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Home My WebLink About2010 06-14 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,June 14,2010 City Hall, Council Chambers Meeting No. 13-10 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE 1.Acknowledgementof Maplewood Residents Serving the Country. C.ROLL CALL Mayor’s Address on Protocol: “Welcome tothe 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 May 24, 2010, City Council Workshop Minutes 2.Approval of May 24, 2010, City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Swearing In of New Police Officers Aaron Slinger & Katherine Lynch (No Report) 2.Promotion of Sergeant Michael Nye (No Report) 3.Awarding of Military Order of the Purple Heart National Law Enforcement Citation to Officer JulieOlson (No Report) 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 as a separate item. 1.Approval Of Claims 2.Conditional Use Permit Review – Sandy Lake Materials Storage and Recycling, County Road B West of I-35E 3.Reconsideration of the Rezoning of the Lots Fronting on Dorland Road, Heights Avenue and Overlook Circle from E1 (Single Dwelling Residential) to R-1R (Rural Conservation Dwelling District) 4.Spring 2010 Clean-Up Event Summary 5.Resolution Approving Donation of Computer from Target Corporation 6.Hills and Dales Area Street Improvements, Project 09-15, Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 7.Hills and Dales Area Street Improvements, Project 09-15, Approval of Cost Share Agreement with the Ramsey-Washington Metro Watershed District 8.Hills and Dales Area Street Improvements, Project 09-15, 1240 BelmontLane– Sanitary Sewer Service Reimbursement Recommendation 9.Hills and Dales Area Street Improvements, Project 09-15, Approval of Memorandum of Understanding: Right of Entry Agreement with Ramsey County Parks and Recreation 10.White Bear Avenue/County Road D Improvements, Project 08-13, Resolution Accepting Roll and Ordering Assessment Hearing H.PUBLIC HEARINGS 1.Historical Preservation Ordinance Amendments – Consider Approval of the First Reading - 7:00 p.m. I.UNFINISHED BUSINESS 1.Consider Calling Special Council Manager Works Sessions for the Purpose of Reviewing and Discussing Options for the 2011 Budget and 2011 – 2015 Capital Improvement Plan a.Tuesday, July 6, 2010 at 4:30 p.m. b.Thursday, July 15, 2010 at 5:15 p.m. 2.Stormwater Ordinance – Second Reading 3.Economic Development Authority a.Adoption of Rules of Procedure b.Election of Officers c. BEDC Update 4.Ordinance Prohibiting Certain Conduct Related to Motor Vehicles 5.Fish Creek Estates – Approval to Proceed with Property Negotiations J.NEW BUSINESS 1.Rezoning of the Undeveloped Mogren Property Southwest of White Bear Avenue and County Road C from F (Farm Residential) to BC (Business Commercial) 2.Rezoning of the Vacant Property South of Lower Afton Road and West of the Fire Station from F (Farm Residential) to R3 (Multi-Family Residential) 3.Rice/36 Interchange Improvements, Project 09-07 a.Approval of Traffic Signal Maintenance Agreement with Ramsey County b.Approval of Cooperative Agreement (PW 2010-15) with Ramsey County c. Approval of No Parking Resolution K.VISITOR PRESENTATIONS L.AWARDOF BIDS M.ADMINISTRATIVE PRESENTATIONS 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 CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings – elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 p.m., Monday,May 24, 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 5:15p.m.by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present at 5:57 p.m. Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present C.APPROVAL OF AGENDA CouncilmemberNephewmoved to approve the agenda as submitted. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. D.UNFINISHED BUSINESS 1.Review of 2011 Budget and 2011-2015 Capital Improvement Process(CIP) a.Assistant City Manager, Public Works Director, Chuck Ahlgave the report on the 2011 Budget and the CIP process for 2011 thru 2015and answered questions of the council. b.City Manager, James Antonen addressed and answered questions of the council. E.NEW BUSINESS 1.Dedication of Veterans Plaque – 6:30 p.m. F. ADJOURNMENT Mayor Rossbachadjourned the meeting at 6:26 p.m. for the dedication of the Veterans Plaque. May 24, 2010 1 City Council Manager Workshop Minutes PacketPageNumber3of213 Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday,May 24, 2010 Council Chambers, City Hall Meeting No.11-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 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 Julie Wasiluk, Councilmember Present D. APPROVAL OF AGENDA CouncilmemberNephewmoved to approve the agenda as submitted. Seconded by Councilmember Wasiluk. Ayes – All The motion passed. E. APPROVAL OF MINUTES 1.Approval of May 10, 2010, City Council Workshop Minutes Councilmember Nephewmoved toapprove the May 10, 2010, City Council Workshop Minutes as submitted. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 2.Approval of May 10, 2010, City Council Meeting Minutes Councilmember Wasilukmoved toapprove the May 10, 2010, City Council Meeting Minutes as submitted. Seconded by Mayor Rossbach. Ayes – All The motion passed. May 24, 2010 PacketPageNumber4of213 1 City Council MeetingMinutes F. APPOINTMENTS AND PRESENTATIONS 1.Presentation on Project Retrofit by Ramsey Conservation District a.Assistant City Manager, Public Works Director, Chuck Ahl introduced the item and the speaker Mr. Shaun Tracy b.Mr. Shaun Tracy,Landscape Reservation Ecologistgave a presentation on Project Retrofit for Ramsey Conservation District. G. CONSENT AGENDA 1.Mayor Rossbachmoved to approve items 1-13. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 1. Approval of Claims Mayor Rossbachmoved Approval of Claims. ACCOUNTS PAYABLE: $ 209,255.82Checks # 81242thru # 81295 Dated 05/03/10 thru 05/11/10 $ 356,259.27 Disbursements via debits to checking account Dated 04/03/10 thru 05/07/10 $ 52,449.80Checks # 81296 thru # 81338 Dated 05/13/10 thru 05/18/10 $ 150,405.93 Disbursements via debits to checking account Dated 05/07/10 thru 05/14/10 __________________ $ 768,370.82Total Accounts Payable PAYROLL $ 599,213.41Payroll Checks and Direct Deposits dated 05/14/10 $ 2,799.75Payroll Deduction check #1008986thru #1008988 Dated 05/14/10 ___________________ $ 602,013.16Total Payroll GRAND TOTAL $ 1,370,383.98 Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. May 24, 2010 PacketPageNumber5of213 2 City Council MeetingMinutes 2.Approval of Lawful Gambling Temporary Permit for White Bear Avenue Business Association Mayor Rossbachmoved toapprove the resolution for the lawful gambling temporary permit for the White Bear Avenue Business Association. RESOLUTION10-05-399 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premise permit for lawful gambling is approved for White Bear Avenue Business Association, PO Box 9328, North St Paul, MN 55109 to be used on July 14, through July 18, 2010 at The Ramsey County Fair Grounds, 2020 White Bear Avenue, Maplewood, MN 55109. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said license application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 3.Approval of 2009 Budget Adjustments for Maplewood Community Center (MCC) Mayor Rossbachmoved toapprove reducing the 2009general fund budget $22,650, and increase the Maplewood Community Center budget for $22,650. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 4.Approval of Resolution to Waive the Statutory Tort Limits Mayor Rossbachmoved toapprove adopting the resolution to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. RESOLUTION 10-05-400 A RESOLUTION TO MAINTAIN THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and May 24, 2010 PacketPageNumber6of213 3 City Council MeetingMinutes WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council does herebyelect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04; and, that such election is effective until amended by further resolution of the Maplewood City Council. Adopted by the City Council of the City of Maplewood, Minnesota at a regular meeting held May 24, 2010. ATTEST: ________________________________________________________________ Karen E. Guilfoile, City Clerk William Rossbach, Mayor Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 5.Approval of authorized Signers on City Owned Bank Accounts Mayor Rossbachmoved toapprove the resolutions and required agreements authorizing the Mayor, City Manager and Finance Manager as signers on city owned bank accounts. RESOLUTION 10-05-401 DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: City of Maplewood CONTACT: Gayle Bauman ADDRESS: 1830 County Road B East Maplewood, MN 55109 TAX IDENTIFICATION NUMBER: 41-6008920 Karen GuilfoileCity Clerk I, do hereby certify that I am the of the above-named governmental entity CityMinnesota (therein called the “Depositor”) aexisting under the laws of the State of and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly 24thMay10 and properly called and held on the day of , 20; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED , that U.S. Bank National Association is hereby designated as a depository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorse; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED , that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of facsimile or mechanical signature or otherwise authorized, by any one of the individual listed in the section entitled “Authorized Signers”, and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or May 24, 2010 PacketPageNumber7of213 4 City Council MeetingMinutes otherwise authorized, including those payable to the individual order of the same person for application, or which are actually applied to the payment of any such indebtedness awing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the depositor from time to time. RESOLVEDCity Clerk, Karen Guilfoile , that the hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. TheBank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or bywhom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED , That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED , That any and all transactions by or on behalf of the Depositor with the Bank [prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled “Authorized Signers”. I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number:150080667150 Authorized Signers NameTitleSignatures Will RossbachMayor James W. AntonenCity Manager Gayle BaumanFinance Manager __________________________________________ __________________________________________ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this 24thMay10. day of , 20 May 24, 2010 PacketPageNumber8of213 5 City Council MeetingMinutes ____________________________________ __________________________________________ (Certifying Officer) (Title) ____________________________________ __________________________________________ (Attest by one other officer) (Title) RESOLUTION 10-05-402 DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME: City of Maplewood CONTACT: Gayle Bauman ADDRESS: 1830 County Road B East Maplewood, MN 55109 TAX IDENTIFICATION NUMBER: 41-6008920 Karen GuilfoileCity Clerk I, do hereby certify that I am the of the above-named governmental entity CityMinnesota (therein called the “Depositor”) aexisting under the laws of the State of and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly 24thMay10 and properly called and held on the day of , 20; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED , that U.S. Bank National Association is hereby designated as adepository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorse; and that any officer of the Depositor ishereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED , that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of facsimile or mechanical signature or otherwise authorized, by any one of the individual listed in the section entitled “Authorized Signers”, and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person for application, or which are actually applied to the payment of any such indebtedness awing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the depositor from time to time. RESOLVEDCity Clerk, Karen Guilfoile , that the hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmlessby the May 24, 2010 PacketPageNumber9of213 6 City Council MeetingMinutes Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED , That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED , That any and all transactions by or on behalf of the Depositor with the Bank [prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) ofthe persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled “Authorized Signers”. I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number:104755879525 Authorized Signers NameTitleSignatures Will RossbachMayor James W. AntonenCity Manager Gayle BaumanFinance Manager __________________________________________ __________________________________________ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this 24thMay10. day of , 20 ______________________________________________________________________________ (Certifying Officer) (Title) ______________________________________________________________________________ (Attest by one other officer) (Title) Seconded by Councilmember Juenemann. Ayes – All The motion passed. May 24, 2010 PacketPageNumber10of213 7 City Council MeetingMinutes 6.Approval of Resolution Accepting a Donation of an Upgrade of Software for Heart Monitor/Defibrillator for the Fire Department Mayor Rossbachmoved toapprove accepting the donation from Regions Hospital of $14,000 for software upgrades for the Philips MRX heart monitors/defibrillators. RESOLUTION 10-05-403 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, Regions Hospital wishes to grant the city of Maplewood the following: $14,000, and; WHEREAS, Regions Hospital has instructed that the City will be required to use the aforementioned for: use by the fire department to upgrade the software for the Philips MRX heart monitor/defibrillator, 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 super 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 super majority vote of its membership on May 24, 2010. Signed: Signed: Witnessed: ___________________________________________________________________________ (Signature) (Signature) (Signature) Mayor ____Chief of Fire City Clerk__________________ (Title) (Title) (Title) ___________________________________________________________________________ (Date) (Date) (Date) Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. May 24, 2010 PacketPageNumber11of213 8 City Council MeetingMinutes 7.Approval to Purchase a Used Pickup Truck for the Fire Department Mayor Rossbachmoved toapprove the purchase of one Ford F250 pickup truck in the amount of $22,700 from Synergy Motor Car Company. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 8.Request Approval to Enter Into Byrne Justice Assistant Grant Mayor Rossbachmoved toapprove the police department to enter into this interlocal agreement and accept $16,529, less 10 percent administrative fees, under the 2010 Byrne Justice Assistance Grant. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 9.Approval to Purchase for Testing Services for the Hills and Dales Area Street Improvements, City Project 09-15 Mayor Rossbachmoved toNorthern Technologies, Inc. for services totaling $28,069.00 for the Hills and Dales Area Street Improvements, City Project 09-15. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 10.Approval to Call for NPDES Phase II Public Meeting for June 28, 2010 Mayor Rossbachmoved toapprove the council set the public meeting for the NPDES permit requirement for June 28, 2010, beginning at 7:00 p.m. in the council chambers. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 11.Park and Recreation Commission 2009 Annual Report Mayor Rossbachmoved toapprove the 2009 Parks and Recreation Annual Report. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. May 24, 2010 PacketPageNumber12of213 9 City Council MeetingMinutes 12.Resolution approving Public Employees Retirement Association of Minnesota (“PERA”) Phased Retirement Option Mayor Rossbachmoved toapprove the Public Employees Retirement Association of Minnesota (“PERA”) Phased Retirement Option. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 13.Approval of Resolution Appointing Permanent EMS Director Mayor Rossbachmoved toapprove the resolution appointing Fire Chief, Steve Lukin as the permanent EMS Director. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. H. PUBLIC HEARING 1.Frost Avenue Bridge Replacement, City Project 10-07/Establishment of a Bridge Replacement Program a.Public Hearing 7:00 p.m. b.Resolution Establishing a Bridge Replacement Program i.Assistant City Manager, Public Works Director, Chuck Ahlintroduced the itemand gave a background of the bridge replacement and then introduced Jon Horn with Kimley Horn. ii.Jon Horn, Kimley Horn gave the report, addressed and answered questions of the council. Mayor Rossbach opened the public hearing. No one came forward to speak. Mayor Rossbach closed the publichearing. Councilmember Wasilukmoved toapprove the resolution establishing a bridge replacement program for Frost Avenue, City Project 10-07. RESOLUTION 10-05-404 ESTABLISHING A BRIDGE REPLACEMENT PROGRAM AND CREATING A PRIORITIZED BRIDGE REPLACEMENTLIST WHEREAS, the City of Maplewood has reviewed the pertinent data on bridges requiring replacement, rehabilitation, or removal, supplied by local citizenry and local units of government; and WHEREAS, the City of Maplewood has identified those bridges that are high priority and that require replacement, rehabilitation, or removal; May 24, 2010 PacketPageNumber13of213 10 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.The following deficient bridges are high priority, and the City of Maplewood intends to replace, rehabilitate, or remove these bridges as soon as possible when funds are available. Old Road Number Total State Federal Local or Proposed Bridge or NameConstructionBridge FundsState Aid Construction NumberCostFundsFundsYear 4984Frost Avenue$2,000,000$1,600,000$0$400,0002011 92252Sterling Street$500,000$400,000$0$100,0002015 2.The City of Maplewood does hereby request authorization to replace, rehabilitate, or remove such bridges. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 2.Consider Approval of Resolution to Issue Tax Exempt Bonds for Ecumen’s Purchase of the Regent at Maplewood LLC – 7:00 p.m. a.Environmental Planner, Shann Finwall gave the report and answered questions of the council. i. Mary Ippel, Briggs & Morgan, W2200 First National Bank Building, 332 Minnesota Street, St. Paul,addressed and answered questions of the council. Mayor Rossbach opened the public hearing. No one came forward. Mayor Rossbach closed the public hearing. CouncilmemberNephewmoved toapprove the resolution authorizing the issuance of housing and health care revenue bonds to finance projects under Minnesota Statutes, Chapter 462C and Section 469.152 to 469.1653 and authorizing the execution of various documents in connection with the project and the bonds. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was duly held at the City Hall in the City of Maplewood on Monday, the 24th day of May, 2010, at 7 o'clock P.M. May 24, 2010 PacketPageNumber14of213 11 City Council MeetingMinutes The following Council Members were present:Mayor Rossbach, Councilmember Juenemann, Councilmember’s Nephew andWasiluk absent andthe following was: Councilmember Llanas Council Member Nephew introduced the following resolution in writing and moved its adoption: CITY OF MAPLEWOOD RESOLUTION NO. 10-05-405 RESOLUTION AUTHORIZING THE ISSUANCE OF HOUSING AND HEALTH CARE REVENUE BONDS TO FINANCE PROJECTS UNDER MINNESOTA STATUTES, CHAPTER 462C AND SECTION 469.152 TO .1653 AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE ECUMEN HEADQUARTERS ANDTHE SEASONS OF MAPLEWOOD PROJECTS BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City"), as follows: 1.Authority . The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 462C, and Sections 469.152 to .1653 as amended (collectively, the "Act"), authorized to issue and sell its revenue bonds for the purpose of financing the cost of housing facilities for the elderly and facilities for use by nonprofit corporations and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2.Proposal. The City Council has received a proposal from Ecumen, a Minnesota nonprofit corporation (the "Borrower") that the City undertake to finance or refinance a certain Project as herein described pursuant to the Act, through issuance by the City of its Housing and Health Care Revenue Bonds (Ecumen Headquarters and The Seasons of Maplewood Projects), Series 2010 in the aggregate principal amount not to exceed $6,000,000 (the "Bonds"), in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement") among Dougherty & Company LLC (the "Underwriter"), the Borrower and the City. 3.Project. The Borrower desires to finance (a) a portion of the costs of the design, acquisition, construction and equipping of a 150-unit project providing senior housing with services, assisted and special care services, located at 3030 Kennard Street North in the City and (b) refinancing of prior indebtedness incurred to finance the acquisition and renovation of the Company's corporate headquarters at 3530 Lexington Avenue North, Shoreview, Minnesota (collectively, the "Project"). The Project as described above will further the policies and purposes of the Act. 4.Financing Structure. The City of Shoreview will hold a public hearing with respect to the Project and will adopt a resolution giving host approval to issuance of the Bonds by the City for that portion of the Project in the City of Shoreview. It is proposed that, pursuant to a Loan Agreement between the City and the Borrower (the "Loan Agreement"), the City agrees to make a loan of the proceeds