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HomeMy WebLinkAbout2009 04-27 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, April 27, 2009 City Hall, Council Chambers Meeting No. 09-09 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 April 6, 2009, City Council Workshop Minutes. 2. Approval of April 13, 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. Report on Financial Status of CoPar, Inc. Relating to Development Agreement 2. Presentation of Eureka Recycling?s Year-End and 2009 Work Reports 3. Rice Street/TH 36 Interchange, Project 09-07, Project Update 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 J. PUBLIC HEARINGS (CANCELED) 1. Wetland Ordinance Amendments ? Second Reading 2. Century Avenue Improvements, Project 03-15 a. Assessment Hearing, 7:00 p.m. b. Approve Resolution for Adoption of Assessment Roll K. UNFINISHED BUSINESS 1. Fish Creek Timeline Report L. NEW BUSINESS Citizen Request for Change of City Code Section 2. Review of KSTP Radio Tower Inspection Report M. CONSENT AGENDA 1. Approval of Claims 2. Carsgrove Meadows Area Street Improvements, Project 08-10 a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll 3. County Road D Street Improvements, Project 08-20 a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll 4. Approval of Joint Powers Agreement with the City of Mahtomedi Regarding Lifeguard Services for Mahtomedi Beach 5. Approval of Joint Powers Agreement with the Town of White Bear Regarding Lifeguard Services for Bellaire Beach 6. Conditional Use Permit Review, Mapletree Group Home, 2831 Southlawn Drive 7. Conditional Use Permit Review ? Ramsey County Correctional Facility Expansion, 297 Century Avenue North 8. Conditional Use Permit Review ? Beaver Lake Town Houses, Maryland Avenue and Lakewood Drive 9. Lakewood Drive/Maryland Avenue Traffic Signal, City Project 09-03, Approval of Signal Agreement with Ramsey County 10. Approve Purchase of Bituminous Materials 11. Authorize 2009 Street Striping 12. Approve Purchase of 2009-2010 Winter Road Salt 13. Approve Extension of Traffic and Lighting Infrastructure Maintenance Agreement between St. Paul and Maplewood 14. Approve Contribution to North East Suburban Transit (NEST) 15. Approval to Purchase Replacement Handguns for Police Department 16. Approval of Planning Commission 2008 Annual Report 17. Approval of Parks and Recreation Commission 2008 Annual Report 18. Approval of the Historical Preservation Commission 2008 Annual Report 19. Consider Adoption of Proclamation for Building Safety Week 2009 20. Resolution Adopting Prosperity Avenue No Parking Sign 21. Approval to Extend Lease Agreement with Gethsemane Church through April of 2010 22. Consider Motion to Change Date of May 25, 2009, City Council Meeting ? to May 28, 2009, Due to Memorial Day Holiday N. AWARD OF BIDS O. VISITOR PRESENTATION ? PART II (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) P. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk?s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings ? elected officials, staff and citizens. It is hoped that by following these simple rules, everyone?s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, April 6, 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 5:00 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew moved to approve the agenda as submitted. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. D. UNFINISHED BUSINESS None. E. NEW BUSINESS 1. Discussion of Policies and Procedures for Commissions and Boards a. City Manager, James Antonen gave the report and answered questions of the council. b. City Attorney, Alan Kantrud addressed and answered questions of the council. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:10 p.m. April 6, 2009 1 City Council Manager Workshop Minutes PacketPageNumber 4of240 Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, April 13, 2009 Council Chambers, City Hall Meeting No. 08-09 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:33 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present until 11:53 p.m. Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA Councilmember Nephew moved to table I1. Reinstatement of the Human Relations Commission due to a scheduling conflict. City Manager Antonen requested the addition of G2. Severe Weather Awareness week April 20- 24, 2009, for Fire Chief, Lukin to report on. Mayor Longrie requested the addition of G3. St. John?s Hospital and the signing of a letter in support of St. John?s Hospital?s efforts for additional funding. Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. E. APPROVAL OF MINUTES Approval of March 23, 2009 City Council Workshop Minutes. Councilmember Rossbach moved to approve the March 23, 2009, City Council Workshop Minutes as amended. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. April 13, 2009 1 PacketPageNumber City Council Meeting Minutes 5of240 Approval of March 23, 2009, City Council Meeting Minutes. Councilmember Juenemann had a correction on page 5 of 250 in the packet, E. changing the Gernes spelling of Mark Gurnis to . Councilmember Nephew moved to approve the March 23, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. F. VISITOR PRESENTATIONS ? PART I 1. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick spoke regarding Copar and property in south Maplewood. He said Councilmember Rossbach should not be voting on certain things because he isPresident of the Builders Association. (Councilmember Rossbach said he has never been President of the Builders Association.) Councilmember Nephew met with Representatives Leon Lillie, Chuck Wiger, and Nora Slawik regarding the property in south Maplewood and said Councilmember Nephew shouldn?t have intervened with the legislators. 2. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling asked what the City of Maplewood is going to do to cut spending and to offset the large wages in the city. He read some headlines from the newspaper regarding other city?s that have made cutbacks and have made reductions in employees such as at 3M. He doesn?t think Maplewood is going to do anything to cut spending and he believes property taxes in Maplewood will be raised 4-5%. 3. Gerald Parenteau, 617 Century Avenue, Maplewood. Mr. Parenteau said he was concerned about the facts he heard regarding the smoke task force and recreational and wood fires. Therefore he wanted to get the facts straight so he could talk to his neighbors and have the correct information. He said he cooks homemade maple syrup at home on a wood fire and he was concerned continuing to have that ability. 4. Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten discussed the major fuel spill of 50 gallons of diesel fuel that spilled into County Ditch 18 and into the surrounding waterways. Ms. Sletten wondered who was paying for the cleanup and when would it be completely cleaned up. She asked if the city is doing anything proactively to make sure this fuel spill is cleaned up. (Fire Chief Lukin said fuel was being transported from one tank to the other. This fuel is something that floats on top of the water and doesn?t go into the ground water. The company has their buoys out there and its common practice to leave that out there for 30 days. The company used 250 to 300 gallons of water and flushed the storm sewer area to clean things up. The city is keeping close contact with St. Johns Hospital and BayWest and they think they have 90% of the fuel spill and will continue clean up the remaining amount as time permits.) 5. Louis Speis, 3095 Chisholm Court North, Maplewood. Mr. Speis provided a handout for the permanent record. His concern was people using golf carts on the Bruentrup Farm property and on the city streets during weddings at the Bruentrup Farm in order to transport people. He said he didn?t think that was right so he called the Minnesota motor vehicle department and it states that unless the respective city allows it golf carts and ATVs are not allowed on city streets. He said if you don?t do something to straighten this problem out we are asking for a problem to occur. He wanted someone like the Police Department to check into this problem. April 13, 2009 2 PacketPageNumber City Council Meeting Minutes 6of240 6. Peter Fischer, 2443 Standridge Avenue, Maplewood. He spoke as a resident of Maplewood. Mr. Fischer spoke about the Copar Development and the Schlomka property in south Maplewood and the efforts to secure the land which goes back 20 years. He said he was at the state legislature in early March. He works at a homeless shelter and several of the youth wanted to lobby on homeless issues and as they were going down the hall local Representative Leon Lillie recognized Mr. Fischer. He told Mr. Fischer he wanted to talk to him about issues that may have impacts on parks in Maplewood. He knew Mr. Fischer was the Chair of the Parks Commission. Representative Lillie said he sits on the committee that is the committee that is going to be handing out the money that was approved in the Constitutional Amendment Referendum in November. He said he had a number of people in the area contact him about preserving the land in south Maplewood. In the Parks Comprehensive Plan there is an identifying piece on that land and if the opportunity and the money was available to purchase the property the parks commission would like to. This is in Representative Slawik?s area and Representative Lillie asked if Mr. Fischer could go and speak to Representative Nora Slawik which he did. She had asked if there was support to own this property in south Maplewood in the community and Mr. Fischer said there has been strong support for this property for over 20 years and have been many attempts for years to purchase this parcel. Mr. Fischer said he contacted DuWayne Konewko and Councilmember Nephew because Councilmember Nephew had been attending a lot of the meetings and following things for a number of months. The thought was to get people on the legislative side. There needed to be a team to move quick to make the dream to purchase this property come true. He also contacted Senator Chuck Wiger and he was supportive of this as well. Councilmember Nephew brought this up to the City Council and he asked if any of the councilmembers have any reservations. The council said to move forward with things. Not only was staff working on it, the city manager wrote a letter of support. A hearing came up where they could testify and there was a good reception to the idea of purchasing this property. The committee seemed very interested and wanted to move forward with the process. About 1½ hour later a letter from Mayor Longrie arrived from the Republican leader in the House. Some of the things Mayor Longrie alluded to was that maybe Mr. Fischer wasn?t a parks person because he spoke against conservation easements and that maybe this is politically motivated. This is something key to the people of Maplewood. He tried to find money to make this dream come true and proceeded to pursue things and help coordinate and in return he felt what he received was a stab in the back from the Mayor and he felt uncomfortable because the people that took their time out of the legislative process were disrespected in the process. He said he is disappointed in the Mayor and someone needs to take a look at the letter that was sent out by Mayor Longrie regarding this situation. G. ADMINISTRATIVE PRESENTATIONS 1. May 25, 2009, City Council Meeting ? Change of Date Discussion Due to Memorial Day Holiday (Held over until April 27, 2009). 2. Severe Weather Awareness week is April 20-24, 2009. 3. St. John?s Hospital Letter to be signed by Mayor Longrie Mayor Longrie read the letter aloud. April 13, 2009 3 PacketPageNumber City Council Meeting Minutes 7of240 H. COUNCIL PRESENTATIONS 1. Silver Star Banner Day City Proclamation Honoring the Sacrifice of the Men and Women in the Armed Forces.(Held over until April 27, 2009) I. APPOINTMENTS AND PRESENTATIONS 1. Reinstatement of the Human Relations Commission ? Councilmember Nephew Councilmember Nephew moved to table the Reinstatement of the Human Relations Commission. Seconded by Councilmember Juenemann. Ayes - All The motion to table passed. 2. Groundwater Presentation ? Ramsey Conservation District 5 a. Tom Peterson, District Manager with the Ramsey Conservation District 5 addressed and answered questions of the council. b. Jeff Nash, Ramsey Conservation District 5 gave the report and addressed and answered questions of the council. J. PUBLIC HEARINGS 1. 7:00 p.m. Public Hearing ? Wetland Ordinance Amendments ? First Reading a. Environmental Planner, Shann Finwall gave the report and answered questions of the council. b. Community Development and Parks Director, DuWayne Konewko answered questions of the council. c. City Manager, Jim Antonen addressed the council. d. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie opened the public hearing at 7:42 p.m. 1. Sharon Sandeen, 1748 Gulden Place, Maplewood. 2. Nancy Montpetit, 1742 Gulden Place, Maplewood. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. 4. Linda Bryan, 1752 Gulden Place, Maplewood. 5. Steve Bryan, 1752 Gulden Place, Maplewood. 6. Barbara Leiter, 1734 Gulden Place, Maplewood. 7. Richard Allen Lang, 1700 Barclay Street North, Maplewood. 8. Ginny Yingling, 673 Dorland Road South, Maplewood. 9. Ralph Sletten 2747 Clarence Street North, Maplewood. 10. Mark Jenkins, 830 new Century Boulevard South, Maplewood. April 13, 2009 4 PacketPageNumber City Council Meeting Minutes 8of240 11. Pat Eitland, 2050 Arcade Street N., Maplewood. 12. Susie Splinter, 1706 Barclay Street, Maplewood. 13. Kevin Tkachuck, 739 County Road B East, Maplewood. 14. George Oxford, 2305 Linwood Avenue East, Maplewood. 15. Carol Bayer, 791 Kenwood Lane, Maplewood. 16. Chris Jacobson, 2486 Kohlman Lane, Maplewood. 17. Dave Johnson, 2587 Lydia Avenue, Maplewood. 18. Nancy Rogers, 1759 Howard Street, Maplewood. Mayor Longrie closed the public hearing at 10:58 p.m. Councilmember Hjelle moved to deny the first reading of the Wetland Ordinance Amendment. Seconded by Mayor Longrie. Ayes ? Mayor Longrie & Councilmember Hjelle Nays ? Councilmembers Juenemann, Nephew & Rossbach The motion to deny failed. first reading Councilmember Nephew moved to approve the of the Wetland Ordinance Amendment. This ordinance makes changes to the Environmental Protection and Critical Area Article pertaining to wetland regulations. (Changes to the Ordinance shall include the following amendments as recommended by the council:) 1. To look at the averaging and perhaps it is too restrictive. 2. That the best management practices are better defined 3. That the 10 foot setback elimination except for in the utility class. 4. There be a better clarification with regard to what portions are applicable to the homeowner that has the single home verses the new construction application. 5. The homeowner is able to do their own work on their property. 6. Incorporate the use of best management practices to provide for a decrease in the buffer as an incentive. 7. To take a look at whether or not those properties that are on a lake whether or not they should regulated by the wetland ordinance amendment or not or whether or not it is the shoreland. The council will review that at the next reading. 8. To clarify the rights concerning rebuilding on the same building footprint. Seconded by Councilmember Juenemann. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle April 13, 2009 5 PacketPageNumber City Council Meeting Minutes 9of240 The motion passed. Staff will bring this item back for the second reading at the end of May or beginning of June. Councilmember Hjelle moved to adjourn the meeting until Thursday, April 16, 2009. Seconded by Mayor Longrie. Councilmember Hjelle moved to withdraw his motion to adjourn the meeting due to lack of support. The council took a recess from 11:52 p.m. until 12:05 a.m. The Council reconvened the meeting at 12:05 a.m. Mayor Longrie moved to extend the meeting to hear agenda items K1, L1-L4, M1, M5, M12 and G3. Seconded by Councilmember Nephew. Ayes ? All The motion passed. K. UNFINISHED BUSINESS 1. Bruentrup Heritage Farm Lease Agreement a. Approval of Lease Agreement a. Robert Overby residing in St. Paul, President, Maplewood Area Historical Society, addressed the council. b. City Attorney, Alan Kantrud gave the report. c. City Attorney, Jim Antonen addressed the council. Councilmember Rossbach moved to approve the draft lease agreement with the Maplewood Area Historical Society. This lease allows the society the use of the Bruentrup Heritage Farm site and buildings located at 2170 County Road D. Adding clarification in item 15. (A) and (B) to include If anymajor building i.e. farmhouse or barn is damaged by fire. Seconded by Councilmember Nephew. Ayes ? All The motion passed. L. NEW BUSINESS 1. On-Sale Intoxicating Liquor License ? Eric Froeming, Part Owner and Manager of the Chalet. a. Maplewood Police Chief, Dave Thomalla gave the report. b. Eric Froeming, Part Owner and Manager, The Chalet, 1820 Rice Street, Maplewood. April 13, 2009 6 PacketPageNumber City Council Meeting Minutes 10of240 Councilmember Nephew moved to approve Mr. Eric Froeming as the on-sale intoxicating liquor license manager for The Chalet at 1820 Rice Street, Maplewood. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. 2. Approval of Lawful Gambling Permit for Transfiguration Church at Hill Murray High School a. Maplewood Police Chief, Dave Thomalla gave the report. Councilmember Rossbach moved to approve the temporary gambling permit for Transfiguration Church at 2625 Larpenteur Avenue, Maplewood. RESOLUTION 09-04-157 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 - 15Street N., Oakdale, MN to be used on May 1, 2009 at Hill Murray High School, th 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. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 3. Council Consideration of Resolution Supporting the Fish Creek Natural Area Greenway Bill ? House File No. 2055 a. Community Development and Parks Director, DuWayne Konewko gave the report. b. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie said she reviewed the March 9, 2009, council meeting and under Council Presentations, Councilmember Nephew talked about Fish Creek and mentioned Senator Chuck Wigers update. Councilmember Nephew said he had conversations with city officials and stated he thinks staff is already working on this. Mr. Nephew stated that he was suggesting council direction for a report on the status of what CoPar is doing, if CoPar is open to an extension and staff ideas on possible strategies for acquisition. Mayor Longrie added that she was also interested in whether or not prices had gone up on the property and Councilmember Nephew added input on the realistic chance of state funding. Mayor Longrie asked where the bill is at, Councilmember Nephew said he didn?t know if there is a bill. Ginny Gaynor said that the language is being crafted, its not done, and the staff will report back. Mr. Nephew said it would also be nice to have a written confirmation of an extension from CoPar, or a letter of intent. April 13, 2009 7 PacketPageNumber City Council Meeting Minutes 11of240 Mr. Antonen said it sounds like the consensus is for staff to do a report, report back to the council, and then will have an opportunity to craft the language. Then Mayor Longrie went back and watched the March 23, 2009, city council meeting, under Council Presentations she talked about Senate file 1564 and Councilmember Nephew mentioned to her that was a bill that wasn?t for the metro area and that there are other bills. Mayor Longrie said the citizens are looking for clarification and Councilmember Nephew said that Representatives Lillie and Slawik are coauthoring a bill for the metropolitan grant money and Mayor Longrie asked if it?s competitive and Councilmember Nephew said he assumed so. Councilmember Nephew said in terms of the bill, Peter Fischer from the Parks and Recreation Commission was talking about at the Parks commission that it had not been introduced yet. Representative Slawik was just looking for comments. Councilmember Nephew indicated he talked to Mr. Konekwo and he said he made some suggestions on the legislation. Councilmember Nephew said he was not up to speed on the introduction and Mayor Longrie said she agreed she wasn?t up to speed either and asked for more information to be put on the city website when introduced. The citizens want to know what it says and what the Senate file number is and how to find it. Mr. Konewko said as of that date it had not been introduced yet but he concluded by saying the staff will put on the city website, the information about the bill and when it?s introduced and that he will provide updates to the city council. Mayor Longrie said the next agenda item was about the Star and Tribune article on Lakeland Construction Finance LLC. She said she looked 55 on the city website and noticed that what is posted there is House File 2054 not 20. Mayor Longrie said she found it very ironic that on December 23, 2008, when she brought up the item regarding Lakeland Construction Finance, LLC, Mr. Konewko said staff was talking about that in regards to Richie Place. Mr. Konewko mentioned that staff was closely monitoring the situation with Lakeland Construction Finance LLC and that they had consulted with City Attorney, Kantrud. The council had a meeting March 9, 2009, and wondered what the status was of CoPar and on March 4, 2009, there was a sheriff sale and the complete property has been foreclosed on. Mayor Longrie asked when was the council going to be told this information. The finance company is Lakeland Construction Finance LLC, the very same company that is in receivership to the Bank of Scotland. And the Bank of Scotland has been taken over by England. She wished the whole council had been involved and the staff had been involved with what the council was doing. Mayor Longrie said rather than researching this for six to eight hours of work, if staff had done the report, this information may have been discovered. Mayor Longrie passed out documentation to the council. She said the reason this is important is because under the developer?s agreement with CoPar, it says something very important, under the developer?s agreement with CoPar it says CoPar is in default of their developer?s agreement if there is a breach of the developer warranties. CoPar and all their entities here in Minnesota are not in good standing with the Secretary of State. They?re inactive and not in good standing. The redemption period for this is in 3 weeks and CoPar has to come up with $13 million. CoPar refinanced this property in 2006 for $9.7 million when they just bought the property in 2005 for a little over $7 million. Mayor Longrie said the developer warranties have breached, whether or not CoPar has the legal capacity or authority to enter or perform their obligations. No default, the developer is not in default of any lease or contract or agreement to which it is a party. It?s in total breach of its mortgages, not only with this company for the land in south Maplewood, but all the properties in Hudson, Wisconsin and all these other places. Present compliance with the laws. The developer has complied with and is not in violation of applicable federal, state or local statutes, laws or regulations including, but not limited to, etc. The documents were filed in Hennepin County. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Char Wasiluk, 1740 Frank Street, Maplewood addressed the council. 2. Ginny Yingling, 673 New Century Boulevard, Maplewood addressed the council. April 13, 2009 8 PacketPageNumber City Council Meeting Minutes 12of240 Councilmember Rossbach moved to approve the resolution Supporting House File No. 2055 the (Staff shall provide a timeline and detailed report to Fish Creek Natural Area Greenway Bill. the council regarding the CoPar property). RESOLUTION 09-04-158 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; Whereas, the 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 13th day of April, 2009 __________________________________ _________________________________ Mayor City Clerk Seconded by Councilmember Nephew. Ayes ? All The motion passed. 4. Resolution Authorizing PMA to Act as Provider of Fixed Rate Investments a. Finance Director, Bob Mittet gave the report. Councilmember Nephew moved to approve the resolution Authorizing PMA to act as a provider for fixed rate investments. April 13, 2009 9 PacketPageNumber City Council Meeting Minutes 13of240 RESOLUTION 09-04-159 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 ____________________________ , the Finance Director of which is Robert Mittet, It is hereby certified that THE CITY OF MAPLEWOOD th adopted this Resolution at a duly convened meeting of the Maplewood City Council held on the 13 day of April, 2009, 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 Seconded by Councilmember Rossbach. Ayes ? All The motion passed. April 13, 2009 10 PacketPageNumber City Council Meeting Minutes 14of240 M. CONSENT AGENDA 1. Councilmember Nephew moved to approve items 1, 5, and 12. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 129,426.31 Checks # 77984 thru # 78031 Dated 3/17/09 thru 03/24/09 $ 127,905.26 Disbursements via debits to checking account Dated 03/13/09 thru 03/20/09 $ 507,983.62 Checks # 78302 thru # 78076 Dated 03/20/09 thru 03/31/09 $ 317,002.47 Disbursements via debits to checking account dated 03/20/09 thru 03/27/09 $ 393,367.88 Checks #78077 thru #78130 Dated 04/02/09 thru 04/07/09 $ 567,693.35 Disbursements via debits to checking account Dated 03/27/09 thru 04/03/09 ________________ $ 2,043,378.89 Total Accounts Payable PAYROLL $ 491,927.57 Payroll Checks and Direct Deposits dated 03/20/09 $ 2,553.54 Payroll Deduction check #7015 thru #7016 dated 03/20/09 $ 482,696.87 Payroll Checks and Direct Deposits dated 04/03/09 $ 2,470.29 Payroll Deduction check #1007055 thru #1007056 Dated 04/03/09 ___________________ $ 979,648.27 Total Payroll GRAND TOTAL $ 3,023,027.16 Seconded by Councilmember Juenemann. Ayes ? All The motion passed. April 13, 2009 11 PacketPageNumber City Council Meeting Minutes 15of240 2. Approval of Joint Powers Agreement with the City of Mahtomedi Regarding Lifeguard Services for Mahtomedi Beach (Held over until April 27, 2009.) 3. Approval of Joint Powers Agreement with the City of White Bear Lake Regarding Lifeguard Services for Bellaire Beach (Held over until April 27, 2009.) 4. Conditional Use Permit Review, Mapletree Group Home, 2831 Southlawn Drive (Held over until April 27, 2009.) 5. Invitation to Ribbon-Cutting Celebration for Nature Center?s New Sustainable Landscape, Friday, May 1, 2009 at 4:30 - 6;30 p.m. (No Action Required) a. City Manager Antonen reported. 6. Lakewood Drive/Maryland Avenue Traffic Signal, City Project 09-03, Approval of Signal Agreement with Ramsey County (Held over until April 27, 2009.) 7. Approve Purchase of Bituminous Materials (Held over until April 27, 2009.) 8. Authorize 2009 Street Striping (Held over until April 27, 2009.) 9. Approve Purchase of 2009-2010 Winter Road Salt (Held over until April 27, 2009.) 10. Approve Extension of Traffic and Lighting Infrastructure Maintenance Agreement between St. Paul and Maplewood (Held over until April 27, 2009.) 11. Approve Contribution to North East Suburban Transit (NEST) (Held over until April 27, 2009.) 12. Castle Avenue Improvements, City Project 08-12, Resolution Accepting Assessment Roll and Ordering Assessment Hearing Councilmember Nephew moved to approve the resolution accepting the roll as attached and calling for an Assessment Hearing for May 11, 2009, at 7:00 p.m. for the Castle Avenue Improvements, City Project 08-12. RESOLUTION 09-04-160 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. April 13, 2009 12 PacketPageNumber City Council Meeting Minutes 16of240 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. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 13. Rice Street/TH 36 Interchange, Project 09-07, Project Update (Held over until April 27, 2009.) N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS ? PART II None. P. ADJOURNMENT (Items that were not heard will be added to the agenda for the April 27, 2009, city council meeting.) Mayor Longrie adjourned the meeting at 1:27 a.m. April 13, 2009 13 PacketPageNumber City Council Meeting Minutes 17of240 Agenda Item G1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Assistant City Manager/Public Works Director SUBJECT: Report on Financial Status of CoPar, Inc. relating to Development Agreement DATE: April 22, 2009 INTRODUCTION/SUMMARY th At the April 13 City Council meeting, the staff was directed to prepare a report on information relating to the CoPar Development Agreement. The staff has met with representatives of CoPar and discussed the item with the representatives of Lighthouse Management Group. Lighthouse is the Receiver for Lakeland Construction Finance. It is Lakeland Construction Finance who is in receivership, not CoPar. However, the property in Maplewood, called the CoPar development, is part of the Lakeland Construction Finance foreclosure process. The CoPar representatives indicate that their attorneys are working to finalize an option agreement for the property, whereby they have a right of first refusal for the Maplewood property. According to the CoPar officials, they have over $2.0 million of their own funds that were due to them from Lakeland Construction Financial. They entered into a voluntary foreclosure process on the Maplewood property as part of a settlement agreement of claims with Lakeland Construction Financial so that the value of the property could be reassessed as part of the receivership. CoPar does not have a signed option agreement at this time, but, they are currently negotiating that agreement. Lighthouse management indicated that they are representing the interests of the Royal Bank of Scotland (RBS) which is currently being nationalized, so dealings are being delayed with that process. The foreclosure process on the Maplewood parcel is complete on May 4, 2009. After that point, Lighthouse Management anticipates working through the liquidation of the real estate portfolios using the Lakeland Construction Finance personnel. The Development Agreement approved by the City is still in place through the foreclosure process. Maplewood, unlike many other cities, did not proceed with development construction and does not have any costs that were secured by Letters of Credit through Lakeland Construction Finance. In the case where a development proceeded, those cities will likely need to reconsider their development contracts in order to make the project viable. In Maplewood?s circumstances, the Council, because this is still raw land, will need to honor the conditions of the agreement to whoever purchases the foreclosed property [either CoPar, if their option agreement is approved, or some other entity]. There is a possibility that no one purchases the foreclosed Maplewood land and the property sits for many years, or a new developer could purchase the property and request a new development. There is an option for the City to enter and purchase the entire property and certainly at a value much below the +$10.0 - $12.0 million that were originally considered for the value, in which case, the City could void the development approval. However, if CoPar is successful in completing their right of first refusal agreement, then the City purchase could be matched by CoPar. Otherwise, the City would be bidding against CoPar and other interested parties, who may or may not wish for the development agreement to be honored. If a new developer wishes to abandon the development agreement, then the new ordinance and land use plan conditions for South Maplewood would likely apply. This would mean that the City?s option for purchase of open areas will need to be extended from the current date of June 30, 2009 through Lighthouse Management. That is in their best interests to protect the value of the property and is likely to be approved. PacketPageNumber 18of240 CoPar Development Agreement Financial Options Page Two OPTIONS There are a couple of options for the City Council to consider: Option A: Begin plans to identify purchasing options for the entire parcel with the intent of acquiring a portion or all of the property for open space preservation. The staff recognizes that there is a desire for this property to be protected, but the likelihood of being successful in a purchase of the entire property with the purposes of negating the development conditions may not be too high. This may also be expensive. The City has not identified or designated funds for this purchase at this time. A re-evaluation of priorities and identification of an Economic Development Authority would be necessary for this purchase. Option B: Do not proceed with purchase options for the parcel, but attempt to negate the development approval and conditions of the development agreement due to the foreclosure of the property. This action could involve a protracted legal process. We would need to retain legal counsel to advice the Council on options for this. The determination on whether a default occurred between a new company that CoPar may re-formulate and the City needs to be explored. In short, if CoPar continues to exist, the City would likely need to honor the development agreement, otherwise, the City could be considered in bad faith with the Settlement Agreement that dismissed the litigation. However, if CoPar, through this process, attempts to assign the development agreement to a new entity, even if it is a version of CoPar, then the City needs to agree to the assignment of the Development Agreement and could establish and/or negotiate new terms of approval, including the extension of the option to purchase property in the southern portion of the parcel along Fish Creek. Option C: Do nothing and let the foreclosure process proceed. At this point, the property is not likely to be redeemed before the May 4, 2009 deadline. Following that process, the property will be offered for sale. A developer, which may or may not be CoPar or a new entity of CoPar, who is interested in the property, could approach the City before making an offer to determine the conditions for approval. The Council would then have the option to work with the new landowner to determine whether an extension of the option or a totally new development proposal would be appropriate. RECOMMENDATION Staff recommends Option C that the City Council needs to take no further action on this item at this time. PacketPageNumber 19of240 Agenda Item G.2. AGENDA REPORT TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Presentation of Eureka Reycling?s Year-End and 2009 Work Reports DATE: April 21, 2009, for the April 27 City Council Meeting INTRODUCTION Eureka Recycling was awarded Maplewood?s recycling contract in the fall of 2005 for service beginning January 2, 2006. The contract runs for a period of five years (ending 2010). Maplewood?s contract with Eureka Recycling requires them to submit an annual recycling report. The report provides a summary of the recycling activities that took place in 2008 (Attachment 1) and a proposed work plan for 2009 (Attachment 2). BACKGROUND On March 3, 2009, Christopher Goodwin, Director of Customer Service at Eureka Recycling, presented the 2008 annual recycling report to the Environmental and Natural Resource (ENR) Commission. The ENR Commission thanked Eureka Recycling for their work and accepted the report. DISCUSSION 2008 Recycling Report Highlights Increase in Participation: Participation in the city?s curbside recycling program in 2008 was 72 percent, which represents a 5 percent increase from last year. The number of apartment units with access to the multifamily program is up by 12 percent. Multifamily Recycling Program: Improved recycling at current multi-family buildings and the addition of three new complexes (representing 341 households) resulted in an increase of 28 percent in recycling tons from Maplewood?s multi-family recycling program from last year. Increased Revenue Share: The values of recyclable materials were at historic highs for the first three quarters of 2008. Because of this, Maplewood?s 2008 revenue share for recycled material was $98,089, which increased from last year?s $87,303. The 2009 recycling report states that recycling is being affected by the massive global slowdown in manufacturing and consumption. This is temporarily driving down the demand for the recyclable materials by about one-third and the value of recycled commodities by about two-thirds. As such, commodities are not expected to rebound to 2008 highs in the coming years and the city can expect a decline in revenue share for 2009. PacketPageNumber 20of240 2009 Work Plan Highlights Backyard Composting Education and Compost Bin Distribution: Eureka Recycling will work with city staff to educate Maplewood residents on the environmental and waste reduction benefits of composting food and yard waste at home in their backyards. Eureka Recycling will teach four composting workshops at the Maplewood Nature Center in May and June. Event Attendance: Eureka Recycling will appear at the Taste of Maplewood with a recycling truck and trained staff to educate Maplewood residents on the importance of recycling and composting. Park Recycling: Eureka Recycling will complete a major project study for the City of St. Paul on different ways to plan and implement public space recycling in several different types of parks. This study will be shared with the City of Maplewood as we begin our work on developing and implementing public space recycling. Eureka Recycling staff will be available to consult with city staff as we work on the best methods and communication strategies to address the issue of setting up recycling in public areas. RECOMMENDATION Approve Eureka Recycling Year-End and 2009 Work Plan reports. Attachment: 1. Eureka Recycling 2008 Year-End Report (without appendices - entire report with appendices can be accessed on the city?s website at www.ci.maplewood.mn.us/recycling). 