands and (5) streams. (d)The purposes of this section are to: Comment [CSS4]: What does natural state mean? Also, this clearly a.Preserve wetlands and streams in a natural state. points out the conflict between stand alone wetlands and those that are ab. Preserve the beneficial functions of wetlands and streams by regulating the surrounding part of navigable lakes. The public and desired uses of the two bodies of land uses within the buffered areas that are defined under this section. water are clearly different as evidenced by Maplewood?s Shoreland ordinance and MN law governing bc. Reduce erosion and the resulting sediment loading to wetlands or streams by stabilizing lakes. the landscape within the buffered areas that are defined under this section. Stabilize the soil around wetlands to prevent stormwater erosion. cd. PreserveFiltering and enhance surface water quality by reducing the input of suspended solids, nutrients, and harmful chemical substances that may adversely impact public health or aquatic habitat. before theyfrom reaching wetlands, streams, and public waters. de. Reduce human disturbances of wetlands and streams by visually separating wetlands from yards. ef. P Reduce or prevent the flooding and of public and private property and to reduce or eliminate the costs that are associated with of reclaiming water quality improvements necessary to support the beneficial uses of impaired wetlands or streams. Comment [CSS5]: Who?s property are you referring to and what are you g.Protect property. protecting it from? fh. Protect beneficial plant and wildlife habitat. gi. Educate the public, including appraisers, owners, potential buyers, or developers, to regarding the development limitations of wetlands, streams, and associated buffers that are defined under this section. j. Encourage property owners who live adjacent to and/or near wetlands and streams to be responsible stewards including managing and enhancing the quality of buffers and restoring the buffer to a diverse planting of deep-rooted native plants. 2. Definitions: The following words, terms, and phrases when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a Comment [CSS6]: The context of what? different meaning. Alteration means any human action that adversely affects a buffer. Alterations include, but are Comment [CSS7]: Don?t you really mean to say the vegetation and soil not limited to, the following: grading, filling, dumping, dredging, draining, cutting, pruning, within the buffer area? Or, tying the topping, clearing, relocating or removing vegetation, applying herbicides or pesticides or any first sentence to the second, ?vegetation, hydrology, wildlife or hazardous or toxic substance, discharging pollutants except stormwater, paving, construction, wildlife habitat [and soli]? application of gravel, discharging pollutants, compacting or disturbing soil through vehicle or 2 PacketPageNumber62of250 equipment use, or any other human activity that adversely affects the vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include the following: activities. a. Walking, passive recreation, fishing or other similar low-impact Comment [CSS8]: I know this is more of a policy issue than an b. Planting that enhances native vegetation, once the planting plan is approved by city staff. ambiguity, but why would you want to prevent this by requiring City c. The selective clearing, pruning, or control of trees or vegetation that are dead, diseased, approval? Perhaps to address the feared [but I think remote] disturbing noxious, weeds or hazardous. the soil argument, you could say ?a large-scale re-vegetation project.? d. Wetland enhancement measures which have been approved by other regulatory bodies. Average buffer width means the average width of a buffer within a single development, lot or phase. Best management practicesBMP (?s) mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, Comment [CSS9]: I think you mean to refer to Best Management infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction Practices during Construction in or of impervious surfaces, planting of deep-rooted native plants, landscape and pavement near buffer zones, but this is not clear. As noted below, this ambiguity maintenance. becomes critical when considering the exception that allows for the reconstruction of homes in or near Bog means a peatland with acidic pH as described in the Minnesota Land Cover Classification buffer zones. System. Buffer means a stream or wetland buffer or lands that surround wetlands and streams which contain a protective zone of vegetationwithin a specified distance. along a stream or around a Comment [CSS10]: Again, the buffer is just the area around wetland. wetlands and streams in which the City wants a protective zone of Clearing means the cutting or removal of vegetation. vegetation but where there may not be any existing zone of vegetation. Ironically, the draft Ordinance doesn?t Enhancement means an action that increases the functions and values of a wetland, stream, or require that such vegetation be installed (even for new construction), buffer. wetland so an issue that {I understand] started this whole project (i.e., how can we Erosion means the movement of soil or rock fragments, or the wearing away of the land surface get developers to establish buffers) is not directly addressed in the by water, wind, ice, and gravity. Ordinance. Comment [CSS11]: How is this Fen means a peatland fed by ground water as described in the Minnesota Land Cover different from Alteration?...and why not define all the terms that are part Classification System. of the definition of Alteration? Comment [CSS12]: Some of these Forested seasonal wetland means a wooded wetland with hydric soils that may have standing definitions, I think , are not needed if water year round or may dry up seasonally. the 200 foot classification is deleted. Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within 48 hours of a storm event. Comment [CSS13]: The record of Lake means an area of open, relatively deep water that is large enough to produce a wave-swept the changes to this definition approved by the Environmental shore. Commission require that the definition read: ?Lawn area means an area of mowed turf grass or other areas used Lawn area means an area of mowed turf grass used for the purpose of outdoor enjoyment which for the purpose of outdoor enjoyment includes, but is not limited to, gardening, placement of temporary structures, and impervious which may include gardening, non- permanent structures, and patios and patios. play areas.? 3 PacketPageNumber63of250 Mitigation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer, wetland, or stream. Comment [CSS14]: Use of the Native area word ?has? is ambiguous. Do you means an area where native vegetation has grown. mean has ever grown or grew so that it exists now? Native vegetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Comment [CSS15]: See previous Naturalized area comment. means an area where naturalized vegetation has grown and is not maintained. Naturalized vegetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted. It may be a native or non-native species. Some naturalized species are appropriate in a buffer and some are considered weeds. Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Oligotrophic acid marsh means a shallow or deep marsh with low pH, high dissolved oxygen, and low levels of nutrients. Comment [CSS16]: Another definition that is only relevant (I think) to the 200 ft. buffer. Ordinary high water mark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Rain garden means an infiltration basin that is planted as a garden that allows water to infiltrate within 48 hours of a storm event. Restoration means returning a wetland, stream, or buffer to a condition that is similar to that Comment [CSS17]: Again, the timeframe is unclear. Do you a before development of the surrounding area. recent development project or the ?development? of land more Sedge meadow means a wetland with saturated soils or standing water that contains a significant generally? number of sedge species (Carex spp.), as defined as wet meadow in the Minnesota Land Cover Classification System. Semipublic means land that is maintained by a private organization for public use. Setback means the minimum horizontal distance between a structure and the nearest edge of the buffer, wetland, or stream. Straight-edge setback is measurement to determine the allowable setback of an addition to an existing house, garage, deck, or driveway which is located closer to or within the required buffer setback. Straight-edge setback additions are measured by using the existing edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer 4 PacketPageNumber64of250 conditions. This definition does not include drainage swales or ditches that channel intermittent stormwater runoff. Stream buffer means land that is in direct drainage to a stream and within the boundary described by this article. A person shall measure all buffers from the ordinary high water mark (OHWM) as identified in the field. If a person cannot determine the OHWM, the stream buffer shall be from the top of the stream bank. Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground. Sustainable design means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best management erosion control methods approved by the city. Variance means a deviation from the standards of this section that is not specifically allowed. Vegetation means any organic plant life growing at, below, or above the soil surface. ater quality pond W means a pond that has been created to capture stormwater runoff. These are not natural wetlands. Stormwater is often piped into these ponds but may also enter through sheet runoff. These are also called utility ponds. ater quality pond edge Wmeans the normal high water level for a water quality pond. Wetland buffer means land that is in direct drainage to a wetland within the boundary described by this section. All buffers shall be measured outward from the wetland edge. Weed means a plant which is causing damage in some way to native vegetation or ecosystems. Comment [CSS18]: Is weed the same as noxious weed or not? If not, (See also noxious weed.) why the need for two definitions? Wet prairie means a wetland with saturated soils containing a significant number of plant species found in wet prairie communities as defined in the Minnesota Land Cover Classification System. Comment [CSS19]: This definition Wetlands means those areas of the city inundated or saturated by groundwater or surface water at doesn?t encompass the distinction between wetlands that are part of a frequency and duration sufficient to support, and that under normal circumstances do support, a lakes and stand-alone wetlands. I prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands gather that in the mind of wetland experts, the key is the vegetation. generally include swamps, marshes, bogs, and similar areas as defined in the (Army Corps of However, for purposes of the City?s Engineers regulations 33 CFR 328.3 1988). Where a person has removed or mostly changed the regulation of the uses of such distinct bodies of water, the distinction is very vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil important. I don?t think the Land of and other documentation of the previous existence of wetland vegetation such as aerial 10,000 Lakes wants to treat wetlands and lakes the same when regulating photographs. public uses. To make this distinction clear, the following language might be added: ?For purposes of this Wetland classes. The city defines the wetland classes used in this section as follows: Ordinance, wetlands does not include wetland areas that are part of lakes identified by the MN DNR. Wetlands lass 1 wetlands (a)Cmeans wetlands assigned the unique/outstanding rating in the Ramsey- that are part of lakes are governed by Washington Metro Watershed District Wetlands Inventory, 1995. Class 1 wetlands are the City?s Shoreland Ordinance and applicable regulations of Watershed Districts.? 5 PacketPageNumber65of250 those with conditions and functions most susceptible to human impacts, are most unique, have the highest community resource significance and similar characteristics. Class 2 wetlands b)mean high value (definition based onWatershed wetlands inventory ( results). Class 3 wetlands (c)mean wildlife habitat value. Class 4 wetlands (d)mean moderate value impacts. Class 5 wetlands (e)means wetlands assigned the highly impacted rating in the Ramsey- Washington Metro Watershed District Wetlands Inventory, 1995. Class 5 wetlands are those with conditions and functions most affected by human activities, with the least diverse vegetation communities, least community resource significance and similar characteristics. For the purposes of this section, the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States, FWS/OBS-79/31 (Cowardin et al, 1979) contains the descriptions and photographs of wetland classes and subclasses. Manage A a. wetlands are defined as a Manage A wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands are exceptional and the highest-functioning wetlands in Maplewood. All streams in the City of Maplewood are also defined as Class A. Manage B b. wetlands are defined as a Manage B wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands are high- quality wetlands. Manage C c. wetlands are defined as a Manage C wetland in the Ramsey-Washington Metro Watershed District Rules definition and based on the Minnesota Routine Assessment Methodology (MnRAM) classification system. These wetlands provide moderate quality. Utility Class d.? Defined as water quality ponds. Wetland easement means a designated area that includes the wetland or buffer where disturbance from mowing, cutting, or similar activities is prohibited. Wetland functions means the natural processes performed by wetlands, such as helping food chain production, providing wildlife habitat, maintaining the availability and quality of water such as purifying water, acting as a recharge and discharge area for groundwater aquifers, and Comment [CSS20]: This is another place where the lack of distinction moderating surface water and stormwater flows, and performing other functions, including but between stand-alone wetlands and not limited to those set out in U.S. Army Corps of Engineers regulations at 33 CFR wetlands that are part of lakes arises. Traditionally, the edge of lakes is 320.4(b)(2)(1988). defined by the Ordinary High Water Mark, which is defined earlier. It Wetland or stream edge means the line delineating the outer edge of a wetland or stream. This would be interesting to look at the cited federal manual and see how it One shall establish this line by shall be established using the Federal Manual for Identifying and distinguishes between lakes and wetlands 6 PacketPageNumber66of250 Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service. The applicable watershed district must verify this line. 3. Applicability: This section shall apply as follows: a. This section shall apply tTo any person or use that would alter a wetland, stream, or buffer after April 24, 1995add date of adoption of new ordinance. b. When any provision of any ordinance conflicts with this section, the provision that Comment [CSS21]: Are you referring to other City ordinances? If provides more protection for buffers, wetlands, or streams shall apply unless specifically so, if this Ordinance is designed in provided otherwise in this section. This also applies to the applicable watershed district. part to educate the public about their obligations, wouldn?t you want to make those obligations clear in a c.Public and semipublic streets, utilities, or trails, whether built by a public agency or discreet document instead of requiring them to search a bunch of private developer, shall be subject to this section. different ordinances? Comment [CSS22]: The meaning of 4. General Exemptions: This section shall not apply to the following: this sentence is unclear. a. Non-chemical control and removal of noxious weeds within the buffer. Refer to section 5.k.3.b. (Manage Weeds in Buffer) regarding the use of chemical treatment. Comment [CSS23]: See Comment 8 above. b. Planting native plants within the wetland buffer after approved by city staff. c. Removal of limbs, brush, or branches that are dead or pose a safety hazard. Removal of trees that are dead, diseased, or pose a safety hazard after approval by city d. staff. .The construction or maintenance of public or semipublic drainage facilities, a sedimentation ponds, or erosion control facilities. b.The maintenance of public or semipublic facilities including streets, utilities and trails. c.Where the city council waives these requirements for the construction of public and semi- public utilities or trails, whether built by a public agency or private developer. e. Public or semipublic streets, utilities, and trails. The city councilmay waive the requirements for construction or maintenance of public or semipublic streets, utilities, Comment [CSS24]: Poorly worded. Which requirements? The and trails where there would be a greater public need for the project than to meet the requirements for construction or the requirement of this section. The city council shall hold a public hearing before declaring requirement of this Ordinance? such a waiver. The city shall notify the property owners within 350 feet of the buffer at least ten days before the hearing.In waiving these requirements the city council shall follow the standards listed below: in subsection (e) of this section. (1) The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative and the following requirements are met: (a) The city council must approve the waiver to allow public or semipublic utilities or streets to be located within a buffer. Before the city council 7 PacketPageNumber67of250 acts on the waiver the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The planning commission shall hold a public hearing for the waiver. The city staff shall notify the property owners within five hundred (500) feet of the buffer at least ten days before the hearing. corridors shall not be allowed when endangered or (b) Utility or street threatened species are found in the buffer. (c) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland or stream as possible. (d) Utility or street corridor construction and maintenance shall protect the wetland, stream, or buffer and avoid large trees as much as possible. The city shall not allow the use of pesticides herbicides or other hazardous or toxic substances in buffers, streams, or wetlands. In some situations the use of herbicides may be used if prior approval is obtained from city staff. (e) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city code. (f) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to road which is parallel to wetland edge. by parallel roads. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. (g) Mitigation actions must be met as specified in section 6 below (Mitigation and Restoration of Buffers). (2) The city may allow public or semipublic private trails in buffers. Trails must be approved by city staff and are subject to the following guidelines: Trails shall not be allowed when endangered or threatened species are (a) found to be present in the buffer. b) The trail shall not beofhave aimpervious surface materials.An elevated ( boardwalk shall not be considered an impervious surface. (b) Buffers shall be expanded, where possible, equal to the width of the trail corridor. (c) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by city staff. after completing the trail. (d) All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. 8 PacketPageNumber68of250 (e) The trail must be designed and constructed with sustainable design methods. The trail may provide one access point to the wetland but such an access (f) shall be no more than four (4) feet wide. (g) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public use. (i) Trails or boardwalks shall not be constructed entirely around the wetland. (h) City staff may require additional mitigation actions as specified in section 6 below (Mitigation and Restoration of Buffers). b. Structures, vegetation and maintenance activities and practices in existence on the effective date of the ordinance from which this section derives. A contractor or owner may remodel, reconstruct or replace affected structures if the new construction does not take up more buffer land than the structure used before the remodeling, reconstruction or replacement. c. Where this section would deny all reasonable use of a lot of record. In such case, the owner or contractor shall construct any building to maximize the setback from a buffer. Federal, state or watershed district rules and regulations shall apply. Alterations to a buffer shall be the minimum necessary to allow for the reasonable use of the property. Where feasible, the city mayrequire the mitigation of any alteration of a buffer. f. Additions to a house, garage, deck, or driveway using the existing straight-edge setbacks to a wetland or stream if the following apply: (1) Property is zoned or is being used as a single family residence. There is no other reasonable alternative than encroachment toward the wetland or (2) stream with the addition. The house, garage, deck, or driveway is a minimum of twenty-five (25) feet from (3) the wetland or stream edge. Comment [CSS25]: This is inconsistent with the 25 feet rule. (4) Addition does not cause degradation of the wetland, stream, or the existing buffer. What if the existing buffer is 100 feet? (5) Mitigation actions must be met as specified in section 6 below (Mitigation and Restoration of Buffers). g. A property which is located within a wetland buffer, but is separate from the wetland by an existing road. h. A nonconforming single or double dwelling residential structure which loses its nonconforming status as described in Minnesota Statutes, section 462.357, subdivision 1(e) is allowed to be rebuilt in the buffer if the new single or double dwelling residential structure meets the following conditions: 9 PacketPageNumber69of250 (1) maintains at least a fifty (50) foot setback from the wetland; best management practices are implemented to improve the wetland buffer; (2) (3) city staff approves the location and best management practices through the building permit process. i. Work within a buffer which was approved by the Minnesota Department of Natural Resources water permitting process and access to those areas by a trail which is limited to the width of the water permit. Comment [CSS26]: Shouldn?t this begin with, except as specified in the 5. Buffer Sstandards: Standards for this section buffers are as follows: exceptions that are spelled out in this ordinance, ?.[or words to that effect] a. Wetland Filling: The city does not allow the filling of wetlands.Where the watershed Comment [CSS27]: For educational district has approved a wetland filling permit. The city shall require mitigation for any purposes, wouldn?t it be clearer to also state that this is prohibited by disturbed buffer land. state and federal law 9to the extent it is). b.Minimum Buffer Widths: The minimum buffer widths shall apply to all wetlands, including those created, restored, relocated, replaced, or enhanced. c. Maintenance of Buffers: Buffers shall remain in a natural state with naturalized or native vegetation. d. Restoring Buffers: Property owners interested in voluntarily restoring their buffer to native plants should submit a restoration plan to the city. Property owners should reference section 5.k.3.a. (Restoration of Buffer with Native Plantings) for guidance on how to proceed. Restoration plans require approval by to city staff. e. Wetland, Stream, or Buffer Easements: The property owner of any property affected by Comment [CSS28]: In various meetings with City officials, it was this section may be required to shall record wetland, stream, or buffer easements with the represented that this requirement county. These easements shall describe the boundaries of the buffer and prohibit any would only be exercised, if at all, with relation to new construction, but this building, mowing, cutting, filling, or dumping within the buffer, stream, or wetland. The is not made clear in this section. owner or developer shall record such easements with a final plat, with deeds from a lot division or before the city issues a building permit for an affected property. The applicant shall submit proof that the owner or developer has filed the notice. f. Stormwater: The discharging of stormwater to a wetland or stream must comply with section 44-1245 of the City of Maplewood ordinances (Storm Management). g. Plantings in Buffers: An affected property owner shall maintain a buffer. Any planting Comment [CSS29]: This is inconsistent with the exceptions that in a buffer shall be done with native vegetation after the planting plan has been approved are allowed and the definition of ?lawn by city staff. area? approved by the Environmental Committee. . See also, comment 26 above. h. Alterations in Buffers: The city prohibits the alteration of buffers except as allowed in general exemptions. The city may waive this requirement where the watershed district Comment [CSS30]: . See comment 26 above. has approved a permit for filling all or part of a wetland. i. Minimum buffers: The following are the minimum required buffer widths and structure Comment [CSS31]: Structure is not defined and this appears to be building foundation setbacks: inconsistent with various exceptions. Buffer Wetland Classes 10 PacketPageNumber70of250 Manage A2 Utility Class 1 & Streams ManageB3 Manage C 4 Class 5 * 100 ft. 100 ft. 50 ft. 25 ft. 0 ft. Average buffer width Minimum Buffer Width 100 ft. 10050 ft. 7525 ft. 5020ft. 100 ft. Building Foundation Structure Setback from Edge of Buffer 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. j. Buffer Measurement: Buffers shall be measured horizontally from wetland or stream edge, not across the buffer landscape. On slopes greater than eighteen percent (18%) the Comment [CSS32]: What does this mean? Particularly, ?not across the buffer width shall be increased to 10 feet beyond the apex of the slope. Extension of the buffer landscape?? buffer for steep slopes shall apply to all wetland classes. The city may require a variable Comment [CSS33]: What if a house buffer width to protect adjacent habitat that the city determines is valuable to the wetland, is built within the slope, before the Apex? Does this mean that no stream, wildlife or vegetation. houses can be built on a slope? k. Alternative Minimum and Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, alternative size buffers may be necessary to allow for the reasonable use of the land. In such cases an alternative minimum and average buffer width will be permitted on ten percent (10%) of Comment [CSS34]: What is the basisfor 10%? the linear wetland buffer within the parcel, which will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. (1) The alternative average buffer standards set forth below may be applied based on Comment [CSS35]: If there are legitimate reasons for an alternative an assessment of the following: buffer, why limit it to only 10% of the buffer line? (a) Undue hardship would arise from not allowing the alternative, or would otherwise not be in the public interest. (b) Size of parcel. Configuration of existing roads and utilities. (c) Percentage of parcel covered by wetland. (d) (e) Configuration of wetlands on the parcel. (f) Will not cause degradation of the wetland or stream. (g) Will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. (2) The following are the alternative average buffer widths and structure setbacks: Buffer Wetland Classes Manage A & Streams Manage B Manage C 75 ft. * 50 ft*. 