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HomeMy WebLinkAbout2010 04-12 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,April 12, 2010 City Hall, Council Chambers Meeting No. 08-10 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. Before addressing the council, sign in with the City Clerk. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OF AGENDA E.APPROVAL OFMINUTES 1.Approval of March 22, 2010, City Council Workshop Minutes 2.Approval of March 22, 2010, City Council Meeting Minutes 3.Approval of April 5, 2010, City Council Workshop Minutes F.APPOINTMENTS AND PRESENTATIONS CONSENT AGENDA – G.Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon asa separate item. 1.Approval Of Claims 2.Approval of Temporary Gambling Permit for Church of the Presentation of the Blessed Virgin Mary and Request to Waive Fees for Carnival/Miscellaneous Permit 3.Approval of Ramsey County Fair Temporary Gambling Permit and Fee Waiver Request 4.Request Approval to Accept Donations to Landfall Cops ‘N Kids Fishing Clinic 5.Approve Resolution Accepting a Donation of Medical Equipment to the Fire Department 6.Approval of Eureka Recycling 2009 Work Report 7.White Bear Avenue/County Road D Improvements, Project 08-13, Acceptance of $10,000 Grant From Minnesota Department of Employment and Economic Development 8.Priory Public Improvements (St. Paul’s Monastery), Project 07-24, Transfer to Close Fund 586 9.Approve Purchase of 2010-2011 Winter Road Salt 10.Myrtle-Sterling Street Improvements, Project 07-19, Resolution Approving Final Payment and Acceptance of Project 11.Approval of Change to the Rules And Procedures For City Council And Council Meetings 12.Approval of Adoption of Business & Economic Development Commission (BEDC) Rules of Procedures H.PUBLIC HEARINGS 1.Consider Approving Financing Plan for Proposed Project and the Issuance of Revenue Obligations for Tubman a.Resolution Giving Host Approval to the Issuance of Revenue Obligations With Respect to aProject for Tubman and Located In Part In the City of Maplewood, Under Minnesota Statutes, Sections 469.152 Through 469.165 I.UNFINISHED BUSINESS 1.Consideration of Penalties for Tobacco and Alcohol Compliance Failures 2.Approve Resolution Accepting Proposal on the Competitive Negotiated Sale of $11,970,000 Taxable General Obligation Bonds, Series 2010A, Providing for Their Issuance and Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof 3.Approve Resolution Accepting Proposal on the Competitive Negotiated Sale of $4,115,000 General Obligation Refunding Bonds, series 2010B, Providing for Their Issuance and Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof. 4.Consider Adoption of Amendments to the Rural Conservation Dwelling District (R1-R) Ordinance – Second Reading 5.Consider Adoption of the Rural Conservation Dwelling District (R1-R) Ordinance, Summary Publication Review(Super Majority Vote Required) 6.Consider Adoption of Amendments to the Conditional Use Permit/Planned Unit Development Ordinance – Second Reading 7.Consider Adoption of the Conditional Use Permit/Planned Unit Development Ordinance, Summary Publication Review(Super Majority Vote Required) 8.Consider Authorizing Consultant Contract for Review and Evaluation of Water Utility Capital and Operating Expenses J.NEW BUSINESS 1.Approval of Off-Sale Intoxicating Liquor License New Store Manager – Jonathan Edward Ingebretsen, Costco Wholesale Liquor 2.Consider the Rezoning of Properties from M1 (Light Manufacturing) to MU (Mixed Use) Located at 2055 White Bear Avenue, 2080 Prosperity Avenue and 2075 Prosperity Avenue 3.Consider the Rezoning of the Town & Country ManufacturedHome Park and Adjacent Vacant Properties From F (Farm Residential), R1 (Single Dwelling Residential) and M1 (Light Manufacturing) to R3 (Multiple Dwelling Residential) 4.Resolution Requesting the Metropolitan Council to Study Fixed Bus Routes to Better Serve Maplewood and Surrounding Communities 5.Hills and Dales Area Street Improvements, Project 09-15, Resolution Accepting Assessment Roll and Ordering Assessment Hearing For May 10, 2010 6.Consider Ordinance Revisions for Commission and Board Member Term Expiration Dates a.Ordinance Amending the Historical Preservation Commission, Community Design Review Board and Park & Recreation Commission – First Reading b.Resolution Changing Commission and Board Member Term Expiration Dates K.VISITOR PRESENTATIONS L.AWARD OF BIDS M.ADMINISTRATIVE PRESENTATIONS 1.Approval of Resolution Adopting the 2010 City Council Goals N.COUNCIL PRESENTATIONS O.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 CIVILITYFOR 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 andunderstood 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. THIS PAGE IS INTENTIONALLY LEFT BLANK Agenda item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:30 p.m., Monday,March 22, 2010 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 6:32 p.m.by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Absent James Llanas, Councilmember John Nephew, Councilmember Present Absent Julie Wasiluk, Councilmember C.APPROVAL OF AGENDA CouncilmemberNephewmoved to approve the agenda as submitted. Seconded by Mayor Rossbach. Ayes – The motion passed. D.UNFINISHED BUSINESS None. E.NEW BUSINESS 1.Discussion on Proposed amendments to the Historical Preservation Ordinance a.Building Official, Historical Society Liaison, Dave Fisher gave the staff report. b.City Attorney, Alan Kantrud answered questions of the council. Members of the Historical Preservation Commission added comments regarding the proposed amendments. F. ADJOURNMENT MayorRossbachadjourned the meeting at 7:00 p.m. March22, 2010 1 City Council Manager Workshop Minutes Packet Page Number 5 of 294 Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday,March 22, 2010 Council Chambers, City Hall Meeting No. 07-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:08 p.m. by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Absent James Llanas, Councilmember John Nephew, Councilmember Present Absent Julie Wasiluk, Councilmember D. APPROVAL OF AGENDA The following items were changed or added to the agenda. J2.Mayor Rossbach recommended moving item J2. Consideration of Penalties for Tobacco and Alcohol Compliance Failures after G. Consent Agenda N1.Citizens Forum – Councilmember Nephew N2.Lawn Care – Councilmember Nephew N3.Extreme Green Makeover – Councilmember Juenemann N4.NSP Resolution Request - Mayor Rossbach Councilmember Juenemannmoved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes – All The motion passed. E. APPROVAL OF MINUTES 1.Approval of March 1, 2010, Special City Council Meeting Minutes. CouncilmemberNephewmoved to approve the March 1, 2010, Special City Council Meeting Minutes as submitted. Seconded by Mayor Rossbach. Ayes – All The motion passed. 2.Approval of March 1, 2010 Council Manager Workshop Minutes CouncilmemberJuenemannmoved to approve the March 1, 2010, Council Manager Workshop Minutes as submitted. Seconded by CouncilmemberNephew. Ayes – All March 22, 2010 Packet Page Number 6 of 294 1 City Council MeetingMinutes The motion passed. 3.Approval of March 8, 2010 Special City Council Meeting Minutes. Mayor Rossbachmoved to approve the March 8, 2010, Special City Council Meeting Minutes as submitted. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 4.Approval of March 8, 2010 Council Manager Workshop Minutes CouncilmemberNephewmoved to approve the March 8, 2010, Council Manager Workshop Minutes as submitted. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 5.Approval ofMarch 8, 2010 City Council Meeting Minutes Mayor Rossbachmoved to approve the March 8, 2010,City Council Meeting Minutes as submitted. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1.Stillwater Road/TH 5 Improvements, Project 09-04, Appreciation For Public Involvement and Support a.City Engineer, Deputy Public Works Director, Michael Thompson gave a report. No action was taken. Mayor Rossbach asked if anyone wanted to address the councilregarding this item, the following individuals spoke. 1.Mark Anderson, Stillwater Road. 2.John O’Phelan, Stillwater Road. 3.U.S. State Senator, Chuck Wiger. The city council recognized the efforts of the citizens and project partners involved with the Stillwater Road/TH 5 Improvements, City Project 09-04. March 22, 2010 Packet Page Number 7 of 294 2 City Council MeetingMinutes G. CONSENT AGENDA 1.Councilmember Nephewmoved to approve items 1-9, 11, and 12. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 2.Councilmember Nephewmoved to approve item13. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 3.Councilmember Juenemannmoved to approve item10 for the Housing and (HRA). Redevelopment Authority Seconded by Mayor Rossbach. Ayes – All The motion passed. PC) Councilmember Juenemann moved to approve item 10 for the Planning Commission (. Seconded by Councilmember Nephew. Ayes – All The motion passed. tableENR) Councilmember Nephew moved to item 10 the Environmental Natural Resources (for anindefinite time. Seconded by Councilmember Juenemann. Ayes – Councilmember Juenemann & Nephew Nay – Mayor Rossbach table The motionto passed. 1.Approval of Claims CouncilmemberNephewmoved Approval of Claims. ACCOUNTS PAYABLE: $ 86,991.48Checks# 80735thru #80777 Dated 03/02/10 thru 03/09/10 $ 200,621.66Disbursements via debits to checking account Dated 02/26/10 thru 03/05/10 $ 375,847.62Checks # 80778thru # 80836 Dated 03/09/10 thru 03/16/10 March 22, 2010 Packet Page Number 8 of 294 3 City Council MeetingMinutes $ 333,622.52Disbursements via debits to checking account Dated 03/05/10 thru 03/12/10 __________________ $ 997,083.28Total Accounts Payable PAYROLL $ 497,381.39Payroll Checks and Direct Deposits dated 03/15/10 $ 2,229.75Payroll Deduction check #1005097 thru #1005099 dated 04/18/09 ___________________ $ 499,611.14Total Payroll GRAND TOTAL $ 1,496,694.42 Seconded by Councilmember Juenemann. Ayes – All The motion passed. 2.Approval of 2009 Transfers Between Funds Councilmember Nephewmoved toapprove closing debt service funds no longer needed as the related bonds have been fully paid. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 3.Approval of Resolution Accepting Donations to the Fire Department in Memory of Theodora Lenzmeier from the following individuals: a.Pamela Cantley b.Julie Morton c. Mary Jo Rafferty CouncilmemberNephewmoved toapprove the resolution accepting donations of $190.00 to the fire department in memory of Theodora Lenzmeier from Pamela Cantley, Julie Morton and Mary Jo Rafferty. RESOLUTION 10-03-361 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Pamela Cantley, Julie Morton and Mary Jo Rafferty to grant the city Maplewood the following: $190.00 and; WHEREAS, Pamela Cantley, Julie Morton and Mary Jo Rafferty have instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve the community in memory of Theodora Lenzmeier, and; March 22, 2010 Packet Page Number 9 of 294 4 City Council MeetingMinutes WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood CityCouncil passed this resolution by four-fifths or more majority vote of its membership on March 22, 2010. Signed: Signed: Witnessed: ______________________ ________________________ __________________________ (Signature) (Signature) (Signature) Mayor Chief of Fire City Clerk_________________ (Title) (Title) (Title) Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 4.Resolution Accepting Donation to Volunteers in Police Service Program Councilmember Nephewmoved toapprove the resolution accepting the donation from Qwest Foundation. RESOLUTION 10-03-362 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, the Qwest Foundation wishes to grant the City of Maplewood the following: $500, and; WHEREAS, the Qwest Foundation has instructed that theCity will be required to use the aforementioned for: the Maplewood Police Department Volunteers in Police Service (VIPS) program, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. March 22, 2010 Packet Page Number 10 of 294 5 City Council MeetingMinutes The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on March 22, 2010. Signed: Signed: Witnessed: ___________________ ____________________ ___________________ (Signature) (Signature) (Signature) Mayor______________ Chief of Police_________ City Clerk____________ (Title) (Title) (Title) ___________________ _____________________ ____________________ (Date) (Date) (Date) Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 5.Authorize Purchase of Bituminous Materials for 2010 CouncilmemberNephewmoved toapprove the street superintendent to purchase the bituminous materials needed for street and parks maintenance projects up to $80,000.00. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 6.Authorize Ramsey County to Perform 2010 Street Striping Councilmember Nephewmoved toapprove Ramsey County to perform city pavement striping needs, in an amount not to exceed $27,000.00. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 7.Approval of Payment – Tartan Ice Arena Operation and Maintenance CouncilmemberNephewmoved toapprove to pay the invoice of $40,372.93 and the unbudgeted amount of $10,372.93 will be transferred from the General Fund Balance. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 8.Conditional Use Permit Review – Xcel Substation, 1480 County Road D Councilmember Nephewmoved toapprove the conditional use permit for Xcel Energy’s electrical substation and related electrical system operations and a wood chipping and transfer operation on their property in one year. Seconded by CouncilmemberJuenemann. Ayes – All March 22, 2010 Packet Page Number 11 of 294 6 City Council MeetingMinutes The motion passed. 9.Planned Unit Development Review – Woodlynn Pond Townhomes Councilmember Nephewmoved toapprove the conditional use permitfor the Woodlynn Ponds Townhomes PUD and to be reviewed again in one year. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 10.Resolutions of Appreciation for Harland Hess, (Planning Commission), Joseph Walton (Planning Commission), Joshua Richter(Housing and Redevelopment Authority), and Frederica Musgrave(Environmental and Natural Resources Commission). CouncilmemberJuenemannmoved toapprove the resolution of appreciation for Harland Hess, on the (Planning Commission). RESOLUTION 10-03-363 JOINT RESOLUTION OF APPRECIATION WHEREAS, Harland Hess has been a member of the Maplewood Planning Commission since February 13, 2006 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Harland Hess is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on March 22, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Planning Commission On March 2, 2010 ____________________________________ LorraineFischer, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk March 22, 2010 Packet Page Number 12 of 294 7 City Council MeetingMinutes Seconded by Councilmember Nephew. Ayes – All The motion passed. CouncilmemberJuenemannmoved to approve the resolution of appreciation for Joseph Walton on the(Planning Commission). RESOLUTION 10-03-364 JOINT RESOLUTION OF APPRECIATION WHEREAS, Joseph Walton has been a member of the Maplewood Planning Commission since February 12, 2007 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Joseph Walton is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on March 22, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Planning Commission On March 2, 2010 ____________________________________ Lorraine Fischer, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by Councilmenber Nephew. Ayes – All The motion passed. March 22, 2010 Packet Page Number 13 of 294 8 City Council MeetingMinutes CouncilmemberJuenemannmoved to approve the resolution for Joshua Richter on the (Housing and Redevelopment Authority), RESOLUTION 10-03-365 RESOLUTION OF APPRECIATION WHEREAS, Joshua Richter has been a member of the Maplewood Housing and Redevelopment Authority for two years since his appointment to the HRA by the city council on February 25, 2008 and has served faithfully in that capacity; and WHEREAS, the Housing and Redevelopment Authority has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Richter has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Richter has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Joshua Richter is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on March 22, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Housing and Redevelopment Authority On March 10, 2010 ____________________________________ Gary Pearson, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by Mayor Rossbach. Ayes – All The motion passed. table Councilmember Nephewmoved to the resolution of appreciation for Frederica Musgrave foran indefinite time (Environmental and Natural Resources Commission). Seconded by CouncilmemberJuenemann. Ayes – Councilmember Juenemann & Nephew Nay – Mayor Rossbach table The motion to passed. March 22, 2010 Packet Page Number 14 of 294 9 City Council MeetingMinutes 11.Approval to Enter Into Contract with Imaging Path for Printer Services Councilmember Nephewmoved toapprove the one year contract to receive printer services from Imaging Path. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 12.Request Approval to Purchase 2010 Squad Cars CouncilmemberNephewmoved toapprove authorization to purchase four Ford Crown Victoria Police interceptor squad cars and one Chevrolet Impala. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 13.Approval of Change to the Rules and Procedures for City Council and Council Meetings – Time Change of Council Manager Workshop CouncilmemberNephewmoved toapprove the Change to the Rules and Procedures for City 5:15 Council and Council Meetings Time Change of Council Manager Workshop in Section 2 to p.m. and in addition changing Section 10, (Ordinances, Resolutions, Motions & Reports), Super Majority Vote Paragraph B,to read shall require arather than requiring 4 votes to reflect state statute. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. J2.Consideration of Penalties for Tobacco and Alcohol Compliance Failures (This item was movedafter the Consent Agenda) a.Director Citizen Services, City Clerk, Karen Guilfoile gave the report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. Mayor Rossbach invited business owners to come forward and address the council. The council asked Katie Engman with Ramsey Tobacco Coalition Program Director to speak. March 22, 2010 Packet Page Number 15 of 294 10 City Council MeetingMinutes CITY OF MAPLEWOOD CITY COUNCIL MEETING 3/22/2010 ALCOHOL/TOBACCO COMPLIANCE FAILURES BUSINESS NAME -OWNER –ADDRESS COMPLIANCECOMPLIANCEFINE FAILUREDATEIMPOSED 5-8 TAVERN -2289 MINNEHAHA AVE ALCOHOL11/14/2009$500 COSTCO DISCOUNT LIQUOR -1431 BEAM AVE -OPENED 08/14/2008 ALCOHOL10/23/2009$500 CUB FOODS #31264 (GROCERY STORE) -2390 WHITE BEAR AVE ALCOHOL12/14/2009$500 FREEDOM VALU CENTER # 65 -1535 BEAM AVE TOBACCO11/21/2006$500 TOBACCO08/13/2009$750 GULDEN'S ROADHOUSE -2999 MAPLEWOOD DRIVE ALCOHOL11/13/2009$500 HOLIDAY -280 S MCKNIGHT ROAD TOBACCO12/16/2008$250 LES'S SUPERETTE -2665 WHITE BEAR AVE TOBACCO08/13/2009$500 MAPLEWOOD WINE CELLAR -1281 FROST AVE ALCOHOL11/13/2009$500 MCKNIGHT MARKET & GAS -1690 N MCKNIGHT ROAD -OPENED 07/16/2007 -CLOSED 06/26/2009 ALCOHOL11/22/2008$1,000 TO BE BILLED TO PREVIOUS OWNER MYTH NIGHTCLUB -3090 SOUTHLAWN -OPENED 08/01/2005 -CLOSED 08/01/2009 ALCOHOL11/29/2008$500 RICHARD'S MARKET -1344 FROST AVENUE ALCOHOL11/13/2009$500 March 22, 2010 Packet Page Number 16 of 294 11 City Council MeetingMinutes SARRACK'S INT'L WINE & SPIRITS -2305 STILLWATER ALCOHOL11/13/2009$1,000 SINCLAIR RETAIL -MICHAEL HUYNH -2158 RICE STREET -OPENED 04/05/2008 TOBACCO12/16/2008$250 THE ROCK NIGHT CLUB -2029 WOODLYN AVE -OPENED 09/28/2004 TOBACCO08/13/2009$500 Mayor Rossbachmoved to recommend the penalties as proposedin the staff report except for Les’s Superette at 2665 White Bear Avenueand McKnight Market & Gasat1690 McKnight Road North. Seconded by CouncilmemberNephew. Ayes – All The motion passed. Councilmember Nephew moved to recommend the proposed penalty of $500 for Les’s Superette at 2665 White Bear Avenuefor the tobacco non compliance. Seconded by Mayor Rossbach. Ayes – All The motion passed. Mayor Rossbach moved to impose a fineof $1,000 to the previous owner of McKnight Market & Gasat 1690 McKnight Road North. Seconded by Councilmember Nephew. Ayes – All The motionpassed. H. PUBLIC HEARING 1.Consider Adoption of Amendments to the Rural Conservation Dwelling District (R1R) Ordinance – First Reading a.Planner, Michael Martingave the report and answered questions of the council. b.Planning Commissionmember,Jeremy Yarwood spoke representing the Planning Commission. Mayor Rossbach opened the public hearing. Noonecame forward to address the council. Councilmember Nephewmoved toapprove the (First Reading) of the amended text to the R-1R zoning district with the recommendations and conditions. PROPOSED ORDINANCE MODIFYING THE R-1R (RURAL SINGLE-DWELLING RESIDENCE) ZONING DISTRICT March 22, 2010 Packet Page Number 17 of 294 12 City Council MeetingMinutes THE MAPLEWOOD CITY COUNCIL approved the following changes to the Maplewood Code of Ordinances: (Deletions are crossed out and additions are underlined.) Section 44-9. Zoning Districts. The city is herby divided into the following zoning districts: F, Farm Residence District. R-1, Residence District (Single Dwelling). R-1R, Rural Conservation Dwelling District R-1S, Small-Low Single-Dwelling District. R-2, Residence District (Double Dwelling). R-3, Residence District (Multiple Dwelling). R-E, Residence Estate District. NC, Neighborhood Commercial District. CO, Commercial Office District. BC, Business and Commercial District. LBC,Limited Business Commercial District. BC(M) Business Commercial Modified District. SC, Shopping Center District. M-1, Light Manufacturing District. M-2, Heavy manufacturing District. DIVISION 3.5 R-1(R) RURAL CONSERVATION DWELLING DISTRICT Sec. 44-117. Purpose and Intent. The City of Maplewood finds that there is a direct link between the natural systems and character that exists throughout certain areas of the community. The requirements of this Rural Conservation Dwelling District are meant to preserve and enhance the ecological/aesthetic character by providing incentives that: 1) reinforce and establish ecological connections throughout the city; 2) protect and enhance drainageways and water quality; 3) protect and enhance ecological communities; 4) preserve and improve vistas; and 5) preserve or reinterpret local historical landmarks. To allow for and to protect a semi-rural, residential life style, the city creates the R-1R zoning district that is intended to encourage conservation based development. This zoning district is for the areas of Maplewood that are not suitable for suburban or tract development because of topography, vegetation or other factors that make the area unique. The city finds the most suitable use of these areas is single dwellings on large lots, but is interested in protecting the natural resources and will encourage developments to follow the conservation principles and initiatives identified in subsequent sections of this ordinance. To further support the rural quality of the area, the density calculations in the R-1R district shall be calculated on a net acre basis which is further described Section 44-130 (c) of this ordinance. Low-density residential development and conservation development will lessen grading and soil erosion and will help protect ground water, vegetation, ecological communitiesand wooded areas. Sec. 44-118. Uses. The City shall only allow the following uses: (a)Permitted uses: 1)Any permitted use in the R-1 District, subject to its regulations. (b)Conditional uses. The City may permit the following by conditional use permit: 1)Any use allowed by conditional use permit in the R-1 (single dwelling) District. 2)Commercial farming or gardening, including the use or storage or associated equipment, when on a property with a single dwelling. 3)Stands for the sale of agricultural products grown or produced on the property. March 22, 2010 Packet Page Number 18 of 294 13 City Council MeetingMinutes 4)Metal storage buildings, commonly known as pole barns or agri-buildings, subject to the applicable size and height requirements. (c) Prohibited uses. The city prohibits the following uses in the R-1(R) zoning district: 1)Accessory buildings without an associated single dwelling on the same property. 2)Reserved. Sec. 44-119. Height of buildings. The maximum height of a single-family dwelling shall be thirty-five (35) feet. Sec. 44-120. Lot dimensions, lot area, width requirements, and side yards. (a)No person shall build a single dwelling on a site less than eighty seven thousand one hundred twenty (87,120) square feet (2 acres) in area; unless the conservation design principles are applied as described in Section 44-128. (b)Each lot or parcel shall have enough area or usable space for a house, driveway, and if needed, awell and individual sewage treatment system (ISTS) with a primary and secondary site or an acceptable design and plan for a community septic system or regional sewer. (c) Each dwelling and any accessory structure(s) shall have side yard setbacks as defined in table 44-120.1 and shall be measured from the property line to the structure. The followingexceptions to this standard shall apply: 1)The side yard on the street side of a corner lot shall have a width of at least thirty (30) feet. 2)When a property owner uses two (2) or more adjoining lots as a single-building site, the side yard requirements shall apply only to the outside lot lines. (d)The following table identifies the minimum lot area and lot width based on the conservation tiers: Table 44-120.1 Conservation Density Minimum Minimum Side Yard Front Yard TierRange AreaFrontageSetbackSetback Tier I (0-20.5 – 1.5015,000100’30’50’ Principles)U/A43,560SF Tier II (3-541.61–3.510,00080’15’30’ Principles)1.5U/A15,000SF Tier III (6-73.6 –4.3 7,500 SF50’10’20’ Principles)U/A (e)Each interior lot shall have at least fifty (50)feet of frontage on an improved public street. (f)Each corner lot or parcel shall have at least eighty (80) feet of frontage on each of the public streets. Sec. 44-121. Front Yards. (a)Each dwelling and any accessory structure(s) shall have a front yard setback as defined in table 44-120.1. Except that: 1)If each of the lots next to an interior lot has a dwelling, the minimum setback shall be the setback of the adjacent dwelling closest to the street. The maximum setback shall be the setback of the adjacent dwelling farthest from the street. 2)If subsection (a)(1) above does not apply and there is a predominant setback, a dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. March 22, 2010 Packet Page Number 19 of 294 14 City Council MeetingMinutes 3)Regardless of the above, if the city council has approved special setbacks for a development, those setbacks shall apply. City approval of a preliminary plat with building pads does not constitute approval of special setbacks. 4)Regardless of the above, homeowners may add on to their homes using the existing setback. 5)In all cases, the accessory structures shall be no closer than the principle structure unless approved by the City Council. (b)The director of community development may allow a different front yard setback if the proposed setback would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1)The proposed setback would not affect the privacy of adjacent homes. 2)The proposed setback would save significant natural features, as defined in Section 9- 188. 3)The proposed setback is necessary to meet city, state or federal regulations, such as pipeline setback or noise regulations. 4)The proposed setback is necessary for energy saving, health or safety reasons. Sec. 44-123. Rear Yards. (a)Single dwellingsshall have a rear yard setback of at least twenty (20) percent of the lot depth. (b)Accessory buildings shall have a rear yard setback of at least thirty (30) feet. Sec. 44-124. Tower, antenna and flagpole setbacks. Antennas and flagpoles for residential (non-commercial) use in the R-1(R) zoning district shall meet the same setbacks as accessory buildings in the R-1 (single dwelling) district. Sec. 44-125. Minimum foundation areas; room requirements. (a)The minimum foundation area shall be at least: 1)A one-story dwelling, nine hundred fifty (950) square feet. 2)A one and one-half story dwelling, seven hundred twenty (720) square feet. 3)A bi-level dwelling, eight hundred sixteen (816) square feet. 4)A tri-level dwelling, seven hundred sixty five (765) square feet. 5) A two story dwelling, five hundred twenty-eight (528) square feet. (b)Room size and number shall be consistent with the standards of the International Residential Code. Sec. 44-126. Building-width requirements. The minimum building width on the primary frontage shall be at least twenty-one (21) feet. The building width shall not include entryways or other appurtenances that do not run the fully depth of the building. Sec. 44-127. Accessory buildings. (a)Section 44-114 (Accessory buildings) in the R-1 Districtshall apply to the use and height of accessory buildings and garages in the R-1R zoning district. (b)For lots in the R-1R zoning district, the following size standards shall apply to accessory buildings and garages: Table 44-127.1 Accessory Sizes DetachedBuildings Attached Garages Combination of (Max Area, Square (Max Area, Square detach buildings and Feet)Feet)attached Garage (Max Area) March 22, 2010 Packet Page Number 20 of 294 15 City Council MeetingMinutes Tier I1,400 (garages), 1,4002,800 1,100 (other) Tier II1,0001,250SF Total1,000 1,2501,480 1,850 Tier III850 SF Total8501,000 Sec. 44-128. Definitions and Conservation Principles. The conservation principles in the following table shall represent the conservation incentives for this ordinance. The definitions of each principle follow the table. All incentives, and subsequent conservation bonuses as described in Table 44-130.1, shall only be granted IF they exceed the minimum standards set forth in the existing City ordinances that relate to environmental protection as identified in, but are not limited to,Ordinance Chapters 12 and 44. It shall be noted that the City has several ordinances that control and define natural resources and environmental quality, in all cases, the more restrictive ordinance shall apply and it is the developer’s responsibility to discuss any issues or questions regarding the applicable ordinances with the City Planner. The developer shall be aware that the conservation principles shall be subject to the recommendations of the city staff, applicable commissions, planning commission and ultimate approval by the city council. As stated in Sec. 44-129 the developer shall be required to work closely with these bodies to develop a plan that supports the goals and objectives for the R-1R District. Without council approval the developerwill be entitled to a base entitlement of one unit per two acres with a 2.0 acre lot minimum. In all cases, the developer shall receive a conservation bonus as described in Table 44-130.1 ONLY if the development integrates the conservation principle as adominant theme throughout the proposed development. This shall be required of all proposed conservation principles. The City’s objective is to maintain the rural quality of the R-1R district and encourage conservation principles and development in the city’s areas with natural resource quality. Table 44-128.1 identifies the conservation principles that may qualify for density incentives. The table is categorized into two groups: Group A – Natural Characteristics and Group B – Design Characteristics. The developer shall be required to present a diverse set of conservation principles for a site. Additionally, the developer is encouraged to use a mix of conservation principles and may not duplicate principles and receive a density incentive in exchange. For example if the developer proposes to preserve a large wooded area and consequently preserves an important stand of oak trees, the developer will receive the density incentive for one conservation principle not two. Table 44-128.1 Conservation Principles for Density Incentives Group A: Natural CharacteristicsGroup B: Design Characteristics Additional Shoreline BuffersClustering Additional Stormwater ManagementCreate/Develop Trail Connections Creek Restoration ManagementCreate Passive Parks Dedicate 50% Open SpaceEnergy Efficiency Enhance/Preserve Large Wooded Areas or Historic Preservation Forest Enhance Wetlands, Create Management PlanLEED Certified Buildings/Development Prairie RestorationLow Impact Development (LID) Slope Buffer PreservationPreserve and Establish Natural Area Greenways Tree PreservationVista Shed/Corridor Preservation GROUP A: Natural Characteristics March 22, 2010 Packet Page Number 21 of 294 16 City Council MeetingMinutes The following conservation principles are defined for this ordinance as natural characteristics because they directly apply specifically to naturally occurring characteristics on a site. The principles are presented in alphabetical order. Additional Shoreline Buffers:Beyond those already identified in the Shoreland Overlay District, the creation and plan for permanent protection of protective buffers around those areas which are more sensitive to the negative impacts of development, especially areas that are defined as bluffs or steep slopes, where critical habitat may dwell, near historic tree clusters or heritage trees etcetera for which the additional buffers may vary or be averaged near the location of protection importance. Additional Stormwater Management:The city has existing stormwater management policies, but there is opportunity to further improve the stormwater management on a site. The developer shall be given a conservation bonus for a stormwater management plan and implementation that exceeds the city’s existing policy. 