2. Eureka Recycling 2009 Work Report 2 PacketPageNumber 21of240 Attachment1 'MX]SJ1ETPI[SSH =IEV)RH6IG]GPMRK6ITSVX  3ZIVZMI[ 8LMWVITSVXMRGPYHIWWSQILMKLPMKLXWJVSQ1ETPI[SSHvWVIG]GPMRKTVSKVEQMR 1ETPI[SSHGSRXMRYIWXSFIEWXVSRKVIG]GPMRKGSQQYRMX]-R1ETPI[SSHvWHIGMWMSRW XSTVSXIGXXLIUYEPMX]SJXLIMVVIG]GPMRKQEXIVMEPWXSEHHRI[QEXIVMEPWXSMXWTVSKVEQERH GSRXMRYIXSIHYGEXIVIG]GPIVWEFSYXXLIIRZMVSRQIRXEPERHIGSRSQMGFIRIJMXWSJVIG]GPMRK LEZITEMHSJJ.YWXPMOIQER]MRHYWXVMIWXLIVIG]GPMRKMRHYWXV]LEWFIIRLMXLEVHF]XLI WPYQTMRKKPSFEPIGSRSQ]QEOMRKXLIQEVOIXWJSVVIG]GPEFPIQSVIGSQTIXMXMZI-RXLIWI XMQIWQEVOIXWEVIPSSOMRKXS)YVIOE6IG]GPMRKvWLMKLUYEPMX]QEXIVMEPWXSQEOIRI[EPFIMX JI[IVTVSHYGXW  *YVXLIVQSVIHIWTMXI[LEXvWLETTIRMRKMRXLIVIG]GPMRKMRHYWXV]XLIQSZIQIRXSJ VIG]GPMRKVIQEMRWWXVSRKIWTIGMEPP]MR1ETPI[SSH1SVITISTPIEVIVIG]GPMRKXLERIZIV FIJSVI8LIIRZMVSRQIRXEPIGSRSQMGERHWSGMEPFIRIJMXWSJVIG]GPMRKLEZIRIZIVFIIR QSVIMRHIQERH  8SRREKI7YQQEV] (IWTMXIEHS[RXYVRMRXLIWXEXIERHREXMSREPIGSRSQMIWXLIXSRWSJQEXIVMEPVIG]GPIHMR MWLSPHMRKVIPEXMZIP]WXIEH];MXLTYVGLEWMRKKSMRKHS[RMRQSWXSVEPPWIGXSVWSJXLI IGSRSQ]XLIXSRWVIG]GPIHMR[EWYTNYWXSZIV SZIVXLIEQSYRXVIG]GPIHMR Annual Participation and Set-Out Rate Studies More people are recycling in Maplewood. The number of residents who participate in Maplewood's recycling program in 2008 is an impressive 72%. Because of an increase in the number of people recycling in Maplewood, the overall amount of material recycled has remained relatively steady over the last two years despite the fact that the overall economy and purchasing habits of consumers has declined. 2006 2007 2008 Set Out Rate 43% 41% 4']% Participation Rate 69% 67% 72 eureka ltecychng conducted the annual participation and set-out rate study hom October 2U to November 14, 2008. (See Appendix C for the definitions and methodologies of the participation and set- outrate studies.) Maplewood's participation rate can be attributed to the consistent and high quality education and information that Maplewood provides to it's residents. This information both informs them of new materials like milk cartons, juice boxes and wet strength packaging, but also inspires them with information about the economic and environmental benefits of recycling. This information gives the residents the tools they need to participate and the motivation to take the steps in their own households to help reduce waste. In addition, staff from Eureka Recycling and the Ciry of Maplewood coordinated two successful recycling bin distribution events in 2008. The first was during National Night Out on August 5th, when three teams made up of Eureka Recycling staff, city staff and members of Maplewood's Environmental and Natural Recourses Commission visited with residents at many of the block parties going on around the city. Residents were able to ask questions about their recycling program and receive a recycling bin if they didn't have one. The second bin distribution event happened on October 9-11. Eureka Recycling and city staff organized several days of extended hours at the Public Works Building where residents could stop by after hours and pick-up recycling bins. That same Saturday, October 11`x, Eureka Staff also attended the Green Products Fair at the Maplewood Home Depot to distribute recycling bins to Maplewood residents and answer recycling questions. All these efforts as well as the other waste reduction education that were undertaken by Eureka Recycling and the Ciry of Maplewood in 2008 yielded significant increases in both set-out and overall participation numbers for the year. Packet Page Number 23 of 240 Annual Composition Study In this year's composition analysis, conducted in February of 2008, Eureka Recycling collected 44,462 pounds of material. This material was run through Eureka Recycling's sorting facility separate from all other materials to breakdown Maplewood's recycling into different types (see chart below). Eureka Recycling conducted an annual composition study of Maplewood's materials over a six-week period collecting 16,865 pounds of containers (bottles and cans) and 44,462 pounds of mixed fibers (papers & cardboard) from participating households Type of Material 2006 % of Total Tonna e 2007 % of Total Tonna e 2008 % of Total Tonna e Toul n„n~,al To„s ,~, i ~.,~, ,~,~~~,.~~, ,.~,~,~~.~ ~~, Yapcrs News Mix 61.52% 62.69% 65.1!" Cardboard 6.45% 10.13% 4.~~ ~% Boxboud 2.28% 2.09% 2.50% Wet Strength 0.35% 0.35% 0.50% Phone Books 1.28% 0.27% 0.10% Textiles 0.39% 0.05% 0% Residual 0.23% 0.03% 5% TOTAL 72.50% 75.61% 73.10% Containers Total Glass 16.09% 15.08% 14.'~~ ~% Steel Cans 3.07% 2.66% 3.10% Aluminum Cans 1.78% 1.46% 1.40% Aluminum Foff 0.02% 0.00% 0.00% Total Plastics 5.71% 4.79% 6.10% Residual 0.84% 0.38% 1.50% TOTAL 27.50% 24.37% 26.9% Total Residual 1.07% 0.41% 1.9% For more information on the methodology of the composition analysis done by Eureka Recycling please see Appendix B There are several important and interesting things to note about this year's composition as compared to previous years. • The percentage of papers in the stream as compared to containers has shifted. Closer examination of this shows that cardboard as a percentage of the paper stream is significantly down (nearly 6%). Cardboard recycling in a household is generally a result of large purchases of durable goods or electronics. As the sale of these items dropped in 2008 so to did the resulting tons of cardboard being recycled. Packet Page Number 24 of 240 Conversely, as more people stayed home rather than dining out the percentage of containers showed an increase. Additionally the amount of Wet Strength material has seen a significant increase. This is the packaging material that beer and pop bottles and other (non-freezer) food items are packaged in. • New materials make a difference. Maplewood is one of the few communities to ensure the pop & beer boxes collected in its curbside recycling program are actually recycled. At Eureka Recycling's facility, pop and beer boxes are separated from all other papers and sold to mills that can use the material to make new products. Pop and beer boxes contain an additive called wetstrength, which make them incompatible with other types of paper (like cardboard, newsprint or office paper) in the pulping process. By collecting and separating out these boxes, nearly 10 tons of material that was recycled in this community would have been wasted in other cities. Milk cartons and juice boxes and cloths and linens are the newest materials to be added to the recycling program in Maplewood. These materials did not register in a sample study and are listed as negligible on the composition chart above because the percentage of this material is small compared to well-established items that people have been recycling for decades. Just like it took years to establish paper, bottles, and cans in recycling programs in the 1980s, it takes many years to fully communicate a new material as recyclable in a community. Overall, Eureka Recycling and its partner cities together have made strides to increase this material. In 2008, Eureka Recycling collected and recycled 59 tons of Milk Cartons and Juice Boxes and 100 tons of Clothes and Linens all of which would have been unnecessarily wasted in most other cities. Packet Page Number 25 of 240 Revenue Share Summary and Markets Update The amount of revenue that the Ciry of Maplewood received in 2008 was 12% higher than in 2007 and over 66% higher than in 2006. The total amount of revenue in 2008 was much higher than projected at the onset of the contract with Eureka Recycling. When Maplewood entered into a recycling service contract with Eureka Recycling in 2006, the city began receiving revenue share from the sale of the materials collected in their recycling program for the first time. Since 2006, Maplewood has received $244,145.70 in revenue from recycling to continue to invest in the city's recycling or other environmental programs. 2006 Rev 2007 Rev 2008 Rev 1st Quarter $14,647.95 $19,115.55 $22,551.57 2nd uarter $16,323.23 $20,175.79 $27,164.93 3rd uarter $15,330.31 $22,836.87 $35,463.07 4th uarter $12,451.14 $25,175.76 $12,909.53 Total $58,752.63 $87,303.97 $98,089.10 2008 Market Review The values of recyclable materials were at historic highs for the first three quarters of 2008. However, significant changes to the global economy took effect in the last quarter of 2008. Beginning in October 2008 and continuing through the beginning of 2009, Eureka Recycling began to see the impact the troubled economy was having on the prices being paid for recycled material. Worldwide demand for recycled commodities has decreased by at least one-third and the value of recycled commodities has decreased by about two-thirds across the board. A convergence of weak economies, damaged financial institutions, and an expected market correction led to the price downturn in the last quarter of 2008 which continues in 2009. When and to what extent the recycling markets will recover is difficult to predict. Industry experts do expect that the recovery will be slow as it mirrors the economy. Furthermore, commodities are not expected to rebound to as high as levels reached in October 2008 because recycling commodity prices were at unsustainable highs at that time and were already trending downward to more sustainable levels. The current state of recycling is not an issue about the viability of recycling. It is a much bigger issue about the economy. The current recycling economic downturn parallels those of nearly every other industry worldwide including auto manufacturing, housing, construction, publishing, and consumer products. In the late 1980s and again in the 1990s the recycling industry suffered a different kind of economic downturn that lasted a year or less and market demand rebounded. These previous downturns were caused more because the recycling industry had not grown to the point where it was fully integrated into the larger manufacturing market. In those cases, Packet Page Number 26 of 240 gluts in the amount of material waiting to be recycled caused sharp and sudden price drops even though the overall economy was stable. Since that time we have all done work together to build recycling into a massive grassroots movement, particularly here in Minnesota where over 75% of the people participate. Manufacturers are also much more on board and recognize the benefits of using recycled material in their process. What we are experiencing in 2008 and early 2009 is an across the board, massive global slowdown in manufacturing and consumption which is temporarily driving down the demand for the recyclable materials collected right along with all other materials and products throughout the economy. Rather than rising and falling on a separate trend from the rest of the economy, recycling is now a full participant in the global economic market. This actually strengthens the recycling industry as it shows this industry is now depended on by other larger manufacturing bases. Maplewood's quality materials make a big difference in this economy. The challenge for recycles in this economy is to continue to move materials to market. There are still plenty of markets out there that need quality material-i.e. mills that make the newspaper and magazines you still buy, mills that make the cereal box you used this morning, and aluminum plants that are producing the soda can that sits on your table. These mills want to keep the supply system viable. Although the prices currently being paid for recycled material during the global economic downturn are lower, recycling in Minnesota is still a $3.48 billion dollar industry that creates over 20,000 green collar jobs. It is a fact that companies still need our recyclables and there is still a tremendous environmental impact from our efforts. Eureka Recycling and the City of Maplewood have carefully and thoughtfully designed the recycling program to share the risk and help weather these storms. Eureka Recycling has built strong partnerships with the end markets where all of the recyclable commodities are sold for manufacture into new products. During these economic times, these markets have acknowledged the superior quality of materials collected in Maplewood and other Eureka Recycling partner cities, and have rewarded this continued commitment to quality that is a hallmark of Maplewood's recycling program. Because the materials are of the highest quality available, Eureka Recycling is able to continue selling these materials to be recycled for their highest and best use. As partners dedicated to eliminating waste, the City of Maplewood and Eureka Recycling can guarantee that the positive environmental and economic impacts of recycling will continue. For years, there has been a profit to be made from the materials we sell to recycling markets. If there is not a financial profit to be made from recycling, or even if we must start to pay a little to recycle, recycling is still cheaper than disposal and the environmental benefits are extraordinary. Recycling is one of the easiest, cheapest, and quickest ways to reduce our energy use. For example, making a new aluminum can from old cans results in 90-97% energy savings compared to making a new can from bauxite and other raw materials. The recycling industry also contributes in important ways to the economy and is already a leader in the national movement to create new green jobs. Packet Page Number 27 of 240 Economic Benefits of Recycling According to the National Recycling Coalition, the largest national nonprofit organization with members that span all aspects of waste reduction, reuse and recycling in North America, recycling in the U.S. is a $236 billion a year industry. More than 56,000 recycling and reuse enterprises employ 1.1 million workers nationwide. In Minnesota alone, the Minnesota Pollution Control Agency reports that the recycling industry creates 8,700 jobs directly but it is also responsible indirectly (as the "ripple effect") for an additional 19,000 jobs. The industry brings in $93 million in state tax revenue and creates $3.48 billion in gross estimated economic activity every year! The recycling industry provides green jobs which stimulate economic growth while caring for the environment. Eureka Recycling has created over 100 quality green collar jobs in the Twin Cities. Every employee of Eureka Recycling earns a living wage while making it possible for all of us to live a greener lifestyle in our community. As a Twin Cities company, Eureka Recycling reinvests all of its proceeds back into the local economy of this community. Since 2001, we have given nearly five million dollars to the communities we serve and continue to set the standard in Minnesota for giving back revenue from the sale of recyclable materials. The Environmental Benefits of Maplewood's Recycling Program in 2008 There are many ways to calculate the benefits of recycling. To better explain these benefits in commonly understood terms, government agencies, research scientists and economists have created several "calculators" to translate the amounts of recycled materials collected and processed into equivalent positive societal and environmental benefits. Most recently, it has become imperative to measure waste reduction (and all our activities) in terms of its impact on climate change. This allows us to speak in a common language, understand the impact of our choices, and help us prioritize the personal and policy actions that we take. Many cities around the country work with the International Council for Local Environmental Initiatives (ICLEI) to quantify and now register the climate change impacts of their city. It is also important to calculate the carbon impact of waste reduction as the global effort continues to enact a carbon "cap and trade" system. In addition to climate change mitigation, there are other environmental benefits to recycling, including saving energy and protecting air quality, water quality, natural resources, natural beauty, habitat and human health. Some of these human health benefits are quantified in the Jeffrey Morris Calculator below. The benefits of recycling and composting In 2008, Eureka Recycling completed the report Recycling, Composting and Greenhouse Gas Reductions in Minnesota to calculate and explain the significant reductions in greenhouse gases through a zero waste approach. (See Appendix F) `Recycling, composting, and producer responsibility are powerful tools to reduce waste and therefore, ourgreenhousegas emissions. Specifically in Minnesota, reducing our waste has a greenhouse gas reduction impact equivalent to shutting down 20 % of our Packet Page Number 28 of 240 state's coal power plants, or reducing every car usage in the state by two-thirds, or using 75% less electricity in our own homes. " Page 2. These calculations were added to the Minnesota Energy Challenge, a website designed for people to calculate their carbon footprint and learn how to save money and energy at home. Now, residents can calculate and see just how beneficial their household waste reduction activities are in addressing climate change. These same calculations can be applied to Maplewood's citywide program to demonstrate the programs benefits to the environment in terms of climate change. The Environmental Protection Agency (EPA) WARM Calculator The equations used in environmental calculations try to take into account the "full life cycle" of each material... everything from off-setting the demand for more virgin materials (tree harvesting, mining, etc.) to preventing the pollution that would have occurred if that material were disposed of (burned or buried). Different calculators may include some or all of the many factors that contribute to the "full life cycle," so results from calculator to calculator will vary. While there are many models emerging to calculate greenhouse gas reductions, the most recognized and standard model is the U.S. Environmental Protection Agency's WARM model. The Waste Reduction Model (WARM) was designed to help solid waste planners and organizations track and voluntarily report greenhouse gas emissions reductions from several different waste management practices. The WARM model was last updated in August of 2008 and recognizes 34 material types. Maplewood Total Carbon Equivalent Carbon Dioxide Equivalent Recycling Reduction Reduction 2006 2614.26 tons 1,810 metric tons 6,636 metric tons MTCE*) MTCO2E) ZQQ] 2689.49 tons 1,871 metric tons 6,862 metric tons MTCE*) MTCO2E) ZQQ$ 2668.49 tons 1,788 metric tons 6,555 metric tons MTCE*) MTCO2E) *MTCE (Metric tons of carbon equivalent), MTC02E (Metric tons of carbon dioxide emissions) are figures commonly used when discussing greenhouse gas emissions. What do all these numbers mean? The numbers above help municipalities calculate and track their environmental footprint. For more information about the process of measuring the environmental benefits of waste reduction, visit: http://epa.gov/climatechange/wycd/waste/measuregh~.html#click. These numbers, however, don't make much sense to the average person. To help recyclers understand the significance of their actions, the EPA has also developed tools to translate these numbers into equivalent examples that people can more easily understand. • For example, using the figures above, the EPA estimates that Maplewood would have had to remove a total of 1201 cars from the road for one year to have had the same environmental impact in 2008 as they did recycling. To achieve this, Packet Page Number 29 of 240 approximately 9 % of Maplewood's households would have had to give up one car for a year. Another example of how these efforts can be translated into energy savings can be found in the EPA calculator. It shows that the energy saving gained by the recycling efforts of Maplewood's residents in 2008 could power the homes of just over 400 of their neighbors for one year. Although WARM is the most widely peer-reviewed and accepted model, it is considered to have several flaws. Many believe the use of this calculator is conservative and understates the real impact of waste reduction efforts. However, despite these flaws, WARM is a well- recognized, published calculator. Until a better calculator is peer reviewed and accepted, WARM gives us a conservative starting place to measure these impacts and work towards our goals. Even with WARM, as you will see, the impacts are quite significant. (http://epa.gov/climatechange/wycd/waste/calculators/Warm Form.html) Jeffrey Morris Calculator Jeffrey Morris, Ph.D. Economist at Sound Resource Management in Seattle has developed a calculator that begins with the EPA's calculator and expounds upon it to gather information on not just Carbon and C02 but also several other important environmental and human health indicators. Although new and not yet widely-used, this calculator shows the significant benefits that WARM does not consider. Maplewood 2006 2007 2008 Total Recycling ~~>>-+?~~ tons ~<~~~~.-~~~ tons ~<~<~~.-+~~ tons Carbon Dioxide Equivalent Reduction 7,135.9 7,329 7291.5 (MTC02E) metric tons metric tons metric tons Human Health - 626 tons 3 702 tons 3 3552.4 tons Non-Carcinogen Toms Reduction , , Human Health - 21 2 tons 21 0 tons 20 9 tons Acidification (S02) Reduction . . . Human Health - 3.8 3.9 Particulates Reduction metric tons metric tons 3.1 metric tons Human Health - 1.5 1.5 1.5 Carcinogens Reduction metric tons metric tons metric tons For more information about the process of measuring the environmental benefits of waste reduction, visit httg: / / e~~. eov/climatechange/wvcd/waste/measu rep he.html#click Use of Biodiesel in Recycling Trucks in Maplewood In addition to the figures noted above, Eureka Recycling runs their trucks in Maplewood on a 20% biodiesel blend, which further reduces greenhouse gas emissions. For more information, see the enclosed `Benefiting From Biodiesel" Fact Sheet (Appendix D). Packet Page Number 30 of 240 Attachment 2 2009 Maplewood Recycling Work Plan The work plan for 2009 will focus on increasing public awareness of the roll that recycling and composting plays in the effort to address climate change and conserve energy and natural resources. Eureka Recycling will continue to do the work of educating and inspiring residents about the proper ways to recycle and the benefits of recycling. We will also begin working with Maplewood residents to connect the composting of organic material to recycling and climate change at their home through backyard and vermin- worm composting. 1. Backyard Composting Education and Compost Bin Distribution Eureka Recycling will work with city staff to help educate Maplewood residents on the environmental and waste reduction benefits of composting food and yard waste at home in their backyards. Eureka Recycling staff will teach four workshops at the Nature Center and distribute backyard composting bins purchased by the city to residents interested in learning more about backyard composting. These workshops will take place on: • Monday, May 11 • Saturday, May 23 • Saturday, June 20 • Monday, June 22 2. Curbside Program Eureka Recycling will provide the following educational efforts to all Maplewood residents for the duration of the contract. • Annual city-wide flyer with collection day specific information • Corrective tagging, mailing, and tracking • Answer all calls to the hotline about residents' questions or concerns with recycling • Articles for the Seasons newsletter deadlines for submissions in 2009 are on the following dates, topics to be determined at a later date: o Wednesday, January 28 o Tuesday, Apri128 o Wednesday, July 29 o Tuesday, October 27 3. Multifamily Program Much effort went into increasing participation in the multifamily recycling program in 2007. The result was an impressive 59% increase in tons of material collected from Maplewood's multifamily residents. In 2008, Eureka Recycling will be working to maintain that level of participation with new and existing multifamily residents and focus more attention on working with curbside residents. Packet Page Number 31 of 240 Ongoing additions to multifamily recycling Eureka Recycling will continue to follow this basic process for adding new buildings to the program. Every multifamily building in Maplewood has been contacted to join the program. Given that Maplewood's Multifamily Recycling Ordinance requires all multifamily properties to offer recycling to their tenants, Eureka Recycling will continue to make efforts to add these buildings to the program in 2009. Optimization of current multifamily buildings Eureka Recycling has extensive information about each multifamily account in Maplewood. Once added to the program, the building account is closely monitored for the first three to six months to adjust to the proper schedule and to address contamination and participation issues through the proper education. Using information that is tracked about the amount and types of materials collected, any problems or contamination, and any communication with the building managers (which is entered into the database each collection day), Eureka Recycling will continue to evaluate and monitor the multifamily program to become more efficient and cost-effective. Education Eureka Recycling will first focus on gathering information about buildings and properly setting up multifamily carts at buildings with clear labels. Eureka Recycling will continue to provide ongoing education at multifamily buildings, including: • Labeling of carts • Tracking of building information for targeted future outreach • Sending corrective postcards to unserviceable accounts • Answering all calls to the hotline • Distributing fliers/posters to building management upon request 4. Event Attendance Eureka Recycling will appear at the Taste of Maplewood on Thursday, August 13th with a truck that was named in Maplewood and trained staff to talk about recycling in Maplewood. The goal will be to clarify all of the items that can be recycled in Maplewood's program and help people understand why some items can not be recycled. We will also talk with folks about how recycling and composting can be one of the best and easiest things that every person can do to have a huge impact on climate change and energy conservation. In addition, Eureka Recycling will work with staff to further the cities goal to reduce waste at city events. Eureka Recycling will consult with city staff to review the list of city sponsored events and explore ways to incorporate zero-waste planning into the event management process long term. Packet Page Number 32 of 240 5. Performance Monitoring In efforts to determine appropriate education and make operational decisions that will maximize the recovery of materials and decrease contamination, Eureka Recycling will track details about Maplewood's recycling program. The following information will be presented to the Maplewood Environmental and Natural Resources Commission annually. Curbside Eureka Recycling will track the total tons collected by daily route. This will allow the city to establish baseline data and evaluate trends by area of the city. Once a year (over a one month period) Eureka Recycling will complete participation and set out analysis for each daily route. This will involve tracking how many households participate in recycling at least once a month and how many households set out materials on average each week. Eureka Recycling will track the number of "education tags" distributed by drivers. Multifamily: For each multifamily building, Eureka Recycling will track the: • Contact information for the building. • Type of service: multi family recycling vs. curbside recycling (for buildings with 10 or fewer units). • Number of units per building. • Amount of materials collected by type. • Any contamination or customer service problems. • Date and type of educational materials received at the property. • Amounts and types of containers at the property. City Buildings: In 2008 Eureka Recycling worked with city's new Green Team to reinvigorate the recycling program at Ciry Hall. Eureka Recycling staff worked closely with the team members to not just conduct the waste sort and recycling assessment as a vendor, but to transfer the knowledge and skill on how these tools are employed to reinvigorate the program. In 2009 the Green Team plans to continue to reinvigorate the recycling program in other city buildings. Eureka Recycling will continue to monitor and report on the recycling levels at each building before, during and after the team has made their adjustments to the program to provide real time information and advice that will help the city better manage the program. Processing: Eureka Recycling will conduct an annual composition analysis by commodity. Packet Page Number 33 of 240 Customer Service: Eureka Recycling will track compliments, complaints, missed pick-ups, late setouts, contamination issues, and phone calls to evaluate our customer service efforts. 6. Recycling in Maplewood's Parks In the summer of 2009 Eureka Recycling will complete a major project studying different ways to plan and implement public space recycling in several different types of parks in Saint Paul. This study will involve information on bin style and placement as well as signage. This study will be shared with the Ciry of Maplewood as they begin work on developing and implementing public space recycling in some of their parks. Eureka Recycling staff will be available to consult with city staff as they work on the best methods and communication strategies to address the issue of setting up recycling in public areas. Authorization IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. The Neighborhood Recycling Corporation, Inc. (D/B/A "Eureka Recycling"): By Date: Director of Customer Relations City of Maplewood: By City Environmental Manager Date: Packet Page Number 34 of 240 Agenda Item G3 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. Packet Page Number 35 of 240 Agenda Item G3 PREFERRED ALTERNATIVE SELECTED Based on detailed traffic analysis and public input, the Project Management Team has selected the Offset Single Point interchange (attached) 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 to http://www.sehinc.com/online/rice36/. Attachment: 1. Rice-TH36 Layout Packet Page Number 36 of 240 M Q ~~~~~~ .~ i ~ lt~li `0 ~ ~ ~ ~~ ~ ~~gg~ a q~gg~q~g~gy€gggy~g;:~ ~uuo~u~u i x .~ '. ,, 'Ei'- ~ ~' ~ - TJ I ~`. 11 4 ` y I - _. ~~ \ ~ of ` - <' 4 ~. 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Silver Star Families of America is requesting that city's across the country join them locally in proclaiming May 1St 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. After May 1St 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. Packet Page Number 38 of 240 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 Seal of the City of Maplewood in the State of Minnesota this day of April 13th in the year 2009. Mayor, Diana Longrie Attest: Karen Guilfoile, City Clerk Packet Page Number 39 of 240 Agenda Item J2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Century Avenue Improvements, City Project 03-15 a. Assessment Hearing, 7:00 p.m. b. Approve Resolution For Adoption of Assessment Roll DATE: April 20, 2009 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the May 11, 2009 council meeting, and consider approving the attached resolution adopting the assessment roll for all properties except those properties with submitted objections. BACKGROUND The Counties of Ramsey and Washington together with the Community City partners of Maplewood and Woodbury are reconstructing Century Avenue (CSAH 25 in Washington County/CSAH 72 in Ramsey County) and Valley Creek Road/Lower Afton Road (CSAH 16 in Washington County/CSAH 39 in Ramsey County). The Maplewood City Council ordered the preparation of a feasibility study at the April 9, 2007 regular meeting. On June 11, 2007 the city council accepted the feasibility report and ordered the public hearing. The public hearing notice was published twice and notice was sent to property owners. The project was then ordered to proceed at the June 25, 2007 council meeting after the public hearing was conducted. The assessment roll was ordered May 12, 2008 and on July 28, 2008 the contract for work was awarded to Danner Inc. in the amount of $12,647,701.32. On March 23, 2009 the council accepted the assessment roll and called the assessment hearing. The notice was published twice in the newspaper and was mailed to property owners as required by Minnesota State Statute 429. The project started in 2008 and has consisted mainly of utility relocations and pond construction. In 2009 the roadway work and signals are planned to be installed. The assessment hearing was delayed for one year since this was to be a 2 year phased project. The assessment rates are locked in at the lower 2008 rate since the public hearing was conducted last year. Improvements were warranted within the corridor based on increasing traffic volumes, poor intersection operations, safety concerns, access issues, and poor pavement conditions. Improvements in Maplewood consist of Century Avenue from Brookview Drive to Lake Road, and also Lower Afton Road from Century Avenue to one-quarter mile west. Packet Page Number 40 of 240 Agenda Item J2 ASSESSMENTS A copy of the assessment roll is provided as a supplement to this report. As outlined in the feasibility study, the assessments are based on the standard rates approved by council for the 2008 construction season, and are as follows: • Residential complete street reconstruct assessment $5,460.00 per unit • Residential storm sewer assessment $ 900.00 per unit • Commercial full reconstruction assessment $ 109.20 per FF • Commercial storm sewer assessment $ 18.00 per FF It should be noted that the 2008 rates apply for this project, which are 10% lower than 2009 rates. This is because the public hearing for the project was held in 2008 and ordered to proceed by council at that time. The total proposed assessment is $319,294.42, which equates to about 2.5% of the awarded construction contract amount. Assessment Objections Filed to Date As of April 20, 2009, staff has received one written objections to the proposed assessments as follows: 1. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005): It is currently proposed that the property be assessed along Century Avenue, and a portion of Upper Afton which is being reconstructed as part of the Century Avenue project. The objection has been provided as a supplement to this report. This item should be referred to staff for a recommendation on May 11, 2009. It should be noted that the 9 Century Avenue N property owner was granted a revision of assessment for the Upper Afton Road Improvements, City Project 07-27. There is 125 LF of frontage along Upper Afton Road, and council granted approval for this portion to be assessed as part of the Century Avenue Improvements ($7,037.50) as noted in the approval of revision which is attached. Staff will review all objections and provide the city council recommendations for motion at the May 11, 2009 council meeting. Objections will be received up to and as part of the assessment hearing on April 27, 2009. Once the hearing is closed, no further objections will be considered. BUDGET IMPACT There would be no impact to the budget based on the recommendation. An approved budget of $370,000 was previously set by council, with a majority of Maplewood's share paid by special assessments. Street & Storm Assessments: $ 312,158.73 MSAS Funds: $ 25,000.00 Sanitary Sewer Fund: $ 32,841.27 TOTAL $ 370,000.00 Packet Page Number 41 of 240 Agenda Item J2 RECOMMENDATION It is recommended that the city council approve the attached resolutions for Adoption of the Assessment Roll for the Century Avenue Improvement Project, City Project 03-15, less all objections received as noted within this report and objections received at the assessment hearing. Objections will be referred to staff for review and recommendation to the city council at the May 11, 2009 regular meeting. Attachments: 1. Resolution: Adopting Assessment Roll 2. Assessment Roll 3. Location Map 4. 9 Century Ave N: Century Ave Assessment objection 5. 9 Century Ave N: Upper Afton Assessment objection 6. 9 Century Ave N: Upper Afton Assessment revision letter Packet Page Number 42 of 240 Agenda Item J2 Attachment 1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 23~d, 2009, calling for a Public Hearing, the assessment roll for the Century Avenue Improvements, City Project 03-15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received, as noted above, along with any and all objections filed at the Assessment Hearing, and report to the City Council at the regular meeting on May 11th, 2009, as to their recommendations for adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments proposed for the above objections thereof and shall be included in the final recommendations of the City Engineer on May 11th, 2009. 2. The assessment roll for the Century Avenue Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential properties and 8 years for commercial properties; the first installments to be payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than November 1, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 27th day of April 2009. Packet Page Number 43 of 240 M O U N O U O ~' C N to to N to to Q rn c N N 0 Q E a~ 7 C N Q 7 C a~ U N Z W O O O O N I~ O O O O 0 V 0 0 0 0 0 0 0 l(') 0 OO Z W N ~ ~ ~ Q~ ~ N ~ O OO D O V 0 0 0 I~ O Q~ ~ ~ ~ N 0 O (O O M M M O N ~ O O 0 ~ W H (n I~ ~ rn ~ ~ ~ ~ ~ M ~ M ~ ~ N O ~ N O N ~ N N V N W ~ (A C1 r ~ ? ? ? ~? ~? ? ~? ? ~? ~? ~ ~ M Q Q ~ H H II Hw o o v o °o °o v o o o ~ a°o Hw ~ J W fA ~ aoo ~ ~ O O ~ apo ~ N ~ ~ W fA O ~ ~ ~ fA I~ M ~ O ~ ~ O M ~ O M M ~~ O ~ W ~ ~ ~ (p ~ OO ~ lf) ~ lf) ~ N ~ M O D O O ~ O ~ ~ W ~ ~ ER ER ER ER ER ~ ~ Q Q Z ~ W O O OM 0 0 0 0 0 O 0 0 0 0 Z ~ W O M ~~ 0 0 0 0 0 0 (O O O O 0 O N ~~ ~ ~ O fn V I~ V ~ 0 0 (O I~ O a O N V O~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c~i ~ ER ~ ~ W ~ ~ ~ ~ Q Q Q W Q W UH(7 ~ZQ o o o o ~ ao 0 o 0 0 0 0 0 0 0 0 0 0 0 0 U~(7 ~'ZQ `~' W O E l(7 O OO O N O l(') O l(7 O W O E ~~ O M l(') M V O l(7 N O N OO ~~ O M c~ W O ~ ~ ~ V N ~ I~ ~ ~ ~ LL O N O w O w U U Q Q O z O z N ~ ~ ~ ~ Z (n (n (n (n (n Z ~ Z Z Z Z II W W W W W W W ~ W W W W J ~ > w w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ H H H H H H H O H H H H z z z z z z z O z z z z w w w w w w w ~ w w w w U U U U U U U m U U U U H ~ wW ~ ~ ~ V ~ ~ N ~ V ~ O ~ ~ ~ N ~ I~ rn W rn H O ~ M ~ ~ N ~ Z J Q W w ~ a U ~ J ~ O U U z a z z Q ~ ~ ~ ~ Q J ~ ~ Q ~ O w p a > z z ~ ~ z ~ I u ~ ~ ~ a o ~ ~ J W w . 