50 ft. Minimum Buffer Width* 11 PacketPageNumber71of250 Average Buffer Width 100 ft. 75 ft. N/A Structure Setback From 10 ft. 10 ft. 10 ft. Outer Edge of Buffer *The minimum buffer width may be used on no more than ten (10) percent of the linear wetland buffer area located within the parcel. (3) The appropriateness of using the alternative average buffers will be evaluated as part of the review of the contractor?s or owner?s development application. The alternative average buffer used must be within the spirit and intent of this code Comment [CSS36]: I think it is fair to say that few if any and must meet one or more of the requirements set forth by the city to include, but developers/owners are going to go not limited to, the following strategies: through this process in order to be able to change 10% of a buffer, so this ?exception? is illusory. (a) Restoration of buffer with native plantings. Submittal of a buffer restoration plan. The plan may need to be drafted by a professional experienced in wetland or stream restoration based on the size of the restoration project as deemed necessary by city staff including: 1. Existing vegetation. 2. Restoration methods. 3. Maintenance procedures proposed during first three years of establishment. 4. Erosion control measures. 5. List of plants to be planted. 6. Qualifications of contractor. Only contractors with experience and success restoring wetland or stream buffers or natural vegetation shall be approved. 7. Maintenance agreement which states that the owner will maintain the buffer to its improved state. 8. The city may require a cash escrow or letter of credit to cover 150 percent of the required work. (b) Manage weeds in buffer. All weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a weed management plan drafted by a professional experienced in wetland and stream restoration including: 1. Target weeds. 12 PacketPageNumber72of250 2. Appropriate management techniques, including the use of chemical treatment if approved by city staff as part of the management plan. Management schedule. 3. Potential erosion and reseeding if management will create large 4. areas of dead vegetation. Cash escrow or letter of credit to cover 150 percent of the required 5. work. Reduction in stormwater runoff and/or improvement of quality of (c) stormwater runoff entering wetland or stream. This may be achieved through the following strategies or other staff approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. 1. Reduce amount of pavement on site (i.e. fewer parking stalls, narrower driveways, shared parking with other businesses). 2. Use pervious pavement such as pavers or porous asphalt. 3. Use turf pavers or modified turf areas for overflow parking. 4. Install rain garden or infiltration basin. Install rock trench or rock pit. 5. Install filter strip of grass or native vegetation. 6. Install surface sand filter or underground filter. 7. Install native plantings on site to reduce fertilizer use and improve 8. infiltration. Install a green roof on buildings. 9. Install grit chambers, sediment traps, or forebays. 10. Stormwater Drainage Facilities: The city does not allow the construction of stormwater l. drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within the buffer. Construction Practices: Special construction practices shall be required on projects or m. developments next to wetlands or streams and their buffers. Practices to be approved by Comment [CSS37]: ?next to? is not defined. See also comment 38. city staff before issuance of a grading or building permit include, but are not limited to, the following: Grading. (1) 13 PacketPageNumber73of250 (2) Sequencing. Vehicle tracking platforms. (3) Additional silt fences. (4) Additional sediment control. (5) .Fencing and sign standards: 6 a. Erosion Control Installation: Before grading or construction, the owner or contractor n. shall put into place erosion control measures around the borders of buffers. Such erosion Comment [CSS38]: There are clearly some provisions of this control measures must remain in place until the owner and contractors have finished all ordinance that are designed to deal development activities that may affect the buffer. with new construction, redevelopment and remodeling and some that are not. Wouldn?t it be clearer to o.b. Wetland Signs: The city may require that a property owner or developer install wetland designate the provisions that apply to such projects versus to existing signs bBefore grading or starting construction.,The wetland signs will be placed on the property owners who simply want to . boundary between a buffer and adjacent land shall be identified using permanent signs passively enjoy their property? These signs shall mark the edge of the buffer and shall state there shall be no mowing, Comment [CSS39]: See comment or dumping beyond this point. These signs shall be installed at each lot cutting, filling, 38. line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of one-hundred (100) feet of wetland or stream edge. p.c. Erosion Control Breaches: All erosion control measures must be maintained and Comment [CSS40]: See comment 38. inspected to ensure compliance and protection of wetlands, streams, and buffers. The contractor or owner shall be responsible for all erosion/sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. q.d. Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. r.e. Erosion Control Removal: After completion of grading or construction, the contractor or Comment [CSS41]: See comment 38. owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. s.f. It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control Comment [CSS42]: See comment 38. measures after final approved inspection by the city and the applicable watershed district. 6.7. Mitigation and Restoration of Buffers:The city requires mitigation when a property owner or Comment [CSS43]: contractor has altered or will alter a wetland, stream, or buffer. The property owner or contractor I can understand mitigation being a shall submit a mitigation plan to city staff for approval. In reviewing the plan, the city may requirement of the construction require the following actions:in descending order of preference.process, but don?t you have to have some process of adjudication before imposing such an obligation on a. Reducing or avoiding the impact by limiting the degree or amount of the action, such as homeowners that might have done something that was not part of a by using appropriate technology. construction process? Isn?t there a due process requirement, in other words? See also comment 38. 14 PacketPageNumber74of250 b. Rectifying the impact by repairing, rehabilitating, or restoring the woodlandbuffer. c. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. d. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at up to a twoone-to-one ratio. e. Monitoring the impact and taking appropriate corrective measures. f. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. at a similar density to the amount before alterationA replanting plan must be approved by the city before planting. g. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. h. All strategies as listed in item 5.k.3. (Alternative Average Buffer). 7. Nonconforming Buildings, Structures, and Properties: Any existing building or structure, or any existing lawn area or use of property not in conformity with the regulations prescribed in this Comment [CSS44]: As noted above, ?structure? and ?lawn area? chapter as of the date of the adoption of such regulation (insert date of new ordinance) shall be need to be properly defined to make regarded as nonconforming and may continue. Continued use of such nonconforming lawn area this exception work as the Environmental Commission intended. includes uses such as gardens or the placement of temporary structures. Naturalized and native Comment [CSS45]: This sentence areas are not included in this nonconforming use clause. seems inconsistent with the approved definition of lawn area or, at the least, 8. Variances: Procedures for granting variances from this section are as follows: confusing. a. The city council may approve variances to the requirements in this section. All variances Comment [CSS46]: Does this apply to homeowners passively using their must follow Minnesota state law governing variances. existing property or just to developers? See also Comment 38. Before the city council acts on a variance the environmental and natural resources b. commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council planning commission.The planning commission city council shall hold a public hearing for the variance. before approving a variance. The cCity staff shall notify the property owners within five hundred (500) 350 feet of the buffer at least ten days before the hearing. c. The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies as listed in item 5.k.3. (Alternative Average Buffer). b. To approve a variance, the council must make the following findings: 1) Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The term "undue hardship" as used in granting a variance means the owner of the property in question cannot put it to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of 15 PacketPageNumber75of250 the locality. Economic considerations alone are not an undue hardship if reasonable use for the property exists under the terms of this section. The variance would be in keeping with the spirit and intent of this section. 2) 9. Wetland or Buffer Surety: The applicant shall post a wetland or buffer mitigation surety with the Comment [CSS47]: See comment 38. city, such as a cash deposit or letter of credit, of one hundred and fifty (150) percent of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by staff. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city code or city directive. 10. Enforcement: The city reserves the right to inspect the site or property during regular city Comment [CSS48]: See comment 38. I understand the police power business hours or upon notice to the property owner or its designated representative one business with respect to the building inspection day in advance if the inspection is to occur at a different time for compliance with this ordinance. process, but this seems to give the City license to enter private property The city shall be responsible for the enforcement of this ordinance. Any person who fails to at any time. I don?t think the U.S. comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor Constitution allows this sort of open- ended inspection. Again, the and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land ambiguity comes from not use building and grading permits shall be suspended until the developer has corrected the differentiating from the City?s right to police development and the control of violation. Each day that a separate violation exists shall constitute a separate offense. uses on already developed property. 16 PacketPageNumber76of250 Attachment 4 MEMORANDUM REGARDING POLICY ISSUES To: Maplewood City Council and Staff From: Sharon Sandeen and the undersigned concerned citizens Date: March 31, 2009 Re: Proposed Maplewood Ordinance INTRODUCTION Recently, the undersigned residents of Maplewood met to discuss the revised draft Wetlands Ordinance (dated 10-7-08, with the 200 ft. buffer removed). While we acknowledge that significant changes have been made to the draft Wetlands Ordinance to address many of the concerns that were previously raised, a number of important issues we submit this memorandum to express and explain our continued remain. Thus, opposition to the proposed Wetlands Ordinance. NOT A ?NIMBY? POSITION BUT A PLEA FOR BALANCE Because the use and enjoyment of many of our backyards will be directly (and we believe adversely) affected by the revised draft Wetlands Ordinance, we are concerned that our opposition to the Ordinance will be dismissed as being based on a ?not-in-my- backyard? mentality. However, that sort of mentality is not what is motivating us to Our primary motivation is an interest in good expend scores of hours on this matter. public policy and a belief that in drafting the proposed Wetlands Ordinance due account has not been taken of the previous development and existing uses of private property in Maplewood. The Maplewood Environmental Commission did its job. It was charged with looking at the issue of wetlands protection from an environmental point of view. Thus, the draft Ordinance can be seen as a recommendation of what needs to be done if the City of Maplewood wants to focus mainly on environmental protection. Some person or entity, however, should consider the issue of wetlands protection from a broader point of view, taking into account all of the interests involved. Based upon how we believe the City of Maplewood is currently structured this responsibility falls upon the City Council. Although we are happy that City staff listened to our concerns, we do not sense that they view their role as advising the City Council about how it might balance competing interests. When a governmental body such as the City of Maplewood is structured in a way that does not naturally result in the consideration of issues from all angles, it is important for its citizens to speak-up. Thus, our involvement with this issue should not be viewed as a time-consuming and annoying nuisance, but as a helpful and essential part of the process of trying to make good policy. If City staff is short-handed in ways that limit its ability to provide the broader perspective that the City Council needs to make a good 1 PacketPageNumber77of250 policy decision, then the City Council should be thankful that the citizens of Maplewood are paying attention. For reasons that will hopefully become clear in the following explication of our we believe that the proposed Wetlands Ordinance does not take due policy concerns, account of: (1) private property already developed for residential living; (2) wetlands that are part of public waters; and (3) lakes, streams, and wetlands that (unfortunately) are already used as dumping grounds to storm water run-off. POLICY CONCERN # 1: The proposed buffers are too wide. A review of the history of wetlands protection in the U.S. reveals that the initial focus of such efforts was on the protection of the wetlands themselves, with the promotion of ?buffer zones? being a more recent development. In this regard, although there there have long been state and federal laws that require the protection of wetlands, are no state or federal laws that require the establishment of buffer zones. Indeed, although various entities of the State of Minnesota have informally promoted the establishment of buffer zones, for instance with the development of a ?Recommended Wetland Management Classification System? (Table 1.1 thereof), such a system remains in draft form and there is no record that it has been formally adopted as a state regulation. Because of the relatively recent promotion of buffer zones as a means of no norm has developed concerning the optimal enhancing the protection of wetlands, width of buffer zones . To the contrary, applicable scientific literature and government policies (including the State of Minnesota?s) are consistent in their recognition that the ideal width of buffer zones depends on a number of factors, not the least of which is the intended (or zoned for) use of adjacent property. Despite the relative ?newness? of the use and promotion of buffer zones (and the if the goal of a science associated therewith), two important facts have become clear: (1) buffer zone is to improve water quality and storm water run-off, then 50 feet is more than enough; and (2) the purpose of a buffer zone over 50 feet must be for something other than water quality, most likely for the protection of wildlife habitat. The ?expert? that City staff has repeatedly cited in support of the proposed buffer widths (Maplewood resident Mark Gerdes) acknowledged in his recent testimony that these two facts are accurate. From the foregoing, the assertion that some have made that Maplewood wants wider buffer zones in order to ?do more? and show that it is aggressive when it comes to protecting the environment will not result in any greater protection of water quality. The important policy issue that this fact raises is whether an interest in protecting wildlife habitat can be reconciled with decisions that were made long ago (and that numerous private property owners relied upon) to zone property for the use and enjoyment of humans. The current Maplewood Wetlands Ordinance calls for buffer widths of 20, 25 and 50 feet for the top three classifications of wetlands. Thus, it already has a maximum 2 PacketPageNumber78of250 classification that is consistent with what the scientific literature recommends for water quality protection with respect to its most valuable wetlands. If the City of Maplewood keeps its existing buffer widths and simply amends the Wetlands Ordinance to adopt the RWMWD?s wetland classification system, a significant number of wetlands will receive an upgraded classification that requires property owners to abide by greater buffer widths. Why is more than this needed, particularly in light of the interests of residential property owners and the fact that the proposed buffer widths are inconsistent with even state recommendations? (The Recommended Wetland Management Classification System, Table 1.1 calls for buffer widths of 50 feet, 35-50 feet, and 25-35 feet respectively, with up to 100 feet being recommended for wildlife purposes.) As residents of Maplewood and this planet, the undersigned greatly value both water quality and wildlife but we note that ultra-wide buffer zones are incompatible with the development choices that Maplewood already made to allow residential uses of land that was formerly wildlife habitat. Preserving whatever open space that may exist in the City of Maplewood for the benefit of wildlife is an admirable goal; trying to turn-back the clock with respect to already developed property will only serve to put the City of Maplewood at risk for a takings claim under the U.S. Constitution. (In this regard, just because the City of Maplewood can state a public purpose for the proposed Ordinance does not mean that a takings claim will not result.) Suggested amendments to draft ordinance to better balance the desire to increase buffer widths with the interests of property owners who own and pay taxes on property that has keep existing buffer widths, but adopt RWMWD been developed for use by humans: classification system. POLICY CONCERN # 2: Lakes and ?stand-alone? wetlands should be treated differently. Any Minnesotan can testify to the fact that the lakes and streams of Minnesota are used in many and varied ways and in ways that are different from the use of what are referred to herein as ?stand-alone? wetlands (i.e., wetlands that are not part of ?public waters? as defined by Minnesota law). Whereas wetlands are typically used for passive viewing or low-impact nature activities, the public waters of the state are used for boating, fishing (including ice fishing) and other forms of active recreation. It is for this reason that Minnesota law clearly and repeatedly states that the various water resources of the state must be treated differently. For instance, a document entitled ?Wetlands Regulation in Minnesota? by the Minnesota Board of Water and Soil Resources states: In reading Minn. Stat. ch. 103G, it is important to distinguish between those provisions that refer to ?public waters wetlands? which are regulated as public waters under DNR?s public waters permits program and those provisions that refer to ?wetlands? which are regulated under the Wetlands Conservation Act. As stated in the RWMWD Watershed Management Plan for 2006-2016, ?[t]he RWMWD manages lakes differently than wetlands, so it is important for the District to distinguish between 3 PacketPageNumber79of250 We believe that the City of Maplewood should follow the example of the State of the two.? Minnesota and the RWMWD and treat wetlands that are part of public waters differently from stand-alone wetlands. Fortunately, it already has a vehicle for doing so: the Maplewood Shoreland Ordinance. While we acknowledge that the Wetlands Ordinance has been amended to recognize that the City of Maplewood does not have jurisdiction over the uses of public waters and to include an exception for activities within the buffer zone that relate to a DNR permit, we do not believe that the Ordinance takes due account of the various uses of shoreland that are made by those who want to use and enjoy the lakes and streams of Maplewood. Since the State of Minnesota is currently in the process of updating its shoreland rules, this is the perfect time for the City of Maplewood to consider any necessary updates to its existing Shoreland Ordinance to include provisions regarding wetlands that may be located in shoreland areas. Dealing with uses of land (including wetlands) adjacent to public waters in the Shoreland Ordinance exclusively, instead of in both the Shoreland and Wetlands Ordinances, will have the added benefit of preventing inconsistencies and will make it easier for homeowners who live near lakes and streams to learn of their land use obligations. Suggested amendments to draft ordinance to take account of the different uses of exempt wetlands that are part of public stand-alone wetlands and public waters: waters (as defined by the State of Minnesota) from the Wetlands Ordinance and deal with such uses in the Shoreland Ordinance. POLICY CONCERN # 3: Bodies of water (such as Wakefield Lake) that are used as a dumping ground for storm water run-off should not be treated the same as wetlands that are not directly attached to or significantly impacted by a storm-drainage system. Everyone involved with water quality issues in and around Maplewood acknowledge that Wakefield Lake has a pollution problem that is directly caused by the fact that it is a dumping ground for storm water and, in effect, a holding pond for Phalen Lake (i.e., the water quality of Phalen Lake has been improved at the expense of Wakefield Lake). A representative of the RWMWD previously testified that the storm water loads of Wakefield Lake far exceed acceptable levels for a lake of its size. For this reason, among others, Wakefield Lake has long been on the State of Minnesota?s impaired waters list (TMDL I.D. #10298) and, as such, is a body of water that is required to be cleaned-up under the federal Clean Water Act. Despite this sad state of affairs, nobody is doing anything to fix the problem. (Although according to the State of Minnesota?s recent TMDL inventory, clean-up of Wakefield Lake is supposed to begin in 2009.) In light of the foregoing, it strains credulity for anyone to suggest that the water quality of Wakefield Lake will be improved as a result of the proposed Wetlands Ordinance. All of the property around Wakefield Lake is already developed and, therefore, there is not a great risk that poor construction practices will occur that result in soil erosion and infiltration. Nor is there a great risk that the existing homeowners will modify the existing vegetation that surrounds the lake, particularly since they are currently subject to state laws governing emergent vegetation in public waters and 4 PacketPageNumber80of250 Maplewood?s existing Shoreland and Wetlands Ordinances. The unreasonableness of the burden that is being placed on the residents of Wakefield Lake is clearly seen when one considers whether the restrictions that are being imposed on Wakefield Lake residents (and any other property owners next to a storm drain fed body of water) could reasonably be imposed on property owners who live next to said storm drains. If the City of Maplewood is serious about improving the water quality of Wakefield Lake then it should do something about the two large storm drainage systems that currently feed the lake (one that is visible in the south-east corner of the lake and the submerged pipe in the north-east corner of the lake). Instead of City staff spending their precious time and energy on drafting and revising a new Wetlands Ordinance, perhaps they should call the representative of the State of Minnesota (Brooke Asleson is listed on the TMDL inventory) and inquire how the City of Maplewood could facilitate the clean- up of Wakefield Lake. Additionally, they could take greater action to prevent pollutants from entering the storm drain system that feeds into Wakefield Lake. Suggested amendments to draft ordinance to account for the fact that Wakefield Lake is being polluted by a poorly designed storm drain system and not by the activities exempt Wakefield Lake from the Wetlands Ordinance until of local homeowners: such time as the noted storm drain problem is resolved. RESPECTFULLY SUBMITTED BY THE FOLLOWING RESIDENTS OF MAPLEWOOD, MINNESOTA: Name: Address: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 5 PacketPageNumber81of250 THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber82of250 Agenda Item K.1.a MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Bruentrup Heritage Farm ? Approval of Lease Agreement LOCATION: 2170 County Road D DATE: April 7, 2009 for the April 13 City Council Meeting INTRODUCTION The Bruentrup Heritage Farm (BHF) buildings were relocated from White Bear Avenue to the city?s Prairie Farm Neighborhood Preserve in 1999. Prior to relocation of the buildings, the city council issued a conditional use permit (CUP) to the Maplewood Area Historical Society (MAHS) to operate the farm as an education and interpretive center on the 2.36 acre site (2170 County Road D). City code allows ?public facilities? in any zoning district with a CUP. All of the farm buildings were conveyed to the City of Maplewood after relocation. On December 13, 1999, the city council approved a 99-year lease with the MAHS for the use of the BHF buildings and site. After city council approval the MAHS held several society meetings to discuss the lease. At that time they were also working closely with the city attorney and the assistant city manager on their proposed revisions to the lease. With a change in city staffing and MAHS members, the lease issue was never resolved and thus never signed. On March 27, 2009, a new lease was approved by MAHS representatives, city staff, and the city attorney (Attachment 1). The new draft lease is an updated version of the 1999 draft lease approved by the city council and covers terms, purpose, subletting, default, insurance, etc. BACKGROUND February 8, 1999, the city council approved the relocation of the Bruentrup farm buildings to the Prairie Farm Preserve. June 14, 1999, the city council approved a CUP for a ?public facility? to be located within the Prairie Farm Preserve and a parking waiver for the reduction in the required number of parking spaces for such a use. December 13, 1999, the city council approved a 99-year lease agreement which allows the MAHS to lease the land and buildings for interpretive and educational purposes. The lease was never formally signed by the MAHS. July 8, 2002, the city council approved a CUP revision to allow the construction of a parking lot on the west side of the site, within the city?s open space. December 1, 2009, the city council held a workshop to discuss issues associated with MAHS including the lease, proposed fund-raising events, CUP amendment, parking, insurance, etc. (Attachment 2). PacketPageNumber83of250 DISCUSSION Conditional Use Permit Amendment The MAHS would like to create a revenue flow by renting out the site for weddings and other large events once the restoration of the barn is complete. With the appropriate rental agreements and insurance the society is confident that they can feasibly rent out the site for large events in addition to using the site for other society events throughout the year. The rental of the site for weddings and other large events was not approved as part of the original BHF CUP. As such, prior to the society hosting these events the city council would have to approve an amendment to the CUP for the expansion of the use. The MAHS is currently compiling background data for their proposed CUP amendment. City staff will bring that proposal to the planning commission as a public hearing for review and recommendation to the city council. The CUP amendment will address issues associated with large events such as parking, liquor license, liability insurance coverage, and rental agreements. The proposed lease should not be affected by a CUP amendment of this nature.If the city finds that modifications need to be made to the lease with the CUP amendment, those modifications can take place at that time. Lease The proposed draft lease allows the MAHS to use and maintain the property for 99 years unless terminated sooner. The purpose of the use is designated in the BHF?s master plan (attached as exhibit B to the lease) and the approved CUP. The BHF?s master plan was last updated by the MAHS in January 2008 and describes the purpose of the BHF as an interpretive center for the history of agriculture in New Canada-Maplewood. The goals of the master plan include education and interpretation, learning by participation, historical authenticity, attraction of people, organizations, and community support, and home to the MAHS. Staff has found that the master plan contains some outdated material including the size of the site, conditions at BHF, and parking reference. In addition to this outdated material, the MAHS should also modify the master plan to include the intent and purpose of the fund raising events. For this reason, staff recommends that the master plan be amended by the MAHS as part of the CUP amendment. Since the master plan is an attachment to the lease, those amendments will also have to be approved by the city council. Insurance All of the structures on the site are covered under the city?s umbrella insurance policy. The proposed lease also states that the MAHS shall maintain a policy of general liability insurance as well as any special insurance coverage required for occasional events and society sponsored activities. The MAHS is currently obtaining estimates for general liability and large event insurance and will update the city council on the status of this insurance at the April 13 meeting. 