1)that supports how the concept plan addresses the conservation principle and how theplan meets and exceeds the standards of the city’s existing natural resource ordinances. 2)A graphic that demonstrates generally how the lots would be laid out and the unit types proposed as part of the development. 3)A narrative that describes the conservation principles used in the concept plan and supporting data demonstrating how the concept meets the standards of existing ordinances, and data demonstrating how the concept plan exceeds them. 4)The developer shall submit, with their concept plans, data and reports related to the conservation principles performed by a reputable ecologist or ecological firm. The city shall reserve the right, if needed, to hire their own ecological expert at the cost of the developer to verify and further understand the plans submitted by the applicant/developer. 5)Submit twenty (20) copies of items 1 through 4 for informal or non-binding comments by city staff, planning commission and city council. Each body will provide feedback and recommendations to the developer so the developer understands the changes they need to make moving forward to the preliminary plat. It will be up to the city council to make the final decision with respect to the implementation of the conservation principles and final density of a project. (b)After the concept plan review, the developer shall take and integrate the recommendations and prepare a preliminary plat and final plat submittal in accordance with section 34-5 of the subdivision ordinance. (c) A full developer’s agreement as well as any necessary agreements that document the conservation principles and how they will be upheld will be required as a part of any final plat approval. This shall also include, if applicable, any dedication or transfer of property for the purpose of permanent conservation which shall be completed prior to final plat approval or the issuance of any building permit. Sec. 44-130 Conservation Bonus Standards The following conservation bonuses shall be rewarded based on the number of conservation principles (as identified in Table 44-128.1) integrated within a development. The conservation principles and their application must be agreed to by both the developer and the city. (a)Conservation bonus is defined as the additional allotment of a lot or lots as determined by the numberof conservation principles met. Conservation bonus is also commonly referred to as a density bonus. (b)The units obtained through the conservation bonus calculation shall always be rounded down to the nearest whole number. (c) The density and number of units shall be calculated on a net area basis. Net density shall be defined as the number of dwelling units per acre exclusive of arterial streets and right of ways, March 22, 2010 Packet Page Number 22 of 294 17 City Council MeetingMinutes steep slopes (in excess of 18%), wetlands and water features, and other publicly dedicated improvements such as parks. Table 44-130.1Conservation Bonus Allotment for Conservation Principles The following table identifies the baseline entitlement for all property zoned R-1R of 0.5 units per acre. All conservation bonuses are cumulative and the percentage bonus calculated as such. Density Number of Conservation bonus (Housing Number of Lots on a 10 RangeConservation Units) Acre Site (Example) Principles Tier 1:0None –base entitlement of 2 Acre 5 Lots 0.5 – 1Lots7 lots 1.502 50%10 lots 100% Tier 2:3-16 lots 1.6 –3.5 4 50100%2415lots 1.1 –1.55100%32 lots Tier 3:6-36 lots 3.6 –4.37*20%43 lots The asterisk in Table 44-130.1 denotes a mandatory conservation principle of protecting fifty percent (50%) of a proposed project in open space. A management plan for all protected open space shall be required to achieve final plat approval. Potential options include management by a Homeowners Association, dedicated to a public use or interested agency. Seconded by Mayor Rossbach. Ayes – All The motion passed. 2.Consider Adoption of Amendments to the Conditional Use Permit/Planned Unit Development Ordinance – First Reading a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. c. Planning Commissioner, Jeremy Yarwood spoke representing the Planning Commission. d.City Attorney, Alan Kantrud answered questions of the council. Mayor Rossbach opened up the public hearing. Noonecame forward to address the council. Councilmember Nephewmoved toapprove the (First Reading) of the proposed changes to the conditional use permit/planned unit development ordinance.These changes incorporated those proposed in the March 22, 2010 addendum report provided by staff at the meeting which containedcorrections from the planning commission. Furthermore council revises Sec. 44- 1097(a)(5), Standards to read, The use would not exceed the design standards of any affected street. Seconded by Mayor Rossbach. Ayes – All The motion passed. March 22, 2010 Packet Page Number 23 of 294 18 City Council MeetingMinutes THISVERSIONINCLUDESTHEPLANNINGCOMMISSION’S THISVERSIONINCLUDESTHEPLANNINGCOMMISSION’S REVISIONSOFMARCH2,2010 REVISIONSOFMARCH2,2010 ORDINANCE NO. ___ AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT REQUIREMENTS The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. This section revises Article V of the Maplewood Code of Ordinances dealing with conditional use permits and planned unit developments. ARTICLE V. CONDITIONAL USE PERMITS Sec. 44-1091. Purpose. The purpose of a conditional use permit is to provide the city with some discretion, based on specific standards, in determining the suitability of conditional uses. The city is not obligated to approve such uses. (Code 1982, ss 36-436) Sec.44-1092. Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district in from whichthey are not permitted and not specifically prohibited: (1) Public and private utilitiesutility, public service or public building uses. (2)Mining. Refer to the requirements under article IV of this chapter. (3)Library; community center; state-licensed day care or residential program unless exempted by state law; church; hospital and a helistop as an accessory use to a hospital; any institution of any educational, philanthropic or charitable nature; cemetery, crematory or mausoleum. (4)An off-street parking lot as a principal use in a commercial or industrial zoning district.other than a commercial or industrial district . (5)Part of an apartment building for commercial use, intended for the building’s residents, such as drugstore, beauty parlor, barbershop, medical office or similar use. (6)Planned unit developments (PUD). (7)Construction of an outlot. (Code 1982, ss 36-437) Sec. 44-1093. Planned unit developments. (a)A planned unit development (PUD) may not be divided unless the density distribution approved in thePUD is ensured. March 22, 2010 Packet Page Number 24 of 294 19 City Council MeetingMinutes (b)The city councilmay consider flexibility from strict code compliance in the internal and external design requirements of a proposed PUD and may consider deviations from those requirements. It is the intention of this section and the other sections of this article relating to planned unit developments to provide a means to allow flexibility by substantial deviations from this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: 1.The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature.Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. 2. The PUD would be consistent with the spirit, intent and purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 4.The deviations would notconstitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment . 5.The deviations are required for thereasonable and practicalpracticable physical development of the projectand are not required solely for financial reasons. (c) The development shall conform to the plans and specifications as filed with the city. Any substantive changes in the plans and specifications shall require a recommendation by the planning commission and approval by the city council after a public hearing. (d)Common open space. The developer shall provide deed restrictions, covenants, easements, public dedication or other equally effective and permanent means to preserve and maintain any common open space. The instruments must include all the following protection: 1.Except for routine maintenance, the city must approve the alteration of any vegetation or topography that is visible from a public water. 2.Prohibit the exterior storage of vehicles or other materials. Storage shall not include routine vehicle parking or the temporary storage of materials for an ongoing construction project. 3.If on a public water, prohibit the uncontrolled beaching of watercraft. (e)Owners’ association. All planned unit developments with common open space must have an owners’ association with the following features: 1.Each lot owner must be a member. 2.Each member must pay a pro rata share of the association’s expenses, and unpaid association assessments can become liens on units or sites. 3.Association assessments must be adjustable to adapt to changing conditions. 4.The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities. (f)The city shall designate PUDs on the official city zoning map. (Code 1982, ss 36-438) March 22, 2010 Packet Page Number 25 of 294 20 City Council MeetingMinutes Sec. 44-1094. Outlots. (a)No building permit shall be issued for construction upon an outlot, except by conditional use permit. (b)The city council shall not grant a conditional use permit for building upon any outlot, unless the outlot meets the following conditions: 1.It meets the minimum size and frontage requirements provided for in this chapter. Secs. 44-1106—44-1130. Reserved. Section 2. This section revises Section 44-6. Definitions. Basic structural alterationmeans any enlargement of a building or modification to the framing of a building, whether by extending on any side or by increasing in height, length, width or changes caused byorthe moving of a building from one location to another. Conditional usemeans a land use or development that would not be appropriate generally, but may be allowed with appropriate conditions or restrictions as provided by theofficial controls outlined in Article V, Conditional Use Permits. Planned unit developments (PUD)means a type of development characterized by a unified site design, with two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites. The PUD application, timing and recording process is described under Article V, Conditional Use Permits. Section 3. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on March 22, 2010. _________________ Mayor Attest: ______________________ City Clerk THESESUGGESTIONSWEREMADEBYTHECITYCOUNCILONFEBRUARY22,2010 THESESUGGESTIONSWEREMADEBYTHECITYCOUNCILONFEBRUARY22,2010 Additions are underlined and deletions are crossed out. Sec.44-1092. Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district infrom which they are not permitted and not specifically prohibited: Sec. 44-1093. Planned unit developments. (b) The city council may consider flexibility from strict code compliance in theinternal and external design requirements of a proposed PUD and may consider deviations from those requirements. The city council shall consider the following factors:It is the intention of this section and the other March 22, 2010 Packet Page Number 26 of 294 21 City Council MeetingMinutes sections of this article relatingto planned unit developments to provide a means to allow flexibility by substantial deviations from this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: Sec. 44-1097. Standards. (a)A conditional use permit may be approved, amended or deniedbased onthefollowing standards for approval, in addition to any standards or findings for a conditional use found elsewhere in the Maplewood Code of Ordinances:in this chapter: Sec. 44-1097(a)(5). Standards. (5) The use wouldnot exceed the design standard of any affected streets. generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. Sec. 44-1097(a)(9). Standards. (9) The use wouldcause no more thanminimal adverse environmental effects. Sec. 44-1097(b). Standards. (b) The city council may waive any of the requirements in subsection (a) of this section for a public building or utility structure, provided the council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. Sec. 44-1103. Conditional uses to conform to terms and conditions attached toissuance. (b) Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit shall require anamended permit, and all procedures shall apply as if a new permit were being issued. All uses existing on the effective date of the ordinance from which this article derives shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on such date. Any enlargement, structural alteration, or intensification of use shall require an amended conditional use permit as provided for in this subsection. The City Council took a 10-minute break. I.UNFINISHED BUSINESS None. J.NEW BUSINESS 1.Approval of On-Sale Intoxicating Liquor License New Manager – Jeffrey Naumann, Chipotle Mexican Grill a.Director Citizen Services, City Clerk, Karen Guilfoile gave the report and answered questions of the council. i.Jeffrey Naumann, General Manager of Chipotle Mexican Grill, 2303 White Bear Avenue, Maplewood,addressed the council. March 22, 2010 Packet Page Number 27 of 294 22 City Council MeetingMinutes Councilmember Nephewmoved to approve the on-sale intoxicating liquor license for Jeffrey Naumann at Chipotle Mexican Grill at 2303 White Bear Avenue. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 2.Consideration of Penalties for Tobacco and Alcohol Compliance Failures (This item was heard after the Consent Agenda) 3.Comprehensive Land Use Plan Amendment for a Countryside VW/Saab Parcel, from LDR (Low Density Residential) to C (Commercial) (Majority Votes needed) a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the resolution approving a comprehensive land use plan amendment from LDR (low density residential) to C (commercial) for the 0.73 acre site south of the main parcel utilized for the Schmelz Countryside VW Saab auto dealership, located at 1180 Highway 36. Approval is based on the following reasons: 1.The Countryside VW/Saab parcel is already developed as a commercial lot and should be appropriately guided as such. 2.The parcels to the north and west of the Countryside VW/Saab are guided commercial, meaning that it would be consistent to guide this parcel commercial. LAND USE PLAN AMENDMENT RESOLUTION10-03-366 WHEREAS, John Schmelz of Schmelz Countryside VW/Saab has requested a change to the City of Maplewood’s land use plan from LDR(low density residential) to C(commercial) for consistency between the plan and actual use of the land. WHEREAS, this change applies to the property located south of Highway 36 and East of Highway 61. The legal description is: CLIFTON ADDITION, RAMSEY CO., MINN. EX N 30 FT; & EX S 174 FT; THE W 225 FT OF E 255 FT OF BLK 10 & ALSO THE W 105 FT OF E 135 FT OF N 30 FT OF BLK 10 WHEREAS, the history of this change is as follows: 1.On March 2, 2010, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners.The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approvalthe land use plan change. 2.On March 22, 2010, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. March 22, 2010 Packet Page Number 28 of 294 23 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above described change for the following reasons: 1.The Countryside VW/Saab parcel is already developed as a commercial lot and should be appropriately guided as such. 2.The parcels to the north and west of the Countryside VW/Saab are guided commercial, meaning that it would be consistent to guide this parcel commercial. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. The Maplewood City Council passedthis resolution on March 22, 2010. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 4.Gervais Woods Preliminary Plat,Final Plat and Lot Area Variances a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. c. City Attorney, Deputy Public Works Director, Michael Thompson answered questions of the council. i.Nathan Fair, Landmark Development of Minnesota addressed the council. ii.John Gores, 2870 Arcade Street, Maplewood addressed the council. Mayor Rossbach moved to approverecommendationsas shown in the staff report. The motion diedfor lack of a second. 1 g. Councilmember Nephew moved to approvethe staff recommendations with the change to that outlot c shall be combined with 2870 Arcade Street into a single tax parcel with the county assessor’soffice rather than being legally combined. The applicant shall also commit to a three-year maintenance plan with the city to ensure the establishment of the proposed seeding around the pond. The terms of this plan shall be subject to staff approval. In addition, the additional wetland bufferproposed by the applicant for “buffer averaging” purposes is not required. 1.Approve the preliminary and final plat for Landmark Development of Minnesota for the proposed eleven lot Gervais Woods single-family subdivision located south of Labore Road and East of Arcade Street. This subdivision is subject to the following conditions: a.Prior to approval of a grading permit, the applicant shall install city-approved wetland signs at the edge of the wetland buffer that specify that no building, mowing, cutting, grading, filling or dumping is allowed within the wetland buffer. These signs must be placed every 100 feet along the edge of the 75-foot wetland buffer or at every property line whichever is closer. b.Comply with the conditions of approvalin the engineering report by Steve Kummer, Maplewood Staff Engineer, February 24, 2010, and any revised comments and requirements based on the recently revised plans. March 22, 2010 Packet Page Number 29 of 294 24 City Council MeetingMinutes c. Approval of a final plat for Gervais Woods from the City of Little Canada. d.The Cities of LittleCanada and Maplewood shall enter into an agreement as to the provision of police, fire,code enforcement servicesand utilities. It is the recommendation of the Maplewood city council that Little Canada provide these services since the proposed four southerly homes would be addressed in Little Canada. e.The accessory building, swimming pool and any other “back yard” construction requirements of Little Canada shall apply to the Maplewood portions of the southerly four parcels. However, any construction in the City of Maplewood shall require that the builderobtain a building permit from the City of Maplewood if required by code. f.The proposed homes on the southerly four lots of this subdivision shall be constructed in the footprints shown on the applicant’splans. This would require that they be located in the City of Little Canada. g.Within 120 days of recording the final plat, Outlot C shall be legally combined with 2870 Arcade Street as one tax-identificationparcelwith the Ramsey County tax office. If it is not combined with 2870 Arcade Street as one tax-identification parcelby that time, the developer shall give Outlot C to the City of Maplewood, as he proposed to the planning commission. This shall be a stipulation of the development agreement. h. Within 120 days of recording the final plat, the developer shall deed Outlot D to Ramsey County. This shall be a stipulation of the development agreement. i.The developer shall provide five, six-foot-tall evergreen trees between the home on proposed Lot 5, Block 2 and the neighboring house at 2870 Arcade Street prior to the issuance of a grading permit. j.The developer shall pay $7,260 into the city’s tree fund prior to getting a grading permit. k. Staff may approve minor changes. Major revisions shall be referred to the city council. l.The applicant shall commit to a three-year maintenance plan with the city to ensure the establishment of the proposed seeding around the pond. The terms of this plan shall be subject to staff approval.In addition, the additional wetland buffer proposed by the applicant for “buffer averaging” purposes is not required. Seconded byCouncilmember Juenemann. Ayes – Councilmembers Juenemann, & Nephew Nay – Mayor Rossbach The motion passed. Councilmember Nephew approvedthe resolution approving lot area variances for Lot 2, Block 2 with 2,378 square feet in Maplewood and Lot 5, Block 2 with 7,758 square feet in Maplewood. Approval is based on the following findings: a.Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. This situation is unique because credit for lot area can’t be givenfor land outside of Maplewood. If the entire site was in Maplewood, the question of lot area would not be an issue. March 22, 2010 Packet Page Number 30 of 294 25 City Council MeetingMinutes b.The variance would be in keeping with the spirit and intent of the ordinance since the proposed southerly lots would have more lot area than is required by both the Cities of Little Canada and Maplewood. VARIANCE RESOLUTION10-03-367 WHEREAS, Landmark Development of Minnesota applied for variancesfrom the zoning ordinance. WHEREAS, this variancesapply to two proposed single-dwelling lots in the Gervais Woods single-family development subdivision. The legal descriptions are: LOT 2, BLOCK 2,AND LOT 5, BLOCK 2 GERVAIS WOODS WHEREAS, Section 44-106 of the zoning ordinance requires a minimum of 10,000 square feet for single-dwellingresidential lots. WHEREAS, the back yards of these two proposed lots would have less than the required 10,000 square feet of lot area for single-dwelling residential properties in the City of Maplewood. WHEREAS, the history of thesevariances areas follows: 1.On February 16, 2010, the planning commission held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission recommended that the city council approve thesevariances. 2.The City Council held a public meeting on March 22, 2010. The council considered reports and recommendations from the city staff and planning commission. The city council passedthesevariance requests. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variancesfor the following reasons: 1.Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. This situation is unique because credit for lot area can’t be given for land outside of Maplewood. If the entire site was in Maplewood, the question of lot area would not be an issue. 2.The variance would be in keeping with the spirit and intent of the ordinance since the proposed southerly lots would have more lot area than is required by both the Cities of Little Canada and Maplewood. Adopted on March 22, 2010. Seconded byCouncilmember Juenemann. Ayes – Councilmembers Juenemann, & Nephew Nay – Mayor Rossbach The motion passed. March 22, 2010 Packet Page Number 31 of 294 26 City Council MeetingMinutes 5.Gladstone Area Improvements – City Project 04-21– Consider Authorizing Design Services for Replacement of Phalen Creek Bridge on Frost Avenue a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Mayor Rossbach asked if anyone wanted to address the council, the following individual spoke: i.Diana Longrie, 1771 Burr Street, Maplewoodaddressed the council. Councilmember Nephewmoved to authorize the Public Works Director to enter into an agreement for engineering services with Kimley-Horn and Associates, Inc. in the amount of $140,000 for environmental documentation and preliminary bridge plans for the Phalen Creek Bridge on Frost Avenue as part of the Gladstone Area Improvements, City Project 04-231, and further authorize the Public Works Director to proceed to apply for State bridge Bond funding for the replacement of the Phalen Creek Bridge upon completion of said plans. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 6.Hills and Dales Area Street Improvements, Project 09-15 a.Resolution Approving Plans and Specifications and Authorizing Advertising for Bids b.Resolution Ordering Preparation of Assessment Roll i.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Councilmember Nephewmoved to approve the resolutions for the Hills and Sales Area Street Improvements, City Project 09-15: Approving plans and authorizing advertisement for bids and ordering the preparation of the assessment roll. RESOLUTION10-03-368 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passedby the city council on January 11, 2010 plans and specifications for the Hills and Dales Area Street Improvements, City Project 09-15, 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, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2.The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletinan 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 4th day of May, 2010, 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. March 22, 2010 Packet Page Number 32 of 294 27 City Council MeetingMinutes 3.The city clerk and cityengineer 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 May10, 2010. RESOLUTION10-03-369 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Hills and Dales Area Street Improvements, City Project 09-15, NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 7.White Bear Avenue/County Road D Improvements, Project 08-13 a.Resolution Approving Plans and Specifications and Authorizing Advertising for Bids b.Resolution Ordering Preparation of Assessment Roll i.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Councilmember Juenemannmoved toapprovethe resolutions for the White Bear Avenue/County Road D Improvements, Project 08-13: Resolutions approving Plans and Specifications and authorizing Advertising for Bids, and Ordering Preparation of Assessment Roll. RESOLUTION10-03-370 APPROVING PLANS AND SPECS AUTHORIZING ADVERTISING FOR BIDS th WHEREAS, pursuant to resolution passed by the City Council on November 24, 2008, plans and specifications for the White Bear Avenue / County Road D Improvements, City Project 08-13, 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, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file inthe office of the City Engineer. 2.Ramsey County shall prepare and cause to be inserted in the official paper and in the Construction Bulletinan advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least thirty-one days before the date set for bid opening, shall specify the work to be done, and shall state that bids will be March 22, 2010 Packet Page Number 33 of 294 28 City Council MeetingMinutes publicly opened and that no bids shall be considered unless sealed and filed with the County and accompanied by a certified check or bid bond payable to the County for 5% of the amount of such bid. 4.Ramsey County is hereby authorized and instructed to receive, open, and read aloud bids received, and to tabulate the bids received. The Council will consider the bids, and concur with Ramsey County on the award of a contract at a regularCity Council meetingin May of 2010. nd Adopted by the Council this 22day of March 2010. RESOLUTION10-03-371 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, Ramsey County on behalf of the city clerk and city engineer will receive bids for the White Bear Avenue / County Road D Improvements, City Project 08-13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. nd Ordered by the Council this 22day of March 2010. Seconded by CouncilmemberNephew. Ayes – All The motion passed. K.VISITOR PRESENTATIONS 1.Elizabeth Sletten, Maplewood. Ms. Sletten commended city staff for having a department head attend the monthly Citizen Forum to discuss their departments and answer what questions that the attendees may have. 2.John Wykoff, Maplewood. Mr. Wykoff made comments about an article in the paper about Mayor Rossbachand ahunting violation. 3.Diana Longrie, 1771 Burr Street, Maplewood.Ms. Longrie commented that she received her propertytax statement and stated thatproperty values in Maplewoodhave gone down. Ms. Longriealso presented information to the council for the public record regarding agendaitem M1. that would be heard duringAdministrative Presentationsaboutlitigation with Wipers Recyclingin Maplewood. At 11:25 p.m. Councilmember Juenemann moved to complete the remainder of the council meeting except for agenda items: N1, N2, N3 and M2 which were tabled. Seconded by Mayor Rossbach. Ayes - All March 22, 2010 Packet Page Number 34 of 294 29 City Council MeetingMinutes L.AWARD OF BIDS 1.Stillwater Road/TH 5 Improvements, Project 09-04, Resolution Receiving Bids and Awarding Construction Contract a.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Mayor Rossbachmoved to approve the resolution for receiving bids and awarding a construction contract for the Stillwater Road/TH 5 improvements, City Project 09-04. RESOLUTION10-03-372 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons, Inc., in the amount of $1,331,999.99 is the lowest responsible bid for the construction of the Stillwater Road/TH 5 Improvement – City Project 09-04 [S.P.6230-28 (T.H. 5=045), S.P.138-010-17], and the mayor and city manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. nd Adopted by the council on this 22day of March, 2010. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. M.ADMINISTRATIVE PRESENTATIONS 1.City Attorney Report a.City Attorney, Alan Kantrud gave a brief statementon the report. 2.Approval of Resolution Adopting the 2010 City Council Goals (Tabled until the next council meeting so that the entire council can be present) 3.Update on 2010 Taste of Maplewood – Change of Location(No Report) a.City Clerk, Citizen Services Director,Karen Guilfoile gave anupdate regarding the change th of location for the 2010 Taste of Maplewood on August 6and 7th, 2010, which will be held atGoodrich Parkon North St. Paul Road. N.COUNCIL PRESENTATIONS N1.Citizens Forum (tabled) N2.Lawn Care (tabled) N3.Extreme Green Makeover (tabled) N4.NSP Resolution Request – Mayor Rossbach discussed turning information over to city staff from Transit Link which has replaced N.E.S.T. thatis no longer the curb –to-curb service provider for Maplewood riders. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 11:31p.m. March 22, 2010 Packet Page Number 35 of 294 30 City Council MeetingMinutes Agenda Item E3 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday,April 5, 2010 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 5:06 p.m.by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present C.APPROVAL OF AGENDA CouncilmemberWasilukmoved to approve the agenda as submitted. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. D.UNFINISHED BUSINESS None. E.NEW BUSINESS Presentation and Discussion With Ramsey Washington Metro Watershed 1. District About Cooperative Watershed Management Projects a.Administrator with Ramsey Washington Metro Watershed District, Cliff Aichinger gave the presentation and answered questions of the council. b.Board of Managers, Paul Ellefson, Ramsey Washington Metro Watershed District addressed the council. c. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. d.Community Development and Parks Director, DuWayne Konewko answered questions of the council. 