of the sale of the Bonds to the Borrower and the Borrower agrees to undertake and complete the Project and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bonds. It is further proposed that the City assigns its rights to the payment and certain other rights under the Loan Agreement to the U.S. Bank National Association (the "Trustee"), as securityfor payment of the Bonds under a Indenture of Trust (the "Indenture"). The Borrower and Trustee will enter into a Continuing Disclosure Agreement (the "Continuing Disclosure Agreement"). The Bonds will be offered for sale pursuant to an Official Statement (the "Official Statement"). Certain representations and covenants about the Project will be set forth in a Tax May 24, 2010 PacketPageNumber15of213 12 City Council MeetingMinutes Exemption Agreement among the City, Trustee, and Borrower dated as of the closing date (the "Tax Exemption Agreement"). Forms of Documents Submitted 5.. Forms of the following documents have been submitted to the City Council for approval: (a)The Loan Agreement; (b)The Indenture of Trust; (c) The Tax Exemption Agreement; (d)The Bond Purchase Agreement; and (e)The Preliminary Official Statement, the operative draft on the date hereof of the Official Statement. 6.Findings. It is hereby found, determined and declared that: (a)the Project described in the Loan Agreement and Indenture constitutes a "project" authorized by the Act as a senior rental housing and health care facility, and furthers the purposes of the Act; (b)the Act authorizes (i) the construction and equipping of the Project, (ii) the issuance and sale of the Bonds, (iii) the execution and delivery by the City of the Loan Agreement, Tax Exemption Agreement and Indenture, (iv) the performance of all covenants and agreements of the City contained in the Loan Agreement, Tax Exemption Agreement, Indenture, and Bond Purchase Agreement, and (v) the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Tax Exemption Agreement, Indenture and Bond Purchase Agreement and the Bonds valid and binding obligations of the City in accordance with their terms; (c) it is desirable that the Borrower be authorized, subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the construction and equipping of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and with or without advertisement for bids as required for the acquisition, renovation, construction and installation of municipal facilities; (d)it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture and established pursuant to this resolution; (e)the payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on theBonds issued under the Indenture when due, and the Loan Agreement and Indenture also provide that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement and Indenture; and (f) under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City, except the interests of the City in the Loan Agreement which have been May 24, 2010 PacketPageNumber16of213 13 City Council MeetingMinutes assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the interest of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds do not constitute or give rise to a pecuniary liability or moral obligation of the City, the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory or home rule charter limitation of indebtedness. The Bonds are not moral obligations nor annual appropriation obligations of the City. 7.Approval of Housing Program . The City hereby approves the housing program prepared in connection with financing the Project. The City has established a governmental program of acquiring purpose investments for qualified 501(c)(3) projects. The governmental program is one in which the following requirements of §1.148-1(b) of the federal regulations relating to tax-exempt obligations shall be met: (a)the program involves the origination or acquisition of purpose investments; (b)at least 95% of the cost of the purpose investments acquired under the program represents one or more loans to a substantial number of persons representing the general public, states or political subdivisions, 501(c)(3) organizations, persons who provide housing and related facilities, or any combination of the foregoing; (c) at least 95% of the receipts from the purpose investments are used to pay principal, interest, or redemption prices on issues that financed the program, to pay or reimburse administrative costs of those issues or of the program, to pay or reimburse anticipated future losses directly related to the program, to finance additional purpose investments for the same general purposes of the program, or to redeem and retire governmental obligations at the next earliest possible date of redemption; (d)the program documents prohibit any obligor on a purpose investment financed by the program or any related party to that obligor from purchasing bonds of an issue that finances the program in an amount related to the amount of the purpose investment acquired from that obligor; and (e)the City shall not waive the right to treat the investment as a program investment. 8.Approval of Forms; Execution . Subject to the approval of Briggs and Morgan, Professional Association, as Bond Counsel, and the City Attorney and the provisions of paragraph 10 hereof, the Bond Purchase Agreement, the Loan Agreement, Indenture and Tax Exemption Agreement, and exhibits thereto (collectively, the "Bond Documents") and all other documents listed in paragraph 4 hereof are approved in substantially the forms submitted. The Bond Documents, in substantially the forms submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Manager (collectively, the "Authorized Officers"). Any other documents and certificates necessary or appropriate to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement and Indenture. 9.Official Statement. The City has been presented with a draft of the Official Statement (in the form of the Preliminary Official Statement), which is to be completed and dated on or about the date of the delivery of and payment for the Bonds. The City hereby consents to the presentation of information relating to the City in the Official Statement under the caption "The Issuer". The City hereby finds that the information regarding the City in the sections of the Official Statement captioned "The Issuer" and "Absence of Litigation" is true and correct; and the City hereby ratifies, confirms and consents to the use of said sections in the Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information May 24, 2010 PacketPageNumber17of213 14 City Council MeetingMinutes contained in the Official Statement other than information regarding the City in the sections therein captioned "The Issuer" and "Absence of Litigation" and the City takes no responsibility for such information. Subject to the statements above in this paragraph, the City approves the form of the Official Statement and authorizes its use in connection with the sale of the Bonds. 