2 PacketPageNumber84of250 RECOMMENDATION Approve the draft lease agreement with the Maplewood Area Historical Society (Attachment 1). This lease allows the society the use of the Bruentrup Heritage Farm site and buildings located at 2170 County Road D. P:\sec2N\Bruentrup\4-13-09 CC (Lease) Attachments: 1. Draft Bruentrup Heritage Farm Lease Agreement with Exhibits (Premise Survey, BHF Master Plan, BHF CUP, Caretaker Lease) 2. December 1, 2008, City Council Workshop Minutes 3 PacketPageNumber85of250 Attachment 1 DRAFT LEASE AGREEMENT March 27, 2009 THIS LEASE, dated this ____ day of _____________, 2009; by and between: City of Maplewood, a municipal corporation, (hereinafter referred to as the ?Lessor?) and Maplewood Area Historical Society, a non-profit corporation, (hereinafter referred to as the ?Lessee?). WITNESSETH: That the Lessor does hereby lease unto Lessee and Lessee does agree to operate and care for the premises owned by the Lessor and known as the Bruentrup Heritage Farm (hereinafter referred to as the ?BHF?) under the terms, covenants and conditions specified in this lease. The premises are located at 2170 County Road D, Maplewood, Minnesota, which includes 2.36 acres and legally described in Exhibit A. The premise owned by the Lessor does not include the historical artifacts and other objects that are owned by the Lessee, the caretaker, or other assignees temporarily occupying the premises by mutual agreement with the Lessee and by approval of the Lessor as part of an event, activity or display. The parties hereto, for themselves, their executors, administrators, legal representatives, successors and assigns, hereby covenant and agree as follows: 1. TERM: For and in consideration of the use and maintenance of the property, under the terms, provisions and covenants herein contained, Lessor hereby leases to Lessee the designated premises for the term of ninety-nine (99) years commencing on the ___ day of ___________, 2009 (sometimes called the commencement date) and expiring on the ___ day of _____________, 2108 (sometimes referred to as the expiration date), unless terminated sooner as hereinafter provided. 2. PURPOSE: The designated premises are to be used in a careful and safe manner consistent with the Master Plan for the BHF, Maplewood, MN, attached as Exhibit B and the BHF conditional use permit (CUP) as passed and modified by the city council from time to time, attached as Exhibit C. 1 PacketPageNumber86of250 3. CONSIDERATION: Lessee shall maintain the property in accordance with the terms of this agreement as well as any laws, regulations, and zoning ordinances that may be applicable. 4. SIGNS: Lessee shall have the right, at its own expense, to install and maintain one fixed sign, (e.g., directional or identification sign), small fixed signs as may be needed to label the buildings, and portable temporary signs, on the subject premises. Lessee?s right to install and maintain fixed signs shall be subject to: (A) Lessor?s written approval of the dimensions, material, content, location and design; (B) applicable legal requirements; (C) insurance requirements; and (D) sign criteria that may be subject to local and state laws. Lessee shall obtain and pay for all permits and licenses required in connection with a sign. Copies of all permits and licenses shall be mailed or delivered to Lessee within a reasonable time after they are issued by Lessor (or by other agencies with the applicable regulatory jurisdiction). If Lessor or Lessee shall deem it necessary to remove a fixed sign in order to paint or to make repairs, alterations or improvements on the subject premises, Lessee or Lessor shall have the right to do so. Lessee shall not have the right to maintain or install any additional fixed signs other than as specified and agreed to by Lessor. 5. OPERATING EXPENSES: The term ?Operating Expenses? shall include, but not be limited to, maintenance, repair, replacement and care of all lighting, plumbing, roofs, parking (only within the defined premises as described in Exhibit A), landscaped areas, signs, non-structural repair and maintenance of the exterior of the building, cleaning and cleaning supplies, property damage, fire, cost of equipment purchased and used for such purposes, trash removal, water and all other utilities. Any expenses incurred by Lessor shall be billed quarterly to Lessee. Throughout the term of this Lease, Lessee shall pay to Lessor or to the appropriate utilities the following: (a) all charges for electric current used for light, including the power used for air conditioning, heating and other utilities; and (b) all operating expenses, including utilities and maintenance. Lessee shall pay operating expenses to the Lessee or to the appropriate utility or vendor from the start of occupancy (commencement date) in a timely manner agreed to by both parties. Lessor shall provide snow removal service to clear the driveway areas from the street, into and around the center island within 24 hours of a 2-inch or greater snowfall. 2 PacketPageNumber87of250 6. SUB-LETTING AND ASSIGNMENT: Lessee agrees to not sub-let or allow any other tenant other than organizations, companies, or caretaker affiliated with Lessee to come in with or under it or to assign this Lease, or any part thereof, in any matter whatsoever, without the written consent of Lessor, said consent not to be unreasonably withheld. Consent by Lessor to any assignment of this Lease or to any sub-letting of the designated premises shall not be a waiver or Lessor?s right under this article as to any subsequent assignment or sub-letting. Lessor?s rights to assign this Lease are and remain unqualified. Lessee agrees to require that sublessees obtain a special rider to their insurance coverage while occupying and using the premises. Lessor agrees to allow Lessee to sub-let a portion of the premises for a caretaker, with the requirement that the caretaker/renter must sign a lease (Exhibit D) with Lessee. No such assignment or sub-leasing shall relieve the Lessee from any of the Lessee?s obligations contained in this Lease, nor shall any assignment or sublease or other transfer of this Lease be effective unless the assignee, sub-lessee or transferee shall at the time of such assignment, sublease or transfer, assume in writing for the benefit of Lessor, its successors or assigns, all of the terms, covenants and conditions of this Lease thereafter to be performed by Lessee and shall agree in writing to be bound thereby. Lessee shall furnish a copy of the caretaker?s Lease to Lessor for Lessor?s approval. All terms and conditions of this Lease shall be incorporated in caretaker?s lease. 7. LEASE BINDING ON SUCCESSORS: It is further covenanted and agreed by and between the parties hereto that all covenants, agreements and conditions and undertakings contained in this Lease shall extend to and be binding upon the Lessee as a non-profit corporation, and not upon the individual members of the Lessee or the members of Lessee?s Executive Board. 8. RETURN OF PREMISES: On the expiration date or upon termination of this Lease Agreement upon a day other than the expiration date, Lessee shall peaceably surrender the premises in good order, condition and repair, allowing for reasonable wear and tear in accordance with the Master Plan for the Bruentrup Heritage Farm, Maplewood, MN (attached as Exhibit B). 9. RIGHT TO ENTER: Lessee agrees that the Lessor or its agents shall have free access to the designated premises at all reasonable times - after giving notice to the caretaker (or Lessee?s other designated representative, in the absence of the caretaker) for the purpose of examining or inspecting the conditions of the designated premises. 10. INTERPRETATION: The parties do mutually covenant and agree that this Lease shall be governed and interpreted by the provisions of the laws of the State of Minnesota. Lessor further agrees that Lessee shall have the authority and freedom to lawfully conduct business, activities and events on the premises consistent with the approved CUP for the BHF and consistent with the goals and policies of the BHF Master Plan. 3 PacketPageNumber88of250 If any agreement, covenant or condition of this Lease or the application thereof to any person, group, organization or circumstance shall be invalid or unenforceable, the remainder of this Lease shall be effective, valid, and be enforced to the fullest extent permitted by law. 11. MEDIATION: Any and all disputes that arise between the parties under or concerning the Agreement/Lease, including its formation, language or interpretation of the same, shall be subject to mediation. Any such dispute shall be tendered in writing to the non-initiating party for review thereof and if the dispute cannot be settled in a reasonable period of time to the satisfaction of both parties, the matter shall be submitted to an independent mediator selected and agreed upon by the parties within 30 days of the impasse(s). In the event a mediator cannot be found or agreed upon, a mediator shall be selected by the chief judge of Ramsey County. Mediation shall not be binding upon the parties, and it is agreed that the costs of the mediation shall be borne equally between the two parties regardless of the outcome or who initiated the dispute. 12. PEACEFUL POSSESSION: The Lessee, on maintaining the property and on observing and performing all of the covenants, undertakings and agreements on the part of the Lessee, herein contained, shall and may peaceably and quietly have, hold and enjoy the hereby designated premises for the aforesaid term, free from molestation, eviction or disturbance. 13. DEFAULTS BY LESSEE: (A) In the event Lessee fails to: (1) maintain the property, or fails to perform any other of the terms, conditions or covenants of this Lease for more than 60 days after written notice of such failure shall have been mailed to Lessee; or (2) if Lessee or any agent of Lessee shall falsify any documents required to be furnished to Lessor pursuant to the terms of this Lease or CUP or application pursuant thereto; or (3) if Lessee shall become bankrupt or insolvent, or file any debtor proceedings; or (4) if Lessee shall abandon the designated premises; or (5) if Lessee shall suffer this Lease to be taken under any writ of execution; Then Lessee shall be in default hereunder, and Lessor, in addition to other rights or remedies it may have, shall have the immediate right of re-entry to survey the structures to determine their physical condition. 4 PacketPageNumber89of250 (B) Lessee shall inform caretaker of default of Lease in order to allow for orderly removal from property. (C) No remedy herein or elsewhere in this Lease or otherwise by law, statute or equity, conferred upon or reserved to Lessor or Lessee shall be exclusive of any other remedy, but shall be cumulative and may be exercised from time to time and as often as the occasion may arise. If there are extenuating circumstances, Lessor or Lessee can choose to have the matter decided in accordance with the mediation provision. 14. COVENANT TO REPAIR: (A)Lessee shall, at all times throughout the term of this Lease, including renewals and extensions, at its sole expense, keep and maintain the subject premises in a clean, safe, sanitary, and first class condition, in accord with: (1) the BHF Master Plan (attached as Exhibit B); (2) the Secretary of the Interior?s Standards and Guidelines for Historic Preservation (attached as Exhibit E); and (3) all applicable laws, codes, ordinances, rules and regulations and other conditions imposed by Lessor, such as conditions amended to the CUP. (B) Lessee?s obligations hereunder shall include, but are not limited to: (1) the maintenance, repair and replacement if necessary, of heating and air conditioning fixtures, equipment and systems; (2) all lighting, electrical, and plumbing fixtures and equipment; (3) all interior walls, partitions, doors and windows, including the regular painting thereof; (4) all exterior entrances, windows, doors and decks; (5) the replacement of all broken glass; and (6) excluding the fire suppression equipment. (C) When used in this provision, the term ?repairs? shall include replacements or renewals when necessary, and all such repairs made by the Lessee shall be equal in quality and class to the original work, wherever practicable. If Lessor decides that repairs are needed, Lessor shall meet with Lessee to determine a plan, cost, and timetable for the specified repairs that is agreeable to both parties. 5 PacketPageNumber90of250 (D) Lessee shall keep and maintain the premises (as defined by Exhibit A) in a clean and orderly condition that is free of accumulated dirt inside of the structures and free of rubbish, snow, or ice that is outside on the premises. (E) If Lessee fails, refuses, or neglects to maintain or repair the non-structural parts of the buildings on the designated premises as required in this Lease, after written notice has been given to Lessee and 60 days have passed, Lessor may declare Lessee to be in default. (F) In the event that Lessor declares Lessee to be in default, Lessor may make such non-structural repairs and Lessee shall pay to Lessor all costs incurred by Lessor in making such repairs, upon presentation to Lessee of the bill thereof. Lessor shall repair, at its own expense, the structural portions of the buildings; provided, however, where structural repairs are required to be made by reason of the acts of Lessee, the costs thereof shall be borne by Lessee and payable by Lessee to Lessor under a payment arrangement that is agreeable to both parties. 15. DAMAGE OR DESTRUCTION: In the event that the premises are damaged or destroyed by fire or other cause during the term of the lease, the following shall apply: (A) If any building is damaged by fire or any other cause to such an extent that the cost of restoration, as estimated by Lessor, will equal or exceed fifty percent (50%) of the replacement value of the building (exclusive of foundations) just prior to the occurrence of the damage, then Lessor may, not later than the sixtieth (60th) day following the damage, give Lessee written notice of Lessor?s election to terminate this Lease. Lessor may allow Lessee?s representatives to look through the damaged building and remove any contents that are owned by Lessee, if such search and removal can be safely conducted. (B) If the cost of restoration of the damaged farmhouse and/or barn (as estimated by Lessor) will equal or exceed fifty percent (50%) of said replacement value of the building; and if the damaged building is not suitable as a result of said damage for the purposes of which it/they are designated in the BHF Master Plan, in the reasonable opinion of the Lessee, then Lessee may, no later than the sixtieth (60th) day following the damage, give Lessor and the caretaker/renter a written notice of election to terminate this Lease. If Lessee elects to terminate this Lease under the provisions of this paragraph, then the sub-lease of the caretaker/renter will be terminated sixty (60) days after the Lessee gives notice to Lessor. (C) If the cost of restoration as estimated by Lessor shall amount to less than fifty percent (50%) of said replacement value of the building, Lessor shall work with the Lessee to restore the structural integrity and appearance of the building with as much historical accuracy and authenticity as is reasonable, with reasonable promptness, subject to delays beyond Lessor?s control and delays in the making of insurance adjustments by 6 PacketPageNumber91of250 Lessor; and Lessee shall have no right to terminate this Lease except as otherwise herein provided. Lessor shall not be responsible for restoring or repairing leasehold improvements of the Lessee. (D) In the event of either of the elections in (A) or (B) to terminate this Lease, this Lease shall be deemed to terminate on the date when the notice of election to terminate is received, and all outstanding operating expenses incurred by Lessee up to that date shall be paid to the appropriate vendors of such services within a reasonable time period. Also, Lessee and the caretaker shall each have sixty (60) days from the effective date of lease termination to remove all their property, equipment and artifacts. 16. ALTERATIONS, INSTALLATIONS, FIXTURES: In the event that non- structural alterations for any existing buildings are required by any governmental agency by reason of the use and occupancy of the designated premises by Lessee, Lessee shall make such alterations at its own costs and expense - after first obtaining Lessor?s written approval of the plans and specifications, and furnishing such indemnification as Lessor may reasonably require against liens, costs, damages and expenses arising out of such alterations. Alterations or additions made by Lessee must be built in compliance with all laws, ordinances and governmental regulations affecting the premises. Lessor, by its inspections of such alterations and additions, shall warrant to Lessee that all such alterations, additions or improvements are in strict compliance with all relevant laws, ordinances, governmental regulations, and insurance requirements. Lessor shall make reasonable efforts and accommodations to work with Lessee to select building designs and materials that are consistent with the historical integrity of the building, as per the standards and criteria referenced in Exhibit E. Construction of such alterations or additions shall commence only upon Lessee obtaining and exhibiting to Lessor the requisite approvals, licenses, permits and indemnification against liens. All alterations, installations, physical additions or improvement to the designated premises made by Lessee shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this lease; provided, however, this clause shall not apply to movable equipment or furniture or exhibits or displays or artifacts that are owned by Lessee which may be removed by Lessee at the end of the term of this Lease without damaging the designated premises. 17. HEATING AND AIR CONDITIONING: Lessee is responsible for heat and air conditioning to designated premises that have such systems. Lessee agrees at all times to cooperate fully with Lessor and to abide by all regulations and requirements which Lessor may reasonably prescribe for the proper functioning and protection of the heating and air conditioning systems. 18. UTILITIES: Lessor shall provide mains and conduits to supply gas and electricity to the premises. Lessee shall pay, when due, all charges for garbage, disposal, refuse removal, electricity, gas, fuel oil, L.P. gas, telephone and/or other utility services or any 7 PacketPageNumber92of250 renewal or extension thereof. If Lessor elects to furnish any of the foregoing utility services or other services furnished or used to be furnished to Lessee, then the rate charged by Lessor shall not exceed the rate Lessee would be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. ?? Lessee understands that Lessee is leasing said premises in an as-is condition. Lessor does not guarantee or make any representations with respect to the condition of the various heating, air conditioning, and utilities. Except for the handicap ramps and other installations made to allow access on the premises since December 1999, with the City?s permission, Lessor does not make any representations with respect to the buildings? compliance with handicap access requirements and various local and state building codes and ordinances. 19. STOPPAGE OF SERVICE: Lessor reserves the right to stop service of the heating, plumbing, air conditioning and other services, when necessary, by reason of accident, or emergency, or for repairs, alterations, replacements or improvements, in the judgment of the Lessor are desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Except in the case of emergency situations, Lessor shall provide written notice to Lessee and any sub lessees or renters of its intent to stop service at least twenty four (24) hours prior to the time of the intended stoppage. Lessor shall have no responsibility or liability for failure to supply the said services during such period or when prevented from doing so by strikes, accidents or any case beyond Lessor?s control, or by laws, orders or regulations of any federal, state or municipal authority having jurisdiction thereof. 20. NOTICES: Whenever notice shall be required to be given to Lessee pursuant to the terms of this Lease, Lessor shall mail such written notice by registered mail to Lessee addressed to the designated premises or to any other address designated by Lessee in writing to the Lessor 21. CASUALTY, LIABILITY, AND OTHER INSURANCE: Lessor shall insure the structures on the designated premises under Lessor?s insurance policy for as long as this Lease Agreement remains in effect between Lessor and Lessee. The designated structures on the premises shall be insured as public buildings pursuant to Lessor?s insurance policy. Lessee shall maintain a policy of general liability insurance as well as any special insurance coverage required for occasional events and society sponsored activities. 22. COVENANTS TO HOLD HARMLESS: Lessee shall hold harmless Lessor from any liability for damages to any person or property that is on the designated premises or in the buildings, including the person and property of Lessee and its employees and all persons on the premises or in the buildings at its invitation or sufferance, and from all damages resulting from Lessee?s failure to perform the covenants of this Lease. 8 PacketPageNumber93of250 All property that is owned by Lessee and which is stored or maintained on the designated premises shall be at the sole risk of Lessee. Lessee agrees to pay all sums of money in respect of any labor, service, materials, supplies or equipment furnished or alleged to have been furnished to Lessee at the request of Lessee about the premises, and not furnished on order of Lessor. This payment may be secured by any mechanic?s lien, material lien, or other lien to be discharged at the time performance of any obligation secured thereby matures. Lessee may contest such lien, but if such lien is reduced to final judgment or process thereon is not stayed, or if stayed and said stay expires, then and in each such event, Lessee shall forthwith pay and discharge said judgment. Lessor shall have the right to post and maintain on the designated premises, notices of non-responsibility that are allowed under the laws of the State of Minnesota. Lessor shall not be liable for any damage to property of Lessee or of others? property located on the premises, unless the damage is caused by Lessor?s negligence. Lessor shall not be liable for the loss or damage to any property of Lessee or of others by theft or otherwise. Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow, or leaks from any part of the premises, or from the pipes, appliances or plumbing works, or from the roof or any other place, or by dampness, or by any other cause of nature (excluding the fire suppression system). Lessor shall not be liable for any such damage caused by other sub-lessees or persons on the premises or in the buildings, occupants of adjacent property, or the public, or caused by operations in construction of any private, public or quasi-public work. Lessor shall not be liable for any latent defect in the designated premises. All property of Lessee kept or stored on the designated premises shall be so kept or stored at the risk of Lessee only, and Lessee shall hold Lessor harmless from any claims arising out of damage to the same, including subrogation claims by Lessee?s insurance carrier. 