2.Discussion of Parameters for Preparation of 2011City Budget a.Assistant City Manager, Public Works Director, Chuck Ahl gave the presentation and answered questions of the council. b.City Manager, James Antonen answered questions of the council. F. ADJOURNMENT Mayor Rossbachadjourned the meeting at 7:00p.m. April 5, 2010 1 City Council Manager Workshop Minutes Packet Page Number 36 of 294 G-1 AGENDA REPORT TO: FROM: RE: DATE: Packet Page Number 37 of 294 P:\APPROVAL OF CLAIMS\2010\AprClms 3-19-10 and 3-26-10 and 4-02-10.xlt Check Register City of Maplewood 03/19/2010 CheckDateVendorDescriptionAmount 8083703/18/201004052NATIONAL REGISTRAY OF EMT'SRECERFIFICATION FEE - 11 PARAMEDICS165.00 8083803/16/201004052NATIONAL REGISTRAY OF EMT'SRECERTIFICATION FEE - 6 EMTS90.00 8083903/23/201000499DANIEL F. FAUSTASSISTANCE WITH CIP PREPARATION850.00 8084003/23/201000585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - FEB174.00 8084103/23/201002728KIMLEY-HORN & ASSOCIATES INCENGINEERING PROJ4,153.89 8084203/23/201001337RAMSEY COUNTY-PROP REC & REV911 DISPATCH SERVICES - FEB20,868.34 8084303/23/201001337RAMSEY COUNTY-PROP REC & REVRECORDING FEES92.00 03/23/201001337RAMSEY COUNTY-PROP REC & REVRECORDING FEES46.00 8084403/23/201001360REINHART FOODSERVICEMDSE FOR RESALE281.61 8084503/23/201001190XCEL ENERGYELECTRIC & GAS UTILITY17,861.85 03/23/201001190XCEL ENERGYELECTRIC & GAS UTILITY7,686.03 03/23/201001190XCEL ENERGYELECTRIC & GAS UTILITY3,326.48 03/23/201001190XCEL ENERGYELECTRIC & GAS UTILITY454.00 03/23/201001190XCEL ENERGYFIRE SIRENS50.12 8084603/23/201001798YOCUM OIL CO.CONTRACTED GASOLINE - MARCH14,059.20 8084703/23/201000064MARK ALDRIDGEREIMB FOR MEAL 3/87.15 8084803/23/201000089AMERICAN PUBLIC WORKS ASSNMEMBERSHIP FEE - CHAPTER DUES870.00 8084903/23/201000130ASIAN AMERICAN PRESSEMPLOYMENT AD170.10 8085003/23/201000159PAUL BARTZREIMB FOR DAMAGED EQUIP 3/846.61 8085103/23/201003738BETHEL & ASSOCIATES, PARETAINER FOR LEGAL SRVS - APRIL6,375.00 8085203/23/201004249SARAH BURLINGAMEREIMB FOR MILEAGE 11/23 - 2/825.46 8085303/23/201000241CSI SOFTWAREKEYCARDS1,145.00 03/23/201000241CSI SOFTWAREKEYCARDS300.00 8085403/23/201002743RICHARD DOBLARREIMB FOR SHOES 3/1469.98 8085503/23/201004371ELECTRO WATCHMAN INC.STATION 1 FIRE SYS INSTALL1,063.41 03/23/201004371ELECTRO WATCHMAN INC.STATION 1 FIRE SYS INSTALL488.59 8085603/23/201000471VIRGINIA ERICKSONREIMB FOR SHOES/PARKING 3/10-3/16274.90 8085703/23/201000003ESCROW REFUNDESCROW REL N PENGRA 2185 ARCADE300.00 8085803/23/201003580LARRY FARRREIMB FOR UNIFORM 2/1362.98 8085903/23/201004440PAT FLEMINGCASH FORFEITURE CASE #0600037918.00 8086003/23/201000543GE CAPITALMCC RICOH COPIER LEASE - MARCH352.69 8086103/23/201004438JOSEPH HALEREIMB FOR MILEAGE & MEALS 3/5 - 3/7126.66 8086203/23/201004349HALVORSON CONCRETE, INC.PROJ 08-12 DRIVEWAY WORK923.53 8086303/23/201002945HEALTHEAST VEHICLE SERVICESCOMPUTER POWER CORD46.34 8086403/23/201000615HLB TAUTGES REDPATH, LTDASSIST WITH BANK RECONCILIATIONS2,139.00 8086503/23/201003597MARY JO HOFMEISTERREIMB FOR MILEAGE 2/10 - 2/2513.25 8086603/23/201004306INSTANT WHIP-MINNEAPOLIS, INC.MDSE FOR RESALE233.24 8086703/23/201000932MAPLEWOOD BAKERYMDSE FOR RESALE/BANQUET ROOM325.87 8086803/23/201001175CITY OF NORTH ST PAULMONTHLY UTILITIES3,246.48 8086903/23/201004439JAMES OLSONREIMB FOR MILEAGE 3/5 - 3/7117.50 8087003/23/201000001ONE TIME VENDORREIMB WOODLAND HILLS CHRUCH IRRIGAT4,895.00 8087103/23/201000001ONE TIME VENDORREFUND A DAILEY SOFTBALL DEPOSIT285.00 8087203/23/201000001ONE TIME VENDORREFUND S GRAMSE HP BENEFIT120.00 8087303/23/201000001ONE TIME VENDORREFUND C HANES RATE DIFF64.27 8087403/23/201000001ONE TIME VENDORREFUND K RYAN MIC AUDITION20.00 8087503/23/201004272PARAGON SOLUTIONS GROUP, INC.OUTSIDE CAMERA SYS6,830.24 03/23/201004272PARAGON SOLUTIONS GROUP, INC.OUTSIDE CAMERA SYS1,526.76 8087603/23/201001254PEPSI-COLA COMPANYMDSE FOR RESALE456.25 8087703/23/201000264TERRIE RAMEAUXREIMB RECORDING FEE-NOTARY COMM100.00 8087803/23/201001345RAMSEY COUNTYCASH FORFEITURE CASE #0600037936.00 8087903/23/201001341RAMSEY CTY FIRE CHIEFS ASSNMEMBERSHIP DUES60.00 8088003/23/201004221RANDY'S MEATS & GOOD STUFFMDSE FOR RESALE88.24 8088103/23/201004436CYNTHIA JEAN SORINI REISTADZUMBA INSTRUCTOR - FEB406.10 8088203/23/201004435MARIA PALOMA GARCIA ROMERODOCUMENT TRANSLATED IN SPANISH142.66 8088303/23/201002001CITY OF ROSEVILLEMONTHLY JOINT POWER SRVS - MARCH625.00 8088403/23/201003057RYAN COMPANIES US INCESCROW RELEASE 2416 GERVAIS3,973.42 03/23/201003057RYAN COMPANIES US INCESCROW RELEASE 3000 MAPLEWOOD DR1,015.70 Packet Page Number 38 of 294 8088503/23/201001409S.E.H.HILLS & DALES ENGINEERING FEES7,663.71 03/23/201001409S.E.H.PROJ 07-19 36/ENGLISH ENGINEERING FEE5,646.49 03/23/201001409S.E.H.ENGINEERING FEES188.82 8088603/23/201004043SCHWAN FOOD COMDSE FOR RESALE41.96 03/23/201004043SCHWAN FOOD COMDSE FOR RESALE41.96 8088703/23/201001463SISTER ROSALIND GEFREMCC MASSAGES - FEB1,798.00 8088803/23/201001836CITY OF ST PAULPROJ 08-10 CARSGROVE WATERMAIN WOR6,685.17 03/23/201001836CITY OF ST PAULPROJ 09-13 HOLLOWAY WATERMAIN WORK640.00 8088903/23/201003598PAUL THEISENREIMB FOR TUITION & BOOKS 1/11-2/261,238.28 8089003/23/201001669TWIN CITIES TRANSPORT &FORFEITED VEHICLE TOWING - FEB299.24 8089103/23/201002464US BANKPAYING AGENT FEES431.25 8089203/23/201001750THE WATSON CO INCMDSE FOR RESALE169.24 8089303/23/201004402WEST GOVERNMENT SERVICESCLEAR CHARGES - FEB254.10 8089403/23/201001876WHAT WORKS INCFACILITATOR FOR RETREAT5,437.50 03/23/201001876WHAT WORKS INCCITY MANAGER EVALUATION3,217.50 8089503/23/201001789CITY OF WOODBURYSEWER MAINT BILL DISTRICT 51W247.07 143,545.19 Checks in this report. 59 Packet Page Number 39 of 294 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 03/12/1003/15/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)12,894.43 03/12/1003/15/10ARC AdministrationDCRP & Flex plan payments3,776.94 03/12/1003/15/10MN Dept of Natural ResourcesDNR electronic licenses1,067.50 03/15/1003/16/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)3,553.25 03/15/1003/16/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)15,060.50 03/15/1003/16/10Vanco ServicesInvoice / Return - MCC91.40 03/16/1003/17/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)15,513.25 03/17/1003/18/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,387.20 03/17/1003/18/10US Bank VISA One Card*Purchasing Card Items64,389.46 03/18/1003/19/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,972.62 TOTAL144,706.55 *Detailed listing of VISA purchases is attached. Packet Page Number 40 of 294 Packet Page Number 41 of 294 Packet Page Number 42 of 294 Packet Page Number 43 of 294 Packet Page Number 44 of 294 Packet Page Number 45 of 294 Packet Page Number 46 of 294 495,696.90 Packet Page Number 47 of 294 Trans DatePosting DateMerchant NameTrans AmountName 02/25/201003/01/2010JOANN ETC #1970$168.64 MANDY ANZALDI 02/25/201003/01/2010KMART 3034$59.91 MANDY ANZALDI 03/02/201003/03/2010CUB FOODS, INC.$10.04 MANDY ANZALDI 03/03/201003/04/2010TARGET 00012443$8.56 MANDY ANZALDI 03/06/201003/08/2010CUB FOODS, INC.$48.63 MANDY ANZALDI 03/07/201003/08/2010WAL-MART$36.34 MANDY ANZALDI 03/04/201003/05/2010TARGET 00011858$67.81 LONN BAKKE 03/09/201003/10/2010TEES PLUS$46.50 LONN BAKKE 02/26/201003/01/2010STATE SUPPLY COMPANY$473.37 JIM BEHAN 02/26/201003/01/2010THE HOME DEPOT 2801$92.41 JIM BEHAN 02/27/201003/02/2010THE TRANE COMPANY$240.69 JIM BEHAN 03/01/201003/02/2010DEY APPLIANCE A$343.87 JIM BEHAN 03/01/201003/03/2010BLOOMINGTON SECURIT$193.40 JIM BEHAN 03/02/201003/03/2010HENRIKSEN ACE HARDWARE$28.10 JIM BEHAN 03/02/201003/03/2010DEY APPLIANCE A$177.83 JIM BEHAN 03/02/201003/04/2010DEPARTMENT OF LABOR AND I$45.00 JIM BEHAN 03/04/201003/05/2010THE UPS STORE #2171$19.39 JIM BEHAN 03/04/201003/05/2010AQUA LOGICS INC$1,458.31 JIM BEHAN 03/08/201003/09/2010NUCO2 01 OF 01$44.21 JIM BEHAN 03/08/201003/09/2010NUCO2 01 OF 01$43.13 JIM BEHAN 03/08/201003/09/2010NUCO2 01 OF 01$36.71 JIM BEHAN 03/08/201003/09/2010NUCO2 01 OF 01$65.73 JIM BEHAN 03/08/201003/10/2010A.P.I. 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CCE$165.00 VIRGINIA GAYNOR 02/26/201003/01/2010THE HOME DEPOT 2801$19.53 CLARENCE GERVAIS 03/07/201003/09/2010MANKATO CITY CENTER HOTEL$245.04 CLARENCE GERVAIS 03/07/201003/09/2010MANKATO CITY CENTER HOTEL$245.04 CLARENCE GERVAIS 03/07/201003/09/2010MANKATO CITY CENTER HOTEL$245.04 CLARENCE GERVAIS 03/07/201003/09/2010MANKATO CITY CENTER HOTEL$245.04 CLARENCE GERVAIS 02/25/201003/01/2010OFFICE DEPOT #1090$13.22 JEAN GLASS 03/05/201003/08/2010OFFICE MAX$17.13 JANET M GREW HAYMAN 03/08/201003/09/2010AGR*GARDENER SUPPLY CO$180.38 JANET M GREW HAYMAN 03/08/201003/10/2010THE HOME DEPOT 2810$3.19 JANET M GREW HAYMAN 03/10/201003/11/2010GREEN EARTH OFFICE SUPPLY$187.03 JANET M GREW HAYMAN 03/04/201003/05/2010MAPLEWOOD PARKS AND RECRE$42.00 KAREN E GUILFOILE 03/05/201003/08/2010TARGET 00011858$25.05 KAREN E GUILFOILE Packet Page Number 49 of 294 03/06/201003/08/2010VERIZON WRLS M3104-01$18.20 KAREN E GUILFOILE 03/09/201003/10/2010TARGET 00011858$10.07 PATRICK HEFFERNAN 03/09/201003/10/2010MENARDS 3059$18.45 DAVID JAHN 03/11/201003/12/2010HENRIKSEN ACE HARDWARE$22.46 DAVID JAHN 03/01/201003/02/2010BEST BUY MHT 00000158$218.46 BERNARD R JUNGMANN 03/02/201003/03/2010DELTA AIR 0062322646567$371.40 BERNARD R JUNGMANN 03/02/201003/03/2010DELTA AIR 0062322646568$371.40 BERNARD R JUNGMANN 03/03/201003/04/2010INTL TRAUMA LIFE SUPP$123.00 BERNARD R JUNGMANN 03/04/201003/04/2010AMAZON.COM$119.04 BERNARD R JUNGMANN 03/04/201003/05/2010BOUND TREE MEDICAL LLC$1,020.45 BERNARD R JUNGMANN 03/05/201003/08/2010PHILIPS MEDICAL SYSTEMS$342.65 BERNARD R JUNGMANN 03/11/201003/12/2010BOUND TREE MEDICAL LLC$66.96 BERNARD R JUNGMANN 03/05/201003/08/2010OFFICE MAX$53.54 FLINT KARIS 03/01/201003/02/2010MSP COMMUNICATIONS$24.95 DUWAYNE KONEWKO 03/02/201003/03/2010APA MEMBERSHIPS AND SUBS$415.00 DUWAYNE KONEWKO 03/09/201003/10/2010HENRIKSEN ACE HARDWARE$6.40 NICHOLAS KREKELER 03/02/201003/04/2010OFFICE DEPOT #1090$74.57 LISA KROLL 03/05/201003/08/2010ADVANCED GRAPHIC 00 OF 00$138.00 LISA KROLL 03/05/201003/08/2010ADVANCED GRAPHIC 00 OF 00$9.49 LISA KROLL 03/10/201003/11/2010ARVEY PAPER & OFFICE PRO$1,315.22 LISA KROLL 02/27/201003/01/2010COMCAST CABLE COMM$719.40 DAVID KVAM 03/01/201003/02/2010HEALTHEAST TRANSPORTATN$4,886.68 DAVID KVAM 03/02/201003/03/2010THE GRAFIX SHOPPE$48.09 DAVID KVAM 03/02/201003/04/2010UNIFORMS UNLIMITED$2,237.52 DAVID KVAM 03/03/201003/05/2010HENNEPIN CTY MED CENTER$384.00 DAVID KVAM 03/05/201003/08/2010SHRED-IT$51.45 DAVID KVAM 03/08/201003/10/2010CLASSIC COLLISION CENT$175.00 DAVID KVAM 02/25/201003/01/2010XGRAIN HERO247 8004804821$215.00 STEVE LUKIN 02/26/201003/01/2010J'S CANVAS WORLD$190.93 STEVE LUKIN 02/27/201003/01/2010AIRGAS NORTH CENTRAL$6.72 STEVE LUKIN 03/02/201003/03/2010METRO FIRE$669.94 STEVE LUKIN 03/02/201003/03/2010EMERGENCY APPARATUS MAINT$623.69 STEVE LUKIN 03/03/201003/04/2010MENARDS 3059$11.73 STEVE LUKIN 03/04/201003/05/2010METRO FIRE$942.86 STEVE LUKIN 03/05/201003/08/2010WM EZPAY$156.94 STEVE LUKIN 03/08/201003/10/2010ASPEN MILLS INC.$167.75 STEVE LUKIN 03/08/201003/10/2010ASPEN MILLS INC.$109.95 STEVE LUKIN 03/08/201003/10/2010ASPEN MILLS INC.$36.45 STEVE LUKIN 03/08/201003/10/2010ASPEN MILLS INC.$18.59 STEVE LUKIN 03/08/201003/10/2010THE HOME DEPOT 2801$22.40 STEVE LUKIN 03/10/201003/11/2010EMERGENCY APPARATUS MAINT$1,011.55 STEVE LUKIN 03/10/201003/11/2010EMERGENCY APPARATUS MAINT$915.12 STEVE LUKIN 03/02/201003/03/2010G & K SERVICES 006$404.53 MARK MARUSKA 03/02/201003/03/2010FSH COMMUNICATION01 OF 01$63.90 ROBERT MITTET 03/04/201003/05/2010HIGHWAY TECHNOLOGIES #229$199.75 BRYAN NAGEL 02/26/201003/01/2010PAKOR INC$468.71 SHELLY NEPHEW 03/02/201003/03/2010G & K SERVICES 006$894.43 AMY NIVEN 03/02/201003/03/2010G & K SERVICES 006$260.40 AMY NIVEN 03/02/201003/03/2010G & K SERVICES 006$222.71 AMY NIVEN 03/10/201003/12/2010OFFICE DEPOT #1090$372.08 MARY KAY PALANK 03/01/201003/02/2010GE CAPITAL$333.16 WILLIAM J PRIEFER 02/25/201003/01/2010KATH AUTO PARTS NSP$190.60 STEVEN PRIEM Packet Page Number 50 of 294 02/25/201003/01/2010TOUSLEY FORD I27228006$76.79 STEVEN PRIEM 02/25/201003/01/2010TOUSLEY FORD I27228006$28.56 STEVEN PRIEM 02/26/201003/01/2010TRUCK UTILITIES$44.27 STEVEN PRIEM 03/01/201003/03/2010KATH AUTO PARTS NSP$10.32 STEVEN PRIEM 03/01/201003/03/2010FACTORY MOTOR PARTS #19$112.23 STEVEN PRIEM 03/01/201003/03/2010WALSER BUICK PONTIAC GMC$19.88 STEVEN PRIEM 03/02/201003/04/2010KATH AUTO PARTS NSP$30.67 STEVEN PRIEM 03/02/201003/04/2010HYDRAULIC SPECIALTY COMPA$215.43 STEVEN PRIEM 03/02/201003/04/2010H AND L MESABI COMPANY$668.10 STEVEN PRIEM 03/04/201003/08/2010KATH AUTO PARTS NSP$108.54 STEVEN PRIEM 03/08/201003/10/2010KATH AUTO PARTS NSP$48.20 STEVEN PRIEM 03/08/201003/10/2010TRI-STATE BOBCAT INC.$410.29 STEVEN PRIEM 03/09/201003/10/2010GOPHER BEARING CO,$27.21 STEVEN PRIEM 03/10/201003/12/2010KATH AUTO PARTS NSP$112.01 STEVEN PRIEM 02/26/201003/01/2010MN OCCUPATIONAL HEALTH$1,008.00 TERRIE RAMEAUX 03/03/201003/04/2010NOVACARE REHB/HEALT$200.00 TERRIE RAMEAUX 03/08/201003/10/2010TERRYBERRY COMPANY$59.25 TERRIE RAMEAUX 03/05/201003/08/2010HILLYARD INC MINNEAPOLIS$907.80 MICHAEL REILLY 03/11/201003/12/2010HILLYARD INC MINNEAPOLIS$1,106.22 MICHAEL REILLY 02/27/201003/01/2010CVS PHARMACY #1751 Q03$9.09 AUDRA ROBBINS 03/03/201003/04/2010MN RECREATION AND PARK A$1,445.00 AUDRA ROBBINS 03/11/201003/12/2010AGM MATS$1,925.77 AUDRA ROBBINS 03/10/201003/12/2010PIPELINE SUPPLY INC$70.00 ROBERT RUNNING 03/10/201003/12/2010THE HOME DEPOT 2801$22.62 ROBERT RUNNING 03/05/201003/08/2010T-MOBILE.COM*PAYMENT$32.73 DEB SCHMIDT 03/04/201003/05/2010HIGHWAY TECHNOLOGIES #229$119.85 SCOTT SCHULTZ 03/10/201003/12/2010OFFICE MAX$56.08 SCOTT SCHULTZ 02/26/201003/01/2010TECHSMITH CORPORATION$299.00 MICHAEL SHORTREED 02/26/201003/01/2010CPS INC-DARECATALOUGE.COM$719.95 MICHAEL SHORTREED 03/01/201003/03/2010OFFICE DEPOT #1090$66.96 ANDREA SINDT 03/06/201003/08/2010ACT*SPECIAL OPERATIONS$140.00 JOANNE M SVENDSEN 03/11/201003/11/2010ACT*ASSOCIATION OF TRA$100.00 JOANNE M SVENDSEN 03/11/201003/11/2010ACT*SPECIAL OPERATIONS$140.00 JOANNE M SVENDSEN 03/04/201003/08/2010MINNESOTA YOUTH ATHLETIC$200.00 JAMES TAYLOR 02/25/201003/01/2010OFFICE MAX$25.70 KAREN WACHAL 02/26/201003/01/2010S & T OFFICE PRODUCTS$165.72 KAREN WACHAL 02/26/201003/01/2010S & T OFFICE PRODUCTS$22.38 KAREN WACHAL 03/04/201003/05/2010S & T OFFICE PRODUCTS$1.49 KAREN WACHAL 03/05/201003/08/2010S & T OFFICE PRODUCTS($5.54)KAREN WACHAL 03/05/201003/08/2010S & T OFFICE PRODUCTS($1.49)KAREN WACHAL 02/26/201003/01/2010QUILL CORPORATION($6.43)SUSAN ZWIEG 02/26/201003/02/2010QUILL CORPORATION$43.25 SUSAN ZWIEG 02/26/201003/02/2010QUILL CORPORATION$8.46 SUSAN ZWIEG 02/26/201003/02/2010QUILL CORPORATION$22.49 SUSAN ZWIEG 03/03/201003/05/2010WAL-MART$28.83 SUSAN ZWIEG 03/03/201003/05/2010QUILL CORPORATION$59.98 SUSAN ZWIEG TOTAL$64,389.46 Packet Page Number 51 of 294 Check Register City of Maplewood 03/26/2010 CheckDateVendorDescriptionAmount 8089603/19/201000363DLT SOLUTIONS, INC.AUTODESK SUBSCRIPTION6,887.76 8089703/22/201000309COMMISSIONER OF TRANSPORTATIONTEST-OUT MN-DOT CERTIFICATION150.00 8089803/22/201002464US BANKFUNDS FOR ATMS8,000.00 8089903/22/201004437MICHAEL R POLITO JRPLAN RACKS WITH BINDERS538.00 8090003/23/201003603ST PAUL DIV OF PARKS & RECDEPOSIT STAGE TASTE OF MAPLEWOOD1,000.00 8090103/26/201002400PERKINS INC2010 GMC SIERRA 1500 TK1090319,493.40 8090203/29/201002400PERKINS INC2010 GMC SIERRA 1500 TK1090334,751.34 8090303/30/201000131ASPEN EQUIPMENT COBUCKET TRUCK RENTAL3,847.50 03/30/201000131ASPEN EQUIPMENT COBUCKET TRUCK RENTAL-1,282.50 8090403/30/201003576EUREKA RECYCLINGRECYCLING CHARGES - MARCH28,823.25 8090503/30/201004206H.A. KANTRUDPROSECUTION & LEGAL SRVS - APRIL15,700.00 8090603/30/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 04-21 PROF SRVS THRU 2/2817,545.65 03/30/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 09-07 PROF SRVS THRU 2/282,043.15 03/30/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 09-15 PROF SRVS TRHU 2/28641.30 03/30/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 06-16 PROF SRVS THRU 2/28466.40 8090703/30/201004227JAMES ANTONENREIMB FOR MEALS/TAXI/SUBWAY TICKETS342.00 8090803/30/201001936CHAD BERGOREIMB FOR INTERNET - MARCH63.31 8090903/30/201000298CITY ENGINEERS ASSOC OF MNANNUAL DUES60.00 8091003/30/201000644HEALTHPARTNERSMONTHLY PREMIUM - APRIL10,207.56 8091103/30/201004441INTERNATIONAL FRIENDSHIPTICKET REVENUE 3/19 CONCERT1,360.80 8091203/30/201004152ISD 622 COMMUNITY EDUCATIONBASKETBALL GYM USE1,732.00 03/30/201004152ISD 622 COMMUNITY EDUCATIONYOUTH BASKETBALL GYM USE621.25 8091303/30/201003818MEDICAMONTHLY PREMIUM - APRIL160,635.47 8091403/30/201000983METRO SALES INCLEASE PMT 3/15 - 4/151,403.27 8091503/30/201000985METROPOLITAN COUNCILWASTEWATER - APRIL214,216.69 8091603/30/201000986METROPOLITAN COUNCILMONTHLY SAC - FEB49,896.00 8091703/30/201002617ALESIA METRYREIMB FOR DARE SUPPLIES32.07 8091803/30/201004316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEMS - FEB489.00 8091903/30/201003886MINNESOTA SECRETARY OF STATERENEW NOTARY120.00 8092003/30/201001160NEWMAN SIGNSALUMINUM SIGN BLANKS577.11 8092103/30/201000001ONE TIME VENDORREFUND D HUGHES FALSE ALARM F34691100.00 8092203/30/201000001ONE TIME VENDORREFUND L PAYNE MEMBERSHIP64.28 8092303/30/201000001ONE TIME VENDORREFUND E SMITH AMB 07152550.00 8092403/30/201000001ONE TIME VENDORREFUND K ARITT MIC AUDITION20.00 8092503/30/201000001ONE TIME VENDORREFUND S WARD MIC AUDITION20.00 8092603/30/201001941PATRICK TROPHIESBASKETBALL AWARDS1,573.47 03/30/201001941PATRICK TROPHIESBASKETBALL AWARDS172.77 8092703/30/201004442ANDREA PLACEREIMB FOR TUITION 1/11 - 3/9438.75 03/30/201004442ANDREA PLACEREIMB FOR MEALS 3/19 - 3/2145.18 8092803/30/201003884POLAR BEAR ORDNANCE, INC.HEARING PROTECTION-RANGE OFFICERS1,540.00 8092903/30/201004053PROFESSIONAL DRAIN SRVS, INC.PROJ 09-15 SEWER TELEVISING185.00 8093003/30/201002008RAMSEY COUNTY PUBLIC WORKSBRIDGE INSPECTION380.00 8093103/30/201004219DAVID ROBYGUITAR INSTRUCTOR/DODGEBALL REFERE539.20 8093203/30/201003344WILL ROSSBACHREIMB FOR MEALS/SUBWAY TICKETS178.00 8093303/30/201001387DR. JAMES ROSSINIADMIN FEE FOR STRESS TEST - MARCH100.00 8093403/30/201001391ROTO-ROOTER SERVICES COMPANYPROJ 09-15 SEWER TELEVISING8,762.13 8093503/30/201001409S.E.H.PROJ 04-21 ENGINEERING FEES5,476.51 03/30/201001409S.E.H.PROJ 07-19 ENGINEERING FEES753.36 8093603/30/201002930DEB SCHMIDTREIMB FOR MEALS/PARKING/MILEAGE138.30 8093703/30/201004133JEFF SEDLACEKREIMB FOR MEALS 3/2030.90 8093803/30/201002274SPRINTSPRINT SRVS 2/15 - 3/146,368.62 8093903/30/201001836CITY OF ST PAULRADIO SHOP SERVICES - FEB469.12 03/30/201001836CITY OF ST PAULCRIME LAB SERVICES - FEB185.00 607,952.37 Checks in this report. 44 Packet Page Number 52 of 294 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 03/19/1003/22/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,143.45 03/19/1003/22/10INGState Plan24,202.15 03/19/1003/22/10ICMA (Vantagepointe)Deferred Compensation3,244.65 03/19/1003/22/10MN Dept of RevenueSales Tax9,132.00 03/19/1003/22/10MN Dept of Natural ResourcesDNR electronic licenses1,241.00 03/22/1003/23/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,480.25 03/22/1003/23/10PERAPERA83,930.94 03/22/1003/23/10US TreasurerFederal Payroll Tax (FICA)94,877.94 03/23/1003/24/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)5,328.81 03/23/1003/24/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)20,695.55 03/23/1003/24/10MN State TreasurerState Payroll Tax20,116.65 03/23/1003/24/10Labor UnionsUnion Dues3,808.64 03/23/1003/24/10AUL AdministrationHRA Flex plan1,215.40 03/24/1003/25/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)20,433.14 03/25/1003/26/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)14,846.06 TOTAL331,696.63 *Detailed listing of VISA purchases is attached. Packet Page Number 53 of 294 Check Register City of Maplewood 04/02/2010 CheckDateVendorDescriptionAmount 8094003/26/201004052NATIONAL REGISTRAY OF EMT'SADD'L RECERTIFICATION FEE - 1155.00 8094101111TWO MOBILE RADIOS TO BE REIMB RAMSE 4,811.67 03/29/2010MOTOROLA, INC 8094202464FUNDS FOR ATM'S8,000.00 03/31/2010US BANK 8094300499ASSISTANCE WITH CIP PREPARATION1,168.75 04/06/2010DANIEL F. FAUST 8094401190ELECTRIC & GAS UTILITY16,883.66 04/06/2010XCEL ENERGY 04/06/201001190XCEL ENERGYELECTRIC UTILITY13,669.19 04/06/201001190XCEL ENERGYELECTRIC UTILITY1,108.16 04/06/2010XCEL ENERGY 01190ELECTRIC UTILITY50.75 04/06/2010XCEL ENERGY 01190ELECTRIC UTILITY28.67 04/06/2010XCEL ENERGY 01190METERED SPEED SIGN11.67 04/06/2010YOCUM OIL CO. 8094501798DIESEL FUEL - MARCH7,089.00 04/06/20101ST LINE/LEEWES VENTURES LLC 8094600504MDSE FOR RESALE177.75 04/06/20103M 8094701047ROLL GOODS FOR SIGN FABRICATION4,107.21 DEPOSIT RHINO BAND TASTE OF MAPLEW1,250.00 8094804/06/201004444ABSEY ENTERTAINMENT INC. 8094904354SET UP FEE-STEP UP TO THE MIC 3/27100.00 04/06/2010ALISCO MUSIC, LLC 8095000111PATROL FEE 3/1 - 3/282,128.00 04/06/2010ANIMAL CONTROL SERVICES 8095104/06/201003744ANTHONY BARILLA, JRVOLLEYBALL OFFICIAL504.00 04/06/2010LOUISE A. BEAMAN 8095204419VOLLEYBALL OFFICIAL168.00 8095304/06/201001865DON BOWMANVOLLEYBALL OFFICIAL/ASSIGNMENTS465.00 04/06/2010NICHOLAS CARVER 8095400272REIMB FOR MILEAGE 3/2625.00 04/06/2010CDW GOVERNMENT INCSMARTNET RENEWAL NETWORKING EQUI8,273.66 8095503310 8095604/06/201002929CNAGLACMONTHLY PREMIUM - APRIL515.76 8095701871VOLLEYBALL OFFICIAL192.00 04/06/2010KENNETH COOPER 8095804421VOLLEYBALL OFFICIAL120.00 04/06/2010TRACEY FREDRICK 8095904/06/201004443GRAY MANUFACTURING CO, INC.OIL FILTER CRUSHER2,200.00 8096004/06/201001867PERRY HANSONVOLLEYBALL OFFICIAL288.00 DEPOSIT-MARTIN ZELLAR BAND-TASTE OF2,500.00 8096104/06/201004428HELLO! BOOKING, INC. 8096204428DOWN PMT-ALISON SCOTT-MCC 6/111,000.00 04/06/2010HELLO! BOOKING, INC. 8096304/06/201003597MARY JO HOFMEISTERREIMB FOR MILEAGE 3/2 - 3/1912.25 8096404445LATH & STAKES FOR PROJECTS1,428.50 04/06/2010HOPE HAVEN INC. 8096504/06/201003538PATRICK JAMES HUBBARDVOLLEYBALL OFFICIAL672.00 04/06/2010ISD 622 COMMUNITY EDUCATION 8096604152TARTAN ARENA REV SHORTFALL40,372.93 04/06/2010CONNIE KELSEY 8096700791REFUND FOR RENTAL CANCELLATION175.00 04/06/2010L3 MOBILE-VISION, INC.MVD-FB2DVS-2, FLASHBACK2 W/VLP2 ASS25,807.75 8096804239 8096900891MAMA MEETING 3/1120.00 04/06/2010M A M A 8097004/06/201001083M D R ADUES FOR DEPUTY REGISTRAR #149495.00 8097104/06/201004420ROBIN MCNULTYVOLLEYBALL OFFICIAL216.00 04/06/2010MEDIA SAVANT COMMUNICATIONS 8097204377MEDIA WORK STEP UP TO THE MIC350.00 8097304/06/201002617ALESIA METRYREIMB FOR DARE SUPPLIES 3/2578.36 8097404/06/201004193MIDAMERICA AUCTIONSFORFEITED VEHICLE STORAGE-MARCH2,250.00 04/06/2010MN LIFE INSURANCE 8097501085MONTHLY PREMIUM - APRIL3,828.95 04/06/2010MN NCPERS LIFE INSURANCE 8097601126MONTHLY PREMIUM - APRIL448.00 04/06/2010ONE TIME VENDORREIMB STEVEN SCOTT MGMT FOR REPAIR1,300.00 8097700001 8097800001REIMB J BRUNOTTE TOWING STORAGE175.00 04/06/2010ONE TIME VENDOR 8097904/06/201000001ONE TIME VENDORREIMB S WOLLENBERG UCARE BENEFIT20.00 8098004/06/201001863ROGER PACKERVOLLEYBALL OFFICIAL504.00 TRANSFER TITLES - FORFEITED VEHICLES40.00 8098104/06/201000396DEPT OF PUBLIC SAFETY 8098204221MDSE FOR RESALE221.52 04/06/2010RANDY'S MEATS & GOOD STUFF 8098304432VOLLEYBALL OFFICIAL72.00 04/06/2010EUGENE E. RICHARDSON 8098404/06/201003057RYAN COMPANIES US INCESCROW RELEASE 2780 MAPLEWOOD DR1,433.01 8098502663VOLLEYBALL OFFICIAL96.00 04/06/2010CARL SAARION 8098601418MDSE FOR RESALE262.13 04/06/2010SAM'S CLUB DIRECT 04/06/201001418SAM'S CLUB DIRECTCARVER COMMUNITY GYM SUPPLIES258.80 Packet Page Number 54 of 294 8098601418MDSE FOR RESALE196.09 04/06/2010SAM'S CLUB DIRECT 04/06/201001418SAM'S CLUB DIRECTGYM SUPPLIES173.97 01418EMPLOYEE RECOGNITION/CITY COUNCIL121.52 04/06/2010SAM'S CLUB DIRECT 01418MDSE FOR RESALE119.18 04/06/2010SAM'S CLUB DIRECT 04/06/201001418SAM'S CLUB DIRECTB-DAY PROG SUPPLIES29.39 04/06/201001418SAM'S CLUB DIRECTB-DAY PROG SUPPLIES28.98 04/06/201001418SAM'S CLUB DIRECTB-DAY PROG & CHILDCARE SUPPLIES25.49 04/06/201001418SAM'S CLUB DIRECTB-DAY PROG SUPPLIES12.34 8098704/06/201004043SCHWAN FOOD COMDSE FOR RESALE44.96 04/06/201004043SCHWAN FOOD COMDSE FOR RESALE41.96 8098804/06/201000198ST PAUL REGIONAL WATER SRVSWATER UTILITIES1,014.84 8098904/06/201001836CITY OF ST PAULRECORD MGMT SOFTWARE FEE - APRIL3,798.00 8099004/06/201001522STATE OF MINNESOTADOT INSPECTION DECALS48.00 8099104/06/201001915NANCY STEFFENVOLLEYBALL OFFICIAL216.00 04/06/2010JAMES TAYLOR 8099204055REIMB FOR MILEAGE 2/6 - 3/26181.25 04/06/2010TRANE U.S. INC.INSTALLATION HVAC CONTROL UPGRADE7,100.00 8099304104 8099404/06/201004131TROPICAL BALLROOMBALLROOM INSTRUCTION 2/21 - 03/28234.00 8099504/06/201000529UNION SECURITY INSURANCE COLTD PLAN 4043120-2 - APRIL2,833.80 04/06/201000529UNION SECURITY INSURANCE COSTD PLAN 4043120-1- APRIL2,112.17 04/06/2010UNIQUE PAVING MATERIALS CORP 8099603334WINTER PATCHING MATERIALS976.53 04/06/2010UNIQUE PAVING MATERIALS CORP 03334WINTER PATCHING MATERIALS831.54 8099704/06/201001750THE WATSON CO INCMDSE FOR RESALE365.32 8099804/06/201001872MARK WEBERVOLLEYBALL OFFICIAL240.00 04/06/2010KRISTIE WOELFEL 8099904423VOLLEYBALL OFFICIAL216.00 04/06/2010CITY OF WOODBURY 8100001789SEWER/WATER UTILITY EXTENSIONS37,279.51 04/06/2010CASIE WYFFELS 8100103809RED CROSS BABYSITTING INSTRUCTOR272.00 04/06/2010ZEROREZ 8100204138CARPET CLEANING AT MCC1,094.51 217,035.45 Checks in this report. 63 Packet Page Number 55 of 294 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 03/26/1003/29/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)20,002.39 03/26/1003/29/10ARC AdministrationDCRP & Flex plan payments3,989.37 03/26/1003/29/10MN Dept of Natural ResourcesDNR electronic licenses744.00 03/29/1003/30/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,095.00 03/30/1003/31/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)5,982.50 03/30/1003/31/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)31,951.86 03/31/1004/01/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)21,385.50 04/01/1004/02/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)24,880.26 TOTAL126,030.88 *Detailed listing of VISA purchases is attached. Packet Page Number 56 of 294 Trans DatePosting DateMerchant NameTrans AmountName 03/24/201003/26/2010CARIBOU COFFEE CO # 155$30.84 R CHARLES AHL 03/12/201003/16/2010UNITED AIR 0164515362365$46.00 JAMES ANTONEN 03/13/201003/15/2010CHILIS B12 ORD20258166$24.83 JAMES ANTONEN 03/13/201003/15/2010CHARLIE CHIANG S$30.74 JAMES ANTONEN 03/14/201003/16/2010MARRIOTT 337W0 F&B$46.32 JAMES ANTONEN 03/17/201003/19/2010UNITED AIR 0164515270271$50.00 JAMES ANTONEN 03/18/201003/19/2010DAYS INNS WASHINGTON DC$636.64 JAMES ANTONEN 03/18/201003/19/2010DAYS INNS WASHINGTON DC$636.64 JAMES ANTONEN 03/22/201003/23/2010GOVTTRNGSVC$199.00 JAMES ANTONEN 03/11/201003/15/2010ANDON BALLOONS INC -$38.48 MANDY ANZALDI 03/19/201003/22/2010WAL-MART #1861$64.08 MANDY ANZALDI 03/25/201003/26/2010CUB FOODS, INC.$17.65 MANDY ANZALDI 03/23/201003/25/2010HEJNY RENTAL INC$139.26 LONN BAKKE 03/09/201003/15/2010BLOOMINGTON SECURIT$165.25 JIM BEHAN 03/11/201003/15/2010STATE SUPPLY COMPANY($124.21)JIM BEHAN 03/12/201003/15/2010MUSKA LIGHTING CENTER$206.00 JIM BEHAN 03/12/201003/15/2010GOPHER BEARING COMPANY$62.99 JIM BEHAN 03/15/201003/16/2010AQUA LOGICS INC$180.35 JIM BEHAN 03/16/201003/17/2010AQUA LOGICS INC($399.73)JIM BEHAN 03/16/201003/17/2010POOLSIDE$31.55 JIM BEHAN 03/17/201003/18/2010HENRIKSEN ACE HARDWARE$13.26 JIM BEHAN 03/17/201003/18/2010DIAPER DECK & COMPANY$215.00 JIM BEHAN 03/17/201003/19/2010THE TRANE COMPANY$373.50 JIM BEHAN 03/17/201003/19/2010OFFICE MAX$71.75 JIM BEHAN 03/18/201003/19/2010PRIORITY COURIER EXPERTS$22.30 JIM BEHAN 03/18/201003/19/2010PRIORITY COURIER EXPERTS$135.39 JIM BEHAN 03/19/201003/22/2010CYBEX - 01$46.87 JIM BEHAN 03/19/201003/22/2010AQUA LOGICS INC$359.84 JIM BEHAN 03/22/201003/23/2010RED WING SHOE STORE$101.00 JIM BEHAN 03/22/201003/23/2010RED WING SHOE STORE$120.00 JIM BEHAN 03/22/201003/25/2010BLOOMINGTON SECURIT$64.00 JIM BEHAN 03/23/201003/24/2010TWIN CITY HARDWARE HADLEY$149.09 JIM BEHAN 03/24/201003/26/2010DAVIS LOCK & SAFE$44.24 JIM BEHAN 03/24/201003/26/2010PARK SUPPLY OF AMERICA IN$17.16 JIM BEHAN 03/16/201003/17/2010PC NAME TAG$10.79 OAKLEY BIESANZ 03/22/201003/24/2010JERABEKS NEW BOHEMIAN$41.44 OAKLEY BIESANZ 03/12/201003/15/2010PIZZA H013816 48238166$16.05 RON BOURQUIN 03/05/201003/17/2010FRIENDFINDER($17.99)NEIL BRENEMAN 03/24/201003/25/2010PRICE CHOPPER, INC$1,260.77 NEIL BRENEMAN 03/16/201003/16/2010SABIC POLYMERSHAPES$348.13 TROY BRINK 03/23/201003/25/2010THE HOME DEPOT 2801$68.01 TROY BRINK 03/19/201003/22/2010DOLLAR DAYS$68.51 SARAH BURLINGAME 03/22/201003/23/2010CUB FOODS, INC.$48.93 SARAH BURLINGAME 03/20/201003/22/2010GLOCK INC$132.83 DAN BUSACK 03/22/201003/24/2010BROWNELLS INC$140.24 DAN BUSACK 03/25/201003/26/2010BROOKS TACTICAL$303.35 DAN BUSACK 03/11/201003/15/2010BANNERS.COM$259.70 HEIDI CAREY 03/15/201003/16/2010CITY PAGES$375.00 HEIDI CAREY 03/16/201003/17/2010USADATA.COM SALESLEADS$115.00 HEIDI CAREY 03/19/201003/22/2010PIONEER PRESS ADVERTISING$1,050.17 HEIDI CAREY 03/22/201003/23/2010CITY PAGES$375.00 HEIDI CAREY 03/12/201003/15/2010ROCKLER WOODWORK 013$35.34 SCOTT CHRISTENSON Packet Page Number 57 of 294 03/22/201003/23/2010VIKING ELEC-CREDIT DEPT.$88.32 SCOTT CHRISTENSON 03/22/201003/24/2010THE HOME DEPOT 2801$118.51 SCOTT CHRISTENSON 03/23/201003/24/2010VIKING ELEC-CREDIT DEPT.($87.75)SCOTT CHRISTENSON 03/23/201003/24/2010VIKING ELEC-CREDIT DEPT.($28.52)SCOTT CHRISTENSON 03/23/201003/24/2010VIKING ELEC-CREDIT DEPT.$85.04 SCOTT CHRISTENSON 03/24/201003/25/2010VIKING ELEC-CREDIT DEPT.($28.35)SCOTT CHRISTENSON 03/24/201003/25/2010ROCKLER WOODWORK 013$186.22 SCOTT CHRISTENSON 03/24/201003/26/2010THE HOME DEPOT 2801$51.91 SCOTT CHRISTENSON 03/17/201003/19/2010FRATTALLONES WOODBURY ACE$16.05 CHARLES DEAVER 03/15/201003/16/2010AMERICAN SECURITY EDUC$164.95 RICHARD DOBLAR 03/12/201003/15/2010THE HOME DEPOT 2801$30.71 DOUG EDGE 03/25/201003/26/2010HENRIKSEN ACE HARDWARE$53.35 DAVE EDSON 03/22/201003/24/2010PARTS ASSOCIATION01 OF 01$692.11 ANDREW ENGSTROM 03/15/201003/16/2010ELECTRO WATCHMAN INC$2,691.71 LARRY FARR 03/16/201003/18/2010THE HOME DEPOT 2810$115.56 LARRY FARR 03/17/201003/18/2010ROCKLER WOODWORK 013($270.03)LARRY FARR 03/18/201003/19/2010KOHL'S #0055$10.70 LARRY FARR 03/18/201003/22/2010THE HOME DEPOT 2801($26.74)LARRY FARR 03/18/201003/22/2010THINGS REMEMBERED 0956$6.43 LARRY FARR 03/18/201003/22/2010THE HOME DEPOT 2801$73.63 LARRY FARR 03/20/201003/22/2010CINTAS #470$68.52 LARRY FARR 03/20/201003/22/2010CINTAS #470$74.30 LARRY FARR 03/20/201003/22/2010CINTAS #470$74.30 LARRY FARR 03/22/201003/23/2010ELECTRO WATCHMAN INC$3,153.49 LARRY FARR 03/22/201003/24/2010THE HOME DEPOT 2801($18.94)LARRY FARR 03/23/201003/24/2010MENARDS 3027$170.47 LARRY FARR 03/24/201003/25/2010MOBILE RADIO ENGINEERI$71.00 LARRY FARR SHANN FINWALL 03/23/201003/24/2010APA - MEMBERSHIP ONLINE$395.00 03/24/201003/26/2010GIUSEPPE S PIZZA$66.25 SHANN FINWALL 03/24/201003/26/2010SPRINT STORE #226$26.77 SHANN FINWALL 03/15/201003/17/2010KEEFE CO PARKING$6.50 DAVID FISHER 03/17/201003/22/2010INNOVATIVEOFFICESOLUTIONS$28.34 KAREN FORMANEK 03/18/201003/18/2010GOVERNMENT FINANCE OFFIC$425.00 KAREN FORMANEK 03/16/201003/17/2010CDW GOVERNMENT$1,444.35 MYCHAL FOWLDS 03/19/201003/22/2010MCLEOD USA TELECOM$1,506.18 MYCHAL FOWLDS 03/23/201003/24/2010QWESTCOMM*TN651$66.45 MYCHAL FOWLDS 03/24/201003/24/2010COMCAST CABLE COMM$54.00 MYCHAL FOWLDS 03/24/201003/25/2010SHI INTERNATIONAL CORP$1,651.82 MYCHAL FOWLDS 03/24/201003/25/2010SHI INTERNATIONAL CORP$910.58 MYCHAL FOWLDS 03/24/201003/26/2010CUSTOMER SUPT CENTER$898.82 MYCHAL FOWLDS 03/24/201003/26/2010IDEACOM MID AMERICA$277.50 MYCHAL FOWLDS 03/13/201003/15/2010HP DIRECT-PUBLICSECTOR$1,335.44 NICK FRANZEN 03/16/201003/17/2010CDW GOVERNMENT$3,689.66 NICK FRANZEN 03/19/201003/19/2010HP DIRECT-PUBLICSECTOR$85.70 NICK FRANZEN 03/23/201003/24/2010CDW GOVERNMENT$276.80 NICK FRANZEN 03/25/201003/26/2010CRESCENT ELECTRIC BR 155$18.81 NICK FRANZEN 03/17/201003/19/2010HOULE FARM GARDEN & PET$44.00 CLARENCE GERVAIS 03/22/201003/23/2010COUNTRY INN AND SUITES$169.20 CLARENCE GERVAIS 03/22/201003/23/2010COUNTRY INN AND SUITES$169.20 CLARENCE GERVAIS 03/22/201003/23/2010COUNTRY INN AND SUITES$169.20 CLARENCE GERVAIS 03/12/201003/15/2010OFFICE DEPOT #1090$48.14 JEAN GLASS 03/19/201003/22/2010OFFICE DEPOT #1090$258.13 JEAN GLASS 03/14/201003/15/2010VZWRLSS*APOCC VISN$110.88 KAREN E GUILFOILE Packet Page Number 58 of 294 03/18/201003/18/2010COMCAST CABLE COMM$90.10 LORI HANSON 03/18/201003/19/2010PIONEER PRESS SUBSCRIPTI$476.00 LORI HANSON 03/23/201003/24/2010SS *CLIFLUNASHOP$361.44 LORI HANSON 03/18/201003/19/2010BATTERIES PLUS #31$35.34 PATRICK HEFFERNAN 03/19/201003/22/2010MENARDS 3059$44.32 PATRICK HEFFERNAN 03/15/201003/16/2010MENARDS 3059$6.20 RON HORWATH 03/24/201003/25/2010TOY SPLASH LLC$135.14 RON HORWATH 03/24/201003/26/2010THE HOME DEPOT 2801$20.32 RON HORWATH 03/16/201003/17/2010WALGREENS #3122$8.48 ANN E HUTCHINSON 03/16/201003/18/2010MICHAELS #2744$186.50 ANN E HUTCHINSON 03/23/201003/24/2010RAINBOW FOODS 00088526$21.93 ANN E HUTCHINSON 03/24/201003/25/2010USPS 26833800033400730$13.80 ANN E HUTCHINSON 03/24/201003/26/2010EARL F. ANDERSEN$150.00 ANN E HUTCHINSON 03/20/201003/22/2010DALCO ENTERPRISES, INC$1,051.40 DAVID JAHN 03/25/201003/26/2010JIMMY JOHN'S # 382$7.73 KEVIN JOHNSON 03/18/201003/22/2010ANCOM TECHNICAL CENTER IN$835.93 BERNARD R JUNGMANN 03/19/201003/22/2010WW GRAINGER$107.82 BERNARD R JUNGMANN 03/20/201003/22/2010BOUND TREE MEDICAL LLC$593.39 BERNARD R JUNGMANN 03/22/201003/24/2010DAVIS LOCK & SAFE$5.18 BERNARD R JUNGMANN 03/23/201003/24/2010BOUND TREE MEDICAL LLC$15.20 BERNARD R JUNGMANN 03/23/201003/24/2010BOUND TREE MEDICAL LLC$17.70 BERNARD R JUNGMANN 03/23/201003/25/2010PRIMARY PRODUCTS COMPANY$227.60 BERNARD R JUNGMANN 03/24/201003/25/2010BOUND TREE MEDICAL LLC$47.80 BERNARD R JUNGMANN 03/25/201003/26/2010BOUND TREE MEDICAL LLC$592.50 BERNARD R JUNGMANN 03/12/201003/15/2010THE HOME DEPOT 2801$27.75 TOM KALKA 03/15/201003/16/2010PANERA BREAD #1305$119.63 DUWAYNE KONEWKO 03/17/201003/23/2010LAKE SUPERIOR COLLEGE($360.00)JASON KREGER NICHOLAS KREKELER 03/22/201003/23/2010USPS 26834500133401316$5.00 03/12/201003/15/2010LILLIE SUBURBAN NEWSPAPE$899.28 LISA KROLL 03/15/201003/16/2010HEALTHEAST TRANSPORTATN$1,640.52 DAVID KVAM 03/16/201003/16/2010COMCAST CABLE COMM$34.00 DAVID KVAM 03/16/201003/18/2010CLASSIC COLLISION CENT$661.60 DAVID KVAM 03/19/201003/25/2010WALLY'S UPHOLS80110026$342.90 DAVID KVAM 03/23/201003/24/2010SHERATON ORLANDO NORTH$1,458.00 DAVID KVAM 03/24/201003/25/2010ROADTECH MANUFACTU$442.81 DAVID KVAM 03/25/201003/26/2010ROADTECH MANUFACTU$10.00 DAVID KVAM 03/25/201003/26/2010STREICHERS INC$127.14 DAVID KVAM 03/11/201003/15/2010VIKING ELECTRIC-ST. PAUL$61.73 STEVE LUKIN 03/15/201003/17/2010AIRGAS NORTH CENTRAL$97.82 STEVE LUKIN 03/15/201003/17/2010AIRGAS NORTH CENTRAL$223.60 STEVE LUKIN 03/16/201003/17/2010EMERGENCY APPARATUS MAINT$1,739.04 STEVE LUKIN 03/16/201003/17/2010EMERGENCY APPARATUS MAINT$2,272.50 STEVE LUKIN 03/21/201003/22/2010ATTM*878423931 NBI$87.96 STEVE LUKIN 03/15/201003/16/2010HENRIKSEN ACE HARDWARE$16.24 MARK MARUSKA 03/18/201003/19/2010ON SITE SANITATION$61.99 MARK MARUSKA 03/19/201003/22/2010OFFICE MAX$128.54 MARK MARUSKA 03/22/201003/23/2010AMERICAN FASTENER AND SUP$32.66 MARK MARUSKA 03/22/201003/24/2010WM EZPAY$213.36 MARK MARUSKA 03/23/201003/24/2010METRO ATHLETIC SUPPLY$1,559.20 MARK MARUSKA 03/16/201003/18/2010THE HOME DEPOT 2810$50.32 JON A MELANDER 03/24/201003/25/2010QWESTCOMM*TN651$58.49 