10.Issuance; Acceptance of Offer. Subject to paragraph 10 hereof, the City shall proceed forthwith to issue the Bonds, in the form and upon the terms set forth in the Indenture. The maximum principal amount of the Bonds shall be $6,000,000. The Bonds shall bear interest at the rate or rates, mature in the amounts and be subject to redemption as agreed to by the Underwriter and Borrower, and approved by the Mayor, but in no event shall the interest rate or rates be fixed at rates which would cause the net interest cost of the Bonds to exceed eight percent (8.00%) and the final maturity date on the Bonds shall be not later than March 1, 2050. The principal amount, maturity dates, redemption provisions, and interest rate or rates so established shall be set forth in the Indenture prior to its execution. The offer of the Underwriter to purchase the Bonds for a sum equal to the aggregate principal amount thereof as reduced by any original issue discount, or increased by any original issue premium less an underwriting discount, plus accrued interest to the date of delivery at the interest rate or rates to be so established, is hereby accepted, and the Mayor is hereby authorized and directed to execute the Bond Purchase Agreementwhen the principal amounts, rate or rates, maturity schedule and redemption provisions have been so established. The Manager and other officials are hereby authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Underwriter. 11.Records and Certificates. The Mayor, City Manager, and other officers of the City are authorized and directed to prepare and furnish to the Underwriter certified copies of all proceedings and records of the City relating to the Bonds and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 12.Changes in Forms Approved; Absent and Disabled Officers. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved prior to their delivery by Bond Counsel and by the City officials authorized herein to execute or accept, as the case may be, said documents; and said City officials are hereby authorized to approve said changes on behalf of the City. The approval hereby given to the various documents referred to above includes approval of (a) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved prior to their delivery by Bond Counsel and by the City officials authorized herein to execute or accept, as the case may be, said documents and (b) such additional documents, agreements or certificates as may be necessary and appropriate in connection with the Bond Documents, as are approved by Bond Counsel and City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the event of absence or disability of the Mayor or the Manager, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the City Council by the Acting Mayor, or the person authorized to act in the stead of the City Manager, or by such other officer or officers of the City, in the opinion of Bond Counsel, may act in their behalf. 13.Headings; Terms. Paragraph headings in this resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Capitalized terms used, but not defined, herein shall have the meanings given them in, or pursuant to, the Indenture or Loan Agreement. May 24, 2010 PacketPageNumber18of213 15 City Council MeetingMinutes th Adopted this 24day May, 2010. _____________________________________ Mayor ATTEST: City Clerk Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. I.UNFINISHED BUSINESS 1.Hills and Dales Area Street Improvements, Project 09-15, Resolution Adopting Revised Assessment Roll a.Assistant City Engineer, Steve Love gave the report, addressed and answered questions of the council. b.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Nephewmoved toapprove the resolution adopting the revised assessment roll Furthermore requestingthat for the Hills and Dales area street improvements, project 09-15. staff look at the sewer costs at 1240 Belmont Lane. RESOLUTION10-05-406 ADOPTING REVISEDASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 10, 2010, the assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, twenty-four (24) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1.Parcel 092922440077– Amy and Bryan Wallace; 1233 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wallace are requesting that the assessment be cancelled due to financial hardship and do not believe the street reconstruction is warranted at this time. 2.Parcel 142922440083 – Patricia A.McDonough; 1750 Howard Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Ms. McDonough is requesting that the assessment be revised to exclude the storm sewer assessment as she had to pay for additional stormsewer to be installed at the time her house was constructed. 3.Parcel 092922430024 – Michael and Sue Wilke; 1152 County Road B E. It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wilke are requesting that the assessment be deferred as undeveloped property and have stated that this area is their backyard and they have no plans on developing this property. May 24, 2010 PacketPageNumber19of213 16 City Council MeetingMinutes 4.Parcel 142922410059 – Perry Dotterman; 1850 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dotterman is requesting a disability deferral. 5.Parcel 142922410058 – Perry Dotterman; 0 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dotterman is requesting an undeveloped property deferral. 6.Parcel 092922440068 – Jerry and Dolores Markie; 1247 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Markie are requesting a senior citizen deferral. 7.Parcel 092922440122 – George Meyer-Guthman; 2171 Atlantic Street N. It is currently proposed that the property be assessed for 2 units (street only). Mr. Meyer- Guthman is requesting a revision of assessment from 2 units to 1 unit. 8.Parcel 142922410016 – Rose Povlitzki; 2233 Ripley Avenue It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Povlitzki is requesting a financial hardship deferral. 9.Parcel 162922110115 – Margaret Chalkline; 2043 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Chalkline is requesting a disability deferral. 10.Parcel 162922110099 – Esther Olson; 2117 Atlantic Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Olson is requesting a revision of assessment. 11.Parcel 162922110053 – Michael Churchich; 1240 Belmont Lane E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Churchich is requesting a financial hardship deferral. 12.Parcel 142922440048 – Bob Serreyn; 1695 Howard Street It is currently proposed that the property be assessed for 1 unit (street only). Mr. Serreyn is requesting a financial hardship deferral. 13.Parcel 162922140017 – Raymond R. Decker; 2002 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Decker is requesting a revision of assessment. 14.Parcel 162922110075 – Connie Johnson; 2132 Atlantic Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Johnson is requesting revision of assessment. 15.Parcel 092922440069 – Peggy Hartzell; 1246 E. County Road B It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Hartzell is requesting a cancellation of assessment. 16.Parcel 162922140024 – Sao Xiong; 1241 Ryan Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Sao Xiong is requesting a financial hardship deferral. 17.Parcel 092922440076– Barbara Verdon; 1237 Leland Road May 24, 2010 PacketPageNumber20of213 17 City Council MeetingMinutes It is currently proposed that the property be assessed for 1 unit (street only). Ms. Verdon is requesting a cancellation of assessment. 18.Parcel 092922440086 – Rebecca Gurrola; 2210 Duluth Street It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Gurrola is requesting a cancellation of assessment or a disability deferral. 