0 m ~ U a 0 0 0 O z ~ a = Q z ~ } z ~ Q ~ w U O H 0 ~ w W N OU ~ a H ~ L i ~ a m O ~ a ~ z w 0 O ~ ~ O O O O N O O O N ~ 0 0 0 0 0 0 O 00 O O O 00 W J _ _ _ _ V N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 N N 00 (n Q Q N N N N N N N N N N N N pp a 0 0 0 0 0 0 0 0 0 0 0 0 ° 0 N H Z 0 0 0 0 rn u w W O J Q H Z W C~ w O O H Z O 0 N O O ER II Agenda Item J2 Attachment 2 0 Packet Page Number 44 of 240 EXHIBIT 1 LOCATION MAP Agenda Item J2 Attachment 3 PROPOSED IMPROVEMENTS APLEWOOD WOODBURY E ROAD 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 (April 30, 200'x, The Lawrence Group;Apri130, 2007 for County parcel and property records data; April 2007 for commercial and Packet Page Number 45 of 240 Agenda Item J2 Attachment 4 April 20, 2009 The following Proposed assessment objection was received at City Hall and the original is on fife in the City Clerk's office. Please handle accordingly. Thank you, Lisa Kroll Citizen Ser-rices Packet Page Number 46 of 240 Agenda Item J2 Attachment 4 Hogda LLC D.B.A. Century Ave. Service 9 Century Ave N. Maplewood, MN 55119 Re: Proposed Assessment Dear Karen Guiifoile, P1eas~ accept this notice o1'objection delivered to you by U.S. Mail. Th~k-you, ~~--- Sean Kiger Packet Page Number 47 of 240 - _ ___ - - -- _ _ . --- _ Agenda Item J2 Attachment 4 STATE ~F 1VIfNNES~TA CT7'Y OF MAPLE~Q~f] CtaC~N~`i`~'" ~~~ 1tAATvlsl;Y SECaND Nn~C~A~ ~.rs~'ItTG".~ In l~.e: )?reposed 1'w,e~y caf Special r~.SSeSSillents Agairtst 9 Century Avenue T~orth St. ~'aul,lvlN 55 ~11 ~-=106 1V'~Ty~E ~1~ OJ~JECTIOI~ TU PFt~ri~DSEIU AS"ESSl1'~E1~IT '~'~: ~~~E ~4]l~'O]EtA~3~..E 1V1EAY~gt A1~lD IYIEMI~EI~~ ~-E'I'~E C`T~''Y" C(}C7IVCIEL 4~F T'~14: C~T'Y~ ~}E 11~A~'LE'6]V~[)b A1V'D TIDE 1l~A~'LEW~C~~D :I<T'Y' C~.E~il~. Notice is Hereby given that the undersigned, as fee o~vriers of the real property t~icated at 9 C~nt«ry AvenLxe blort}~, St. f`mul, MN ~~119-~7t36, ~'arcel7dentificatign No_O1-x.8221-4Q1J-(~~, object to tlxe proposed special assessment of their property fqr alle~;ecl in;pro<<enzez~ts to 9 Century A~cnue North resulting front t~:ity Project # t}.3-15: Centuxy Avenue TtnprarYements ~~pan the follo~ring grounds: 1. "fhe subject parcel leas not derived any special benefit from the allc~ed i~u:prgvements. Tq the egntrar~~, tlxe prgperty has been substantially ~lam~.ged aad diminished in market ~ralue as a rescxlt t~f the so-c~.lled iu~prc~vemei~ts. ~. The City has failed to obtain any before ~d after n~axlcet value appraisal to sustain any assessment against the subject property. ~. The pr~apgsed Criteria. and nnethod used Co determine the assessments upon tl~e subject property are nc~t proper far the imposition of a special assessment:, are not in accord with the ct~nstitutianat., ~tarutory or municipal assessment policy requircmE~nts, anci aart;, th~:refore, arbitra~~ and capricious, and thus, dcpriti>e tl~e t~nclersigned of property ~c~r~thorxt doe prgcess cif la~v, contrary to the requirements of the ~azited States Constitution. Packet Page Number 48 of 240 _ _ ._ _ _ _ _ .. _.. ___ ---... _ _ _... _ _. _ _ _ _ Agenda Item J2 - Attachment 4 $. The p~rc~pos~d ess~ssment includes Costs and cantin~~nc~ 1'actr~7~s not autltuxized under chapter 420 and i~ #herefnre, void. 5_ T1YC proposed assessment is cantra~'y' tp and violates Nfinr~esata ~tafixtes, Chapter X29. 6_ The pxvpvsed assessnivrit is arbitra~~a capric;ir~tt~, c4nf scataxy and tuvreasanabl~, 7. Tine proposed assessmC~xt dc~~s not result .in ~3t benefit, special or t~tho~~~ise, tt~ the subject pxol~exty. $. The s~Ybject property' is not specificaAy benefited by the in~prov~na~nt~;. 9. The subject proiaerry has not and will not inGrCase in ~naxl~et value ~ a rest~J.t bf' the in~prcr~rcn~~nt~. 10. ~l~ze levying of said assessment cdnstitnCes an tt~ncozlstitutional talcin~ of tttc ttnClersi~ne[3'S properr~=. 11. The public l~earin.g in said assessment Fvas not proper native in conft~rmi~Cy vuitll 1Vlinnosbta Statutes $29.0ti l anal 429.081 _ l2. The subject parcel has been ~tit~#aixly and ~tn~clnally assessed in conrparisv~j tv ache~• sir~ailaxlp situated properties xn violation of'state and fedexal law. Packet Page Number ~_ 49 of 240 Agenda Item J2 l3. 'The City his f~.iled C~ :~sssess ever assess~.l~lc Ic~t, piecE; pr p~•ce1 of Ian~'~chment 4 rec~tured ~it~esata ~ta~tues ~ 4~9.~~1. Dat~rl: April /~, 2~~9. T-~tJC~~7.A, LLC ?~ Marne. Richard ~,uhfs lts; Yresirlent ~~,. ~, ~' ~~ame: ar~ Ki~;er Tts; 'Vice pr~siden#. ~, Packet Page Number 50 of 240 ~"° ~? ~~;, ~~ ~~ h ~~ (~~~ °.~1 {Vrr `~ l; . •V y e~~~ V ~~ /\ -~ ~ ^~ 2 W r ~- ~ ~~ t/ .~ ~`+ y f ~~ ~( T -~y C.J '~ +l~ V ..3 j ~~ ~ {='E Packet Page Number 51 of 240 Agenda Item J2 Attachment 5 ®.~ ® a ~ ~. ~. _> ~ _ rasa o assesse parcel ~f~ ~ ~ ~. roe i entification nu er: (1 i it number) o you wish to address the city council tonight? ~ ~ ~ , Yes N o ,n~ Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must a completed and filed with the city clerk no later than the close of tonight's city council assessment hearin .Your request will become part of the public hearin record. I request that the city council consider (check one): a. ^ Deferral of assessment b. ^ Senior citizen deferment (over 65 years of age) dress of Proe ~ caner y ~ ' c ~<" ram„, ^ ~ ~,- 3~1~` `~~~"~„ ~ Zip telephone Packet Page Number 52 of 240 Agenda Item J2 Attachment 5 Hoga LLC 200 Centu Ave N. aplewood, 55116 6/9/2008 RE: Assessment Hearing Parcel Identification Number: 012822140005 City council of aplewood, Our concerns in regards to the above PIN 012822140005 are in relation with the work that Ramsey County is doing to Upper Afton & Century ave. Kriger's Inc. would like to know if the two entities are working together so that the same project is not done twice. We do not believe we would be responsible for assessments that may occur if Ramsey County has to tear up previous work done by the City of Maplewood. Is it possible that the two entities collaborate and try to do both projects at the same time. Rich Luhrs President dean iger Vice President ~ ~~.,a ._.~~ ___ y, Packet Page Number 53 of 240 Agenda Item J2 Attachment 6 June 17, 2008 ATTN: RICH LUHRS/SEAN KIGER HOGDA LLC 9 CENTURY AVENUE N MAPLEWOOD MN 55119 RE: Upper Afton Road Improvements, City Project 07-27 Assessment Objection Recommendation The city has reviewed your request to revise the assessment to your property (PIN 01.28.22.14.0005) associated with the above referenced project. Our recommendation to the council will be to grant the revision of assessment as this property, which has 125 LF of frontage on Upper Afton Road, will receive full benefit as part of the Century Avenue Improvements, City Project 03-15. The assessment amount will be reduced in full and added onto the preliminary assessment for City Project 03-15 and assessed at the time of improvements to Century Avenue. The Century Avenue project will extend into Upper Afton Road and the City and County have been coordinating that work to ensure driveway locations and match points are correct. The recommendation to the council will be made at the June 23~d, 2008 regular city council meeting. If you would like to further address the city council regarding the recommendation please attend the council meeting. The council meeting will begin at 7:00 pm in City Hall at 1830 County Road B East where the Council will hear the assessment objection recommendations. On June 23~d, if the city council chooses not to accept the staff recommendation and adopt the assessment as revised, then your next option would be to appeal the assessment to district court pursuant to Minn. Stat. 429.081, by serving notice of appeal upon the mayor or clerk within 30 days of the June 23~d meeting and filing such notice with the district court within 10 days after service upon the mayor or clerk. If you have any questions regarding our recommendation or the conditions stated above, please contact me at 651-249-2403. Sincerely, Michael Thompson Assistant City Engineer Cc: File: 07-27 Packet Page Number 54 of 240 Agenda Item J2 Attachment 6 June 17, 2008 ATTN: SEAN KIGER 4800 WILD CANYON DR WOODBURY, MN 55129 RE: Upper Afton Road Improvements, City Project 07-27 Assessment Objection Recommendation; HOGDA LLC; 9 CENTURY AVE N The city has reviewed your request to revise the assessment to your property (PIN 01.28.22.14.0005) associated with the above referenced project. Our recommendation to the council will be to grant the revision of assessment as this property, which has 125 LF of frontage on Upper Afton Road, will receive full benefit as part of the Century Avenue Improvements, City Project 03-15. The assessment amount will be reduced in full and added onto the preliminary assessment for City Project 03-15 and assessed at the time of improvements to Century Avenue. The Century Avenue project will extend into Upper Afton Road and the City and County have been coordinating that work to ensure driveway locations and match points are correct. The recommendation to the council will be made at the June 23~d, 2008 regular city council meeting. If you would like to further address the city council regarding the recommendation please attend the council meeting. The council meeting will begin at 7:00 pm in City Hall at 1830 County Road B East where the Council will hear the assessment objection recommendations. On June 23~d, if the city council chooses not to accept the staff recommendation and adopt the assessment as revised, then your next option would be to appeal the assessment to district court pursuant to Minn. Stat. 429.081, by serving notice of appeal upon the mayor or clerk within 30 days of the June 23~d meeting and filing such notice with the district court within 10 days after service upon the mayor or clerk. If you have any questions regarding our recommendation or the conditions stated above, please contact me at 651-249-2403. Sincerely, Michael Thompson Assistant City Engineer Cc: File: 07-27 Packet Page Number 55 of 240 Agenda Item K1 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director SUBJECT: Fish Creek Timeline Report DATE: April 21, 2009 INTRODUCTION At the April 13, 2009 City Council meeting, staff was directed to develop a "timeline" regarding the activities and correspondence that resulted in drafting a proposed bill - Fish Creek Natural Area Greenway, House File No. 2055. In addition, staff is also requesting support from the city council to assemble an "ad-hoc" commission that would explore future funding opportunities for the purchase of land within the Fish Creek Natural Area Greenway. BACKGROUND To that end, staff has put together the following timeline as it relates to the creation of the aforementioned bill: March 14, 2009 -staff receives email from Mr. Cockriel that speaks to Fish Creek our National Park. March 16, 2009 -staff receives copies of proposed bill drafts (House File No. 2054 and 2055) from Janelle Taylor, Legislative Analyst -House Research Department, March 16, 2009 -staff recommends that the proposed bill, House File No. 2055 - be amended to include the entire Fish Creek Natural Area Greenway for acquisition of land purposes. March 23, 2009 -City Council directs staff to work with our legislators to draft a bill that would appropriate funding for the acquisition of land within the Fish Creek Natural Area Greenway. March 24, 2009 -staff receives email from Mr. Collie, Committee Legislative Assistant for Representative Nora Slawik -Representative Slawik is discussing the bills with the Chair of the Environment Finance Committee on how best to proceed with the bills. March 24, 2009 -staff receives email from Senator Chuck Wiger stating that Representatives Slawik and Lillie and "I" have been working on legislation to purchase land along Fish Creek. March 26, 2009 -staff receives email from Representative Slawik announcing that House File No. 2055, Fish Creek Natural Area Greenway "is scheduled to be heard in front of the Environment and Natural Resources Finance Division Committee on Tuesday March 31St" March 27, 2009 -staff receives email from Representatives Slawik requesting that Councilmember Nephew and I coordinate the testimony for the hearing on March 31St Packet Page Number 56 of 240 March 27, 2009 -staff receives email from Representative Slawik announcing the hearing of House File No. 2055 on Tuesday, March 31St at approximately 9:30a.m. March 30, 2009 -meeting at Representative Slawik's office to discuss hearing logistics. Councilmember Nephew, Mr. Fischer, and I were present for this discussion. March 31, 2009 -Representative Slawik introduces House File No. 2055 -Fish Creek Natural Area Greenway - to the Environment and Natural Resources Finance Division. Councilmember Nephew, Mr. Fischer and I offer testimony in support of the bill and answer questions from members of the committee. April 13, 2009 -City Council adopts a Resolution Supporting the Fish Creek Natural Area Greenway. DISCUSSION In an effort to further the progression of the above timeline and to coordinate work towards securing future funding for the purchase of land within this greenway, staff is requesting support/direction from the City Council to assemble a team of interested parties. This Fish Creek Greenway Corridor team would be comprised of members knowledgeable in nature conservation and public entities. The commission would be charged with the task of developing options for acquisition of land in this greenway. Staff is proposing a seven to nine member commission representing a variety of entities. Possible representative groups include the city council, the Parks Commission, the Environmental and Natural Resource Commission, the Ramsey County Metro Watershed District, Ramsey County, Friends of Maplewood, Nature Conservancy, Friends of the Mississippi, Sierra Club, and St Paul and Woodbury. RECOMMENDATION Staff is recommending the city council give direction and support regarding the creation of this Fish Creek Greenway Corridor Commission (ad-hoc). Staff would like to bring back a proposal, provided direction is received from council, for discussion and consideration regarding the details of this commission. Packet Page Number 57 of 240 Item L1 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: April 21, 2009 SUBJECT: Citizen Request for Change of City Code Section 2 -5 Disposal of Real Property INTRODUCTION On April 14, 2009 a request from Dr. Julie Binko was received regarding a proposed ordinance revision for Section 2.5 of the city code. This section of the city code pertains to the sale of real property. Per your request, this item has been placed on the April 27, 2009 city council agenda as a citizen request for consideration at a future meeting of the city council. Packet Page Number 58 of 240 Agenda Item L2 AGENDA REPORT TO: City Council FROM: Charles Ahl, Assistant City Manager/Public Works Director SUBJECT: Report on KSTP Tower Report DATE: April 22, 2009 INTRODUCTION/SUMMARY Ralph, Virginia and Elizabeth Sletten from 2747 N. Clarence Street have petitioned an agenda item for a review of the KSTP Tower report. This is a follow-up from the original petition. The City Council reviewed the items from the Sletten's request at their February 23~d meeting. The issue of the KSTP Tower Report was referred to the second meeting of April. A copy of the KSTP Tower Report is attached. The inspection report indicates that the tower is a reasonably good shape. A review with the inspector indicates there are currently no concerns with the tower. It has a slight skew in alignment that staff has been told is typical for towers. ACTION PLANNED It is Community Development staff's opinion that KSTP has met their requirements with this report. We do not have the staff expertise to review this report on tower stability; however, this is an independent firm hired by KSTP. If the City Council wishes to further analyze the report, staff recommends that the Council authorize funds for an engineering firm to review the inspector's report. Staff does not view any information within the report to indicate any concerns. RECOMMENDATION Staff recommends no further action on this item required by the City Council. Attachments: 1. Sletten Request on Agenda item 2. KSTP Tower Report Packet Page Number 59 of 240 ------ Agenda Item L2 Attachment DATED MATERIAL -OFFICIAL WRITTEN RESPONSE REQ~(7IRED January 5, 2009 SENT VIA U.S. MAIL AND HAND DELIVERY To: Ma lewood Ci Council Mayor Diana Longrie John Nephew, Council Member Erik Hjelle, Council Member Kathleen Juenemann, Council Member Will Rossbach, Council Member Chuck Ahl, Interim City Manager Karen Guilfoile, City Clerk, Citizen Services Manager City of Maplewood 1$30 County Road B East Maplewood, Minnesota 55109 Fax: 651-249-2009 From: EIizabeth A. Sletten Ralph E. Sletten Veronica A. Sletten 2747 N. Clarence Street Maplewood, Minnesota 55109 Tel: 763-7$3-2473 or 651-4$4-7074 elizabeth007 comcast.net Re: OFFICIAL FORMAL REQUEST "Item to 6e Placed Upon the City Council Agenda for the next City Council meeting scheduled for January l2, 2009 Dear Council Member(s), Mr. Ahl and Ms. Guilfoile: WE RE VEST THE FOLLOWING ITEM BE PLACED ON THE CITY COUNCIL AGENDA OF .IANUARY 12 2009 PURSUANT TO COUNCIL RULES OF PROCEDURE FOR CITIZENS RE VESTING TO BE PLACED ON THE AGENDA; Update on the City Council's requestforActing City Manager ChuckAhl to meet with the Sletten's regarding the construction of a berm, retaining wall or other protective measures on the north side of certain private properties abutting wetlands of Ditch l$ to protect them from Packet Page Number 60 of 240 Agenda Item L2 Attachment the encroachment of public waters as part of the feasibility study for the street reconstruction project including north Clarence Street and the surrounding area. Please respond on or before January 9, 2009. r:z` Eliza eth A. Sletten Ral . Sletten Veronica A. Sletten Cc: Tom Grundhoefer, General Counsei, League of Minnesota Cities Insurance Truss Stanley S. Hubbard, Chairman and CEO, Hubbard Broadcasting, Inc. ("KSTP"} Clifton J. Aichinger, Adrnimstrator, Ramsey-Washington Metro Watershed District Plannin Commission Members Chair Lorraine B. Fischer, Vice Chair Tusher Desai, Gary A. Pearson, Dale Trippler, Joseph Walton, Jeremy Yarwood, Harland Hess, Joe Boeser, and Robert Martin Jr. Staff Liaison Torn Ekstrand Environmental and Natural Resources Commission Members Chair Ginny Yingling, Judith Johannessen, Carole Lynne, Carol Mason Sherrill, Frederica Musgrave, Bill Schreiner and Dale Trippler Packet Page Number 61 of 240 December 22, 2008 To: Chuck Ahl, Interim City Manager City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 Fax: 651-244-2009 From: Ralph E. Sletten Veronica A. Sletten Elizabeth A. Sletten 2747 N. Clarence Street Maplewood, Minnesota 55109 651-484-7074 Re: Official Response Requested: December 11, 2008 meeting Mr. Ahl: SENT VIA EMAIL AND US MAIL During our meeting, you stated that you would be writing a formal letter prior to the end of December 2008 and that it would include the following: 1. Confirmation of when the City of Maplewood and the Planning Department are prepared to show us a draft for the elimination of the man-made public water problem that is affecting our private properties. 2. Confirmation that our property will not be affected by the pending City of Maplewood Wetland Ordinance. 3. Confirmation that our property will not be financially affected by the City Project 08-11 - County Road C Area Street Improvements. 4. Confirmation that our property is not going to be affected by the instability of the KSTP Tower. This is to include a 2008 Report of the stability of the KSTP Tower. Today, we received a phone call from your office stating that we could "pick up some information." We are in receipt~of the following: 1. Email exchanges dated Tuesday, July 08, 2008 (Page 1 of 2, excluding attachment) a. From Rose Lorsung, Senior Planner for McCombs Frank Roos Associates, Inc. to Chuck Ahl; Cc: Shann Finwall (attachment was excluded). b. From Shann Finwall to Rose Lorsung and Chuck Ahl (attachment was excluded). 2. ~ Arel photo -page 6 from a letter dated July 11, 2008 from Shaun Finwall. 1 Packet Page Number 62 of 240 Agenda Item L2 Attachment 3. Email dated Tuesday, December 09, 2008 from Michael Thompson; sent to Chuck Ahl and Alan Kantrud; Cc: Steven Kummer and Jon Jarosch. 4. Statement of Real Estate Taxes Payable in 19G8, provided to you by the Sletten's. 5. Statement of Special Assessments; As certified to Ramsey County Auditor -provided to you by the Sletten's. b. Data Practices request dated December 11, 2008 -- requested by the Sletten's. For clarification, within the email from Shaun Finwall dated July 8, 2008, Ms. Finwall states "I have been working with the Slettens on this issue." Ms. Finwall on the record during a City Council meeting stated that the man-made wetland won't affect our property. However the following day after a City Council meeting, Ms. Finwall gave us a copy of a map prepared by city staff and stated "it will affect your property." Furthermore, within Ms. Finwall's letter dated July 11, 2008 she also resigned her statement from the public record. We have not had any additional direct communications from Ms. Finwall since that letter. Additionally, we have not had any direct communications with Rose Lorsung. Mr. Ahl, as you have admitted to us directly and on the public record, that the City of Maplewood, KSTP and Ramsey-Washington Watershed District have created aman-made waterway that has caused public waters onto KSTP and furthermore onto other private properties. During our meeting, you were also very adamant that you do not want to cause the City of Maplewood another federal.lawsuit. We look forward to your written response with the above on or before December 30, 2008 as you stated during our December 11, 2008 meeting. ~- - Ralp letten '~ ~- Veronica A. Sletten Eliza eth A. Sletten 2 Packet Page Number 63 of 240 Agenda Item L2 Attachment GOOD POOR RPAR CMTS Tower Site X 1 Driveway. X 2 Fence condition. NA -- - ~ - - 3 Grounding on fence. Circie one - Mechanical Cadweld 1Vone X 4 Building. Tower base 5 Foundation -Grout is not cracking, chalked; or settling. X 6 Foundation BoItslPin -Tight and no corrosion. X NA 7 Base is grounded. Transmission Line Bridge " X 8 Line Bridge and Line -Properly installed, bolts tight X and no corrosion. 9 Line Clamps -Properly installed. Bolts tight and X properly spaced.. 10 Waveguide Bridge Grounded -Properly grounded. X Mechanical Type -Connections are clean and tight. Cadweld Type - Weid .is goad and no corrosion around -uveld. Agenda Item L2 ', Attachment GOOD POQR RPAR CMTS X X X X X X X X _ NA X X X Tower S#ructure- - 11 bolt Connections - No missing or loose bolts, no corrosion. 12 Welded Connections. 13 Structural Members - no signs of bowing or fatigue in tower bracing and legs. 14 PrefonnslCable Clamps at Guy Points - no sign of movement, no corrosion. 15 Climbers Ladder -Properly secured. 16 Platforms and Antenna stand off -Bolts tight, no corrosion. 17 Mounts on water towers - Welds from mounts to tank - no corrosion, bolts are tight and Mount is level. 18 Exterior. _ Galvanization paint 19 Base Insulator and spark gap. ' Tower Lighting. - X ~ 2D Lights - Stfobes, Beacons and Obstruction lights work propei•h X 2T AI[ fixtures are mounted securely. X )( 22 Lenses -Lenses and red liners. are unbroken, The safety - chains and spring fasteners .are in good operating order and -free from corrosion. X _ _ 23 Vents and Drains - Strobes,_Beacons and Obstruction _ lights are open. X 24 Gaskets -Light fixture gaskets are not cracked or damaged. . i NA 25 Photo Cell -Working properly. X 26 Flasher -Working properly. X X 27 .Lighting Conduit and Junction Boxes -Tied to tower,_ - unbroken and rust free. X 28 Exferior Wiring - Elec#rical wire is riot cracked, brittle or corroded. E `° Packet Page N~~rber 66 of 240 Agenda Item L2 Attachment "~®wer 100' Guy 1 the fiberglass rods are starting to lose their Gel-coat. 130' 1ST set of side lights. The conduit is starting to corrode. 148' this is where the clamp that holds 3" ridged feedline in place fell down (note picture). The 318" bolt was gored so we couldn't fix it. '' 200' Guy 2 the fiberglass .rods are startirg to lose-their Gel=coat. 260' 15t Beacon OK 300' Guy 3 the fiberglass rods are starting to lose their Gel-coat. 326' The A1VI box and insulators are in this area. The insulators platforms all look OK. This is the area that the flex cable for tower lighting comes through (note pictures) the tape is breaking off conduit. _ 398' 2nd set side lights. The conduit is starting to corrode:, - 400.' Guy 4 the fiberglass rod are starting to lose-their Gel-coat. 500' Guy 5 the fiberglass rods are starting to lose their Gel-coat. This is where the tower goes doyen to a 24" Tower face. 530' 3rd set side lights. The conduit is starting to corrode. '', 53~' . Bottom. of 12 bay FM Antenna. It all looks good. - 630' Guy 7 OK - . 650' Tower top. Beacon and lighting cage-look good. Agenda Item L2 Attachment ~olllffientS 8. The line bridge post is missing a top post cover and there is no icebreaker over feedlines. 14. The fiberglass insulator rods are loosing their jelcoat. 16. The platform midway up Tower has some of the galvanizing missing where the ground-strap arced on grid work. 22. There is some corrosion on the side light conduit. 27. The clamps. holding conduit to Tower are. starting to rust. Tower-Tensions Inside pad North West guy pad East guy pad South west Guy Line #1 Wire Size 9/16" Tension # 4,200 # 5,100 # 5,100 Should be around # 3,500 Guy Line #2 Wire Size S/8" Tension # 4,700 # 3,900 # 3;800 Should be around # 4,240 Gu_v Line #3 Wire Size 3/4" Tension # 4,700 # 6,250 # 6;100 Should be around # 5,830 Outside guy pad ::; A - _. , . Guy Line #4 Wire Size S/8" Tension # 4;350 # 4,100 # 4;500 Should be around #.4,200 . Guv Line #~ Wire Size S/8" Tension'#'4,500 # 5,200 #4,600 Should be around # 4,200 Gu~~ Line #6 Wire Size'/4" Tension # 3,050 # ~,5~0 # x,700 Should be around # 5,830 Guy Line #7 Wire Size 3i4" Tension # x,050 #-5,200 # 5,200 Should be around # 5,830 The guy lines very a Tittle because there is a slight bow in the Tower. Agenda Item L2 Attachment Tower Alignment We set up the transit Northwest of tower and shat the Southwest tower leg. Guy 1. 1/z" to the Southwest Guy 2. 1" to the Southwest Guy 3. 1 1/z" to the Southwest - Guy 4.2" to the Southwest Guy 5. 2 ~/a" to the Southwest - Guy 6:. 2 1/2" to the Southwest Guy 7. ~" toe the Southwest We set up the transit Southwest of the tower and shot the Northwest tower leg. Guy 1. 1" to Southeast Guy 2. 1 1/d" to Southeast.. _ Guy 3. 1 %2" to Southeast. Guy 4.2" to Southeast .- . Guy 5. 3" to Southeast Guy b. 3" to Southeast- Guy 7: 3" to Southeast The Tower is a little out of alignment. But if you look at the height of the Tower its not real bad: If a person was to redo the tower alignment they may have to change out some pre-forms on-guy point. Some of the turnbuckles are almost all the way in. Final Coynnients Some of your static insulator chokes are hanging on one side or the other on the top a y line insulators. They are still up there but the wire broke at the clamp. The Tower itself looks to be in fairly good shape. ~', This is a picture showing the red paint being within the. color chart_ Paint is still OK. This is a picture showing no ice bride over feedlines_ You haven't ever had a ice bridge. If you ever have a bad ice storm it could hit the feedlines and take .you off the air. This is a picture showing you that you don't have a top cap on the middle post. If the post is set in concrete it could split the post. The ground is not clamped to pipe anymore. ~~ Agenda Item L2 Attachment ', Agenda Item L2 Attachment Note Gel coat on fiberglass rods is getting bad. I think a person could add more fiberglass over them. This is a picture showing the clamp holding conduit in place. Most of them clamps are rusting. This is a picture in a different spot showing another clamp ..rusting. This picture also. shows one of your clamps that go around feedline fell down. The 318" bolt was gored sb he couldn't fix it: Agenda Item L2 Attachment This is a picture showing Iighting flex conduit running under grid work: At the time we did. that we didn.'t want to wraplock it to Tower.- We thought that it would short out. is is a picture showing flex aduit rnnnirrg up Tower face. ere is TefEon spacers between zduit and Tower.. _ . is is a close up of the Teflon vveen Tower and flex iduit: The tape broke off at s point. Agenda Item L2 Attachment This picture is showing the Fiber lass rods that hold Feedlines and eondnit up: Some of the rods on the Tower have ground straps on them and the plastic ties are brakin; off. _. . This also shows the flees conduit and the Teflon spacer between the dia~onals_ E,_; _ -.:-. n ~-.:_ This is a picture of the lower side light, note corrosion at the elbows. This is typical of most of your sidelights. Packet Page Number 74 of 240 AGENDA NO. M-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: April 27, 2009 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: $ 285,337.46 Checks # 78131 thru # 78190 dated 04/06/09 thru 04/14/09 $ 335,384.79 Disbursements via debits to checking account dated 04/03/09 thru 04/10/09 $ 197,298.56 Checks # 78191 thru # 78230 dated 4/14/09 thru 4/21/09 $ 157,652.00 Disbursements via debits to checking account dated 4/10/09 thru 4/17/09 $ 975,672.81 Total Accounts Payable PAYROLL $ 577,328.35 Payroll Checks and Direct Deposits dated 04/17/2009 $ 2,606.16 Payroll Deduction check # 1007111 thru # 1007112 dated 04/17/09 $ 579,934.51 Total Payroll $ 1,555,607.32 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments P:WPPROVAL OF CLAIMS~2009~,4prClms 4-10 and 4-17.XLT Packet Page Number 75 of 240 Check Register City of Maplewood 04/10/2009 Check Date Vendor 78131 04/06/2009 00935 MAPLEWOOD FIRE FIGHTERS RELIEF 78132 04/07/2009 04261 THE GREEN INSTITUTE 78133 04/14/2009 00585 GOPHER STATE ONE-CALL 04/14/2009 00585 GOPHER STATE ONE-CALL 04/14/2009 00585 GOPHER STATE ONE-CALL 78134 04/14/2009 02728 KIMLEY-HORN & ASSOCIATES INC 78135 04/14/2009 01337 RAMSEY COUNTY-PROP REC & REV 78136 04/14/2009 01360 REINHART FOODSERVICE 04/14/2009 01360 REINHART FOODSERVICE 78137 04/14/2009 01546 SUBURBAN SPORTSWEAR 78138 04/14/2009 01798 YOCUM OIL CO. 78139 04/14/2009 00504 1ST LINE/LEEWES VENTURES LLC 78140 04/14/2009 04236 ABRAMS & SCHMIDT LLC 78141 04/14/2009 03813 AMERICAN SIGN BRACKETS 78142 04/14/2009 04008 AMERITAS 78143 04/14/2009 00111 ANIMAL CONTROL SERVICES 78144 04/14/2009 04260 BLUE CROSS BLUE SHIELD OF MN 78145 04/14/2009 00240 C.S.C. CREDIT SERVICES 78146 04/14/2009 00298 CITY ENGINEERS ASSOC OF MN 78147 04/14/2009 00384 DE LAGE LANDEN FINANCIAL SRVS 78148 04/14/2009 00412 DONALD SALVERDA & ASSOCIATES 78149 04/14/2009 00668 STEVEN HIEBERT 78150 04/14/2009 04152 ISD 622 COMMUNITY EDUCATION 78151 04/14/2009 04005 JOHN A DALSIN & SON, INC 78152 04/14/2009 02787 THOMAS M KALKA 78153 04/14/2009 03808 ALAN H. KANTRUD 78154 04/14/2009 00393 DEPT OF LABOR & INDUSTRY 78155 04/14/2009 00393 DEPT OF LABOR & INDUSTRY 78156 04/14/2009 00857 LEAGUE OF MINNESOTA CITIES 78157 04/14/2009 02336 M A TAYLOR INC 78158 04/14/2009 04114 MEDICARE PART B 78159 04/14/2009 01951 MEDICARE REFUND 78160 04/14/2009 02452 METRO CISM TEAM 78161 04/14/2009 03930 RAMSEY-WASHINGTON METRO 78162 04/14/2009 01079 MN CHIEFS OF POLICE ASSN 78163 04/14/2009 02144 MRCI 78164 04/14/2009 00001 ONE TIME VENDOR 78165 04/14/2009 00001 ONE TIME VENDOR 78166 04/14/2009 00001 ONE TIME VENDOR 78167 04/14/2009 00001 ONE TIME VENDOR 78168 04/14/2009 00001 ONE TIME VENDOR 78169 04/14/2009 00001 ONE TIME VENDOR 78170 04/14/2009 00001 ONE TIME VENDOR 78171 04/14/2009 00001 ONE TIME VENDOR 78172 04/14/2009 00001 ONE TIME VENDOR 78173 04/14/2009 00001 ONE TIME VENDOR 78174 04/14/2009 01254 PEPSI-COLA COMPANY 78175 04/14/2009 01284 POSTMASTER 78176 04/14/2009 04184 MICHELLE PRONSATI 78177 04/14/2009 04221 RANDY'S MEATS & GOOD STUFF 04/14/2009 04221 RANDY'S MEATS & GOOD STUFF 78178 04/14/2009 01359 REGAL AUTO WASH DETAIL XX 78179 04/14/2009 03446 RICK JOHNSON DEER & BEAVER INC 78180 04/14/2009 04219 DAVID ROBY 78181 04/14/2009 03704 RUESCH INTERNATIONAL INC Description ANNUAL FUNDING FOR PENSION-2008 RAINBARRELS -SHARE PROG NET BILLABLE TICKETS -MARCH NET BILLABLE TICKETS -JAN NET BILLABLE TICKETS -FEB PROJ 07-30 PROF SRVS THRU 2/28 FLEET SUPPORT FEB & MARCH MDSE FOR RESALE MDSE FOR RESALE SHIRTS FOR PROGRAMS/EMPLOYEE DYED UTRA LOW SULPHUR DIESEL MDSE FOR RESALE TRAINING REGISTRATION BRACKETS FOR STREET BLADE MONTHLY PREMIUM -APRIL PATROL & BOARDING FEES 3/9 - 4/5 TRANS MEDIC PATIENT AMB 8W4019 APPLICANT BACKGROUND CHECKS MEMBERSHIP DUES COPIER LEASE REGISTRATION FEE REIMB FOR SHOES 4/3 GYM USAGE FEES REPAIR ROOF LEAK AT MCC REIMB FOR LODGING 3/25 - 3/26 FOOD FOR COUNCIL 4/6 MONTHLY SURTAX -MARCH 6173123035 REGISTRATION FEES TRAINING REGISTRATION FITNESS CONSULTANT SRVS 1ST QTR TRANS MEDIC PATIENT AMB 8W3894 REFUND AMB 081512 TRAINING REGISTRATION PROJ 06-17 WATERSHIED PERMIT TRAINING REGISTRATION SURVEYING SUPPLIES REFUND J & C LEONARD BCBS BENEFIT REFUND T NELSON SWIM LESSONS REFUND L MCLADE CANCELLED REFUND H & R NEUMUELLER BCBS REFUND A BEAUDRY HP BENEFIT REFUND A MILLARD BCBS RETURN REFUND A EVERETT DOUBLE CHG REFUND C RICHARDSON CONCERT REFUND P WEBINGER CONCERT REFUND J ZOBOROWSKI BCBS BENEFIT MDSE FOR RESALE MAILING MAY CITY NEWS -PERMIT 4903 ZUMBA INSTRUCTION 3/5 - 4/23 MDSE FOR RESALE MDSE FOR RESALE CAR WASH SERVICES -MARCH DEER PICKUP -MARCH FLOOR HOCKEY INSTRUCTOR ANNUAL 3M EPAY RENEWAL Amount 117,600.00 6,400.00 301.75 300.55 191.70 877.15 1, 281.28 338.10 -84.06 535.00 6,189.00 264.75 450.00 870.35 9,813.92 2,994.41 1,836.50 50.33 60.00 271.57 400.00 43.99 526.25 1,745.55 212.68 29.99 181.86 100.00 20.00 1,500.00 318.75 317.63 75.00 91,200.00 480.00 2,162.22 160.00 155.00 140.00 140.00 80.00 40.00 37.37 35.23 21.35 20.00 908.40 4,500.00 887.60 205.40 82.80 81.06 200.00 72.00 150.00 Packet Page Number 76 of 240 78182 04/14/2009 04262 GREG SCHULZE GOLF PROGRAM -INSTRUCTOR 1,444.20 78183 04/14/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 70.23 04/14/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 50.45 04/14/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 40.56 78184 04/14/2009 01836 CITY OF ST PAUL PRINTING SRVS FOR MCC POSTERS 559.12 78185 04/14/2009 01565 SWEEPER SERVICES PARTS FOR SWEEPER 196.99 78186 04/14/2009 03843 TRANS-AUTO TRANSMISSION INC. OVERHAUL TRANSMISSION TRUCK #650 2,635.26 78187 04/14/2009 03334 UNIQUE PAVING MATERIALS CORP WINTER PATCHING MATERIALS 2,217.12 04/14/2009 03334 UNIQUE PAVING MATERIALS CORP WINTER PATCHING MATERIALS 262.42 78188 04/14/2009 02464 US BANK FUNDS FOR ATM 8,000.00 78189 04/14/2009 03460 VERIPIC A DIVISION OF VERIPIC GOLD FLOATING LICENSE 11,148.00 78190 04/14/2009 01750 THE WATSON CO INC MDSE FOR RESALE 372.22 04/14/2009 01750 THE WATSON CO INC MDSE FOR RESALE 337.00 04/14/2009 01750 THE WATSON CO INC MDSE FOR RESALE 231.46 285.337.46 60 Checks in this report. Packet Page Number 77 of 240 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 04/03/09 04/06/09 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 21,739.82 04/03/09 04/06/09 ICMA (Vantagepointe) Deferred Compensation 3,444.65 04/03/09 04/06/09 ARC Administration DCRP & Flex plan payments 24,061.00 04/03/09 04/03/09 MN Dept of Natural Resources DNR electronic licenses 1,120.50 04/06/09 04/07/09 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 24,049.35 04/06/09 04/07/09 US Treasurer Federal Payroll Tax (FICA) 90,093.00 04/06/09 04/07/09 PERA PERA 80,205.17 04/06/09 04/07/09 MN Dept of Revenue Fuel Tax 320.79 04/07/09 04/08/09 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 5,905.00 04/07/09 04/08/09 MN State Treasurer Drivers License/Deputy Registrar(city clrk) 18,799.19 04/07/09 04/08/09 WI Dept of Revenue State Payroll Tax 1,073.26 04/07/09 04/08/09 MN State Treasurer State Payroll Tax 18,533.10 04/07/09 04/08/09 Labor Unions Union Dues 2,014.00 04/08/09 04/09/09 Thurs MN State Treasurer Drivers License/Deputy Registrar(city clrk) 21,845.23 04/09/09 04/10/09 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 17,881.67 04/09/09 04/10/09 ARC Administration DCRP & Flex plan payments 4,299.06 TOTAL 'Detailed listing of VISA purchases is attached. 