23. ABANDONMENT: In the event Lessee shall remove all of the fixtures, equipment, machinery or artifacts owned by Lessee, or shall vacate all of the designated premises prior to the expiration date of this Lease, or shall discontinue or suspend the operation of its business conducted on the designated premises for a period of more than ninety (90) consecutive days (except during any time when the designated premises may be rendered unusable by reason of fire or other casualty, or by reason of any order issued by Lessor to Lessee), then in any such event Lessee shall be deemed to have abandoned the designated premises and shall be in default under the terms of this Lease. 24. GENERAL: (A) The Lease does not create the relationship of principal and agent or of partnership or of joint venture or of any association between Lessor and Lessee, the sole relationship between the parties hereto being that of Lessor and Lessee. 9 PacketPageNumber94of250 (B) No waiver of any default of Lessee hereunder shall be implied from any omission by Lessor to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified, in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Lessor shall not then be construed as a waiver of a subsequent breach of the same covenant, term or condition. No action required or permitted to be taken by or on behalf of Lessor under the terms or provisions of this Lease shall be deemed to constitute an eviction or disturbance of Lessee?s possession of the designated premises. All preliminary negotiations are merged into and incorporated into this Lease. The laws of the State of Minnesota shall govern the validity, performance and enforcement of this Lease. (C) This Lease and the exhibits, if any, attached hereto and forming a part hereof, constitute the entire agreement between Lessor and Lessee affecting the designated premises and there are no other agreements, either oral or written, between them other than are herein set forth. No subsequent alteration, amendment, change or addition to this Lease shall be binding upon Lessor or Lessee unless it is reduced to writing and executed in the same form and manner in which this Lease is executed. (D) The captions are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Lease nor the intent or any provision thereof. (E) Submission of this Lease to Lessee or proposed Lessee or its agents or attorneys for examination, review, consideration or signature does not constitute or imply an offer to lease, reservation of space, or option to lease, and this instrument shall have no binding legal effect until it is properly signed and witnessed by both Lessor and Lessee or its agents. 25. MINNESOTA HUMAN RIGHTS ACT: Lessee hereby represents that it will maintain the subject premises in compliance with the Minnesota Human Rights Act. 26. HAZARDOUS WASTE: The term ?Hazardous Substances?, as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes or any other substances, the removal of which is required and the use of which is restricted, prohibited or penalized by any ?Environmental Law?, which term shall mean any federal, state or local law or ordinance relating to pollution or protection of the environment. Lessee hereby agrees that: (A) no activity will be conducted on the premises that will produce any hazardous substance, except for such activities that are part of the ordinary course of Lessee?s business activities (historical research, interpretation, education, demonstration, and conducting meetings and programs) - provided that the permitted activities which may 10 PacketPageNumber95of250 generate hazardous waste are conducted in accordance with all applicable environmental laws and have been approved in advance in writing by Lessor; (B) the premises will not be used for the storage of any hazardous substances, except for the temporary storage of such materials that are used as part of the ordinary course of Lessee?s business (historical research, interpretation, education, demonstration, and conducting meetings and programs) - provided such permitted materials are properly stored in a manner and location that meets all environmental laws and is approved in advance in writing by Lessor; (C) no portion of the premises will be used as a landfill or a dump; (D) Lessee will not install any underground tanks of any type; (E) Lessee will not knowingly allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or private nuisance. (F) Lessee will not knowingly permit any hazardous substance to be brought onto the premises, except for the permitted materials described in parts (A) and (B), and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and Lessee shall work with Lessor to ensure that all required cleanup procedures will be diligently undertaken pursuant to all environmental laws. If, at any time during or after the term of the Lease the premises are found to be so contaminated or subject to said conditions, Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages, and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification shall survive the termination or expiration of this Lease. Lessor shall not hold Lessee at fault for any unknown and/or unresolved environmental issues that may remain on the premises as a result of actions or failure to act by any of the owners of said premises prior to the City?s purchase of the land (and prior to Lessor allowing Lessee to occupy the premises in November of 1999 ? before the signing of this Lease by Lessor and Lessee) and any related claims, demands, actions, liabilities, costs, expenses, damages or obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification of Lessee by Lessor shall survive the termination or expiration of this Lease. 11 PacketPageNumber96of250 IN WITNESS HEREOF, the Lessor and the Lessee have executed this Lease in form and manner sufficient to bind them at law, as of the day and year first written above. LESSEE LESSOR __________________________________ __________________________________ By Diana Longrie By Robert Overby Its Mayor Its President __________________________________ By Carolyn Peterson Its Vice President Exhibits Attached: A.Premise Survey B.BHF Master Plan C.BHF CUP D.Caretaker Lease Exhibits Found On-Line: E.Secretary of the Interior?s Standards and Guidelines for Historic Preservation ) (http://www.nps.gov/history/hps/tps/tax/rhb/index.htm 12 PacketPageNumber97of250 ExhibitB PacketPageNumber99of250 PacketPageNumber100of250 PacketPageNumber101of250 PacketPageNumber102of250 PacketPageNumber103of250 PacketPageNumber104of250 PacketPageNumber105of250 PacketPageNumber106of250 PacketPageNumber107of250 PacketPageNumber108of250 PacketPageNumber109of250 PacketPageNumber110of250 PacketPageNumber111of250 PacketPageNumber112of250 PacketPageNumber113of250 PacketPageNumber114of250 PacketPageNumber115of250 PacketPageNumber116of250 PacketPageNumber117of250 PacketPageNumber118of250 PacketPageNumber119of250 PacketPageNumber120of250 PacketPageNumber121of250 Exhibit C MINUTES MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, July 08, 2002 Council Chambers, Municipal Building Meeting No. 02-14 (PARTIAL MINUTES ? PERTAINING TO BRUENTRUP FARM CUP) 1.7:15 p.m. Bruentrup Farm (2170 County Road D) A.Conditional Use Permit Revision B.Design Approval C.Consider Funding Options D.Change Order Authorizing Construction a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Jackie Monahan-Junek presented the Planning Commission Report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Conditional Use Permit Revision: George Rossbach, 1406 East County Road C, Maplewood Carolyn Peterson, 1801 Gervais Avenue, Maplewood Charlotte Wasiluk, 1740 Frank Street, Maplewood Deb Charpentier, 2212 County Road D East, Maplewood Kevin Berglund, 1929 Kingston, Maplewood Councilmember Collins moved to table this item until after item H3. Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmember Collins Nays-Councilmembers Juenemann, Koppen and Wasiluk Motion failed. Councilmember Koppen moved to adopt the resolution approving a revised conditional use permit (CUP) for the Bruentrup Heritage Farm at 2170 County Road D: RESOLUTION 02-07-126 CONDITIONAL USE PERMIT REVISION WHEREAS, the Maplewood Historical Society was granted a Conditional Use Permit on June 14, 1999, for the Bruentrup Heritage Farm at 2170 County Road D, further described as: Except the East 633 feet of the North 183 feet and except the South 150 feet of the North 333 feet of the East 213 feet and except the South 905 feet, the NE ¼ (subject to roads and easements), in Section 2, Township 29, Range 22. (PIN 02-29-22-11-0009) 1 PacketPageNumber122of250 WHEREAS, the Maplewood Historical Society has submitted a site plan proposing a parking lot on the eastern side of the Bruentrup Heritage Farm site. WHEREAS, on July 1, 2002, the planning commission reviewed the site plan revisions and recommended that the City Council approve this permit revision. WHEREAS, on July 8, 2002, the City Council conducted a public hearing on said site plan and Conditional Use Permit (CUP) Revision, after due published notice in the legal newspaper and notice of said hearing was mailed to surrounding property owners, and after considering all testimony from every person or persons wishing to speak or those who wished to submit written statements, and after considering reports and recommendations from city staff and the planning commission. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL approve the above- described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City?s comprehensive plan and code of ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate area 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, smoking, dust, odor, fumes, water or air pollution, drainage, water runoff, 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 and design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1.All construction shall follow the approved site plan dated May 17, 2002, for the proposed 21-car parking lot for the Bruentrup Heritage Farm to be located on the eastern side of the farm house building, which shall include a bus turnaround, subject to the addition of extensive landscape features which shall be designed by a registered landscape architect to screen from view the properties to the east and northeast of the parking lot. Approval is granted siting the fact that the parking lot is located and designed to minimize the impact to the City owned and maintained 2 PacketPageNumber123of250 open space, and that the parking lot would not change and is consistent with the operation of the Bruentrup Heritage Farm as a public facility. 2.All construction shall follow the site plan approved by the City. The City Engineer may approve minor changes to the site plan. 3.The City Council shall review this permit in one year. 4.Any parking lot lights shall be installed per City code, subject to the approval of the City Engineer. 5.The site plan dated May 1999 shall be deemed the approved site plan for the Bruentrup Heritage Farm site, except the addition of the 21-car parking lot on the eastern side of the site. 1.All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2.The proposed construction must be substantially started within one year of council approval or the permit shall 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 city shall add more parking to the site if the city council deems it necessary. 5.Any new lights shall be installed to meet the city code. This requires that they be screened or aimed so they do not cause any light-glare problems on streets or residential properties. 6.If necessary, the city shall get a permit from the watershed district for the grading and site disturbance. Seconded by Councilmember Wasiluk Ayes-Councilmembers Collins, Koppen, Juenemann and Wasiluk Nays-Mayor Cardinal Design Approval: Deb Charpentier, 2212 County Road D East, Maplewood Dave Huebl, 2191 County Road D East, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood George Rossbach, 1406 East County Road C, Maplewood Councilmember Koppen moved to approve the design plans for the Bruenturp Heritage Farm Parking Lot at 2170 County Road D. Councilmember Wasiluk offered a friendly proposal to work with the neighbors on the agreeable screening. Seconded by Councilmember Juenemann Ayes-Councilmember Collins, Koppen, Wasiluk and Juenemann Nays-Mayor Cardinal 3 PacketPageNumber124of250 Consider Funding Options George Rossbach, 1406 East County Road C, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood Dave Huebl, 2191 County Road D East, Maplewood Councilmember Collins moved accept Funding Option Two: $30,000 from the Park Development Fund and $10,000 from the Historical Society Funds. Seconded by Councilmember Wasiluk Ayes-All Change Order Authorizing Construction: City Engineer Ahl asked to bring this item back to the council at the Special Council Meeting on July 18, 2002. 4 PacketPageNumber125of250 ExhibitD PacketPageNumber126of250 PacketPageNumber127of250 PacketPageNumber128of250 PacketPageNumber129of250 PacketPageNumber130of250 PacketPageNumber131of250 PacketPageNumber132of250 PacketPageNumber133of250 PacketPageNumber134of250 PacketPageNumber135of250 Attachment 2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, December 1, 2008 Council Chambers, City Hall (PARTIAL MINUTES PERTAINING TO BRUENTRUP FARM) 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 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 Historical Society,1742 Frank Street, Maplewood addressed and answered questions of the council. 2. Robert Overby, Society Member and Volunteer, 2051 Nokomis Avenue, St. Paul addressed and answered questions of the council. 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. December 1, 2008 1 City Council/Manager Workshop Minutes PacketPageNumber136of250 Agenda Item L1 MEMORANDUM TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: April 8, 2009 SUBJECT: On-Sale Intoxicating Liquor License ? Eric Wayne Froeming, Part Owner and Manager of The Chalet Introduction Eric Wayne Froeming has submitted an application to assume the on-sale intoxicating liquor license manager responsibilities for The Chalet, 1820 Rice Street. Mr. Froeming has been part-owner of The Chalet since March 2007. Background Mr. Froeming was raised in Dekalb, IL where he graduated from High School in 1993. After graduation he attended the University of MN where he studied Computer Science. Mr. Froeming has worked at jobs in the field of Computer Science since leaving college. As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Froeming. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the cities of Minneapolis, Plymouth, Oakdale, Hopkins, Wayzata, Dekalb, IL, and Maplewood; and the counties of Hennepin, Washington, Dekalb, IL and Ramsey. Mr. Froeming has met with Chief Thomalla personally to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues; and Maplewood Liquor Ordinances. Consideration It is recommended that the City Council approve Mr. Froeming as the on-sale intoxicating liquor license manager for The Chalet. PacketPageNumber137of250 Agenda Item L2 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: April 8, 2009 SUBJECT: Transfiguration Church Temporary Gambling Permit Resolution Introduction An application has been submitted for a temporary gambling permit by Rev. Robert B. Hart on th behalf of Transfiguration Church, 6133 15 Street N., Oakdale, MN. This event is to raise funds for Transfiguration Church and will take place at Hill Murray High School, 2625 Larpenteur Ave. on May 1, 2009 from 7:00 p.m. to 12:00 a.m. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Transfiguration Church, 6133 th 15 Street N., Oakdale, MN to be used on May 1, 2009 at Hill Murray High School, 2625 Larpenteur Avenue, Maplewood, MN. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that the City Council approve the above resolution for a temporary gambling permit for Transfiguration Church. PacketPageNumber138of250 Agenda Item L3 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Council Consideration of Resolution Supporting the Fish Creek SUBJECT: Natural Area Greenway ? House File No. 2055 DATE: April 3, 2009 INTRODUCTION At the March 23, 2009 City Council meeting, staff was directed to work with our legislators to draft a bill that would appropriate funding for acquisition key parcels within the Fish Creek Natural Area Greenway. To this end, staff worked with the legislators and their staff and drafted a bill titled ?Fish Creek Natural Area Greenway? - House File No. 2055. The bill seeks to secure funding in the amount of $2,400,000 in fiscal year 2010 from the parks and trails fund for the City of Maplewood to acquire land in this greenway. A copy of this bill is attached for your review. The bill was introduced by Representative Slawik before the Environment and Natural Resources Finance Division on March 31, 2009. The bill was authored by Representatives Slawik and Lillie. BACKGROUND The Fish Creek Natural Area Greenway is significant regionally as one of the ecological corridors that extends out from the Mississippi River corridor (see attachment). A portion of the greenway lies within the Mississippi River Critical Area and the Mississippi National River and Recreation Area. Fish Creek originates in Carver Regional Park (Carver Lake) in Woodbury. It makes its way to the Mississippi River through oak woodlands, maple-basswood forests, emergent marshes, and an occasional prairie remnant. In some places the river cuts deeps into the landscape. As it nears Highway 61 the creek carves a channel in the bedrock?a feature known locally as Fish Creek Canyon. A high spot above the creek is part of the bluff line of the Mississippi with views over the river valley. In 2008, the city of Maplewood mapped its Natural Area Greenways ? large contiguous areas of habitat that cross ownership boundaries. While an increasing number of developing communities are mapping ecological corridors, few developed suburbs attempt to retrofit environmental corridors into community plans. Of the four greenways identified in the city, the Fish Creek Greenway faces the biggest threat of development. Several large parcels along Fish Creek are protected as Ramsey County open space. Other key parcels along the creek are in private ownership and are likely to be developed. There is strong support in the community for preservation of land in the Fish Creek Greenway. City staff, residents, and elected officials have discussed the project with legislators and representatives from Ramsey County Parks, National Park Service, Audubon Society, Minnesota Land Trust, Friends of Maplewood Nature, Ramsey- Washington Metro Watershed District, and the Fish Creek Initiative. PacketPageNumber139of250 DISCUSSION Staff has been asked to draft a resolution of support for this bill for council consideration. To this end, attached is a draft resolution of support for House File No. 2055 ? Fish Creek Natural Area Greenway. RECOMMENDATION Staff recommends the City Council adopt the attached Resolution Supporting House File No. 2055 ? Fish Creek Natural Area Greenway. ATTACHMENTS: 1. House File No. 2055 ? Fish Creek Natural Area Greenway 2. Fish Creek Natural Area Greenway Map 3. Resolution of support for House File No. 2055 PacketPageNumber140of250 94 S A 120 Battle Creek Natural Greenway 39 Crestview Park 68 25 Applewood Park 74 Pleasantview Park 494 Carver 72 Lake *MWL'VIIO 3TIR7TEGI Fish Creek Natural Greenway 43 Attachment 3 RESOLUTION SUPPORTING HOUSE FILE NO.2055 ? FISH CREEK NATURAL AREA GREENWAY Whereas, the City of Maplewood has a proud of history of conservation, environmental leadership, and stewardship of its natural resources; , Whereasthe city was one of the first cities in the country to pass a referendum for acquisition of open space for conservation purposes; Whereas, the city was and continues to be a leader in the development of rain gardens that other cities across the country look to as a model; Whereas, the City of Maplewood?s 2030 Comprehensive Plan leads again by including a Natural Resources chapter that articulates a vision for stewardship of our natural resources; Whereas, the city?s 2030 comprehensive plan identifies four natural area greenways including the Fish Creek Natural Area Greenway; Whereas, the Fish Creek Natural Area Greenway faces the biggest threat of development; Whereas, the city has strong support from the community for the preservation of land in the Fish Creek Natural Area Greenway; Whereas, the city has received letters of support from the Friends of the Mississippi River and the Sierra Club to protect and preserve land within the Fish Creek Natural Area Greenway; Whereas, House File No. 2055 ? Fish Creek Natural Area Greenway ? appropriates $2,400,000 for acquisition of land within the Fish Creek Natural Area Greenway; Now, Therefore, Be it Resolved, that the Maplewood City Council hereby supports House File No. 2055 ? Fish Creek Natural Area Greenway. Adopted this ___ day of _____________, 2009 __________________________________ _________________________________ Mayor City Clerk PacketPageNumber143of250 Memorandum Agenda Item L - 4 To: City Manager From: Finance Director Date: April 8, 2009 Re: Resolution Authorizing PMA to Act as Provider of Fixed Rate Investments BACKGROUND The City has deposited funds with the 4M program established by the League of Minnesota Cities and administered since May 1 2007 by PMA. PMA establishes sub- funds for each of our bond issues and is in the process of setting up the sub-fund for our series 2009A bonds. The proceeds of this bond issue will be expended over a period of time that may enable a portion to be invested in fixed rate investments. These investments will most likely be Certificates of Deposit in an amount less than the $250,000 limit on insurance through the FDIC. PMA has offered fixed rate investments such as Certificates of Deposit and Commercial Paper through RBC Dain Rauscher. They now seek our permission to use a variety of brokers so that they may seek qualifying investments with the best available interest rates. Attached, following the suggested resolution, are the Account Agreement and the Institutional Account Application, both referenced in the resolution and requiring execution. Also attached, is the City?s Investment Policy with the applicable portion of the state statutes. RECOMMENDATION Staff recommends approval of the resolution authorizing PMA to act as a provider of fixed rate investments. PacketPageNumber144of250 Whereas, this Council deems it to be in the best interest of the City for its Finance Director to make use, from time to time, of investments which are legal under the applicable State statutes; AND Whereas, a list of such investments (Investment Policy) has been presented to this Council; AND Whereas, this Council deems it to be in the best economic and administrative interest of the City for its Finance Director to make use of, from time to time, (one or both) PMA Financial Network, Inc. and/or PMA Securities, Inc. in securing such investments; NOW, THEREFORE, BE IT RESOLVED by this Council: That the Finance Director shall make use of investments legal under the applicable statutes (Investment Policy); and That the Investment Policy be placed in the minutes of the meeting at which this Resolution was adopted; and that when needed, notice of the modifications made to the Investment Policy from time to time be provided by the Finance Director; and That monies of the City may be invested at the discretion of its Finance Director or those acting on behalf of the Finance Director through the intermediary (PMA Securities, Inc. and PMA Financial Network, Inc.), and That attached to this resolution is an Institutional Account Application; and, as needed, modifications to this Institutional Account Application will be provided and attached to this resolution; and That the Finance Director may acquire guarantees for prompt return of invested and deposited monies; and That placed in the minutes of this meeting are the ?Account Agreement(s)? and the ?Institutional Account Application? as issued by PMA Securities, Inc. and PMA Financial Network, Inc., and That the City may open a depository account and enter into wire transfer agreements and safekeeping agreements with any other institutions participating in the PMA Programs, and That in addition, the following individuals or their successors are authorized signers on this account: Name: FINANCE DIRECTOR Signature ____________________________ It is hereby certified that , the Finance Director of which is Robert Mittet, THE CITY OF MAPLEWOOD adopted this Resolution at a duly convened meeting of the Maplewood City Council held on the _____day of _______________, 20__, and that such Resolution is in full force and effect on this date, and that such Resolution has not been modified, amended, or rescinded since its adoption. Signature: ________________________________________________ City Clerk PacketPageNumber145of250 PMA Financial Network, Inc. Account Agreement Provision of Services:To open a Certificate of Deposit / Commercial Paper Transaction Account (Account), you must complete a Master Account Agreement. When we approve your Institutional Account Application, we will open an Account for you and act as your agent to purchase and sell Certificates of Deposit and Commercial Paper for your Account and on your instructions. It is our policy not to give legal or tax advice on any particular type of investment, transaction or investment strategy. Rules and Regulations: Your Account and any transactions you make are subject to our house rules which may be modified or amended from time to time. Additionally your Account will be governed by the following: Applicable rules, regulations, customs and usages of any exchange, market, clearing house, or self-regulatory organization. Applicable federal and state laws, rules, and regulations. Transfer of Investment Funds Agreement: You agree to transfer all funds through one or more of the following: An individual account set up in your name at a financial institution participating in PMA programs, PMA Financial Network Commercial Paper Clearing Account, PMA Financial Network Certificate of Deposit Clearing Account. Requests for Transfers of Funds to Secondary Depositories: PMA Financial will assist in the transfer of to the institution of your choice under the following conditions: The institution is listed in the Institutional Account Application, If not listed on the Institutional Account Application, a Fax, dated and signed by an Authorized Personnel, is sent to the PMA offices giving complete Wiring and account information. This will be considered a "one-time-only' wiring request. PMA is not responsible for delays caused directly or indirectly by conditions beyond our control including, but not limited to interruptions of communications or data processing services, Federal Wiring Services, or service disruptions at sending or receiving institutions. Payment, Equity Deposit, Settlement:When you purchase Certificates of Deposit or Commercial Paper, you agree to pay the investment principal in a timely fashion on the day of settlement. We may use available funds in your Account to settle a transaction. If you don't tender the total purchase price when making a purchase, we may take appropriate steps to complete, cancel, or liquidate the transaction. This may include purchasing or borrowing the funds necessary to make the delivery, or borrowing funds from financial intermediaries participating in PMA programs on your behalf to complete the purchase. The financial intermediary will determine the rate on a loan of this type. We may require an equity deposit or full payment before we accept your order. You are responsible for costs, commissions, and losses arising from any actions we must take to liquidate or close transactions in your Account or from your failure to make timely good delivery of principal. When interest checks are mailed directly to the client or when the transaction is placed with Yield at Maturity, fees due PMA will be paid in full, by the Client, at the time of deposit. Or, at the option of the client, PMA will invoice the client for such fees. When the Client has chosen up front a Program in which interest checks are deposited in the Client's account at institutions participating in the PMA programs, fees due PMA will be paid by drawing from the Client's account, beginning with the first interest received. In the event your account balance is not sufficient to satisfy the full amount due PMA, payments to PMA will continue to be withdrawn from each subsequent interest payment deposited, until the balance due is paid in full. Your signature below indicates your permission for institutions participating in the PMA programs to allow PMA to debit your Account. Institutions participating in PMA programs shall have no responsibility to monitor the use or application of funds. Commercial Paper fees are taken on the day of settlement. Subsequent placements (e.g., reinvestments, rollovers) of Program money upon maturity of a Program Deposit will be subject to the terms of this agreement. Accuracy of Account Information: You represent and warrant that: You have supplied accurate information in your Client Information Form. No one, except the account holders listed on the Client Information Form has an interest in the Account. In addition, you agree to notify us in writing by mail or FAX of any important change in the information you supply us on the Client Information Form. In particular, you agree to notify us if: The List of Authorized Personnel is amended. Bank Wire Transfer Information is amended. 