ROBERT MITTET 03/12/201003/15/2010MILLS FLEET FARM #2700$21.32 RICHARD NORDQUIST 03/23/201003/24/2010HENRIKSEN ACE HARDWARE$53.35 RICHARD NORDQUIST Packet Page Number 59 of 294 03/16/201003/18/2010BOY SCOUTS OF AMERICA$40.00 JULIE OLSON 03/12/201003/15/2010OFFICE DEPOT #1090$36.09 MARY KAY PALANK 03/19/201003/22/2010OFFICE DEPOT #1090$53.08 MARY KAY PALANK 03/12/201003/15/2010MIDWAY PARTY RENTAL INC$1,058.29 CHRISTINE PENN 03/13/201003/15/2010BROADWAY BAR & PIZZA MAPL$58.82 CHRISTINE PENN 03/14/201003/16/2010JIMMY JOHN'S # 574$78.15 CHRISTINE PENN 03/19/201003/19/2010ULINE *SHIP SUPPLIES$54.94 CHRISTINE PENN 03/23/201003/23/2010AMAZON MKTPLACE PMTS$70.65 CHRISTINE PENN 03/17/201003/18/2010BATTERIES PLUS #31$35.34 ROBERT PETERSON 03/17/201003/18/2010BATTERIES PLUS #31$50.34 ROBERT PETERSON 02/23/201003/22/2010SIRCHIE FINGER PRINT LABO$150.09 PHILIP F POWELL 03/13/201003/15/2010ULINE *SHIP SUPPLIES$301.72 PHILIP F POWELL 03/16/201003/17/2010U OF M CPHEO CONTINUING$195.00 PHILIP F POWELL 03/17/201003/18/2010USPS 26834500133401316$13.30 PHILIP F POWELL 03/19/201003/22/2010ABACUS PLUS SERVICES INC$347.09 PHILIP F POWELL 03/23/201003/25/2010HP HOME STORE($293.51)PHILIP F POWELL 03/23/201003/25/2010HP HOME STORE$293.51 PHILIP F POWELL 03/11/201003/15/2010KATH AUTO PARTS NSP$44.97 STEVEN PRIEM 03/12/201003/15/2010TOUSLEY FORD I27228006$149.71 STEVEN PRIEM 03/15/201003/16/2010FACTORY MOTOR PARTS #19$230.95 STEVEN PRIEM 03/16/201003/17/2010BAUER BUILT TIRE -$998.81 STEVEN PRIEM 03/16/201003/18/2010GOODYEAR AUTO SRV CT 6920$47.00 STEVEN PRIEM 03/18/201003/19/2010FACTORY MOTOR PARTS #19$56.41 STEVEN PRIEM 03/19/201003/22/2010BAUER BUILT TIRE -$904.93 STEVEN PRIEM 03/19/201003/22/2010BUERKLE HONDA$6.00 STEVEN PRIEM 03/22/201003/23/2010AMERICAN FASTENER AND SUP$19.99 STEVEN PRIEM 03/22/201003/24/2010KATH AUTO PARTS NSP$143.27 STEVEN PRIEM STEVEN PRIEM 03/22/201003/24/2010KATH AUTO PARTS NSP$17.68 03/22/201003/24/2010KATH AUTO PARTS LC$1,184.31 STEVEN PRIEM 03/22/201003/24/2010PARTS ASSOCIATION01 OF 01$68.95 STEVEN PRIEM 03/23/201003/24/2010HENRIKSEN ACE HARDWARE$10.48 STEVEN PRIEM 03/23/201003/25/2010KATH FUEL OFFICE$133.59 STEVEN PRIEM 03/24/201003/25/2010FACTORY MTR PTS #1$77.70 STEVEN PRIEM 03/24/201003/25/2010JOHN S AUTO PARTS$101.77 STEVEN PRIEM 03/24/201003/26/2010ZARNOTH BRUSH WORKS$662.73 STEVEN PRIEM 03/11/201003/15/2010PAYPAL *TRUMOR INC$45.00 TERRIE RAMEAUX 03/15/201003/17/2010MINNESOTA WOMENS PRESS I$103.00 TERRIE RAMEAUX 03/16/201003/17/2010NATIONSTAMPS$28.97 TERRIE RAMEAUX 03/17/201003/18/2010MN OCCUPATIONAL HEALTH$592.50 TERRIE RAMEAUX 03/19/201003/22/2010DALCO ENTERPRISES, INC$481.96 MICHAEL REILLY 03/23/201003/24/2010HILLYARD INC MINNEAPOLIS$586.97 MICHAEL REILLY 03/11/201003/15/2010ORIENTAL TRADING CO$336.16 AUDRA ROBBINS 03/16/201003/17/2010IDEAL FITNESS$482.25 AUDRA ROBBINS 03/17/201003/18/2010WALGREENS #2936$34.31 AUDRA ROBBINS 03/20/201003/22/2010TARGET 00011858$30.59 AUDRA ROBBINS 03/22/201003/24/2010ORIENTAL TRADING CO$203.70 AUDRA ROBBINS 03/23/201003/24/2010TARGET 00021014$169.15 AUDRA ROBBINS 03/25/201003/26/2010PARTY AMERICA 1006$53.89 AUDRA ROBBINS 03/15/201003/16/2010UNITED RENTALS$203.49 ROBERT RUNNING 03/19/201003/22/2010DELEGARD TOOL COMPANY$191.04 ROBERT RUNNING 03/19/201003/22/2010UNITED RENTALS$94.86 ROBERT RUNNING 03/24/201003/25/2010ESCH CONSTRUCTION SUPPLY$375.61 ROBERT RUNNING 03/19/201003/22/2010MENARDS 3059$95.56 JAMES SCHINDELDECKER Packet Page Number 60 of 294 03/17/201003/19/2010RJ'S AMERICAN GRILL$20.81 DEB SCHMIDT 03/20/201003/22/2010RADISSON HOTELS$332.28 DEB SCHMIDT 03/18/201003/19/2010U.S. DIARY$420.43 MICHAEL SHORTREED 03/22/201003/23/2010GO MINIS-MINNEAPOLIS$135.00 MICHAEL SHORTREED 03/19/201003/22/2010METRO SALES INC$590.00 JOANNE M SVENDSEN 03/24/201003/24/2010ACT*SPECIAL OPERATIONS$140.00 JOANNE M SVENDSEN 03/22/201003/23/2010METRO ATHLETIC SUPPLY$2,708.00 JAMES TAYLOR 03/15/201003/17/2010S & T OFFICE PRODUCTS$59.33 KAREN WACHAL 03/18/201003/22/2010ADVANCED GRAPHIC 00 OF 00$127.18 SUSAN ZWIEG 03/24/201003/26/2010MINN FIRE SVC CERT BOARD$260.00 SUSAN ZWIEG TOTAL$63,559.78 Packet Page Number 61 of 294 Packet Page Number 62 of 294 Packet Page Number 63 of 294 Packet Page Number 64 of 294 Packet Page Number 65 of 294 Packet Page Number 66 of 294 Packet Page Number 67 of 294 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 68 of 294 AGENDA REPORT TO: FROM: DATE: SUBJECT:Church of the Presentation of the Blessed Virgin Mary Temporary Gambling Permit Resolution Introduction RESOLUTION Recommendation Packet Page Number 69 of 294 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, DirectorCitizen Services DATE: March 30, 2010 SUBJECT: Ramsey County Fair - Temporary Gambling Permit and Fee Wavier 3.2% Beer Introduction Thomas O’Ryan, on behalf of St. PaulEast Parks Lions Club, has applied for a temporary gambling permit and a 3.2 beer permit for the Ramsey County Fair that will be held from July 14 through July 18, 2010. This is an annual event for the St. Paul East Parks Lions Club and all funds raised from beer sales at the Ramsey County Fair will be used for community events in the area. Mr. Reistad is requesting that the city council waive the fee for the miscellaneous beer permit which is a total of $275.00. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club to be used at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood, MN from July14through July 12, 2010. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW,THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that the City Council approve the above the fee waiverfor 3.2 beer and the resolution for a temporary gambling permit for St. Paul Lions Club. Packet Page Number 70 of 294 Agenda #G-4 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Donation to Landfall Cops ‘N Kids Fishing Clinic Date: March 25, 2010 Introduction City Council approval is required to accept donations received for the Landfall Cops ‘N Kids Fishing Clinic. St. Paul Harley-Davidson/Buell has donated $100 and the City of Landfall Village has donated $700 to this year’s event. Background For the past several years, the Maplewood Police Department, which provides police services in the City of Landfall, has held a half-day Cops ‘N Kids Fishing Clinic for youth living in Landfall. This event provides an opportunity for the children to interact with police officers in a positive way while they spend the morning fishing and then having lunch. St. Paul Harley-Davidson/Buell has donated $100 and the City of Landfall Village has donated $700 to be used to purchase supplies for the Cops ‘N Kids Fishing Clinic, and City Council approval is required for us to accept these donations. Recommendation It is recommended that City Council approval be given to accept these donations and that the necessary budget adjustments be made so that the donations may be used for costs associated with the fishing clinic. Action Required Submit to the City Council for review and action. DJT:js Packet Page Number 71 of 294 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donors’ terms if so-prescribed, and; WHEREAS, St. Paul Harley-Davidson/Buell and the City of Landfall Village wish to grant the City of Maplewood the following: $100 and $700 respectively, and; WHEREAS, St. Paul Harley-Davidson/Buell and the City of Landfall Village have instructed that the City of Maplewood will be required to use the aforementioned for: 2010 Cops & Kids Fishing Clinic, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gifts by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gifts aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on _________________________, 20_____. Signed: Signed: Witnessed: __________________________________________________________ (Signature) (Signature) (Signature) Mayor______________Chief of Police_________City Clerk____________ (Title) (Title) (Title) ____________________________________________________________ (Date) (Date) (Date) Packet Page Number 72 of 294 Agenda Item G 5 AGENDA REPORT TO: James Antonen,City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Resolution Accepting a Donation to the Fire Department Of Medical Equipment DATE: April 6, 2010 INTRODUCTION The fire department has received a donation of EMS equipment from the Burnsville Fire Department. BACKGROUND Burnsville has donated four portable nitrous oxide units that they no longer need due to a change in medical operations. Maplewood continues to use this type of medication administration; therefore, the donation will replace three of our older units and place a nitrous oxide unit on our spare ambulance. This medication administration device delivers a mixture of oxygen and nitrous oxide to a patient to help relieve pain. Burnsville was gracious enough to donate these units since they were no longer needed within their system. These medication administration systems usually cost approximately $2,000.00 when brand new. RECOMMENDATION I recommend that the city councilapprove the donation of four portable nitrous oxide unitsfrom the Burnsville Fire Department. Packet Page Number 73 of 294 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHOIRIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS,Burnsville Fire Department wishes to grant the city of Maplewood four portable nitrous oxide units, and; WHEREAS, Burnsville Fire Department has instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve their service to the community, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on ________________________________, 20______. Signed: Signed: Witnessed: ________________________ _________________________ __________________________ (Signature) (Signature) (Signature) Mayor ____Chief of Fire City Clerk_________________ (Title) (Title) (Title) ________________________ _________________________ __________________________ (Date) (Date) (Date) Packet Page Number 74 of 294 Agenda Item G.6 AGENDA REPORT TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director Bill Priefer, Recycling Coordinator SUBJECT: Eureka Recycling Year-End and 2010 Work Reports DATE: April 5, 2010, for the April 12 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 2009 (Attachment 1) and a proposed work plan for 2010 (Attachment 2). BACKGROUND On February 24, 2010, Christopher Goodwin, Director of Customer Service at Eureka Recycling, presented the 2009 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 2009 Recycling Report Highlights Multifamily Recycling Program: In 2009, Eureka Recycling continued to work closely with Maplewood staff to gather current contact information for every multi-family building not currently being served in the city’s recycling program. The number of units being served in Maplewood’s multi-family program increased by over 6 percent in 2009 as new properties entered the program. Environmental Benefits of Recycling: In 2009 the residents of Maplewood recycled over 2,500 tons of material. To have the same positive impact on the climate as they did in their recycling efforts Maplewood’s residents would have had to remove a total of 1,138 cars from the road for one year. To achieve this, approximately 7.5 percent of Maplewood’s households would have had to give up one car for a year. Backyard Composting Workshops: Eureka Recycling promoted an educational campaign to inform Maplewood residents about the benefits of composting food scraps and other compostable material in back yards, instead of throwing this material directly into the trash. Composting workshops and compost bin sales were held at the Maplewood Nature Center by Eureka Recycling through the months of May and June. Packet Page Number 75 of 294 City Building Recycling Reinvigoration Program: Eureka Recycling worked with the Maplewood Green Team to increase recycling rates in city buildings by installing more visible and accessible recycling bins and promoting recycling through employee and city building visitor education programs. Recycling rates in city buildings increased by 22 percent in 2009. Effects of the Economy on Recycling: As the economy slowed in 2009 the manufacturing sectors reduced or ceased production and the markets for recycled material experienced significant changes. The economy also affected people’s lifestyles as they cut back on newspaper and magazine subscriptions, big box purchases, etc. With the change in the economy the prices being paid by end markets for recycled commodities dropped drastically over a short period. Maplewood’s recycling revenue share in 2008 was $98,089.10, which experienced a drastic decrease in 2009 to $14,493.91. Due to the effects of the economy, the city and Eureka Recycling worked together to amend the recycling contract to move from a per ton payment to a per household system. 2010 Work Plan Highlights Curbside Program Management: Continued educational efforts to all Maplewood residents including an annual city-wide flyer; corrective tagging, mailing, and tracking; recycling hotline to answer resident questions or concerns; submittal of City Newsletter articles to educate and update residents on the city’s recycling program. Multi-Family Program Management: Eureka Recycling will work with city staff to continue to bring new multi-family properties into the city program as their current contracts expire or as new properties are constructed. Public Outreach and Engagement at Events: Eureka Recycling will work with city staff and members of the ENR Commission to fan out into neighborhoods to distribute recycling bins and information to residents at National Night Out block parties. Eureka will also have a booth or truck present at the Taste of Maplewood event to talk with residents about their recycling program and promote waste reduction 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 2010 Work Plan reports. Attachment: 1. Eureka Recycling 2009 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 2010 Work Report Packet Page Number 76 of 294 Attachment 1  'MX]SJ1ETPI[SSH =IEV)RH6IG]GPMRK6ITSVX  3ZIVZMI[ 8LI'MX]SJ1ETPI[SSHERH)YVIOE6IG]GPMRKLEZITEVXRIVIHWMRGIXS HIWMKRERHMQTPIQIRXEVIG]GPMRKTVSKVEQXLEXWXVSRKP]VITVIWIRXWXLIZEPYIW SJXLIGMX]vWVIWMHIRXW8LIWIWLEVIHZEPYIWEVIZMWMFPIMRXLMWTVSKVEQ[LIR )YVIOE6IG]GPMRKERHXLI'MX]SJ1ETPI[SSHIRWYVIXLEX IZIV]VIG]GPEFPIMXIQXLEXVIWMHIRXWXEOIXLIXMQIERHIJJSVXXSWIXSYX › EGXYEPP]MWVIG]GPIH XLIIRZMVSRQIRXEPFIRIJMXWJVSQEPPXLIVIG]GPMRKEGXMZMXMIWMRXLIGMX] › EVIQE\MQM^IH XLIVIZIRYIJVSQXLIWEPISJXLIQEXIVMEPVIG]GPIHMRXLIGMX]MWWLEVIH › FEGO[MXLXLIGMX]XSFIYWIHPSGEPP]XSVIHYGIXLIGSWXSJXLITVSKVEQ ERHWYTTSVXSXLIV[EWXIVIHYGXMSRIJJSVXW[MXLMRXLIGMX] )YVIOE6IG]GPMRKERHXLIGMX]WXEJJTVSZMHIVIWMHIRXW[MXLEGGYVEXI › GSRWMWXIRXERHMRWTMVMRKMRJSVQEXMSREFSYXLS[XSVIG]GPIEW[IPPEWXLI IRZMVSRQIRXEPERHIGSRSQMGFIRIJMXWSJVIG]GPMRKERHSXLIV[EWXI VIHYGXMSRSTTSVXYRMXMIW PMOIGSQTSWXMRKERHTVSHYGIVVIWTSRWMFMPMX]  SREVIKYPEVFEWMW 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3GXSFIVERHGSRXMRYMRKXLVSYKLQYGLSJ)YVIOE6IG]GPMRKFIKERXSWIIXLIMQTEGX XLIXVSYFPIHIGSRSQ][EWLEZMRKSRXLITVMGIWFIMRKTEMHJSVVIG]GPIHQEXIVMEP(IQERH [SVPH[MHIJSVVIG]GPIHGSQQSHMXMIWHIGVIEWIHF]EXPIEWXSRIXLMVHMRPEXIERHXLI FIKMRRMRKSJ%WEVIWYPXXLIZEPYIFIMRKTEMHJSVQER]VIG]GPIHGSQQSHMXMIWHIGVIEWIHF] EFSYXX[SXLMVHWEGVSWWXLIFSEVH%GSRZIVKIRGISJ[IEOIGSRSQMIWHEQEKIHJMRERGMEP MRWXMXYXMSRWERHERI\TIGXIHQEVOIXGSVVIGXMSRPIHXSXLITVMGIHS[RXYVRMRXLIPEWXUYEVXIVSJ [LMGLGSRXMRYIHXLVSYKLQYGLSJ  8LITVMGIWFIMRKTEMHJSVQSWXGSQQSHMXMIWLEZIVIGSZIVIHWSQI[LEXERHFSXXSQIHSYXMRXLI JMVWXERHWIGSRHUYEVXIVSJ,S[IZIV[LMPIXLITVMGIWEVIWPS[P]VMWMRKGSQQSHMXMIWEVIRSX I\TIGXIHXSVIFSYRHXSPIZIPWEWLMKLEWXLSWIVIEGLIHMR3GXSFIV6IG]GPMRKGSQQSHMX] TVMGIW[IVIEXYRWYWXEMREFPILMKLWEXXLEXXMQIERH[IVIEPVIEH]XVIRHMRKHS[R[EVHXSQSVI WYWXEMREFPIPIZIPW  (IWTMXIXLIETTEVIRXQSHIVEXIHXYVREVSYRHMRXLIVIG]GPMRKQEVOIXWXLIEQSYRXSJVIZIRYIXLEX XLI'MX]SJ1ETPI[SSHVIGIMZIHMR[EW PS[IVXLERMRERHSZIV PS[IVXLER 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IWTIGMEPP]MR1ETPI[SSH8LIIRZMVSRQIRXEPIGSRSQMGERHWSGMEPFIRIJMXWSJVIG]GPMRKLEZI RIZIVFIIRQSVIMRHIQERH   Packet Page Number 78 of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acket Page Number 79 of 294  8LIERRYEPGSQTSWMXMSRWXYH]MWGSRHYGXIHIEVP]MRXLI]IEVERHXLIRYQFIVWVITSVXIHMRXLI GLEVXFIPS[VIJPIGXEWRETWLSXSJXLIGSQTSWMXMSRXEOIREXXLEXXMQI%WTVSKVIWWIHXLMWWLMJX EGGIPIVEXIHERHIEGLHE]EWXVYGOWVIXYVRIHXS)YVIOE6IG]GPMRKvWTVSGIWWMRKJEGMPMX]XLI TIVGIRXEKISJXLI[IMKLXSJXLITETIVWZIVWYWGSRXEMRIVWGSRXMRYIHXSWLMJX&]XLIIRHSJ XLISZIVEPPGSQTSWMXMSRSVSYVJEGMPMX]LEWKSRIJVSQ TETIVWERH GSRXEMRIVWXS  TETIVWERH GSRXEMRIVW;LMPIXLMWTIVGIRXGLERKIQE]WIIQWQEPPMXLEWERIRSVQSYWMQTEGX SRXLISTIVEXMSREPWMHISJXLIVIG]GPMRKTVSKVEQ'SRXEMRIVWEVIQYGLPIWWHIRWIXLERTETIVW 8LMWQIERWXLEX[LMPIXLIXVYGOWJMPPYTNYWXEWJEWXXLI]EVIQYGLPMKLXIV3RXLITVSGIWWMRKWMHI XLIFSXXPIERHGERWWXVIEQMWQSVII\TIRWMZIXSWSVXXLERXLITETIVWXVIEQ8LIGLERKIMR GSQTSWMXMSRMWSRISJXLITVMQEV]VIEWSRWXLEX)YVIOE6IG]GPMRK[SVOIH[MXLXLI'MX]SJ 1ETPI[SSHMRXSGLERKIXLIVIG]GPMRKGSRXVEGXJVSQSRI[LMGLMWTEMHF]XLIXSRXSSRI XLEXMWTEMHF]XLILSYWILSPH8LMWGLERKI[EWRIIHIHXSEWWYVIXLEXXLITVSKVEQHMHRSX GSRXMRYIXSWTMVEPMRERYRWYWXEMREFPIHMVIGXMSRMR[LMGL)YVIOE6IG]GPMRK[EWTEMHPIWWERHPIWW XSTMGOYTQSVIQEXIVMEPXLEX[EWEPWSQSVII\TIRWMZIXSWSVX  %RRYEP'SQTSWMXMSR7XYH] )YVIOE6IG]GPMRKERH1ETPI[SSHFSXLWLEVIEZEPYIXLEXXLIVIWLSYPHFIEGSQTSWMXMSREREP]WMW HSRIIEGL]IEVJSVNYWXXLIQEXIVMEPGSPPIGXIHMRXLI'MX]SJ1ETPI[SSHERHRSXEPEVKIVJEGMPMX] EZIVEKIJSVEPPXLIQEXIVMEPWTVSGIWWIHMRERIRXMVI16*8LMWMRJSVQEXMSRSRXLIWTIGMJMG GSQTSWMXMSRSJXLIQEXIVMEPFIMRKGSPPIGXIHMRXLI'MX]SJ1ETPI[SSHMWERIWWIRXMEPIPIQIRXXLEX LIPTWXLIGMX]FIXXIVQEREKIXLIVIG]GPMRKTVSKVEQ-RXLIVIG]GPMRKGSPPIGXMSRERHTVSGIWWMRK GSRXVEGX1ETPI[SSHERH)YVIOE6IG]GPMRKEKVIIXLEXXLIGSQTSWMXMSREREP]WMWWLSYPHFIWTIGMJMG XSXLIGMX]vWQEXIVMEP  1ER]GMXMIWVIGIMZIGSQTSWMXMSRMRJSVQEXMSRJVSQXLIMVVIG]GPMRKTVSZMHIVXLEXMWEREQEPKEQSJ EPPSJXLIXSRWFIMRKTVSGIWWIHMRXLIMVJEGMPMX]JVSQEPPWSYVGIWVIWMHIRXMEPGSQQIVGMEPERH MRHYWXVMEP)EGLGMX]MWHMJJIVIRXERHMJEGLERKIMRXLIGSQTSWMXMSRSJQEXIVMEPWSGGYVWFIGEYWISJE WTIGMJMGIHYGEXMSRMRMXMEXMZIYRHIVXEOIRF]XLIGMX]SVFIGEYWISJWSQIGLERKIMRXLITYVGLEWMRK ERHVIG]GPMRKLEFMXWSJXLIVIWMHIRXWXLMWMRJSVQEXMSR[MPPRSXFIWIIRMREGSQTSWMXMSRVITSVXXLEX MWRSXGMX]WTIGMJMGMRMXWWGSTI  -RXLMW]IEVvWGSQTSWMXMSREREP]WMWGSRHYGXIHMR*IFVYEV]SJ)YVIOE6IG]GPMRKGSPPIGXIH TSYRHWSJQEXIVMEPJVSQVSYXIWMRIEGLHE]SJGSPPIGXMSRMRXLIGMX]8LMWQEXIVMEP[EWVYR XLVSYKL)YVIOE6IG]GPMRKvWWSVXMRKJEGMPMX]WITEVEXIJVSQEPPSXLIVQEXIVMEPWXSFVIEOHS[R 1ETPI[SSHvWVIG]GPMRKMRXSHMJJIVIRXX]TIW WIIGLEVXFIPS[                Packet Page Number 80 of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acket Page Number 81 of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{SVER]QEXIVMEP{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TVSKVEQMWEWIRZMVSRQIRXEPP]FIRIJMGMEPEWTSWWMFPI   Packet Page Number 88 of 294 Attachment 2 2010 Maplewood Recycling Work Plan A. Curbside Program Management Key Messages for 2010 B. Multifamily Program Management 1 Packet Page Number 89 of 294 Education C. Public Outreach and Engagement at Events D. Public Space Recycling Report E. Performance Monitoring Curbside- 1. 2 Packet Page Number 90 of 294 2 Multifamily: Processing: Customer Service: Authorization 3 Packet Page Number 91 of 294 Agenda Item G7 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Deputy Public Works Director SUBJECT: White Bear Avenue / County Rd D Improvements, Project 08-13, Acceptance of $10,000 Grant from Minnesota Department of Employment and Economic Development DATE: March 19, 2010 INTRODUCTION The council will consider acceptance of a $10,000 grant awarded to the City by the Minnesota Department of Employment and Economic Development (DEED). BACKGROUND In November of 2009 the City applied for a construction mitigation grant through DEED in order to mitigate impacts on local businesses by enhancing communications and adding special directional signage to businesses. The City of Maplewood was successful in obtaining this grant funding for the following construction mitigation measures: 1. Construction Directional Signage - $5,000. These grant funds would be used to help fund the installation and maintenance of special directional signage to businesses during project construction. The special signage would be installed throughout the project duration. 2. Maplewood Mall Information Kiosk Setup and Maintenance - $5,000. These grant funds would be used to help fund the establishment of the project information kiosk in the Maplewood Mall. The kiosk was established in late 2009 and will be maintained through the completion of construction in 2011. RECOMMENDATION It is recommended that the council authorize the Mayor and City Manager to sign the grant contract signifying council approval and grant acceptance. Attachments 1. Notice of Award from DEED 2. Grant Contract 3. Grant Application Letter Packet Page Number 92 of 294 Agenda Item G7 Attachment 1 DearMr.AntonenandMr.Ahl: Congratulations,yourapplicationhasbeenselectedforawardbytheStateofMinnesotaDepartmentof EmploymentandEconomic(DEED)foraConstructionMitigationGrantwhichyoumadeapplicationlast Fall.Thisawardwillassistyourcitymitigatetheeffectsofyourapplicationsroadconstructionprojecton yourlocalsmallbusinesses.Thisgrantwillprovideyouwithfundingtosupportthepurchasingand postingofdirectionalsignage,developingandimplementingmarketingandcommunicationplans,and fordirectbusinesstechnicalassistance.Thespecificpurposesandleveloffundingareincludedinthe attachedgrantcontract. AttachedpleasefindanunsignedcopyoftheConstructionMitigationGrantContractbetweentheState ofMinnesotaDepartmentofEmploymentandEconomicDevelopmentandyourcity.Pleaseprintfour copiesandhaveeachgrantagreementsignedbytheindividualwithsignatureauthoritytobindthis contract.Pleasemailallfouroriginalsofthesignedcontracttomyattentionattheaddressbelow.Iwill haveeachcopysignedandafullyexecutedoriginalreturnedtoyouforyourrecords. Welookforwardtoworkingwithyouonthisproject.Shouldyouhaveanyquestionspleasecontact grantcoordinatorGerryWenneratyourearliestconvenienceat 6512597421. Sincerely, MichaelW.Myhre,StateDirector DepartmentofEmploymentandEconomicDevelopment OfficeofEntrepreneurshipandSmallBusinessDevelopment MinnesotaSmallBusinessDevelopmentCenter(SBDC)Network 332MinnesotaStreet,SuiteE200 St.Paul,MN55101 Packet Page Number 93 of 294 Agenda Item G7 Attachment 2 Effective date July 1,2009 E xpiration date June 30, 2011 Survival of Terms Consideration 4.1.1 Compensation. 4.1.2 Packet Page Number 94 of 294 4.1.3 Total Obligation Agenda Item G7 Attachment 2 Payment 4.2.1Invoices. 4.2.2.Availability. 7.1.Assignment. 7.2.Amendments. 7.3.Waiver. 7.4.Grant Contract Complete. Packet Page Number 95 of 294 Agenda Item G7 Attachment 2 § 10.1.Government Data Practices § § 12.1.Publicity 12.2.Endorsement § Packet Page Number 96 of 294 Agenda Item G7 Attachment 2 Individual certifies that funds have been encumbered as required by Minn. Stat. Packet Page Number 97 of 294 Agenda Item G7 Attachment 3 Packet Page Number 98 of 294 Agenda Item G7 Attachment 3 Packet Page Number 99 of 294 Agenda Item G7 Attachment 3 Packet Page Number 100 of 294 Agenda Item G8 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer SUBJECT:Priory Public Improvements (St. Paul’s Monastery), Project 07-24, Transfer to Close Fund 586 DATE: March 19, 2010 INTRODUCTION The council will consider adopting the final financing plan in order to close out the project fund. BACKGROUND This project involved the construction of Monastery Way and Benet Road totaling approximately 0.28 miles of new street in addition to a new trail placed along the north side of Larpenteur Avenue from Sterling Street to Century Avenue. The project also included the construction of a new storm sewer system, sanitary sewer main, water main, two turn lanes, and storm water treatment ponds along Larpenteur Avenue, Monastery Way, and Benet Road. On April 14, 2008 the council awarded the contract in the amount of $689,702.54. During construction there were three change orders and the final amount earned by the contractor was $689,447.42. BUDGET The approved budget for the project is $1,212,089.00. The total project cost is $978,061.69. Staff is recommending the following financing plan and closure of the project. The only city portion was for the trail improvement along Larpenteur Avenue extending to Sterling Street. Final Financing Plan Current Financing Plan $ 40,370.44 G.O. Improvement Bonds (Trail) $ 67,602.00 $ 925,019.57 (approved & levied) Special Assessments $ 1,144,487.00 $ 10,000.00 Developer Cash - $ 2,671.68 Interest on Investments - $ 978,061.69 TOTAL $ 1,212,089.00 It should be noted that the special assessment amount covers an outstanding balance of $321.07 for developer account 0866 (City Project 07-02) therefore the cost should be transferred to Fund 586. RECOMMENDATION Staff recommends that the council authorize the finance director to implement the final financing plan, transfer any excess funds to the PIP fund account, and close project fund 586 for City Project 07-24. Attachments: 1. Resolution 2. Location Map 3. Invoice (Cost transfer from 0866 to Fund 586) Packet Page Number 101 of 294 Agenda Item G8 Attachment 1 RESOLUTION FINAL FINANCING AND CLOSURE OF PROJECT FUND 586 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered improvement to City Project 07-24, Priory Public Improvements, and the City Council accepted the project and approved final payment on October 12, 2009. The total project costs is $978,061.69. NOW, THEREFORE, BIT IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the finance director shall transfer $321.07 in developer charges from Account No. 0866 (Project 07-02) to Fund 586. BE IT FURTHER RESOLVED that the finance director is hereby authorized to make the financial transfers necessary to implement the final financing plan and transfer any excess funds to the PIP Account: Final Financing Plan $ 40,370.44 G.O. Improvement Bonds (Trail) $ 925,019.57 (approved & levied) Special Assessments $ 10,000.00 Developer Cash $ 2,671.68 Interest on Investments $ 978,061.69 TOTAL Packet Page Number 102 of 294 Agenda Item G8 Attachment 2 Packet Page Number 103 of 294 Agenda Item G8 Attachment 3 Packet Page Number 104 of 294 Agenda Item G9 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/Deputy Director Public Works Bryan P. Nagel, Street Superintendent SUBJECT: Approve Purchase of 2010-2011 Winter Road Salt DATE: March 29, 2010 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 2010-2011 season by mid April. The contract has the 80/120 rule which requires the purchaser to take at least 80% of the amount ordered, in return the vendor guarantees to supply up to 120% at the locked in pricing. Early orders are required to be included on the cooperative purchasing venture contract. Based on what was carried over from this past season, we estimate our salt needs at 800 tons for the 2010-2011 season. BUDGET IMPACT The funds for this purchase have already been budgeted in the snow and ice control program, 101-514- 000-4180, as part of the 2010 budget. This was a planned expenditure and estimated to be in the range of $50,000 to $60,000. RECOMMENDATION It is recommended that the City Council authorize the City to purchase de-icing salt under the state contract. Packet Page Number 105 of 294 Agenda Item G10 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/Dep. Director of Public Works Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer I SUBJECT:Myrtle-Sterling Street Improvements, Project 07-19, Resolution Approving Final Payment and Acceptance of Project DATE: March 29, 2010 INTRODUCTION The city council will consider approving the attached resolution for acceptance of the project and for final payment to the contractor. BACKGROUND The construction of Myrtle Street and Sterling Street, including the bituminous road, storm sewer, sanitary sewer and water utilities, was completed in fall of 2009. Final completion included the placing of the final wear course and topsoiling/sodding the disturbed areas. The contractor, Tower Asphalt, Inc., has fulfilled their contractual obligations. The Myrtle-Sterling Improvements were ordered by the city council on February 11, 2008. Tower Asphalt, Inc. was awarded the contract by the city council on April 28, 2008. The project area is illustrated on the attached project location map and generally consists of Myrtle Street from Montana Avenue to Larpenteur Avenue and Sterling Street from Larpenteur Avenue to Holloway Avenue. Construction began in June of 2008 and was completed in November of 2009. The new roadways include a bituminous surface along with concrete curb and gutter and are 30 feet in width. As part of this project Sterling Street was permanently closed south of Ripley Avenue to approximately 400 feet north of Larpenteur Avenue. A 10-foot wide bituminous trail was installed in this area to provide a connection between the trails to the south and the neighborhood to the north. The area was vegetated with a native seed mixture and several trees were planted. The construction of new storm sewer structures and piping has been completed. Improvement to the quality of storm water runoff from the project area has been provided by the construction of residential rainwater gardens and a large regional rainwater garden located in the trail area on Sterling Street. Repairs to the sanitary sewer system, as identified through televising of the mainline and services have been completed. Watermain replacements on Sterling Street have been completed. The watermain in Sterling Street is owned and operated by the City of North Saint Paul. A joint-powers agreement previously approved by council allowed Maplewood and North Saint Paul to work together to replace the water main and build the new road. Staff has invoiced North Saint Paul for their share of the work. Packet Page Number 106 of 294 Agenda Item G10 BUDGET The approved contract amount is $713,201.05. The final construction cost is $638,498.77. The final construction cost is $74,702.28 below the approved contract amount, which translates into a project savings. Once all project transactions are complete, staff will return to council with a final financing plan and request to close the project. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Myrtle-Sterling Street Improvements, City Project 07-19: Approving Final Payment and Acceptance of Project. Attachments: 1. Resolution 2. Location Map 3. Final Pay Application Packet Page Number 107 of 294 Agenda Item G10 Attachment 1 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that the Myrtle-Sterling Improvements, City Project 07-19, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 07-19 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $638,498.77. Final payment to Tower Asphalt, Inc. and the release of any retainage or escrow is hereby authorized. th Approved this 12 day of April 2010 Packet Page Number 108 of 294 Agenda Item G10 Attachment 2 Packet Page Number 109 of 294 Agenda Item G10 Attachment 3 Packet Page Number 110 of 294 Agenda Item G10 Attachment 3 Packet Page Number 111 of 294 Agenda Item G10 Attachment 3 Packet Page Number 112 of 294 Agenda Item G10 Attachment 3 Packet Page Number 113 of 294 Agenda Item G10 Attachment 3 Packet Page Number 114 of 294 Item G11 AMENDED REPORT MEMORANDUM TO:Chuck Ahl, City Manager FROM:Karen Guilfoile, Director, Citizen Services DATE:April 7, 2010 RE:Approval of Change to the Rules and Procedures for City Council and Council Meetings Introduction At the March 22, 2010 council meeting, the city council approved changes to the City Council Rules of Procedure for City Council and Council Meetings to reflect a change in the normal start time of Council Manager Workshops from 5:00 p.m. to 5:15p.m. During the meeting,Councilmember Nephew brought to staffs attention that in Section 10: Ordinances, Resolutions, Motions and Reports that there are areas that State “4/5 vote” when the items actually require a Super Majority Vote. Following is a copy of Section 10: Ordinances, Resolutions, Motions and Reportsshowing changes as stricken and highlighted. Section 10 ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS A.Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council, except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. B.Every ordinance and resolution shall be presented in writing at a Council meeting; provided however, that the reading of an ordinance or resolution may be requested with a4/5super majorityvote. Upon the vote on ordinances, resolutions and motions, the ayes and nays shall be recorded. The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise provided by law (e.g., amendments to the Comprehensive Plan).and except that amendments to the comprehensive plan and zoning ordinance shall require at least four (4) votes a super majority votein favor. C.Every ordinance, other than emergency ordinances, shall have two public readings as provided in Subsection (B) of this Section, and at least fourteen (14) days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. D.An emergency ordinance is an ordinance necessary for the immediatepreservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a roll call vote of at least four (4) membersa super majorityof the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in a conspicuous place in the City, and twenty-four (24) hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person, persons, firms or corporations charged with violations thereof shall have had notice of the passage thereof prior to the act or omission complained of. E. In the case of lengthy ordinances, or ordinances which include charts or maps, if the city council determines that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the council may by a four-fifthssuper majorityvote of its members direct that only the title of the ordinance and a summary be published, conforming to State Statute, with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the city clerk. Recommendation Direct staff to make the appropriate changes to the City Council Rules of Procedure for Council Meetings and Council Administrative Policiesthat reflectthe changes as outlined in the report. Agenda Item G12 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Approval of Adoption of Business & Economic SUBJECT: Development Commission (BEDC) Rules of Procedure DATE: April 6, 2010 INTRODUCTION The ordinance establishing the business and economic development commission (BEDC)was adopted by the city council on July 27, 2009. The ordinance states that the commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council(Attachment 1). DISCUSSION Rules of procedure will help the BEDCfacilitate the conduct of meetingsand reduce the risk of mishandling important matters. Rules usually cover issues like the place and time of regular meetings, the order of business, parliamentary rules governing procedure, and minutes. Attached to this report are the draft BEDC’srules of procedure for review. Theserules discuss meeting times, quorum, duties of the chairperson, election of officers, agendas, appointments, parliamentary procedures, and amendments. The BEDCordinance was written and adopted to include some of these procedures.Therefore, the BEDCrules can refer to procedures as spelled out in the ordinance, but do notconflict with the ordinance. The BEDC reviewed and discussed the proposed rules of procedure at its meeting on April 5, 2010. TheBEDC voted to recommend approval of its proposed rules of procedure. At the time of writing this report, draft minutes from the April 5, 2010 BEDC meeting werenot available but there were no major concerns voicedby commission memberswith the draft rules of procedure. RECOMMENDATION Adopt the BEDC’s rules of procedure. P:\BEDC\Agenda Reports\2010\040510\Rules of Procedure Memo_041210 Attachments: 1.Draft BEDC Rules of Procedure Packet Page Number 117 of 294 Attachment 1 BUSINESS AND ECONOMIC DEVELOPMENTCOMMISSION RULES OF PROCEDURE Adopted by Business and Economic DevelopmentCommission on April 5, 2010 We, the members of the Business and Economic DevelopmentCommission of the City of Maplewood, Minnesota, created pursuant to the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the business and economic development commission by following the current city appointment policy. B. MEETINGS 1.All meetings shall be held in the council chambers in Maplewood City Hall, 1830 County Road BEast, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2.Regular meetings shall be held at 7:00 p.m. on the firstMonday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3.Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72hours notice to all commissioners. C.COMMUNITY DEVELOPMENT AND PARKSDEPARTMENT In addition to carrying out the duties prescribed in the city ordinance the planner or a designated replacement shall: 1.Prepare the agenda for each meeting. 2.Act as technical advisor on any matter which comes before the commission. 3.Make written recommendations to the commission on matters referred to the commission. 4.Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. Packet Page Number 118 of 294 Attachment 1 D.AGENDA 1.Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2.The agenda format shall generally read as follows: a.Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. New Business f.Unfinished Business g. Visitor Presentations h.Commissioner Presentations i.Staff Presentations j.Adjournment E.QUORUM 1.A simple majority of the current membership of the commissioners shall constitute a quorum. 2.Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice chairperson shall be elected at the first business and economic developmentcommission in Decemberof each year and will serve until their successors have been elected. Nominations and members interested in serving as the chairperson or vice-chairperson shall be announced at the last meeting of the year. The chairperson will call for further nominations at the first meeting in Decembereach year prior to the election. G.DUTIES OF THE CHAIRPERSON 1.In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission’s recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1.The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2.In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. Packet Page Number 119 of 294 Attachment 1 3.If the chairperson resigns from or is otherwise no longer on the commission, the vice chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I.TEMPORARY COMMITTEES 1.The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2.No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J.VACANCIES The business and economic development commission positions shall be vacated or recommended to the city council for vacation according to the current business and economic development ordinances. K.AMENDMENT OR SUSPENSION OF RULES 1.Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2.The "Rules of Procedure" may be amended at any regular meeting by a majority vote. L.RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures st by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21 Century. Packet Page Number 120 of 294 Agenda Item H1 AGENDA REPORT TO : City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager/Public Works Director SUBJECT:Consider Approving Financing Plan for Proposed Project and the Issuance of Revenue Obligations for Tubman Resolution Giving Host Approval to the Issuance of Revenue a. Obligations With Respect to a Project for Tubman and located in Part in the City of Maplewood, under Minnesota Statutes, Section 469.152 through 469.165 DATE:April 6, 2010 INTRODUCTION/SUMMARY Tubman, Inc. hasproposed the issuance of tax-exempt bonds for their Maplewood facility along with a facility they operate in Minneapolis. They have chosen the City of Minneapolis to issue these bonds per negotiations with City Manager Antonen. The proposed issue is for$3,300,000 for the Maplewood project and $1,200,000 for the Minneapolis project for a total bond issuance of $4,500,000. Before Minneapolis can issue this bond for Tubman, Maplewood, as the host city for a portion of the issuance, must conduct a public hearing and adopt a resolution authorizing the issuance. The notice of the Public Hearing has been published by Tubman representatives on behalf of Maplewood and the attached resolution has been prepared by the Tubman representatives. There are no expenses for Maplewood for this action and no risk to the City. RECOMMENDATION It is recommended that the City Council conduct the public hearing on this issue. Following the public hearing, the City Council should adopt a motion approving the resolution giving Host Approval to the issuance of revenue obligations with respect to a Project for Tubman and located in part in the City of Maplewood, under Minnesota Statutes, Section 469.152 through 469.165. Attachments: 1.Resolution 2.Public Hearing Notice Packet Page Number 121 of 294 Packet Page Number 122 of 294 Packet Page Number 123 of 294 Packet Page Number 124 of 294 Agenda Report I1 MEMORANDUM TO: City Manager Antonen FROM: Karen Guilfoile, Director Citizen Services RE: Consideration of Penalties for Tobacco and Alcohol Compliance Failures DATE: April 7, 2010 Introduction At the March 22, 2010council meeting the city council imposed penalties for compliance failures for alcohol nd and tobacco. There were several establishments that were unable to attend the March 22meeting and were rescheduled to attend the April 12, 2010 council meeting. In all instances an employee failed the compliance check by selling tobacco or alcohol to an underage buyer and was issued a criminal complaint for that offenseconducted by the Maplewood Police Department, which has been prosecuted. Background When the city council began performing tobacco and alcohol compliance checks in 2000, they opted not to have a strict guideline for penalties because some compliance failures are more egregious and warrant stricter penalties. While the city does not have specified fines for cigarette and tobacco compliance failures, past practice has been to adhere to the following guidelines for imposing penalties for tobacco:first offense $250, second offense $500 and the third offense $750. 461.12 Municipal Tobacco License - Subd. 2 I also draw council’s attention to State Statute Administrative penaltiesIf a licensee or employee of a licensee sells tobacco to a person that states: under the age of 18 years, or violates any other provision of this chapter, the licensee shall be charged an administrative penalty of $75. An administrative penalty of $200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 must be imposed, and the licensee's authority to sell tobacco at that locationmust be suspended for not less than seven days. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. For alcohol compliance failures, pastpractice has been to follow State guidelines of imposing a penalty of $500 for the first offense, $1,000 for the second offense, $2,000 if there is a third offense and then revocation or possiblesuspension of the license. In January of 2005 the city council implemented an incentive program that includes a one-time 5% discount on the annual intoxicating liquor license fee after remaining violation free for five consecutive years. If after receiving a penalty and remaining violation free for five consecutive years the violation would be removed from their compliance failure record. Attached is historical information regarding the compliance failures for theestablishments that have yet to come before council for an administrative penaltywith the proposedfines.All establishments have been notified of the proposed civil penalty against them and were encouraged to attend the April 12, 2010 council meeting. Consideration It is recommended that council impose the penalties as included in the staff report. Packet Page Number 125 of 294 CITY OF MAPLEWOOD CITY COUNCIL MEETING 04/12/2010 ALCOHOL/TOBACCO COMPLIANCE FAILURES BUSINESS NAME - OWNER - ADDRESS COMPLIANCECOMPLIANCE FAILUREDATESTATUSSTAFF RECOMMENDATIONCOUNCIL ACTION AMAROSE CONVENIENCE STORE - 3001 WHITE BEAR AVE - OPENED 07/01/2009 TOBACCO12/15/2009PENDING - COUNCIL ACTIONPROPOSED $250 FINE AMF MAPLEWOOD LANES - MAPLEWOOD BOWL - 1955 ENGLISH ALCOHOL11/29/2008PENDING - COUNCIL ACTIONPROPOSED $500 FINE BROADWAY PIZZA - 1900 COUNTY ROAD D ALCOHOL12/14/2009PENDING - COUNCIL ACTIONPROPOSED $500 FINE KELLER LAKE CONVENIENCE - 2228 HIGHWAY 61 TOBACCO08/02/2006FINE IMPOSED NOT PAIDPROPOSED $250 FINE08/28/2006 - APROVED $250 FINE ALCOHOL10/14/2006PENDING - COUNCIL ACTIONPROPOSED $500 TOBACCO12/06/2007PENDING - COUNCIL ACTIONPROPOSED $500 TOBACCO10/15/2009PENDING - JURY TRIAL MAPLEWOOD BP - 1987 COUNTY ROAD D E TOBACCO08/03/2006FINE IMPOSED NOT PAIDPROPOSED $250 FINE08/29/2006 - APPROVED $250 FINE TOBACCO12/26/2008PENDING - COUNCIL ACTIONPROPOSED $500 FINE TOBACCO08/13/2009PENDING - COUNCIL ACTIONPROPOSED $750 FINE TOBACCO10/15/2009PENDING - COUNCIL ACTION7-DAY SUSPENSION OF LICENSE AS DICTATED BY STATE STATUTE MAPLEWOOD KWIK MART (AKA HILLTOP FOODS) - 2150 MCMENEMY - OPENED 10/11/2007 TOBACCO10/19/2007PENDING - COUNCIL ACTIONPROPOSED $250 FINE MERWIN LIQUORS - 1700 RICE STREET - OPENED 11/26/2007 ALCOHOL11/29/2008PENDING - COUNCIL ACTIONPROPOSED $500 FINE MGM LIQUOR WAREHOUSE - 2950 WHITE BEAR AVE - OPENED 01/22/2007 TOBACCO11/26/2008PENDING - COUNCIL ACTIONPROPOSED $250 FINE ALCOHOL12/14/2009PENDING - COUNCIL ACTIONPROPOSED $500 FINE OUTBACK STEAKHOUSE - 1770 BEAM AVE ALCOHOL11/29/2008PENDING - COUNCIL ACTIONPROPOSED $500 FINE WHITE BEAR LIQUOR & WINE - 2223 WHITE BEAR AVE ALCOHOL11/22/2008PENDING - COUNCIL ACTIONPROPOSED $500 FINE ALCOHOL12/14/2009PENDING - COUNCIL ACTIONPROPOSED $1,000 FINE Packet Page Number 126 of 294 DATE PRINTED: 4/7/2010PAGE 1 OF 1 Agenda Item I-2 Memorandum To: James W. Antonen, City Manager From: Bob Mittet, Finance Director Date: April 6, 2010 Re: Resolution Accepting Proposal on the Competitive Negotiated Sale of $11,790,000 General Obligation Bonds, Series 2010A, Providing for their Issuance, Pledging Special Assessments for the Security Thereof and Levying a Tax for the Payment Thereof BACKGROUND At the Regular City Council meeting held on March 8, 2010, preliminary approval was given for the issuance of $11,790,000 of General Obligation Bonds, Series 2010A. Staff anticipates selling this bond issue as taxable Build America Bonds (BABs). Build America Bonds are authorized by the American Recovery and Reinvestment Tax Act of 2009. BABs pay the bondholders a higher interest rate than comparable tax-exempt bonds however the interest is taxable to the bondholders. Maplewood will pay a higher rate of interest but the interest paid will be subsidized by a direct payment to the city of 35% of the interest paid to the bondholders. Since the inception of this program, it has generally been beneficial to issuers to use BABs. In conjunction with our financial advisors, Springsted Incorporated, staff will evaluate bids and select the best option for the city based on the bids received. The City Council will be advised of the better option at the meeting. For that reason, two potential resolutions are attached. The actual resolution will be available after bids are received on Monday, April 12, 2010. RECOMMENDATION Staff recommends approval of the actual resolution which will: 1. Accept the bid proposal, and 2. Provide for their issuance. 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Antonen, City Manager From: Bob Mittet, Finance Director Date: April 6, 2010 Re: Resolution Accepting Proposal on the Competitive Negotiated Sale of $4,125,000 General Obligation Refunding Bonds, Series 2010B and Pledging Tax Increments, Net Revenues and Special Assessments for the Payment Thereof BACKGROUND At the Regular City Council meeting held on March 8, 2010, preliminary approval was given for the issuance of $4,125,000 of General Obligation Refunding Bonds, Series 2010B. The bonds are proposed for the purpose of providing funds sufficient for a crossover refunding on February 1, 2011, of the Issuer's (i) General Obligation Tax Increment Refunding Bonds, Series 2002C dated December 1, 2002, which mature on and after February 1, 2012; (ii) General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003, which mature on and after February 1, 2012; and (iii) General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003, which mature on and after February 1, 2012. The boxed area on the following feasibility report indicates Net Present Value (NPV) Benefits in the range of 3.593 – 4.861%. This translates into a total saving over the lives of the bonds of $166,337.49. State law requires a minimum benefit of 3.000% and city policy requires a minimum benefit of 3.500% before the refunding can take place. Potential outcomes available to the city include the following: 1. Rates maintain at their relatively low level enabling the refunding as structured. 2. One or more of the refunded issues may remain eligible for the refunding thus reducing the total issue size. Packet Page Number 181 of 294 April 7, 2010 3. The total refunding may be rescinded based on interest rate increases reducing NPV savings below the threshold required. The actual resolution will be available after bids are received on Monday, April 12, 2009. RECOMMENDATION Staff recommendations will be available at the meeting with receipt of actual bid results. 2 Packet Page Number 182 of 294 $4,115,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2010 Crossover Refunding of Series 2002C, 2003A and 2003B Preliminary Feasibility Summary Dated 05/10/2010 | Delivered 05/10/2010 2010 Ref Issue 2010 Ref 02C2010 Ref 03A03BSummary Sources Of Funds Par Amount of Bonds...............................................................$1,405,000.00$1,935,000.00$775,000.00$4,115,000.00 . Total Sources..........................................................................$1,405,000.00$1,935,000.00$775,000.00$4,115,000.00 Uses Of Funds Deposit to Crossover Escrow Fund...........................................1,379,232.391,901,432.00758,828.444,039,492.83 Costs of Issuance.....................................................................15,671.8121,583.608,644.5945,900.00 Total Underwriter's Discount (0.675%).....................................9,483.7513,061.255,231.2527,776.25 Rounding Amount.....................................................................612.05(1,076.85)2,295.721,830.92 Total Uses...............................................................................$1,405,000.00$1,935,000.00$775,000.00$4,115,000.00 . Flow of Funds Detail State and Local Government Series (SLGS) rates for...............3/30/20103/30/20103/30/20103/30/2010 Date of OMP Candidates.......................................................... Primary Purpose Fund Solution Method...................................Net FundedNet FundedNet FundedNet Funded . Total Cost of Investments.........................................................$1,379,232.39$1,901,432.00$758,828.44$4,039,492.83 Interest Earnings @ 0.293%.....................................................2,925.864,033.631,609.758,569.24 Total Draws..............................................................................$1,382,158.25$1,905,465.63$760,438.19$4,048,062.07 . PV Analysis Summary (Net to Net) Net PV Cashflow Savings @ 1.934%(Bond Yield)...................67,680.7170,608.6226,217.25164,506.57 Contingency or Rounding Amount............................................612.05(1,076.85)2,295.721,830.92 . Net Present Value Benefit........................................................$68,292.76$69,531.77$28,512.97$166,337.49 . Net PV Benefit / $4,000,000 Refunded Principal......................4.985%3.698%3.802%4.158% Net PV Benefit / 4,115,000 Refunding Principal.....................4.861%3.593%3.679%4.042% $ Bond Statistics Average Life.............................................................................3.287 Years5.115 Years5.248 Years4.516 Years . Average Coupon.......................................................................1.3073317%2.1534736%2.1803151%1.9490516% Net Interest Cost (NIC).............................................................1.5126688%2.2854338%2.3089458%2.0985199% . Bond Yield for Arbitrage Purposes............................................1.9340535%1.9340535%1.9340535%1.9340535% True Interest Cost (TIC)............................................................1.5162750%2.2792769%2.3032298%2.0919036% All Inclusive Cost (AIC).............................................................1.8697722%2.5153335%2.5337544%2.3559834%    Packet Page Number 183 of 294 Packet Page Number 184 of 294 Packet Page Number 185 of 294 Packet Page Number 186 of 294 Packet Page Number 187 of 294 Packet Page Number 188 of 294 Packet Page Number 189 of 294 Packet Page Number 190 of 294 Packet Page Number 191 of 294 Packet Page Number 192 of 294 Packet Page Number 193 of 294 Packet Page Number 194 of 294 Packet Page Number 195 of 294 Packet Page Number 196 of 294 Packet Page Number 197 of 294 Packet Page Number 198 of 294 Packet Page Number 199 of 294 Packet Page Number 200 of 294 Packet Page Number 201 of 294 Packet Page Number 202 of 294 Packet Page Number 203 of 294 Packet Page Number 204 of 294 Packet Page Number 205 of 294 Packet Page Number 206 of 294 Packet Page Number 207 of 294 Agenda Item I4 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director SUBJECT:Consider Adoption of Amendments to the Rural Conservation Dwelling District (R-1R) Ordinance —Second Reading (simple-majority vote required for approval) DATE: April 2, 2010 INTRODUCTION On March 22, 2010, the city council gave first reading to the proposed revisions to the R-1R (rural conservation dwelling district) zoning districtordinance. The city council did not make any additional revisions and approved the first reading with the proposed amendments as presented. BACKGROUND The planning commission reviewed the R-1R (rural conservation dwelling district) zoning district ordinance on March 2, 2010 and recommended approval of the proposed amendments. DISCUSSION The proposed, revised R-1R district ordinance is exactly the same as presented at the first reading. The city council did not make any changes to the proposed, updated ordinance. The city council did ask for additional information on the amount of buildable landavailable within in the R-1R district. This information is included as an attachment to this report. RECOMMENDATION Approve second reading to adopt the proposed amendment of the R-1R (rural conservation dwelling district) zoning districtordinance. p:planning\ord\PC_041210\R1R_Amend_041210 Attachments: 1.Draft Amended R-1R (Rural Conservation Dwelling District) Ordinance 2.Quantitative Analysis of the R-1R Zoning District Packet Page Number 208 of 294 Attachment 1 ORDINANCE NO. ___ PROPOSED ORDINANCE MODIFYING THE R-1R (RURAL CONSERVATION DWELLING RESIDENCE) ZONING DISTRICT THE MAPLEWOOD CITY COUNCIL ____________ the following changes to the Maplewood Code of Ordinances: (Deletions are crossed out and additions areunderlined.) (-:-7-326 6 696%0'327)6:%8-32(;)00-2+(-786-'8 7IG4YVTSWIERH-RXIRX The City of Maplewood finds that there is a direct link between the natural systems and character that exists throughout certain areas of the community. The requirements of this Rural Conservation Dwelling District are meant to preserve and enhance the ecological/aesthetic character by providing incentives that: 1) reinforce and establish ecological connections throughout the city; 2) protect and enhance drainageways and water quality; 3) protect and enhance ecological communities; 4) preserve and improve vistas; and 5) preserve or reinterpret local historical landmarks. To allow for and to protect a semi-rural, residential life style, the city creates the R-1R zoning district that is intended to encourage conservation based development. This zoning district is for the areas of Maplewood that are not suitable for suburban or tract development because of topography, vegetation or other factors that make the area unique. The city finds the most suitable use of these areas is single dwellings on large lots, but is interested in protecting the natural resources and will encourage developments to follow the conservation principles and initiatives identified in subsequent sections of this ordinance. To further support the rural quality of the area, the density calculations in the R-1R district shall be calculated on a net acre basis which is further described Section 44-130 (c) of this ordinance. Low-density residential development and conservation development will lessen grading and soil erosion and will help protect ground water, vegetation, ecological communitiesand wooded areas. 7IG9WIW The City shall only allow the following uses: (a)Permitted uses: 1)Any permitted use in the R-1 District, subject to its regulations. (b)Conditional uses. The City may permit the following by conditional use permit: 1)Any use allowed by conditional use permit in the R-1 (single dwelling) District. 2)Commercial farming or gardening, including the use or storage or associated equipment, when on a property with a single dwelling. 3)Stands for the sale of agricultural products grown or produced on the property. 4)Metal storage buildings, commonly known as pole barns or agri-buildings, subject to the applicable size and height requirements. (c)Prohibited uses. The city prohibits the following uses in the R-1(R) zoning district: 1)Accessory buildings without an associated single dwelling on the same property. Packet Page Number 209 of 294 2)Reserved. 7IG,IMKLXSJFYMPHMRKW The maximum height of a single-family dwelling shall be thirty-five (35) feet. 7IG0SXHMQIRWMSRWPSXEVIE[MHXLVIUYMVIQIRXWERHWMHI]EVHW (a)No person shall build a single dwelling on a site less than eighty seven thousand one hundred twenty (87,120) square feet (2 acres) in area; unless the conservation design principles are applied as described in Section 44-128. (b)Each lot or parcel shall have enough area or usable space for a house, driveway, and if needed, a well and individual sewage treatment system (ISTS) with a primary and secondary site or an acceptable design and plan for a community septic system or regional sewer. (c)Each dwelling and any accessory structure(s) shall have side yard setbacks as defined in table44-120.1 and shall be measured from the property line to the structure. The following exceptions to this standard shall apply: 1)The side yard on the street side of a corner lot shall have a width of at least thirty (30) feet. 2)When a property owner uses two (2) or more adjoining lots as a single-building site, the side yard requirements shall apply only to the outside lot lines. (d)The following table identifies the minimum lot area and lot width based on the conservation tiers: 2 Packet Page Number 210 of 294 Table 44-120.1 Conservation TierDensity Minimum AreaMinimum Side Yard Front Yard Range FrontageSetbackSetback Tier I (0-2 0.5 –1.5015,00043,560100’30’50’ Principles)U/ASF Tier II (3-54 1.61–3.51.510,00015,00080’15’30’ Principles)U/ASF Tier III (6-7 3.6 –4.3 U/A7,500 SF50’10’20’ Principles) (e)Each interior lot shall have at least fifty (50) feet of frontage on an improved public street. (f)Each corner lot or parcel shall have at least eighty (80) feet of frontage on each of the public streets. 7IG*VSRX=EVHW (a)Each dwelling and any accessory structure(s) shall have a front yard setback as defined in table 44-120.1. Except that: 1)If each of the lots next to an interior lot has a dwelling, the minimum setback shall be the setback of the adjacent dwelling closest to the street. The maximum setback shall be the setback of the adjacent dwelling farthest from the street. 2)If subsection (a)(1) above does not apply and there is a predominant setback, a dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. 3)Regardless of the above, if the city council has approved special setbacks for a development, those setbacks shall apply. City approval of a preliminary plat with building pads does not constitute approval of special setbacks. 4)Regardless of the above, homeowners may add on to their homes using the existing setback. 5)In all cases, the accessory structures shall be no closer than the principle structure unless approved by the City Council. (b)The director of community development may allow a different front yard setback if the proposed setback would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1)The proposed setback would not affect the privacy of adjacent homes. 2)The proposed setback would save significant natural features, as defined in Section 9-188. 3)The proposed setback is necessary to meet city, state or federal regulations, such as pipeline setback or noise regulations. 4)The proposed setback is necessary for energy saving, health or safety reasons. 7IG6IEV=EVHW (a)Single dwellings shall have a rear yard setback of at least twenty (20) percent of the lot depth. (b)Accessory buildings shall have a rear yard setback of at least thirty (30) feet. 7IG8S[IVERXIRREERHJPEKTSPIWIXFEGOW Antennas and flagpoles for residential (non-commercial) use in the R-1(R) zoning district shall meet the same setbacks as accessory buildings in the R-1 (single dwelling) district. 3 Packet Page Number 211 of 294 7IG1MRMQYQJSYRHEXMSREVIEWVSSQVIUYMVIQIRXW (a)The minimum foundation area shall be at least: 1)A one-story dwelling, nine hundred fifty (950) square feet. 2)A one and one-half story dwelling, seven hundred twenty (720) square feet. 3)A bi-level dwelling, eight hundred sixteen (816) square feet. 4)A tri-level dwelling, seven hundred sixty five (765) square feet. 5)A two story dwelling, five hundred twenty-eight (528) square feet. (b)Room size and number shall be consistent with the standards of the International Residential Code. 7IG&YMPHMRK[MHXLVIUYMVIQIRXW The minimum building width on the primary frontage shall be at least twenty-one (21) feet. The building width shall not include entryways or other appurtenances that do not run the fully depth of the building. 7IG%GGIWWSV]FYMPHMRKW (a)Section 44-114 (Accessory buildings) in the R-1 District shall apply to the use and height of accessory buildings and garages in the R-1R zoning district. (b)For lots in the R-1R zoning district, the following size standards shall apply to accessory buildings and garages: Table 44-127.1 Accessory Sizes Detached Buildings (Max Attached Garages (Max Combination of detach Area, Square Feet)Area, Square Feet)buildings and attached Garage (Max Area) Tier I1,400 (garages), 1,100 1,4002,800 (other) Tier II1,0001,250SF Total1,0001,2501,4801,850 Tier III850 SF Total8501,000 7IG(IJMRMXMSRWERH'SRWIVZEXMSR4VMRGMTPIW The conservation principles in the following table shall represent the conservation incentives for this ordinance. The definitions of each principle follow the table. All incentives, and subsequent conservation bonuses as described in Table 44-130.1, shall only be granted IF they exceed the minimum standards set forth in the existing City ordinances that relate to environmental protection as identified in, but are not limited to, Ordinance Chapters 12 and 44.  It shall be noted that the City has several ordinances that control and define natural resources and environmental quality, in all cases, the more restrictive ordinance shall apply and it is the developer’s responsibility to discuss any issues or questions regarding the applicable ordinances with the City Planner. 8LIHIZIPSTIVWLEPPFIE[EVIXLEXXLIGSRWIVZEXMSRTVMRGMTPIWWLEPPFIWYFNIGXXSXLIVIGSQQIRHEXMSRWSJ XLIGMX]WXEJJETTPMGEFPIGSQQMWWMSRWTPERRMRKGSQQMWWMSRERHYPXMQEXIETTVSZEPF]XLIGMX]GSYRGMP%W WXEXIHMR7IGXLIHIZIPSTIVWLEPPFIVIUYMVIHXS[SVOGPSWIP][MXLXLIWIFSHMIWXSHIZIPSTETPERXLEX WYTTSVXWXLIKSEPWERHSFNIGXMZIWJSVXLI66(MWXVMGX;MXLSYXGSYRGMPETTVSZEPXLIHIZIPSTIV[MPPFI IRXMXPIHXSEFEWIIRXMXPIQIRXSJSRIYRMXTIVX[SEGVIW[MXLEEGVIPSXQMRMQYQ 4 Packet Page Number 212 of 294 In all cases, the developer shall receive a conservation bonus as described in Table 44-130.1 ONLY if the development integrates the conservation principle as a dominant theme throughout the proposed development. This shall be required of all proposed conservation principles. The City’s objective is to maintain the rural quality of the R- 1R district and encourage conservation principles and development in the city’s areas with natural resource quality. Table 44-128.1 identifies the conservation principles that may qualify for density incentives. The table is categorized into two groups: Group A –Natural Characteristics and Group B –Design Characteristics. The developer shall be required to present a diverse set of conservation principles for a site. Additionally, the developer is encouraged to use a mix of conservation principles and may not duplicate principles and receive a density incentive in exchange. For example if the developer proposes to preserve a large wooded area and consequently preserves an important stand of oak trees, the developer will receive the density incentive for one conservation principle not two. Table 44-128.1 Conservation Principles for Density Incentives +VSYT%2EXYVEP'LEVEGXIVMWXMGW+VSYT&(IWMKR'LEVEGXIVMWXMGW Additional Shoreline BuffersClustering Additional Stormwater ManagementCreate/Develop Trail Connections Creek Restoration ManagementCreate Passive Parks Dedicate 50% Open SpaceEnergy Efficiency Enhance/Preserve Large Wooded Areas or ForestHistoric Preservation Enhance Wetlands, Create Management PlanLEED Certified Buildings/Development Prairie RestorationLow Impact Development (LID) Slope Buffer PreservationPreserve and Establish Natural Area Greenways Tree PreservationVista Shed/Corridor Preservation +6394%2EXYVEP'LEVEGXIVMWXMGW The following conservation principles are defined for this ordinance as natural characteristics because they directly apply specifically to naturally occurring characteristics on a site. The principles are presented in alphabetical order. Beyond thosealready identified in the Shoreland Overlay District, the creation and plan %HHMXMSREP7LSVIPMRI&YJJIVW for permanent protection of protective buffers around those areas which are more sensitive to the negative impacts of development, especially areas that are defined as bluffs or steep slopes, where critical habitat may dwell, near historic tree clusters or heritage trees etcetera for which the additional buffers may vary or be averaged near the location of protection importance. The city has existing stormwater management policies, but there is opportunity %HHMXMSREP7XSVQ[EXIV1EREKIQIRX to further improve the stormwater management on a site. The developer shall be given a conservation bonus for a stormwater management plan and implementation that exceeds the city’s existing policy. Restoration projects that the city believes would assist in the restoration of the 'VIIO6IWXSVEXMSR1EREKIQIRX stream or natural creek that compensate for the loss of past uses of the watershed due to contamination, erosion and other influences or issues. Specific types of projects proposed for implementation as part of a development plan would be those that enhance habitat, water quality, and flow regime such as stormwater management, stream 5 Packet Page Number 213 of 294 channel stabilization or greenways by implementing conservation easements, or additional buffers in riparian corridors. Open space is defined as public or publicly held land that is generally natural in (IHMGEXI 3TIR7TEGI character and contains relatively few human-made structures. The developer can achieve a conservation bonus for dedication of 50% of a site to open space. The open space dedication must be developable or have buildable qualities in order to achieve this principle. This conservation principle will be mandatory to achieve the full density allocation. An act of deliberately avoiding the removal of clusters of )RLERGI4VIWIVZI0EVKI;SSHIH%VIEWSV*SVIWX structurally healthy mature trees and understory trees which are native to the area and non-invasive, individual heritage trees which are structurally healthy and greater than 20 caliper inches in order to protect the present or future value for their use in protection from erosion, for their landscape and aesthetic value, for their use in screening development or for other environmentalor intrinsic benefits. To meet this standard, the developer must prepare a health assessment of the trees on site, and must show a polygon area on the site with permanent protection plan, that the Developer shall implement, for the areas to be preserved and a management plan including removal of invasive species on the site. A plan to resolve development )RLERGI;IXPERHW'VIEXIE'SQTVILIRWMZI;IXPERH1EREKIQIRX4PER ';14  and protection conflicts where wetlands affect a significant portion of a community. The plan encompasses the identification, study, and evaluation of wetland functions and community values, and development needs and investments with regard to wetlands protection, enhancement and regulation. The applicant shall be required to createa plan, that the developer shall implement, that exceeds the standards of the adopted Wetland Ordinance. After performing a historical analysis to determine pre-settlement conditions, prepare a plan for 4VEMVMI6IWXSVEXMSR prairie restoration with a specific management strategy that the developer shall implement, over the course of five years in order to assure that the prairie establishes. This plan shall be submitted and approved by the city’s natural resource coordinator to determine if it meets this requirement and subsequently qualifies for the conservation bonus. A development plan that deliberately avoids placing any lots,in the buffer area of a slope 7PSTI&YJJIV4VIWIVZEXMSR exceeding 12 percent,or as described in the city’s slope ordinance section 44-1238 and building code section 12- 308. The developer shall establish a buffer with permanent protection to demonstrate how the buffer and slope is protected and the purpose of the protection measures and how it exceeds the current slope ordinance requirements. A conservation bonus will be given for those plans that exceed the standards identified in the current steep slopes ordinance. Through means of a tree inventory, identifying the most significant trees on a site and 8VII4VIWIVZEXMSR permanently protecting them. The developer shall be required to present a plan for protection of these trees, and will be required to demonstrate how these trees will be integrated as a key component of the development. 