335,384.79 Packet Page Number 78 of 240 Check Register City of Maplewood 04/17/2009 Check 78191 78192 78193 78194 78195 78196 78197 78198 78199 78200 78201 78202 78203 78204 78205 78206 78207 78208 78209 78210 78211 78212 78213 78214 78215 78216 78217 78218 78219 78220 78221 78222 78223 78224 78225 78226 78227 78228 78229 78229 78230 Date Vendor Description Amount 04/14/2009 01341 RAMSEY CTY FIRE CHIEFS ASSN FIRE CHIEFS ASSOC BANQUET 90.00 04/14/2009 01026 DEPT OF TRANSPORTATION SPEC BOOKS 46.97 04/17/2009 00396 DEPT OF PUBLIC SAFETY TRANSFER TITLES FORFEITED VEHICLES 20.00 04/21/2009 01973 ERICKSON OIL PRODUCTS INC CAR WASH SERVICE -MARCH 145.18 04/21/2009 03576 EUREKA RECYCLING RECYCLING -APRIL 25,278.37 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 02728 01018 01337 01337 01190 01190 01190 01190 01190 01798 02411 03813 00115 00354 00412 04161 00612 03774 00638 01605 00891 00891 04060 01023 00001 00001 00001 04265 01338 01340 04219 04264 03073 03124 03124 01574 01634 01669 02464 03103 04263 04263 04263 04263 04263 04263 04263 04263 04263 04263 04263 04263 04263 03809 KIM LEY-HORN & ASSOCIATES INC MINNEAPOLIS FINANCE DEPT RAMSEY COUNTY-PROP REC & REV RAMSEY COUNTY-PROP REC & REV XCELENERGY XCELENERGY XCELENERGY XCELENERGY PROJ 07-15 PROF SRVS THRU 2/28 13,075.75 AUTO PAWN SYSTEM - FEB 321.00 911 DISPATCH SRVS -MARCH 18,147.92 XCELENERGY YOCUM OIL CO. ALEX AIR APPARATUS INC AMERICAN SIGN BRACKETS MANDY ANZALDI CUSTOM FIRE APPARATUS, INC. DONALD SALVERDA & ASSOCIATES EARTHWORKS GYM WORKS INC MILES HAMRE JANET GREW HAYMAN IFP TEST SERVICES INC MAMA MAMA MES - MIDAM MN COUNTY ATTORNEYS ASSN ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR MARIA PIRELA RAMSEY COUNTY-VITAL RECORDS REGIONS HOSPITAL DAVID ROBY RWMWD SANDERS WACKER BERGLY INC SOFTWARE HOUSEINTL SOFTWARE HOUSEINTL T.A. SCHIFSKY & SONS, INC TOUSLEY FORD, INC. TWIN CITIES TRANSPORT & US BANK WASHINGTON CTY CHIEF OF POLICE WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING WELD & SONS PLUMBING CASTE WYFFELS 40 Checks in this report. MESB & FLEET SUPPORT FEE - ELECTRIC UTILITY ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY FIRE SIRENS UNLEADED MID-GRADE GASOLINE REPAIR TO SCBA COMP BRACKETS FOR ST BLADE INSTALLATION REIMB FOR MILEAGE 1/1 - 3/31 TRUCK SUPPLIES BOOKS FOR EFFECTIVE MGMT PROG SUSTAINABLE LANDSCAPING REPAIR EXERCISE EQUIP MCC REIMB FOR MILEAGE 3/1 - 3/31 REIMB FOR MILEAGE 3-08 TO 11-08 PSYCHOLOGICAL EVALUATION MAMA MEETING MAMA MEETING SCBA PARTS BOOKS REFUND REGALREMODELERS BANQUET REFUND L DENNEY CANCELLED SWIM REFUND D HOM AMB 083196 ZUMBA INSTRUCTOR MARCH/APRIL NOTARY PUBLIC REG FEE FOR COUNTY MEDICAL SUPPLIES SOCCER/ACTIVITIES CLINIC - RAINGARDEN BOOKS WALTER STREET TRAIL CONSTRUCTION RENEWAL OF MICROSOFT ASSURANCE RENEWAL OF MICROSOFT ASSURANCE PROJ 07-15 LARK/PROSPERITY REPAIR FORD M2 TOWING FEES FOR FORFEITED FUNDS FOR ATM MEMBERSHIP FEES SEWER TELEVISING 08-20 SEWER TELEVISING 08-20 SEWER TELEVISING 08-10 REPAIR AFTER TELEVISING SEWER TELEVISING 08-20 SEWER TELEVISING 08-10 SEWER TELEVISING 08-20 SEWER TELEVISING 08-20 SEWER TELEVISING 08-20 SEWER TELEVISING 08-10 SEWER TELEVISING 08-20 SEWER TELEVISING 08-20 SEWER TELEVISING 08-20 RED CROSS INSTRUCTOR FEE 994.56 13, 996.80 5,594.65 2, 761.53 464.08 50.40 10, 888.64 289.72 613.24 104.50 243.01 66.94 500.00 1,164.91 6.49 142.06 425.00 25.00 25.00 595.34 227.00 85.00 23.00 20.00 1, 364.00 100.00 79.53 120.00 45.00 31, 684.88 1, 651.82 910.58 52, 939.95 100.00 1, 275.74 8, 000.00 50.00 370.00 265.00 250.00 215.00 200.00 175.00 155.00 150.00 150.00 125.00 120.00 125.00 125.00 120.00 197.298.56 Packet Page Number 79 of 240 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 04/10/09 04/13/09 Mon MN State Treasurer Drivers License/Deputy Registrar(city clrk) 19,110.46 04/10/09 04/13/09 MN Dept of Natural Resources DNR electronic licenses 1,129.50 04/13/09 04/14/09 Tues MN State Treasurer Drivers License/Deputy Registrar(city clrk) 23,116.01 04/14/09 04/15/09 Wed MN State Treasurer Drivers License/Deputy Registrar(city clrk) 4,045.50 04/14/09 04/15/09 MN State Treasurer Drivers License/Deputy Registrar(city clrk) 14,320.34 04/15/09 04/16/09 Thurs MN State Treasurer Drivers License/Deputy Registrar(city clrk) 27,448.78 04/15/09 04/16/09 Pitney Bowes Postage 2,985.00 04/15/09 04/16/09 US Bank VISA One Card' Purchasing Card Items 47,544.88 04/15/09 04/16/09 MN Dept of Revenue MN Care Tax 6,043.00 04/16/09 04/17/09 Fri MN State Treasurer Drivers License/Deputy Registrar(city clrk) 11,908.53 TOTAL 'Detailed listing of VISA purchases is attached. 157,652.00 Packet Page Number 80 of 240 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 04/17/09 BRUNSBERG, STEVEN 110.00 04/17/09 HJELLE, ERIK 416.42 04/17/09 JUENEMANN, KATHLEEN 416.42 04/17/09 NEPHEW, JOHN 416.42 04/17/09 PERKINS, MATTHEW 150.00 04/17/09 ROSSBACH, WILLIAM 416.42 04/17/09 AHL, R. CHARLES 4,821.44 04/17/09 ANTONEN, JAMES 5,300.00 04/17/09 BURLINGAME, SARAH 1,772.42 04/17/09 CHRISTENSON, SCOTT 1,825.35 04/17/09 FARR, LARRY 2,542.04 04/17/09 JAHN, DAVID 1,788.37 04/17/09 RAMEAUX, THERESE 2,942.51 04/17/09 FORMANEK, KAREN 1,633.35 04/17/09 MITTET, ROBERT 3,572.04 04/17/09 ANDERSON, CAROLE 2,747.82 04/17/09 DEBILZAN, JUDY 1,089.60 04/17/09 JACKSON, MARY 2,042.95 04/17/09 KELSEY, CONNIE 2,494.27 04/17/09 LAYMAN, COLLEEN 2,742.27 04/17/09 CAREY, HEIDI 2,377.35 04/17/09 GUILFOILE, KAREN 4,600.18 04/17/09 KROLL, LISA 1,599.18 04/17/09 NEPHEW, MICHELLE 1,572.15 04/17/09 SCHMIDT, DEBORAH 2,281.66 04/17/09 SPANGLER, EDNA 996.33 04/17/09 CORTESI, LUANNE 1,176.10 04/17/09 JAGOE, CAROL 1,833.17 04/17/09 KELLY, LISA 1,106.65 04/17/09 CARSON, MICHELLE 1,262.59 04/17/09 MECHELKE, SHERRIE 1,134.23 04/17/09 MOY, PAMELA 1,118.65 04/17/09 OSTER, ANDREA 2,000.27 04/17/09 WEAVER, KRISTINE 2,118.97 04/17/09 ARNOLD, AJLA 1,280.00 04/17/09 CORCORAN, THERESA 1,828.55 04/17/09 PALANK, MARY 1,830.86 04/17/09 POWELL, PHILIP 2,818.15 04/17/09 SVENDSEN, JOANNE 2,022.59 04/17/09 THOMALLA, DAVID 4,839.74 04/17/09 YOUNG, TAMELA 1,828.55 04/17/09 ABEL, CLINT 2,923.46 04/17/09 ALDRIDGE, MARK 2,804.87 04/17/09 BAKKE, LONN 2,826.25 04/17/09 BARTZ, PAUL 3,117.53 04/17/09 BELDE, STANLEY 2,958.77 04/17/09 BENJAMIN, MARKESE 2,158.37 04/17/09 BIERDEMAN, BRIAN 3,185.52 Packet Page Number 81 of 240 04/17/09 BOHL, JOHN 3,572. 34 04/17/09 BUSACK, DANIEL 3,258. 89 04/17/09 COFFEY, KEVIN 2,890. 32 04/17/09 GROTTY, KERRY 3,195. 49 04/17/09 DEMULLING, JOSEPH 2,093. 98 04/17/09 DOBLAR, RICHARD 3,281. 56 04/17/09 FRITZE, DEREK 2,668 .85 04/17/09 GABRIEL, ANTHONY 3,050. 22 04/17/09 HAWI{INSONJR, TIMOTHY 2,146. 83 04/17/09 HER, PHENG 1,840. 88 04/17/09 HIEBERT, STEVEN 2,894 .65 04/17/09 JOHNSON, KEVIN 3,663. 41 04/17/09 KALKA, THOMAS 821. 48 04/17/09 KARIS, FLINT 3,359. 90 04/17/09 KONG, TOMMY 2,749. 10 04/17/09 KREKELER, NICHOLAS 713. 08 04/17/09 KROLL, BRETT 2,791 .92 04/17/09 KVAM, DAVID 3,980. 20 04/17/09 LANGNER, TODD 2,892. 83 04/17/09 CARSON, DANIEL 2,899. 85 04/17/09 LU, JOHNNIE 2,962. 66 04/17/09 MARINO, JASON 2,976. 42 04/17/09 MARTIN, JERROLD 2,900. 96 04/17/09 MCCARTY, GLEN 2,897. 45 04/17/09 METRY, ALESIA 2,693. 52 04/17/09 NYE, MICHAEL 2,693. 52 04/17/09 OLSON, JULIE 2,889. 33 04/17/09 PALMA, STEVEN 3,058. 24 04/17/09 RABBETT, KEVIN 3,825. 00 04/17/09 RHUDE, MATTHEW 2,880. 67 04/17/09 SHORTREED, MICHAEL 3,881. 66 04/17/09 STEFFEN, SCOTT 3,584. 27 04/17/09 STEINER, JOSEPH 3,442. 58 04/17/09 SYPNIEWSKI, WILLIAM 2,681. 98 04/17/09 SZCZEPANSKI, THOMAS 2,881. 88 04/17/09 TAUZELL, BRIAN 1,840. 88 04/17/09 TRAN, JOSEPH 2,841. 12 04/17/09 WENZEL, JAY 2,950. 10 04/17/09 XIONG, KAO 2,670. 44 04/17/09 BERGERON, JOSEPH 3,662. 63 04/17/09 DUGAS, MICHAEL 3,161. 05 04/17/09 ERICKSON, VIRGINIA 3,048. 94 04/17/09 FLOR, TIMOTHY 3,212. 08 04/17/09 ERASER, JOHN 3,240. 37 04/17/09 LANGNER, SCOTT 2,896. 00 04/17/09 THEISEN, PAUL 2,822. 30 04/17/09 THIENES, PAUL 2,956. 73 04/17/09 AMBORN, JASON 645. 68 04/17/09 BASSETT, BRENT 1,040. 72 04/17/09 BADMAN, ANDREW 2,303. 47 04/17/09 BECK, PATRICK 1,022. 72 04/17/09 BECK, YANCEY 1,121. 92 04/17/09 BRUCKNER, KEVIN 358. 29 04/17/09 BUCHE, JOETTE 2,440. 64 04/17/09 CAPISTRANT, JACOB 800. 01 04/17/09 CAPISTRANT, JOHN 2,807. 40 04/17/09 CARDINAL, NICHOLAS 580. 23 Packet Page Number 82 of 240 04/17/09 CRUMMY, CHARLES 1,440.40 04/17/09 DAWSON, RICHARD 2,690.65 04/17/09 DOLLERSCHELL, ROBERT 293.39 04/17/09 EVANS, JASON 892.80 04/17/09 EVERSON, PAUL 3,110.08 04/17/09 FASULO, WALTER 1,369.68 04/17/09 FERGUSON, ROBERT 959.52 04/17/09 FITZGERALD, EDWARD 892.80 04/17/09 FOSSUM, ANDREW 2,257.66 04/17/09 GARZA, BRANDON 743.12 04/17/09 GOOD, BROCK 64.96 04/17/09 HAGEN, MICHAEL 1,351.04 04/17/09 HEFFERNAN, PATRICK 1,742.00 04/17/09 HILL, ZACHARY 699.66 04/17/09 HJELLE, ERIK 1,940.32 04/17/09 IlVIM, TRACY 1,739.08 04/17/09 JOHNSON, JAMES 1,414.80 04/17/09 JONES, JONATHAN 893.25 04/17/09 JUNGMANN, BERNARD 3,279.71 04/17/09 KALKA, THOMAS 2,767.20 04/17/09 KANE, ROBERT 2,325.44 04/17/09 KARNOWSKI, SANDRA 2,150.32 04/17/09 KORTUS, WILLIAM 1,157.28 04/17/09 LIDBERG, MICHAEL 827.84 04/17/09 LOCHEN, MICHAEL 1,865.00 04/17/09 MAHONEY, KENNETH 878.32 04/17/09 MILLER, NICHOLAS 1,394.48 04/17/09 MORGAN, JEFFERY 1,692.80 04/17/09 NALIPINSKI, STEPHEN 1,748.48 04/17/09 NAVARRO, ANTHONY 82.89 04/17/09 NIELSEN, KENNETH 837.63 04/17/09 NOLAN, PAUL 1,182.72 04/17/09 NOVAK, JEROME 2,774.50 04/17/09 NOWICKI, PAUL 2,031.36 04/17/09 O'GRADY, BENJAMIN 69.60 04/17/09 OLSON, JAMES 2,183.79 04/17/09 OPHEIM, JOHN 2,216.40 04/17/09 PERBIX, CHARLES 2,280.74 04/17/09 PETERSON, MARK 1,919.00 04/17/09 PETERSON, ROBERT 2,868.34 04/17/09 PODOBINSKI, LAURENCE 1,416.00 04/17/09 POWERS, KENNETH 1,271.16 04/17/09 RAINEY, JAMES 2,064.96 04/17/09 RAVENWALD, CORINNE 981.44 04/17/09 REYNOSO, ANGEL 813.36 04/17/09 RICE, CHRISTOPHER 1,368.36 04/17/09 RICHARDSON, ANDREA 2,280.74 04/17/09 RODRIGUEZ, REBECCA 478.00 04/17/09 RODRIGUEZ, ROBERTO 1,250.08 04/17/09 ROMANIK, JAMES 1,262.80 04/17/09 SCHULTZ, JEROME 1,526.16 04/17/09 SCHWARTZ, SHAWN 939.76 04/17/09 SEDLACEK, JEFFREY 2,497.80 04/17/09 SHERMAN, CHRIS 1,060.11 04/17/09 STREFF, MICHAEL 2,195.33 04/17/09 SVENDSEN, RONALD 2,855.54 04/17/09 WHELEHAN, ROBERT 1,347.52 Packet Page Number 83 of 240 04/17/09 WHITE, JOEL 1,548 .76 04/17/09 WYSE, ROBERT 829 .60 04/17/09 YANG, LEE 753. 66 04/17/09 GERVAIS-JR, CLARENCE 3,440. 23 04/17/09 LUKIN, STEVEN 4,387. 97 04/17/09 ZWIEG, SUSAN 2,170. 15 04/17/09 KNUTSON, LOIS 1,848. 57 04/17/09 NIVEN, AMY 1,460. 54 04/17/09 PRIEFER, WILLIAM 2,633 .26 04/17/09 BRINK, TROY 2,088. 55 04/17/09 BUCKLEY, BRENT 1,788. 55 04/17/09 DEBILZAN, THOMAS 2,120. 56 04/17/09 EDGE, DOUGLAS 2,080. 55 04/17/09 JONES, DONALD 2,064. 55 04/17/09 MEISSNER, BRENT 1,626. 15 04/17/09 MEYER, GERALD 2,147. 39 04/17/09 NAGEL, BRYAN 3,105. 66 04/17/09 OSWALD, ERICK 2,523. 87 04/17/09 RUNNING, ROBERT 2,281. 47 04/17/09 TEVLIN, TODD 2,080. 55 04/17/09 BURLINGAME, NATHAN 1,761. 35 04/17/09 DUCHARME, JOHN 2,634. 06 04/17/09 ENGSTROM, ANDREW 2,170. 16 04/17/09 JACOBSON, SCOTT 2,277. 37 04/17/09 JAROSCH, JONATHAN 2,602. 83 04/17/09 KREGER, JASON 1,846. 95 04/17/09 KUMMER, STEVEN 2,890. 95 04/17/09 LINDBLOM, RANDAL 2,636. 37 04/17/09 LOVE, STEVEN 2,675. 79 04/17/09 O'CONNOR, DONOVAN 916. 50 04/17/09 THOMPSON, MICHAEL 3,314. 99 04/17/09 ZIEMAN, SCOTT 158. 40 04/17/09 EDSON, DAVID 2,222. 21 04/17/09 HINNENKAMP, GARY 2,077. 66 04/17/09 MARUSKA, MARK 3,090. 00 04/17/09 NAUGHTON, JOHN 2,064. 55 04/17/09 NORDQUIST, RICHARD 2,066. 86 04/17/09 NOVAK, MICHAEL 601. 21 04/17/09 SCHINDELDECKER, JAMES 2,069. 17 04/17/09 BIESANZ, OAKLEY 1,223. 59 04/17/09 DEAVER, CHARLES 274. 48 04/17/09 GERNES, CAROLE 632. 88 04/17/09 HAYMAN, JANET 1,258. 10 04/17/09 HUTCHINSON, ANN 2,546. 16 04/17/09 SOUTTER, CHRISTINE 232. 56 04/17/09 WACHAL, KAREN 725. 95 04/17/09 PINWALE, SHANN 2,989. 36 04/17/09 FRY, PATRICIA 1,898. 06 04/17/09 GAYNOR, VIRGINIA 2,827. 97 04/17/09 HALL, KATHLEEN 72 .00 04/17/09 KONEWKO, DUWAYNE 4,162. 50 04/17/09 SINDT, ANDREA 1,977. 35 04/17/09 THOMPSON, DEBRA 731. 42 04/17/09 EKSTRAND, THOMAS 3,707. 78 04/17/09 MARTIN, MICHAEL 2,344. 56 04/17/09 BRASH, JASON 1,981. 35 04/17/09 CARVER, NICHOLAS 3,118. 02 Packet Page Number 84 of 240 04/17/09 FISHER, DAVID 3,687.08 04/17/09 RICE, MICHAEL 2,486.15 04/17/09 SWAN, DAVID 2,559.75 04/17/09 WELLENS, MOLLY 1,462.43 04/17/09 BERGER, STEPHANIE 267.75 04/17/09 BJORK, BRANDON 253.00 04/17/09 JANASZAK, MEGHAN 821.25 04/17/09 KOHLMAN, JENNIFER 254.25 04/17/09 ROBBINS, AUDRA 2,513.20 04/17/09 ROBBINS, CAMDEN 128.50 04/17/09 SCHALLER, SCOTT 342.38 04/17/09 SHERRILL, CAITLIN 684.01 04/17/09 STAPLES, PAULINE 3,309.18 04/17/09 TAUBMAN, DOUGLAS 3,208.66 04/17/09 TAYLOR, JAMES 2,090.42 04/17/09 ADAMS, DAVID 1,550.95 04/17/09 GERMAIN, DAVID 2,073.79 04/17/09 HAAG, MARK 2,064.56 04/17/09 NADEAU, EDWARD 3,485.52 04/17/09 SCHULTZ, SCOTT 2,418.33 04/17/09 ANZALDI, MANDY 1,912.57 04/17/09 BERGLUND, DANIEL 323.00 04/17/09 BRENEMAN, NEIL, 1,793.02 04/17/09 CRAWFORD - JR, RAYMOND 889.50 04/17/09 DICKS, JOHN 162.00 04/17/09 EVANS, CHRISTINE 1,059.46 04/17/09 FABIO-SHANLEY, MICHAEL 192.05 04/17/09 GLASS, JEAN 2,041.87 04/17/09 HANSEN, LORI 2,692.83 04/17/09 HER, CHONG 620.00 04/17/09 HER, PETER 162.80 04/17/09 HIX, MELINDA 181.50 04/17/09 HOFMEISTER, MARY 901.24 04/17/09 HOFMEISTER, TIMOTHY 324.00 04/17/09 NAGEL, BROOKE 156.00 04/17/09 PELOQUIN, PENNYE 584.43 04/17/09 PENN, CHRISTINE 2,320.00 04/17/09 SCHOENECKER, LEIGH 491.75 04/17/09 VANG, KAY 232.00 04/17/09 VANG, TIM 168.00 04/17/09 ZIELINSKI, JUDY 38.50 04/17/09 AICHELE, MEGAN 27.00 04/17/09 BAUDE, SARAH 124.25 04/17/09 BEITLER, JULLE 144.50 04/17/09 BENJAMIN, AYLA 156.94 04/17/09 BIGGS, ANNETTE 106.25 04/17/09 BRUSOE, AMY 83.70 04/17/09 BRUSOE, CRISTINA 275.01 04/17/09 BUCKLEY, BRITTANY 89.61 04/17/09 CAMPBELL, JESSICA 144.00 04/17/09 CLARK, PAMELA 90.00 04/17/09 DEMPSEY, BETH 171.50 04/17/09 DUNN, RYAN 1,091.31 04/17/09 ERICKSON-CLARK, CAROL 47.50 04/17/09 FLACKEY, MAUREEN 87.75 04/17/09 GIEL, NICOLE 51.00 04/17/09 GRUENHAGEN, LINDA 301.80 Packet Page Number 85 of 240 04/17/09 HOLMBERG, LADONNA 445.00 04/17/09 HORWATH, RONALD 2,513.20 04/17/09 JOHNSON, JAMES 214.00 04/17/09 JOSSART, ANGELA 34.00 04/17/09 JOYER, JENNA 106.50 04/17/09 KOGLER, RYAN 109.00 04/17/09 KRONHOLM, KATHRYN 594.83 04/17/09 KURZHAL, ALISON 63.00 04/17/09 LAMEYER, ZACHARY 108.63 04/17/09 MANZELLA, TERESA 34.00 04/17/09 MATESKI, WAYNE 131.00 04/17/09 MCCANN, NATALIE 90.00 04/17/09 MCCARTHY, ERICA 65.00 04/17/09 NADEAU, KELLY 133.25 04/17/09 OBRIEN, JULIE 120.00 04/17/09 OLSON, SANDRA 717.50 04/17/09 PEHOSKI, JOEL 100.00 04/17/09 PROESCH, ANDY 611.54 04/17/09 RENFORD, NATHAN 227.50 04/17/09 RHODY, DIANE 565.50 04/17/09 RICHTER, DANIEL 35.50 04/17/09 RICHTER, NANCY 1,478.28 04/17/09 RONNING, ISAIAH 194.25 04/17/09 SCHAEFER, NATALIE 141.88 04/17/09 SCHREIER, ROSEMARIE 159.75 04/17/09 SCHUNEMAN, GREGORY 36.91 04/17/09 SJERVEN, BRENDA 93.50 04/17/09 SKAAR, SAMANTHA 108.00 04/17/09 SKUNES, KELLY 70.00 04/17/09 SMITH, ANN 237.00 04/17/09 SMITLEY, SHARON 125.75 04/17/09 TUPY, ELIANA 34.00 04/17/09 TUPY, HEIDE 266.40 04/17/09 TUPY, MARCUS 276.60 04/17/09 WARNER, CAROLYN 362.60 04/17/09 WEDES, CARYL 49.00 04/17/09 WEEVER, NAOMI 75.25 04/17/09 WOLFGRAM, MARY 49.40 04/17/09 WOLFGRAM, TERESA 169.08 04/17/09 WOODMAN, ALICE 138.00 04/17/09 YOUNCE, BLAISE 77.00 04/17/09 ZALK, IDA 92.20 04/17/09 BOSLEY, CAROL 233.70 04/17/09 HOLMGREN, STEPHANIE 170.00 04/17/09 LANGER, CHELSEA 227.75 04/17/09 LANGER, KAYLYN 194.50 04/17/09 ZAGER, LINNEA 201.88 04/17/09 BEHAN, JAMES 2,031.56 04/17/09 CURRAN, JAMES 360.00 04/17/09 DOUGLASS, TOM 1,275.96 04/17/09 LONETTI, JAMES 492.00 04/17/09 MALONEY, SHAWNA 112.00 04/17/09 PRINS, KELLY 1,279.50 04/17/09 REILLY, MICHAEL 1,861.35 04/17/09 SCHOENECKER, KYLE 141.75 04/17/09 VALERIO, TARA 319.00 04/17/09 HAMRE, MILES 833.25 Packet Page Number 86 of 240 04/17/09 AICHELE, CRAIG 2,125. 19 04/17/09 PRISM, STEVEN 2,322. 15 04/17/09 WOEHRLE, MATTHEW 1,978. 15 04/17/09 BERGO, CHAD 2,574. 18 04/17/09 FOWLDS, MYCHAL 3,085. 88 04/17/09 FRANZEN, NICHOLAS 2,157. 86 1007067 04/17/09 LONGRIE, DIANA 473. 15 1007068 04/17/09 WELCHLIN, CABOT 2,855. 76 1007069 04/17/09 ACOSTA, MARK 1,105. 68 1007070 04/17/09 ANDERSON, BRIAN 1,588. 48 1007071 04/17/09 BAHL, DAVID 1,629. 52 1007072 04/17/09 BOURQUIN, RON 1,873. 68 1007073 04/17/09 DITTEL, MICHAEL 1,356. 96 1007074 04/17/09 HALE, JOSEPH 1,777. 44 1007075 04/17/09 HERLUND, RICK 2,315. 68 1007076 04/17/09 HUTCHINSON, JAMES 1,992. 08 1007077 04/17/09 KONDER, RONALD 1,205. 52 1007078 04/17/09 MALLORY, GORDON 1,969. 36 1007079 04/17/09 MCGOVERN, JOHN 1,095. 84 1007080 04/17/09 MELANDER, JON 2,047. 04 1007081 04/17/09 MELLEN, RICHARD 1,201. 36 1007082 04/17/09 ROBERTSON, STEVEN 1,015. 68 1007083 04/17/09 SKOK, STEPHEN 1,304. 72 1007084 04/17/09 SOLHEID, DALE 808. 08 1007085 04/17/09 BEHM, LOIS 75. 00 1007086 04/17/09 GRAVES, CONNIE 128. 00 1007087 04/17/09 NAGEL, BRANDON 98. 00 1007088 04/17/09 VUE, LOR PAO 286. 00 1007089 04/17/09 BUSSING, DYLAN 70. 00 1007090 04/17/09 COLEMAN, DAYSHIA 92. 50 1007091 04/17/09 FENGER, NSTIN 84. 23 1007092 04/17/09 GRANT, MELISSA 240. 50 1007093 04/17/09 HANSEN, HANNAH 103. 75 1007094 04/17/09 HANSON, MATTHEW 184. 88 1007095 04/17/09 LAMSON, KEVIN 21. 00 1007096 04/17/09 MCCORMACK, MELISSA 35. 00 1007097 04/17/09 MCLAURIN, CHRISTOPHER 386. 40 1007098 04/17/09 MORIS, RACHEL 78. 00 1007099 04/17/09 NWANOKWALE, MORDY 115. 80 1007100 04/17/09 OLSON, SHELBY 18. 00 1007101 04/17/09 ROSTRON, ROBERT 438. 00 1007102 04/17/09 SCHAEFER, JAMES 261. 21 1007103 04/17/09 SCHMIDT, JOHN 95. 80 1007104 04/17/09 WALKER, TYLER 70. 00 1007105 04/17/09 DANIEL, BREANNA 102. 13 1007106 04/17/09 HER, KIM 99. 89 1007107 04/17/09 HER, SHILLAME 144. 00 1007108 04/17/09 BOWMAN, MATTHEW 169. 05 1007109 04/17/09 SCHULZE, KEVIN 447. 30 1007110 04/17/09 STEFFEN, MICHAEL 56. 00 TOTAL 577,328. 35 Packet Page Number 87 of 240 Trans Date Posting Date Merchant Name Trans Amount Name 3/31/2009 4/01/2009 GOVTTRNGSVC $225.00 JAMES ANTONEN 4/05/2009 4/07/2009 GRAND VIEW LODGE & TENNIS $50.00 JAMES ANTONEN 3/28/2009 3/30/2009 CUB FOODS, INC. $3.18 MANDY ANZALDI 4/03/2009 4/06/2009 JOANN ETC #1970 $121.85 MANDY ANZALDI 4/03/2009 4/06/2009 MICHAELS #2744 $27.55 MANDY ANZALDI 4/03/2009 4/06/2009 PARTY CITY #768 $91.52 MANDY ANZALDI 4/05/2009 4/06/2009 TARGET 00011858 $19.77 MANDY ANZALDI 3/27/2009 3/30/2009 A.P.I. SUPPLY INC $512.41 JIM BEHAN 3/30/2009 3/31/2009 MUSKA LIGHTING CENTER $385.64 JIM BEHAN 3/30/2009 3/31/2009 RED WING SHOE STORE $113.00 JIM BEHAN 3/30/2009 4/01/2009 OFFICE MAX $100.31 JIM BEHAN 4/01/2009 4/02/2009 NUCO2 $41.63 JIM BEHAN 4/01/2009 4/02/2009 NUCO2 $48.11 JIM BEHAN 4/01/2009 4/02/2009 NUCO2 $56.58 JIM BEHAN 4/01/2009 4/02/2009 NUCO2 $57.18 JIM BEHAN 4/02/2009 4/03/2009 NUCO2 $58.79 JIM BEHAN 4/02/2009 4/03/2009 NUCO2 $62.93 JIM BEHAN 4/06/2009 4/07/2009 MAINTENANCE ENGINEERING $220.53 JIM BEHAN 4/07/2009 4/09/2009 AQUA LOGIC INC $725.21 JIM BEHAN 4/07/2009 4/09/2009 AQUA LOGIC INC $762.06 JIM BEHAN 4/07/2009 4/09/2009 THE HOME DEPOT 2801 $17.01 JIM BEHAN 4/07/2009 4/09/2009 DEPARTMENT OF LABOR AND I $20.00 JIM BEHAN 3/29/2009 3/30/2009 GOOGLE *TIGERDIRECT $539.59 CHAD BERGO 4/03/2009 4/06/2009 OFFICE DEPOT #1170 $121.03 CHAD BERGO 4/03/2009 4/06/2009 GOOGLE *BARGAINCELL $80.96 CHAD BERGO 3/28/2009 3/31/2009 7 CORNERS ACE HARDWARE $17.50 RON BOURQUIN 4/07/2009 4/08/2009 MENARDS 3022 $36.52 RON BOURQUIN 4/07/2009 4/09/2009 HOLIDAY STNSTORE 3830 $5.33 RON BOURQUIN 4/01/2009 4/02/2009 CLOVER SUPER FOODS $202.26 NEIL BRENEMAN 4/02/2009 4/03/2009 CUB FOODS, INC. $3.98 NEIL BRENEMAN 4/07/2009 4/08/2009 PRICE CHOPPER INC $112.65 NEIL BRENEMAN 4/08/2009 4/09/2009 ARAMARK MINNEAPOLIS OCS $563.39 NEIL BRENEMAN 3/26/2009 3/30/2009 INNOVATIVE COLOR PRINTING $601.73 HEIDI CAREY 4/06/2009 4/07/2009 VZWRLSS*APOCC VISN $96.49 HEIDI CAREY 4/06/2009 4/07/2009 USADATA.COM SALESLEADS $115.00 HEIDI CAREY 4/09/2009 4/10/2009 CONSTBK*1013240553 $113.80 NICHOLAS CARVER 3/26/2009 3/30/2009 VIKING ELEC-CREDIT DEPT. $358.13 SCOTT CHRISTENSON 3/30/2009 4/01/2009 THE HOME DEPOT 2801 $14.88 SCOTT CHRISTENSON 4/01/2009 4/03/2009 VIKING ELEC-CREDIT DEPT. $367.81 SCOTT CHRISTENSON 4/02/2009 4/06/2009 VIKING ELEC-CREDIT DEPT. ($167.87) SCOTT CHRISTENSON 4/02/2009 4/06/2009 STATE SUPPLY COMPANY $60.72 SCOTT CHRISTENSON 4/02/2009 4/06/2009 VIKING ELEC-CREDIT DEPT. $51.24 SCOTT CHRISTENSON 4/03/2009 4/06/2009 THE HOME DEPOT 2801 $10.74 SCOTT CHRISTENSON 4/06/2009 4/08/2009 THE HOME DEPOT 2801 $38.26 SCOTT CHRISTENSON 4/08/2009 4/10/2009 THE HOME DEPOT 2801 $3.10 SCOTT CHRISTENSON 4/08/2009 4/09/2009 G & K SERVICES 006 $48.22 CHARLES DEAVER 3/30/2009 3/31/2009 PATIO TOWN OAKDALE $101.20 DAVE EDSON 4/01/2009 4/03/2009 MILLS FLEET FARM #27 $91.78 DAVE EDSON 4/03/2009 4/06/2009 PATIO TOWN OAKDALE $101.20 DAVE EDSON 4/06/2009 4/07/2009 SAFETY GEAR DEPOT $51.96 ANDREW ENGSTROM 4/06/2009 4/08/2009 NORTHERN TRAFFIC SUPPLY $140.58 ANDREW ENGSTROM Packet Page Number 88 of 240 4/05/2009 4/07/2009 KAHLER INN AND SUITES $87.69 PAUL E EVERSON 3/26/2009 3/30/2009 THE HOME DEPOT 2801 $79.84 LARRY FARR 3/28/2009 3/30/2009 BEST BUY MHT 00000158 $227.44 LARRY FARR 4/01/2009 4/02/2009 ELECTRO WATCHMAN INC $255.60 LARRY FARR 4/04/2009 4/06/2009 TARGET 00006940 $59.63 LARRY FARR 4/05/2009 4/07/2009 WM EZPAY $328.30 LARRY FARR 4/05/2009 4/07/2009 WM EZPAY $328.30 LARRY FARR 4/05/2009 4/07/2009 WM EZPAY $685.03 LARRY FARR 4/06/2009 4/08/2009 MOBILE RADIO ENGINEERING $95.95 LARRY FARR 4/08/2009 4/09/2009 G & K SERVICES 006 $738.56 LARRY FARR 4/08/2009 4/09/2009 G & K SERVICES 006 $409.50 LARRY FARR 3/27/2009 3/30/2009 OFFICE DEPOT #1090 $77.03 KAREN FORMANEK 4/07/2009 4/09/2009 CURTIS 1000 $53.86 KAREN FORMANEK 4/07/2009 4/09/2009 CURTIS 1000 $123.49 KAREN FORMANEK 4/03/2009 4/06/2009 BARNES & NOBLE #2786 $106.73 MYCHAL FOWLDS 4/07/2009 4/08/2009 VERISIGN INC $1,118.00 MYCHAL FOWLDS 4/08/2009 4/09/2009 CTO*GOTOMYPC.COM $33.90 MYCHAL FOWLDS 3/31/2009 4/02/2009 ADVANCED GRAPHIC SYSTEMS $27.58 NICK FRANZEN 3/31/2009 4/02/2009 ADVANCED GRAPHIC SYSTEMS $170.40 NICK FRANZEN 4/01/2009 4/02/2009 PAYPAL *MATTPARRISH $562.89 NICK FRANZEN 4/01/2009 4/02/2009 INSIGHT*PUBLICSECTOR $89.54 NICK FRANZEN 4/01/2009 4/03/2009 SHI INTERNATIONAL CORP $1,431.36 NICK FRANZEN 4/02/2009 4/03/2009 HP DIRECT-PUBLICSECTOR $64.05 NICK FRANZEN 4/03/2009 4/06/2009 INSIGHT*PUBLICSECTOR $149.24 NICK FRANZEN 4/07/2009 4/08/2009 PI *PLANTRONICS INC $104.51 NICK FRANZEN 3/28/2009 3/30/2009 MILLS FLEET FARM #27 $104.59 CAROLE GERNES 4/01/2009 4/02/2009 KNOWLAN'S MARKET #2 $23.04 CAROLE GERNES 4/02/2009 4/03/2009 PETCO 603 63506034 $20.78 CAROLE GERNES 4/02/2009 4/03/2009 CUB FOODS, INC. $9.67 CAROLE GERNES 4/02/2009 4/06/2009 THE HOME DEPOT 2801 $8.20 CAROLE GERNES 4/08/2009 4/10/2009 KNOWLAN'S MARKET #2 $6.38 CAROLE GERNES 4/09/2009 4/10/2009 PETCO 603 63506034 ($6.41) CAROLE GERNES 4/01/2009 4/02/2009 GERMAN LEATHER AND SHOE $35.00 CLARENCE GERVAIS 4/01/2009 4/02/2009 EDEN PRAIRIE TUITION OFFI $10.00 CLARENCE GERVAIS 4/01/2009 4/03/2009 CENTURY COLLEGE-BO $125.00 CLARENCE GERVAIS 4/03/2009 4/06/2009 BEST BUY MHT 00000158 $138.76 CLARENCE GERVAIS 4/06/2009 4/07/2009 KAHLER INN AND SUITES $87.69 CLARENCE GERVAIS 4/06/2009 4/07/2009 KAHLER INN AND SUITES $87.69 CLARENCE GERVAIS 4/06/2009 4/07/2009 KAHLER INN AND SUITES $87.69 CLARENCE GERVAIS 4/08/2009 4/10/2009 SUBWAY 00052159 $69.12 CLARENCE GERVAIS 4/08/2009 4/10/2009 THE HOME DEPOT 2801 $13.87 CLARENCE GERVAIS 3/28/2009 3/30/2009 OFFICE DEPOT #1090 $112.02 JEAN GLASS 3/30/2009 3/31/2009 OFFICE DEPOT #1090 $97.41 JEAN GLASS 3/26/2009 3/30/2009 SHRED-IT $18.15 KAREN E GUILFOILE 3/30/2009 3/31/2009 METRO SALES INC $1,715.51 LORI HANSON 3/31/2009 3/31/2009 COMCAST CABLE COMM $179.76 LORI HANSON 3/31/2009 4/01/2009 USPS 2663650015 $4.95 PATRICK HEFFERNAN 4/03/2009 4/06/2009 MILLS FLEET FARM #27 $42.70 PATRICK HEFFERNAN 3/30/2009 3/31/2009 MENARDS 3022 $61.36 GARY HINNENKAMP 4/01/2009 4/02/2009 LMC*LAERDAL MEDICAL $30.91 RON HORWATH 4/02/2009 4/03/2009 STAYWELL - KRAMES $82.35 RON HORWATH 4/03/2009 4/06/2009 TARGET 00011858 $9.58 RON HORWATH Packet Page Number 89 of 240 3/31/2009 4/01/2009 DALCO ENTERPRISES, INC $669.14 DAVID JAHN 4/01/2009 4/02/2009 DALCO ENTERPRISES, INC ($260.81) DAVID JAHN 4/03/2009 4/03/2009 DALCO ENTERPRISES, INC $148.25 DAVID JAHN 4/07/2009 4/08/2009 DALCO ENTERPRISES, INC $367.28 DAVID JAHN 3/27/2009 3/30/2009 DAVIS LOCK & SAFE $8.52 BERNARD R JUNGMANN 3/27/2009 3/30/2009 TARGET 00021352 $195.98 BERNARD R JUNGMANN 3/27/2009 3/30/2009 USPS 2663650009 $7.77 BERNARD R JUNGMANN 3/27/2009 3/30/2009 MENARDS 3059 $29.96 BERNARD R JUNGMANN 3/30/2009 3/31/2009 HENRIKSEN ACE HARDWARE $6.73 BERNARD R JUNGMANN 3/30/2009 3/31/2009 SYX*TIGERDIRECT.COM $136.84 BERNARD R JUNGMANN 3/31/2009 4/01/2009 UNIVERSAL HOSPITAL SERVIC $261.00 BERNARD R JUNGMANN 4/01/2009 4/02/2009 DAL-TILE #335 ST PAUL $34.77 BERNARD R JUNGMANN 4/02/2009 4/03/2009 DAVIS LOCK & SAFE $36.21 BERNARD R JUNGMANN 4/02/2009 4/06/2009 OFFICE MAX $85.39 BERNARD R JUNGMANN 4/03/2009 4/06/2009 BEST BUY MHT 00000158 $172.91 BERNARD R JUNGMANN 4/04/2009 4/06/2009 BOUND TREE MEDICAL LLC $99.16 BERNARD R JUNGMANN 4/07/2009 4/08/2009 BOUND TREE MEDICAL LLC $537.65 BERNARD R JUNGMANN 4/07/2009 4/09/2009 N AMERICA RESCUE PRODUCT $348.00 BERNARD R JUNGMANN 3/31/2009 4/02/2009 SAFE KIDS WORLDWIDE $60.00 TOM KALKA 4/01/2009 4/03/2009 HISDAHL INC $54.80 TOM KALKA 4/01/2009 4/02/2009 DAVANNI'S #4 $16.12 FLINT KARIS 3/31/2009 4/01/2009 VZWRLSS*APOCC VISN $98.03 DUWAYNE KONEWKO 3/30/2009 3/31/2009 CUB FOODS, INC. $4.99 NICHOLAS KREKELER 3/30/2009 3/31/2009 CUB FOODS, INC. $28.23 NICHOLAS KREKELER 3/27/2009 3/30/2009 PAKOR INC $861.71 LISA KROLL 4/07/2009 4/08/2009 ARVEY PAPER & OFFICE PRO $1,639.09 LISA KROLL 4/02/2009 4/03/2009 ACCURINT EOM AUTO P $37.00 DAVID KVAM 3/27/2009 3/30/2009 ORECK #083 $456.84 STEVE LUKIN 3/27/2009 3/30/2009 MENARDS 3059 $106.74 STEVE LUKIN 3/30/2009 4/01/2009 HOLIDAY STNSTORE 0092 $35.88 STEVE LUKIN 3/31/2009 4/01/2009 CULVER'S OF ALEXANDRIA $24.56 STEVE LUKIN 3/31/2009 4/02/2009 AIRGAS NORTH CENTRAL $944.40 STEVE LUKIN 3/31/2009 4/02/2009 HOLIDAY STNSTORE 0092 $12.31 STEVE LUKIN 4/03/2009 4/06/2009 BEST BUY MHT 00000158 $138.76 STEVE LUKIN 4/03/2009 4/06/2009 EMERGENCY APPARATUS MAINT $1,932.87 STEVE LUKIN 4/05/2009 4/07/2009 WM EZPAY $68.34 STEVE LUKIN 4/06/2009 4/07/2009 BEST BUY MHT 00000109 ($138.76) STEVE LUKIN 4/06/2009 4/07/2009 RADIOSHACK COR00161455 $128.09 STEVE LUKIN 4/07/2009 4/09/2009 ASPEN MILLS INC. $283.00 STEVE LUKIN 3/30/2009 4/01/2009 HOLIDAY STNSTORE 0092 $40.00 GORDON MALLORY 3/31/2009 4/02/2009 HOLIDAY STNSTORE 0177 $23.60 GORDON MALLORY 4/07/2009 4/09/2009 MARATHON OIL 163022 XXX $20.00 GORDON MALLORY 4/06/2009 4/07/2009 HIRSHFIELDS ST PAUL CSC $157.95 MARK MARUSKA 4/06/2009 4/07/2009 HENRIKSEN ACE HARDWARE $480.20 MARK MARUSKA 4/06/2009 4/07/2009 WM EZPAY $312.32 MARK MARUSKA 4/06/2009 4/08/2009 WILD BIRD STORE $60.74 MARK MARUSKA 4/08/2009 4/09/2009 G & K SERVICES 006 $376.46 MARK MARUSKA 3/28/2009 3/30/2009 COMCAST CABLE COMM $142.08 ROBERT MITTET 4/02/2009 4/03/2009 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 4/08/2009 4/10/2009 SHRED-IT $18.15 ROBERT MITTET 3/31/2009 4/02/2009 METROCALL/ARCH WIRE $15.94 ED NADEAU 4/08/2009 4/09/2009 G & K SERVICES 006 $797.03 AMY NIVEN Packet Page Number 90 of 240 4/08/2009 4/09/2009 G & K SERVICES 006 $254.32 AMY NIVEN 4/08/2009 4/09/2009 G & K SERVICES 006 $160.07 AMY NIVEN 4/02/2009 4/06/2009 MILLS FLEET FARM #27 $20.08 RICHARD NORDQUIST 3/26/2009 3/30/2009 OFFICE DEPOT #1090 $28.01 MARY KAY PALANK 4/07/2009 4/09/2009 OFFICE DEPOT #1090 $11.96 MARY KAY PALANK 4/07/2009 4/09/2009 OFFICE DEPOT #1105 $6.21 MARY KAY PALANK 3/22/2009 3/30/2009 WP-INMAGINE.COM $50.00 CHRISTINE PENN 4/03/2009 4/06/2009 TARGET 00006940 $55.47 CHRISTINE PENN 4/07/2009 4/08/2009 PAPERANDMORE $121.93 CHRISTINE PENN 4/08/2009 4/09/2009 USPS 26833895523402076 $37.80 CHRISTINE PENN 3/27/2009 3/30/2009 ADVANCED GRAPHIC SYSTEMS $474.99 PHILIP F POWELL 3/27/2009 3/30/2009 TAYLOR & FRANCIS-CRC $168.22 PHILIP F POWELL 3/31/2009 4/01/2009 ARMOR HOLDINGS FORENSICS $160.24 PHILIP F POWELL 3/31/2009 4/01/2009 MEMORY SUPPLIERS INC $101.00 PHILIP F POWELL 4/02/2009 4/03/2009 BEST BUY MHT 00000109 $156.89 PHILIP F POWELL 4/02/2009 4/06/2009 ADVANCED GRAPHIC SYSTEMS $126.74 PHILIP F POWELL 4/06/2009 4/08/2009 DCABLES $31.35 PHILIP F POWELL 4/01/2009 4/02/2009 GE CAPITAL $331.99 WILLIAM J PRIEFER 3/27/2009 3/30/2009 KATH AUTO PARTS NSP $342.04 STEVEN PRIEM 3/27/2009 3/30/2009 HIRSHFIELDS ST PAUL CSC $348.51 STEVEN PRIEM 3/31/2009 4/02/2009 KATH AUTO PARTS NSP $137.34 STEVEN PRIEM 4/01/2009 4/03/2009 STANDARD TRUCK $39.60 STEVEN PRIEM 4/03/2009 4/06/2009 ZARNOTH BRUSH WORKS $1,648.62 STEVEN PRIEM 4/03/2009 4/06/2009 KATH AUTO PARTS NSP $96.64 STEVEN PRIEM 4/03/2009 4/06/2009 TOUSLEY FORD 127200047 $100.00 STEVEN PRIEM 4/06/2009 4/07/2009 DIESEL & IMPORT AUTO/TRUC $195.74 STEVEN PRIEM 4/06/2009 4/09/2009 CRYSTEEL TRUCK FRIDLEY 2 $708.09 STEVEN PRIEM 4/07/2009 4/08/2009 BAUER BULT TRE33200023 $293.40 STEVEN PRIEM 4/07/2009 4/08/2009 MACQUEEN EQUIPMENT INC $23.11 STEVEN PRIEM 4/07/2009 4/09/2009 CATCO PARTS&SERVICE $662.65 STEVEN PRIEM 4/08/2009 4/09/2009 CATCO PARTS&SERVICE ($143.80) STEVEN PRIEM 4/08/2009 4/09/2009 CATCO PARTS&SERVICE $135.44 STEVEN PRIEM 4/08/2009 4/09/2009 CATCO PARTS&SERVICE $135.44 STEVEN PRIEM 4/08/2009 4/10/2009 KATH AUTO PARTS NSP $74.19 STEVEN PRIEM 4/08/2009 4/10/2009 BAUER BULT TRE33200023 $269.95 STEVEN PRIEM 4/01/2009 4/02/2009 GE CAPITAL $43.77 TERRIE RAMEAUX 4/02/2009 4/06/2009 OFFICE DEPOT #1090 $38.52 TERRIE RAMEAUX 4/02/2009 4/06/2009 OFFICE DEPOT #1090 $22.09 TERRIE RAMEAUX 3/31/2009 4/01/2009 HILLYARD INC MINNEAPOLIS $665.12 MICHAEL REILLY 4/03/2009 4/03/2009 DALCO ENTERPRISES, INC $373.85 MICHAEL REILLY 4/08/2009 4/09/2009 HILLYARD INC MINNEAPOLIS $748.27 MICHAEL REILLY 4/03/2009 4/06/2009 FITNESS WHOLESALE $169.20 NANCY RICHTER 3/28/2009 3/30/2009 TARGET 00011858 $77.37 AUDRA ROBBINS 4/01/2009 4/02/2009 TARGET 00011858 $90.00 AUDRA ROBBINS 4/01/2009 4/02/2009 PARTY CITY #768 $28.68 AUDRA ROBBINS 4/01/2009 4/03/2009 MICHAELS #2744 $44.34 AUDRA ROBBINS 4/01/2009 4/03/2009 THE HOME DEPOT 2801 $167.17 AUDRA ROBBINS 4/02/2009 4/03/2009 BUYCOSTUMES.COM $121.97 AUDRA ROBBINS 3/27/2009 3/30/2009 THE HOME DEPOT 2801 $39.31 ROBERT RUNNING 4/07/2009 4/09/2009 MIKES LP GAS INC $31.93 ROBERT RUNNING 4/03/2009 4/06/2009 AMZ*AMAZON PAYMENTS $37.47 DEB SCHMIDT 4/03/2009 4/06/2009 T-MOBILE.COM*PAYMENT $29.30 DEB SCHMIDT Packet Page Number 91 of 240 4/08/2009 4/10/2009 OFFICE DEPOT #1090 3/26/2009 3/30/2009 SHRED-IT 3/26/2009 3/30/2009 SHRED-IT 3/26/2009 3/30/2009 SHRED-IT 3/30/2009 4/01/2009 KUSTOM SIGNALS, INC. 3/31/2009 4/01/2009 INTL ASSN OF CHIEF OF POL 4/01/2009 4/06/2009 UNIFORMS UNLIMITED 4/03/2009 4/06/2009 UNIFORMS UNLIMITED INC 4/03/2009 4/06/2009 CLASSIC COLLISION CENT 4/03/2009 4/06/2009 CLASSIC COLLISION CENT 4/07/2009 4/08/2009 THE GRAFIX SHOPPE 4/07/2009 4/08/2009 THE GRAFIX SHOPPE 4/07/2009 4/09/2009 XENONICS INC 4/09/2009 4/10/2009 INTL ASSN OF CHIEF OF POL 4/01/2009 4/03/2009 DISPLAYS 2 GO 3/27/2009 3/30/2009 METRO SALES INC 4/08/2009 4/10/2009 THE HOME DEPOT 2801 4/01/2009 4/02/2009 T-MOBILE RECURRING PMT 4/08/2009 4/10/2009 STRAUSS SKATE AND BICY 4/01/2009 4/03/2009 OXYGEN SERVICE CO INC 3/26/2009 3/30/2009 UNIFORMS UNLIMITED INC 3/27/2009 3/30/2009 HEJNY RENTAL INC 3/27/2009 3/30/2009 CPS INC-DARECATALOUGE.COM 4/09/2009 4/10/2009 CUB FOODS, INC. 4/02/2009 4/06/2009 S & T OFFICE PRODUCTS 4/06/2009 4/08/2009 S & T OFFICE PRODUCTS 4/08/2009 4/10/2009 S & T OFFICE PRODUCTS 4/02/2009 4/03/2009 RELIABLE TOTAL $46.98 DEB SCHMIDT $49.95 MICHAEL SHORTREED $83.25 MICHAEL SHORTREED $51.45 MICHAEL SHORTREED $73.03 MICHAEL SHORTREED $380.00 MICHAEL SHORTREED $1,890.02 MICHAEL SHORTREED $392.23 MICHAEL SHORTREED $150.00 MICHAEL SHORTREED $599.60 MICHAEL SHORTREED $335.00 MICHAEL SHORTREED $37.28 MICHAEL SHORTREED $199.00 MICHAEL SHORTREED $380.00 MICHAEL SHORTREED $194.62 PAULINE STAPLES $562.00 JOANNE M SVENDSEN $4.24 RONALD SVENDSEN $87.59 DOUGLAS J TAUBMAN $1,026.00 JAMES TAYLOR $190.01 TODD TEVLIN $30.07 DAVID J THOMALLA $69.39 JOE TRAN $90.50 JOE TRAN $19.22 JOE TRAN $19.49 KAREN WACHAL $28.04 KAREN WACHAL $21.29 KAREN WACHAL $69.29 SUSAN ZWIEG $47,544.88 Packet Page Number 92 of 240 Agenda Item M2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Steven Love, Civil Engineer II SUBJECT: Carsgrove Meadows Area Street Improvements, Project 08-10 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll DATE: April 16, 2009 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, May 22, 2009 at City Hall. Following the approval of plans and advertising for bids, the next step in the improvement process is to order preparation of the assessment roll, approve the assessment roll, and then call for an assessment hearing. It is anticipated the award of bid would be considered by the city council at the May 28, 2009 city council meeting after the assessment hearing is conducted. Background The city council ordered the preparation of this feasibility study at the August 25, 2008, regular meeting. On January 12, 2009 the city council accepted the feasibility report and ordered the public hearing. The project was then ordered and preparation of plans and specification were authorized at the January 26, 2009 council meeting after the public hearing was conducted. This item was brought before the Parks Commission on March 18, 2009. It was clear to city staff that this item required more time to be reviewed by the Environmental and Natural Resources Commission (ENRC) prior to be brought before the Parks Commission again. Staff revised the project schedule and brought this item before the ENRC on April 7, 2009. The ENRC voted to recommend the general design concept. The detailed landscape designs will be brought before the ENRC as the project proceeds. This item was brought back before the Parks Commission on April 15, 2009. The Parks Commission voted to recommend the general design concept. The Commissions and staff are looking forward to incorporating innovative designs and performing restoration at Spoon Lake Preserve. Staff is recommending the following items for the Kohlman Park basin 1. Staff is working with Virginia Gaynor, City Open Space Naturalist, on the development of a landscaping plan for the Kohlman Park basin that would include seeding, the planting of trees, shrubs, and various plants. 2. Construction of a filtration basin which includes the use of drain tile. Staff is recommending the following items for the Spoon Lake Preserve basin: 1. Incorporate the storm basin into the preserve by planting it as a native plant community. 2. In addition to seeding the basin, plant trees, shrubs, and herbaceous plants in the basin. Packet Page Number 93 of 240 Agenda Item M2 3. Hire a landscape designer to develop a design for the Forest Street entry that fits in with the natural character of the site. 4. Re-do the northern entry to the preserve. 5. Explore design concepts and innovative strategies to get the water from the street into the basin. 6. Install 230 feet of graded soft-surface trail to connect the entry to existing footpaths on the site. 7. Fix the existing stormwater erosion at the south end of Forest Street in the preserve. Staff has taken steps to make sure that on all future projects adjacent to or impacting open space or parklands will be brought to the ENRC and the Parks Commission at the beginning of the project in order to receive and incorporate valuable input and ideas from the commissions. The proposed project area is illustrated on the attached project location map and consists of Brooks Court, Connor Avenue lying west of Cypress Street, Connor Court, Cypress Street lying between County Road C and Connor Avenue, Demont Avenue, Forest Street, Palm Circle, and Palm Court. Street and utility improvements for these streets are listed on the City's Capital Improvements Plan for 2009 construction. A neighborhood open house was held on March 16, 2009. The open house was attended by residents who were able to view the proposed plans, ask questions about the project, and allow staff to receive input from residents. DISCUSSION In the project area there is existing concrete curb and gutter on all of the streets with the exception of Cypress Street which has bituminous curb. The bituminous curb will be removed and replaced with new concrete curb and gutter. The full roadway including the existing concrete curb and gutter throughout the neighborhood needs to be removed and replaced as part of the street reconstruction due to the poor soil conditions, lack of an adequate existing road cross-section, and low permeability of the sub base material as detailed in the feasibility report and the geotechnical engineering report. The existing pavement section and aggregate base under all of the neighborhood streets are proposed to be removed and replaced. Also a majority of areas have poor subgrade soils that will need to be removed and replaced with a granular material to allow proper subsurface drainage in order to prevent frost action. The neighborhood streets are generally 32 feet wide and are proposed to remain the same width. City staff sent out a survey to the residents proposing the narrowing of Forest Street from 36 feet to 32 feet. Over half of responses from the residents are against the idea of narrowing Forest Street citing safety concerns as a large amount of residents enjoy walking in the neighborhood, children playing in the neighborhood, and areas for children waiting for school busses or walking to/from school bus pickup points. Therefore staff is recommending constructing Forest Street as a 36 wide road. There is an existing storm sewer system that services the majority of the project area. New storm structures and piping have been included to address drainage issues and to reroute drainage to the proposed filtration basins. Storm water from the project area flows to the impaired water bodies of Kohlman and Gervais Lakes. The proposed treatment areas in combination with constructing rainwater gardens will capture and treat pollutants. Repairs will be made to the existing structures as needed and sumps will be added to structures just upstream from the proposed treatment basin areas. Repairs to the sanitary sewer system are proposed as identified through the televising of the mainline and services. Saint Paul Regional Water Services (SPRWS) does not plan on any major improvements Packet Page Number 94 of 240 Agenda Item M2 in the project area. However, SPRWS does anticipate some minor modifications to the existing system such as gate valve adjustment/repairand removal of unused copper services. PROJECT BUDGET The approved project budget is $2,857,000. The following is a summary of the proposed financing plan: Financing Plan -Carsgrove Meadows Area Street Improvements FUNDING SOURCE FEASIBILITY RECOMMENDATIONS % G.O. IMPROVEMENT BONDS $1,637,210 57% SANITARY SEWER FUND $300,000 11% ENVIRONMENTAL UTILITY FUND $170,000 6% SPECIAL ASSESSMENTS $624,390 22% ST. PAUL WATER $32,400 1 W.A.C. FUND $53,000 2% DRIVEWAY REPLACEMENT PROGRAM $40,000 1% TOTAL FUNDING $2,857,000 100% RECOMMENDATION It is recommended that the city council approve the attached resolutions for the Carsgrove Meadows Area Street Improvements, Project 08-10: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Location Map Packet Page Number 95 of 240 Agenda Item M2 Attachment 1 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 26th, 2009, plans and specifications for Carsgrove Meadows Area Street Improvements, Project 08-10, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 22nd day of May, 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 28th, 2009. Packet Page Number 96 of 240 Agenda Item M2 Attachment 2 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Carsgrove Meadows Area Street Improvements, City Project 08-10. 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. thereof. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council Packet Page Number 97 of 240 P~ j Agenda Item M2 Attachment 3 ~~ ~~ ~ Kohlman va i s \La ke e ~ 6~ ~~~ ~ ~~ ~o ~. ~ ~ ~ COUNTY ROAD C ~ ~ Kohlman O Park PALM ~ ~ ~ Manufactured ~ ~ -I ~ ~ Housing CT• O ~ ~ Estates P ABM ~ U w 2 5 CIR C O~NOR o- 4 3 C O CONNOR `~~• ~ P CT. D EMON~ AVE ~ ~ w w O o ~ w o° BROOKS ~ ~ ~ CT ' ~ ~ Q ~ SEXTANT ~ 112 AVE ~ ~ ~ . ~ GER 60 O F <<F~ Spoon ~ PKV~Y 2 La~~ cn ~- ~ PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 2009 Carsgrove Meadows Area Street Improvements City Project 08-10 Packet Pa e Numb 0 98 of 240 Agenda Item M3 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Jon Jarosch, Civil Engineer I SUBJECT: County Road D Street Improvements -City Project 08-20 a. Resolution Approving Plans and Specifications and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll DATE: April 16, 2009 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, May 29, 2009. The next step after approving the advertisement for bids is ordering the preparation of the assessment roll. After the assessment roll is approved, an assessment hearing can be scheduled for June 8, 2009. The award of bid would be considered by the city council at the June 8, 2009 meeting after the assessment hearing is conducted. BACKGROUND The city council ordered the preparation of this feasibility study at the January 12, 2009, regular meeting. On February 23, 2009 the city council accepted the feasibility report and ordered the public hearing. The project was then ordered at the March 9, 2009 council meeting after the public hearing was conducted. A plan review open house is to take place at the Maplewood Community Center on April 21, 2009 between 5:00 p.m. and 7:00 p.m. This is a chance for residents to comment on the design plans and make suggestions for staff to use in final adjustments to the plans. DISCUSSION This project accounts for reconstruction of approximately 0.70 miles of streets including replacement of the existing pavement surface, addition of concrete curb and gutter, watermain extension, sanitary sewer repairs, and improvements to the existing drainage system. Storm water management improvements have been designed in coordination with Ramsey-Washington Metro Watershed District (RWMWD) which includes rainwater gardens and filtration techniques in order to meet volume and rate control requirements. Due to feedback received from residents at the first neighborhood meeting and at the public hearing, a survey was sent out to project residents to gather input in regards to street widths, curb types, and the need for a sidewalk or trail. The results from this survey have been included as part of this report and are further discussed below. Packet Page Number 99 of 240 Agenda Item M3 The most prevalent result from this survey was the opposition to a trail or sidewalk within the project area. About 90% of all surveys received were opposed to a trail or a sidewalk. Due to this large opposition staff did not further investigate the placement of a sidewalk or trail as part of this project. Seventy-three percent of residents on Bellaire Avenue requested that the curb be barrier-style. This is the standard style of curbing installed on improvement projects and staff is proposing to utilize this style of curb on Bellaire Avenue. Seventy-two percent of residents on County Road D, however, requested that ribbon-style curb be utilized. This type of curbing has been utilized on past projects and would work well with the existing ditch-system along County Road D. Staff is proposing to utilize this style of curb on County Road D. Staff had originally proposed to utilize a 26-foot street width throughout the project in order to match the existing street width. Under State Aid Standards a street narrower than 32-feet wide does not allow parking on either side of the street. For this reason staff surveyed the residents to see if they would like the road widened to 32-feet to allow on street parking. Fifty-three percent of residents on Bellaire Avenue and sixty-seven percent of residents on County Road D requested a 26-foot wide roadway. For the majority of those residents that requested a 32-foot width, the street is proposed to be widened in the area to accommodate parking needs similar to past projects. The remainder of the roadway is being proposed at a 26-foot width. The proposed project schedule anticipates construction beginning in June and completion of the project in October 2009. RECOMMENDATION It is recommended that the city council approve the attached resolutions for the County Road D Street Improvements, City Project 08-20: Approving Plans and Advertisement for Bids and Ordering the Preparation of the Assessment Roll. Attachments: 1. Project Location Map 2. Resolution Approving Plans and Advertising for Bid 3. Resolution Ordering Preparation of Assessment Roll 4. Resident Survey Results Packet Page Number 100 of 240 Agenda Item M3 Attachment 1 E 1. N. BARTELMY LN. 68 2. N. CHIPPEWA CT. 3. BRENWOOD CV. ',694 0 z c~ z E. ~ VE. ~~ ~. APLE COUNTY ROAD D ~~ AVE. ~ BRENNER AVE ~ . ~ Q F` ~ 2. ~ 1 ~ J ~w ~ ~ . ~ ~m LYD IA ~, GALL o C~ ~ w c~ 0 3 ~O z ~O ~ Q o Q ~ ~ o g . Playcrest Park STANDRIDGE AVE. Q ..._ n ~ PROPOSED 2009 STREET IMPROVEMENTS ~j~ e~ z AVE. ~ ~ ~ ~ ~ ~P~ '~y m n~ NO SCALE WOODL ~ W ~ ~ Q 10 70 J m ~ County Road D Improvements MAPLEWOOD, MINNESOTA Packet Page Number CITY PROJECT 08-20 101 of 240 I Agenda Item M3 Attachment 2 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on March 9, 2009, plans and specifications for the County Road D Improvements (McKnight to Lydia), City Project 08-20, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 29th day of May, 2009, at 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 June 8, 2009. Packet Page Number 102 of 240 Agenda Item M3 Attachment 3 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the County Road D Improvements (McKnight to Lydia), City Project 08-20, 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. thereof. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council Packet Page Number 103 of 240 w Y C d C N W Q O ~ ~ d 7 O .O h c a ~ ~, U N ~ Gl ~ ~ U ~ L ~ C d ~ ~ ~ ~ ~ d ~ ~ O.. ~ T ~ _ ~ ~ L 0 0 ~ - Q 2~"d0 ~ Y ~ ~ L ~ ~ T N Q Q ~ ~ O ~ "O ~¢ d a U O - O ~ ~ O ... - a O N ~~- ~~ N O _ ~ O N ~ L - L w O N ~ _ y O o . ... ~i ~ .L.. -O S D = ~ °0 0~ ¢ O ~ N CO Y O D 6] > L~ ~~ T~ L = O~ O ~ O "O T ~ ~ O E N O ~ d d 0 ~ C ~ O E N U .~ w C y N > > > ~ ~ V D L ~ ~ ~ d ~_~ - ~ d O d ~ C E O ~ ~ ' 0 ~ ~ m ~~ O " ~ U °O ~ ,d > ~ ` ~ "C L N O F ~ L O N O in N = Y y -j T d ~ ~ E t O ~ ~ c ~ Z T E ° E_ ~p N~ - ~ C an d d ~ ~E -o _ °' O C ~ U ~ c ~~~ O 0> O~~~~ C ~ (n "O ~ ~ O N Z yi ~ a N c O d d ~ E Q m ~ d ° O m .= ° O 3 - U - ~ - o J. o ~ - O~ in T ~ U O ~ ... T ~ O O `-' O~ -~ ~ O O 0 ~ O F L ~ L ~ ~ L ~ ~~ _ w ~~ M a L L - O L ~ ~~ 0 0 - ~ m > . .. ~ ~ N U d ~O O ~ Ot O. 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A d O . . m m > > O O cet Page Number of 240 Item M 4 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 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. Packet Page Number 105 of 240 2009 JOINT POWERS AGREEMENT BETWEEN THE CITY OF MAHTOMEDI AND THE CITY OF MAPLEWOOD REGARDING THE OPERATION OF MAHTOMEDI BEACH THIS AGREEMENT, is made and entered into on the day of 2009, by and between the city of MAHTOMEDI (hereinafter referred to as Mahtomedi, or city of Mahtomedi) and the city of MAPLEWOOD/MAPLEWOOD COMMUNITY CENTER (hereinafter referred to as Maplewood, or city of Maplewood); both of which are governmental subdivisions of the State of Minnesota located in the Counties of Washington, and Ramsey, respectively. PIIRP(~SF It is the city of Mahtomedi's desire that the city of Maplewood, through the Maplewood Community Center (MCC) hire, train, supervise, and manage personnel to work at Mahtomedi Beach under the terms of, and during the time period set forth in, this agreement, below. AUTHORIZATION The cities of Mahtomedi and Maplewood enter into this agreement pursuant to Minnesota Statute Section 471.59, (2003). AGREEMENT NOW, in consideration of the mutual understanding as expressed herein, the cities of Mahtomedi and Maplewood agree as follows: 1. Services Provided. The city of Maplewood shall provide the following services: a. Recruit, interview, hire, train, evaluate, supervise and monitor all aquatic staff. Aquatic staff shall consist of lifeguards, water safety instructors, and water safety aides. All aquatic staff shall be employees of Maplewood and Maplewood shall discipline and terminate employees, as necessary. i. All aquatic staff working at Mahtomedi Beach shall have a minimum of six (6) months experience working at the MCC, shall be familiar with and follow Maplewood personnel Packet Page Number 106 of 240 policies, and shall demonstrate excellent dependability and responsibility. ii. All lifeguards working at Mahtomedi Beach shall maintain the following certifications, at all times during employment at Mahtomedi Beach: 1. Current certification in American Red Cross Lifeguard Training. 2. Current certification in CPR for the Professional Rescuer. 3. Current certification in Waterfront Lifeguarding. iii. All swim-class instructors working at Mahtomedi Beach shall maintain current certification as an American Red Cross Water Safety Instructor. iv. All water-safety aides working at Mahtomedi Beach shall maintain current certification as a Maplewood Community Center Water Safety Aide. b. Determine and set hours of daily operation for Mahtomedi Beach, subject to final approval by the city of Mahtomedi (12:OOpm to 7:OOpm, Sunday through Saturday, has been recommended by the MCC). c. Make decisions regarding closing the beach and/or canceling or rescheduling programs due to poor weather conditions. d. Administer and maintain Mahtomedi Beach and aquatic staff beginning on June 12, 2009, through August 16, 2009 (open swim dates). e. Provide, at Mahtomedi Beach, at all times during the hours of operation during the open swim dates, a minimum of two on-duty lifeguards, one of which shall be a Beach Coordinator, Recreation Supervisor, or Head Lifeguard, as described below. The number of lifeguards necessary, in excess of two, will be determined by the MCC, based on demand. f. Monitor all aquatic staff and ensure that all aquatic staff members maintain current the certifications listed above. Expiration of any required certification shall result in release from employment at Mahtomedi Beach. In the event that any aquatic staff member is released from employment, for any reason, it shall be the duty of the city of Maplewood to replace that employee with another employee who meets all requirements contained in this agreement. 2 Packet Page Number 107 of 240 g. Administer a swim test to all aquatic staff (speed and endurance), along with other skills tests, to ensure that all aquatic staff are physically and otherwise capable of performing all tasks required of a Red Cross certified Lifeguard. All aquatic staff must achieve "good" or passing standards in the tests before beginning or continuing employment at Mahtomedi Beach. h. Prior to Mahtomedi Beach's opening, the MCC shall assist in the preparation, and opening, of Mahtomedi Beach. Conduct a minimum of five (5) in-service training sessions for aquatic staff working at Mahtomedi Beach, throughout the summer. In-services shall consist of both in and out-of-water training sessions. Attendance at these in-service training sessions shall be mandatory. Lifeguarding, teaching or swimming skills will be evaluated at the "in-water" in-service and information vital to the success of the aquatic program will be given at the "dry-land" in- services. j. In addition to any other training sessions, the City of Maplewood shall conduct training sessions on Right to Know, AWAIR, and Blood Borne Pathogens. k. Ensure that MCC administrative staff visits Mahtomedi Beach a minimum of once per week during the open swim dates, to critique, evaluate, and advise aquatic staff on performance and operation of Mahtomedi Beach. In addition, periodic unannounced visits shall be made bya MCC administrative staff to evaluate on-the-job performance of aquatic staff, and to conduct on-the-job skills testing. I. After evaluating aquatic staff, meet with staff members individually and discuss the staff member's evaluation/critique and offer feedback regarding skills at which the staff member excels and skills upon which the staff member can improve. m. Ensure that, at all times during the hours of operation of Mahtomedi Beach, a Head Lifeguard is on duty. A Head Lifeguard, Beach Coordinator, or Recreation Supervisor must be a minimum of 18 years of age and have excellent Lifeguarding and leadership skills, as well as customer-service experience. n. Manage pay records and issue paychecks to all lifeguard staff working at Mahtomedi Beach. o. Assist with the daily upkeep and cleaning of the facilities at Mahtomedi Beach, including the beachfront, restrooms, and 3 Packet Page Number 108 of 240 guardhouse. Any maintenance or mechanical problems shall be immediately reported to the city of Mahtomedi. p. Supply all equipment necessary to day-to-day lifeguarding operations at Mahtomedi Beach including, but not limited to, one backboard, one rescue board, four rescue tubes, one megaphone, and three sets of snorkeling gear. q. Administer the operation of a swimming lesson program, following the guidelines of the American Red Cross Learn to Swim Program. i. American Red Cross certified Water Safety Instructors shall teach the following classes: 1. Parent/Child classes. 2. Tot Swim classes. 3. Preschool classes. 4. Level 1-6 classes. ii. Course descriptions for all classes shall be made available upon request. iii. Registration for all swim classes shall be the responsibility of the city of Maplewood, and all fees collected in conjunction with swim classes shall be applied to payment for swim-class program and staff expenses. iv. Records shall be kept and be made available regarding the numbers of residents and nonresidents enrolled in the swimming lesson program. 2. Insurance. The cities of Mahtomedi and Maplewood mutually agree to indemnify and hold each other harmless for any and all occurrences relating to coordination, supervision, management, instruction, lifeguarding, and all other relevant issues relating to the coordination and operation of a comprehensive aquatics program. The cities of Mahtomedi and Maplewood shall list each other as coinsured for all beach-related activities and/or beach operation and maintenance. All insurance policies and/or agreements relating to beach- related activities and/or maintenance must be reviewed and approved by the respective city attorneys, city administrator for the city of Mahtomedi, and the city manager for the city of Maplewood. 4 Packet Page Number 109 of 240 All insurance policies and/or agreements relating to beach-related activities shall require provide that the issuer notify the cities of Mahtomedi and Maplewood, individually, at least thirty (30) days prior to the effective date of any policy cancellation, modification, or non-renewal. 3. Swim-area Location. The area of Mahtomedi Beach to which this agreement pertains (swim area) shall be the southern 75 feet of the city of Mahtomedi's beach property fronting White Bear Lake. 4. Dock Location. The city of Maplewood will assist the city of Mahtomedi with determination of the proper location and formation of the dock structure. Factors determining the location, formation and adjustment will be based upon providing maximum safety for patrons and staff. Installation and adjustments of the dock will be performed by the city of Mahtomedi. 5. Compensation. The city of Mahtomedi agrees to provide the city of Maplewood with an annual administrative and employee-expense fee of $24500.25 for services rendered pursuant to this agreement. Mahtomedi shall pay this sum in three payments, under the following terms: a. The first of such payments, in the amount of $8166.75, shall be made to the city of Maplewood no later than June 26, 2009. b. The second payment, in the amount of $8166.75, shall be made to the city of Maplewood no later than July 31, 2009.. c. The final payment, in the amount of $8166.75, shall be made to the city of Maplewood no later than August 28, 2009. 6. Data Compliance. The city of Maplewood agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy of confidentiality. The city of Maplewood will immediately report to the city of Mahtomedi any request from third parties for information relating to this agreement. The city of Maplewood agrees to promptly respond to inquiries from the city of Mahtomedi concerning data requests. The city of Maplewood agrees to hold the city of Mahtomedi, its officers, and employees harmless for claims resulting from the city of Maplewood's unlawful disclosure or use of data protected under State of Federal laws. 7. Discrimination and Harassment Compliance. The city of Maplewood agrees to abide by the requirements of the Americans with Disabilities Act 5 Packet Page Number 110 of 240 of 1990 (ADA), the Human Rights Act (Minnesota Statute Chapter 363), and Title 7 of the Civil Rights Act of 1964. These laws deal with discrimination based on -race, gender, disability, religion, sexual preference and sexual harassment. Violation of any of the above laws will render this agreement terminable at the discretion and election of the city of Mahtomedi. 8. Termination. This agreement shall terminate on September 7, 2009. In the event that this agreement is terminated prior to that date due to mutual agreement of both parties or pursuant to paragraph (7) above or (10) below, compensation shall be paid to the City of Maplewood on a pro- rated basis using the total compensation by number of days of the agreement multiplied by the total number of days the agreement was in effect, less any payments made prior to termination. 9. Breach. Upon breach of any term of this agreement, the non-breaching party shall send written notice of the breach to the breaching party. The breaching party shall have 10 days to cure the breach, or provide satisfactory remedial procedures to non-breaching party, and reimburse non-breaching party for any and all costs associated with the breach including attorney's fees. Failure to cure shall constitute grounds for termination of this agreement. Further costs incurred due to the uncured breach shall constitute "damages" payable by the breaching party. 10. Notices. Any notice, demand, or correspondence authorized and/or required under the agreement shall be in writing and shall be delivered by hand or sent via certified mail to the other party as listed below. 6 Packet Page Number 111 of 240 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective this day of 2009, and shall remain binding and in effect until such time as the city of Mahtomedi makes final payment to the city of Maplewood, according to the terms set forth in this agreement. This agreement may be extended or renewed beyond the date of termination, by election and execution of and by both parties hereto of a document of renewal or extension setting forth the terms of the renewal or extension. CITY OF MAHTOMEDI 600 Stillwater Road Mahtomedi, MN 55115 Dated ~~~ ~ ~ , 2009 By - ~ y/, ~ ~'L~~ ayor AND By ~ ~~i~ dministrator CITY OF MAPLEWOOD 1830 County Road B East Maplewood, MN 55109 Dated .2009 By Mayor AND By City Manager 7 Packet Page Number 112 of 240 Item M 5 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 Town of White Bear for Lifeguard Services INTRODUCTION The Maplewood Community Center Aquatics Division provides seasonal lifeguard services for the Bellaire Beach located in the Town of White Bear. 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 Town of White Bear for lifeguard services. Packet Page Number 113 of 240 JOINT POWERS AGREEMENT BETWEEN THE TOWN OF WHITE BEAR AND THE CITY OF MAPLEWOOD REGARDING LIFEGUARD SERVICES THIS AGREEMENT, made and entered into on the 16th day of March, 2009, by and between the Town of White Bear (the TOWN), and the City of Maplewood/Maplewood Community Center (MCC); both of which are governmental subdivisions of the State of Minnesota located in the County of Ramsey. PI IRPC~GF 1. The TOWN has leased, from the County of Ramsey, the property located on the south shore of White Bear Lake in the Town of White Bear, known as "Bellaire Beach". 2. The TOWN is desirous of having MCC hire, train, and manage all beach personnel who work at "Bellaire Beach" from May 23, 2009 to September 7, 2009 (Labor Day). 3. Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT Now, therefore, in consideration of the mutual undertakings herein expressed, the Town of White Bear and the City of Maplewood/Maplewood Community Center, agree as follows: 4. That MCC shall provide the following services: a. MCC will determine the hours of operation for Bellaire Beach based upon TOWN recommendations. MCC will be responsible for the operations at Bellaire Beach from May 23, 2009 through September 7, 2009 (Labor Day). The beach shall be open only on weekends and Memorial Day until June 13, 2009 at which time regular hours shall commence. The beach shall be open only on weekends and Labor Day after August 16th, 2009. In the event of poor weather conditions, the MCC will be responsible for the decision of closing the beach. MCC will also be responsible for opening and closing Packet Page Number 114 of 240 the beach facility on a daily basis and administration of keys to personnel b. Recruit, hire, train and evaluate all lifeguard staff. MCC will hire, train, evaluate, discipline and terminate employees. c. Manage pay records and issue paychecks to all aquatic personnel working at Bellaire Beach. d. Ensure employees working at Bellaire Beach are employed by the City of Maplewood and follow all Maplewood personnel policies. Employees must meet the minimum requirements to work in the appropriate position. Lifeguard: • All lifeguards hired must hold a current certificate in American Red Cross Lifeguard Training and CPR/AED for the Professional Rescuer. • The MCC will monitor Aquatic Staff certifications to be sure that all certifications remain current. All Aquatic Staff is required to maintain current certifications. Expired certifications will result in being released from duties. • In the event of an expired certification, the MCC will remove the person, fill their shift with certified staff and make every attempt to renew the individual's certification in order to return to work as soon as possible. • In an effort to encourage fitness and develop strong lifeguards, the MCC will administer the Cooper Swim Test to all lifeguards at the start of their employment along with other skill tests. These skills are also performed periodically throughout the year at mandatory in-service trainings. • Lifeguards who are not achieving "good" standards according to the Cooper Test will need to attend additional training sessions conducted by certified lifeguard Training Instructors and Water Safety Instructors. This will help to improve their swimming skills. Lifeguards who are selected to work at the beach must be American Red Cross Waterfront Certified, have six months experience working at the Community Center, and have demonstrated excellent dependability and responsibility. These 2 Packet Page Number 115 of 240 high expectations are to insure that all staff who are working off site are aware of and following Maplewood policies and work well independently. • The TOWN will be able to participate in the final selection of guard staff should they desire, but the final hiring selection shall solely be the responsibility of MCC. e. Give an orientation to lifeguard staff on beach management, rules and regulations, preventive responsibilities, emergency procedures, operation of facility, suggest in-service training curriculum of the Bellaire Beach 2009 summer season. f. Administer Bellaire Beach for the entire 2009 beach season. g. Conduct minimum of five in-service training sessions (one every two weeks). In-services consist of both in and out of water training sessions. Attendance at these in-service training sessions will be mandatory. Life guarding skills will be evaluated at the "in-water" in-services and information vital to the success of the aquatic program will be given at "dry-land" in-services. h, ~lisit Bellaire Beach a minimum of once per week during the months _ __ of June through August, to critique and advise staff on operations and gather input from participants. There will be an Aquatic Program Representative or Head Lifeguard available on site during times that the beach is open. Head lifeguards must be a minimum of 18 years of age and have excellent guarding, customer service, and leadership skills. MCC administrative staff will also conduct "On the Job Evaluations" for lifeguards periodically throughout the year without previous warning to the staff being evaluated. The skills evaluated in an "On the Job Evaluation" may be guarding technique, CPR skills, first aid skills, and prevention of accidents. After evaluating the lifeguard, the administrative staff will meet with the staff individually and discuss any critiques, or comments that they have to improve life guarding or teaching techniques. j. All employees will be evaluated for their performance formally at the end of the summer season. Employees will also be evaluated on a less formal basis midway through the summer. k. Ensure staff follows all policies and procedures as authorized providers of the St. Paul Chapter of the American Red Cross. 3 Packet Page Number 116 of 240 Oversee the daily upkeep and cleaning of the Beach facilities including the guard house and toilets. Any maintenance or mechanical problems will be immediately reported to the TOWN. m. Oversee use of other Bellaire Beach facilities including picnic shelter, picnic tables and grounds. Patrol the entire park once per day to clean-up litter, empty trash receptacles into park dumpster as needed. Clean beachfront daily including removing weeds and other debris from shoreline. Remove weeds and remove trees which tend to grow in shallow water areas of beach. n. MCC agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Human Rights Act (Minnesota Chapter 363), and (Title 7) of the Civil Rights Act of 1964. Violation of any of the above laws can lead to termination of this agreement. 5. That the TOWN will provide the following services: a. Provide proper signage for beach. b. Reimburse MCC for lifeguard salaries (as outlined by MCC) on a __ _ ~___ ,_ __ _. _ ._[nonthly basis. _ c. The TOWN hereby agrees to provide MCC with an annual fee of $20271, payable in three (3) monthly payments of $6757 under the following terms: 1. The first payment shall be made to the City of Maplewood no later than June 26, 2009. 2. The second payment shall be made to the City of Maplewood no later than July 31, 2009. 3. The third payment shall be made to the City of Maplewood no later than August 28, 2009. d. The TOWN agrees to indemnify and hold harmless MCC, its officers, and employees from any liability, claims, damages, cost, judgments, and expenses including attorney's fees resulting directly or indirectly from an act or omission with respect to the suitability, design, usual maintenance, and operations of the facilities provided by and maintained by the TOWN and its agents. The TOWN represents that said facilities are suitable for beach operation. 4 Packet Page Number 117 of 240 e. All policies of insurance shall require that the issuer notify MCC at least thirty (30) days prior to the effective date of any policy cancellation, modification, or non-renewal. f. The TOWN agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality. The TOWN will immediately report to MCC any requests from third parties for information relating to this Agreement. The TOWN agrees to promptly respond to inquiries from MCC concerning data requests. The TOWN agrees to hold MCC, its officers, department heads, and employees harmless from any claims resulting from the TOWN's unlawful disclosure or use of the data protection under State or Federal laws. 6. This Agreement will remain in effect through September 7, 2009, and after which time the parties shall meet to discuss any renewal of this Agreement for the following year. 7. In the event that this agreement is terminated prior to that date due to mutual agreement of both parties or pursuant to paragraph (n) above or (8) below, compensation shall be paid to the City of Maplewood on a pro- rated basis using the total compensation by number of days of the agreement multiplied by the total number of days. the agreement was in effect, less any payments made prior to termination. 8. Upon breach of any term of this agreement, the non-breaching party shall send written notice of the breach to the breaching party. The breaching party shall have 10 days to cure the .breach, or provide satisfactory remedial procedures to non-breaching party, and reimburse non- breaching party for any and all costs associated with the breach including attorney's fees. Failure to cure shall constitute grounds for termination of this agreement. Further costs incurred due to the uncured breach shall constitute "damages" payable by the breaching party. City of Maplewood 1830 East County Rd. B Maplewood, MN 55109 White Bear Township 1281 Hammond Rd. White Bear Township, MN 55110 5 Packet Page Number 118 of 240 IN WITNESS WHEREOF, the Town of White Bear and the City of Maplewood/Maplewood Community Center have caused this Agreement to be executed on their behalf by their proper officers, Council and Board. TOWN OF WHITE BEAR 1281 Hammond Rd. White Bear Township, MN 55110 gy. ` ~ ~~ z ~.°`~ R BERT J. V1~EISENBURG ,Chair ATTEST: ' " '1 By: ~. LLI F. SHORT, Clerk-Treasurer D CCSrt`\T\) fu V v Town Attorney CITY OF MAPLEWOOD 1830 East County Rd. B Maplewood, MN 55109 By: MAYO R And By: CITY MANAGER APPROVED AS TO FORM: City Attorney 6 Packet Page Number 119 of 240 Agenda Item M6 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Conditional Use Permit Review PROJECT: Mapletree Group Home 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. Packet Page Number 120 of 240 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. Packet Page Number 121 of 240 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 Packet Page Number 122 of 240 Location Map 2831 Southlawn Ma letree Grou Home Packet Page Number p p 123 of 240 N I Att hli~ent 2 I I 1 ~, ~` i I I ~ ~~. ~'~~ I I .~ 3 I _ 3 ~ ~ II ; ~- ~ ~~ ~ / I V r` `. •----------------------------------- ~~---~ L ~ -~--------~---~---~-~--------------------• --- -- ---- -- - ----~--^--- ------ ---- ----~ ~~&r}~~~------------^-~---~--~-----^-------- 3 3 ,, I~ V V II I W V II I I Q Q I ~j I I II I I I~ 1 I I I US Bank Outback I + iii I 2827 I z I 2825 9 y Q 2823 i = ICI f~l I 2821 i ~ 1 ri Chi p .p.^^ YI r ^ ~ ~~ 2~ ~ I 2~ ~ ti r o ~ r Y7 ~ r N ~ r c~ ~ r 2819 '4 `----------------------------------------------- 2817 i RADATZ AVE I ~-~------~-----------------~------------------- I j ~ O ~ [D [D op 2815 ~ I ~ ° 2813 i i 2 ~ 2811 i ~ ~ I I I ~ R ~ I I 2 I I I ~ Address Map 2831 Southla wn Mapletree Group Home 2715 i ~-------~-----~------ i Packet Page Number 124 of 240 N Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 13, 2004 Council Chambers, City Hall Meeting No. 04-28 A. B. C. K. CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Cardinal asked all residents to remember all those who are serving the country over the Holiday Season. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present 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 a~provin~ 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 Packet Page Number 125 of 240 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: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. City Council Meting 12-13-04 Packet Page Number 126 of 240 7. The use would not create excessive additional costs for public facilities or services. 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. £ 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. 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 CouncilmemberMonahan-Junek Ayes-Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Mayor Cardinal and Councilmember Koppen City Council Meting 12-13-04 Packet Page Number 127 of 240 Attachment 4 Mapletree 651 - 777-7722 2831 Southlawn Drive, Maplewood, MN 55109-1146 Fax: 651-748-1284 www.mapletree.org March 18, 2009 To: Community Development City of Maplewood, MN From: Jon Brandt, Director Mapletree Jon Brandt, MSW, LICSW jonbrandt@aol.com Director 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 Packet Page Number 128 of 240 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 administrators. Now in our 18th 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 there is one outcome that stands out: seldom does a day go by that we don't get a phone 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 Packet Page Number 129 of 240 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. Packet Page Number 130 of 240 Attachment 5 Maplewood Police Department CN Detail Report CN Detail for 07-D10444 Incident: 36 ALARMS Location: 2831 SOUTHLAWN DR Locale: MAPLETREE GROUP HOME SectorlGrid: N2 37 Call Date: 06/09/2007 11:56:56 Disposltlon: Defect alarm, prop secure Occur Date: 0 610 912 0 07 Priority: 2 Time Received: 11:55:56 OcCUrTime: 11:56:56 Source: Phone Time Sent: 11:57:55 Caller information FirelAmb: N Time Arrived: 11:59:08 Name: NATIONAL HOME SEC EDP; Time Cleared: 12:07:58 Address: Alarm: A ACC Console: 55 Phone: 800-877-3624 CAD Comments: MAPLE TREE GROUP HOME 777 7722 CVR: APARTMENT BEDROOM FRONT WINDOW 1 15 3 CONT KH Original Location :MAPLETREE GROUP HOME EMPLOYEES Employee Name Squad # SgTyp Beat Time Received Time Sent Time Arrived Time Cleared Bakke, Lonn 4479 1 N2 11:56:56 Belde, Stanley 4464 2 N2 11:56:56 12:07:49 12:07:58 Information requested by: (13587) 1 Printed at:04/07/2009 06:36:50 Packet Page Number 131 of 240 Maplewood Police Depaf-~ment CN Detail Report PUBLIC REPORT CN Detail for 07-010873 Incident: 2900 WARRANT-OOC WARRANT SERVED Location: 2831 SOUTHLAWN DR Locale: MAPLETREE GROUP HOME SectorlGrid: N2 37 Call Date: 06!1512007 15:08:92 Disposition: Report Received Occur Date: 0 611 512 0 07 Priority: 2 OccurTime: 15:08:00 Source: Phone Caller information FirelAmb: N dame: EDP: Address: Alarm: Phone: Information requested by: 03587) 1 Time Received: 15:08:12 Time Sent: 15:09:04 Time Arrived: 15:44:39 Time Cleared: 16:24:20 ECC Console: 55 Printed at:04/0712009 D6:35:08 Packet Page Number 132 of 240 Maplewood Police Department CN De#ail Report PUBLIC REPORT CiV Detail for 07-017091 Incident: Location: Locale: Call Date: Occur Date: OccurTime: Caller information Name: Address: Phone: 9820 PRIVATE DATA 2831 SOUTHLAWN DR CITY OF MAP 09/06/2007 16:16:25 09/06/2007 16:20:00 SectorlGrid: IV2 37 Disposition: Report Received Priority: 5 Time Received: 16:16:25 Source: Phone Time Sent: EirelAmb: ~ Time Arrived: EDP: Time Cleared: 16:16:29 Alarm: ECC Console: 47 Information requested by. (13587} 1 Printed at:x41x712009 x6:34:01 Packet Page Number 133 of 240 Maplewood Police Department CN Detail Report PUBLIC REPORT CN Detail for 08-002685 Incident: 70 INVESTIGATE-AND ALL OTHER Location: 2831 50UTHLAWN DR Locale: MAPLETREE GROUP HOME SectorlGrid: N2 37 Call Date: ~ 0211 012008 1 0:32:18 Disposition: Report Received Occur Date: 02/10/2008 Priority: 4 Time Received: 10:32:18 OccurTime: 10:20:00 Source: Traff stop Time Sent: 10:32:19 Caller information l=irelAmb: Time Arrived: 10:32:19 Name; EDP: Time Cleared: 10:52:41 Address: Alarm: ECC Console: 05 Phone: Information requested by: (93587) 9 Printed at:0410712009 06:33:0$ Packet Page Number 134 of 240 Maplewood Police Department CN Detail Report PUBLIC REPORT CN Detail far 08-003761 Incident: 9820 PRIVATE DATA Location: 2831 SOUTHLAWN DR Locafe: MAPD SectorlGrid: N2 37 Call Date: 02/28/2008 16:34:13 Disposition: Report Received Occur Date: 02129l20Q8 Priority: ~ Time Received: t6:34:13 DccurTime: 11:27:00 Source: Phone Time Sent: Caller information FirelAmb: N Time Arrived: Name: EDP: Time Cleared: 16:34:13 Address: Alarm: ECC Console: 13 Phone: Information requested by: (13587} 1 Printed at:0410712009 06:31:43 Packet Page Number 135 of 240 Maplewood Police Department CN Detail Report PUBLIC REPORT CN Detail for 08-005821 Incident: 3000 RUNAWAY Location: 2831 50UTHLAWIV aR Locale: MAPLETREE GROUP HOME SectorlGrid: iV2 37 Call Date: 03/29/2008 23:49:48 Disposition: Deport Received Occur Date: 03/29/2008 Priority: 4 Time Received: 23:49:48 OacurTime: 21:15:00 Source: 91i Time Sent: 23:53:13 Caller information FirelAmb: N Time Arrived: 00:13:13 Name: t=DP: Time Cleared: 00:46:48 Address: Alarm: ACC Console: 19 Phone: Information requested by: {135$7) 1 Printed at:0410712009 06:31:17 Packet Page Number 136 of 240 Maplewood Police Department CN Detain Report PUBLIC REPORT CN Detail for 08-005928 Incident: 70 INVESTIGATE-AND ALL OTHER Location• 2831 SOUTHLAWN QR Locale: SectorlGrid: N2 37 Cal! Date: 03/31/2008 19:13:37 Disposition: Scpplemental Report Occur Date: 03/31/2008 Priority: 4 Time Received: 19:13:37 OccurTime: 19:13:37 Source: 911 Time Sent: 19:13:55 Caller information FirelAmb: N Time Arrived: 19:16:46 Name: EDP: Time Cleared: 20:45:09 Address: Alarm: ECC Console: 26 Phone: Information requested lay: (13587} 1 Printed at:04I0712409 06:28:25 Packet Page Number 137 of 240 Maplewood Police Department CN Defiaii Reporfi PUBLIC REPORT CN Detail for D8-009176 incident: 3000 RUNAWAY Location: 2831 50UTHLAWN DR Locale: MAPLETREE GROUP HOME Call Date: 05117!2008 19:45:32 Occur Date: 05/17/2008 OccurTime: 06:00:00 Caller information Name: Address: Phone: SectorlGrid: N2 37 Disposition: Report Received Priority: 4 Source: 911 FirelAmb: N EDP: Alarm: Time Received: 19:45:32 Time Sent: 19:48:24 Time Arrived: 19:49:53 Time Cleared: 20:46:04 ECC Console: 20 Information requested by: (13587} ~ Printed at;0410712009 06:27:57 Packet Page Number 138 of 240 Maplewood Police Depar~rnent CN Detail Report PUBLIC REPQRT CN Detail for 08-O'fQ107 Incident: iD10 FORGERY-BY CHECK Location: 2831 SOUTHLAWN DR Locale: MAPLETREE GROUP HOME SectorlGrid: N2 37 Call Date: 05130I20D$ D9:24:09 Disposition: Report