37 PacketPageNumber146of250 Termination: You may close your Account at any time by giving us notice. We may terminate any or all services rendered under the Account Agreement at any time and for any reason. Closing an account or terminating services won't affect rights and obligations incurred prior to closure or termination. Governing Law: The Account Agreement is governed by state law and applicable federal law, as applied to contracts entered into and completely performed within the state. Assignment:We may assign our rights and obligations under the Account Agreement to any subsidiary affiliate, or successor by merger or consolidation without notice to you, or to any other entity after 30 days written notice to you. Losses Due to Extraordinary Events:We aren't responsible for losses caused directly or indirectly by conditions beyond our control, including, but not limited to war, natural disasters, government restrictions, market rulings, strikers, interruptions of communications or data processing services, or disruptions in orderly trading on any market. Provision of Market Data:We obtain market data from markets and from parties that transmit market data (collectively referred to in this section as 'the market data providers"). All market data is protected by copyright laws. We provide market data for your personal non-commercial use; you may not sell, market, or redistribute it in any way, unless you've entered into written agreements with appropriate market data providers. We receive the market data from industry sources that are believed to be reliable. However, the accuracy, completeness, timeliness, or correct sequencing of the market data can't be guaranteed either by us or the market data providers. Neither we nor the market data providers will be liable for interruptions in the availability of market data or your access to market data. The market data is provided 'as is' and on an 'as available' basis. There is no warranty of any kind, express or implied regarding the market data. Any quotations generated from market data will also be considered subject to availability. Commissions and Fees: You agree to pay our fees as they apply to the transactions and services you receive. You agree to pay all insurance premiums as they may relate to transaction executed on your behalf. From time to time, the firm executes investments with the assistance of third party consultants. You agree to pay fees charged by third party consultants at their cost. You also agree to pay all applicable state and local excise taxes. Certificates of Deposit and Commercial Paper: Investments are competitively priced. The firm has assigned general names to investment programs available to customers. The following program names may appear in various communications or confirmations delivered by the firm. Network Program: This program provides access to our network of investments that do not carry third party insurance. PMA does not guarantee these investments. Certificates of deposit may have Federal Deposit Insurance Corporation coverage on deposit amounts of $100,000 or less. Commercial paper is unsecured debt issued by a corporation. Commercial paper does not carry any federal insurance coverage but may have credit enhancement facilities or features to support its credit rating. The fact that PMA offers a particular security should not be construed as a recommendation to purchase such security nor does it imply any warranty of the credit or liquidity features of such security. Collateral Program: Banks may offer to collateralize your certificate of deposit by pledging eligible securities. Banks will maintain collateral in amounts equal to the deposits in the certificate of deposit account or specified by your entities investment policy, whichever is greater. The collateral will be segregated into collateral account. Statements on the collateral will be provided. The firm will use all reasonable efforts to ensure that collateral agreements are properly executed. However, the firm recommends that legal counsel review each collateral agreement. Insured Program: Third party insurance or surety coverage may be available for certificates of deposit and commercial paper investments. Information regarding insurance providers participating in PMA programs is available upon written request. All disclaimers that apply to the Network program also apply to the Insured program. Notification:We'll send communications to you at the mailing address shown on your Client Information Form, or to another address you specify. Any communication we send to such an address, whether by mail, telegraph, messenger, or otherwise, is considered delivered to you personally, whether or not you actually receive it. Separability:If any term of this agreement is found to be invalid or unenforceable, all other provisions will remain in full force. Entire agreement, Amendment, and Waiver: The Account Agreement, as amended from time to time, is the complete statement of your agreement with us. The Account Agreement may be amended in the following manner: On notice to you, we may modify or rescind existing provisions or add new provisions. These modifications will be delivered to you by mail or other electronic means of communication. Amendments won't affect rights or obligations either of us incurs before the effective date of the amendment. Waivers of rights under the Account Agreement must be expressed in writing and signed by the party waiving the rights. A waiver will apply only to the particular circumstance giving rise to the waiver, and won't be considered a continuing waiver in other similar circumstances, unless the intention to grant a continuing waiver is expressed in writing. Our failure to insist on strict compliance with the Account Agreement or any other course of conduct on our part is not considered a waiver of our rights under the Account Agreement. I hereby certify that the information provided in this application is true, correct, and complete. I have read, agree, and am bound by the Terms and Conditions that govern my Account which are currently in effect and which may be amended in writing by an officer of PMA Financial Network, Inc. Date: Signature of Customer: _____________________________________________________________ Name of Organization: _______CITY OF MAPLEWOOD________________________________________________ 37 PacketPageNumber147of250 Institutional Account Application 1. CLIENT INFORMATION (please print or type) Entity Name to appear on Records / Reports: ___________CITY OF MAPLEWOOD________________________________________ ) Legal Entity Name as filed with the IRS (if known:__________________________________________________________________ Legal Address: _________1830 EAST COUNTY ROAD B MAPLEWOOD MN 55109______________________ City State Zip Mailing Address (if different): _____________________________________________________________________________________ City State Zip Account Contact: __ROBERT MITTET___________________Title: ______FINANCE & ADMINISTRATION MANAGER_________ (i.e., person to whom general correspondence, account statements, confirmations, etc. should be addressed) (651) 249-2902(651) 249-2909_ Telephone: _________Ext:_____________ Fax: ______________________________ E-Mail: _________robert.mittet@ci.maplewood.mn.us _____________ complete enclosed IRS Form W-9 ___41____6008920_____________ Federal Employer Identification Number: () ? 2. LIST OF AUTHORIZED PERSONNEL The following person(s) may withdraw funds and/or issue written, telephonic, or oral instructions to PMA with respect to the transfer of funds of this Entity by wire or otherwise for the purposes of investment: _____ROBERT MITTET ______________________ ____FINANCE & ADMIN MGR________ Print Name Position _______ _____________________ ______ _______________ Print Name Position ____________________________________________ ___________________________________ Print Name Position 3. BANK / WIRE TRANSFER INFORMATION Bank Name: ____________________________________________________ City & State: __________________________________ ABA #: _________________________ Account Name: __________________________________ Account #: ___________________ Bank Name: ____________________________________________________ City & State: __________________________________ ABA #: _________________________ Account Name: __________________________________ Account #: ___________________ Bank Name: ____________________________________________________ City & State: __________________________________ ABA #: _________________________ Account Name: __________________________________ Account #: ___________________ 4. AGENT / WIRE TRANSFER AGREEMENT I authorize PMA Financial Network, Inc. to act as our agent and in so acting to execute wire transfers for the purposes of purchasing investments in our name; and further, upon my direction (or that of any authorized person noted above), to execute wire transfers to the above listed account(s). _________________________________________________________________FINANCE & ADMIN MGR__________________________________ Signature Position Date Mail Completed Application To : PMA Securities, Inc. 6551 Jansen Avenue, Suite 101 Albertville, MN 55301 Phone : 763-497-1490 Fax: 763-497-1491 2-17-05 PacketPageNumber148of250 INVESTMENT POLICIES FOR THE CITY OF MAPLEWOOD November 26, 2001 I. SCOPE These investment policies apply to all financial assets held by the City of Maplewood. II. INVESTMENT OBJECTIVES A. The following objectives will be applied in the investment of the City's funds: 1. The primary objective is the preservation of capital and the protection of investment principal. 2. The City will strive to maximize the return on the investment portfolio and to preserve the purchasing power but will avoid assuming unreasonable investment risk. 3. The investment portfolio should allow the City to meet cash flow requirements for operations. 4. The City will employ mechanisms to control risks and diversify its investments in regard to the type, as well as the individual financial institution. III. LEGAL ASPECTS The City of Maplewood will invest only in securities that are permissible under Minnesota law (see attached). IV. CRITERIA FOR SELECTION OF FINANCIAL INTERMEDIARIES The City of Maplewood will conduct its investment transactions with (1) financial institutions located in the State of Minnesota that are designated as depositories by the City Council, (2) security dealers who are on the Federal Reserve Bank's list of primary dealers, and (3) security dealers that are subsidiaries of financial institutions that are designated as depositories by the City Council. V. MANAGEMENT FEE The General Fund shall be allocated a management fee of 0.6% per annum. This fee will be based on total investments owned plus accrued interest on the last day of each month. It will be allocated among the funds based on their proportionate share of investment interest earned. P:\PERM\INVESTMENTPOLICIES.DOC PacketPageNumber149of250 PacketPageNumber150of250 PacketPageNumber151of250 THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber152of250 M-1 AGENDA NO. AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS April 13, 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 # 77984 thru # 78031129,426.31 dated 03/17/09 thru 03/24/09 $ Disbursements via debits to checking account127,905.26 dated 03/13/09 thru 03/20/09 $ Checks #78032 thru # 78076507,983.62 dated 03/23/09 thru 03/31/09 $ Disbursements via debits to checking account317,002.47 dated 03/20/09 thru 03/27/09 $ Checks # 78077 thru # 78130393,367.88 dated 04/02/09 thru 04/07/09 $ Disbursements via debits to checking account567,693.35 dated 03/27/09 thru 04/03/09 $ Total Accounts Payable2,043,378.89 PAYROLL $ Payroll Checks and Direct Deposits dated 03/20/09491,927.57 $ Payroll Deduction check # 7015 thru # 70162,553.54 dated 03/20/09 $ Payroll Checks and Direct Deposits dated 04/03/09482,696.87 $ Payroll Deduction check # 1007055 thru # 10070562,470.29 dated 04/03/09 $ Total Payroll979,648.27 $ GRAND TOTAL3,023,027.16 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 P:\APPROVAL OF CLAIMS\2009\AprClms 3-20 3-27 and 4-3.XLT PacketPageNumber153of250 Check Register y of Maplewood Cit 03/20/2009 CheckDateVendorDescriptionAmount 7798400485REGISTRATION FEES118.00 03/17/2009FBINAA NORTHWEST CHAPTER 7798504052RE-REGISTRATION OF NAT'L REGISTRY180.0003/19/2009NATIONAL REGISTRAY OF EMT'S 7798604052RE-REGISTRATION OF NAT'L REGISTRY75.0003/19/2009NATIONAL REGISTRAY OF EMT'S 7798704052RE-REGISTRATION OF NAT'L REGISTRY20.0003/23/2009NATIONAL REGISTRAY OF EMT'S 7798801190ELECTRIC & GAS UTILITY6,893.1103/24/2009XCEL ENERGY 7798901047ROLL GOODS FOR SIGN FABRICATION3,520.1403/24/20093M 03/24/200901047ROLL GOODS FOR SIGN FABRICATION917.283M 7799000111PATROL & BOARDING FEES 2/9 - 3/93,107.4103/24/2009ANIMAL CONTROL SERVICES 7799104253MODEL FOR BRIDAL EXPO FEB 7TH50.0003/24/2009REBECCA BERNARDY 7799204068BASKETBALL OFFICIALS - FEB450.0003/24/2009CLASSIC METRO OFFICIALS ASSN 7799300241MEMBER KEY TAGS1,145.0003/24/2009CSI SOFTWARE 7799400384RICOH MPC2500 LEASE 2/21265.1803/24/2009DE LAGE LANDEN FINANCIAL SRVS 7799500412BOOKS - EFFECTIVE MGMT94.8403/24/2009DONALD SALVERDA & ASSOCIATES 7799603784SOFTWARE MAINT FOR ARCVIEW & 5,491.0403/24/2009ENVIRONMENTAL SYS RES INST INC 7799704255ACLS INSTRUCTOR FEE150.0003/24/2009BRIAN D ERICKSON 7799802071REIMB FOR PARKING & MILEAGE 3/3 - 3/6112.5003/24/2009DAVID FISHER 7799900543RICOH MP1100 LEASE 2/15897.7703/24/2009GE CAPITAL 03/24/200900543RICOH COPIER LEASE - MARCH352.28GE CAPITAL 7800000545MEMBERSHIP 5/1 - 4/30/10100.0003/24/2009GFOA 7800102351TASTE OF MAPLEWOOD - DEPOSIT500.0003/24/2009PAT HAYES 7800203968TRAINING199.7503/24/2009HIGHWAY TECHNOLOGIES, INC 7800303597REIMB FOR MILEAGE 2/17 - 3/1214.5803/24/2009MARY JO HOFMEISTER 7800404152GYM USAGE FEES886.2503/24/2009ISD 622 COMMUNITY EDUCATION 7800500827WORK COMP PREMIUM - 4TH 70,660.5003/24/2009L M C I T 7800600891MAMA MEETING23.0003/24/2009M A M A 7800703622WIDE AREA NETWORK - FEB392.0003/24/2009MN OFFICE OF ENTERPRISE TECH 7800804056FF RECERTIFICATION680.0003/24/2009MSFCB 7800901961NEXTEL CHARGES 1/15 - 2/147,761.6203/24/2009NEXTEL COMMUNICATIONS 7801001175MONTHLY UTILITIES2,928.5503/24/2009CITY OF NORTH ST PAUL 7801101184OVERHEAD GARAGE SERVICE DOOR280.0003/24/2009NORTHERN DOOR CO 7801201202PRINTING MW MONTHLY & SEASONS - 6,524.0003/24/2009NYSTROM PUBLISHING CO INC 7801300001REFUND B LEMKE MEMBERSHIP435.5403/24/2009ONE TIME VENDOR 7801400001REFUND T HOLMBERG VOLLEYBALL230.0003/24/2009ONE TIME VENDOR 7801500001REFUND S PLASTER CLASS CANCELLED55.0003/24/2009ONE TIME VENDOR 7801600001REFUND E BIAGI HP BENEFIT40.0003/24/2009ONE TIME VENDOR 7801700001REFUND SCHWIETZ UCARE BENEFIT40.0003/24/2009ONE TIME VENDOR 7801800001REFUND B EBNER UCARE BENEFIT20.0003/24/2009ONE TIME VENDOR 7801900001REFUND M NAROW MEDICA BENEFIT20.0003/24/2009ONE TIME VENDOR 7802000001REFUND J ZOBOROWSKI BCBS BENEFIT20.0003/24/2009ONE TIME VENDOR 7802100001REFUND A BERTHIAUME HP BENEFIT20.0003/24/2009ONE TIME VENDOR 7802200001REFUND E EICHTEN UP BENEFIT20.0003/24/2009ONE TIME VENDOR 7802301225REPAIRS TO SWEEPER HOSES54.4903/24/2009OSWALD HOSE & ADAPTERS 7802404210CONSULTANT FEES - STOP GAP 2,036.3603/24/2009PULSE LAND GROUP, INC. 03/24/200904210CONSULTANT FEES - COMP PLAN 936.36PULSE LAND GROUP, INC. 7802503830FIRE TRAINING HANDS ON ICE RESCUE1,800.0003/24/2009RIVERLAND COMMUNITY COLLEGE 03/24/200903830FIRE TRAINING CLASSROOM ICE RESCUE900.00RIVERLAND COMMUNITY COLLEGE 7802603879EMS RUNSHEETS & SUB - APRIL614.5903/24/2009SANSIO 7802704240SIGN LANGUAGE INTERPRETER - 476.0003/24/2009SPORTSIGN 7802801836RADIO SERVICE MAINT FEES - FEB114.0003/24/2009CITY OF ST PAUL 7802904254MODEL FOR BRIDAL EXPO FEB 7TH50.0003/24/2009SARA TUMM 7803002464FUNDS FOR ATM6,000.0003/24/2009US BANK 7803101750MDSE FOR RESALE462.7503/24/2009THE WATSON CO INC 03/24/2009THE WATSON CO INC01750MDSE FOR RESALE291.42 129,426.31 48Checks in this report. PacketPageNumber154of250 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 03/13/0903/16/09MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)8,568.57 03/13/0903/16/09MN Dept of Natural ResourcesDNR electronic licenses969.00 03/13/0903/16/09ARC AdministrationDCRP & Flex plan payments6,186.03 03/16/0903/17/09TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)12,129.33 03/16/0903/17/09MN State TreasurerDrivers License/Deputy Registrar(city clrk)3,452.00 03/16/0903/17/09MN Dept of RevenueFuel Tax432.48 03/17/0903/18/09WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,510.89 03/18/0903/19/09ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)15,128.40 03/18/0903/19/09US Bank VISA One Card*Purchasing Card Items39,606.47 03/19/0903/20/09FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)13,506.09 03/19/0903/20/09MN Dept of RevenueSales Tax10,416.00 TOTAL127,905.26 *Detailed listing of VISA purchases is attached. PacketPageNumber155of250 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 03/20/09BRUNSBERG, STEVEN52.50 03/20/09HJELLE, ERIK416.42 03/20/09JUENEMANN, KATHLEEN416.42 03/20/09NEPHEW, JOHN416.42 03/20/09ROSSBACH, WILLIAM416.42 03/20/09BURLINGAME, SARAH1,426.50 03/20/09CHRISTENSON, SCOTT1,825.35 03/20/09FARR, LARRY2,542.04 03/20/09JAHN, DAVID1,788.37 03/20/09RAMEAUX, THERESE2,942.51 03/20/09FORMANEK, KAREN1,633.35 03/20/09MITTET, ROBERT3,572.04 03/20/09ANDERSON, CAROLE2,713.77 03/20/09DEBILZAN, JUDY1,099.86 03/20/09JACKSON, MARY2,042.95 03/20/09KELSEY, CONNIE2,494.25 03/20/09LAYMAN, COLLEEN2,742.27 03/20/09CAREY, HEIDI2,377.35 03/20/09GUILFOILE, KAREN3,750.01 03/20/09KROLL, LISA1,794.45 03/20/09NEPHEW, MICHELLE1,441.35 03/20/09SCHMIDT, DEBORAH2,281.66 03/20/09SPANGLER, EDNA1,157.77 03/20/09CORTESI, LUANNE1,043.52 03/20/09JAGOE, CAROL1,833.17 03/20/09KELLY, LISA1,198.55 03/20/09LARSON, MICHELLE1,036.64 03/20/09MECHELKE, SHERRIE1,118.64 03/20/09MOY, PAMELA1,118.65 03/20/09OSTER, ANDREA1,833.17 03/20/09WEAVER, KRISTINE2,118.97 03/20/09ARNOLD, AJLA896.00 03/20/09CORCORAN, THERESA1,828.55 03/20/09PALANK, MARY1,830.86 03/20/09POWELL, PHILIP2,818.15 03/20/09SVENDSEN, JOANNE2,050.26 03/20/09THOMALLA, DAVID4,839.74 03/20/09YOUNG, TAMELA1,828.55 03/20/09ABEL, CLINT2,845.38 03/20/09ALDRIDGE, MARK2,804.87 03/20/09BAKKE, LONN2,817.70 03/20/09BARTZ, PAUL3,696.03 03/20/09BELDE, STANLEY2,945.95 03/20/09BENJAMIN, MARKESE2,357.69 03/20/09BIERDEMAN, BRIAN3,160.92 03/20/09BOHL, JOHN3,145.36 PacketPageNumber156of250 03/20/09BUSACK, DANIEL3,147.62 03/20/09COFFEY, KEVIN2,791.92 03/20/09CROTTY, KERRY3,195.49 03/20/09DEMULLING, JOSEPH2,093.98 03/20/09DOBLAR, RICHARD3,281.56 03/20/09FRITZE, DEREK2,403.09 03/20/09GABRIEL, ANTHONY3,136.32 03/20/09HAWKINSON JR, TIMOTHY2,070.90 03/20/09HER, PHENG1,840.88 03/20/09HIEBERT, STEVEN2,804.87 03/20/09JOHNSON, KEVIN4,426.57 03/20/09KALKA, THOMAS821.48 03/20/09KARIS, FLINT3,958.65 03/20/09KONG, TOMMY2,749.10 03/20/09KREKELER, NICHOLAS713.08 03/20/09KROLL, BRETT2,705.82 03/20/09KVAM, DAVID3,980.20 03/20/09LANGNER, TODD2,600.16 03/20/09LARSON, DANIEL2,757.48 03/20/09LU, JOHNNIE2,939.52 03/20/09MARINO, JASON3,099.42 03/20/09MARTIN, JERROLD2,884.24 03/20/09MCCARTY, GLEN3,215.56 03/20/09METRY, ALESIA3,234.72 03/20/09NYE, MICHAEL3,050.22 03/20/09OLSON, JULIE2,989.83 03/20/09PALMA, STEVEN3,058.24 03/20/09RABBETT, KEVIN3,845.60 03/20/09RHUDE, MATTHEW2,635.76 03/20/09SHORTREED, MICHAEL3,881.66 03/20/09STEFFEN, SCOTT3,421.31 03/20/09STEINER, JOSEPH2,718.81 03/20/09SYPNIEWSKI, WILLIAM2,681.98 03/20/09SZCZEPANSKI, THOMAS2,855.76 03/20/09TRAN, JOSEPH2,841.12 03/20/09WENZEL, JAY2,899.85 03/20/09XIONG, KAO2,670.44 03/20/09BERGERON, JOSEPH5,051.46 03/20/09DUGAS, MICHAEL3,267.07 03/20/09ERICKSON, VIRGINIA3,255.55 03/20/09FLOR, TIMOTHY3,989.20 03/20/09FRASER, JOHN3,086.26 03/20/09LANGNER, SCOTT2,896.00 03/20/09THEISEN, PAUL3,199.66 03/20/09THIENES, PAUL2,956.73 03/20/09BAUMAN, ANDREW2,318.70 03/20/09DAWSON, RICHARD3,034.44 03/20/09DOLLERSCHELL, ROBERT293.39 03/20/09EVERSON, PAUL2,973.40 03/20/09FOSSUM, ANDREW2,314.60 03/20/09HALWEG, JODI2,502.55 03/20/09JUNGMANN, BERNARD3,126.84 03/20/09NOVAK, JEROME2,740.96 03/20/09OLSON, JAMES3,066.36 PacketPageNumber157of250 03/20/09PERBIX, CHARLES2,508.50 03/20/09PETERSON, ROBERT2,832.46 03/20/09RICHARDSON, ANDREA2,195.33 03/20/09SEDLACEK, JEFFREY2,763.35 03/20/09STREFF, MICHAEL3,604.60 03/20/09SVENDSEN, RONALD2,855.54 03/20/09GERVAIS-JR, CLARENCE3,440.23 03/20/09LUKIN, STEVEN4,387.97 03/20/09ZWIEG, SUSAN2,170.15 03/20/09AHL, R. CHARLES5,007.08 03/20/09KNUTSON, LOIS1,848.56 03/20/09NIVEN, AMY1,371.42 03/20/09PRIEFER, WILLIAM2,633.26 03/20/09BRINK, TROY2,589.82 03/20/09BUCKLEY, BRENT2,030.69 03/20/09DEBILZAN, THOMAS2,089.79 03/20/09EDGE, DOUGLAS2,370.75 03/20/09HAMRE, MILES140.25 03/20/09JONES, DONALD2,211.34 03/20/09MEISSNER, BRENT1,838.51 03/20/09MEYER, GERALD2,181.55 03/20/09NAGEL, BRYAN3,105.66 03/20/09OSWALD, ERICK2,299.33 03/20/09RUNNING, ROBERT2,335.29 03/20/09TEVLIN, TODD2,225.34 03/20/09BURLINGAME, NATHAN2,211.59 03/20/09DUCHARME, JOHN2,634.06 03/20/09ENGSTROM, ANDREW2,668.05 03/20/09GAYNOR, VIRGINIA2,827.97 03/20/09JACOBSON, SCOTT2,737.61 03/20/09JAROSCH, JONATHAN2,555.75 03/20/09KREGER, JASON2,834.75 03/20/09KUMMER, STEVEN2,890.95 03/20/09LINDBLOM, RANDAL3,509.01 03/20/09LOVE, STEVEN3,505.75 03/20/09O'CONNOR, DONOVAN878.40 03/20/09THOMPSON, MICHAEL3,646.21 03/20/09ZIEMAN, SCOTT145.20 03/20/09EDSON, DAVID2,106.68 03/20/09HINNENKAMP, GARY2,187.97 03/20/09MARUSKA, MARK3,090.00 03/20/09NAUGHTON, JOHN2,220.82 03/20/09NORDQUIST, RICHARD2,066.86 03/20/09NOVAK, MICHAEL676.90 03/20/09SCHINDELDECKER, JAMES2,066.86 03/20/09BIESANZ, OAKLEY1,199.71 03/20/09DEAVER, CHARLES90.38 03/20/09GERNES, CAROLE125.81 03/20/09HAYMAN, JANET1,339.85 03/20/09HUTCHINSON, ANN2,546.16 03/20/09SOUTTER, CHRISTINE152.50 03/20/09WACHAL, KAREN720.08 03/20/09FINWALL, SHANN2,989.36 PacketPageNumber158of250 03/20/09FRY, PATRICIA1,898.06 03/20/09HALL, KATHLEEN126.00 03/20/09KONEWKO, DUWAYNE4,362.50 03/20/09SINDT, ANDREA1,977.35 03/20/09THOMPSON, DEBRA731.42 03/20/09EKSTRAND, THOMAS3,707.78 03/20/09MARTIN, MICHAEL2,344.55 03/20/09BRASH, JASON2,098.71 03/20/09CARVER, NICHOLAS3,118.02 03/20/09FISHER, DAVID3,687.08 03/20/09RICE, MICHAEL2,486.15 03/20/09SWAN, DAVID2,559.75 03/20/09WELLENS, MOLLY1,507.26 03/20/09BERGER, STEPHANIE411.75 03/20/09BJORK, BRANDON308.00 03/20/09FRANK, PETER130.00 03/20/09HILDEBRANT, SAWYER72.00 03/20/09JANASZAK, MEGHAN993.75 03/20/09KOHLMAN, JENNIFER308.25 03/20/09ROBBINS, AUDRA2,513.20 03/20/09ROBBINS, CAMDEN42.00 03/20/09SCHALLER, SCOTT259.88 03/20/09SHERRILL, CAITLIN623.14 03/20/09STAPLES, PAULINE3,309.18 03/20/09TAUBMAN, DOUGLAS3,208.66 03/20/09TAYLOR, JAMES2,067.42 03/20/09ADAMS, DAVID1,579.17 03/20/09GERMAIN, DAVID2,073.79 03/20/09HAAG, MARK2,316.86 03/20/09NADEAU, EDWARD3,485.52 03/20/09SCHULTZ, SCOTT2,367.87 03/20/09ANZALDI, MANDY1,882.74 03/20/09BERGLUND, DANIEL347.25 03/20/09BRENEMAN, NEIL1,793.02 03/20/09CRAWFORD - JR, RAYMOND875.50 03/20/09DICKS, JOHN333.00 03/20/09EVANS, CHRISTINE1,114.34 03/20/09FABIO-SHANLEY, MICHAEL121.08 03/20/09GLASS, JEAN2,041.87 03/20/09HANSEN, LORI2,692.83 03/20/09HER, CHONG450.00 03/20/09HER, PETER318.20 03/20/09HIX, MELINDA115.50 03/20/09HOFMEISTER, MARY926.86 03/20/09NAGEL, BROOKE151.00 03/20/09PELOQUIN, PENNYE566.11 03/20/09PENN, CHRISTINE1,400.00 03/20/09SCHOENECKER, LEIGH513.00 03/20/09VANG, KAY48.00 03/20/09VANG, TIM60.00 03/20/09AICHELE, MEGAN63.00 03/20/09BAUDE, SARAH176.00 03/20/09BEITLER, JULIE102.00 03/20/09BENJAMIN, AYLA12.60 PacketPageNumber159of250 03/20/09BIGGS, ANNETTE50.00 03/20/09BRUSOE, AMY130.20 03/20/09BRUSOE, CRISTINA225.60 03/20/09CAMPBELL, JESSICA126.00 03/20/09CLARK, PAMELA72.00 03/20/09DEMPSEY, BETH245.00 03/20/09DUNN, RYAN1,094.21 03/20/09ERICKSON-CLARK, CAROL47.50 03/20/09FLACKEY, MAUREEN112.00 03/20/09GIEL, NICOLE51.00 03/20/09GRUENHAGEN, LINDA402.90 03/20/09HOLMBERG, LADONNA495.00 03/20/09HORWATH, RONALD2,513.20 03/20/09JOHNSON, JAMES240.13 03/20/09JOSSART, ANGELA34.00 03/20/09JOYER, JENNA69.23 03/20/09KOGLER, RYAN79.00 03/20/09KOLLER, NINA30.88 03/20/09KRONHOLM, KATHRYN473.25 03/20/09MANZELLA, TERESA51.00 03/20/09MATESKI, WAYNE140.00 03/20/09MCCANN, NATALIE72.00 03/20/09MCCARTHY, ERICA140.25 03/20/09NADEAU, KELLY100.00 03/20/09OBRIEN, JULIE120.00 03/20/09OLSON, SANDRA423.50 03/20/09PEHOSKI, JOEL62.50 03/20/09PROESCH, ANDY568.26 03/20/09RHODY, DIANE604.00 03/20/09RICHTER, DANIEL142.00 03/20/09RICHTER, NANCY1,508.88 03/20/09RONNING, ISAIAH273.00 03/20/09SCHAEFER, NATALIE21.00 03/20/09SCHREIER, ROSEMARIE142.00 03/20/09SCHUNEMAN, GREGORY166.40 03/20/09SJERVEN, BRENDA68.00 03/20/09SKUNES, KELLY108.50 03/20/09SMITH, ANN227.00 03/20/09TUPY, ELIANA68.00 03/20/09TUPY, HEIDE260.85 03/20/09TUPY, MARCUS265.08 03/20/09WARNER, CAROLYN233.10 03/20/09WEDES, CARYL63.50 03/20/09WINEGAR, JILL37.30 03/20/09WOLFGRAM, TERESA192.74 03/20/09WOODMAN, ALICE138.00 03/20/09YOUNCE, BLAISE129.50 03/20/09ZALK, DAVID20.00 03/20/09ZALK, IDA60.35 03/20/09BOSLEY, CAROL372.08 03/20/09HOLMGREN, STEPHANIE157.25 03/20/09LANGER, CHELSEA148.75 03/20/09LANGER, KAYLYN199.50 PacketPageNumber160of250 03/20/09ZAGER, LINNEA211.50 03/20/09BEHAN, JAMES1,895.40 03/20/09DOUGLASS, TOM1,275.96 03/20/09LONETTI, JAMES60.00 03/20/09MALONEY, SHAWNA140.00 03/20/09PRINS, KELLY1,220.22 03/20/09REILLY, MICHAEL1,861.35 03/20/09SCHOENECKER, KYLE145.00 03/20/09VALERIO, TARA217.50 03/20/09AICHELE, CRAIG2,116.55 03/20/09PRIEM, STEVEN2,322.15 03/20/09WOEHRLE, MATTHEW1,978.15 03/20/09BERGO, CHAD2,574.18 03/20/09FOWLDS, MYCHAL3,085.88 03/20/09FRANZEN, NICHOLAS2,145.70 7790303/10/09GROPPOLI, JOE46.50 100695703/20/09LONGRIE, DIANA473.15 100695803/20/09ANTONEN, JAMES3,000.00 100695903/20/09TAUZELL, BRIAN885.82 100696003/20/09WELCHLIN, CABOT3,025.56 100696103/20/09ABRAHAMSON, TYLER120.00 100696203/20/09BONKO, NICHOLAS84.00 100696303/20/09BUCZKOWSKI, ALAN105.00 100696403/20/09CHAMBERLAIN, JAMIE60.00 100696503/20/09CHEZIK, CARLEY220.00 100696603/20/09DALBEC, JAMES120.00 100696703/20/09DOTAS, ROCHELLE72.00 100696803/20/09FRANK, SARAH120.00 100696903/20/09GEISER, EMILY40.00 100697003/20/09GONSIOR, BENJAMIN96.00 100697103/20/09GRAVES, CONNIE92.00 100697203/20/09GREENER, DOUGLAS99.00 100697303/20/09HANNIGAN, TYLER100.00 100697403/20/09HELKAMP, KAYLA120.00 100697503/20/09HER, KIM55.68 100697603/20/09HOLLE, LEAH216.00 100697703/20/09LINDA, KELLIE231.75 100697803/20/09MASON, LAURA88.00 100697903/20/09NELSON, KIRSTEN100.00 100698003/20/09NICHOLS, SAMUEL64.00 100698103/20/09NICHOLSON, COLIN217.50 100698203/20/09ORTT, MATTHEW120.00 100698303/20/09SCHOUVIELLER, NATHAN132.00 100698403/20/09TARR-JR, GUS180.00 100698503/20/09THEISS, NIANDRA88.00 100698603/20/09THIETS, EMMA77.00 100698703/20/09VERMILYEA, ABBY143.00 100698803/20/09YORKOVICH, BENJAMIN108.00 100698903/20/09YORKOVICH, JENNA81.00 100699003/20/09HOFMEISTER, TIMOTHY334.00 100699103/20/09NAGEL, BRANDON192.00 100699203/20/09VUE, LOR PAO266.00 100699303/20/09BUESING, DYLAN108.50 100699403/20/09FENGER, JUSTIN70.20 PacketPageNumber161of250 100699503/20/09GRANT, MELISSA319.50 100699603/20/09HANSON, MATTHEW184.88 100699703/20/09LAMSON, KEVIN42.00 100699803/20/09MCCORMACK, MELISSA70.00 100699903/20/09MCLAURIN, CHRISTOPHER345.70 100700003/20/09MORIS, RACHEL39.00 100700103/20/09NWANOKWALE, MORDY18.63 100700203/20/09PIEPER, THEODORE225.00 100700303/20/09RENFORD, NATHAN271.25 100700403/20/09ROSTRON, ROBERT356.50 100700503/20/09SAUCERMAN, MICHAEL170.60 100700603/20/09SCHAEFER, JAMES139.56 100700703/20/09SCHMIDT, JOHN184.50 100700803/20/09WALKER, TYLER52.50 100700903/20/09WEEVER, NAOMI21.00 1007010 HER, SHILLAM03/20/09116.00E 100701103/20/09BOWMAN, MATTHEW275.95 100701203/20/09CURRAN, JAMES378.00 100701303/20/09SCHULZE, KEVIN483.70 100701403/20/09STEFFEN, MICHAEL28.00 TOTAL 491,927.57 PacketPageNumber162of250 Trans DatePosting DateMerchant NameTrans AmountName 02/26/200903/02/2009MICHAELS #2744$115.30 MANDY ANZALDI 02/27/200903/02/2009KMART 3034$32.01 MANDY ANZALDI 03/04/200903/05/2009TARGET 00011858$114.68 MANDY ANZALDI 03/04/200903/05/2009CUB FOODS, INC.