19.Parcel 142922410055 – Jack Hurley; 1829 Furness Street It is currently proposed that the property be assessed for1005 Front-Feet along Furness Street (street only). Mr. Hurley is requesting a revision of assessment. 20.Parcel 162922140012 – Art Moore; 1232 Shryer Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Moore is requesting a cancellation of assessment or a financial hardship deferral. 21.Parcel 162922140045 – Kenneth G. Dufner; 2017 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dufner is requesting a cancellation of assessment. 22.Parcel 142922440047 – Phoenix Residence Inc.; 1685 Howard Street It is currently proposed that the property be assessed for 1 unit (street only). The Phoenix Residence Inc. is requesting a cancellation of assessment. 23.Parcel 142922410048– Phoenix Residence Inc.; 1866 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). The Phoenix Residence Inc. is requesting a cancellation of assessment. 24.Parcel 092922440108 – Peggy A Jerusal; 1277 Junction Avenue E. It is currently proposed that the property be assessed for 1 unit (street only). Ms. Jerusal is requesting a disability deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A.That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Hills and Dales Area Street Improvements, Project 09-15: 1.Parcel 092922440077– Amy and Bryan Wallace; 1233 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wallace are requesting that the assessment be cancelled due to financial hardship and do not believe the street reconstruction is warranted at this time. Staff recommendation is to deny the cancellation of assessment and grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 2.Parcel 142922440083 – Patricia A. McDonough; 1750 Howard Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Ms. McDonough is requesting that the assessment be revised to exclude the storm sewer assessment as she had to pay for additional storm sewer to be installed at the time her house was constructed. Staff recommendation is to grant a revision of assessment to cancel the storm sewer portion of the assessment. A copy of record of payment for past storm sewer installations has been received and verified by city staff. This information has been updated and noted on the final assessment roll. 3.Parcel 092922430024 – Michael and Sue Wilke; 1152 County Road B E. It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wilke May 24, 2010 PacketPageNumber21of213 18 City Council MeetingMinutes arerequesting that the assessment be deferred as undeveloped property and have stated that this area is their backyard and they have no plans on developing this property. Staff recommendation is to grant an undeveloped property deferral (15 years) upon approval of necessary paperwork. If the property remains undeveloped during the entire 15 year deferral time period the assessment will be cancelled. If at any point during the 15 year deferral period the lot is developed the assessment would become active. 4.Parcel 142922410059 – Perry Dotterman; 1850 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dotterman is requesting a disability deferral. Staff recommendation is to grant a disability deferral (15year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 5.Parcel 142922410058 – Perry Dotterman; 0 Furness Street It is currently proposed that the property be assessed for1 unit (street and storm). Mr. Dotterman is requesting an undeveloped property deferral. Staff recommendation is to grant an undeveloped property deferral (15 years) upon approval of necessary paperwork. If the property remains undeveloped during the entire 15 year deferral time period the assessment will be cancelled. If at any point during the 15 year deferral period the lot is developed the assessment would become active. 6.Parcel 092922440068 – Jerry and Dolores Markie; 1247 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Markie are requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral (15 year) upon approval of necessary paperwork. After the 15 yeardeferral time period the assessment would become due in total with interest. 7.Parcel 092922440122 – George Meyer-Guthman; 2171 Atlantic Street N. It is currently proposed that the property be assessed for 2 units (street only). Mr. Meyer- Guthman is requesting a revision of assessment from 2 units to 1 unit. Staff recommendation is to grant a revision of assessment from 2 residential units to 1 residential unit. Proper documentation has been provided and verified by the city staff. Ramsey County has corrected the legal description and assigned a new Property Identification Number. This information has been updated and noted on the final assessment roll. 8.Parcel 142922410016 – Rose Povlitzki; 2233 Ripley Avenue It is currently proposed that the propertybe assessed for 1 unit (street and storm). Mrs. Povlitzki is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 9.Parcel 162922110115 – Margaret Chalkline; 2043 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Chalkline is requesting a disability deferral.Staff recommendation is to grant a disability deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 10.Parcel 162922110099 – Esther Olson; 2117 Atlantic Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Olson is requesting a revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 11.Parcel 162922110053 – Michael Churchich; 1240 Belmont Lane E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Churchich May 24, 2010 PacketPageNumber22of213 19 City Council MeetingMinutes is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. Staff recommendation is to deny their secondary request to reduce the amount of their assessment by $3,750 due to their past correction of a sanitary sewer problem at their property. 12.Parcel 142922440048 – Bob Serreyn; 1695 Howard Street It is currently proposed that the property be assessed for 1 unit (street only). Mr. Serreyn is requesting a financial hardship deferral. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 13.Parcel 162922140017 – Raymond R. Decker; 2002 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Decker is requesting a revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 14.Parcel 162922110075 – Connie Johnson; 2132 Atlantic Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Mrs. Johnson is requesting revision of assessment. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 15.Parcel 092922440069– Peggy Hartzell; 1246 E. County Road B It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Hartzell is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 16.Parcel 162922140024 – Sao Xiong; 1241 Ryan Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Sao Xiong is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 17.Parcel 092922440076 – Barbara Verdon; 1237 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Ms. Verdon is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 18.Parcel 092922440086 – Rebecca Gurrola; 2210 Duluth Street It is currently proposed that the property be assessed for 1 unit (street only). Mrs. Gurrola is requesting a cancellation of assessment or a disability deferral. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. Staff recommendation is to grant a disability or senior citizen deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 19.Parcel 142922410055 – Jack Hurley; 1829 Furness Street May 24, 2010 PacketPageNumber23of213 20 City Council MeetingMinutes It is currently proposed that the property be assessed for 1005 Front-Feet along Furness Street (street only). Mr. Hurley is requesting a revision of assessment. Staff recommendation is to grant a revision of assessment by adjusting the assessable frontage to 733.65 in accordance with the City’s special assessment policy. This information has been updated and noted on the final assessment roll. 20.Parcel 162922140012– Art Moore; 1232 Shryer Avenue E. It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Moore is requesting a cancellation of assessment or a financial hardship deferral. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. Staff recommendation is to grant a financial hardship deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 21.Parcel 162922140045 – Kenneth G. Dufner; 2017 Duluth Street It is currently proposed that the property be assessed for 1 unit (street and storm). Mr. Dufner is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project.Staff recommendation is to grant a senior citizen deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. 22.Parcel 142922440047 – Phoenix Residence Inc.; 1685 Howard Street It is currently proposed that the property be assessed for 1 unit (street only). The Phoenix Residence Inc. is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 23.Parcel 142922410048 – Phoenix Residence Inc.; 1866 Furness Street It is currently proposed that the property be assessed for 1 unit (street and storm). The Phoenix Residence Inc. is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City’s assessment policy and the property will realize a benefit from this project. 24.Parcel 092922440108 – Peggy A Jerusal; 1277 Junction Avenue E. It is currently proposed that the property be assessed for 1 unit (street only). Ms. Jerusal is requesting a disability deferral. Staff recommendation is to grant a disability deferral (15 year) upon approval of necessary paperwork. After the 15 year deferral time period the assessment would become due in total with interest. B.The assessment roll for the Hills and Dales Area Street Improvements as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C.Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential properties and 8 years for commercial properties, the first installments to be payable on or before the first Monday in January 2011 and shall bear interest at the rate of 5.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2010. To each subsequent installment when due shall be added interest for one year on all unpaid installments. May 24, 2010 PacketPageNumber24of213 21 City Council MeetingMinutes D.The owner of any property so assessed may, at any time prior to certification ofthe assessment to the county auditor, but no later than October 1, 2010, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2010, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. E.The city engineer and city clerk shall forthwith after October 1, 2010, but no later than October 15, 2010, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. th Adopted by the council on this 24dayof May 2010. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 2.Flood Plain Overlay District Ordinance and Flood Plain Rate Panel Map Amendments – (Second Reading) a.Environmental Planner, Shann Finwall gave the report and answered questions of the council. MayorRossbachmoved toapprove the second reading of the floodplain ordinance amendments. The floodplain ordinance is being amended to meet the new Federal Emergency Management Agency’s flood regulations and to adopt the new floodplain insurance rate maps which will become effective June 4, 2010. ORDINANCE NO. 902 AN ORDINANCE AMENDING CHAPTER 44 (ZONING), ARTICLE VIII (FLOODPLAIN OVERLAY DISTRICT) TheMaplewood City Councilapproves the following changes to the Maplewood Code of Ordinances: This amendment revises portions of the city’s zoning code (Chapter 44) dealing with the floodplain overlay district (Sections 44-1191 through 44-1209). This amendment also moves this section of the zoning code in its entirety to the Environment Chapter (Chapter 18) of the city code. FLOODPLAIN ORDINANCE Section 1.Authorization. The state legislature has in Minnesota Statutes, Chapters 103F and 462, delegated the authority to local governmental units to adopt regulations designed to lessen flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore, the city has adopted this ordinance. Section 2. Purpose. May 24, 2010 PacketPageNumber25of213 22 City Council MeetingMinutes The purpose of this ordinance is to lessen potential losses due to periodic flooding, including loss of life, loss of property, health and safety hazards. Further, it is also to lessen the disruption of commerce and governmental services, extraordinary public payments for flood protection and relief, and impairment of the tax base. Within the meaning of the National Flood Insurance Program, all of these adversely affect the public health, safety and general welfare. Section 3. Liability. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or damages. This ordinance shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decisions lawfully made under this ordinance. Section 4. Adoption of flood insurance rate map. Flood Insurance Study for Ramsey County, Minnesota (All Jurisdictions) and the Flood Insurance Rate Map Panels therein numbered 27123C0038G, 27123C0039G, 27123C0041G, 27123C0042G, 27123C0043G, 27123C0044G, 27123C0065G, 27123C0101G, 27123C0102G, 27123C0110G, 27123C0117G, 27123C0119G, 27123C0130G, and 27123C0140G, all dated June 4, 2010 and prepared by the Federal Emergency Management Agency (FEMA), are hereby adopted by reference as the official Floodplain Map and made a part of this ordinance. Section 5. Applicability. (a)This ordinance shall apply to all lands designated as floodplain within the city and has been revised in 2010 to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the city’s eligibility in the National Flood Insurance Program. (b)Annexations. The Flood Insurance Rate Map panels adopted by reference above may include floodplain areas that lie outside of the corporate boundaries of the City of Maplewood at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Maplewood after the date of adoption of this ordinance, the newly annexed floodplain lands shall be subject to the provisions of this ordinance immediately upon the date of annexation into the City of Maplewood. (c) Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (d)Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 6. Interpretation. The director of community development shall determine the boundaries of the floodplain district by scaling distances on the official floodplain zoning district map. Where there is a need for interpretation about the exact location of the boundaries of the floodplain district, the director of community development shall make the necessary interpretationbased on the ground elevations that existed on the site at the time the city adopted its initial floodplain ordinance or the date of the first National Flood Insurance Program map May 24, 2010 PacketPageNumber26of213 23 City Council MeetingMinutes that placed the site in the floodplain if earlier.The director shall make this