Received Occur Date: 0 511 712 00 8 Priority: ¢ Time Received: 09:24:D9 DccurTime: D6:00:00 Source: Phane Time Sent: 09:29:09 Caller information FirelAmb: N Time Arrived: 09:35:34 Name: EDP: Time Cleared: 11:73:17 Address: Alarm: ECC Console: 25 Phone: Information requested by: {13587) 1 Printed at:0410712009 06:27:40 Packet Page Number 139 of 240 Maplewood Police Department CN Detail Report PUBLIC REPQRT CN Detail for 08-0'13339 Incident: 21 SICK Location: 2831 SOUTHEJaWN DR Locale: MAPLETREE GROUP HOME SectorlGrid: N2 37 Cal[ Date: 07/10/2008 21:09:17 Disposition: Report Received Occur Date: 0711012x08 Priority: 2 Time Received: 21:09:17 OccurTime: 21.fl9.00 Source: 911 Time Sent: 21:09:36 Caller information FirelAmb: N Time Arrived: Name: EDP: Time Cleared: 22:09:53 Address: Alarm: ECC Console: 08 Phone: information requested by: (13587) 1 Primed at:0410712009 08:27:17 Packet Page Number 140 of 240 IVlaplewood Police Department CN i7etail Report PUBLIC REPORT CN Detail for 08-013423 Incident: 40 MISSING PERSONS Location: 2831 SOUTNLAWN DR Locale: MAPLETREE GROUP HOME 5ectorlGrid: N2 37 Call Date; 07/71/2008 23:50:27 Disposition: Assist and Advise Occur Date: 07/91/2008 Priority: 4 OccurTime: 23:50:27 Source: 911 Caller information FirelAmb: N Name: EDP: Address: Alarm: Phone: Time Received: 23:50:27 Time Sent: 23:56:51 Time Arrived: 00:05:10 Time Cleared: 00:30:34 ECC Console: 2s Information requested by: (13587) 1 Printed at:04107I2009 06:26:53 Packet Page Number 141 of 240 Maplewood Police Department CN Detail Report PUBLIC REPORT CN Detai! far 08-0[5835 Incident: 9820 PRIVATE DATA Location: 2831 SOUTHLAWN DR Locaie: MAPD SectorlGrid: N2 37 Call Date: 08/11/2408 16:00:42 Disposition: Report Received Occur Date: 08112/244$ Priority: 5 Time Received: 16:00:42 Occur7ime~ 11:26:DD 5ource• Phone Time Sent- Caller information FirelAmb: N Time Arrived: Name: EDP: Time Cleared: 16:00:42 Address: Alarm: ECC Console: 13 Phone: Information requested by: {13587) 1 Printed at:04107I2009 06:26:26 Packet Page Number 142 of 240 Maplewood Police Department CN Detail Report PUBLIC REPQRT CN Detail for 08-015849 Incident: 2644 OTHER ViOI.ATION-VIOLAT[ON COURT ORDER Location: 2831 SOUTHLAWN DR Locale: MAPLETREE GROUP HOME SectorlGrid; N2 37 Call Date: 08/11/2008 17:03:02 Disposition: Report Received Occur Date: 08/11/2008 Priority: 4 OccurTime: 14:00:00 Source: 911 Caller information FirelAmb: N Name: EDP: Address; Alarm: Phone: information requested by: (13587) 1 Time Received: 17:03:02 Tlme Sent; 17:09:14 Time Arrived: 17:22:13 Time Cleared: 17:50:49 ECC Console: 20 Printed at:04107I2009 06:25:55 Packet Page Number 143 of 240 Agenda Item M7 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Conditional Use Permit Review LOCATION: 297 Century Avenue South PROJECT: Ramsey County Correctional Facility DATE: April 20, 2009 INTRODUCTION The conditional use permit (CUP) for the Ramsey County Correctional Facility expansion at 297 Century Avenue South is due for review. This project consists of a 56,500-square-foot addition to the existing 130,837-square-foot facility. The expansion includes new inmate housing, the expansion of offices, enlarged dock facilities, an expanded inmate exercise yard, an expanded parking lot and several internal facility improvements. BACKGROUND December 9, 1991: The city council approved a CUP for the Ramsey County Correctional Facility inmate-housing expansion. March 11, 1996: The city council approved a CUP amendment for the county to quit farming and cattle raising and switch to plant nursery operations. November 13, 2001: The city council approved a CUP and the design plans for the Ponds of Battle Creek Golf Course. March 26, 2007: The city council approved the CUP for the current facility expansion project. April 14, 2008: The city council moved to review this permit in one year. DISCUSSION The building expansion has been completed. The applicant has a small amount of internal driveway work to be completed and lawn restoration on the north side of the building. The new driveway connection to Century Avenue also still needs to take place and would be done in coordination with the Century Avenue roadway improvements. This work will involve the removal of the existing driveway and additional landscaping. Since this remaining work must still take place, staff recommends that the city council review this CUP in one year to check on the completion of the final site work. RECOMMENDATION Review the conditional use permit for the Ramsey County Correctional Facility, located at 297 Century Avenue South, again in one year. p:sec12-28/Ramsey County CUP review 4 09 to #3 Attachments: 1. Location Map 2. Site Plan 3. March 26, 2007 city council minutes Packet Page Number 144 of 240 N Attach ~~ ~"~/ \ y ©ORLAND PL ~ r- '~ORLAND CT ~ R i~ , _ I Crestview Pa r I< ~~ 1 r~ _ ~ ~r~ ~ ~ ~ ~ pry ' ~ ~~~~~F ~~ ,~iRRrDG ~.. ~ r i ~ l j ~<,y Vista , ~ ~~ ~. Hills Parl< = 1 Location Map Ramsey County Correctional Facility The Ponds Golf Course Packet Page Number 145 of 240 5 t a r 3 I i s ~ - ' ~ ; ~ r~ ~ At a t ~. r :` F Packet Page Number 146 of 240 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m. Monday, March 26, 2007 Council Chambers, City Hall Meeting No. 07-06 L. NEW BUSINESS 2. Ramsey County Correctional Facility (297 Century Avenue South) a. Conditional Use Permit b. Design Approval (1) Senior Planner Ekstrand presented the report. Attachment 3 (2) Bruce Thompson, Asst. Director, Ramsey County Property Management Office introduced AI Carlson, superintendent of the correctional facility; Mark Lugadis and Dan Lotinger of BWBR Architects; Jessica Collin Pilarski of Loucks Assoc.; and Jay Biedny, project manager from Ramsey County. Mr. Thompson addressed the council. (3) Lorraine Fischer of the Planning Commission presented the commission's findings. (4) Linda Olson from the Community Design Review Board presented the review board's findings. Councilmember Hjelle moved adoption of the following resolution approving a conditional use permit for the expansion of the Ramsev County Correctional Facility located at 297 Centurv Avenue South RESOLUTION 07-03-041 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ramsey County applied for a conditional use permit for the expansion of the Ramsey County Correctional Facility. WHEREAS, Section 44-1092(1) of the city ordinances requires a conditional use permit for any public service or public building use. WHEREAS, this permit applies to the property located at 297 Century Avenue South. The legal description is: EX PART SWLY OF NEWAFTON ROAD; N %2 OF NE'/4 & EX CRESTVIEW; PART NE OF AFTON RD OF SW'/4 OF NE'/4 & SE'/4 OF NE'/4 & NE'/4 OF SE '/4 (SUBJ TO RDS & PIPE LINE ESMT) IN SEC 12 TN 28 RN 22. WHEREAS, the history of this conditional use permit is as follows: 1. On March 6, 2007, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. March 26, 2007 City Council Meeting Packet Page Number 147 of 240 2. On March 26, 2007, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of the community development department 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. 3. The city council shall review this permit in one year. 4. Comply with all requirements of the city's assistant fire chief, police department, engineering department and building official as stated in the staff report. 5. The applicant shall remove the existing temporary office building as part of this facility expansion. 6. Site lights shall be designed so the light source is not visible off site, shall not cause any glare beyond the property lines and not exceed maximum light-intensity requirements of the city ordinance. March 26, 2007 City Council Meeting 2 Packet Page Number 148 of 240 7. The expansion to the south end of the parking lot shall be installed with the proposed building expansion. 8. The future driveway to Century Avenue is approved as proposed and is expected to be built in 2009. The existing northerly driveway must then be removed and this area restored as lawn. 9. The location of the future garages behind the building is approved. The applicant must submit the design of these buildings to the community design review board for approval before construction. The Maplewood City Council approved this resolution on March 26, 2007. Seconded by Councilmember Cave Ayes-all Councilmember Hjelle moved design approval for the plans date-stamped February 5, 2007 for the expansion of the Ramsey County Correctional facility at 297 Century Avenue South. Approval is subject to the applicant complying with the following requirements: 1. Repeat this review in two years if the city has not issued a permit for this project. 2. Before getting a building permit, the applicant shall obtain a conditional use permit for the proposed expansion. 3. The applicant shall remove the temporary office building as part of this facility expansion. 4. Before getting a building permit, the applicant shall submit a revised photometric plan showing that all new freestanding lights maintain a height of 25 feet or less as measured from ground grade to the top of the lumen. 5. Before getting a building permit, the applicant shall submit a revised grading and drainage plan which addresses all the issues spelled out in the city engineering review dated March 7, 2007. 6. The expansion to the south end of the parking lot shall be installed with the proposed building expansion. 7. The location of the future garages behind the building is approved. The applicant must submit the design of these buildings to the community design review board for approval before construction. 8. Before getting a building permit, the applicant shall submit a revised landscape plan showing the caliper inches of the trees to be replaced. The plan must reflect that the total caliper inches of trees replaced equals 25 as required by city code. 9. Any trash that is kept outside shall be kept in the rear of the building out of the public's sight as required by city code. 10. If any required work is not done the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. c. The amount shall be 150 percent of the cost of the unfinished work. March 26, 2007 City Council Meeting 3 Packet Page Number 149 of 240 11. When the Ramsey County Public Works Department completes the relocation of the driveway, the row of trees and shrubs that are along the street frontage shall be further extended across the driveway opening when the existing driveway is removed. 12. All work shall follow the approved plans. Staff may approve minor changes. Seconded by Mayor Longrie Ayes-all March 26, 2007 City Council Meeting 4 Packet Page Number 150 of 240 Agenda Item M8 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Conditional Use Permit Review PROJECT: Beaver Lake Town Houses LOCATION: Maryland Avenue and Lakewood Drive DATE: April 16, 2009 INTRODUCTION The conditional use permit (CUP) for the planned unit development (PUD) for the Beaver Lake Town Houses is due for review. This is a residential development under construction on the south side of Maryland Avenue, east of Lakewood Drive. BACKGROUND On May 28, 2002, the city council made several approvals for the Beaver Lake Town Houses. These included: A conditional use permit (CUP) for a planned unit development (PUD) fora 148-unit housing development. The applicant requested the CUP because Section 44-1250 of the city code (shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland district of Beaver Lake and will have a mix of housing with 40 single-family detached townhomes and 108 rental units in 11 8-unit and 5 4-unit buildings. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements would normally allow. (See the approved site plan attached) 2. Street right-of-way and easement vacations. These were for the unused street right-of-ways and easements on the site. 3. A preliminary plat to create the lots in the development. 4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. (See the city council minutes attached) On July 9, 2002, the community design review board (CDRB) approved the proposed design plans (architectural, landscaping, etc.) for the development. Mr. Emmerich appealed to the city council a part of the CDRB's approval about brick on the exteriors of the four and eight-unit buildings. (See the CDRB minutes attached) On August 12, 2002, the city council approved Mr. Emmerich's appeal of the CDRB's condition about adding more brick to the four and eight-unit buildings within the site. (That is, the city will not be requiring Mr. Emmerich to add more brick to the buildings as the CDRB required.) On August 26, 2002, the city council awarded the contract for the construction of the Beaver Lake sanitary sewer improvement project to Barbarosoa and Sons, Inc. They completed this sewer project in December 2002. Packet Page Number 151 of 240 On November 13, 2002, the city council approved the first final plat for the Beaver Lake Town Houses. This plat created six lots for detached town houses along Maryland Avenue, several outlots for future phases of the development and the park area along the creek in the center of the site. On March 31, 2003, the city council approved the second final plat for the Beaver Lake Town homes. This plat created 16 lots for detached town houses in the area west of Sterling Street and south of the creek corridor. On June 9, 2003, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On September 8, 2003, the city council approved the Beaver Lake Townhomes Third Addition final plat. This plat created 18 lots for detached town houses in the area west of the creek and east of Lakewood Drive. On June 28, 2004, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On June 13, 2005, June 26, 2006, June 11, 2007 and January 14, 2008 the city council reviewed the conditional use permit for this property. On March 24, 2008, the city council approved the final plat for the Beaver Lake Fourth and Fifth Additions. These final plats created new lots for the construction of new units from former outlots. On June 23, 2008, staff presented to the city council the landscape and tree plans for Beaver Lake Townhomes. DISCUSSION Since the last review of this CUP, the required rail fences along two trails have been installed. Also, several required trees have been planted throughout the site. Staff will continue to monitor that the trails are maintained and that any dead or unhealthy trees are replaced in a timely manner. Concerns with private street width Staff contacted Beaver Lake resident Bill Schreiner, who had previously raised concerns about the development, to see if there were any additional concerns. Mr. Schreiner stated that he did not feel that the private street widths met the CUP requirements. The CUP requires private streets be a minimum of 20 feet overall in width. It is also required for streets with parking on one side to be a minimum of 28 feet in width. Streets less than 28 feet would prohibit parking on either side. The CUP also requires streets be no more than 28 feet in width. On typical streets in Maplewood, with raised curbs, street width is measured from face of curb to face of curb. A "D-Curb" is utilized throughout the Beaver Lake development. This type of curb is flatter in nature, with a slight incline on the backside to drain and direct water. Public works confirmed that from the back edge of this curb to the other back edge the private street width is 28 feet. Staff feels the type of curbs utilized in the development are "drivable" and suitable for parking vehicles. The development currently has no parking signs posted on one side of the street throughout the development -with parking allowed on the other side of the street. Packet Page Number 152 of 240 City Engineering Department/Public Works Comments Steve Kummer, city staff engineer, reported that engineering staff make frequent and regular trips to the Beaver Lake townhomes site to check on compliance with conditions relating to erosion control. Mr. Kummer stated that the City of Maplewood has required the developer to make intermittent corrections due to on-going construction. Mr. Kummer stated that he is satisfied that the developer is meeting all conditions of approval of the CUP. Summary While this project has taken several years to construct so far and staff expects that the developer/builder may take several years to finish the project, the developer has met and is meeting conditions of approval as set by the city. There have not been any changes to the area that would warrant the city making changes to the conditions of approval or to the approved project plans. As such, the city council should review this CUP again in one year to ensure that the developer and contractor are meeting all the city conditions as the contractors move forward with the construction within the development. RECOMMENDATION Review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site or to the project plans. Kr/p:sec25/Beaver Lake TH CUP Review_041609 Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. May 28, 2002 City Council Minutes 5. July 9, 2002 CDRB minutes 6. Building Elevations and Details Packet Page Number 153 of 240 Packet Page Number 154 of 240 Location Map Beaver Lake Townhomes Packet Page Number 155 of 240 Zoning Map Beaver Lake Townhomes Attachment 3 ,~~ *_ _S, y ~ ~ ti~ l~ ~`~. ~ ti~ ~ I ~ i ' 1- ,~. r r ! ~ ~ ~~ ~ ~ ~ ~ . 3~~ I F I~ ~ s~ T, • ~ k i jj ~ ~ ~ ~ ~ ~ ~'~_~' r omo o .~" , ! ~ x ! ~ I .~ - ' ~, , ~' ~ f ~ ~ _ _... ~ - ~~C~ ~~ ~ ~ - '''-- _ r-,4~ ~ !~ ~ z ' ---' _! -~.r ~.; I r l lid., - ,yl s a 1:: ~ - 4 - S, wor-~- - ~ ~ ~ ~ r ~,~r~~ ~ ,~~r;~~? II~~~r` .. w .~ ~~~i ~ • r - ` ~ ~ ~ ~~~ ~ Cu ~ ~ ~~~ ~ ~~~~~ ~ ~ . L ~ _i ,.T _ _ ~F ___ _ i r '" ff-- g , ;,. _ ~" _ ~' 't Ali ^ ^ - -__- _-__- _ --_ P. -_ •y(ll = a,r,~,, 7 ~ I I ~`~ ~ Ir ~ sa ~i~- ~ ,., _~ ~ ~ .,, m , ~ --------__ __ i~ri- °° ------ f ,, m s 'rp, . ~ rte; :-, ~~ r-`L~ _-_ ,. o-s~ C F, P ,2('?ag Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02-11 A. A. B. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2. 9:33 Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue) A. Conditional Use Permit for a Planned Unit Development (PUD) B. Street Right-Of--Way and Easement Vacations C. Preliminary Plat a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. Councilmember Collins moved to extend the meeting until all agenda items are addressed. Seconded by Councilmember Juenemann Ayes-All d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Laurence Olson, LSJ Engineering, Representing the Developer of Beaver Lake Townhomes Mark Dorling, 1115 Sterling Street North, Maplewood Kay Peterson, 1085 Mary Street, Maplewood Margaret Lutfey, 1076 Mary Street, Maplewood Bob Zick, 1880 E. Shore Drive, Maplewood City Council Meeting OS-28-02 Packet Page Number 157 of 240 Kevin Berglund, 1929 Kingston Avenue, Maplewood Joan Dorling, 1115 Sterling Street North, Maplewood Will Rossbach, 1386 E. County Road C, Maplewood Kay Peterson, Second Appearance Mark Dorling, Second Appearance Bob Zick, Second Appearance Kevin Berglund, Second Appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the followinu~ resolution approving a conditional use permit for a planned unit development for the Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive: RESOLUTION 02-05-098 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the A7E Companies, applied for a conditional use permit (CUP) for the Beaver Lake Townhomes residential planned unit development (PUD). WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (PINS 25-29-22-21-0010 and 25-29-22-21- 0011.) WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. The council tabled action on the development request until May 14, 2001. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 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. 2 City Council Meeting OS-28-02 Packet Page Number 158 of 240 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the plans date-stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: (1) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. (2) The required trails and sidewalks. (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (4) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26-34. City Council Meeting OS-28-02 Packet Page Number 159 of 240 (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) main as it is now. The Parks and Recreation Director shall approve the land or the area(s) for dedication to the city. The city shall use the Greenways grant from the DNR, while matching the state dollars with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. * Have the city engineer approve final construction and engineering plans. These plans shall: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and parking lot plans. b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: (1) Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City-required trails are allowed in the buffer and park dedication areas. c. Include a storm water management plan for the proposal. d. Include a coordinated plan with the public works department for the design and 4 City Council Meeting OS-28-02 Packet Page Number 160 of 240 installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. Install asix-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The developer's engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. g. Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: (1) From Private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of grading necessary to install the trails. b. Restore all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. 5 City Council Meeting OS-28-02 Packet Page Number 161 of 240 6. * The developer shall give the city wetland easements over the wetlands and the stream. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank. These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and the stream or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream habitat from encroachment. 2. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be: a. Front-yard setback (from a private driveway): minimum - 20 feet, maximum - 3 5 feet b. Front-yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear-yard setback: none d. Side-yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings 8. This approval does not include the design approval for the townhomes or for the apartments. The prof ect design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities. d. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. 6 City Council Meeting OS-28-02 Packet Page Number 162 of 240 (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 10. The developer paying the city $94,000 in Park Availability Charges (PAC fees) for this development. 11. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to adopt the following resolution a~provin~ a street right- of-way and easement vacations for the Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue): RESOLUTION 02-05-099 STREET RIGHT-OF-WAY VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following described street right-of--ways: That part of the Sterling Street right-of--way as a roadway easement according to the document filed with Ramsey County lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition. 2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition lying between the east right-of--way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended south. All in Section 25, Township 29, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: On April 15, 2002, the planning commission recommended that the city council approve these street vacations. City Council Meeting OS-28-02 Packet Page Number 163 of 240 2. On May 28, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. Lot 5, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0010) 2. Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) The North 161.83 feet of the West 1/4 of the SE 1/4 of the NW 1/4 (subject to roads) of Section 25, Township 29, Range 22 (1070 Lakewood Drive North) (PIN 25-29-22-24-0072) 4. Except the North 290.66 feet of the West 1/2 North 677.06 feet of the West 1/2 of the SE 1/4 of the NW 1/4 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25-29-22-24- 0073) All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described vacation since it is in the public interest based on the following reasons: 2. The adj acent properties have adequate street access. 3. These right-of--ways are not needed for the public purpose of street construction. 4. The developer will be building private streets and driveways in the project. RESOLUTION 02-05-100 EASEMENT VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following-described easements: That part of the following sanitary sewer easement according to document number 1504484 lying within Lots 7 and 8, Block 2, Beaver Lake Addition, described as follows: Beginning on the West line of the Northeast quarter of the Northwest quarter of Section 25, Township 29, Range 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of Northwest quarter; thence East 153 feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 172.9 feet; thence South 1 degree 38 minutes 30 seconds West a distance of 80 feet; thence South 88 degrees 21 minutes, 30 seconds East a distance of 170.25 feet more or less to a point on the West line of the 50 foot sewer easement hereinafter 8 City Council Meeting OS-28-02 Packet Page Number 164 of 240 described, all of the foregoing being over Lot 8, Block 1 and Lots 7 and 8, Block 2, Beaver Lake Addition. All lying south of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting property: Lot 8, Block 1, Beaver Lake Addition and Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacations for the following reasons: It is in the public interest. 2. The city and the adj acent property owners have no plans to build a street or utilities in these locations. The adjacent properties have access to public streets and utilities. Seconded by Councilmember Collins Ayes-All Councilmember Koppen moved to adopt the preliminary plat for Beaver Lake Townhome development on the south side of Maryland Avenue between Sterlinu Street and Lakewood Drive. The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: 9 City Council Meeting OS-28-02 Packet Page Number 165 of 240 a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. Have Xcel Energy install Group V rate street lights in at least 15 locations -primarily at street and driveway intersections and street or driveway curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic-control, street identification and no parking signs. e. Provide all required and necessary easements. f. Cap, seal and abandon any wells that maybe on the site, subject to Minnesota rules and guidelines. g. Complete and replace as necessary all curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks, complete the following: (1) Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. All trails between lots shall be in apublicly-owned pedestrian way or outlot. (2) The developer also shall build asix-foot-wide sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. (3) The developer shall install atwo-rail split-rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. (4) The developer shall build the trails, sidewalks and fencing with the driveways and streets before the city approves a final plat. (5) The city engineer must approve these plans. 10 City Council Meeting OS-28-02 Packet Page Number 166 of 240 Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. j. Install survey monuments along the wetland boundaries. k Install survey monuments and signs along the edges of the area labeled "Park Dedication." These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. b. Install signs where the driveways for the apartments and for the town houses intersect the public streets indicating that they are private driveways. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (3) Contour information for all the land that the construction will disturb. (4) Building pads that reduce the grading on site where the developer can save large trees. (5) The street, driveway and trail grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. 11 City Council Meeting OS-28-02 Packet Page Number 167 of 240 (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (2) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (3) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (4) Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (5) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil-stabilization blankets. (ll) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. c. * The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. 12 City Council Meeting OS-28-02 Packet Page Number 168 of 240 (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 ) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c)along the trails (d) along the east side of Lakewood Drive to screen the proposed buildings from Beaver Lake (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility plans shall show: (1) An eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. The parks and recreation director shall approve their locations and design. (2) The public streets and driveways shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (3) All the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. 13 City Council Meeting OS-28-02 Packet Page Number 169 of 240 (4) The removal of the unused driveways and driveway aprons and the completion of the curb and gutter on Sterling Street and on Maryland Avenue and the restoration and sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (6) All utility excavations located within the proposed right-of--ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. (9) A coordinated sewer realignment and reconstruction plan. The city engineer must approve the sanitary sewer realignment plans. (10) Asix-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. e. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Show the wetland boundaries on the final plat as approved by the watershed district. c. Show the park dedication boundary and area on the final plat. d. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street right-of--ways. e. Show street names for the driveways as follows: (1) Private Driveway A in the west one-half of the site shall be called "Beaver Creek Parkway." (2) Private Driveway B in the west one-half of the site shall be called "Beaver Creek Lane." (3) Private Driveway D in the east one-half of the site shall be called "Sterling Circle." City Council Meeting OS-28-02 14 Packet Page Number 170 of 240 (4) Private Driveway E in the east one-half of the site shall be called "Sterling Lane." f. Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline. (code requirement) h. Label the common areas as outlots. B. Show the trails in publicly owned property or easements. j. Show the area between buildings 8 and 9 and buildings 21 and 22 as separate outlots and dedicate each of these to the city. 5. Secure and provide all required easements for the development. These shall include: C. Any off-site drainage and utility easements. D. Wetland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading or dumping within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the stream and wetlands from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. Any easements the city needs for the realignment of the sanitary sewer through the site. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This sewer project also will require an assessment agreement between the developer and the city to compensate the city for the benefit that the developer receives from the city sewer construction. 7. Record the following with the final plat: City Council Meeting OS-28-02 15 Packet Page Number 171 of 240 a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 1 through 3, Lots 19 through 24 and buildings 41 and 42 of the proposed preliminary plan the city received on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. d. A deed dedicating a stream buffer easement (50 feet from the top of each stream bank) for the stream that crosses the site. e. Deeds for the stream and wetland buffer easements surrounding the stream and the wetlands. f. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. E. A deed that transfers the ownership of the park dedication area to Maplewood. F. Deeds that transfer the ownership of the outlots between buildings 8 and 9 and buildings 21 and 22 to the city. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 8. Submit the homeowners' association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structures. 9. Show the wetland boundaries on the plat as approved by the Watershed District. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to meet wetland regulations. 10. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 11. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. 16 City Council Meeting OS-28-02 Packet Page Number 172 of 240 Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Koppen, Wasiluk Nays-Councilmember Juenemann Councilmember Koppen moved to adopt the following resolution approving the on street parkin standards for the Beaver Lake Townhome development: RESOLUTION 02-05-101 NO PARHING RESOLUTION WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake Townhomes. WHEREAS, the developer wants to have reduced street right-of--way widths, reduced street pavement widths and reduced private driveway widths in this development. WHEREAS, the city has approved reduced street right-of--way widths, reduced street pavement widths and reduced driveway widths in the development, subj ect to on-street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits parking on one side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhome PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25-29-22. Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Wasiluk, Koppen Nays-Councilmember Juenemann Councilmember Koppen moved to authorize city staff to spend up to $400,000 of the open space funds for the 8.9 acres which would include the $150,00 matching grant form the DNR Greenways Pro, r,,,~ am. Staff was also directed to make the developer aware that the city would like to see his participation in the open space program. Seconded by Councilmember Collins City Council Meeting OS-28-02 Ayes-All 17 Packet Page Number 173 of 240 Attachment 5 VI MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 9, 2002 CALL TO ORDER Chairperson Ledvina called the meeting to order at 6:00 p.m. ROLL CALL Matt Ledvina Craig Jorgenson Diana Longrie-Kline Linda Olson Ananth Shankar Staff Present: DESIGN REVIEW Present Present Present Present Absent Shann Finwall, Associate Planner Lisa Kroll, Recording Secretary b. Beaver Lake Townhomes -South of Maryland Avenue, between Sterling Street and Lakewood Drive Ms. Finwall outlined the details of the Beaver Lake Townhomes. The development will include 40 single-family detached townhomes and 108 rental units in eleven 8-unit and five four-unit buildings. Staff recommends approval of the design review of Beaver Lake Townhomes with conditions as outlined in the staff report. Larry Olson of LSJ Engineering addressed the board. He presented to the board drawings of the renditions of the townhomes that homeowners could choose from. Doug Moe, architect for the Beaver Lake Apartments addressed the board. He stated the smallest building will be 4 units and will have one and two bedrooms. The larger units will have two and three bedrooms. Mr. Moe showed board members the drawings and color schemes of the apartment buildings. Chairperson Ledvina asked the applicant why the brick wainscoting was not continued along the front elevation of the apartments. Ms. Finwall said originally the applicant did not have any brick. Staff recommended adding brick to tie the buildings in with the townhomes. The developer submitted revised plans showing brick wainscoting along a portion of the front elevations and on the garage elevations. Board member Olson asked staff if there was going to be a revised light plan revision submitted? Ms. Finwall said correct. Packet Page Number 174 of 240 Community Design Review Board 2 Minutes 7-9-2002 Chairperson Ledvina said he prefers the design of sample "B" compared to the design of sample "A" regarding the floor plans for the townhomes. He thinks there should be a two-foot return on the side elevations of the townhomes. He feels it gives a much nicer appearance in his opinion. He likes the design of the multi tenant buildings. He would like to incorporate the brick design on the entire elevation and have it be continuous around the whole building. Board member Olson said she prefers the brick to stop at the corner and not be a two- foot wrap around on the townhomes. She has a concern about the side elevation with only one window. Perhaps landscaping could be added to that side to dress up the expansion. Board member Jorgenson said he likes the brick idea on both projects. It adds a lot to the structure and saves maintenance on the exterior of the building. He likes the various alternatives the applicant would be offering to the potential homeowner. It will be a nice mix he said. Board member Olson said she thinks it should be up to the potential homeowner if they want brick wrapped around the building or not. Board member Longrie-Kline agreed that she liked the design of the buildings and the alternatives in the townhome designs for the potential homeowners. She doesn't have a preference for the brick on the buildings. In her opinion she thinks it looks fine either way. Having more brick on the structures would make for a more consistent community with the townhomes and apartment buildings. Mr. Moe said adding more brick adds to the cost of the project. Mr. Moe said the one- bedroom units are about 800 square feet, the two bedroom units are about 1,100 square feet, and the three bedroom units are about 1,300 square feet in size. Chairperson Ledvina said he can appreciate the concern about the additional price of adding brick. Brick would actually save on the siding of the apartment buildings in the long haul and aesthetically it would be more pleasing. It is a very small percentage of cost to be added. Board member Olson said that the apartment with two or more bedrooms will attract people with children and this could save on the exterior of the building having brick on it as opposed to just vinyl siding. She would agree with chairperson Ledvina in his statements. Board member Jorgenson moved to approve the project design plans (architectural, landscaping and lighting plans) for the Beaver Lake Townhouses (dated June 19, 2002). The city bases this approval on the findings required by the code. The developer or contractor shall do the following: (changes are in bold) 1. Repeat this review in two years if the city has not issued a building permit for this project. Packet Page Number 175 of 240 Community Design Review Board 3 Minutes 7-9-2002 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include the grading, utility, drainage, erosion control, tree, trail, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions and requirements of the assistant city engineer and the following: (1) The erosion control plans shall be consistent with the city code. (2) The grading plan shall show: (a) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (b) Contour information for all the land that the construction will disturb. (c) Building pads that reduce the grading on site where the developer can save large trees. (d) The street, driveway and trail grades as allowed by the city engineer. (e) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (f) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit form the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (g) Sedimentation basins or ponds as required by the watershed board or by the city engineer. Packet Page Number 176 of 240 Community Design Review Board 4 Minutes 7-9-2002 (h) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (i) No grading or ground disturbance (except where utilities or trails are installed) in the: 1. Required wetland and stream buffer areas. 