$25.81 MANDY ANZALDI 03/06/200903/09/2009JOANN ETC #1970$10.21 MANDY ANZALDI 03/06/200903/09/2009PARTY CITY #768$25.23 MANDY ANZALDI 03/07/200903/09/2009CUB FOODS, INC.$39.97 MANDY ANZALDI 03/09/200903/11/2009ANDON BALLOONS INC -$31.95 MANDY ANZALDI 02/26/200903/02/2009GOPHER STAGE LIGHTING$1,023.00 JIM BEHAN 02/27/200903/02/2009MUSKA LIGHTING CENTER$188.20 JIM BEHAN 03/02/200903/03/2009NUCO2$54.18 JIM BEHAN 03/02/200903/03/2009NUCO2$58.18 JIM BEHAN 03/02/200903/03/2009NUCO2$108.19 JIM BEHAN 03/02/200903/03/2009NUCO2$62.93 JIM BEHAN 03/02/200903/04/2009THE HOME DEPOT 2801$47.88 JIM BEHAN 03/03/200903/05/2009THE HOME DEPOT 2801$65.33 JIM BEHAN 03/09/200903/10/2009SHERWIN WILLIAMS #3127$27.80 JIM BEHAN 03/12/200903/13/2009CYBEX - 01$50.15 JIM BEHAN 03/07/200903/09/2009MENARDS 3022$190.72 RON BOURQUIN 03/04/200903/06/2009MARTIALARTSSUPPLIE$284.88 NEIL BRENEMAN 03/05/200903/06/2009CUB FOODS, INC.$3.98 NEIL BRENEMAN 03/06/200903/09/2009UPS*1Z443F6T0394468668$9.39 NEIL BRENEMAN 03/07/200903/09/2009ALL STAR HEALTH.COM$285.60 NEIL BRENEMAN 03/10/200903/11/2009ARAMARK MINNEAPOLIS OCS$798.02 NEIL BRENEMAN 03/11/200903/12/2009CLOVER SUPER FOODS$222.94 NEIL BRENEMAN 03/06/200903/09/2009LILLIE SUBURBAN NEWSPAPE$659.00 HEIDI CAREY 03/06/200903/09/2009VZWRLSS*APOCC VISN$96.49 HEIDI CAREY 03/11/200903/13/2009MICHAELS #2752$28.30 HEIDI CAREY 02/26/200903/02/2009INT'L CODE COUNCIL INC$42.35 NICHOLAS CARVER 02/26/200903/02/2009VIKING ELEC-CREDIT DEPT.($116.07)SCOTT CHRISTENSON 03/02/200903/03/2009MENARDS 3059$29.42 SCOTT CHRISTENSON 03/03/200903/05/2009THE HOME DEPOT 2801$2.09 SCOTT CHRISTENSON 03/09/200903/10/2009HENRIKSEN ACE HARDWARE$8.55 SCOTT CHRISTENSON 03/10/200903/12/2009THE HOME DEPOT 2801$121.91 SCOTT CHRISTENSON 03/05/200903/06/2009G & K SERVICES 006$48.22 CHARLES DEAVER 03/10/200903/11/2009MENARDS 3059$10.65 THOMAS DEBILZAN 03/06/200903/09/2009MILLS FLEET FARM #27$69.33 DOUG EDGE 03/05/200903/09/2009THE HOME DEPOT 2801$56.51 PAUL E EVERSON 03/09/200903/10/2009APPLIANCE REPAIR SPECIALI$185.00 PAUL E EVERSON 03/02/200903/04/2009GUITAR CENTER #394$495.85 LARRY FARR 03/02/200903/04/2009GUITAR CENTER #394$348.87 LARRY FARR 03/03/200903/05/2009BREDEMUS HARDWARE CO$25.96 LARRY FARR 03/04/200903/06/2009THE HOME DEPOT 2801$153.10 LARRY FARR 03/05/200903/05/2009TCIC$107.24 LARRY FARR 03/05/200903/06/2009G & K SERVICES 006$738.56 LARRY FARR 03/05/200903/06/2009G & K SERVICES 006$409.50 LARRY FARR 03/05/200903/06/2009BEST BUY MHT 00000158$452.58 LARRY FARR 03/05/200903/06/2009IDEA ART$36.90 LARRY FARR 03/05/200903/06/2009MENARDS 3022$17.55 LARRY FARR 03/06/200903/09/2009TWIN CITY HARDWARE HADLEY$2,007.50 LARRY FARR 03/06/200903/09/2009DAVIS LOCK & SAFE$162.82 LARRY FARR 03/06/200903/09/2009BREDEMUS HARDWARE CO$200.00 LARRY FARR 03/06/200903/09/2009GUITAR CENTER #394$16.00 LARRY FARR 03/06/200903/09/2009MENARDS 3022$16.61 LARRY FARR 03/09/200903/10/2009WM EZPAY$328.91 LARRY FARR 03/09/200903/10/2009WM EZPAY$123.74 LARRY FARR 03/09/200903/11/2009GUITAR CENTER #394($650.03)LARRY FARR 03/09/200903/11/2009GUITAR CENTER #394($495.85)LARRY FARR 03/09/200903/11/2009WM EZPAY$340.70 LARRY FARR 03/10/200903/12/2009ACME ELECTRONICS CENTER I$163.43 LARRY FARR 03/11/200903/11/2009TCIC($107.24)LARRY FARR 03/06/200903/06/2009CONTRIBUTIONS CENTER$29.00 SHANN FINWALL 03/04/200903/06/2009THE HOME DEPOT 2801$15.87 MYCHAL FOWLDS PacketPageNumber163of250 03/04/200903/06/2009THE HOME DEPOT 2801$2.03 MYCHAL FOWLDS 03/08/200903/09/2009CTO*GOTOMYPC.COM$33.90 MYCHAL FOWLDS 03/10/200903/10/2009PAYPAL *FIRSTINTERN$29.95 MYCHAL FOWLDS 03/12/200903/12/2009PAYPAL INC$94.45 MYCHAL FOWLDS 02/27/200903/02/2009SANDMAN TELECOM PRODUC$41.85 NICK FRANZEN 03/04/200903/05/2009WWW.NEWEGG.COM$120.62 NICK FRANZEN 03/11/200903/13/2009SHI INTERNATIONAL CORP$87.33 NICK FRANZEN 03/07/200903/10/2009OREILLY AUTO 00020743$8.53 CLARENCE GERVAIS 02/28/200903/02/2009OFFICE DEPOT #1090$88.56 JEAN GLASS 03/06/200903/09/2009OFFICE DEPOT #1090$26.92 JEAN GLASS 03/05/200903/06/2009METRO SALES INC$2,600.14 KAREN E GUILFOILE 03/09/200903/11/2009PAYPAL *EBAGSCOM$45.51 KAREN E GUILFOILE 03/11/200903/13/2009OFFICE MAX$49.32 KAREN E GUILFOILE 03/11/200903/13/2009OFFICE MAX$19.20 KAREN E GUILFOILE 03/11/200903/12/2009PIONEER PRESS SUBSCRIPTI$468.00 LORI HANSON 03/12/200903/13/2009MENARDS 3022$79.22 GARY HINNENKAMP 03/10/200903/12/2009AMERICAN RED CROS01 OF 01$28.00 RON HORWATH 03/09/200903/11/2009CENTURY COLLEGE-BO$150.00 BERNARD R JUNGMANN 03/10/200903/11/2009BOUND TREE MEDICAL LLC$400.85 BERNARD R JUNGMANN 03/10/200903/11/2009BOUND TREE MEDICAL LLC$57.50 BERNARD R JUNGMANN 03/11/200903/12/2009PHILIPS MEDICAL SYSTEMS$342.65 BERNARD R JUNGMANN 03/11/200903/13/2009PRIMARY PRODUCTS COMPANY$170.70 BERNARD R JUNGMANN 03/06/200903/09/2009CVS PHARMACY #1751 Q03$3.19 TOM KALKA 03/01/200903/02/2009VZWRLSS*APOCC VISN$112.28 DUWAYNE KONEWKO 03/04/200903/05/2009BATTERIES PLUS #31$68.79 NICHOLAS KREKELER 03/11/200903/12/2009THE UPS STORE #2171$16.10 NICHOLAS KREKELER 03/04/200903/06/2009OFFICE DEPOT #1090$56.53 LISA KROLL 03/03/200903/04/2009ACCURINT EOM AUTO P$52.00 DAVID KVAM 03/04/200903/05/2009PAYPAL *ESPRESSINC$154.65 DAVID KVAM 02/27/200903/02/2009AIRGAS NORTH CENTRAL$886.15 STEVE LUKIN 03/01/200903/02/2009TARGET 00011858$2.71 STEVE LUKIN 03/02/200903/03/2009ROAD RESCUE EMERGENCY VE$85.96 STEVE LUKIN 03/05/200903/06/2009EMERGENCY APPARATUS MAINT$1,919.30 STEVE LUKIN 03/10/200903/11/2009AJ FORLITI PHOTOGRAPHY$42.80 STEVE LUKIN 03/10/200903/11/2009AJ FORLITI PHOTOGRAPHY$26.75 STEVE LUKIN 03/10/200903/11/2009OVERHEAD DOOR OF NORTH$603.95 STEVE LUKIN 03/11/200903/12/2009CUB FOODS, INC.$28.47 STEVE LUKIN 03/11/200903/13/2009CLASSIC COLLISION CENT$300.00 STEVE LUKIN 03/12/200903/13/2009NORM'S TIRE SALES INC$550.83 GORDON MALLORY 03/03/200903/04/2009HENRIKSEN ACE HARDWARE$166.93 MARK MARUSKA 03/05/200903/06/2009WM EZPAY$60.27 MARK MARUSKA 03/10/200903/11/2009G & K SERVICES 006$376.46 MARK MARUSKA 03/08/200903/10/2009RED WING SHOE STORE$143.00 BRENT MEISSNER 02/28/200903/02/2009COMCAST CABLE COMM$142.08 ROBERT MITTET 03/02/200903/03/2009FSH COMMUNICATION01 OF 01$63.90 ROBERT MITTET 03/07/200903/09/2009SHRED-IT$18.15 ROBERT MITTET 03/10/200903/11/2009TRAVELOCITY PACKAGE$1,583.77 ROBERT MITTET 03/10/200903/11/2009NATIONAL LEAGUE OF CITIES$765.00 ROBERT MITTET 03/12/200903/13/2009VZWRLSS*APOCC VISN$173.29 ROBERT MITTET 02/27/200903/02/2009TARGET 00011858$22.08 AMY NIVEN 03/02/200903/03/2009OFFICE DEPOT #1090$116.76 AMY NIVEN 03/04/200903/06/2009ADVANCED GRAPHIC SYSTEMS$697.58 AMY NIVEN 03/10/200903/11/2009G & K SERVICES 006$794.32 AMY NIVEN 03/10/200903/11/2009G & K SERVICES 006$254.32 AMY NIVEN 03/10/200903/11/2009G & K SERVICES 006$162.78 AMY NIVEN 02/26/200903/02/2009CARQUEST 01021104$69.94 RICHARD NORDQUIST 03/03/200903/05/2009OFFICE DEPOT #1090$182.29 MARY KAY PALANK 03/04/200903/06/2009OFFICE DEPOT #1090$153.68 MARY KAY PALANK 03/09/200903/11/2009OFFICE DEPOT #1090($153.68)MARY KAY PALANK 03/13/200903/13/2009POTTERY BARN KIDS E-CO$106.17 CHRISTINE PENN 02/27/200903/02/2009LOCKSMITH PARTS SUPPLIES$95.60 PHILIP F POWELL 03/06/200903/09/2009LOCKSMITH PARTS SUPPLIES$99.60 PHILIP F POWELL 03/09/200903/11/2009THE HOME DEPOT 2801$49.89 PHILIP F POWELL 02/27/200903/02/2009S S TREE AND HORTICULTUR$600.00 WILLIAM J PRIEFER PacketPageNumber164of250 02/27/200903/02/2009GE CAPITAL$331.99 WILLIAM J PRIEFER 03/09/200903/10/2009AMERICAN PUBLIC WORKS$847.50 WILLIAM J PRIEFER 02/27/200903/02/2009FREDS TIRE & SERVICE COMP$301.01 STEVEN PRIEM 03/02/200903/04/2009TOUSLEY FORD I27200039$230.62 STEVEN PRIEM 03/02/200903/04/2009BOYER TRUCK PARTS$78.54 STEVEN PRIEM 03/03/200903/05/2009TOUSLEY FORD I27200039$429.77 STEVEN PRIEM 03/03/200903/05/2009TOUSLEY FORD I27200039$160.89 STEVEN PRIEM 03/04/200903/05/2009E A T I$19.38 STEVEN PRIEM 03/04/200903/06/2009KATH AUTO PARTS NSP$45.43 STEVEN PRIEM 03/04/200903/06/2009GOODYEAR AUTO SRV CT 6920$98.00 STEVEN PRIEM 03/05/200903/06/2009DELEGARD TOOL COMPANY$1,158.50 STEVEN PRIEM 03/05/200903/06/2009ZIEGLER INC - RETAIL$38.15 STEVEN PRIEM 03/06/200903/09/2009KATH AUTO PARTS NSP$25.91 STEVEN PRIEM 03/06/200903/09/2009KATH AUTO PARTS NSP$67.69 STEVEN PRIEM 03/09/200903/10/2009MTI TPEC$191.60 STEVEN PRIEM 03/09/200903/11/2009KATH AUTO PARTS LC$170.76 STEVEN PRIEM 03/09/200903/11/2009KATH AUTO PARTS NSP$11.53 STEVEN PRIEM 03/09/200903/11/2009ZARNOTH BRUSH WORKS$1,611.98 STEVEN PRIEM 03/10/200903/12/2009KATH AUTO PARTS NSP$8.19 STEVEN PRIEM 03/11/200903/13/2009KATH AUTO PARTS NSP$162.84 STEVEN PRIEM 03/11/200903/13/2009TOUSLEY FORD I27200039$41.96 STEVEN PRIEM 03/12/200903/13/2009SAFELITE/ELITE/AGS$195.90 STEVEN PRIEM 03/12/200903/13/2009POLAR CHEVROLET MAZDA PAR$36.08 STEVEN PRIEM 03/13/200903/13/2009SOI*SNAP-ON INDUSTRIAL$340.96 STEVEN PRIEM 02/27/200903/02/2009GE CAPITAL$43.77 TERRIE RAMEAUX 03/06/200903/09/2009MN OCCUPATIONAL HEALTH$238.00 TERRIE RAMEAUX 03/11/200903/12/2009AMSTERDAM PRNT & LITHO$212.92 TERRIE RAMEAUX 03/03/200903/04/2009HILLYARD INC MINNEAPOLIS$835.60 MICHAEL REILLY 03/04/200903/05/2009POWER SYSTEMS$454.87 NANCY RICHTER 03/09/200903/10/2009FASTENAL CO-RETAIL$47.95 ROBERT RUNNING 03/12/200903/13/2009FASTENAL CO-RETAIL$90.10 ROBERT RUNNING 03/05/200903/06/2009MENARDS 3059$42.65 JAMES SCHINDELDECKER 03/09/200903/10/2009MENARDS 3059$95.82 JAMES SCHINDELDECKER 03/10/200903/11/2009MENARDS 3059$9.67 JAMES SCHINDELDECKER 03/05/200903/06/2009T-MOBILE.COM*PAYMENT$29.65 DEB SCHMIDT 02/26/200903/04/2009WEBER & TROSETH INC$234.70 MICHAEL SHORTREED 02/26/200903/04/2009WEBER & TROSETH INC$234.70 MICHAEL SHORTREED 03/02/200903/04/2009UNIFORMS UNLIMITED$2,046.93 MICHAEL SHORTREED 03/02/200903/04/2009UNIFORMS UNLIMITED INC$27.49 MICHAEL SHORTREED 03/03/200903/05/2009UNIFORMS UNLIMITED INC$154.95 MICHAEL SHORTREED 03/06/200903/09/2009THE OLIVE GARD00012005$54.74 MICHAEL SHORTREED 03/07/200903/09/2009GAYLORD OPRYLAND HTL ADV.$263.92 MICHAEL SHORTREED 03/09/200903/10/2009FONDDULAC TRBL CCLG BS$25.00 MICHAEL SHORTREED 03/09/200903/11/2009LAW ENFORCEMENT TARGETS$27.44 MICHAEL SHORTREED 03/05/200903/09/2009ADVANCED GRAPHIC SYSTEMS$101.18 ANDREA SINDT 02/28/200903/03/2009BLUE RIBBON BAIT & TACKLE$8.52 CHRISTINE SOUTTER 03/04/200903/05/2009RAINBOW FOODS 00088617$77.23 PAULINE STAPLES 03/01/200903/02/2009T-MOBILE RECURRING PMT$120.06 DOUGLAS J TAUBMAN 03/05/200903/09/2009AFTON ALPS MOTO$216.00 JAMES TAYLOR 02/28/200903/02/2009WORLD FOOTLOCKER #5032$105.00 DAVID J THOMALLA 03/04/200903/05/2009CHILI'S-MAPLEWOOD$34.50 DAVID J THOMALLA 03/11/200903/12/2009MHP*ENGINEERING NEWS R$69.00 MICHAEL THOMPSON 03/11/200903/13/2009CPS INC-DARECATALOUGE.COM$57.50 JOE TRAN 03/06/200903/09/2009PIONEER PRESS SUBSCRIPTI$55.64 SUSAN ZWIEG 03/07/200903/09/2009SHRED-IT$51.45 SUSAN ZWIEG 03/12/200903/13/2009RAMSEY COUNTY PARKS AND R$278.62 SUSAN ZWIEG TOTA L$39,606.47 PacketPageNumber165of250 Check Register of Malewood Cityp 03/27/2009 CheckDateVendorDescriptionAmount 7803200001REFUND C SCHICKLING AMB 073856359.0003/23/2009ONE TIME VENDOR 7803300396TRANSFER TITLES OF FORFEITED 20.0003/27/2009DEPT OF PUBLIC SAFETY 7803402728PROJ 08-16 ENGINEERING FEES4,502.3503/31/2009KIMLEY-HORN & ASSOCIATES INC 7803501819LOCAL PHONE SERVICES 2/16 - 3/151,505.3203/31/2009PAETEC 7803600504MDSE FOR RESALE328.7503/31/20091ST LINE/LEEWES VENTURES LLC 7803700132COATS4,796.7503/31/2009ASPEN MILLS 7803803738RETAINER FOR LEGAL SERVICES - APRIL6,600.0003/31/2009BETHEL & ASSOCIATES, PA 7803900223RETIREMENT PLAQUE220.0003/31/2009BRODIN STUDIOS, INC. 7804000272REIMB FOR EXAMINER TEST 3/23180.0003/31/2009NICHOLAS CARVER 7804104155ANNUAL FEE FOR WEBSITE SRVS7,800.0003/31/2009CIVICPLUS 7804204137KARATE INSTRUCTION - FEB344.5003/31/2009THE EDGE MARTIAL ARTS 7804302396REIMB FOR TUITION & BOOKS 1/7 - 2/251,749.4503/31/2009SHANN FINWALL 7804404206PROSECUTION & LEAGL SRVS - APRIL16,500.0003/31/2009H.A. KANTRUD 7804502945INSTALL RADIO66.4303/31/2009HEALTHEAST VEHICLE SERVICES 7804603968TRAINING SEMINAR79.9003/31/2009HIGHWAY TECHNOLOGIES, INC 7804703759SOAP FOR VEHICLE PRESSURE WASHER319.4803/31/2009HOTSY EQUIPMENT OF MN 7804803502REPLACE MOTOR STARTER STATION #61,091.0003/31/2009KOEHNEN ELECTRIC INC 7804903581SECURITY OFFICER WEDDING MCC 3/14210.0003/31/2009BRETT KROLL 7805000827CLAIM DEDUCTIBLE #1106240120,734.5103/31/2009L M C I T 7805100942JANITORIAL SERVICES - FEB3,658.2803/31/2009MARSDEN BLDG MAINTENANCE CO 03/31/2009MARSDEN BLDG MAINTENANCE CO00942CLEANING SERVICES - MARCH421.74 7805203818MONTHLY PREMIUM - APRIL145,486.6703/31/2009MEDICA 7805300985WASTEWATER - APRIL213,483.0803/31/2009METROPOLITAN COUNCIL 7805404193STORAGE FORFEITURE VEHICLES - 2,062.5003/31/2009MIDAMERICA AUCTIONS 7805504024REFUND MEDICAL ASSISTANCE AMB 516.7203/31/2009MN DEPT OF HUMAN SERVICES 7805601085MONTHLY PREMIUM - APRIL3,567.1003/31/2009MN LIFE INSURANCE 78057011032009A ISSUANCE COSTS4,675.0003/31/2009MOODY'S INVESTORS SERVICE 7805803903APPLICATION FEE - NOTARY40.0003/31/2009OFFICE OF SECRETARY OF STATE 7805900001K DAWOOD OAK WILT MN RELEAF 385.0003/31/2009ONE TIME VENDOR 7806000001REFUND S MOORE BCBS BENEFIT120.0003/31/2009ONE TIME VENDOR 7806100001REFUND K SMRDEL OVERPD FOR CLINIC20.0003/31/2009ONE TIME VENDOR 7806200001REFUND D HOM AMB 08319620.0003/31/2009ONE TIME VENDOR 7806301941YOUTH BASKETBALL AWARDS3,242.4703/31/2009PATRICK TROPHIES 7806404221MDSE FOR RESALE165.6003/31/2009RANDY'S MEATS & GOOD STUFF 7806501387ADMIN FEE FOR STRESS TEST - MARCH100.0003/31/2009DR. JAMES ROSSINI 7806601409PROJ 08-12 ENGINEERING FEES9,094.1703/31/2009S.E.H. 03/31/2009S.E.H.01409PROJ 05-18 ENGINEERING FEES5,306.28 03/31/2009S.E.H.01409PROJ 06-02 ENGINEERING FEES1,345.14 03/31/2009S.E.H.01409PROJ 08-09 ENGINEERING FEES583.89 03/31/2009S.E.H.01409PROJ 07-27 ENGINEERING FEES478.65 03/31/2009S.E.H.01409PROJ 07-01 ENGINEERING FEES330.24 03/31/2009S.E.H.01409PROJ 06-05 ENGINEERING FEES277.65 03/31/2009S.E.H.01409PROJ 06-05 ENGINEERING FEES177.99 7806703398MDSE FOR RESALE316.0003/31/2009SHAMROCK GROUP 78068014972009A ISSUANCE COSTS22,848.7903/31/2009SPRINGSTED INC 7806901836REGISTRATION FEE125.0003/31/2009CITY OF ST PAUL 7807000449PROJECT MGMT & TOP - LICENSE FEES375.0003/31/2009TYLER TECHNOLOGIES INC 7807102069PROJ 08-13 SEWER TELEVISING420.0003/31/2009ULTIMATE DRAIN SERVICES INC 7807200529LTD PLAN 4043120-2 - APRIL2,731.8803/31/2009UNION SECURITY INSURANCE CO 03/31/2009UNION SECURITY INSURANCE CO00529STD PLAN 4043120-1 - APRIL1,720.74 7807303334WINTER PATCH MATERIALS946.7903/31/2009UNIQUE PAVING MATERIALS CORP 7807402464FUNDS FOR ATM10,000.0003/31/2009US BANK 7807501730REPAIR OF SEWAGE PUMP STATION #65,002.8103/31/2009W.W. GOETSCH ASSOCIATES, INC. 7807603948BALLROOM INSTRUCTION - FEB/MARCH531.0003/31/2009AARON WULFF 507,983.62 45Checks in this report. PacketPageNumber166of250 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 03/20/0903/23/09MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,197.32 03/20/0903/23/09Great WestDeferred Compensation23,793.00 03/20/0903/23/09MN Dept of Natural ResourcesDNR electronic licenses647.50 03/20/0903/23/09ICMA (Vantagepointe)Deferred Compensation3,288.23 03/23/0903/24/09TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,359.28 03/23/0903/24/09MN State TreasurerDrivers License/Deputy Registrar(city clrk)5,323.25 03/23/0903/24/09PERAPERA81,919.43 03/23/0903/24/09MN State TreasurerState Payroll Tax18,990.91 03/23/0903/24/09US TreasurerFederal Payroll Tax (FICA)97,031.24 03/24/0903/25/09WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)18,197.70 03/24/0903/25/09Labor UnionsUnion Dues4,071.78 03/24/0903/25/09WI Dept of RevenueState Payroll Tax1,125.69 03/25/0903/26/09ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,088.96 03/26/0903/27/09FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)15,968.18 TOTAL317,002.47 *Detailed listing of VISA purchases is attached. PacketPageNumber167of250 Check Register y of Maplewood Cit 04/03/2009 CheckDateVendorDescriptionAmount 7807704259CONCERT AT MCC3,200.0004/02/2009BELLADIVA 7807800162TRAINING ON CRYSTAL REPORTS375.0004/07/2009GAYLE BAUMAN 7807900363SOFTWARE SUPPORT/MAINTENANCE1,400.0004/07/2009DLT SOLUTIONS, INC. 7808000687TREE REMOVAL958.5004/07/2009HUGO'S TREE CARE INC 7808102728PROJ 08-13 PROF SRVS THRU 2/28191,368.4904/07/2009KIMLEY-HORN & ASSOCIATES INC 04/07/2009KIMLEY-HORN & ASSOCIATES INC02728PROJ 07-25 PROF SRVS THRU 2/286,653.10 04/07/2009KIMLEY-HORN & ASSOCIATES INC02728PROJ 08-16 PROF SRVS THRU 02/282,936.20 04/07/2009KIMLEY-HORN & ASSOCIATES INC02728PROJ 06-17 PROF SRVS THRU 2/282,088.20 04/07/2009KIMLEY-HORN & ASSOCIATES INC02728PROJ 03-30 PROF SRVS THRU 2/28410.75 7808201190ELECTRIC UTILITY22,178.8304/07/2009XCEL ENERGY 04/07/2009XCEL ENERGY01190ELECTRIC & GAS UTILTIY10,457.41 04/07/2009XCEL ENERGY01190ELECTRIC UTILITY1,208.68 04/07/2009XCEL ENERGY01190ELECTRIC UTILITY51.96 04/07/2009XCEL ENERGY01190METERED SPEED SIGN11.33 7808304258MARCH 27 CONCERT SERIES AT MCC1,001.8704/07/2009318 CAFE 7808403744VOLLEYBALL OFFICIAL524.0004/07/2009ANTHONY BARILLA, JR 7808503513K-9 MAINTENANCE - APRIL35.0004/07/2009BRIAN BIERDEMAN 7808601869VOLLEYBALL OFFICIAL81.0004/07/2009DALE BOETTCHER 7808701865VOLLEYBALL ASSIGNMENT FEES441.0004/07/2009DON BOWMAN 7808802149REIMB FOR MILEAGE 1/26 - 3/2340.7004/07/2009HEIDI CAREY 04/07/2009HEIDI CAREY02149REIMB FOR MILEAGE 12/24 -1/64.54 7808902929MONTHLY PREMIUM - APRIL531.5004/07/2009CNAGLAC 7809000384RICOH MPC2500 3/21 LEASE265.1804/07/2009DE LAGE LANDEN FINANCIAL SRVS 7809101401SCHOOL'S OUT BUS FEES TO STARS & 240.0004/07/2009FIRST STUDENT INC 04/07/2009FIRST STUDENT INC01401SCHOOL'S OUT BUS FEES TO GRAND 240.00 7809203516K-9 MAINTENACE - APRIL35.0004/07/2009ANTHONY GABRIEL 7809303982VOLLEYBALL OFFICIAL378.0004/07/2009JOSIE GEIGER 7809401867VOLLEYBALL OFFICIAL354.0004/07/2009PERRY HANSON 7809503538VOLLEYBALL OFFICIAL1,062.0004/07/2009PATRICK JAMES HUBBARD 7809603021VOLLEYBALL OFFICIAL48.0004/07/2009JENNIFER KIMLINGER 7809704257TECHNICIAN FOR 3/27 CONCERT125.0004/07/2009SUSAN KUTA 7809804239SQUAD CAR CAMERA SYSTEM102,493.1004/07/2009L3 MOBILE-VISION, INC. 7809900891MEMBERSHIP DUES45.0004/07/2009M A M A 7810004060SETS OF TURN OUT GEAR15,769.6004/07/2009MES - MIDAM 7810103959REIMB, MILEAGE,CAFR 135.5904/07/2009ROBERT MITTET 7810201126PERA LIFE INSURANCE - APRIL424.0004/07/2009MN NCPERS LIFE INSURANCE 7810301160SIGNS2,844.5404/07/2009NEWMAN SIGNS 7810403358REFUND OVERPD MCC7.7004/07/2009NORTHEAST METRO SCH DIST 916 7810500001REIMB B WALTON IRRIGATION SYS 617.3304/07/2009ONE TIME VENDOR 7810600001REFUND C MEEHAN BANQUET ROOM80.0004/07/2009ONE TIME VENDOR 7810700001PARTIAL REFUND T LARUE B-DAY PROG21.3504/07/2009ONE TIME VENDOR 7810800001REFUND C RYKKEN HP BENEFIT20.0004/07/2009ONE TIME VENDOR 7810900001REFUND M EICHTEN HP BENEFIT20.0004/07/2009ONE TIME VENDOR 7811000001REFUND S YANG HP BENEFIT20.0004/07/2009ONE TIME VENDOR 7811100001REFUND M NAROW MEDICA BENEFIT20.0004/07/2009ONE TIME VENDOR 7811200001REFUND M ROTH MEDICA BENEFIT20.0004/07/2009ONE TIME VENDOR 7811301863VOLLEYBALL OFFICIAL550.0004/07/2009ROGER PACKER 7811402270PROJ 05-17 FINAL PMT3,356.1404/07/2009PALDA & SONS INC 7811503865VOLLEYBALL OFFICIAL153.0004/07/2009STEVE PEARSON 7811604235USHER FOR MARCH 27 CONCERT MCC30.0004/07/2009CAYLA PENN 7811701295SAFE DEPOSIT BOX 00424 RENT125.0004/07/2009PREMIER BANK 7811802976REIMB FOR ICC EXAM 3/26180.0004/07/2009MIKE RICE 7811901409PROJ 08-12 ENGINEERING FEES93.3704/07/2009S.E.H. 7812002663VOLLEYBALL OFFICIAL155.0004/07/2009CARL SAARION 04/07/2009SAM'S CLUB DIRECT 7812101418SUPPLIES833.41 PacketPageNumber168of250 01418MDSE FOR RESALE338.59 04/07/2009SAM'S CLUB DIRECT 04/07/200901418SAM'S CLUB DIRECTMDSE FOR RESALE292.32 04/07/200901418SAM'S CLUB DIRECTEDGERTON GYM SUPPLIES176.06 04/07/200901418SAM'S CLUB DIRECTEDGERTON GYM SUPPLIES121.96 04/07/200901418SAM'S CLUB DIRECTGYM SUPPLIES/KIDS CLUB/SCHOOLS 114.86 04/07/200901418SAM'S CLUB DIRECTB-DAY PROG SUPPLIES86.05 04/07/200901418SAM'S CLUB DIRECTCARVER GYM SUPPLIES69.41 04/07/200901418SAM'S CLUB DIRECTB-DAY PROG & KIDS CLUB SUPPLIES65.17 04/07/200901418SAM'S CLUB DIRECTB-DAY PROG SUPPLIES21.36 7812204/07/200904043SCHWAN FOOD COMDSE FOR RESALE40.56 7812304/07/200901463SISTER ROSALIND GEFREMCC MASSAGES - FEB1,516.00 7812404/07/200900198ST PAUL REGIONAL WATER SRVSWATER UTILITY1,347.37 7812504/07/200901836CITY OF ST PAULRECORD MGMT SOFTWARE FEES APRIL3,798.00 7812604/07/200901915NANCY STEFFENVOLLEYBALL OFFICIAL220.00 7812704/07/200901550SUMMIT INSPECTIONSELECTRICAL INSPECTIONS - MARCH1,896.80 7812804/07/200904228TOP TEMPORARYENR & PARKS MEETINGS MINUTES405.00 7812904/07/2009US BANK02464FUNDS FOR ATM6,000.00 7813004/07/2009MARK WEBER01872VOLLEYBALL OFFICIAL139.00 ,367.88 393 54Checks in this report. PacketPageNumber169of250 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 03/27/0903/30/09MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)13,519.93 03/27/0903/30/09MN Dept of Natural ResourcesDNR electronic licenses916.00 03/27/0903/30/09ARC AdministrationDCRP & Flex plan payments5,616.20 03/30/0903/31/09TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,406.50 03/30/0903/31/09MN State TreasurerDrivers License/Deputy Registrar(city clrk)5,376.75 03/31/0904/01/09WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)23,823.19 04/01/0904/02/09ThuMN State TreasurerDrivers License/Deputy Registrar(city clrk)22,576.50 04/01/0904/02/09US Bank VISA One Card*Credit Card Billing Fee2,230.06 04/01/0904/02/09US Bank VISA One Card*Purchasing Card Items50,489.90 04/01/0904/02/09US BankDebt Service Payment359,431.26 04/01/0904/02/09US BankDebt Service Payment39,637.50 04/02/0904/03/09FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,578.95 04/02/0904/03/09MN Dept of RevenueMN Care Tax2,671.01 04/02/0904/03/09MN Dept of RevenueMN Care Tax2,419.60 TOTAL567,693.35 *Detailed listing of VISA purchases is attached. PacketPageNumber170of250 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 04/03/09HJELLE, ERIK416.42 04/03/09JUENEMANN, KATHLEEN416.42 04/03/09NEPHEW, JOHN416.42 04/03/09ROSSBACH, WILLIAM416.42 04/03/09AHL, R. CHARLES5,121.44 04/03/09ANTONEN, JAMES5,800.00 04/03/09BURLINGAME, SARAH1,413.00 04/03/09CHRISTENSON, SCOTT1,825.35 04/03/09FARR, LARRY2,542.04 04/03/09JAHN, DAVID1,788.37 04/03/09RAMEAUX, THERESE2,942.51 04/03/09FORMANEK, KAREN1,633.35 04/03/09MITTET, ROBERT3,572.04 04/03/09ANDERSON, CAROLE2,203.32 04/03/09DEBILZAN, JUDY1,089.61 04/03/09JACKSON, MARY2,042.95 04/03/09KELSEY, CONNIE2,494.26 04/03/09LAYMAN, COLLEEN2,742.27 04/03/09CAREY, HEIDI2,377.35 04/03/09GUILFOILE, KAREN3,950.01 04/03/09KROLL, LISA1,687.91 04/03/09NEPHEW, MICHELLE1,441.35 04/03/09SCHMIDT, DEBORAH2,281.66 04/03/09SPANGLER, EDNA996.33 04/03/09CORTESI, LUANNE969.49 04/03/09JAGOE, CAROL1,833.17 04/03/09KELLY, LISA1,198.55 04/03/09LARSON, MICHELLE1,195.32 04/03/09MECHELKE, SHERRIE1,025.14 04/03/09MOY, PAMELA1,118.64 04/03/09OSTER, ANDREA1,833.17 04/03/09WEAVER, KRISTINE2,118.97 04/03/09ARNOLD, AJLA1,280.00 04/03/09CORCORAN, THERESA1,828.55 04/03/09PALANK, MARY1,830.86 04/03/09POWELL, PHILIP2,818.15 04/03/09SVENDSEN, JOANNE2,022.59 04/03/09THOMALLA, DAVID4,839.74 04/03/09YOUNG, TAMELA1,828.55 04/03/09ABEL, CLINT2,918.94 04/03/09ALDRIDGE, MARK2,804.87 04/03/09BAKKE, LONN2,804.87 04/03/09BARTZ, PAUL3,337.91 04/03/09BELDE, STANLEY2,830.52 PacketPageNumber171of250 04/03/09BENJAMIN, MARKESE2,224.81 04/03/09BIERDEMAN, BRIAN3,136.32 04/03/09BOHL, JOHN3,007.62 04/03/09BUSACK, DANIEL3,161.53 04/03/09COFFEY, KEVIN2,705.82 04/03/09CROTTY, KERRY3,195.49 04/03/09DEMULLING, JOSEPH2,093.98 04/03/09DOBLAR, RICHARD3,281.56 04/03/09FRITZE, DEREK2,203.78 04/03/09GABRIEL, ANTHONY3,087.12 04/03/09HAWKINSON JR, TIMOTHY2,146.83 04/03/09HER, PHENG1,840.88 04/03/09HIEBERT, STEVEN2,804.87 04/03/09JOHNSON, KEVIN4,800.04 04/03/09KALKA, THOMAS821.48 04/03/09KARIS, FLINT3,605.54 04/03/09KONG, TOMMY2,749.10 04/03/09KREKELER, NICHOLAS713.08 04/03/09KROLL, BRETT2,693.52 04/03/09KVAM, DAVID3,980.20 04/03/09LANGNER, TODD2,600.16 04/03/09LARSON, DANIEL2,987.79 04/03/09LU, JOHNNIE2,832.84 04/03/09MARINO, JASON2,927.22 04/03/09MARTIN, JERROLD2,900.96 04/03/09MCCARTY, GLEN2,949.03 04/03/09METRY, ALESIA2,693.52 04/03/09NYE, MICHAEL2,804.22 04/03/09OLSON, JULIE2,977.27 04/03/09PALMA, STEVEN3,058.24 04/03/09RABBETT, KEVIN3,845.60 04/03/09RHUDE, MATTHEW2,790.00 04/03/09SHORTREED, MICHAEL3,881.66 04/03/09STEFFEN, SCOTT4,029.50 04/03/09STEINER, JOSEPH2,754.41 04/03/09SYPNIEWSKI, WILLIAM2,681.98 04/03/09SZCZEPANSKI, THOMAS2,855.76 04/03/09TAUZELL, BRIAN1,840.88 04/03/09TRAN, JOSEPH2,964.12 04/03/09WENZEL, JAY2,874.73 04/03/09XIONG, KAO2,670.44 04/03/09BERGERON, JOSEPH3,596.49 04/03/09DUGAS, MICHAEL3,611.64 04/03/09ERICKSON, VIRGINIA3,007.62 04/03/09FLOR, TIMOTHY3,314.72 04/03/09FRASER, JOHN3,394.48 04/03/09LANGNER, SCOTT2,896.00 04/03/09THEISEN, PAUL2,978.45 04/03/09THIENES, PAUL2,956.73 04/03/09BAUMAN, ANDREW2,280.74 