6 Packet Page Number 214 of 294 +6394&(IWMKR'LEVEGXIVMWXMGW The following conservation principles relate to the design of a project or of a site. The principles are presented in alphabetical order. A design technique that groups housing or development sites in a manner that allows for the conservation 'PYWXIVMRK and preservation of open spaces such as farmland, natural areas, including habitat areas and open vistas. A plan that illustrates the development of trails that are indicated on the Parks, 'VIEXI(IZIPST8VEMP'SRRIGXMSRW Trails and Open Space Plan map as part of the subdivision process, whether active or passive in nature, with an emphasis on creating trail connections to existing trails. A conservation bonus will be given for the development and construction of the trail not for the land dedication which will be considered part of the city’s park accessibility charges. An area set aside through the development process that is environmentally sensitive and may 'VIEXI4EWWMZI4EVOW or may not be developable. These parks may support passive uses such as walking trails, boardwalks and nature observation areas, but some areas may be too environmentally sensitive to accommodate any public access. A conservation bonus will only be given for passive dedication areas that are permanently protected and that are dedicated to a public entity. Using the Minnesota Greenstar Program, develop energy efficient and Greenstar rated projects )RIVK])JJMGMIRG] and buildings. A conservation bonus will be given when the developer utilizes the program to create a ‘theme’ in a development and uses the Greenstar and conservation principles in marketing the project. Identifying and protecting through permanent means, any historically significant areas on a ,MWXSVMG4VIWIVZEXMSR specific site. If historical preservation is proposed as a conservation principle, the city’s Historical Preservation Commission shall review and provide recommendations to the City Council regarding this principle. To reinforce the historical quality, a signage plan shall be included to clearly communicate the historical significance of the area or artifact. A national set of standards for buildings and 0))('IVXMJMIH&YMPHMRKW(IZIPSTQIRX 4VEGXMGIWTIVWXVYGXYVI  neighborhoods that focuses on the principles of green building , smart growth, sustainability and healthy living.The LEED for Neighborhood Development Rating System provides independent, third-party verification that a development's location and design meet accepted high levels of environmentally responsible, sustainable development. A conservation bonus will be given for a minimum of 3 practices in the LEED standards certification criteria. The conservation bonus shall only be given if the LEED standards are applied to all structures throughout a development. Developers are encouraged to seek LEED certification. An ecologically friendly approach to site development and storm water management 0S[-QTEGX(IZIPSTQIRX 0-(  that aims to mitigate development impacts to land, water and air. The approach emphasizes the integration ofsite design and planning techniques that conserve the natural systems and hydrologic functions of a site. In all cases, the developer must minimize the impervious surface coverage to achieve low impact development, and must be a minimum of 5% below the 30% coverage standard allowed. This must be accomplished in conjunction with other LID techniques to achieve this principle. In order to achieve this principle the developer must demonstrate how they will achieve these principles. 7 Packet Page Number 215 of 294 The dedication, maintenance or management of an area identified 4VIWIVZIERH)WXEFPMWL2EXYVEP%VIE+VIIR[E]W on the City’s Natural Areas Greenway map. The Natural Area Greenway is defined as large contiguous areas of natural habitat that cross ownership boundaries. A site plan or development pattern that is designed specifically to protect an area :MWXE7LIH'SVVMHSV4VIWIVZEXMSR on or near the development site that is viewed as integral to protecting the sense of place, whether the features in the vista are cultural, historical or natural or whether they are viewed from the street or within the development site. 7IG%TTPMGEXMSR6IUYMVIQIRXWERH4VSGIHYVIW The developer shall follow the steps outlined below as part of the development review process. The developer shall be required to review the contents of this ordinance and prepare a plan consisting of written and visual documents to support the proposed development. (a)The developer shall review this ordinance and available natural resource data. The intent is to establish the property’s ecological connections both within Maplewood and as part of the regional ecological system. If the developer chooses not to use a conservation approach the developer may develop at the base entitlement of one (1) unit per two (2) acres of land and skip to step e. If the developer is interested in additional units and smaller lot sizes, then the developer shall follow steps b-e. (b)The developer shall prepare and submit a natural resources evaluation of the site, including all of the following elements, this step is in preparation for meeting with the city planner and should be completed prior to developing a concept plan: 1)Tree survey, including all significant individual trees greater than 6 inches in diameter, and stands of trees, identifying tree species and size. 2)Wetland inventory, including delineation reports; and MnRAM verification 3)Topographic survey indicating existing drainage patterns. This shall include one foot (1’) contours for steep slope areas to better understand wherethe top and bottom of the slopes are for preservation and placement (c)The developer shall set up a meeting with the city planner to discuss and establish the intent and goal for the subdivision. The process shall include a discussion regarding the appropriate conservation principles as identified in Table 44-128.1 for the specific site and shall be based on the preliminary natural resource information collected in step (b). 8LITVMRGMTPIWYXMPM^IHXSEGLMIZILMKLIVHIRWMXMIWSREWMXIQYWXFI VIZMI[IHERHVIGSQQIRHIHF]XLI'MX]7XEJJ4PERRMRK'SQQMWWMSRERHETTVSZIHF]XLI'MX] . The conservation principles and corresponding conservation bonuses are shown in table 44-130.1 'SYRGMP (d)The developer shall create a concept plan that includes the following information: 1)A base yield plan, which demonstrates the number of allowed lots as determined by the base entitlement of one unit per two acres. 2)A description of the conservation principles that are used and the corresponding conservation bonus and unit count as the developer understands it. This shall also include information and data that supports how the concept plan addresses the conservation principle and how the plan meets and exceeds the standards of the city’s existing natural resource ordinances. 3)A graphic that demonstrates generally how the lots would be laid out and the unit types proposed as part of the development. 8 Packet Page Number 216 of 294 4)A narrative that describes the conservation principles used in the concept plan and supporting data demonstrating how the concept meets the standards of existing ordinances, and data demonstrating how the concept plan exceeds them. 5)The developer shall submit, with their concept plans, data and reports related to the conservation principles performed by a reputable ecologist or ecological firm. The city shall reserve the right, if needed, to hire their own ecological expert at the cost of the developer to verify and further understand the plans submitted by the applicant/developer. 6)Submit twenty (20) copies of items 1 through 4 for informalor non-binding comments by city staff, planning commission and city council. Each body will provide feedback and recommendations to the developer so the developerunderstands the changes they need to make moving forward to the preliminary plat. It will be up to the city council to make the final decision with respect to the implementation of the conservation principles and final density of a project. (e)After the concept plan review, the developer shall take and integrate the recommendations and prepare a preliminary plat and final plat submittal in accordance with section 34-5 of the subdivision ordinance. (f)A full developer’s agreement as well as any necessary agreements that document the conservation principles and how they will be upheld will be required as a part of any final plat approval. This shall also include, if applicable, any dedication or transfer of property for the purpose of permanent conservation which shall be completed prior to final plat approval or the issuance of any building permit. 9 Packet Page Number 217 of 294 7IG'SRWIVZEXMSR&SRYW7XERHEVHW The following conservation bonuses shall be rewarded based on the number of conservation principles (as identified in Table 44-128.1) integrated within a development. The conservation principles and their application must be agreed to by both the developer and the city. (a)Conservation bonus is defined as the additional allotment of a lot or lots as determined by the number of conservation principles met. Conservation bonus is also commonly referred to as a density bonus. (b)The units obtained through the conservation bonus calculation shall always be rounded down to the nearest whole number. (c)The density and number of units shall be calculated on a net area basis. Net density shall be defined as the number of dwelling units per acre exclusive of arterial streets and right of ways, steep slopes (in excess of 18%), wetlands and water features, and other publicly dedicated improvements such as parks. Table 44-130.1Conservation Bonus Allotment for Conservation Principles The following table identifies the baseline entitlement for all property zoned R-1R of 0.5 units per acre. All conservation bonuses are cumulative and the percentage bonus calculated as such. (IRWMX]2YQFIVSJ'SRWIVZEXMSRFSRYW ,SYWMRK9RMXW 2YQFIVSJ0SXWSRE%GVI 6ERKI'SRWIVZEXMSR7MXI )\EQTPI 4VMRGMTPIW Tier 1:0None –base entitlement of 2 Acre Lots5 Lots 0.5 – 1.50150%7 lots 2100%10 lots Tier 2:3-16 lots 1.6 –3.5450100% 2415 lots 1.1 – 1.55100%32 lots Tier 3:6-36 lots 3.6 –4.37*20%43 lots The asterisk in Table 44-130.1 denotes a mandatory conservation principle of protecting fifty percent (50%) of a proposed project in open space. A management plan for all protected open space shall be required to achieve final plat approval. Potential options include management by a Homeowners Association, dedicated to a public use or interested agency. 10 Packet Page Number 218 of 294 This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on ___________. _________________ Mayor Attest: ______________________ City Clerk 11 Packet Page Number 219 of 294 Attachment 2 Packet Page Number 220 of 294 Agenda Item I5 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin,AIPC, Planner DuWayne Konewko, Community Development and Parks Director Consider Adoption of the Rural Conservation Dwelling District SUBJECT: (R-1R) OrdinanceSummary Publication Review (super-majority vote required for approval) DATE: April 5, 2010 INTRODUCTION State law allows the city council to direct that a summary of a lengthy ordinance be published rather than publishing the entire ordinance. Staff is requesting that the city council approve the attached summary of the R-1R ordinance amendments for publication purposes. Summary ordinances require a super-majority vote by the city council. Summary of Major Changes The major changes to the rural conservation dwelling district ordinance are: Section 44-120reflects updated density ranges and conservation tiers. The first conservation tier has a density range of 0.5 – 1.0 units per net acre and requires either zero or two conservation principles. The second conservation tier has a density range of 1.0 – 1.5 units per net acre and requires four conservation principles. The third conservation tier was been eliminated from the ordinance. Section 44-127revisesthe criteria for accessory building sizes within the second conservation tier. The maximum area for detached buildings is 1,250 square feet. The maximum area for attached garages is 1,250 square feet. The maximum combined area for detach buildings and attached garages is 1,850 square feet. The accessory building requirements for the third conservation tier was been eliminated. Section 44-130 revises Table 44-130.1 to reflect the updated and revises conservation tiers and number of required conservation principles. Also language requiring 50 percent of land to be dedicated for open space within the now eliminated third conservation tier has been removed. RECOMMENDATION Adopt the attached R-1R summary ordinance amendments for publication purposes. Once approved by the city council, staff will publish the summary ordinance in the city’s official newspaper. P:\Planning\Ordinance Updates\R1RUpdate_022210\CC_041210\R1R Amendment Summary_041210 Attachment: 1. R-1RSummary Ordinance Amendment Packet Page Number 221 of 294 Attachment 1 THE FOLLOWING IS A SUMMARY OF THE MAJOR ORDINANCE REVISIONS TO THE CITY OF MAPLEWOOD’SRURAL CONSERVATION DWELLING DISTRICT (R-1R) ORDINANCEREQUIREMENTS DIVISION 3.5 (R-1R) RURAL CONSERVATION DWELLING DISTRICT Sec. 44-117. Purpose and Intent. The City of Maplewood finds that there is a direct link between the natural systems and character that exists throughout certain areas of the community. The requirements of this Rural Conservation Dwelling District are meant to preserve and enhance the ecological/aesthetic character by providing incentives that: 1) reinforce and establish ecological connections throughout the city; 2) protect and enhance drainageways and water quality; 3) protect and enhance ecological communities; 4) preserve and improve vistas; and 5) preserve or reinterpret local historical landmarks. To allow for and to protect a semi-rural, residential life style, the city creates the R-1R zoning district that is intended to encourage conservation based development. This zoning district is for the areas of Maplewood that are not suitable for suburban or tract development because of topography, vegetation or other factors that make the area unique. The city finds the most suitable use of these areas is single dwellings on large lots, but is interested in protecting the natural resources and will encourage developments to follow the conservation principles and initiatives identified in subsequent sections of this ordinance. To further support the rural quality of the area, the density calculations in the R-1R district shall be calculated on a net acre basis which is further described Section 44-130 (c) of this ordinance. Low-density residential development and conservation development will lessen grading and soil erosion and will help protect ground water, vegetation, ecological communities and wooded areas. The following major ordinance changes to the Rural Conservation Dwelling District (R-1R) Ordinancewere___________by the Maplewood City Council on April 12, 2010: The major changes to the rural conservation dwelling district ordinance are: Section 44-120 reflects updated density ranges and conservation tiers. The first conservation tier has a density range of 0.5 – 1.0 units per net acre and requires either zero or two conservation principles. The second conservation tier has a density range of 1.0 – 1.5 units per net acre and requires four conservation principles. The third conservation tier was been eliminated from the ordinance. Section 44-127 revises the criteria for accessory building sizes within the second conservation tier. Themaximum area for detached buildings is 1,250 square feet. The maximum area for attached garages is 1,250 square feet. The maximum combined area for detach buildings and attached garages is 1,850 square feet. The accessory building requirements for the third conservation tier was been eliminated. 2 Packet Page Number 222 of 294 Section 44-130 revises Table 44-130.1 to reflect the updated and revises conservation tiers and number of required conservation principles. Also language requiring 50 percent of land to be dedicated for open space within the now eliminated third conservation tier has been removed. 3 Packet Page Number 223 of 294 Agenda Item I6 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Consider Adoption of Amendments to the Conditional Use SUBJECT: Permit/Planned Unit Development Ordinance—Second Reading (simple-majority vote required for approval) DATE: April 2, 2010 INTRODUCTION On March 22, 2010, the city council gave first reading to the proposed revisions to the conditional use permit/planned unit development (CUP/PUD) ordinance. Staff has made the amendments suggested by the city council for second reading of this proposed ordinance amendment. The council’s changes of March 22 were: Revise Section 44-1092 to read, “The city council may issue conditional use permits for the following uses in any zoning district in which they are not specifically prohibited.” Revise Section 44-1096(a) (b) to reorder the sentences in those two paragraphs to read as shown. Please refer to Section 44-1096(a) (b). Revise Section 44-1097(c) to eliminate an unnecessary letter “b.” Revise Section 44-1097 (a) (5) to read, “The use would not exceed the design standards of any affected street.” BACKGROUND The planning commission reviewed the CUP/PUD ordinance on several occasions over the recent months. On January 19, 2010, they moved to forward the CUP/PUD ordinance with revisions to the city council for their review. DISCUSSION Staff has made the changes directed by the city council on March 22, 2010. Staff recommends adoption of the CUP/PUD ordinance amendment, unless the council requires any additional revisions. Packet Page Number 224 of 294 RECOMMENDATION Approve second reading to adopt the proposed amendment of the conditional use permit/planned unit development ordinance. p:\ planning commission\PUD Ordinance Amendment CC #3 4 10 te Attachment: 1. Conditional Use Permit/Planned Unit Development and Definitions Ordinance Amendment Packet Page Number 225 of 294 Attachment 1 ORDINANCE NO. ___ AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT REQUIREMENTS The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. This section revises Article V of the Maplewood Code of Ordinances dealing with conditional use permits and planned unit developments. ARTICLE V. CONDITIONAL USE PERMITS Sec. 44-1091. Purpose. The purpose of a conditional use permit is to provide the city with some discretion, based on specific standards, in determining the suitability of conditional uses. The city is not obligated to approve such uses. (Code 1982, ss 36-436) Sec. 44-1092. Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district in from which they are not permitted and not specifically prohibited: (1) Public and private utilities utility, public service or public building uses. (2) Mining. Refer to the requirements under article IV of this chapter. (3) Library; community center; state-licensed day care or residential program unless exempted by state law; church; hospital and a helistop as an accessory use to a hospital; any institution of any educational, philanthropic or charitable nature; cemetery, crematory or mausoleum. (4) An off-street parking lot as a principal use in a commercial or industrial zoning district. other than a commercial or industrial district. (5) Part of an apartment building for commercial use, intended for the building’s residents, such as drugstore, beauty parlor, barbershop, medical office or similar use. Packet Page Number 226 of 294 (6) Planned unit developments (PUD). (7) Construction of an outlot. (Code 1982, ss 36-437) Sec. 44-1093. Planned unit developments. (a) A planned unit development (PUD) may not be divided unless the density distribution approved in the PUD is ensured. (b) The city council may consider flexibility from strict code compliance in the internal and external design requirements of a proposed PUD and may consider deviations from those requirements. It is the intention of this section and the other sections of this article relating to planned unit developments to provide a means to allow flexibility by substantial deviations from this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: 1. The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. Certain regulations contained in this chaptershould not apply to the proposed development because of its unique nature. 2. The PUD would be consistent with the spirit, intent and purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 5. The deviations are required for the reasonable and practical practicable physical development of the project and are not required solely for financial reasons. (c) The development shall conform to the plans and specifications as filed with the city. Any substantive changes in the plans and specifications shall require a recommendation by the planning commission and approval by the city council after a public hearing. (d) Common open space. The developer shall provide deed restrictions, covenants, easements, public dedication or other equally effective and permanent means to preserve and maintain any common open space. The instruments must include all the following protection: Packet Page Number 227 of 294 1. Except for routine maintenance, the city must approve the alteration of any vegetation or topography that is visible from a public water. 2. Prohibit the exterior storage of vehicles or other materials. Storage shall not include routine vehicle parking or the temporary storage of materials for an ongoing construction project. 3. If on a public water, prohibit the uncontrolled beaching of watercraft. (e) Owners’ association. All planned unit developments with common open space must have an owners’ association with the following features: 1. Each lot owner must be a member. 2. Each member must pay a pro rata share of the association’s expenses, and unpaid association assessments can become liens on units or sites. 3. Association assessments must be adjustable to adapt to changing conditions. 4. The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities. (f) The city shall designate PUDs on the official city zoning map. (Code 1982, ss 36-438) Sec. 44-1094. Outlots. (a) No building permit shall be issued for construction upon an outlot, except by conditional use permit. (b) The city council shall not grant a conditional use permit for building upon any outlot, unless the outlot meets the following conditions: 1. It meets the minimum size and frontage requirements provided for in this chapter. 2. It has the requisite public improvements. 3. The permitted density under this Code has not been transferred to another parcel and is, therefore, sufficient to accommodate the proposed construction. 4. The outlot is not used for permanent common open space. 5. The proposed construction can overcome or accommodate the topographical problems and peculiar site characteristics. (Code 1982, ss 36-439) Packet Page Number 228 of 294 Sec. 44-1095. Application. (a) An application for a conditional use permit may be made by any person having a legal interest in the property described in the application. All applications shall be submitted to the director of community development upon the form supplied by the city. The director shall not accept an application that is not complete. Specific requirements shall be as stated on this form, but shall include at least the following information, if applicable: (1) All information required on the community design review board application. (2) Written justification for any PUD deviations. (3) An abstractor’s certificate showing property owners’ names and addresses within 500 350 feet of the boundaries of the property for which the permit is requested. (4) Any other information required by the director of community development, the city council or the council’s advisory bodies. (b) The applicant shall also, at the time of filing such application, pay a fee to the director of community development to defray administrative expenses incurred by the city in the handling of the application, which fee shall be established by the city council, by ordinance, from time to time. (Code 1982, ss 36-440) Sec. 44-1096. Procedure. (a) After an application for a conditional use permit has been submitted, the director of community development shall prepare a report and recommendation and submit it to the planning commission, and community design review board and any other commission as appropriate, for a recommendation to the city council. The staff report and the planning commission’s and community design review board’s recommendations by all applicable advisory boards or commissions shall then be forwarded to the city council. The city council planning commission and community design review board shall take action on the application within 60 days of their respective hearing dates, unless an extension is approved in accordance with state statute. writing by the applicant. (b) The director of community development shall have a notice of the hearing published in the official newspaper at least ten days before the hearing. The director shall also mail cause a notice to be mailed to each of the owners of property within 500 350 feet of the boundary lines of the property upon which such use has been requested which notices are to be mailed to the last known address of such owners at least ten days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. The planning commission city council shall hold at least one public hearing on each application for a conditional use permit. This hearing shall not be held until the The city council shall take final action after Packet Page Number 229 of 294 considering the has received written recommendations or reports from the city staff, planning commission, and community design review board and other applicable commissions. or until 60 days have elapsed from the respective hearing dates. (c) The council may refer the application back to the planning commission when the council finds that specific questions or information that may affect the final decision was not considered by the planning commission. This procedure shall only be used once for each application. (d) The city council may approve, amend or deny an application for a conditional use permit by a majority vote. (e) All decisions by the city council shall be final, except that any person aggrieved by a decision, may within 30 days of the decision, appeal to the county district court. (Code 1982, ss 36-441) Sec. 44-1097. Standards. (a) A conditional use permit may be approved, or amended or denied by satisfying all of based on the following standards for approval, in addition to any standards or findings for a specific conditional use found elsewhere in the Maplewood Code of Ordinances: in this chapter: (1) The use would be located, designed, maintained, constructed and operated to be in conformity with the city’s comprehensive plan and this Code. (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 runoff, vibration, general unsightliness, electrical interference or other nuisances. (5) The use would not exceed the design standards of any affected street. 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. Packet Page Number 230 of 294 (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 no more than minimal adverse environmental effects. (b) The city council may waive any of the requirements in subsection (a) of this section for a public building or utility structure, provided the council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. (c) The applicant shall have the burden of proving that the use would meet all of the standards required for approval of a conditional use permit. The city may require the applicant provide, at his cost, any information, studies or expert testimony necessary to establish whether these standards would be met or to establish conditions for approval. (Code 1982, § 36-442) Sec. 44-1098. Conditions. (a) The city council, in granting a conditional use permit, may impose such conditions and guarantees that it considers necessary and as supported by the record of the proceedings to protect adjacent properties and the public interest and to achieve the goals and objectives of the comprehensive plan. (b) Conditions and guarantees may include but are not limited to the following: (1) Controlling the number, area, bulk, height, illumination and location of such uses. (2) Regulating access to the property, with particular reference to vehicle and pedestrian safety and convenience, traffic control and emergency vehicle access. (3) Regulating off-street parking and loading areas, including the number and width of parking spaces. (4) The location and design of utilities including drainage. (5) Berming, fencing, screening and landscaping, including underground sprinkling. (6) Compatibility of appearance with surrounding land uses. (7) Preservation of the site's natural, historic and scenic features in the development design. (8) Limiting the number, size, location or lighting of signage, notwithstanding article III of this chapter which pertains to signs. (9) The location, dimensions and upkeep of open space. Packet Page Number 231 of 294 (10) Increasing required lot size, yard dimensions or setback requirements. (11) Compliance with any plans presented. (12) A time limit for review of the permit. (13) A written agreement, cash escrow, letter of credit or other guarantee to ensure that the project will be built as approved. (14) Restrictive covenants. (15) Control of the interior and exterior components of a building, provided that such condition does not conflict with the building code. Such components may include but not be limited to the finished exterior materials and installation of elevators. (16) Control of potential noise generators. (Code 1982, § 36-443) Sec. 44-1099. Start of construction or use. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the conditional use permit shall become null and void. The council may grant up to one one-year extension of the permit if just cause is shown. This requirement shall not apply to PUDs with an approved phasing plan. Such extension shall be requested in writing and filed with the director of community development at least 30 days before the expiration of the original conditional use permit. There shall be no charge for filing such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. (Code 1982, § 36-444) Sec. 44-1100. Duration. (a) All conditional use permits shall be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision or ordinance. At the one-year review, the council may specify an indefinite term or specific term, not to exceed five years, for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. (b) A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Any conditional use that meets the agreed upon conditions and is later allowed because of the city enacting or amending official controls shall be considered a legal nonconforming use. (Code 1982, § 36-445) Packet Page Number 232 of 294 Sec. 44-1101. Termination, suspension or revision. (a) The council may suspend or terminate the permit if the approved conditions have been violated or the use is no longer in effect. Where the construction of a building or structure of a monetary value in excess of $100,000.00 has been permitted, the council shall provide for a period of amortization of not less than five years. Where public health, safety and welfare concerns are threatened, the five-year amortization period is not required, and the council may determine the amortization period, if any, to be allowed. The owner of the property upon which the conditional use permit was issued shall be notified in writing at least ten days before the meeting. If the proposed termination is based on a violation of conditions, the property owners within 500 350 feet shall also be notified. The director of community development may issue a stop order for work in progress until the council hears the matter. (b) The city council may review a permit at any time. If the council decides to consider adding, dropping or changing conditions, the council shall follow the procedures in section 44-1096 for approving a new permit. The council shall not change conditions unless the conditional use no longer meets one of the standards in section 44-1097 for approving a new permit. (Code 1982, § 36-446) Sec. 44-1102. Reapplication. Whenever an application for a conditional use permit has been denied by the city council, a similar application affecting substantially the same property shall not be considered again by the city for at least one year from the date of its denial, unless the council directs such reconsideration by at least four votes. (Code 1982, § 36-447) Sec. 44-1103. Conditional uses to conform to terms and conditions attached to issuance. (a) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms and conditions of the permit. (b) Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit shall require an amended permit, and all procedures shall apply as if a new permit were being issued. All uses existing on the effective date of the ordinance from which this article derives shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on such date. Any enlargement, structural alteration, or intensification of use shall require an amended conditional use permit as provided for in this subsection. (Code 1982, § 36-448) Packet Page Number 233 of 294 Sec. 44-1104. Records. The director of community development shall maintain a record of all conditional use permits issued, including information on the use, location, conditions imposed by the council, time limits, review dates and other information as may be appropriate. (Code 1982, § 36-449) Sec. 44-1105. Filing. A certified copy of any resolution approving a conditional use permit shall be filed with the county recorder or registrar of titles. The resolution shall not include the legal description of the property. Failure to file does not affect the validity or enforceability of the permit. (Code 1982, § 36-450) Secs. 44-1106—44-1130. Reserved. Section 2. This section revises Section 44-6. Definitions. Basic structural alteration means any enlargement of a building or modification to the framing of a building, whether by extending on any side or by increasing in height, length, width or changes caused by or the moving of a building from one location to another. Conditional use means a land use or development that would not be appropriate generally, but may be allowed with appropriate conditions or restrictions as provided by the official controls outlined in Article V, Conditional Use Permits. Planned unit developments (PUD) means a type of development characterized by a unified site design, with two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites. The PUD application, timing and recording process is described under Article V, Conditional Use Permits. Section 3. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on ___________. _________________ Mayor Attest: ______________________ City Clerk Packet Page Number 234 of 294 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, March 22, 2010 Council Chambers, City Hall Meeting No. 07-10 2. Consider Adoption of Amendments to the Conditional Use Permit/Planned Unit Development Ordinance – First Reading a. Senior Planner, Tom Ekstrand gave the report and answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. c. Planning Commissioner, Jeremy Yarwood spoke representing the Planning Commission. d. City Attorney, Alan Kantrud answered questions of the council. Mayor Rossbach opened up the public hearing. Nobody came forward to address the council. Councilmember Nephew moved to approve the (First Reading) of the proposed changes to the conditional use permit/planned unit development ordinance. These changes incorporated those proposed in the March 22, 2010 addendum report provided by staff at the meeting which contained corrections from the planning commission. Furthermore council revises Sec. 44- 1097(a)(5), Standards to read, The use would not exceed the design standards of any affected street. Seconded by Mayor Rossbach. Ayes – All The motion passed. THISVERSIONINCLUDESTHEPLANNINGCOMMISSION’S THISVERSIONINCLUDESTHEPLANNINGCOMMISSION’S REVISIONSOFMARCH2,2010 REVISIONSOFMARCH2,2010 ORDI NANCE NO. ___ AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT REQUIREMENTS The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. This section revises Article V of the Maplewood Code of Ordinances dealing with conditional use permits and planned unit developments. ARTICLE V. CONDITIONAL USE PERMITS Sec. 44-1091. Purpose. March 22, 2010 Packet Page Number 235 of 294 1 City Council Meeting Minutes The purpose of a conditional use permit is to provide the city with some discretion, based on specific standards, in determining the suitability of conditional uses. The city is not obligated to approve such uses. (Code 1982, ss 36-436) Sec. 44-1092. Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district in fromwhich they are not permitted and not specifically prohibited: (1) Public and private utilities utility, public service or public building uses. (2) Mining. Refer to the requirements under article IV of this chapter. (3) Library; community center; state-licensed day care or residential program unless exempted by state law; church; hospital and a helistop as an accessory use to a hospital; any institution of any educational, philanthropic or charitable nature; cemetery, crematory or mausoleum. (4) An off-street parking lot as a principal use in a commercial or industrial zoning district. other than a commercial or industrial district. (5) Part of an apartment building for commercial use, intended for the building’s residents, such as drugstore, beauty parlor, barbershop, medical office or similar use. (6) Planned unit developments (PUD). (7) Construction of an outlot. (Code 1982, ss 36-437) Sec. 44-1093. Planned unit developments. (a) A planned unit development (PUD) may not be divided unless the density distribution approved in the PUD is ensured. (b) The city council may consider flexibility from strict code compliance in the internal and external design requirements of a proposed PUD and may consider deviations from those requirements. It is the intention of this section and the other sections of this article relating to planned unit developments to provide a means to allow flexibility by substantial deviations from this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: 1. The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. 2. The PUD would be consistent with the spirit, intent and purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. March 22, 2010 Packet Page Number 236 of 294 2 City Council Meeting Minutes 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 5. The deviations are required for the reasonable and practical practicable physical development of the project and are not required solely for financial reasons. (c) The development shall conform to the plans and specifications as filed with the city. Any substantive changes in the plans and specifications shall require a recommendation by the planning commission and approval by the city council after a public hearing. (d) Common open space. The developer shall provide deed restrictions, covenants, easements, public dedication or other equally effective and permanent means to preserve and maintain any common open space. The instruments must include all the following protection: 1. Except for routine maintenance, the city must approve the alteration of any vegetation or topography that is visible from a public water. 2. Prohibit the exterior storage of vehicles or other materials. Storage shall not include routine vehicle parking or the temporary storage of materials for an ongoing construction project. 3. If on a public water, prohibit the uncontrolled beaching of watercraft. (e) Owners’ association. All planned unit developments with common open space must have an owners’ association with the following features: 1. Each lot owner must be a member. 2. Each member must pay a pro rata share of the association’s expenses, and unpaid association assessments can become liens on units or sites. 3. Association assessments must be adjustable to adapt to changing conditions. 4. The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities. (f) The city shall designate PUDs on the official city zoning map. (Code 1982, ss 36-438) Sec. 44-1094. Outlots. (a) No building permit shall be issued for construction upon an outlot, except by conditional use permit. (b) The city council shall not grant a conditional use permit for building upon any outlot, unless the outlot meets the following conditions: 1. It meets the minimum size and frontage requirements provided for in this chapter. Secs. 44-1106—44-1130. Reserved. Section 2. This section revises Section 44-6. Definitions. Basic structural alteration means any enlargement of a building or modification to the framing of a building, whether by extending on any side or by increasing in height, length, width or changes caused by or the moving of a building from one location to another. March 22, 2010 Packet Page Number 237 of 294 3 City Council Meeting Minutes Conditional use means a land use or development that would not be appropriate generally, but may be allowed with appropriate conditions or restrictions as provided by the official controls outlined in Article V, Conditional Use Permits. Planned unit developments (PUD) means a type of development characterized by a unified site design, with two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites. The PUD application, timing and recording process is described under Article V, Conditional Use Permits. Section 3. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on March 22, 2010. _________________ Mayor Attest: ______________________ City Clerk THESESUGGESTIONSWEREMADEBYTHECITYCOUNCILONFEBRUARY22,2010 THESESUGGESTIONSWEREMADEBYTHECITYCOUNCILONFEBRUARY22,2010 Additions are underlined and deletions are crossed out. Sec. 44-1092. Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district in from which they are not permitted and not specifically prohibited: Sec. 44-1093. Planned unit developments. (b) The city council may consider flexibility from strict code compliance in the internal and external design requirements of a proposed PUD and may consider deviations from those requirements. The city council shall consider the following factors: It is the intention of this section and the other sections of this article relatingto planned unit developments to provide a means to allow flexibility by substantial deviations from this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: Sec. 44-1097. Standards. (a) A conditional use permit may be approved, amended or denied based on the following standards for approval, in addition to any standards or findings for a conditional use found elsewhere in the Maplewood Code of Ordinances: in this chapter: Sec. 44-1097(a)(5). Standards. (5) The use would not exceed the design standard of any affected streets. generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. Sec. 44-1097(a)(9). Standards. March 22, 2010 Packet Page Number 238 of 294 4 City Council Meeting Minutes (9) The use would cause no more than minimal adverse environmental effects. Sec. 44-1097(b). Standards. (b) The city council may waive any of the requirements in subsection (a) of this section for a public building or utility structure, provided the council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. Sec. 44-1103. Conditional uses to conform to terms and conditions attached to issuance. (b) Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit shall require an amended permit, and all procedures shall apply as if a new permit were being issued. All uses existing on the effective date of the ordinance from which this article derives shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on such date. Any enlargement, structural alteration, or intensification of use shall require an amended conditional use permit as provided for in this subsection. March 22, 2010 Packet Page Number 239 of 294 5 City Council Meeting Minutes Agenda Item I7 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Consider Adoption of the Conditional Use Permit/Planned Unit SUBJECT: Development Ordinance Summary Publication Review (super- majority vote required for approval) DATE: April 5, 2010 INTRODUCTION State law allows the city council to direct that a summary of a lengthy ordinance be published rather than publishing the entire ordinance. Staff is requesting that the city council approve the attached summary of the CUP/PUD ordinance amendment for publication purposes. Summary ordinances require a super-majority vote by the city council. Summary of Major Ordinance Changes The major ordinance changes to the conditional use permit/planned unit development ordinance are: 1. Section 44-1092 is revised to state that the city council may issue a conditional use permit for listed uses in any zoning district in which they are not specifically prohibited. 2. Section 44-1093 clarifies the criteria by which the city council may approve flexibility or deviation from the code requirements. 3. Section 44-1096 recognizes that all of the city’s various advisory commissions serve to provide input to the city council when the specific proposal involves their area of expertise. Previously, the ordinance only recognized the planning commission and community design review board. 4. Section 44-1096 also revises the notification distance for mailing public hearing notices from 350 feet to 500 feet. 5. Section 44-1096 (a) (b) were reordered to properly reflect the project review sequence that actually takes place. 6. Section 44-1097 (a) (5) is revised to state that one basis for approving a conditional use permit is that the proposed use would not exceed the design standards of any affected street. of the 7. Section 44-1097 requires that in order to approve a conditional use permit, all required standards for approval must be met. Packet Page Number 240 of 294 This ordinance revision will go into effect after publication. RECOMMENDATION Adopt the CUP/PUD Summary Ordinance Amendment for publication purposes. Once approved by the city council, staff will publish the summary ordinance in the city’s official newspaper. p:\ planning commission\PUD Ordinance Amendment Summary Ordinance CC #3 4 10 te Attachment: 1. Conditional Use Permit/Planned Unit Development Summary Ordinance Amendment Packet Page Number 241 of 294 Attachment 1 THE FOLLOWING IS A SUMMARY OF THE MAJOR ORDINANCE REVISIONS TO THE CITY OF MAPLEWOOD CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT REQUIREMENTS ARTICLE V. CONDITIONAL USE PERMITS Sec. 44-1091. Purpose. The purpose of a conditional use permit is to provide the city with some discretion, based on specific standards, in determining the suitability of conditional uses. The city is not obligated to approve such uses. The following major ordinance changes to the conditional use permit/planned unit development ordinance were approved by the Maplewood City Council on April 12, 2010: Section 44-1092 is revised to state that the city council may issue a conditional use permit for listed uses in any zoning district in which they are not specifically prohibited. Section 44-1093 clarifies the criteria by which the city council may approve flexibility or deviation from the code requirements. Section 44-1096 recognizes that all of the city’s various advisory commissions serve to provide input to the city council when the specific proposal involves their area of expertise. Previously, the ordinance only recognized the planning commission and community design review board. Section 44-1096 also revises the notification distance for mailing public hearing notices from 350 feet to 500 feet. Section 44-1096 (a) (b) were reordered to properly reflect the project review sequence that actually takes place. Section 44-1097 (a) (5) is revised to state that one basis for approving a conditional use permit is that the proposed use would not exceed the design standards of any affected street. Section 44-1097 requires that in order to approve a conditional use permit, all of the required standards for approval must be met. Packet Page Number 242 of 294 Agenda Item I8 AGENDA REPORT TO : City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager/Public Works Director SUBJECT:Consider Authorizing Consultant Contract for Review and Evaluation of Water Utility Capital and Operating Expense DATE:April 6, 2010 INTRODUCTION Since 1997, a large majority [approximately 80%] of the residents of Maplewood have relied upon the St. Paul Regional Water Services (SPRWS) for their water supply. The remaining 20% of the residents receive water from North St. Paul or other surrounding communities. In November 2009, the City Council reviewed this report and tabled action for additional consideration by staff. This report provides additional information from the November discussion. BACKGROUND Maplewoodresidents pay more than $75 per year in extra costs [see attached chart] for their water services in comparison to Roseville residents, who receive the same water from SPRWS; however, Roseville uses a wholesale approach rather than participate as a memberof SPRWS. With over 13,000 properties within Maplewood this amounts to over $1.0 million in annual charges above similar utilities. Staff has been identifying some other costs that Maplewood tax payers are incurring that would normally be a water utility cost within the SPRWS and North St. Paul water systems. It is proposed that a consultant team be retained to review these costs, to determine if the assumptions made by the City Council in 1996 and 1997 are being borne out as reasonable, and whether some revisions to the costs incurred by Maplewood residents could be improved by a different approach to the utility system. The proposed evaluation would involve an engineering and financial audit portion to answer the basic questions regarding the costs for water service in Maplewood. Attached are two proposals from teams that could perform the service. The team of Kimley-Horn and Ehlers and Associates has proposed a work plan at a cost of $39,780, while the team of SEH and Kern DeWenter Viere, Ltd. hasproposed a work plan at a cost not to exceed $50,000. Each team proposes a slightly different approach to the proposed work items, but each is looking to provide the Council with information on whether the Maplewood residents/water users are “getting a good deal” on their water services. The City Council identified a number of concerns in November: Source of water: the source of water will not change under any proposal. Maplewood will continue to receive water from SPRWS; just account for the water differently. Expansion of staff for maintenance: SPRWS has maintained the Maplewood system both before and after the 1990’s changes. This is very unlikely to change under either accounting approach. This is a change in accounting and metering uses, not a maintenance approach revision. There may be changes in engineering, as there appears to be duplicationin engineering of projects whereby our engineers design and project and SPRWS engineers review and in some cases, add additional design to our work. Major expense: this study will identify what those expenses are and develop a plan for addressing the solution, if financially feasible. A change in accounting and authority will be a long-term plan. Change: this is a study to see if a change is warranted for consideration. No decisions are proposed as part of this action. Packet Page Number 243 of 294 WATER SYSTEM EVALUATION PAGE TWO Work Plan Staff has worked with the teams to identify a basic work plan for this analysis. The approach will involve the following work tasks: 1.Evaluation of the current costs that Maplewood residents pay for water service: a.Comparison of well based systems in surrounding communities versus surface water costs for surrounding communities and Maplewood. [A sample is attached] b.Costs incurred by Maplewood residents / taxpayers that are not covered by the water utility: i.Inspection and contract fees in improvement projects ii.Non-covered water main replacement costs on improvement projects iii.Replacement costs: 1.SPRWS has funding for CIP pipes to be replaced onceevery 135 years 2.SPRWS has no funding for DIP water pipes to be replaced 3.These costs fall to Maplewood taxpayers at this point and will exceed $330,000 on the White Bear Avenue project. iv.Maplewood residents pay a 2-5% surcharge on their water bills to help defray this cost, but this has proved to be inadequate funding. Evaluate alternatives for Maplewood water service delivery: c.Roseville buys water directly from SPRWS and provides the service as a Water utility. d.Identify operating expenses for Maplewood to move away from SPRWS e.Identify capital expenses for metering and previous investment to begin an independent utility system f.Identify replacement costs so that Maplewood taxpayers water utility costs go toward a revolving replacement fund for the installedinfrastructure. It is proposed that the consultant team explore the basis of the water utility and report to the City Council in September2010. At that time, the Council can determine if additional service and evaluation is warranted. If the questionis answered that Maplewood residents are receiving a reasonable good value for the water bill investment, the study will be ended. Otherwise, the findings will lead to additional analysis and discussions to establish an alternative approach. FINANCING It is proposed that the cost of this study be paid from the St. Paul WAC and North St. Paul WAC funds. These are funds collected as part of the water bill surcharge and returned to fund Maplewood water expenses within each system. A distribution of 80% of the study costs should come from St. Paul WAC while the remaining 20% should come from the North St. Paul WAC fund. Both funds are currently in deficit funding situations whereby additional funding is being recommended by increases in the surcharge. The relationship and ownership for replacement of water mains are providing the major emphasis for consideration of this study. The St. Paul WAC Fund and the North St. Paul WAC Fund are used to account for costs that normally would be covered by a water utility, if the City had one. These are costs outside those covered by SPRWS or North St. Paul Water Utility. Both the St. Paul WAC and the North St. Paul WAC are currently showing deficit spending. Prior to proposing rate increases to cover the deficits, the staff believes that this accounting study should be conducted to determine if an alternative approach is warranted. Without this study, the staff will proceed to consider rate increases for Maplewood residents on their water bills to cover this costs. Rate increases of 3-5% will be warranted to cover this expense. This rate increase will also be an evaluation task of the audit study. Packet Page Number 244 of 294 WATER SYSTEM EVALUATION PAGE THREE RECOMMENDATION It is recommended that the City Council approve a consultant contract with the team of Kimley-Horn and Associates / Ehlers and Associates in an amount of $39,780 for the purpose of reviewing and evaluating the water service utility expenses for operating and capital expenses incurred by Maplewood residents, and authorize the Assistant City Manager to execute said contract agreement and coordinate the study with this team. Attachments: 1.Monthly Water Cost Comparison Packet Page Number 245 of 294 Agenda Item J1 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: April 7, 2010 SUBJECT: Off-Sale Intoxicating Liquor License – Jonathan Edward Ingebretsen, New Store Manager, Costco Wholesale Liquor Introduction Jonathan Edward Ingebretsen has submitted an application as the new store manager of Costco Wholesale Liquor located at 1431 Beam Avenue. Background Mr. Ingebretsen has worked for Costco Wholesale for the last 20 years. He has been a department manager at several stores around the Chicago, IL area until his promotion to Store Manager of the Maplewood store. As required by City ordinances, the necessary background investigation was completed by the Maplewood Police Department on Mr. Ingebretsen. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the cities of Woodbury; Oak Brook, IL; Mt. Prospect, IL; Schaumburg, IL; Chicago, IL and Maplewood as well as the Counties of Washington and Ramsey. Chief Thomalla has met with Mr. Ingebretsen to discuss measures to eliminate the sale of alcoholic beverages to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. Consideration It is recommended that the City Council approve the request for change in manager by Mr. Ingebretsen at Costco Wholesale Liquor. Packet Page Number 247 of 294 Agenda Item J2 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Consider the Rezoning of Properties from M1 (light SUBJECT: manufacturing) to MU (mixed use) Located at 2055 White Bear Avenue, 2080 Prosperity Avenue and 2075 Prosperity Avenue VOTE REQUIRED: Simple Majority Required for Approval DATE: April 5, 2010 INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is the update of the city’s comprehensive land use plan required of all metro area cities every ten years. By approving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise our zoning maps and zoning ordinance controls to be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25, 2010) to make all necessary zoning map and zoning ordinance changes to coincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan. Proposal One such rezoning would be for the properties located at 2055 White Bear Avenue (the Maplewood Industrial Center), 2080 Prosperity Avenue (a single dwelling) and 2075 Prosperity Avenue (Excel Air Systems). These properties are currently zoned M1 (light manufacturing). The recently approved land use classification for these properties is MU (mixed use). State law requires that the city council change the zoning to MU to match the mixed use land use plan designation. Refer to the maps. Request Rezone the above properties from M1 to MU. BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 Comprehensive Plan. On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. Packet Page Number 248 of 294 DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning controls within nine months of their adopting their revised comprehensive land use plan. As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Mixed Use? The reclassification to mixed use provides the framework for redevelopment with a mixture of land uses which would be mutually compatible and in character with the surrounding neighborhood. Grandfathered Uses Residents have asked what would happen to their properties when this rezoning takes place. All existing homes and businesses could remain as they are and this rezoning would not affect the use of their properties. The existing uses would become “grandfathered in,” or in the terms of the zoning ordinance, would become “legal nonconforming uses.” Legal nonconforming uses may remain in place until the property owners propose a change to something else. At that time, they would need to comply with the requirements of the MU zoning ordinance. Single dwellings are specifically allowed to remain and may be enlarged. The MU ordinance allows the expansion of single dwellings. It provides that “any pre-existing conforming or nonconforming single or double-dwelling residential use or structure which would become nonconforming by adoption of the mixed-use zoning district may be expanded, extended or intensified so long as such expansion, extension or intensification would be permitted under the single-dwelling residential district or double- dwelling residential district and/or the mixed-use zoning district.” Therefore, a homeowner could add onto their house or garage without any zoning-related issues other than meeting all setback and size requirements. Property Tax Impact Residents have asked what would happen to their property taxes if their zoning changed to mixed use. The Ramsey County Tax Assessor’s office stated that: “Zoning has no affect on property tax. Tax classifications are based on the current use of the property, not on the zoning. The tax classification, along with the market value is used to calculate taxes. If the current use is continued, the tax classification will not change. So, zoning changes will not affect taxes.” 2095 Prosperity Avenue—Low Density Residential Land Use Classification An adjacent parcel, 2095 Prosperity Avenue, is zoned M1 like those discussed in this report. The council, however, reguided this parcel from light manufacturing to LDR (low density residential) since it is developed with a single family home. This property will Packet Page Number 249 of 294 need to be rezoned to R1 (single dwelling residential) or R2 (double dwelling residential) for consistency with the comprehensive land use plan. Staff scheduled a public hearing for the planning commission to consider that rezoning on April 6, 2010. Conclusion State statute requires that the city revise the zoning map to MU to match the newly adopted mixed-use land use classification. Therefore, staff is recommending the city council revise the zoning map accordingly. COMMISSION ACTIONS March 16, 2010: The planning commission recommended approval of this rezoning. RECOMMENDATION Approve the rezoning of the properties located at 2055 White Bear Avenue, 2080 Prosperity Avenue and 2075 Prosperity Avenue from M1 (light manufacturing) to MU (mixed use). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. Packet Page Number 250 of 294 REFERENCE SITE DESCRIPTION Site Size: 23.11 acres Existing Uses: Maplewood Industrial Center, single dwelling and Excel Air Systems SURROUNDING LAND USES North: Single dwellings South: Gateway Trail East: Maplewood Community Center and the Ramsey County District Court building West: Single dwellings and John Glenn Middle School PLANNING Land Use Plan Designation: R1 Zoning: M1—existing; MU—proposed p:Compplan\zoning follow-up to 2030 Plan\rezoning to MU West of MCC CC report 4 10 te Attachments: 1. Location Map 2. Land Use Map 3. Zoning Map 4. Arial Photo 5. Rezoning Resolution Packet Page Number 251 of 294 Attachment 1 Packet Page Number 252 of 294 Attachment 2 /)2;33((6) )0178 (-)8)678 Packet Page Number 253 of 294 Attachment 3 Packet Page Number 254 of 294 Attachment 4 Packet Page Number 255 of 294 Attachment 5 REZONING RESOLUTION WHEREAS , the City of Maplewood City Staff proposed a change to the city's zoning map from M1 (light manufacturing) to MU (mixed use); WHEREAS , this zoning map change applies to the properties located at 2055 White Bear Avenue, 2080 Prosperity Avenue and 2075 Prosperity Avenue. The property identification numbers identifying the affected properties are: PIN 15-29-22-11-0047; PIN 15-29-22-11-0050; PIN 15-29-22-11-0049; PIN 15-29-22-12-0030; WHEREAS , On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to MU. WHEREAS , Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1. On March 16, 2010, the planning commission held a public hearing to consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On __________, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council approved this resolution on ______, 2010. Packet Page Number 256 of 294 Agenda Item J3 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Consider the Rezoning of the Town & Country Manufactured SUBJECT: Home Park and adjacent vacant properties from F (farm residential), R1 (single dwelling residential) and M1 (light manufacturing) to R3 (multiple dwelling residential). LOCATION: Southwest of County Road C and Highway 61 VOTE REQUIRED: Simple Majority Required for Approval DATE: April 7, 2010 INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is the update of the city’s comprehensive land use plan required of all metro area cities every ten years. By approving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise our zoning map and zoning ordinance controls to be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25, 2010) to make all necessary zoning map and zoning ordinance changes to coincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan. Proposal One such rezoning would be for the properties located on the west side of Highway 61, south of the homes at 1094 to 1122 County Road C from F (farm residential), R1 (single- dwelling residential) and M1 (light manufacturing) to R3 (multiple-dwelling residential). This rezoning includes the Town & Country Manufactured Home Park and the three properties to the north. Refer to the maps. The manufactured home park had been guided for medium density residential prior to the council’s adoption of the new 2030 Comprehensive Plan. During the 2030 Comprehensive Plan adoption, however, the council reclassified the three abutting undeveloped properties from M1 to MDR (medium density residential). The result is that the city council now needs to rezone all affected parcels to R3. As stated above, there are three existing zonings, F, R1 and M1, to be changed to R3. Request Rezone the above described properties from F, R1 and M1 to R3. Packet Page Number 257 of 294 BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 Comprehensive Plan. On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning controls within nine months of their adopting their revised comprehensive land use plan. As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Multiple Dwelling? During the city council’s review of the 2030 Comprehensive Plan update, a neighboring resident requested that the council reclassify the three vacant lots behind his home to multiple-dwelling residential, feeling that multi-family residential development would be more compatible than a commercial or manufacturing use. The city council agreed and reguided these properties to medium density residential. Allowed Density with Medium Density Residential Land Use & R3 Zoning The planning commission discussed what the allowed density be would for the undeveloped lots under consideration for R3 zoning. The comprehensive plan now determines density calculations on a “net” acreage basis. For the three vacant lots in question, the gross acreage is 9.59 acres. Subtracting out the wetlands (approximately one third) would leave a net acreage of six acres of land. This is an approximation since the net acreage would have to be determined based on wetland delineation information and potential street construction. The planning commission discussed various types of development potential: small-lot single dwellings, double dwellings, town homes and apartments. First, it should be understood that, no matter what style of development is proposed, the land use plan limits allowed density to a range of 6.1 to 10 units per acre. At a calculated, six net acres of land times the maximum of 10 units per acre, this land could support up to 60 housing units. Small-lot single dwelling lots (7,500 square feet per lot minimum) and double dwelling lots (12,000 square feet per lot minimum) would yield about 22 units of small-lot single dwellings and 35 double dwellings. (Keep in mind that these numbers are high since streets must be constructed to these potential lots further reducing the net acres.) Town homes and apartments could be clustered in a manner to yield the estimated 60 units. Packet Page Number 258 of 294 Property Tax Impact Residents have asked what would happen to their property taxes if their zoning changed. The Ramsey County Tax Assessor’s office stated that: “Zoning has no affect on property tax. Tax classifications are based on the current use of the property, not on the zoning. The tax classification, along with the market value is used to calculate taxes. If the current use is continued, the tax classification will not change. So, zoning changes will not affect taxes.” Conclusion State statute requires that the city revise the zoning map to R3 to match the newly adopted medium density residential classification on the comprehensive plan. Therefore, staff is recommending the city council revise the zoning map accordingly. COMMISSION ACTIONS March 16, 2010: The planning commission recommended approval of this proposed rezoning. RECOMMENDATION Approve the rezoning of the properties located on the west side of Highway 61, south of the homes at 1094 to 1122 County Road C, including the Town & Country Manufactured Home Park, from F (farm residential), R1 (single-dwelling residential) and M1 (light manufacturing) to R3 (multiple-dwelling residential). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. Packet Page Number 259 of 294 REFERENCE SITE DESCRIPTION Site Size: 21.41 acres Existing Uses: Town & Country Manufactured Home Park and vacant land SURROUNDING LAND USES North: Single dwellings and Kohlman Park South: Single dwellings and Hmong American Alliance Church East: Park and Ride parking lot West: Single dwellings and Kohlman Park PLANNING Land Use Plan Designation: Medium Density Residential Zoning: F, R1 and M1—existing; R3—proposed p:Compplan\zoning follow-up to 2030 Plan\rezoning to R3 61 and C neighborhood CC report 4 10 #3 te Attachments: 1. Location Map 2. Land Use Map 3. Zoning Map 4. Arial Photo 5. Wetland Map 6. Rezoning Resolution Packet Page Number 260 of 294 Attachment 1 Packet Page Number 261 of 294 Attachment 2 )0178 Packet Page Number 262 of 294 ,)11-2+;%=86 Attachment 3 Packet Page Number 263 of 294 Attachment 4 Packet Page Number 264 of 294 Attachment 5 Packet Page Number 265 of 294 Attachment 6 REZONING RESOLUTION WHEREAS , the City of Maplewood City Staff proposed a change to the city's zoning map from F (farm residential), R1 (single dwelling residential) and M1 (light manufacturing) to R3 (multiple dwelling residential); WHEREAS , this zoning map change applies to properties located on the west side of Highway 61, south of the homes at 1094 to 1122 County Road C and the Town & Country Manufactured Home Park. The property identification numbers identifying the affected properties are: PIN 09-29-22-12-0012; PIN 09-29-22-12-0009; PIN 09-29-22-12-0010; PIN 09-29-22-12-0011; PIN 09-29-22-21-0002; WHEREAS , On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to R3. WHEREAS , Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1. On March 16, 2010, the planning commission held a public hearing to consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On __________, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council approved this resolution on ______, 2010. Packet Page Number 266 of 294 Agenda Item J4 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Deputy Public Works Director Lois Knutson, Administrative Assistant SUBJECT: Resolution Requesting the Metropolitan Council to Study Fixed Bus Routes to Better Serve Maplewood and Surrounding Communities DATE: March 24, 2010 INTRODUCTION Northeast Suburban Transit (NEST) has been providing dial-a-ride services for the communities of Maplewood, Oakdale and North St. Paul for more than two decades. NEST will no longer be providing these services effective at the end of March. The three cities will be switching to a different provider, Transit Link. Transit Link is a service of the Metropolitan Council, the regional planning agency for the seven county Twin Cities metropolitan area. Unlike with NEST, the cities will no longer have a financial obligation with Transit Link. DISCUSSION Transit Link does not provide the same pick-up services that NEST did, and that will undoubtedly affect area seniors and other non-drivers. Residents in Oakdale, Maplewood or North St. Paul were previously able to call NEST and have a shuttle pick them up at their homes. Transit Link will provide service to riders who live more than a quarter mile from a main bus line in the winter and more than one half mile from a main line during the summer. A trip less than 10 miles is $2.25 each way, between 10 and 20 miles is $4.50 each way, and more than 20 miles is $6.75 each way. Transit Link is for trips that can’t be accomplished on regular transit routes alone, and may combine regular route and Transit Link service. Metro Mobility will continue to provide service for riders who are unable to use regular fixed-route buses due to a disability or health condition. Eligibility for this service is determined by the Federal Americans with Disabilities Act (ADA) guidelines. In an attempt to try to lessen the impact of the transition from NEST to Transit Link on the residents, the City of North St. Paul has approved a resolution requesting the Metropolitan Council to restructure fixed route 219. The City of North St. Paul is requesting that the cities of Maplewood and Oakdale support a similar resolution request. Route 219 services multiple communities on the eastern side of the Twin Cities, with stops at Maplewood Mall, Century College, North St. Paul Community Center, Oakdale City Hall and Sun Ray Shopping Center. The City of Maplewood is also serviced by other local bus routes including route 64 and route 80. BUDGET IMPACT The cities were subsidizing the NEST transportation service with municipal money. North St. Paul was spending an average of $11,000 a year, Oakdale was spending an average of $27,000 per year, and Maplewood was spending an average of $30,000 per year. The cities will have no financial obligation with Transit Link. Packet Page Number 267 of 294 Agenda Item J4 RECOMMENDATION It is recommended that the council approve the attached Resolution Requesting the Metropolitan Council to Study the Possible Restructuring of Fixed Bus Routes to Better Serve North St. Paul, Oakdale and Maplewood. Attachments: 1. Resolution 2. Route Maps Packet Page Number 268 of 294 Agenda Item J4 Atttachment 1 CITY OF MAPLEWOOD RESOLUTION NO. ___________ RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO STUDY THE POSSIBLE RESTRUCTURING OF FIXED BUS ROUTES TO BETTER SERVE THE COMMUNITIES OF NORTH ST. PAUL, OAKDALE AND MAPLEWOOD WHEREAS, Northeast Suburban Transit (NEST) has been serving the communities of North St. Paul, Oakdale and Maplewood since its inception in 1987; and WHEREAS, with the transfer of service from NEST to Transit Link when the NEST service ended on March 31, 2010; and WHEREAS, research shows that the new distance rule of one quarter mile in the winter and one half mile in the summer will impact many elderly residents, and when mapped out that distance will eliminate the ability of many of the elderly in our city the opportunity to qualify for the new Transit Link Service; and WHEREAS, fixed routes servicing the residents of Maplewood, including routes 64, 80, and 219, could potentially be better designed by linking senior housing areas to shopping and medical destinations to lessen the loss of dial-a-ride service, which will happen in our community with Transit Link; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood: 1. It hereby requests that the Metropolitan Council study fixed routes 64 and 80 to understand if alternate routes could better service the community of Maplewood; and 2. Also requests that the Metropolitan Council study fixed route 219 to understand if an alternate route could better service the communities of North St. Paul, Oakdale, and Maplewood. th Adopted this 12 day of April, 2010. Packet Page Number 269 of 294 Agenda Item J4 Attachment 2 Packet Page Number 270 of 294 Agenda Item J4 Attachment 2 Packet Page Number 271 of 294 Agenda Item J4 Attachment 2 Packet Page Number 272 of 294 Agenda Item J5 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer I SUBJECT:Hills and Dales Area Street Improvements, Project 09-15, Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 10, 2010 DATE: March 29, 2010 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are being advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Tuesday, May 4, 2010 at City Hall. The next step in the improvement process is to approve and accept the assessment roll, and call for an assessment hearing.The award of bid would be considered by the city council at the May 10, 2010 city council meeting after the assessment hearing is conducted. BACKGROUND Special assessment rates related to the street improvements are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city’s pavement management policy. However, the amount assessed must provide a benefit to the property in the assessed amount. The method of assessment is the same as was outlined in the feasibility study. The proposed assessments will be for costs relating to the street and storm utility improvements to the benefiting properties abutting the project streets. The assessments for the street and storm are shown below: Residential Rates: $4,950 / unit for partial street reconstruction (replacing/repairing existing concrete curb and gutter) $6,600 / unit for full street reconstruction (adding concrete curb and gutter) $1,090 / unit for storm sewer assessment (one-time assessment) Multi-Family Rates: $99 / front-foot for partial street reconstruction (replacing/repairing existing concrete curb and gutter) $132 / front-foot for full street reconstruction (adding concrete curb and gutter) $21.80 / front-foot for storm sewer assessment (one-time assessment) There are 337 assessable residential units within the project area. There are 2 multi-family lots, each with apartment buildings, which will be assessed on a front footage basis. Properties located on Cope Court and Atlantic Street north of Cope Court with existing concrete curb and gutter will be assessed at the partial reconstruction amount. Properties on streets without existing concrete curb and gutter, all project streets except Cope Court and Atlantic Street north of Cope Court, will be assessed at the full reconstruction amount. There are 195 properties that will be assessed the one-time storm sewer assessment as part of this project. All properties previously fully assessed for storm sewer as part of past projects will not be assessed for storm sewer as it is a one-time assessment. Packet Page Number 273 of 294 Agenda Item J5 DISCUSSION Currently the project streets are in disrepair and there is little to no treatment of stormwater. The streets are to be reconstructed and the proposed street widths and alignments are to match existing widths and alignments. All streets are proposed to have concrete curb and gutter. Drainage improvements are proposed to better capture street runoff and provide water quality treatment of the neighborhood runoff. A combination of rain gardens, filtration basins, and sump structures will provide the needed treatment. The project involves the reconstruction of approximately 4 miles of residential street with associated expansion of the storm sewer network, sanitary sewer main repairs, water main replacements, and storm water treatment. The proposed assessments for the Hills and Dales Area Street Improvements total $2,790,882.48. A copy of the pending assessment roll is provided as a supplement to this report. PROJECT BUDGET The project costs and funding sources, as outlined in the feasibility study, are still in order. Staff has added Bid Alternates for an alternative storm sewer design, sanitary sewer lining, and utilizing reinforced concrete pipe in lieu of high density polyethylene pipe. Prior to the council considering th awarding of bid on May 10, staff will review the results of the Bid Alternates and make a recommendation if a project budget adjustment is required. ESTIMATED PROJECT COST SUMMARY AREA #1 AREA #2 TOTAL % OF TOTAL PROPOSED IMPROVEMENTS AMOUNTAMOUNTAMOUNTPROJECT STREET IMPROVEMENTS$4,420,033$1,322,426$5,742,45973% DRAINAGE IMPROVEMENTS$982,623$292,463$1,275,08616% SANITARY SEWER IMPROVMENTS$318,470$109,594$428,0646% WATER SYSTEM IMPROVEMENTS$269,505$40,973$310,4784% DRIVEWAY REPLACEMENT PROGRAM$60,000$20,000$80,0001% TOTAL ESTIMATE OF PROJECT COSTS$6,050,631$1,785,456$7,836,087100% FINANCING PLAN TOTAL % OF TOTAL AMOUNTPROJECT FUNDING SOURCE G.O. IMPROVEMENT BONDS$3,166,12240% SANITARY SEWER FUND$428,0645% ENVIRONMENTAL UTILITY FUND$1,060,54114% STORM SEWER ASSESSMENTS$213,8223% STREET ASSESSMENTS$2,577,06133% ST. PAUL WATER$209,1023% W.A.C. FUND$101,3761% DRIVEWAY REPLACEMENT PROGRAM$80,0001% TOTAL FUNDING$7,836,087100% Packet Page Number 274 of 294 Agenda Item J5 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Hills and Dales Area Street Improvements, Project 09-15: Accepting Assessment Roll and Ordering Assessment Hearing for May 10, 2010. Attachments 1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 2. Location Map 3. Pending Assessment Roll Packet Page Number 275 of 294 Agenda Item J5 Attachment 1 RESOLUTION ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 10th day of May 2010, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Packet Page Number 276 of 294 Agenda Item J5 Attachment 2 Packet Page Number 277 of 294 Agenda Item J5 Attachment 2 Packet Page Number 278 of 294 Agenda Item J5 Attachment 3 Packet Page Number 279 of 294 Agenda Item J5 Attachment 3 Packet Page Number 280 of 294 Agenda Item J5 Attachment 3 Packet Page Number 281 of 294 Agenda Item J5 Attachment 3 Packet Page Number 282 of 294 Agenda Item J5 Attachment 3 Packet Page Number 283 of 294 Agenda Item J5 Attachment 3 Packet Page Number 284 of 294 Agenda Item J5 Attachment 3 Packet Page Number 285 of 294 Agenda Item J6 a & b Agenda Report TO: James W. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: April 7, 2010 RE: Commissioner Term Expiration Dates INTRODUCTION During the last appointment process, the Council asked staff to look into staggering the term expiration dates throughout the year for the commission and board members. This is preferred as the current process has the majority of the terms expiring at theend of the year, creating a need for a large number of interviews to take place in a small amount of time. The current schedulealso coincides with budget discussions, making workshop schedules very busy. Staggering the term expiration dates will allow the Council to spread the interviews throughout the year and for vacancies to be filled in a timeliermanner. The City Council also requested to change term lengths to be 3 years, if possible, to simplify appointments. BACKGROUND In response to this request, staff has researched each of the commission and board governing ordinances to determine how term lengths and term expiration dates are determined. In order to make the necessary changesspecifiedby the Council, staff discovered that some ordinances will have to be amended. Three of the commissions are governed by state statute andcertain aspects of their terms cannot be changed. Below is a breakdown of each commission and board and how they would be affected by the proposed changes. It is proposed that the term expiration dates be staggered as follows: Terms to expire April 30 Community Design Review Board Historical Preservation Commission Park & Recreation Commission Terms to expire September 30 Environmental & Natural Resources Housing Redevelopment Authority Business & Economic Development Commission Terms to expire December 31 Planning Commission Police Civil Service Commission Changes Proposed: Business & Economic Development Commission The ordinance governing this commission is inaccordance with the City Council’s specifications and requires no changes to the ordinance or the term expiration dates. Packet Page Number 286 of 294 Agenda Item J6 a & b Community Design Review Board Current City Code does not specify when a term has to expire during the year. Therefore, the City Council has the authority to change the term expiration date without a violation of city code. However, City Code does state that the term lengths be two (2) years in length (City CodeSec. 2-283).A revision to the currentordinance is required in order to change the term length to three years. Attached is a proposed ordinance that would make this change. Once the ordinance amendment is approved, the City Council can choose to approvethe attached resolution to change the board member term expiration datesto: Current Proposed Matt Ledvina January 1, 2011April 30, 2011 Michael Mireau January 1, 2012April 30, 2012 Ananth Shankar January 1, 2012April 30, 2012 Matt Wise January 1, 2012April 30, 2012 Jason Lamers January 1, 2012April 30, 2012 Environmental & Natural Resources Commission Current City Code does not specify when a term has to expire during the year. Therefore, the City Council has the authority to change the term expiration date without a violation of city code. This ordinance also states that term lengths will be for 3 years, which is accordance with the desired term length. The City Council can choose to approve the attached resolution to change the commissionerterm expiration dates to: Current Proposed Judith JohannessenDecember 31, 2010September 30, 2010 Bill Schriener December 31, 2010September 30, 2010 Dale Trippler December 31, 2011September 30, 2011 Carole Lynne December 31, 2012September 30, 2012 Carol Mason SherrillDecember 31, 2012September30, 2012 Ginny Yingling December 31, 2012September 30, 2012 Randee EdmundsonSeptember 30, 2012NO CHANGE Historical Preservation Commission City CodeSec. 2-90specifies that the terms are to expire on December 31. A revision to the current ordinanceis required in order toeliminate this requirement. The specific verbiage pertaining to this change is outlined in the attached proposed ordinance. The current code states that term lengths are three years. This is in accordance with the Council’s direction. Once the ordinance amendment is approved,the City Council can choose to approve the attached resolution to change the commissioner term expiration dates to: Current Proposed Caleb Anderson December 31,2010 April 30, 2011 Peter Boulay December 31,2010April 30, 2011 Ron Cockriel December 31,2010April 30, 2011 Al Galbraith December 31,2010April 30, 2011 Lucille Aurelius December 31, 2011April 30, 2012 Robert Creager December 31, 2011April 30, 2012 Richard Currie December 31, 2011 April 30, 2012 Packet Page Number 287 of 294 Agenda Item J6 a & b Housing Redevelopment Authority The Housing Redevelopment Authority is governed by a State Statute. This statute does not specify when the term must expire during the year but does state that the term length must be assigned for 5 years. Therefore no changes can be made to the term length. The City Council can choose to approve the attached resolution to change the commissioner term expiration dates to: Current Proposed Je Moua February 25, 2011September30, 2011 Gary Pearson September 25, 2011September30, 2011 Colleen ThompsonSeptember 25, 2011September30, 2011 Joy Tkachuck September 25, 2011September30, 2011 Beth Ulrich September 25, 2011September30, 2011 Park & Recreation Commission st City CodeSec. 26-32specifies that the City Council shall appoint commissioners at the 1 meeting of the year for three year terms. A revision to the current ordinance is required in order to remove the requirement of making appointments at the first meeting of the year. Please see the attached ordinance for the proposed changes. Once the amendment is approved, the City Council can choose to approve the attached resolution to change the commissioner term expiration dates to: Current Proposed Peter Fischer December31, 2010April 30, 2011 Carolyn Peterson December 31, 2010April 30, 2011 Craig Brannon December 31, 2010April 30, 2011 Daniel Maas December 31, 2011April 30, 2012 Therese Sonnek December 31, 2011April 30, 2012 Donald ChristiansonDecember 31,2011April 30, 2012 Mary Mackey December 31, 2011April 30, 2012 Bruce Roman December 31, 2012April 30, 2013 Kim Schmidt December 31, 2012April 30, 2013 Planning Commission State Statute determines the term lengths and when the terms expire. Nochanges are recommended. Police Civil Service Commission State Statute determines the term lengths and when the terms expire. No changes are recommended. SUMMARY As mentioned earlier in the report, staff has prepared aproposed ordinance to make amendments to the Community Design Review Board, Historical Preservation Commission and the Park & Recreation Commission ordinances. The proposed ordinance is attached to this report. Also attached is the proposed resolution to change the term expiration dates listed above. This information has been presented to affected commissions through the staff liaisons and staff received no negative feedback. During the process of researching this topic, it is also noted that some commissions and boards do not have the commissioner/board member terms staggered within the commission and board. This is resulting a large turn over during one year, in some cases a complete turn over, within the commission or board. Staff will recommend that the Council stagger the terms when the current terms expire. Packet Page Number 288 of 294 Agenda Item J6 a & b RECOMMENDATION Staff is recommending that the City Council approve the proposed ordinance making revisions to the city ordinances for the Community Design Review Board, Historical Preservation Commission and the Park & Recreation Commission. Staff would recommend that the Council nd wave the 2reading of this ordinance since the proposed changes are administrative changes only. Ifthe Council chooses to approvethe proposed ordinance, staff would then recommend the approval of the attached resolution, which staggers the commission and board member term expiration dates. Attachments: 1.Ordinance Amending the Historical Preservation Commission, Community Design Review Board and Park &Recreation Commission Ordinances – First Reading 2.Resolution Changing Commission and Board Member Term Expiration Dates Packet Page Number 289 of 294 Agenda Item J6 Attachment 1 AN ORDINANCE AMENDING THEHISTORICAL PRESERVATION COMMISSION, COMMUNITY DESIGN REVIEW BOARD,AND PARK & RECREATION COMMISSION ORDINANCES THE CITY COUNCIL OF THE CITY OF MAPLEWOODDOES HEREIN ORDAIN: City CodeSec. 2-90is hereby amended to read as follows: Section 2-90. Composition; Appointment; Qualifications; Terms. (a) The Historical Commission shall be composed of 7 members appointed by the City Council, who shall be residents of the City, and shall be selected to assure that the Commission is representative of the various areas of the City and responsive to the needs of the people. Commission membership shall be drawn from persons with demonstrated interest and/or expertise in historic preservation. If available in the community, at least two members of the Commission shall be preservation-related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate, design, building trades, landscape architecture, or law). If available, one member of the Commission must be a designated representative of the Ramsey County Historical Society, or the City will pay for a membership for the Commission Chairperson. Specific disciplines and professional qualifications must be represented on the Commission (or professional expertise must be sought) when the Commission is considering nominations to the National Register of Historic Places (see Section X=XX, part x, for the nomination process) and other actions that will impact properties which are normally evaluated by a professional in such a discipline. The City of Maplewood will advertise for nominations to fill vacancies on the Commission. The Commission members will interview nominees and recommend new members to the City Council based on the following factors: (1) interest and/or experience in history and historic preservation; (2) if possible, a resident from an area of the city (West, North/Central, South) that has a vacancy on the Commission; otherwise, an “at large” member; (3) if possible, a resident who represents specific disciplines or professional qualifications (as noted above) if such vacancies exist on the Commission. The unexpired portion of the year in which appointments are made shall be considered as one year. All terms shall expire on December 31 of the year in which the appointment terminates. As the terms expire, all appointments thereafter shall be for a term of 3 years. After the terms of the current members expire, all appointments and reappointments shall be three- year appointments. appointments shall be assigned by the city council for a term of three years. Packet Page Number 290 of 294 Agenda Item J6 Attachment 1 City CodeSec. 2-283is hereby amendedto read as follows: Sec. 2-283. Membership. (a) The community design review board shall consist of five members. The city council shall .Each appoint all members of the boardto serve staggered three-year terms appointment shall be for a two-year term. (b) Council-appointed members shall be as follows: (1) Two architects shall be appointed, if available to serve. architects, interior designers, planners, civil engineers, contractors, appraisers, realtors, etc. (3) All of the members appointed pursuant to subsection (b)(1) or (2) of this section shall, if applicable, be registered and licensed to practice in the state. (4) At least two members of the community design review board shall be laypersons. citizen (c) All members shall be able to read and interpret architectural drawings and to judge the effect of a proposed building, structure or sign upon the surrounding community. (d) The director of community developmentcity plannershall serve as secretary staff liaisonof tothe board and shall have no voting status. City CodeSec. 26-32is hereby amended to read as follows: appointments shall be for a term of three years., and the appointments shall be made at the first council meeting of each year. The city council approved the first reading of this ordinance on April 12, 2010. The city council waived the second reading of this ordinance _______________________________ Will Rossbach, Mayor Attest: ________________________________ Karen Guilfoile, City Clerk Packet Page Number 291 of 294 Agenda Item J6 Attachment 2 RESOLUTION CHANGING TERM EXPIRATION DATES FOR COMMISSION AND BOARD MEMBERS WHEREAS, theCity of Maplewood City Council has stated a needto stagger the term expiration dates of Maplewood commissions and boards, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: The commissioner and board member term expiration dates be as follows: Community Design Review Board Matt Ledvina April 30, 2011 Michael Mireau April 30, 2012 Ananth Shankar April 30, 2012 MattWise April 30, 2012 Jason Lamers April 30, 2012 Environmental & Natural Resources Commission Judith Johannessen September 30, 2010 Bill Schriener September 30, 2010 Dale Trippler September 30, 2011 Carole Lynne September 30, 2012 Carol Mason Sherrill September 30, 2012 Ginny Yingling September 30, 2012 Historical Preservation Commission Caleb Anderson April 30, 2011 Peter Boulay April 30, 2011 Ron Cockriel April 30, 2011 Al Galbraith April 30, 2011 Lucille Aurelius April 30, 2012 Robert Creager April 30, 2012 Richard Currie April 30, 2012 Housing Redevelopment Authority Je Moua September30, 2011 Gary Pearson September30, 2011 Colleen Thompson September30, 2011 Joy Tkachuck September30, 2011 Beth Ulrich September30, 2011 Park& Recreation Commission Peter Fischer April 30, 2011 Carolyn Peterson April 30, 2011 Craig Brannon April 30, 2011 Daniel Maas April 30, 2012 Therese Sonnek April 30, 2012 Donald Christianson April 30, 2012 Mary Mackey April 30, 2012 Bruce Roman April 30, 2013 Kim Schmidt April 30, 2013 Packet Page Number 292 of 294 1 MEMORANDUM TO FROM: DATE: RE: Background , Consideration Resolution Establishing City Council Three Year Goals WHEREAS Goal Number 1 - Restore Reputation of Maplewood Re-establish Maplewood’s reputation as an attractive, viable community with good management, financial stability, sensible leadership with professional and dedicated staff. Goal Number 2 - Good Government Make Maplewood city government transparent and accessible; operate within an environment of efficiency and mutual respect. Take steps to restore trust and respect between the citizens, staff and elected officials. Packet Page Number 293 of 294 Goal Number 3 - Parks and Recreation Department Re-establish a Parks and Recreation Department using input from citizen surveys; revitalize leadership, establish new direction, program determination/stabilization, and possible joint venture with neighboring communities. Goal Number 4 - Environmental Planning Further develop processes for “going green,” sustainability. Goal Number 5 - Fiscal Responsibility Manage the city’s finances and financial planning effectively with an eye to providing stability and maximum value in the long term for our citizens. Goal Number 6 - Infrastructure Complete infrastructure upgrades. Goal Number 7 - Redevelopment Plan Create and commit to a redevelopment plan for the city through prioritizing and updating the Master Plan. WHEREAS NOW, THEREFORE, BE IT RESOLVED, Mayor Will Rossbach Karen Guilfoile City Clerk Packet Page Number 294 of 294