2. Park dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City-required trails are allowed in the buffer and park dedication areas. (j) Additional information for the property south of the project south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (k) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1,3, and 4). The contractor shall protect the overflow swales with permanent soil- stabilization blankets. (I) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. (m) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: 1. As allowed by the watershed district. 2. For the utilities, trails and footbridge. Packet Page Number 177 of 240 Community Design Review Board 5 Minutes 7-9-2002 (n) The required trails and sidewalks. (o) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (3) A detailed tree planting plan and material list, which shall: (a) Show where the developer or contractor will remove, save or replace large trees. (b) Show the size, species and location of the replacement and screening trees. The new screening trees shall be grouped together and shall include the planting of additional native evergreens and shrubbery on the site to provide additional screening and privacy between the proposed townhouses and the single dwellings to the south as well as screening from the proposed apartment buildings and Beaver Lake. The screening evergreens should include Austrian Pine, Black hills Spruce, Eastern Red Cedar and Eastern Arborvitae. Plant the additional screening evergreens and shrubbery as follows: 1. Along the south property line, adjacent the detached townhouses, to at least the west edge of Sterling Lane. Evergreens planted in this area shall be at least six (6) feet high and planted in a staggered row. Overall plantings within this area shall produce an 80 percent opaque screening from the townhouses and the adjacent single family dwelling to the south. 2. Along the west property line, adjacent the apartment buildings, to the south property line. Evergreens and shrubbery in this area shall be planted in a manner that helps reduce the visibility of the apartments from Beaver Lake. (c) All new and replacement deciduous trees shall be at least two and one half (2'/z) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples, or other native species. All replacement evergreens shall be at least eight (8) Packet Page Number 178 of 240 Community Design Review Board 6 Minutes 7-9-2002 feet tall and all new evergreens shall be at least (6) feet tall, excluding the new evergreens planted on west property line as noted above. (d) Show no tree removal beyond the approved grading and tree limits. (e) Show the planting of at least 270 new trees after the site grading is done. (4) All the parking areas and driveways shall have continuous concrete curb and gutter. (5) The site, street, driveway, sidewalk and utility plans shall show: (a) A six foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The public works director shall approve the location and design of the sidewalk. (b) A water service to each detached housing unit. (c) The repair of Maryland Avenue and Sterling Street (street and boulevard) after the developer connects to the public utilities and builds the private driveways. This shall include replacing all unused existing driveways and curb cuts. (d) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire-flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (e) The plan and profiles of the proposed utilities. (f) All private roads at least 20 feet wide. If the developer wants to have parking on one side of a private road, then that private road must be at least 28 feet wide. (g) All private roads less than 28 feet in width shall be posted for "No Parking" on both sides. Private roads at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. Packet Page Number 179 of 240 Community Design Review Board 7 Minutes 7-9-2002 (h) All parking stalls with a width of at least nine feet and a length of at least 18 feet. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Revise the landscape plan for city staff approval showing: (1) A variety of shrubs planted within the ponding areas and along the proposed trails between buildings 8 and 9 and buildings 21 and 22. These should include Alpine Current, Yew, Glossy Black Choke Berry, American Cranberry (short cultivar), Purple Leaf Sand Cherry and Dogwood. These plantings are to provide a variety of colors and textures on the site and to provide separation between uses. (2) All lawn areas shall be sodded. The city engineer shall approve the vegetation within the ponding areas and on the steep slopes. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with a wood fiber blanket, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (3) Having in-ground irrigation for all landscape areas (code requirement). (4) The restoration of all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. d. Show city staff that Ramsey County has recorded the deeds and all homeowner's association documents for this development before the city will issue a certificate of occupancy for the first town house unit. e. Submit a photometric plan for staff approval as required by the city code. f. Submit revised building elevations as follows: (1) Apartment building elevations showing the brick wainscoting extending around the entire building. Packet Page Number 180 of 240 Community Design Review Board 8 Minutes 7-9-2002 (2) Townhouse elevations showing that the front brick wainscoting for all proposed front elevations (A-1, A-2, A-3, B-1, B-2, and B-3) wraps around the building by two (2) feet on each side. g. Submit samples of all building materials (including siding colors) for the buildings to the city for staff approval. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction and set new property irons for the new property corners. b. Restore and sod damaged boulevards and sod all turf areas outside of the ponding areas. c. Install a reflectorized stop sign at the Lakewood Drive exit, no parking signs along the private driveways as required by code and addresses on each building for each unit. In addition, the applicant shall install stop signs and traffic directional signs within the site, as required by staff. d. Construct a six-foot-wide concrete public sidewalk between Sterling Street and the west property line of the site. The Maplewood Public Works Director shall approve the location and design of the sidewalk. e. Complete the site grading and install all required landscaping (including the foundation plantings), ponding areas and an in- ground lawn irrigation system for all landscaped areas (code requirement). f. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. g. Install on-site lighting for security and visibility, subject to city staff approval. h. Construct two-rail split-rail fences along the trails in the following locations: (1) From Beaver Creek Parkway between Lots 8 and 9 to near the stream in the center of the site. (2) From Sterling Circle between Lots 21 and 22 to near the stream in the center of the site. Packet Page Number 181 of 240 Community Design Review Board 9 Minutes 7-9-2002 4. If the contractor has not completed any required work, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Board member Olson seconded. Ayes -Jorgenson, Ledvina, Longrie-Kline, Olson The motion passed. Packet Page Number 182 of 240 ~.. Attachment 6 LEFT ELEVATION _. 4~~11~ 11-On SIGHT ELEVATION, I/bll s II_aN (LEpT B4eVA~dN 31M~~ FRONT _~.4wEVAT1~I~ _.:.I/~ff~l'-o° (PEYJ~&tL'vn~~slw). 6L~G5. S-1, 8-l0, 8-11- HFAR ..EI.~VAT.LO:N:_ ar.pGG. B-2, a-3, B-9, S-5, a-6 J31.GHT° EL~VAT1.ON. .`y$~ = 1~-a°:'"(lR•tITSFhGII+G y7p{+y~HU ~~ PREP®SED ~UIL~IN~ ELEVAT°IOiVS 4 N Packet Page Number 183 of 240 ~e 58~ T 6L, ~IlINQ-fib VINYL S~PI14G -- -_ _~ W. - ~~$Ftll'}`L~-~+ .-Hawes. ~!YiP -__ _ -_ _ __- _ --- ' ~ -VINYL 'ylAa ®~ • x"E:16NT'. rnr+~' O - a ~ D~QQ~ ~Q~ ~~ ~ ~Q~~~ ~NVELI~D-..- _Y..~J,/'te ~G ~.~L7 Q~ Q - FI{~ ZFIaFL C~f_YJ© ~' SIC... =1~7 Q~ QOClC7Ci _.. `RJGHT' Et~1l'ATION --I//pU~ll-OA ( LEFY al-G~//1TL~Ih1 bin•~ _. fi •. ~ Y 6 + 9 ° 3FlITl p'Xr }IPiNp ~ . 4. HIr a~.6 J• --..(~6/-~r"~rJ~ - ~ ~ _ VINYL. SIPIHG - _ _ _----- _- :-~yOw2. AxW o - ..~ ._ .. - - y a .-, ', '• _ --_- LJLJ ____ n EJ ~- G~.~ 1=RIO~Yc ~,FION7 ELEVATION . _... I ~gA s IS.oA (RENL Ea2JATaN 911/I.}~ SLDGS. B-7~ 8-H, H-9, B-12~ B-13, H-T9~ 8-15, PR®P®E® ~lJ1L®IIVG ELE1/AT1®NS 4 N Packet Page Number 184 of 240 ooua~AS ~. woE ARCHITQCTB IMC~ORPORATEO, _ -r ....r.. ~. ~ FRONT ELEVATION. -(T7P1~+[.. AFL ~-pYS.~ EVIL®IIV~ ELEI~AI°IOIV ~ET'AIL 1Y Packet Page Number 185 of 240 OOUOLAB A. NOE AACHiTECTB INCORPORATED Q ~ VJ ~N _^ ~ . ~ -. _. L r ~..~ SECTi~N ~~-_- ~ ~~ LIIL.®~~~ SECTI®~V ®ETe41L ' 1 lY J Packet Page Number 186 of 240 Agenda Item M9 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 Packet Page Number 187 of 240 4 Y {: 1 ri r 4 Y {: 1 ri r 4 `'; :< ' iS r ,1 1 .. y .. 7, iS r I � - _ -_ - - --� - _ � - - _ -_ - -f _. _. � Packet Page Number 192 of 240 Agenda Item M 10 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. Packet Page Number 193 of 240 Agenda Item M 11 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. Packet Page Number 194 of 240 Agenda Item M 12 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. Packet Page Number 195 of 240 Agenda Item M 13 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 Packet Page Number 196 of 240 Agenda Item M13 Attachment 1 TRAFFIC AND LIGHTING INFRASTRUCTURE MAINTENANCE AGREEMENT BETWEEN THE CITIES OF SAINT PAUL AND MAPLEWOOD An Agreement dated this ~~~~ day of ~~' , 2005 by and between the City of Saint Paul, a Minnesota municipal corporation hereinafter "St. Paul" and the City of Maplewood, a Minnesota municipal corporation, hereinafter "Maplewood." WITNESSETH: Whereas, St. Paul possesses the skill and expertise via its Department of Public Works, to service, repair and maintain street lights, traffic signals, signs, and pavement markings and have serviced its own traffic and lighting infrastnicture for several decades (the "Services"); and Whereas, Maplewood has need of the Services at various locations within its borders; and Whereas, both St. Paul and Maplewood are willing to enter into an agreement whereby St. Paul will provide Maplewood with Services and Maplewood will pay St. Paul for the same; and Whereas, Minnesota Statutes, Section 471.59, provides that two. or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. Now therefore, IT IS MUTUALLY AGREED BY AND BETWEEN ST. PAUL AND MAPLEWOOD AS FOLLOWS: 1. That St. Paul will provide general maintenance and repair Services (including bulb replacement) in a timely manner for those street lights listed on Addendum A which is incorporated herein by reference. 2. That Addendum A may be amended by Maplewood at any time providing such amendment is in writing and specifically describes the nature and type of such matter, its location and effective date of the change. Such amendment shall be sent to Traffic Operations Engineer, 899 N. Dale Street, Saint Paul, Minnesota 55103. Amendments to Addendum A can also include ongoing or short term requests for services for traffic signal maintenance, pavement marking installation, sign manufacturing, repair or installation or other traffic infrastnicture installation, maintenance or repair. 3. That said services shall include repair of malfunctions and knockdowns as they occur. Painting of poles may be arranged through the City of Saint Paul, or its contractor, which Packet Page Number 197 of 240 ~5- ~`1 Agenda Item M13 Attachment 1 will be paid directly by Maplewood. Services contemplated herein do not inchide energy costs. 4. That all electrical work performed by St. Paul will be in conformance with the national electrical code and in a neat and workmanlike manner. Further, traffic control during any maintenance performed by St. Paul shall be structured according to Appendix B of the Manual of Uniform Traffic Control Devices. 5. That any construction work, excavation work and concrete work needed for the effective installation, repair or maintenance of the street lights serviced by St. Paul shall be done by Maplewood or covered under a separate agreement. 6. That any damaged materials removed by St. Paul from the street lights pursuant to this agreement shall be turned over to Maplewood for inspection and disposal. 7. That Maplewood shall furnish to St. Paul a copy of any and all repair and maintenance manuals and revisions of the same for any and all equipment. 8. That Maplcwood shall, from time to time, provide a written list of persons authorized by Maplewood to call for service hereunder. Any call for service by any other persons shall be verified by St. Paul before work commences. 9. That authorized Maplewood representatives shall direct telephone calls for Services when needed between the hours of 7:30 AM and 4:30 PM Monday through Friday excluding legal holidays to St. Paul's traffic operations center at 487-7200. At all other times, calls for service shall be directed to St. Paul's 24-hour dispatcher at 292-6600. 10. That St. Paul shall immediately dispatch qualified personnel to repair and correct emergency or dangerous situations on a priority basis considering all streetlights maintained by St. Paul, taking care of the most dangerous situations first. 11. That St. Paul shall, for non-emergency or non-dangerous situations, respond to calls for service within twenty-four (24) hours if such calls are received between 7:00 AM and 5:30 PM, Monday through Friday, excluding legal holidays. A call for service at any other time shall be responded to within seventy-two (72) hours. 12. That to the extent possible, depending on St. Paul's complement of available staff and available parts, any streetlight covered hereunder shall be restored to normal operation within seventy-two (72) hours from the time the call for service is received. 13. That St. Paul will bill Maplewood for Services rendered hereunder on a monthly basis detailing a description of the work involved; the labor and equipment used in the performance thereof, and the parts and materials furnished. 14. That labor charges will be billed by St. Paul at the wage it has established as adjusted, via collective bargaining with the various occupational groups who actually perform the 2 Packet Page Number 198 of 240 ~,-a~1 Agenda Item M13 Attachment 1 work. Such wage rates will also be adjusted to reflect the cost of fringe benefits paid by St. Paul to those occupational groups who actually perform the work. Further, the wage rates and/or fringe benefits will be adjusted if the occupational groups are working holidays, are on overtime status or have been subject to callback as the case maybe and as determined by the time when work is performed hereunder. The labor charges referenced shall commence at the time travel begins and terminate when travel ends for any task performed for Maplewood hereunder. St. Paul shall provide to Maplewood the most current billing rates for labor for each occupational group performing the work. St. Paul shall also provide to Maplewood the most current equipment billing rates. 15. That Maplewood shall be billed for parts and materials at St. Paul's actual cost plus a markup of twenty percent (20%) to cover the costs of restocking, handling and operating expenses. 16. That Maplewood will remit the sums payable to St. Paul within thirty (30) days after its receipt of same. 17. That all written notices and other communications required hereunder shall be sent to: FOR ST. PAUL: JOHN McNAMARA General Lead Electrician 899 N. Dale Street St. Paul, MN 55103 Phone: (651) 487-7209 FOR MAPLEWOOD: R. CHARLES AHL Director of Public Works/City Engineer 1902 County Road B East Maplewood, MN 55109 Phone: (651) 249-2402 18. This Agreement shall be effective for three years from the date of signature. It may be extended for additional terms of three years by mutual agreement of the parties. 19. Either St. Paul or Maplewood may terminate this agreement without cause upon sixty (60) days written notice from one to the other and any charges for Services rendered prior to the termination date shall survive until paid. 20. There shall be no assignment of this Agreement except upon the written consent of the nonassigning party, which consent shall not be unreasonably withheld. 3 Packet Page Number 199 of 240 ® `~ Agenda Item M13 Attachment 1 21. Except as provided in Paragraph 2, this Agreement maybe amended or any of its terms modified only by written amendment authorized and executed by St. Paul and Maplewood. 22. St. Paul and Maplewood shall each be responsible for their own acts and omissions and the results thereof to the extent authorized by law. St. Paul and Maplewood's liabilities are subject to statutory liability limitations. 23. St. Paul shall assist Maplewood with respect to any requests for documentation or reports or any other general assistance required pursuant to this Agreement. APPROVED AS TO FORM: Maplewood City Attorney Date APPROVED AS TO FORM: Director Date Department of Public Works By: ~-'C Director Date Office of Financial Services CITY OF APLEWOOD By: 4 ,~ d/ o - 0~ Date Packet Page Number 200 of 240 ~~ ~ Agenda Item M13 Attachment 1 ADDENDUM A LIGHTING MAINTENANCE AGREEMENT BETWEEN THE CITIES OF SAINT PAUL AND MAPLEWOOD The street lights included as a part of this Agreement are located within the Legacy Village development area along the following roadway segments: • Kennard Street between Beam Avenue and County Road D (19 street lights) • Legacy Parkway between Hazelwood Street and Southlawn Drive (17 street lights) • Hazelwood Street between Beam Avenue and County Road D (14 street lights) The street light locations are illustrated on attached Exhibit 1. Other infrastructure items maybe added in the future under Addendum A if desired by the City of Maplewood. 5 Packet Page Number 201 of 240 u~p x ~Z N a a .o ~~ ~~:~ 4 ~a W ~, ~ o [-~ ~ o ~ x 5~ I ~~,~ ~W ~ ~~ ~ '~ U~ ~~ H U y~ ~ a W .] d~~ s ~ - ~~ ~ - o ~ ~.~.~ ~ ~~ ends Item M 13 ~~ Attachment 1 ~' E ~ ~~~ W 1 1 ~~ p¢ Rk d ,p o bM Packet Pac~edNumber w LZ ~b - SOOZ 'f0 f P'181H%3 HNI1HOll-AOV`J3l\51191H%3~/.IANkd O~V~3l.\PO Mal ry to i0\:`J Agenda Item M 14 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 Packet Page Number 203 of 240 CITY OF MAPLEWOOD, MINNESOTA Agenda Item M14 Attachment 1 2009 BUDGET PROGRAM: TRANSIT OPERATIONS DEPARTMENT: PUBLIC WORKS 101-515 PROGRAM MISSION To provide safe, reliable and affordable public transportation for everyon e in Maplewood, North St. Paul and Oakdale. INPUTS 2006 2007 2008 2009 Actual Actual Budget Bud et Direct Expenditures Contractual Services $30,318 $31,366 $35,000 $33,920 Total $30,318 $31,366 $35,000 $33,920 Percent Change -5.4% 1.8% 11.6% -3.1 Staff Hours No. of Employees (FTE) 0 0 0 0 BUDGET COMMENTS This budget is for city payments to Northeast Suburban Transit which is financed by the Metropolitan Council, rider fares and payments from the cities of Oakdale, North St. Paul and Maplewood. 208 Packet Page Number 204 of 240 Agenda Item M14 CITY OF MAPLEWOOD Attachment 1 EXPENDITURES BY ACCOUNT 101 GENERAL FUND 515 TRANSIT OPERATIONS 2006 2007 2008 2009 2009 2009 EXPENDED EXPENDED ORIG BUDGT GUIDELINE DEPT REO BUDGET 4370 INSURANCE 147 147 0 0 0 150 4480 FEES FOR SERVICE 30,171 31,219 35,000 36,050 33,770 33,770 TOTAL CONTRACTUAL SERVICES 30,318 31,366 35,000 36,050 33,770 33,920 DEPT/DIV TOTALS 30,318 31,366 35,000 36,050 33,770 33,920 62 Packet Page Number 205 of 240 Agenda Item M14 Attachment 2 NEST Budget for CY 2009 07-12-08 Approved NEST Commission on August 5, 2008 Approved Metropolitan Commission Dial-A-Ride Program Expenses 1110 Management fees (8 hrs/wk) 1130 Marketing/promo 1140 Legal 1111 Auditing/acctng 1160 Office & Supplies 1190 Other direct admin 1100 Total Administrative 10,306 438 hrs @ 23.53/hr 500 100 1 hr @ $100/hr 800 8 hrs @ $100/hr 2,000 300 Conf, MPTA, miles 13,712 1310 Purchase of DAR services 1300 Total Operating charges 1420 Public Liability, non-vehicle 1421 Agency fee 1422 Total Insurance charge Total Operating Expenses Revenue 2001 Cash fares 2002 Tickets, tokens 2010 Total fare box revenue Funding 2104 Contributed local share 2104 Cash reserve local share 2105 Total state share (Met Council) Total funding Total revenues ~ funding 297,832 5,568 hrs @ $53.49 311,544 1,800 75 1,875 313,419 20,000 10,000 30,000 71,200 35,219 177,000 283,419 313,419 Packet Page Number 206 of 240 Agenda Item M14 Attachment 2 Dial-a-Ride (DR) calculations: $51.93/hr for service -per contract extension through 12-31-08 $2.00 fare -fare box revenue not consistent with ridership due to convenience cards, prepaid tickets, etc. 3.5 rides/hour: July ' 07 to date is 3.82 20,100 estimates rides, based on 3.6 r/h @ 5,568 Purchase of Service hours--- 1 hr off midday, 21.75 hrs/day based on 07-07, 256 days (21.75 x 256 = 5,568 hrs) Population breakdown (08-24-OS): Maplewood 35,600 pop No St. Paul 11,959 pop Oakdale 27,500 pop 47.42% of $69,125 = 15.93% of $69,125 = 36.65% of $69,125 = 2008 2009 $32,780 $33,763 11,011 11,342 25,334 26,095 $69,125 $71,200 Packet Page Number 207 of 240 Agenda #M-15 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Approval of Purchase of Replacement Handguns Date: April 21, 2009 Introduction City Council approval is being requested to expend funds to purchase 60 new Glock handguns. Back rq ound The Police Department currently issues officers either the Glock Model 22 or Model 23 handgun: The current supply of handguns has been completely reliable, and they have served the department well for over ten years. However, due to their age, the department's current handguns are in need of routine maintenance. Parts are expected to cost approximately $155 per handgun by the end of this year, for an approximate total of $9,300 to maintain the current supply of handguns. Streicher's has provided a price quote of $434 per gun for 60 new Glock handguns, with a trade-in allowance of $260 for each of our current handguns. With the trade-in allowance, the 60 new Glock handguns would have a total cost of $10,440, compared to the estimated cost of $9,300 to update our current supply of handguns. Streicher's has the exclusive contract for law enforcement handgun purchases in the State of Minnesota. They advise that the turnaround time for the new handguns would be approximately three months from the date of order. Budget Impact The new handguns would cost $10,440 if purchased from Streicher's, and it is anticipated that they will be purchased using funds obtained through the Justice Assistance Grant.. Recommendation It is recommended that City Council approval be given to expend funds to purchase 60 Glock handguns from Streicher's. Action Required Submit to the City Council for review and action. DJT:js Attachment Packet Page Number 208 of 240 ,. __ _. ~ www.PoliceHQ.com Streicher's -Minneapolis 10911 W Hwy 55 Sales Quote Number: Q247505 Minneapolis, MN 55441 Sales Quote Date: 03/31/09 Phone: 763-546-1155 Page: 1 Fax: 763-546-6776 Sell 171 To: MAPLEWOOD POLICE DEPT. Attn. Mike Shortreed 1830ECORD6 MAPLEWOOD, MN 55109 Phone: (651) 249-2600 Fax: (651) 249-2699 Ship To: MAPLEWOOD POLICE DEPT. Attn. Mike Shortreed 1830ECORD6 MAPLEWOOD, MN 55109 Ship Via Terms Net 15 Salesperson Pete Erickson Phone: 763-252-2533 E-mail: petee@PoliceHQ.com Item No. Description Unit Quantity Unit Price Total Price GL-22RT.TNS .40 PISTOL: G22 ROUGH TEXTURE, 4.5", EA 60 434.00 26,040.00 FS, WI3 15-RND MAGS USED-40AP.BL USED .40 PISTOL: BLUE FINISH EA -52 260.00 -13,520.00 GLOCK22 40 CAL. USED-40AP.BL USED .40 PISTOL: BLUE FINISH EA -8 260.00 -2,080.00 Glock 23 40 cal. Quoted prices do not include Sales Tax. All quoted prices are valid for 60 days from the date of the quote. Total: Packet Page Number 209 of 240 10,440.00 Agenda Item M 16 MEMORANDUM TO: City Manager FROM: Lorraine Fischer-Maplewood Planning Commission Chairperson SUBJECT: Approval of the Planning Commission 2008 Annual Report DATE: April 20, 2009 INTRODUCTION The city code requires that the planning commission prepare an annual report to the city council. Staff has attached the planning commission's 2008 Annual Report for the city council's review. BACKGROUND April 7, 2009: The planning commission moved to forward their annual report to the city council for review and approval. 2008 ACTIVITIES The commission considered the following requests as noted 2008 2007 2006 2005 2004 changes to the comprehensive plan 2 3 4 5 10 changes to the zoning map 0 2 4 4 7 preliminary plats 3 3 7 7 12 ordinance changes 3 3 3 0 1 conditional use permits and revisions 10 11 14 19 21 vacations 4 2 11 8 5 variances/code waivers 1 6 2 12 2 miscellaneous requests and presentations 29* 20 13 8 11 Total 52 50 58 63 69 *In 2008, the planning commission spent a considerable amoun t of time reviewing the various elements of the "2030 Comprehensive Plan Update." This Plan Update was scheduled nearly every meeting throughout 2008. This accounts for 19 of the 52 business items di scussed by the planning commission. Without those, the year-end total would be 33. Packet Page Number 210 of 240 Comprehensive Plan Changes PC Action Council Action Gethsemane Senior Housing Approved Approved (2410 Stillwater Road) This Plan change was from P, park, to R3H, high density residential. This change was to amend the city comprehensive land use plan maps for the 111-unit Gethsemane Senior Housing project because the site was developed as a neighborhood park. Richie Place Single Dwelling Subdivision Approved Tabled (LaBore Road, east of Arcade Street) This Plan change was from OS, open space, to R1, single dwelling residential, for a Little Canada subdivision, which had its southerly three lots located in Maplewood. CONDITIONAL USE PERMITS AND REVISIONS PC Action Council Action Hydrologic CUP Approved Approved (1261 Highway 36) This request was for outdoor storage for a tenant in the Metcalf Mayflower building on Highway 36. Xcel Energies CUP Approved Approved (1480 County Road D) This request was for the expansion of the substation complex by adding another electrical transformer. Carver Crossing PUD Denied Approved (Carver Avenue and Henry Lane) This request is for a planned unit development fora 165-unit housing development. Salvation Army CUP Approved Approved (2080 Woodlyn Avenue) This request was for a revision to the existing CUP to allow a building expansion. Gethsemane Senior Housing PUD Approved Approved (2410 Stillwater Road) This request was for a planned unit development fora 111-unit housing development. St. John's Hospital CUP Approved Approved (1575 Beam Avenue) This request was for a CUP revision to expand the hospital. Legacy Shops PUD Approved Approved (County Road D) This request was for a revision of the Legacy Village PUD to allow the retail building to be placed further from County Road D. Packet Page Number 211 of 240 T-Mobile Approved Approved (2220 Edgerton Street) This request was to approve a revision to the conditional use permit for a cell phone tower at Trinity Baptist Church. Menard's Approved Approved (2280 Maplewood Drive) This request was for a conditional use permit revision to allow Menard's to expand their facility by adding a warehouse building in their storage yard. Ken Berwald Garage Approved Approved (2080 Prosperity Road) This request was for a CUP to allow Ken Berwald to build a residential garage for a residence on property zoned light manufacturing. PRELIMINARY PLATS PC Action Council Action Heritage Square 5t" Addition Approved Approved (County Road D and Highway 61) This was the replat of Heritage Square 4th Addition to reconfigure the site to build another style of townhome. Gethsemane Senior Housing (2410 Stillwater Road) This was a subdivision to create the housing site, Approved Approved the church site and a future park. Richie Place Tie Vote-Motion Failed Tabled (LaBore Road, east of Arcade Street) This request was technically a lot split since there were only three lots proposed in Maplewood. Staff reviewed this proposal, however, in the same manner as we would a preliminary plat. VACATIONS PC Action Council Action St. John's Hospital Approved Approved (1575 Beam Avenue) Three utility easements were vacated as part of the proposed hospital expansion. Lisa and Todd Thomas Approved Approved (760 Sterling Street South) A utility easement vacation was needed because of a previously approved administrative lot division. Packet Page Number 212 of 240 Maplewood Toyota Approved Approved (2905 Maplewood Drive) Four utility easements were vacated because of Beam Avenue improvements and new easements were rededicated. VARIANCES /WAIVERS FROM CODE REQUIREMENT PC Action Council Action Gethsemane Senior Housing Approved Approved (2410 Stillwater Road) This senior housing development included a parking waiver to allow fewer spaces than the code required. CODE AMENDMENTS PC Action Council Action 1. Dynamic Display Signs Moratorium Approved Approved 2. Procedures, Hearings, Review Processes Approved Approved 3. Dynamic Display Sign Code Amendment Denied Approved PROJECT STATUS UPDATE The following 2008 development projects have not begun since city council review. Gethsemane Senior Housing The applicant is working on securing financing. Carver Crossing The developer is still planning to develop this project and has been meeting with city staff about progressing. St. John's Hospital expansion The property owner, HealthEast, has put this project on hold for now. Legacy Shops Retail Building The developer is working on securing lease commitments prior to starting construction. Richie Place The city council has tabled review of this subdivision proposal for additional information from staff. 4 Packet Page Number 213 of 240 2008 ATTENDANCE Name Lorraine Fischer Joseph Boeser Tushar Desai Robert Martin Gary Pearson Dale Trippler Jeremy Yarwood Harland Hess Joe Walton Appointed 1970 07-09-07 07-22-02 07-09-07 12-10-90 06-08-98 04-11-05 02-23-06 02-12-07 Terms Expire (12-31) 2009 2009 2009 2011 2011 2009 2011 2009 2009 Attendance-23 meetings 22 14 18 22 20 23 17 21 17 2009 ACTIVITIES The following are the possible activities of the planning commission for 2009: Work with the city staff on any city code changes that result from the 2008 Comprehensive Land Use Plan Update. 2. Have an annual tour of development and other sites of interest. 3. Have in-service training sessions or provide educational materials for the planning commission. This might include training or information to help prepare the commission for the update of the comprehensive plan or about redevelopment topics. Other training topics might include sessions about in-fill development, conditional use permits, wetlands (their classifications and buffer areas) the new city tree ordinance, sustainable/green development, septic systems and/or wells. A session with the city attorney reviewing planning and zoning basics (60-day rule, approval standards for CUPs and rezonings, etc.) also would be helpful. Request that city staff update the planning commission about possible upcoming training opportunities on a quarterly basis. 4. Review the PUD ordinance for possible changes. 5. Study the unit sizes and parking needs for senior housing and possibly propose code amendments or city policies for city council consideration. RECOMMENDATION Approval of the planning commission 2008 annual report. p:\planning commission pc\pcAnnual Reports\2008 ann report#3 5 Packet Page Number 214 of 240 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, APRIL 7, 2009 VII. UNFINISHED BUSINESS a. 2008 Annual Report Planner Tom Ekstrand gave an update on the revisions made to the 2008 annual report. Planner Ekstrand explained plans for a commission training session to be given by himself, environmental planner Shann Finwall and engineer Michael Thompson scheduled for April 21 to discuss staff's development process to bring a proposal from beginning to end. Commissioner Trippler mentioned the plan activity to review the PUD ordinance and said it would be a useful session. Staff agreed it would be a good subject for a commission training session. Commissioner Trippler moved to accept the planning commission's 2008 annual report, requesting that staff also review the 2009 activities section for possible training ideas that staff might deem beneficial to the commission. Commissioner Pearson seconded Ayes -all The motion passed. Packet Page Number 215 of 240 Agenda Item M 17 Agenda Report TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Doug Taubman, Parks Manager SUBJECT: Approval of Parks and Recreation Commission 2008 Annual Report DATE: April 17, 2009 INTRODUCTION Staff has attached the Parks and Recreation Commission's 2008 Annual Report for council approval. The annual report was prepared by the Parks and Recreation Commission and approved by the commission on April 15, 2009. BACKGROUND Each year, in compliance with city ordinance, the Parks and Recreation Annual Report is prepared by the Parks and Recreation Commission and submitted to the council. The annual report includes a summary of the year's accomplishments, areview of that year's goals, and the commission's goals for the upcoming year. RECOMMENDATION Staff recommends that council approve the attached Parks and Recreation Commission 2008 Annual Report. p/com_dvpt/doug/PRC 2008 Ann report cover memo Attachment: Parks and Recreation Commission's Annual Report Packet Page Number 216 of 240 April 15, 2009 Dear Mayor and Council Members, In compliance with Article II, Section 21.20 of the Maplewood city ordinance, the Maplewood Parks and Recreation Commission hereby submits its 2008 annual report and 2009 activity plan. We reviewed the accomplishments of the past year and discussed the various programs and activities we wish to pursue in the coming year. Our continuing goal is promoting city parks, open space, community center, quality inclusive recreational programming and maintaining a quality park system geared to the continually changing demographics of our community. The year of 2008 presented the Commission a number of opportunities. The biggest was rewriting the parks section of the proposed Comprehensive Plan. Several of the commissioners served on the Parks Trails and Open Space Task Force. Several regular Commission meetings were also needed to involve the whole Commission in the formation of the draft parks plan. This resulted in the Commission coming up with a final plan that will have a Trail System with almost as many miles as we have in streets. The plan also includes a section addressing no net loss of Neighborhood Preserves and addressed the parks need issues in the area of Maplewood south of Carver. The final plan may not be what each local area of Maplewood might want. The plan, approved by the Commission, is balanced to address neighborhood needs while balancing the needs of the entire City. During the past year we were grateful to the City Council for the joint meeting we had in August to address several issues. We found it very informative. A complete summary of our 2008 goals and accomplishments are attached to this report. 