04/03/09DAWSON, RICHARD3,151.83 04/03/09DOLLERSCHELL, ROBERT293.39 04/03/09EVERSON, PAUL2,802.55 04/03/09FOSSUM, ANDREW2,286.13 PacketPageNumber172of250 04/03/09JUNGMANN, BERNARD3,172.69 04/03/09NOVAK, JEROME2,942.20 04/03/09OLSON, JAMES2,383.08 04/03/09PERBIX, CHARLES2,394.62 04/03/09PETERSON, ROBERT2,724.82 04/03/09RICHARDSON, ANDREA2,280.74 04/03/09SEDLACEK, JEFFREY2,600.35 04/03/09STREFF, MICHAEL2,394.62 04/03/09SVENDSEN, RONALD2,891.42 04/03/09GERVAIS-JR, CLARENCE3,440.23 04/03/09LUKIN, STEVEN4,387.97 04/03/09ZWIEG, SUSAN2,170.15 04/03/09KNUTSON, LOIS1,848.57 04/03/09NIVEN, AMY1,404.84 04/03/09PRIEFER, WILLIAM2,633.26 04/03/09BRINK, TROY2,069.55 04/03/09BUCKLEY, BRENT1,788.55 04/03/09DEBILZAN, THOMAS2,064.55 04/03/09EDGE, DOUGLAS2,088.55 04/03/09HAMRE, MILES412.50 04/03/09JONES, DONALD2,064.55 04/03/09MEISSNER, BRENT1,634.15 04/03/09MEYER, GERALD2,187.39 04/03/09NAGEL, BRYAN3,105.66 04/03/09OSWALD, ERICK2,271.57 04/03/09RUNNING, ROBERT2,180.55 04/03/09TEVLIN, TODD2,133.55 04/03/09BURLINGAME, NATHAN1,761.35 04/03/09DUCHARME, JOHN1,599.82 04/03/09ENGSTROM, ANDREW2,687.97 04/03/09GAYNOR, VIRGINIA2,827.97 04/03/09JACOBSON, SCOTT2,277.37 04/03/09JAROSCH, JONATHAN2,806.74 04/03/09KREGER, JASON2,682.81 04/03/09KUMMER, STEVEN2,890.95 04/03/09LINDBLOM, RANDAL3,315.09 04/03/09LOVE, STEVEN3,012.70 04/03/09O'CONNOR, DONOVAN936.00 04/03/09THOMPSON, MICHAEL3,314.97 04/03/09ZIEMAN, SCOTT178.20 04/03/09EDSON, DAVID2,107.76 04/03/09HINNENKAMP, GARY2,076.58 04/03/09MARUSKA, MARK3,090.00 04/03/09NAUGHTON, JOHN2,064.55 04/03/09NORDQUIST, RICHARD2,066.86 04/03/09NOVAK, MICHAEL676.90 04/03/09SCHINDELDECKER, JAMES2,069.17 04/03/09BIESANZ, OAKLEY1,631.21 04/03/09DEAVER, CHARLES56.28 04/03/09GERNES, CAROLE411.75 04/03/09HAYMAN, JANET1,121.85 04/03/09HUTCHINSON, ANN2,546.16 04/03/09SOUTTER, CHRISTINE49.56 PacketPageNumber173of250 04/03/09WACHAL, KAREN720.08 04/03/09FINWALL, SHANN2,989.35 04/03/09FRY, PATRICIA1,898.06 04/03/09HALL, KATHLEEN72.00 04/03/09KONEWKO, DUWAYNE4,362.50 04/03/09SINDT, ANDREA1,977.35 04/03/09THOMPSON, DEBRA731.42 04/03/09EKSTRAND, THOMAS3,707.78 04/03/09MARTIN, MICHAEL2,344.55 04/03/09BRASH, JASON2,111.77 04/03/09CARVER, NICHOLAS3,118.02 04/03/09FISHER, DAVID3,687.08 04/03/09RICE, MICHAEL2,486.15 04/03/09SWAN, DAVID2,559.75 04/03/09WELLENS, MOLLY1,492.31 04/03/09BERGER, STEPHANIE288.00 04/03/09BJORK, BRANDON332.75 04/03/09JANASZAK, MEGHAN1,121.25 04/03/09KOHLMAN, JENNIFER211.50 04/03/09ROBBINS, AUDRA2,513.20 04/03/09ROBBINS, CAMDEN49.00 04/03/09SCHALLER, SCOTT94.50 04/03/09SHERRILL, CAITLIN529.01 04/03/09STAPLES, PAULINE3,309.18 04/03/09TAUBMAN, DOUGLAS3,208.67 04/03/09TAYLOR, JAMES2,067.42 04/03/09ADAMS, DAVID1,550.95 04/03/09GERMAIN, DAVID2,073.79 04/03/09HAAG, MARK2,064.55 04/03/09NADEAU, EDWARD3,485.52 04/03/09SCHULTZ, SCOTT2,519.25 04/03/09ANZALDI, MANDY1,735.52 04/03/09BERGLUND, DANIEL371.50 04/03/09BRENEMAN, NEIL1,793.02 04/03/09CRAWFORD - JR, RAYMOND930.75 04/03/09DICKS, JOHN450.00 04/03/09EVANS, CHRISTINE1,173.84 04/03/09FABIO-SHANLEY, MICHAEL66.80 04/03/09GADOW, ANNA31.40 04/03/09GLASS, JEAN2,041.87 04/03/09HANSEN, LORI2,692.83 04/03/09HER, CHONG582.50 04/03/09HER, PETER347.80 04/03/09HIX, MELINDA184.25 04/03/09HOFMEISTER, MARY919.11 04/03/09HOFMEISTER, TIMOTHY352.00 04/03/09NAGEL, BROOKE168.00 04/03/09PELOQUIN, PENNYE610.26 04/03/09PENN, CHRISTINE2,530.00 04/03/09SCHOENECKER, LEIGH482.50 04/03/09VANG, KAY144.00 04/03/09VANG, TIM60.00 04/03/09AICHELE, MEGAN21.00 04/03/09ANDERSON, JOSHUA54.60 PacketPageNumber174of250 04/03/09ANDERSON, JUSTIN109.20 04/03/09BAUDE, SARAH106.50 04/03/09BEITLER, JULIE102.00 04/03/09BENJAMIN, AYLA62.10 04/03/09BIGGS, ANNETTE31.25 04/03/09BRUSOE, AMY191.95 04/03/09BRUSOE, CRISTINA273.55 04/03/09CAMPBELL, JESSICA144.00 04/03/09CLARK, PAMELA162.00 04/03/09DEMPSEY, BETH196.00 04/03/09DUNN, RYAN1,126.34 04/03/09ERICKSON-CLARK, CAROL71.25 04/03/09FLACKEY, MAUREEN21.00 04/03/09GIEL, NICOLE161.00 04/03/09GRUENHAGEN, LINDA150.90 04/03/09HOLMBERG, LADONNA611.00 04/03/09HORWATH, RONALD2,513.20 04/03/09JOHNSON, JAMES110.63 04/03/09JOSSART, ANGELA68.00 04/03/09JOYER, JENNA56.55 04/03/09KOGLER, RYAN105.00 04/03/09KRONHOLM, KATHRYN711.42 04/03/09KURZHAL, ALISON18.50 04/03/09LAMEYER, ZACHARY287.55 04/03/09MANZELLA, TERESA34.00 04/03/09MCCANN, NATALIE108.00 04/03/09MCCARTHY, ERICA29.00 04/03/09METCALF, JOLENE12.50 04/03/09NADEAU, KELLY110.00 04/03/09OBRIEN, JULIE60.00 04/03/09OLSON, SANDRA210.00 04/03/09PEHOSKI, JOEL87.50 04/03/09PROESCH, ANDY573.02 04/03/09RENFORD, NATHAN280.00 04/03/09RHODY, DIANE433.00 04/03/09RICHTER, DANIEL106.50 04/03/09RICHTER, NANCY1,304.96 04/03/09RONNING, ISAIAH281.75 04/03/09SCHAEFER, NATALIE33.25 04/03/09SCHREIER, ROSEMARIE195.25 04/03/09SCHUNEMAN, GREGORY106.78 04/03/09SJERVEN, BRENDA85.00 04/03/09SKAAR, SAMANTHA22.50 04/03/09SKUNES, KELLY17.50 04/03/09SMITH, ANN296.40 04/03/09STAHNKE, AMY168.00 04/03/09TUPY, ELIANA68.00 04/03/09TUPY, HEIDE266.40 04/03/09TUPY, MARCUS391.85 04/03/09WARNER, CAROLYN336.70 04/03/09WOLFGRAM, MARY197.80 04/03/09WOLFGRAM, TERESA182.83 04/03/09WOODMAN, ALICE161.00 PacketPageNumber175of250 04/03/09YOUNCE, BLAISE140.00 04/03/09ZALK, IDA53.25 04/03/09BOSLEY, CAROL110.70 04/03/09HOLMGREN, STEPHANIE233.75 04/03/09LANGER, CHELSEA29.75 04/03/09LANGER, KAYLYN29.75 04/03/09SATTLER, MELINDA114.00 04/03/09ZAGER, LINNEA204.13 04/03/09BEHAN, JAMES2,031.59 04/03/09CURRAN, JAMES333.00 04/03/09DOUGLASS, TOM1,275.96 04/03/09LONETTI, JAMES456.00 04/03/09MALONEY, SHAWNA56.00 04/03/09PRINS, KELLY1,309.14 04/03/09REILLY, MICHAEL1,861.35 04/03/09SCHOENECKER, KYLE188.50 04/03/09VALERIO, TARA290.00 04/03/09AICHELE, CRAIG2,116.55 04/03/09PRIEM, STEVEN2,322.15 04/03/09WOEHRLE, MATTHEW2,457.55 04/03/09BERGO, CHAD2,574.18 04/03/09FOWLDS, MYCHAL3,285.88 04/03/09FRANZEN, NICHOLAS2,145.70 100702704/03/09LONGRIE, DIANA473.15 100702804/03/09WELCHLIN, CABOT2,855.76 100702904/03/09BEHM, LOIS86.25 100703004/03/09GRAVES, CONNIE158.00 100703104/03/09LINDA, KELLIE74.25 100703204/03/09NAGEL, BRANDON244.00 100703304/03/09VUE, LOR PAO132.00 100703404/03/09FENGER, JUSTIN100.65 100703504/03/09GRANT, MELISSA425.50 100703604/03/09HANSON, MATTHEW159.50 100703704/03/09LAMSON, KEVIN64.75 100703804/03/09MCCORMACK, MELISSA112.00 100703904/03/09MCLAURIN, CHRISTOPHER412.10 100704004/03/09MORIS, RACHEL63.38 100704104/03/09NWANOKWALE, MORDY57.90 100704204/03/09OLSON, SHELBY18.00 100704304/03/09PIEPER, THEODORE187.50 100704404/03/09ROSTRON, ROBERT366.00 100704504/03/09SCHAEFER, JAMES237.83 100704604/03/09SCHMIDT, EMILY103.28 100704704/03/09SCHMIDT, JOHN157.98 100704804/03/09WALKER, TYLER17.50 100704904/03/09WEEVER, NAOMI35.00 100705004/03/09HER, KIM13.10 100705104/03/09HER, SHILLAME166.75 100705204/03/09BOWMAN, MATTHEW180.40 100705304/03/09SCHULZE, KEVIN420.60 100705404/03/09STEFFEN, MICHAEL59.50 TOTAL 482,696.87 PacketPageNumber176of250 Trans DatePosting DateMerchant NameTrans AmountName 03/17/200903/19/2009MICHAELS #2744$35.88 MANDY ANZALDI 03/19/200903/23/2009JOANN ETC #1970$67.42 MANDY ANZALDI 03/24/200903/25/2009WAL-MART$56.15 MANDY ANZALDI 03/24/200903/26/2009JOANN ETC #1970$116.03 MANDY ANZALDI 03/24/200903/26/2009PAPERMART$21.92 MANDY ANZALDI 03/13/200903/16/2009CYBEX - 01$27.70 JIM BEHAN 03/17/200903/19/2009AQUA LOGIC INC$884.16 JIM BEHAN 03/18/200903/20/2009STATE SUPPLY COMPANY$355.41 JIM BEHAN 03/18/200903/23/2009BLOOMINGTON SECURIT$82.73 JIM BEHAN 03/19/200903/20/2009HENRIKSEN ACE HARDWARE$50.11 JIM BEHAN 03/20/200903/23/2009MUSKA LIGHTING CENTER$112.09 JIM BEHAN 03/24/200903/26/2009CONCEPT 2 CTS INC$75.60 JIM BEHAN 03/24/200903/26/2009THERMO DYNE INC$1,394.19 JIM BEHAN 03/19/200903/20/2009ZIPZOOMFLY.COM$35.53 CHAD BERGO 03/25/200903/26/2009GOOGLE *TIGERDIRECT$55.87 CHAD BERGO 03/13/200903/16/2009PETSMART INC 461$18.32 OAKLEY BIESANZ 03/17/200903/18/2009TARGET 00000687$7.96 OAKLEY BIESANZ 03/20/200903/23/2009TWIN CITIES REPTILES$91.16 OAKLEY BIESANZ 03/25/200903/26/2009PETLAND$26.68 OAKLEY BIESANZ 03/24/200903/25/2009MENARDS 3022$32.01 RON BOURQUIN 03/16/200903/17/2009SPRINT AQUATICS$301.01 NEIL BRENEMAN 03/17/200903/18/2009CUB FOODS, INC.$3.98 NEIL BRENEMAN 03/17/200903/18/2009J.ROPE/COUNTERS$103.30 NEIL BRENEMAN 03/20/200903/23/2009BATTERY WAREHOUSE DIRE$70.55 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03/25/200903/26/2009BEST BUY MHT 00000109$80.04 MYCHAL FOWLDS 03/16/200903/17/2009INSIGHT*PUBLICSECTOR$271.42 NICK FRANZEN 03/18/200903/19/2009SERVERSUPPLY.COM INC$75.00 NICK FRANZEN 03/19/200903/20/2009HP DIRECT-PUBLICSECTOR$18.15 NICK FRANZEN 03/23/200903/24/2009CDW GOVERNMENT$1,983.89 NICK FRANZEN 03/23/200903/24/2009GENERAL NANOSYSTEMS INC$90.72 NICK FRANZEN 03/25/200903/26/2009HP DIRECT-PUBLICSECTOR$1,240.61 NICK FRANZEN 03/26/200903/27/2009CDW GOVERNMENT$134.40 NICK FRANZEN 03/26/200903/27/2009HP DIRECT-PUBLICSECTOR$931.26 NICK FRANZEN 03/13/200903/16/2009THE HOME DEPOT 2801$49.54 CLARENCE GERVAIS 03/16/200903/17/2009WWW.EMERGENCYSTUFF.COM$61.10 CLARENCE GERVAIS 03/17/200903/18/2009DAVIS LOCK & SAFE$5.33 CLARENCE GERVAIS 03/17/200903/18/2009BATTERIES PLUS #31$35.22 CLARENCE GERVAIS 03/18/200903/19/2009MENARDS 3059$25.60 CLARENCE GERVAIS 03/26/200903/27/2009ALERT ALL CORP$218.88 CLARENCE GERVAIS 03/19/200903/23/2009OFFICE DEPOT #1090$84.28 JEAN GLASS 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SYSTEMS$120.05 BERNARD R JUNGMANN 03/26/200903/27/2009USPS 2663650015$6.41 BERNARD R JUNGMANN 03/18/200903/19/2009THE UPS STORE #2171$14.76 TOM KALKA PacketPageNumber178of250 03/18/200903/20/2009SEARS ROEBUCK 1122$26.68 TOM KALKA 03/24/200903/25/2009FEDEX KINKO'S #0617$19.15 TOM KALKA 03/11/200903/16/2009GRAND CASINO HOTEL & RV$110.38 DUWAYNE KONEWKO 03/16/200903/17/2009THE UPS STORE #2171$15.22 NICHOLAS KREKELER 03/17/200903/18/2009MENARDS 3059$3.39 NICHOLAS KREKELER 03/12/200903/16/2009TAKE A NUMBER, INC$367.95 LISA KROLL 03/13/200903/16/2009ADVANCED GRAPHIC SYSTEMS$202.35 LISA KROLL 03/13/200903/16/2009ADVANCED GRAPHIC SYSTEMS$273.71 LISA KROLL 03/13/200903/16/2009OFFICE MAX$176.87 LISA KROLL 03/18/200903/19/2009LILLIE SUBURBAN NEWSPAPE$432.63 LISA KROLL 03/18/200903/19/2009LILLIE SUBURBAN NEWSPAPE$126.50 LISA KROLL 03/20/200903/23/2009RAINBOW FOODS 00088617$29.93 LISA KROLL 03/23/200903/24/2009POTBELLY 087$70.71 LISA KROLL 03/24/200903/26/2009OFFICE DEPOT #1090$37.91 LISA KROLL 03/24/200903/26/2009OFFICE DEPOT #1105$38.42 LISA KROLL 03/25/200903/26/2009ARVEY PAPER & OFFICE PRO$1,639.09 LISA KROLL 03/26/200903/27/2009PARABEN CORPORATION$193.06 DAVID KVAM 03/12/200903/16/2009ASPEN MILLS INC.$368.00 STEVE LUKIN 03/19/200903/23/2009CLASSIC COLLISION CENT$150.00 STEVE LUKIN 03/23/200903/24/2009EMERGENCY APPARATUS MAINT$1,372.72 STEVE LUKIN 03/23/200903/24/2009EMERGENCY APPARATUS MAINT$1,546.23 STEVE LUKIN 03/23/200903/24/2009EMERGENCY APPARATUS MAINT$1,372.72 STEVE LUKIN 03/21/200903/23/2009QWESTCOMM*TN651$57.88 ROBERT MITTET 03/16/200903/18/2009THE HOME DEPOT 2801$21.29 ED NADEAU 03/17/200903/18/2009CINTAS FIRST AID #431$106.69 BRYAN NAGEL 03/19/200903/23/2009OFFICE DEPOT #1090$264.24 AMY NIVEN 03/24/200903/26/2009OFFICE DEPOT #1090$37.52 AMY NIVEN 03/19/200903/23/2009THE HOME DEPOT 2801$17.98 RICHARD NORDQUIST 03/24/200903/26/2009MILLS FLEET FARM #27$32.06 RICHARD NORDQUIST 03/19/200903/23/2009BOY SCOUTS OF AMERICA$50.00 JULIE OLSON 03/18/200903/20/2009OFFICE DEPOT #1090$30.49 MARY KAY PALANK 03/20/200903/23/2009OFFICE DEPOT #1090$41.25 MARY KAY PALANK 03/25/200903/27/2009OFFICE DEPOT #1090$19.74 MARY KAY PALANK 03/15/200903/16/2009RAINBOW FOODS 00088526$9.00 CHRISTINE PENN 03/17/200903/18/2009ISTOCK *INTERNATIONAL$38.00 CHRISTINE PENN 03/23/200903/24/2009ST PAUL STAMP WORKS INC$18.66 CHRISTINE PENN 03/26/200903/27/2009TNG ENTERPRISES, INC.$34.35 CHRISTINE PENN 03/21/200903/23/2009HENRIKSEN ACE HARDWARE$4.58 ROBERT PETERSON 03/17/200903/18/2009APPLIANCE SMART$170.78 PHILIP F POWELL 03/23/200903/25/2009EVIDENT$113.00 PHILIP F POWELL 03/23/200903/27/2009SIRCHIE FINGER PRINT LABO$70.60 PHILIP F POWELL 03/25/200903/25/2009ULINE *SHIP SUPPLIES$178.41 PHILIP F POWELL 03/25/200903/27/2009ROTECK COM LABELS$51.00 PHILIP F POWELL 03/17/200903/18/2009CINTAS FIRST AID #431$109.78 WILLIAM J PRIEFER 03/12/200903/16/2009KATH FUEL OFFICE$121.41 STEVEN PRIEM 03/13/200903/16/2009KATH AUTO PARTS NSP($78.40)STEVEN PRIEM 03/13/200903/16/2009KATH AUTO PARTS 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Agreement between the City of Maplewood and City of Mahtomedi for Lifeguard Services INTRODUCTION The Maplewood Community Center Aquatics Division provides seasonal lifeguard services for the Mahtomedi Beach in the City of Mahtomedi. The Maplewood Community Center employs approximately 80 lifeguards during the summer to manage two beach operations in conjunction with the MCC indoor pool. The outdoor beach operations provide a source of revenue for the Community Center and employment opportunities for college students on staff that enjoy the flexibility of working both indoors and outside over their summer break. The attached contract outlines the formal agreement between the City of Maplewood and the City of Mahtomedi for beach operations from May 23, 2009 to September 7, 2009. The Agreement has been reviewed and approved for format and content by City Attorney Kantrud. RECOMMENDATION Staff recommends that the City Council approve the attached agreement between the City of Maplewood and the City of Mahtomedi for lifeguard services. PacketPageNumber181of250 PacketPageNumber182of250 PacketPageNumber183of250 PacketPageNumber184of250 PacketPageNumber185of250 PacketPageNumber186of250 PacketPageNumber187of250 PacketPageNumber188of250 Item M 3 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: April 7, 2009 SUBJECT: Joint Powers Agreement between the City of Maplewood and City of White Bear Lake for Lifeguard Services INTRODUCTION The Maplewood Community Center Aquatics Division provides seasonal lifeguard services for the Bellaire Beach located in the City of White Bear Lake. The Maplewood Community Center employs approximately 80 lifeguards during the summer to manage two beach operations in conjunction with the MCC indoor pool. The outdoor beach operations provide a source of revenue for the Community Center and employment opportunities for college students on staff that enjoy the flexibility of working both indoors and outside over their summer break. The attached contract outlines the formal agreement between the City of Maplewood and the City of White Bear Lake for beach operations from May 23, 2009 to September 7, 2009. The Agreement has been reviewed and approved for format and content by City Attorney Kantrud. RECOMMENDATION Staff recommends that the City Council approve the attached agreement between the City of Maplewood and the City of White Bear Lake for lifeguard services. PacketPageNumber189of250 PacketPageNumber190of250 PacketPageNumber191of250 PacketPageNumber192of250 PacketPageNumber193of250 PacketPageNumber194of250 PacketPageNumber195of250 Agenda Item M4 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Conditional Use Permit Review SUBJECT: Mapletree Group Home PROJECT: LOCATION: 2831 Southlawn Drive DATE: April 7, 2009 INTRODUCTION The conditional use permit (CUP) for a group home located at 2831 Southlawn Drive is due for review. Mr. Jon Brandt, representing the Mapletree Group Home, opened a group home for up to 12 residents in an existing duplex. (See attached map) State law allows Mapletree (and all group homes) to have up to six residents living in the group home without city approval. To continue having more than six residents in the home, the city needs to review the CUP originally approved on December 13, 2004. BACKGROUND On December 13, 2004, the city council approved a conditional use permit for the Mapletree Group Home at 2831 Southlawn Drive. This CUP was subject to five conditions of approval. (See the attached city council minutes) On May 25, 2005, city staff and the city council held a neighborhood meeting to share information about the group home, including a review of its operations. On November 30, 2005, city staff and the city council held a second neighborhood meeting about the group home. This meeting was to review the operations of the group home, to review the conditional use permit and to discuss any police calls, concerns or other activities related to the group home. On January 23, 2006, the city council reviewed the conditional use permit for this property. The council, after review and discussion, took no action to change the existing permit. On April 24, 2006, the city council reviewed the conditional use permit for this property. The city council decided to let the CUP stand ?as is? with the current language and conditions of approval. On June 25, 2007, the city council reviewed the conditional use permit for this property. The council, after review and discussion, took no action to change the existing permit. DISCUSSION Mr. Brandt and the group home are meeting all the conditions of approval as set by the city council in 2004. Staff is not aware of any major issues or problems with the group home or with its operations, and has not received any complaints from any of the neighbors about the facility since the last review. PacketPageNumber196of250 In order for Mr. Brandt to operate the group home, it must be licensed by the State of Minnesota?s Department of Human Services (DHS). Staff confirmed with the DHS that Mr. Brandt?s license is active and that there are no issues related to operating the group home. The DHS conducts site visits every two years to ensure that the facilities are meeting the state?s requirements as well as fire, building and health codes. Compliance is necessary in order to maintain the license. The DHS conducted its last site visit in October of 2007 and will be conducting its next visit this fall. The DHS will contact Maplewood if there are any issues found upon its inspection. The City of Maplewood?s Environmental Health Officer, Molly Wellens, conducted a site visit of the home on April 7, 2009 and found it to be in compliance with local code standards. Ms. Wellens reviewed the lodging requirements for a group home and found the following: Spacing appears to be adequate There was no evidence of rodents or insects The group home was clean and free of debris Garbage was stored in garbage receptacles out of the public?s view The bathrooms had hot and cold running water, toilets that flushed The bathrooms had working lights and ventilation Each floor (there are two) has a shower Mr. Brandt submitted a letter to staff outlining the recent history of the facility. This letter gives an overview of activities at Mapletree. (See attached letter) Lt. Rabbett of the Maplewood Police Department reviewed the police calls to the property for the time period of June 1, 2007 ? December 31, 2008. He noted that the police department has 14 case numbers associated with Mapletree for that 18 month period. They include (police reports are attached): Administrative 4 [Confidential interagency juvenile information] Runaways 5 Medical 1 Warrant Arrest 1 [Out of County] False Alarms 2 Forgery 1 [Internal] Based on the history of the recent police calls to the facility, it is the opinion of city staff that the group home is meeting the purpose and intent of Condition Five as adopted by the city council in 2004. City staff is not aware of any reason to change or revise any of the conditions of approval for this permit. RECOMMENDATION Review the conditional use permit (CUP) for the Mapletree Group Home at 2831 Southlawn Drive again if the applicant proposes to make changes to their CUP, if a problem arises or immediately if there are two criminal offenses related to the facility or to its residents. PacketPageNumber197of250 REFERENCE SITE DESCRIPTION Site size: 13,068 square feet (0.30 acres) Existing Land Use: double dwelling SURROUNDING LAND USES North:Houses on Southlawn Drive East:Double dwellings across Southlawn Drive South: Houses on Southlawn Drive West: Mapletree townhouse site CRITERIA FOR CUP 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 in the minutes on pages seven and eight.) PLANNING Existing Land Use Plan designation: R-3(M) (medium-density residential) Existing Zoning: R-2 (single or double dwellings) P:sec3\mapletree\Maple Tree CUP Rev 04 09 Attachments: 1. Location map 2. Address map 3. 12-13-04 city council minutes 4. Letter from Jon Brandt of Mapletree, dated March 18, 2009 5.Mapletree Police Reports, June 1, 2007 ? December 31, 2008 PacketPageNumber198of250 Attachment 2 Attachment 1 SITE Hazelwood Park Location Map 2831 Southlawn Mapletree Group Home PacketPageNumber199of250 Attachment 2 Attachment 2 'LMPM W 97&ERO 3YXFEGO Hazelwood Park Address Map 7SYXLPE[R 1ETPIXVII+VSYT,SQI PacketPageNumber200of250 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 13, 2004 Council Chambers, City Hall Meeting No. 04-28 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Mayor Cardinal asked all residents to remember all those who are serving the country over the Holiday Season. C. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present K. NEW BUSINESS 4. Conditional Use Permit ? Maple Tree Group Home (2831 Southlawn Drive) a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. b.Commissioner Ahlness provided the Planning Commission report. c.John Brandt, the applicant provided further specifics. d. The following person was heard: Mick Manders, 2804 Southlawn Drive, Maplewood Councilmember Juenemann moved to extend the meeting until all agenda items were addressed. Seconded by Councilmember Rossbach Ayes-All Councilmember Rossbach moved to adopt the following resolution approving a CUP for the Mapletree Group Home to have up to 12 residents living in their residential facility at 2831 Southlawn Drive: City Council Meeting 12-13-04 1 PacketPageNumber201of250 CONDITIONAL USE PERMIT RESOLUTION 04-12-222 MAPLETREE GROUP HOME WHEREAS, Mr. Jon Brandt, representing the Mapletree Group Home, is requesting that Maplewood approve a conditional use permit to have up to 12 residents live in the residential facility (group home) on the property at 2831 Southlawn Drive. WHEREAS, this permit applies to the property at 2831 Southlawn Drive. The legal description is: The south 96 feet of the north 636 feet of the east 158 feet of the SE1/4 of Section 3, Township 29, Range 22, Ramsey County. (PIN 03-29-22-41-0015) WHEREAS, this history of this conditional use permit is as follows: 1.On November 15, 2004, 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 commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council deny this permit. 2.On December 13, 2004, the city council discussed this request. The council gave everyone at the meeting a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approves this permit because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the city?s comprehensive plan and code of ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. City Council Meeting 12-13-04 2 7 PacketPageNumber202of250 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site?s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The owner or operator of the facility doing the following: a.Parking of vans or vehicles for this facility shall be on the driveway or in the garage. All employees shall not park on the street. There shall be no more than three visitor vehicles on the property. b.There shall be no more than 12 residents living in the facility at any time. c.Have the night awake staff in-place before adding any more residents or sooner, if required by other licensing agencies. d.Adding additional onsite electronic monitoring to the facility (including window alarms) before adding more residents. e.Having an annual open house for the neighbors of the facility. f.Make all the corrections/additions as required by the fire marshal. 2. The owners or operator shall not do any maintenance or repair of their vans or vehicles on the public street. 3.The operator shall get the necessary licenses or approvals from Ramsey County or from the State of Minnesota. 