2009 goals include several items from 2008 that we will continue to pursue along with several new goals. The entire goal list is attached to this letter. We appreciate that a Parks Manager position was established for this year. We realize that the Maplewood Parks system and programs will be seeing the loss of two key personnel at the end of the year. Pauline Staples and Doug Taubman, both who have many years of experience and expertise that has well served the City well, especially over the past several years. We are concerned about the loss of this experience and how it may impact the system in the future. The Parks and Recreation Commission would be happy to meet with the City Council to address any park issues. Respectfully submitted, Peter M. Fischer, Chairperson Bruce Roman, Vice Chair Craig Brannon, Commissioner Donald Christianson, Commissioner Daniel Mass, Commissioner Mary Mackey, Commissioner Carolyn Peterson, Commissioner Kim Schmidt, Commissioner Therese Sonnek, Commissioner Packet Page Number 217 of 240 Parks and Recreation in Maplewood is a large area covering trails, active parks, passive parks, open spaces, indoor parks (community centers) and greenways. In addition it covers recreational programming that range from active athletics to drama on stage to neighborhood events that help tie our city together. The Maplewood Parks and Recreation Commission provides advise and recommendations in all of these areas plus we are charged with the following duties: Formulate polices for approval by the city council. Advise the council and manager as to the minimum qualifications for the position of director of parks and recreation. Aid in coordinating the park and recreation services with the programs of other governmental agencies and organizations. Interpret the polices and functions of the park and recreation department to the public. Make periodic inventories of recreation and park services that exist or may be needed and interpret the needs of the public to the city council and the director of parks. Recommend for adoption standards on land acquisition, facility development, program and financial support. The Following served on the Parks Commission in 2008 Peter M. Fischer, Chairperson Bruce Roman, Vice Chair Donald Christianson, Commissioner Julie Binko, Commissioner Craig Brannon, Commissioner Kim Schmidt, Commissioner Carolyn Peterson, Commissioner Therese Sonnek, Commissioner Gaoly Yang, Commissioner Park and Recreation 2008 Goals 1. Finish reviewing and updating the parks comprehensive plan with development of a park plan for the area south of Carver. Item accomplished, the section has been submitted as part of the final report going to the City Council. 2. Provide recommendations on development of park assets in the Gladstone redevelopment area. This goal remains on hold until redevelopment starts in the Gladstone area. And will carry over to 2009. 3. Start the park planning process for Lions Park. This Goal has been accomplished. Lions Park will still be a future goal 2009 as the redevelopment planning is finished and progresses toward reconstruction. 4. Provide input and feedback on programming, marketing, etc. for the community center. During the past year this was something that was more of staff telling us about upcoming events. 5. Recommend minimum requirements for a new parks director. The Parks Director Position was not reestablished this past year. The City did establish a "Parks Manager" position at year end. 6. Develop new parks programs to bring diverse communities together and to continue to provide opportunities for our parks and recreations system to be the fabric that brings our geographically challenged community together. There was not enough time this past year for this issue. As a step to working in a broader basis a goal for 2009 will be to work with other groups and commission to address the needs of the community. 7. Advise on capital improvement projects at Joy Park and for the Beaver Creek Trial corridor. Time was spent addressing Joy Park and the renovation project is underway. The Beaver Creek Trail project did not involve much Commission time. 8. Continue ongoing education of commissioners on parks issues. This was an ongoing process and will remain an ongoing process as new Commissioners join and new issues in Parks surface. Packet Page Number 218 of 240 9. Remain committed to having the City provide 24 hour removal of graffiti in parks. This is a goal that the City has continued to be committed to. 10. Work to develop a no net loss of park land policy for the city. Incorporated into the new Parks Comprehensive Plan is a policy that addresses Open Space as no net loss. Park land was not specifically addressed. It was felt that the current comprehensive plan provides the needed protection to parks. Any change in park land use would require a 4 / 5ths vote by the City Council, to change the Comprehensive Plan, to allow other use besides the designated park use. The real issue is the ability of the City to invest and reinvest in it's Parks System. The only time that park land was let go by the City, for development, involved a site that had no investment by the City and with tight resources no foreseeable investment to address the run down site. The site was so poor, in an area with other park resources, only one person in the entire neighborhood objected to the site being developed into homes. Several additional items were added during 2008. Completing the Lakes Links trail project in North Maplewood. The Commission started looking at the two gaps in the trail. One from McKnight to Bellaire and the other was around Maplewood Mall. The Commission started the review process in 2008 and should finish it's work in 2009. The proposed development of Gethsemane Park came forward and consumed time as the Commission decided if the park should be purchased or allowed to be developed. The final purchase of part of the site for a City Park is awaiting for the final details to be worked out before the parks Commission gives it's final recommendation to the Council. Started addressing the tot lot park in Legacy Village. Started a Task Force to exam and address the needs of a possible Dog Park in North Maplewood. Park and Recreation Commission Goals for 2009 1. Provide recommendations on development of park assets in the Gladstone redevelopment area. 2. Continue the park redevelopment process at Lions Park 3. To review the relationship and involvement between the Parks Commission and the Maplewood Community Center. 4.To work with other groups and commission on the Sustainable Maplewood report. 5. To finalize routes on the two last segments of the Lakes Links Trail. 6. Continue the park planning and naming process for the tot lot park in Legacy Village. 7. Continue work on the need for a dog park in Maplewood. 8. Finalize the recommendation on the purchase of land for a Gethsemane Park and pass it forward to the City Council. 9. Involvement with the development of community gardens. 10. Review long term park funding for redevelopment and restoration of Parks, Trails and Open Spaces. 11. Receive more feedback from staff and other partner groups (Open Space Task Force, Friends of Maplewood Nature, MAA, etc.) 12. Review of Greenways for possible opportunities for parks and opens spaces, i.e. Fish Creek, Beaver lake, etc. Packet Page Number 219 of 240 Agenda Item M 18 MEMORANDUM TO: James Antonen, City Manager FROM: David Fisher, Building Official and Shann Finwall, AICP, Environmental Planner SUBJECT: Approval of the Historical Preservation Commission 2008 Annual Report DATE: April 17, 2009 for the April 27, 2009 City Council Meeting INTRODUCTION On May 13, 1996, the City Council adopted the Maplewood Historical Advisory Commission, which had a sunset provision in 2002. The advisory commission was appointed mainly to assist in the establishment of a nonprofit Maplewood Area Historical Society. On December 22, 2003, the City Council adopted the Maplewood Historical Preservation Commission (HPC) ordinance. The purpose of the commission is to engage in a comprehensive program of historic preservation and to promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of the community. Most of Maplewood's commission ordinances require the submittal of an annual report to the City Council. The annual report outlines the actions and activities taken by the commission during the preceding year, recommendations needed to existing ordinances or policies based on past reviews, and goals envisioned for the upcoming year. These reports are reviewed and approved by the City Council. The HPC ordinance does not have an annual reporting requirement. However, the HPC Commission would like to begin submitting annual reports in order to update the City Council on accomplishments achieved by the commission and obtain feedback and approval on proposed goals. On April 16, 2009, the HPC Commission recommended the following content for their first annual report to the city council. HISTORICAL PRESERVATION COMMISSION 2008 ANNUAL REPORT Preface The HPC preserves and promotes the city's historic resources through the dissemination of knowledge about the areas history. Members The HPC consists of seven members appointed by the city council. Membership terms are for three years, with extensions for additional terms approved by the city council. The current membership is as follows: Packet Page Number 220 of 240 Commissioner Robert Creager Lucille Aurelius Richard Currie Ron Cockriel AI Galbraith Peter Boulay Caleb Anderson 7-26-04 12-31- 11 7-26-04 12-31- 11 7-26-04 12-31- 11 8-28-06 12-31- 10 8-28-06 12-31- 10 10-9-06 12-31- 10 2-25-08 12-31- 10 On February 19, 2009, the city council re-appointed six commissioners to the HPC. Commissioners Creager, Aurelius, Currie, Cockriel, Galbraith, and Boulay were re-appointed to two and three year terms according to seniority to ensure staggering of term expiration dates. Meetings The HPC's regularly scheduled meetings are the third Thursday of every month at 7:00 p.m. In 2008, the HPC held ten meetings. Reviews and Accomplishments 1. Time Capsule. 2. Researched and considered Certified Local Government Status requirements. 3. Reviewed development proposals for historical preservation issues. Outside Activities Several HPC members are also members of the Maplewood Area Historical Society. These HPC members worked collaboratively on several society events such as: ^ Spring Tea -Bruentrup Heritage Farm ^ Ice Cream Social -Bruentrup Heritage Farm ^ Ramsey County Fair ^ Johnny Apple Seed Days -Bruentrup Heritage Farm ^ Halloween Hoe Down -Maplewood Community Center ^ Barn Dance -Bruentrup Heritage Farm Goals During the HPC's January 29, 2009, goal setting meeting, the commission came up with six goals they would like to focus on in 2009 and prioritized them as follows: Take all necessary measures to obtain Certified Local Government (CLG) status: a. Complete a historical site survey. b. Amend the HPC ordinance - to ensure HPC has oversight of historical sites and that there is a public process in place when dealing with these sites. c. Apply to the State Historical Society for CLG status. Membership Began Term Expires Packet Page Number 221 of 240 2. Promote education of history through events, time capsule, etc. 3. Repair of Gladstone informational kiosk. 4. Identify and recognize historic families. 5. Identify and recognize the history of geographic features such as lakes, etc. 6. Implement a Heritage Award -create criteria for awarding people or places for their work in the field of history or for their historic character. 2007 Maplewood 50th Anniversary The HPC assisted in organizing and/or attended all Maplewood 50th Anniversary events. The following events were held in 2007: ^ Shiverfest Event -Hazelwood Park ^ Anniversary Party -Maplewood Community Center ^ Arbor Day and Environmental Day -Maplewood Nature Center ^ Taste of Maplewood -Maplewood Community Center ^ Pedal in the Parks Bike Tour of Maplewood ^ Spring Tea -Bruentrup Farm ^ Self Guided Tours of Maplewood Historical Sites ^ Ice Cream Social -Bruentrup Farm ^ Maplewood City Hall Campus Day Tree Planting ^ Fourth of July Celebration -Hazelwood Park ^ Ramsey County Fair ^ National Night Out ^ Johnny Apple Seed Day -Bruentrup Farm ^ Back to the 50's Car Show and Parking Lot Dance -Maplewood Community Center ^ Maplewood Cemetery Tour ^ Preservation Tour of the Bruentrup Heritage Farm ^ Fall Booya -Bruentrup Heritage Farm ^ Halloween Hoe Down -Maplewood Community Center ^ Dinner and Dance -Maplewood Community Center ^ Christmas Open House -Bruentrup Heritage Farm ^ Mayor's Dinner -Maplewood Community Center Conclusion The Maplewood Historical Preservation Commission is committed to promoting the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this area. RECOMMENDATION Approve the 2008 Historical Preservation Commission annual report. S: Council-Commissions-Boards Historical Commission Annual Report 2009 Packet Page Number 222 of 240 Agenda Item M 19 MEMORANDUM TO: James Antonen, City Manager FROM: David Fisher, Building Official SUBJECT: Council Consider Adoption of Proclamation for Building Safety Week 2009 DATE: April 15, 2009 INTRODUCTION Building Safety Week will be celebrated across the nation and around the world during the week of May 3 - 9, 2009. Building Safety Week raises public awareness of building safety by promoting the use, enforcement and understanding of building safety and fire prevention codes. The purpose of these codes is to help protect lives and property. "Building Safety: Where You Live, Work and Play" is the theme of Building Safety Week 2009. Inspectors, plan reviewers and other code enforcement officials in the city work to ensure the structures you and your families live, work and play in are safe. The Maplewood inspection staff are active members of the International Code Council, an association that develops building safety and fire prevention codes that are used in more than 15,000 jurisdictions across the nation. Building Safety Week, first observed in 1980, is sponsored by the International Code Council Foundation, an organization dedicated to changing the devastating effects of natural disasters and other building tragedies at home and around the world. Our department is using Building Safety Week to educate the community. It is an opportunity to increase public awareness of the role building safety and fire prevention officials, local and state building departments and federal agencies play to protect lives and property. They are the "silent defenders" who are seldom seen but work daily to ensure safety in the built environment. RECOMMENDATION The City of Maplewood should demonstrate our commitment to building safety and fire prevention in our community by adopting the attached official proclamation designating May 3-9, 2009, as Building Safety Week 2009. Attachment: Building Safety Week 3-9 Proclamation P: DAVEprocla mation2009 Packet Page Number 223 of 240 PROCLAMATION BUILDING SAFETY WEEK 2009 MAY 3-9 Whereas, through our State's continuing efforts to address the critical issues of safety, energy efficiency and sustainability in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound, and; Whereas, our confidence is achieved through the devotion of vigilant guardians -building safety and fire prevention officials, architects, engineers, builders, laborers, and others in the construction industry - who work year-round to ensure the safe construction of buildings and; Whereas, these guardians -dedicated members of the International Code Council -develop and implement the highest-quality codes to protect Americans in the buildings where we live, learn, work and play, and; Whereas, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern, building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildfires and earthquakes; and; Whereas, Building Safety Week is sponsored by the International Code Council and International Code Council Foundation, to remind the public about the critical role of our communities' largely unknown guardians of public safety -our local code officials -who assure us of safe, efficient and livable buildings, and; Whereas, "Building Safety: Where You Live, Work and Play," the theme for Building Safety Week 2009, encourages all Americans to raise awareness of the importance of building safety; green and sustainable buildings; pool, spa and hot tub safety; and new technologies in the construction industry. Building Safety Week 2009 encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies. Whereas, each year, in observance of Building Safety Week, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the services provided to all of us by local and state building departments and federal agencies in protecting lives and property. Now, therefore, it is hereby proclaimed that May 3 through May 9, 2009, is Building Safety Week in the City of Maplewood. Accordingly, our citizens are encouraged to join their community in participating in Building Safety Week activities and assisting efforts to improve building safety. Adopted this 28th Day of April 2009 Diana Longrie, Mayor Karen Guilfoile, City Clerk Packet Page Number 224 of 240 Agenda Item M20 Agenda Report TO: James Antonen, City Manager FROM: Doug Taubman, Parks Manager SUBJECT: Council Consider Adoption of Prosperity Avenue No Parking Sign Resolution DATE: April 14, 2009 INTRODUCTION The City Council shall consider approval of parking restrictions on the west side of Prosperity Avenue from Frost Avenue to the north entrance of the Wakefield Park parking lot. These restrictions are necessary to protect the property of the residents on the east side of Prosperity Avenue. Private lawns have been damaged by vehicles making u-turns on Prosperity Avenue. Staff has responded to complaints regarding the damage to these lawns. BACKGROUND The softball field located in the northeast corner of Wakefield Park is used five to six evenings per week from late April through September for adult softball league games. These games are administered by the Maplewood Recreation Division's Adult Softball Program. Staff has worked to resolve this issue the past two softball seasons by contacting the teams and players and asking them to respect our neighbors. Staff has also spoken to Public Safety and Public Works about the installation of the no parking signs and both are supportive. RECOMMENDATION It is recommended that the council approve the attached resolution adopting No Parking restrictions on the west side of Prosperity Avenue from Frost Avenue to the north entrance of the Wakefield Park parking lot. There is sufficient off-street and on-street parking available. p/com_dvpt/doug/agenda report prosperity no parking Attachments 1. Resolution approving No Parking Restrictions on Prosperity Avenue 2. Vicinity map identifying no parking area. Packet Page Number 225 of 240 Attachment 1 RESOLUTION PROSPERITY AVENUE - NO PARKING WHEREAS, the Parks and Recreation Division schedules adult softball league games at Wakefield Park, and WHEREAS, private lawns have been damaged by softball players making u-turns, and WHEREAS, alternative parking lots and spaces are available to players. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on the west side of Prosperity Avenue from Frost Avenue to the north entrance of the Wakefield Park parking lot. Adopted this day of 2009 Mayor City Clerk Packet Page Number 226 of 240 Attachment 2 ~1~~AVE J HARRIS AVE. Q `~'~~ ROSEWOOD , ~nhood ~~ ROSEWOOD rrk R~ L~ AV. ~ AVE. S n P C ~j ~i~ ~,P ~vE. ~ ~~i ~i ~~I~ ~~i '~ ~ i -~ NO PARKING AREA - ~ I ~ n ~ ~ I' ~'~~I ~l~ AVE. ~' V E. v w~ II ~ ~''~~ISU!,',MM~R~ ~ ~ o'~1 J' ~~~ ~i ~ Wakefield', ~', i , . = m ~ Park ~,'I ~ ~~, I~ J / ~~ J /~ ~~ C, ~'i ~I z I'~ ~ D ~ ~~ ,~ , G Wakefield '.'. I'll ~ Q m ~' ~O~ Lake ail ~'~,~ ~ ° E. ~~r < ~ I ~ ' z Q ~ ,1; ~ ~/ ~ I~ ~' 1 " = 500' VICINITY MAP FROST AVE & PROSPERITY AVE 0 227 of 240 Agenda Item M21 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community and Parks Development Director SUBJ: Consider Approval to Extend Lease Agreement with Gethsemane Church through April of 2010 DATE: April 14, 2009 INTRODUCTION At the July 14, 2008 City Council meeting, council authorized the execution of a lease agreement with Gethsemane Church for use of a 10 acre parcel south of the church for park purposes. At the council meeting on January 12, 2009, council authorized an extension to the lease agreement with Gethsemane Church from January 1, 2009 to April 30, 2009. Attached is a copy of the previously signed lease agreement and the staff agenda report dated December 31, 2008 for the January 12, 2009 council meeting for your review. Staff is requesting to extend the lease agreement again with Gethsemane Church for a period of one year from May 1, 2009 through April 30, 2010. BACKGROUND Gethsemane Church is requesting a lease payment of $2,200 a month for this one year lease agreement extension which would represent a total of $26,400 for the period beginning May 1, 2009 to April 30, 2010. Staff is again requesting that the monies ($26,400) allocated towards payment of this lease extension agreement would be credited back to the City as an offset against the purchase price of the proposed park. If an agreement between the two parties is not reached regarding the purchase of the proposed park land, this offset provision would be nullified. The City continues to work with Gethsemane Church on the proposed purchase of the park land and improvements to the site including the proposed Gethsemane Senior Housing Development. The existing market conditions have been very challenging for this proposed development and staff will continue to provide updates to council as the information becomes available. As previously discussed with council, staff will be bringing the details of the proposed park purchase package to the Park Commission for a recommendation prior to council consideration. RECOMMENDATION Staff recommends the City Council approve the lease extension agreement with Gethsemane Church in the amount of $2,200 a month for the period from May 1, 2009 through April 30, 2010 with the following provision; "The $2,200 per month lease payment ($26,400 total) will be credited back to the City as an offset against the purchase price of the proposed park land". The $8,800 the city has previously paid to Gethsemane Church, per signed agreement, will also be credited back towards the purchase price. Attachments: 1. Executed Copy of Gethsemane Church Lease Agreement 2. December 31, 2008 agenda report for the January 12, 2009 council meeting 3. Addendum #2 to the Gethsemane Church Lease Agreement Packet Page Number 228 of 240 Attachment 1 AMENDED AND RESTATED LEASE THIS AMENDED AND RESTATED LEASE (the "Lease"), dated as of the l sl day of April, 2008, is between Gethsemane Lutheran Church, a Minnesota non-profit corporation ("Landlord"), and The City of Maplewood, a Minnesota municipal corporation ("Tenant"). Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord,. that certain real estate located in the City of Maplewood, Ramsey County, Minnesota, described as follows: Tract B, Registered Land Survey No. 582, excepting any portion of the northerly part thereof on which the Gethsemane Church and School parking lot is situated, the use of which parking lot by Tenant is pursuant only to the license therefor provided in Section 10 below (the "Premises"). This Lease is subject to the following provisions and terms: 1. Term of Lease. This Lease shall start on April 1, 2008 and continue to December 31, 2008. Landlord and Tenant shall each have the right to terminate this Lease upon not less than thirty (30) days' prior written notice to the other party, which notice shall designate the termination date of the Lease; provided, this Lease shall automatically terminate upon the closing of a sale or other transfer of all or any portion of the Premises by Landlord, notwithstanding the foregoing to the contrary; provided, further, that in the event the Premises are damaged or destroyed to an extent that renders them unusable for the uses described in Subsection 6(a) below, then Tenant may terminate immediately by written notice to Landlord without the aforesaid 30- day requirement or, at Tenant's discretion, continue under the Lease without being liable for payment of rent until such time as the Premises are usable for their intended purposes. In the event that said termination date occurs on a date other than the last day of a calendar month, the rent payable by Tenant for such month shall be prorated to said termination date. Parties may mutually agree to extend lease beyond December 31, 2008 for two additional six month periods provided both parties agree to the extension. 2. Rent. Tenant shall pay rent to Landlord a lump sum of $2,500 for the lease period that runs from April 1, 2008 thru December 31, 2008. 3. Maintenance of Premises. Tenant shall maintain the Premises (including regular mowing of the grounds and maintenance and repair of the playing fields and equipment) in a clean, litter-free and safe condition, in good repair and in compliance with all applicable laws, codes and regulations. Tenant shall deliver the Premises, including all equipment and fixtures currently located thereon, to Landlord at the end of the Lease term in substantially the same condition as the Premises are in at the start of the Lease, reasonable wear and tear excepted. 4. Payment of Utilities and Snow Removal. Tenant shall pay the cost of all utilities (including, by way of example and not of limitation, electricity and trash removal) during this Lease and the Tenant also agrees to keep, at Tenant's sole expense, the parking lot at the south U:\gbidne\SrHousing\20080812Maplewood_lease.doc Packet Page Number 229 of 240 end of the Premises and any sidewalks on the Premises in a safe, clean condition and free of ice and snow accumulations. 5. Payment of Real Estate Taxes. The parties acknowledge that the Premises are currently exempt from the levy and payment of real estate taxes and assessments. If the property is sold and as a result the Premises cease to be so exempt, all real estate taxes and assessments levied thereafter will be the responsibility of the owner of the Premises. 6. Use of Premises. (a) Tenant shall use the Premises only for the operation of a public park and athletic fields consistent with the current scope of such use by Tenant. Subject to subsection (b) below, Tenant shall keep the Premises open for such permitted uses at all times consistent with current hours therefor. (b) Notwithstanding any provision or construction of this Lease to the contrary, Landlord reserves the right to use the Premises for Gethsemane faith community and school-sponsored activities including, by way of example and not of limitation, recess and gym classes during the school day and after school. Tenant will be responsible to coordinate the scheduling of Landlord's uses with other use of the Premises under this Lease. 7. Assignment and Subletting. Tenant shall not assign, sublet or otherwise transfer its interest in this Lease (including the parking lot license contemplated in Section 10 below) or in the Premises. 8. Landlord's Right of Inspection. Landlord and its agents shall have access to the Premises at all times. 9. Alterations and Additions. Tenant shall not make improvements, alterations or additions to any part of the Premises without obtaining Landlord's prior written consent, which may be granted or withheld in Landlord's sole discretion. 10. Parking Lot License. Landlord grants to Tenant anon-exclusive license to use a portion of the Gethsemane parking lot situated on or adjacent to the north part of the Premises for public parking for users of the park and recreational facilities located on the Premises and only during normal park hours, subject to the terms of this Section 10. This license shall automatically terminate upon termination of this Lease and may also be terminated by Landlord upon written notice to Tenant in the case that parking pursuant to this license materially interferes with use of the lot by Gethsemane Lutheran Church or its members. Parking by Tenant and the public pursuant to this license shall be subject to such rules and regulations as Landlord may from time to time establish. Tenant shall, at its cost, arrange for its police department to police the lot to ensure Landlord's rules are not violated and that no inappropriate use is being made of the lot by the public. The provisions of Section 11(d) of this Lease shall apply to use of the parking lot by Tenant and the general public. U:\gbidne\SrHousing\20080812Maplewood_lease.doc 2 Packet Page Number 230 of 240 r ,. 11. Insurance and Indemnity. (a) Tenant shall, at its sole cost and expense, maintain in effect at all times during the term a "Commercial General Liability Insurance" policy, on an "occurrence" rather than on a "claims made" basis, with a total combined policy limit of at least $5,000,000.00, which policy shall include, but not be limited to, coverages for bodily injury, property damage, personal injury and contractual liability (applying to this Lease), which liability insurance coverage may be subject to a "deductible" not to exceed $1,000.00 per occurrence. Such policy shall name Landlord as an additional insured thereunder. The liability insurance shall be primary with respect to Landlord and its agents and not participating with any other available insurance. (b) Tenant shall, at its sole cost and expense, maintain in effect at all times during the term of this Lease insurance covering all improvements and equipment on the Premises against loss by hazards covered by the so-called "all-risk" form of policy, in an amount equal to the actual replacement cost thereof and naming Landlord as loss payee. To the extent any damage occurs to said equipment or other improvements during the term, Tenant shall repair the damage and any proceeds of said insurance received by Landlord shall be applied toward reimbursement of Tenant's costs of said repair. Landlord shall not be responsible for any repairs in case the Premises or the equipment or improvements thereon are damaged or destroyed. (c) Tenant shall deliver to Landlord at the- commencement of this Lease, and at such other times as Landlord may request, a certificate evidencing such policies. (d) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liability, damage, claims, whether for property damage, personal injuries or death or otherwise, costs and expenses (including reasonable attorneys' fees) brought against or incurred by Landlord in connection with entry onto or use of the Premises or the Gethsemane parking lot by Tenant or the public or resulting from any breach of this Lease by Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord's agents. Tenant's obligations under this Subsection 11(d) shall survive the termination of this Lease. 12. Subordination. Tenant agrees that this Lease is and shall be subordinate to mortgages which may be placed upon the Premises from time to time by Landlord. 13. Attorneys' Fees and Costs. In the event any dispute between Landlord and Tenant arising out of this Lease results in litigation, the prevailing party shall be reimbursed for all reasonable costs incurred in connection with such litigation including, without limitation, reasonable attorneys' fees. 14. Miscellaneous. The parties hereto agree that the following provisions are part of this Lease: (a) In the event Tenant breaches or defaults in the performance of its obligations, Landlord may, in addition to other remedies available at law or in equity, U:\gbidne\SrHousing\20080812Maplewood_lease.doc 3 Packet Page Number 231 of 240 terminate this Lease by written notice to Tenant and thereafter seek damages arising from Tenant's default or breach. (b) Failure on the part of either party to exercise its right hereunder as to any instances of breach or default by another party shall not be considered as a waiver of its right to exercise said rights as to any subsequent breach or default. (c) Tenant has occupied the Premises before the date of this Lease and knows the condition of the Premises. Landlord does not warrant the condition of the Premises in any respect. Tenant accepts the Premises in its AS-IS condition. (d) This Amended and Restated Lease amends, restates and replaces in its entirety that certain Lease previously made by Landlord and Tenant concerning the Premises, also dated as of April 1, 2008. 15. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church Mr. Douglas A. Angerer Congregation President 2410 Stillwater Road Maplewood, MN. 55119 U:\gbidne\SrHousing\20080812Maplewood_lease.doc 4 Packet Page Number 232 of 240 [Signature page follows.] U:\gbidne\SrHous ing\20080812Maplewood_lease. doc Packet Page Number 233 of 240 IN WITNESS WHEREOF, Landlord and Tenant have signed this Amended and Restated Lease as of the date first above written. GETHSEMANE LUTHERAN CHURCH By: - ~ ,.~ Congre tional Presiden ~ /~~~3-QOC~ THE CITY OF MAP E ' OOD B : .~ ~~ Y Diana Longrie, M , r City of Maplewood 1830 East County Road B Maplewood, MN 55119 And Bye-=''~ \~ Chuck Ahl, Acting City Manager, City of Maplewood 1830 East County Road B MaI And By: City 1830 East County Road B Maple(w~ood, MN 5119 gy; Karen Guilfoile, ' y Clerk City of Maplewood 1830 East County Road B Maplewood, MN 55119 U:\gbidne\SrHousing\20080812Maplewood_lease.doc 6 Packet Page Number 234 of 240 ADDENDUM: GETHSEMANE CHURCH LEASE AGREEMENT EXTENSION BEGINNING JANUARY 1, 2009 AND ENDING ON APRIL 30, 2009 The provisions within the existing executed lease agreement, authorized by City Council at the July 14, 2008 City Council, will be in force with the following two exceptions: Item 1. Term of Lease. The Lease shall start on January 1, 2009 and continue to April 30, 2009. Item 2 Rent. Tenant shall pay rent to Landlord in the amount of $2,200 a month for the lease period that runs from January 1, 2009 thru Apri130, 2009. In addition, the $2,200 per month lease payment shall be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement is not reached between the two parties regarding the purchase of the park land, this offset provision would be nullified. 15. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church Mr. Douglas A. Angerer Congregation President 2410 Stillwater Road Maplewood, MN 55119 Packet Page Number 235 of 240 IN WITNESS WHEREOF, Landlord and Tenant have signed this Addendum to the Lease Agreement between Gethsemane Church and the City of Maplewood. GETHSEMANE LUTHERAN CHURCH By: Congre tional President THE CITY OF MAPL~V OOD By: Diana Longue, M or City of Maplewood 1830 County Road B East Maplewood, MN 55109 And By. Chuck Ahl, Acting City Manager, City of Maplewood 1830 County Road B East Maplewood, MN 55109 And By' Ian a rud, City A torney, Cit ap ood 1830 County Road B East Maplewood, MN 55109 By: ~~~ Karen Guilfoile, City ~I rk City of Maplewood 1830 County Road B East Maplewood, MN 55109 Packet Page Number 236 of 240 Attachment 2 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: DuWayne Konewko, Community and Parks Development Director SUBJ: Consider Approval to Extend Lease Agreement with Gethsemane Church thru April of 2009 DATE: December 31, 2008 INTRODUCTION At the July 14, 2008 City Council meeting, council authorized the execution of a lease agreement with Gethsemane Church for use of a 10 acre parcel south of the church for park purposes. Staff is requesting to extend the lease agreement with Gethsemane Church from January 1, 2009 to April 30, 2009. Attached is a copy of the previously signed lease agreement for your review. BACKGROUND The terms of the lease agreement with Gethsemane Church were from April 1, 2008 thru December 31, 2008. As the tenant, the City paid Gethsemane Church $2,500 for this lease period. A provision in this lease agreement allows for an extension for two six month periods provided both parties mutually agree to extend the lease. Gethsemane Church is requesting a lease payment of $2,200 a month for this four month lease agreement extension which would represent a total of $8,800 for the period beginning January 1, 2009 to April 30, 2009. In response to this request, staff proposed that the monies ($8,800) allocated towards this lease extension agreement, provided council approval is received, would be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement between the two parties is not reached regarding the purchase of the proposed park land, this offset provision would be nullified. The City continues to work with Gethsemane Church on the proposed purchase of the park land and improvements to the site. Going forward, staff will be bringing the details of this proposed purchase package to the Park Commission in March and City Council in April for consideration. RECOMMENDATION Staff recommends the City Council approve the lease extension agreement with Gethsemane Church in the amount of $2,200 a month for the period from January 1, 2009 thru April 30, 2009 with the following provision; "The $2,200 per month lease payment ($8,800 total) will be credited back to the City as an offset against the purchase price of the proposed park land". Attachments: 1. Executed Copy of Gethsemane Church Lease Agreement 2. Addendum to Gethsemane Church Lease Agreement Packet Page Number 237 of 240 Attachment 3 ADDENDUM #2: GETHSEMANE CHURCH LEASE AGREEMENT EXTENSION BEGINNING MAY 1, 2009 AND ENDING ON APRIL 30, 2010 The provisions within the existing executed lease agreement, authorized by City Council at the April 27, 2009 City Council, will be in force with the following two exceptions Item 1. Term of Lease. The Lease shall start on May 1, 2009 and continue to April 30, 2010. Item 2. Rent. Tenant shall pay rent to Landlord in the amount of $2,200 a month for the lease period that runs from May 1, 2009 through April 30, 2010. In addition, the $2,200 per month lease payment shall be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement is not reached between the two parties regarding the purchase of the park land, this offset provision would be nullified. 15. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church Mr. Douglas A. Angerer Congregation President 2410 Stillwater Road Maplewood, MN 55119 Packet Page Number 238 of 240 IN WITNESS WHEREOF, Landlord and Tenant have signed this Addendum to the Lease Agreement between Gethsemane Church and the City of Maplewood. By: GETHSEMANE LUTHERAN CHURCH Congregational President THE CITY OF MAPLEWOOD By: Diana Longrie, Mayor City of Maplewood 1830 County Road B East Maplewood, MN 55109 And By: James W. Antonen, City Manager, City of Maplewood 1830 County Road B East Maplewood, MN 55109 And Alan Kantrud, City Attorney, City of Maplewood 1830 County Road B East Maplewood, MN 55109 By: By: Karen Guilfoile, City Clerk City of Maplewood 1830 County Road B East Maplewood, MN 55109 Packet Page Number 239 of 240 Item M22 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 the Rules 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 A. Re_gular MEETINGS 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 bylaw 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. On Tuesday, May 26th the Community Design Review Board is scheduled to meet in council chambers at 6:00 p.m. Wednesday 27th and Thursday 28th no meetings are scheduled in the chambers. Consideration Staff is requesting that a date be set for the 2nd meeting of May. Packet Page Number 240 of 240