4.The owner or operator shall ensure that the house has the proper emergency exits and smoke detectors that meet current standards before adding any additional residents above the six allowed by law. 5.The city council shall review this permit in one year or immediately if there are two criminal offenses related to the facility or to its residents. Seconded by Councilmember Monahan-Junek Ayes-Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Mayor Cardinal and Councilmember Koppen City Council Meeting 12-13-04 3 8 PacketPageNumber203of250 Attachment 4 0DSOHWUHH 651 - 777-7722 2831 Southlawn Drive, Maplewood, MN 55109-1146 Fax: 651-748-1284 _______________________________________________________________________________________________________________________________________________________________________________________________________ Jon Brandt, MSW, LICSW www.mapletree.org jonbrandt@aol.com Director March 18, 2009 To: Community Development City of Maplewood, MN From: Jon Brandt, Director Mapletree It?s our understanding that Mapletree?s Conditional Use Permit (CUP) is scheduled to be reviewed this spring. The CUP has established a working relationship with the City of Maplewood that is mutually beneficial. It is our belief that Mapletree is in compliance with all conditions of the CUP, with an overall positive community impact. One measure of community impact chosen by the city council has been the amount of contact with law enforcement. Communication with law enforcement is essential for any organization that works with delinquent youth. Too little or too much contact could indicate problems. Mapletree continues to maintain a good working relationship and a responsible level of coordination and communication with the Maplewood Police Department. We have had a high level of cooperation with patrol officers that have occasionally responded to requests for service. In addition Lt. Kevin Rabbett and Sgt. Dick Dobler have worked closely with us as members of our Community Advisory Board. We also continue to coordinate with Juvenile Investigator Virginia Erickson, as necessary. Police contact with boys in our program is among the lowest for adolescent group homes in Minnesota. The Mapletree Community Advisory Board was designed to provide a vehicle for any concerns from the community and to provide a forum for communication. The CAB last met on February 12, 2009. With one member from the community, one from North High School, and two representatives from the Maplewood Police Department, there were no concerns raised. Since the last CUP review we are unaware of any complaints from the neighborhood or surrounding community. The City is aware that I am also a licensed general contractor and developer in Maplewood. Since the last Mapletree CUP review I have completed the development of nine upscale rental townhomes adjacent to the group home. The homes are all occupied, most by families with kids. All the families were informed about the group home (prior to lease) including information about the types of kids that live at Mapletree. Despite the group home being next door, no applicant has withdrawn, no complaints have been received about the operation of the group home or the boys. To the contrary, most families have applauded the efforts of the program and some have expressed that seeing lights on and awake staff on-duty at night provides an extra measure of security in the area. The City of Maplewood is one of many government agencies that have a relationship with Mapletree. Since we opened in 1991 we have operated with a license from the MN Department of Human Services. Licensing requirements have mandated inspections for compliance with fire, building, and health codes. We?ve had formal contracts with both Ramsey and Anoka Counties. County social service agencies and juvenile probation departments partnership with PacketPageNumber204of250 Attachment 4 Mapletree to ensure that placements, services, and progress are appropriate. Juvenile court judges sign-off on all court-ordered placements. Mapletree staff also work closely with many schools in the 916/622 school districts, frequently meeting with teachers, special education coordinators, guidance counselors, and th administrators. Now in our 18 year, Mapletree continues to operate in the public interest, with a high level of professional responsibility. We have reviewed various outcomes to try to measure the effectiveness of our program. Most attend school and receive a diploma while they are at Mapletree. Some have attended Century College. All participate in therapy and some attend AA/NA support groups. Most have improved their relationships with their families. Most have jobs nearby and save their paychecks for when they leave to independent living. Some of the guys have paid-off restitution and saved thousands of dollars toward a good start on their own. Most take responsibility for their mistakes and complete terms of probation. Most kids leave Mapletree successfully. But seldom does a day go by that we don?t get a phone there is one outcome that stands out: call or a visit from one or more of the 155 boys that use to live at Mapletree. For the first six years of the program we had a capacity of six boys. From 1997 until 2004 we had eight boys living at Mapletree. Beginning in 2005 we?ve had a capacity of twelve boys, and an average daily census of between eight and nine. Since July, 2007 Mapletree has been entrusted to serve a total of 26 young men from 14 different counties. Additional demographics and program data have been provided below. Statistical Review of 18 months (July 1, 2007 - December 31, 2008) Number of boys in placement (census) on July 1, 2007: 8 Number of referrals: 60 Number of different counties sending referrals : 20 Number of boys accepted: 18 Placement rate: 30% Total number of boys served: 26 Number of boys on juvenile probation: 20 Juvenile Courts, kids and families served from different counties: 14 Anoka, Carlton, Cottonwood, Crow Wing, Dakota, Hennepin, Kanabec, Olmstead, Pine, Ramsey, Rock, St. Croix (WI), Stearns, Washington. Number of boys discharged: 19 Census on December 31, 2008: 7 Licensed Capacity: 12 Highest Census: 12 Lowest Census: 6 Average 2008 Daily Census: 8.22 Current census (3/18/09): 9 Number of Staff (FT, PT, consulting): 12 Some staff have worked at Mapletree for eight or ten years. Many former staff are now county social workers, therapists, probation officers, guidance counselors and school teachers. Referrals continue to come from professionals that are familiar with our program including probation officers, social workers, county attorneys, judges, doctors, and therapists from across Minnesota. We have earned our professional reputation and after 17 years we feel we have also earned our place in the community. As always, we extend an invitation to city staff, council members, and neighbors to visit our program, talk with our staff, meet with our boys, and learn more about Mapletree. Our mission PacketPageNumber205of250 Attachment 4 at Mapletree is as important today as it was in 1991 when we began serving kids, families, and county agencies. We hope that the City of Maplewood continues to support our mission and recognize and the important relationship that was established with the CUP. PacketPageNumber206of250 %XXEGLQIRX PacketPageNumber207of250 PacketPageNumber208of250 PacketPageNumber209of250 PacketPageNumber210of250 PacketPageNumber211of250 PacketPageNumber212of250 PacketPageNumber213of250 PacketPageNumber214of250 PacketPageNumber215of250 PacketPageNumber216of250 PacketPageNumber217of250 PacketPageNumber218of250 PacketPageNumber219of250 Agenda Item M5 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Ginny Gaynor, Maplewood Natural Resources Coordinator Ann Hutchinson, Lead Naturalist SUBJECT: Invitation to Ribbon-Cutting Ceremony for Nature Center?s New Sustainable Landscape DATE: April 6, 2009 INTRODUCTION In 2008, City Council approved funding for landscape improvements for the Maplewood Nature Center. These improvements make the Nature Center one of the city?s primary demonstration sites for sustainable landscaping strategies. The hardscape was installed in Fall 2008 and the demonstration gardens will be planted by volunteers this spring. Nature Center staff invites council, commissions, and the community to celebrate the new landscape at a Ribbon-Cutting Ceremony on May 1, 2009, from 4:30-6:30 p.m., at the Maplewood Nature Center. Formal invitations will be sent to the City Council and Commission members. DISCUSSION Maplewood is committed to promoting the use of stormwater best management practices (BMP?s) and sustainable landscaping. The city has identified the Maplewood Nature Center and City Hall as key sites for demonstrating environmentally-friendly landscaping strategies. In 2008, Council approved funding for landscape improvements at the Nature Center and the hardscape was installed in Fall 2008. The gardens will be planted by volunteers in late May and June, 2009. The Nature Center?s sustainable landscape project has three main objectives: 1) use creative solutions to manage stormwater on the site, 2) demonstrate sustainable landscape design and practices, and 3) enhance visitors experience and use of the yard. Some of the new site features include: Rainwater from the visitor center roof is stored in large rain barrels and used to water three rain s garden. The stone rain canal carries water from rain barrels to the gardens. Pervious pavers allow rain and snow melt to percolate into the gravel beneath. Rainwater from the roof makes its way through the downspout, down a rain chain, and splashes over a rock into the rain planter. Native plants useful for their adaptability, wildlife value and aesthetic qualities will be planted in rain gardens, the picnic area, and a wildlife shelterbelt. A trail with footbridges leads past butterfly and rain gardens to the oak grove, birdwatching areas, and onward to the pond and woodland trails. A nature play area, still in development, will feature a naturalistic climbing structure for young children. A semi-circle of limestone blocks forms a small amphitheater that serves as an outdoor classroom. Staff invites the community to tour the new landscape features and celebrate the enhancements on May 1, 2009 at a Ribbon-Cutting Ceremony, from 4:30-6:30 p.m. at the Maplewood Nature Center. PacketPageNumber220of250 The event is open-house style and includes music, refreshments, door prizes, and tours of the landscape. The Ribbon-Cutting Ceremony will begin at 5:30 p.m. The new landscape was made possible with capital improvement funds and grant assistance from Ramsey-Washington Metro Watershed District. RECOMMENDATION Staff invites City Council and Commission members and the community to attend the Ribbon-Cutting Ceremony at the Maplewood Nature Center. No action is required. 2 PacketPageNumber221of250 Agenda Item M6 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT:Lakewood Drive/Maryland Avenue Traffic Signal, City Project 09-03, Approval of Signal Agreement with Ramsey County DATE: April 6, 2009 INTRODUCTION The council should consider approval of a traffic control signal maintenance agreement with Ramsey County. BACKGROUND / DISCUSSION A traffic signal will be installed at the Lakewood/Maryland intersection this year. Ramsey County is paying for the design and installation. The city had originally planned for expenditures but this is no longer required for the signal construction. The City of Maplewood needs to enter into a maintenance agreement with Ramsey County for the signal. The agreement is for the maintenance of the traffic control signal system which includes street lights, signs, and emergency vehicle pre-emption. The attached maintenance agreement defines the obligations of both the City and of the County similar to past practices. RECOMMENDATION It is recommended that the council approve the attached maintenance agreement with Ramsey County for the traffic control signals located at the intersection of Lakewood Drive and Maryland Avenue, and direct the mayor and city manager to sign the agreement signifying city council approval. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Attachments 1. Maintenance Agreement 2. Location Map PacketPageNumber222of250 Agenda Item M6 Attachment 1 PacketPageNumber223of250 Agenda Item M6 Attachment 1 PacketPageNumber224of250 Agenda Item M6 Attachment 1 PacketPageNumber225of250 Agenda Item M6 Attachment 1 PacketPageNumber226of250 Agenda Item M6 Lakewood Dr. & Maryland Ave. Intersection Attachment 2 DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (March 30, 2009), The Lawrence Group;March 30, 2009 for County parcel and property records data; March 2009 for commercial and PacketPageNumber227of250 Agenda Item M7 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Bryan Nagel, Street Superintendent SUBJECT: Approve Purchase of Bituminous Materials DATE: March 24, 2009 INTRODUCTION Each year the largest impact on the street department?s maintenance fund is from bituminous purchases. In past years the cost has ranged from $20,000.00 to $45,000.00. This is an annual necessity to maintain roads through patching, paving, and curb work. It is anticipated that the various bituminous purchases will approach $40,000.00 during the 2009 season. BUDGET IMPACT Funds were requested in 101-502 maintenance materials, and approved as part of the 2009 budget, to provide for these purchases. RECOMMENDATION It is recommended that the City Council authorize the Street Superintendent to purchase the bituminous materials as needed for the 2009 season up to $40,000.00. PacketPageNumber228of250 Agenda Item M8 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Bryan Nagel, Street Superintendent SUBJECT: Authorize 2009 Street Striping DATE: March 24, 2009 INTRODUCTION Each year the Ramsey County Public Works Department provides roadway pavement striping services to the various municipalities. The cost of this service exceeds $10,000.00 and will require council approval. BACKGROUND Pavement striping is important to vehicular and pedestrian traffic. Ramsey County has sent out the yearly notification for pavement striping services for the 2009 season. Each year when we receive the notification we evaluate the existing conditions and any upcoming projects or maintenance operations. Currently 50% of our striping is done each year. BUDGET IMPACT Funds were requested and are currently in the 101-502, fees for service, budget. RECOMMENDATION Staff recommends that the City Council authorize Ramsey County to perform City pavement striping needs during the 2009 season, at a cost not to exceed $25,000.00. PacketPageNumber229of250 Agenda Item M9 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Bryan P. Nagel, Street Superintendent SUBJECT: Approve Purchase of 2009- 2010 Winter Road Salt DATE: March 30, 2009 INTRODUCTION Each year the street maintenance division purchases de-icing salt under a state cooperative purchasing agreement. BACKGROUND In order to be included in this program, the state requires us to submit our estimated salt needs for the 2009-2010 season. The contract has the 80/120 rule which requires the purchaser to take 80% of the amount ordered, in return the vendor guarantees to supply up to 120%. Early orders are required to be included on the cooperative purchasing venture contract. Based on what was carried over from this season, we estimate our salt needs at 600 tons for the 2009-2010 season. For the 2008-2009 season 800 tons were ordered at $49.91 a ton. It is expected that for 2009-2010 season the cost could exceed $100.00 per ton. Approval is requested to purchase from the 80/120 rule an additional 20% at $49.91 and to enter into the 2009-2010 contract for the remainder of our needs. BUDGET IMPACT The funds for this purchase are budgeted in the snow and ice control program, 101-514. RECOMMENDATION It is recommended that the City Council authorize the purchase of de-icing salt under state contract; 140 tons at the 2008-2009 contract price of $49.91 and 460 tons at the 2009-2010 contract price, which will be determined at a later date as part of the state cooperative purchasing venture contract. PacketPageNumber230of250 Agenda Item M10 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Bill Priefer, Public Works Operations Analyst SUBJECT: Approve Extension of Traffic and Lighting Infrastructure Maintenance Agreement between Cities of Saint Paul and Maplewood DATE: March 24, 2009 INTRODUCTION During May 2005, the City of Maplewood entered into a Traffic and Lighting Infrastructure Maintenance Agreement with the City of Saint Paul to maintain the new street lights located within the Legacy Village Development. The agreement is dated May 11, 2005 and per Section 18, the agreement is effective for three years or until May 11, 2008. Although neither party officially extended the agreement before the expiration date, the Saint Paul Public Works Department continued to provide services; and they now wish to extend the agreement for an additional three years or until May 11, 2011. As per Section 18, the agreement may be extended for additional terms of three years by mutual agreement of the parties. BACKGROUND A new street lighting maintenance agreement to maintain the 1,046 street lights was necessary in 2005 since Xcel Energy was no longer willing to maintain new street lights that they did not own. Xcel Energy agreed, however, to continue maintaining 986 existing street lights in Maplewood. Xcel Energy owns 937 of the street lights, while 39 and 8 are on traffic signal poles owned by Ramsey County and Mn/DOT respectively, and 2 mid-block lights which are owned by Maplewood. It was then necessary for Public Works to find someone to maintain the other 60 street lights in the city. Since May 11, 2005, the Saint Paul Public Works Department has been providing excellent service with quick response times for the other 60 street lights in Maplewood. This has proven to be a beneficial arrangement since they have the expertise and the equipment to maintain all of our outdoor electrical needs from lighting to locates. Of the 60 street lights maintained by Saint Paul Public Works, 14 lights are on Hazelwood Street between Beam Avenue and County Road D, 17 lights are on Legacy Parkway, and 19 lights are on Kennard between Beam and County Road D. There are also 2 lights each at the Crestview, Overview, Woodlands, Woodhill and Toenjes developments. RECOMMENDATION It is recommended that council approve the extension of the Traffic and Lighting Infrastructure Maintenance Agreement between the Cities of Saint Paul and Maplewood to May 11, 2011. Attachment: 1. Traffic and Lighting Infrastructure Agreement between Cities of Saint Paul and Maplewood PacketPageNumber231of250 Agenda Item M10 Attachment 1 PacketPageNumber232of250 Agenda Item M10 Attachment 1 PacketPageNumber233of250 Agenda Item M10 Attachment 1 PacketPageNumber234of250 Agenda Item M10 Attachment 1 PacketPageNumber235of250 Agenda Item M10 Attachment 1 PacketPageNumber236of250 Agenda Item M10 Attachment 1 PacketPageNumber237of250 Agenda Item M11 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Bill Priefer, Public Works Operations Analyst SUBJECT: Approve 2009 Contribution to North East Suburban Transit DATE: March 30, 2009 INTRODUCTION The North East Suburban Transit Commission has requested that the City of Maplewood contribute $32,780 to support the 2009 NEST budget. A contribution request of $33,763 was initially approved by the Commission on August 5, 2008. Based upon the Commission?s request, we budgeted $33,770 for Transit Operations per the attached 2009 City of Maplewood budget. However, it was later decided by the Commission to request the 2008 contribution amount of $32,780 again in 2009. BACKGROUND North East Suburban Transit (NEST) provides ?Dial-a-ride? bus service to the residents of North St. Paul, Maplewood and Oakdale. The NEST mini buses will pick up and transport residents from their homes to anywhere in the cities of North Saint Paul, Maplewood and Oakdale as well as stops at Century College, the Northeast YMCA and K-Mart in White Bear Lake, and Hillcrest and Sun Ray Shopping centers in Saint Paul. Free transfers are also available to a mainline Metro Transit bus or a Lake Area bus for no extra charge. NEST is supported 56% by the Metropolitan Council who owns Metro Transit, 34% by contributions from the cities of North Saint Paul, Maplewood and Oakdale, and 10% from rider fares. The NEST Commission is requesting $69,125 from the three participating cities per their attached 2009 budget. The share each city contributes is based on population. Since Maplewood has 47.42% of the population of the three cities, Maplewood?s share is $32,780. RECOMMENDATION It is recommended that council approve the NEST Commission?s request for a contribution of $32,780 to support the NEST ?Dial-a-Ride? service to the residents of Maplewood. Attachment: 1. 2009 City of Maplewood Transit Operations Budget 2. 2009 NEST Budget PacketPageNumber238of250 Agenda Item M11 Attachment 1 PacketPageNumber239of250 Agenda Item M11 Attachment 1 PacketPageNumber240of250 Agenda Item M11 Attachment 2 PacketPageNumber241of250 Agenda Item M11 Attachment 2 PacketPageNumber242of250 Agenda Item M12 AGENDA REPORT TO: James Antonen, City Manager FROM: Steve Kummer, Civil Engineer II SUBJECT:Castle Avenue Improvements, City Project 08-12, Resolution Accepting Assessment Roll and Ordering Assessment Hearing DATE: April 3, 2009 INTRODUCTION At the March 23, 2009 city council meeting the council approved the final plans and specifications for the Castle Avenue Improvements (City Project 08-12). Council also authorized staff to advertise for bids on the project and to prepare the assessment roll. The assessment roll has been prepared and the next step in the improvement process is to order the assessment hearing. The council shall consider approving the attached resolution ordering the assessment hearing for the Castle Avenue Improvements, City Project 08-12. BACKGROUND There are 28 assessable parcels within the project area. None of the properties meet warrants for a future lot split. The amounts proposed to be assessed for the Castle Avenue Improvements are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city?s pavement management policy approved by the council. The method of assessment is the same as had been outlined in the feasibility study. The proposed assessment will be for costs relative to the street improvements to the benefiting properties abutting the project streets. The proposed assessments are as follows: Properties deemed as single family dwelling use will be assessed at $6,000 per unit for Full o Street Reconstruction (new concrete curb and gutter). Properties deemed as double- or multiple-dwelling use will be assessed at $120.00 per front o foot. Assessment rates for each of the townhome units within the Dearborn Meadows Association will be based on the front-footage of the association?s common property divided over the number of townhome units within the development. Properties deemed as a business commercial, retail or limited business commercial use will o be assessed at $120.00 per front foot abutting Castle Avenue. The total amount to be assessed is $237,120 which is less than the $251,000 proposed in the feasibility study. This is due to assessment adjustments in which the exact lineal front-footage on the multi- dwelling residential properties and commercial properties was ascertained. The assessment roll spreadsheet is provided with this report. Information detailing the methods of assessment calculation is available for viewing in the office of the City Engineer. PacketPageNumber243of250 Agenda Item M12 BUDGET The budget was set through council resolution at $1,361,200 at the public hearing. The reduction in revenue from the assessments should not affect the overall budget at this time. No changes to the budget are proposed but may be adjusted once bid pricing is known. RECOMMENDATION It is recommended that the council approve the attached resolution accepting the roll as attached and calling for an Assessment Hearing for May 11, 2009 at 7:00 pm for the Castle Avenue Improvements, City Project 08-12. Attachments: 1. Resolution Accepting Assessment Roll and Ordering Public Hearing 2. Location Map 3. Assessment Roll data PacketPageNumber244of250 Agenda Item M12 Attachment 1 RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Castle Avenue Improvements, City Project 08-12 and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: th 1. A hearing shall be held on the 11 day of May, 2009, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. PacketPageNumber245of250 Agenda Item M12 Attachment 2 PacketPageNumber246of250 Agenda Item M12 Attachment 3 CASTLE AVENUVE IMPROVEMENTSCITY PROJECT 08-12 ASSESSMENT ROLL STREETFRONTSTREETTOTAL PARCEL IDTAXPAYERSTREET NUMBERFOOTAGEASSESSMENTASSESSMENT $6,000.00$6,000.00 112922310020RICKY D REHBERG1922CASTLE AVE E 253.17 112922320008VOA CARE CENTERS MINNESOTA0CASTLE AVE E$30,380.40$30,380.40 115.60 112922320014DR ALBERT SCHWEITZER HOMES0CASTLE AVE E$13,872.00$13,872.00 376.57 112922320016VOA CARE CENTERS MINNESOTA1890SHERREN AVE E$45,188.40$45,188.40 83.85 112922330051MARGARET G ENGSTROM TRUSTEE2250WHITE BEAR AVE N$10,062.00$10,062.00 127.06 112922330005RICHARD F CRAVEN2251VAN DYKE ST N$15,247.20$15,247.20 150.00 112922310039VOA CARE CENTERS MINNESOTA1910SHERREN ST E$18,000.00$18,000.00 $6,000.00$6,000.00 112922310059NEBYELUL HAGOS1988CASTLE AVE E $6,000.00$6,000.00 112922310060TERRY D WARNER1998CASTLE AVE E $6,000.00$6,000.00 112922310061FEDERAL NATL MORTGAGE ASSN2008CASTLE AVE E $6,000.00$6,000.00 112922310062GARY SCHMIEG2018CASTLE AVE E $6,000.00$6,000.00 112922310038CHARLES E THEMMES1928CASTLE AVE E $6,000.00$6,000.00 112922310073JACK E SWENSON1930CASTLE AVE E 34.65 112922310094TERRYL A GORDON2294CASTLE PL N$4,158.00$4,158.00 34.65 112922310095RUSSELL R BLANKENFELD2292CASTLE PL N$4,158.00$4,158.00 34.65 112922310096GERALDINE M HACKL2283CASTLE PL N$4,158.00$4,158.00 34.65 112922310097KATHLEEN JOHNSON2281CASTLE PL N$4,158.00$4,158.00 34.65 112922310099ARENZ CONSTRUCTION INC0CASTLE AVE$4,158.00$4,158.00 34.65 112922310100ARENZ CONSTRUCTION INC0CASTLE AVE$4,158.00$4,158.00 34.65 112922310101BRIAN D SANDVIG1986CASTLE AVE E$4,158.00$4,158.00 34.65 112922310102MARK A PARIANA1982CASTLE CT$4,158.00$4,158.00 34.65 112922310103ROBERT J MINKE1984CASTLE CT$4,158.00$4,158.00 34.65 112922310104JAMES R GRIEMAN1976CASTLE CT E$4,158.00$4,158.00 34.65 112922310105MICHELLE A BEGIN TRUSTEE1978CASTLE CT$4,158.00$4,158.00 34.65 112922310106GREGORY H SWANSON1972CASTLE CT E$4,158.00$4,158.00 34.65 112922310107ARENZ CONSTRUCTION INC1974CASTLE CT E$4,158.00$4,158.00 34.65 112922310092DAVID C SANFT1946CASTLE AVE E$4,158.00$4,158.00 34.65 112922310093LLOYD J PEITZMAN1948CASTLE AVE E$4,158.00$4,158.00 TOTALS TOTAL =$237,120.00 PacketPageNumber247of250 Agenda Item M13 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Rice Street/TH 36 Interchange, Project 09-07, Project Update DATE: April 6, 2009 INTRODUCTION This report is to serve as an update to the council on the progress of the Rice Street/TH36 Interchange project. The cities of Little Canada, Maplewood, and Roseville, along with Ramsey County and Mn/DOT are working with a team on the preliminary project design. A series of neighborhood and open-house meetings have been held to select a preferred alternative for the interchange. BACKGROUND Trunk Highway (TH) 36 is an important statewide corridor designated as a principal arterial, high- priority interregional corridor. Rice Street (CSAH 49) is a minor arterial that serves as an important reliever to I-35E. The growth of the general area has resulted in additional traffic and development pressures in the communities along TH 36 and the various north/south roadways serving the trunk highway. This project (S.P. 6212-165) addresses issues at the intersection of TH 36 and Rice Street. It includes the reconstruction of the Highway 36 and Rice Street interchange, and also improvements to Rice Street between County Road B-2 on the north end, and County Road B on the south. The project resides mostly in the city of Roseville; however portions of the project also enter the cities of Maplewood and Little Canada. Currently the project is in the Preliminary Engineering and Environmental Assessment phase, which will conclude in March 2010. There is no funding currently assigned for construction of the project; therefore a construction date has not yet been identified. Ramsey County is currently pursuing funding. DISCUSSION The purpose of the proposed Rice Street/Highway 36 interchange improvements is to address existing and future safety and operational deficiencies. The need for the project is driven by: Anticipated increase in traffic volumes on Rice Street from 20,000 vehicles per day (existing) to 27,200 vehicles per day (2033) Rice Street bridge over Highway 36 no longer meets current geometric standards Rice Street bridge is in poor condition and eligible for federal bridge replacement funding. Closely spaced intersections do not comply with current Mn/DOT access management standards and cause traffic flow issues Pedestrian facilities are not continuous across TH 36 or Rice Street As traffic volumes increase, safety and traffic operations will continue to deteriorate if existing deficiencies are not addressed. PacketPageNumber248of250 Agenda Item M13 PREFERRED ALTERNATIVE SELECTED Based on detailed traffic analysis and public input, the Project Management Team has selected the attached Offset Single Point interchange () as the preferred alternative to be carried forward for further review in the environmental document. The reason for this decision is identified below. Provides the best long term traffic operations Does the best job of accommodating bicycles and pedestrians Allows for maintaining traffic during construction Is most compatible with plans for a future park and ride in the SE quadrant of the interchange The preferred alternative also includes improvements to the Rice Street corridor from CR B to CR B2 as indicated below: The roadway would be reconstructed to 4-lanes and divided by a median Turn lanes would be provided at select major intersections, as traffic volumes dictate Stormwater and drainage improvements would be included to achieve watershed standards. RECOMMENDATION This report serves as an update for the council. No action is needed at this time. Updates will continue to be posted online at the City website which is linked tohttp://www.sehinc.com/online/rice36/. Attachment: 1. Rice-TH36 Layout (A full size color copy has been provided to the Council and Manager.) PacketPageNumber249of250 iaas d I 9 • do `® iii k r _ �` az � i ,. IIA•.