interpretation based on the elevations of the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the city shall: (a)Require a floodplain evaluation consistent with Sections 11(a)to determine a 100-year flood elevation for the site; or (b) Base its decision on available hydraulic/hydrologic or site elevation survey data. Section 7. Definitions. Unless specifically defined in this ordinance, the words or phrases used in thisordinance have the same meaning as they have in common usage. A person shall interpret these words or phrases to give this ordinance its most reasonable application.The following words, terms and phrases when used in this ordinance, shall have the meanings ascribed to them in this ordinance, except where the context clearly indicates a different meaning: Accessory Use or Structuremeans a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Basementmeans any area of a structure, including crawl spaces, having its floor or base subgrade below ground level on all four sides. This is regardless of the depth of excavation below ground level. Director means the director ofcommunity development. Flood fringemeans that portion of the floodplainoutside the floodway. Floodplainmeans the channel or beds proper and the areas adjoining a wetland, watercourse or lake which a regional flood may have or could hereafter cover. Floodplainareas within the city shall include all areas shown as Zone A or Zone AEonthe flood insurance rate map. Floodwaymeans the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplainwhich the regional flood reasonably requires to carry or store the regional flood discharge. Lowest floormeans the lowest floor of the lowest enclosed area (including basement). Manufactured homemeans a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.” Obstructionmeans any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across or projectinginto any channel, watercourse, lake bed or regulatory floodplainwhich may impede, retard or change the direction of flow in itself or by catching or collecting debris carried by floodwater. Recreational vehiclemeans a vehicle that is built on a single chassis, is four hundred (400) square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary livingquarters for recreational, camping, travel, or seasonal use. Regional floodmeans a flood which represents the large floods known to have occurred in Minnesota. Such a flood is characteristic of what one can expect to occur on an average of every 100 years. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Rate Map. May 24, 2010 PacketPageNumber27of213 24 City Council MeetingMinutes Regulatory flood protection elevationmeans the elevation no lower thantwo (2) feetabove the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplainthat result from designation of a floodway. Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities. This includes, but is not limited to, buildings,factories, sheds, detached garages, cabins, manufactured homes orrecreational/vehicles not meeting the exemption criteria specified in Section 19(a)(1)and other similar items. Substantial damagemeans damage of any origin sustained by a structure where the cost of restoring the structure prior to its damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvementmeans any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a)Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of an “historic structure,” provided that the alteration will not preclude the structure’s continued designation as an “historic structure.” For the purpose of this ordinance, “historic structure” shall be as defined in 44 Code of Federal Regulations, Part 59.1. Section 8. Overlay zoning. Afloodplainzoning district shall be considered an overlay zoning district to all existing land use regulations of the city. The city may allow the uses permitted in this ordinanceonly if they are allowed by the underlying zoning district. This ordinance shall apply in addition to other city regulations and where this ordinance imposes greater restrictions. Section 9. Compliance. No person shall use a new structure or land without full compliance with this ordinance. No person may locate, extend, convert, repair, maintain,or structurally alter a structure without full compliance with this ordinance. Within the floodway and flood fringe, the city prohibits all uses not listed as permitted uses in Sections10 and 11. In addition, thefollowing regulations shall apply: (a) New manufactured homes, replacement manufactured homes and certain recreationalvehiclesare subject to the general provisions of this ordinance and specifically Sections 10, 11, and 19. (b) The sections of this ordinance regulate changes, modifications, repair and maintenance,additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land. (c) As stated in Section 14,a person shall use ground surveys to certify as-built elevations for elevated structures. May 24, 2010 PacketPageNumber28of213 25 City Council MeetingMinutes Section 10. Permitted uses and standards. (a) Permitted Uses. The following uses of land are permitted uses in the floodplaindistrict: (1) Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment. (2) The following activities if they are entirelywithin the flood fringe: a)The construction of new structures. b)The placement or replacement of manufactured homes. c)Additions to existing structures or obstructions, such as fill or storage of materials or equipment. The uses in Subsections (a)(1) and (2) of this Section shall be subject to the development of standards in Subsection (b) of this section. They are also subject to the floodplainevaluation criteria in Section 11. (3) Recreationalvehicles as regulated under Section 19. (b) Standards for floodplain permitted uses.Standards for floodplain permitted uses shall be as follows: (1) A person shall compact fill and protect the slopes from erosion by the appropriate methods. Such methods include the use of containment dikes or levees, riprap, vegetative cover or other acceptable method. FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements have specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. A person should investigate these standards before starting site preparation if a person wishes to request a change of special flood hazard area designation. (2) Storage of materials and equipmentshall be in accordance with the following: a)The city prohibits the storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially harmful to human, animal, or plant life. b)The city may allow the storage of other materials or equipment if readily removable from the area within the time available after a flood warning or if placed on fill at or above the Regulatory Flood Protection Elevation. (3) The city shall not permit uses or activities which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. (4)No person shall construct a structure, including accessory structures, additions to existing structures and manufactured homes on fill unless the lowest floor, including basement floor, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation must be no lower than one (1) foot below the Regulatory Flood Protection Elevation. The finished fill May 24, 2010 PacketPageNumber29of213 26 City Council MeetingMinutes shall extend at such elevation at least fifteen (15) feet beyond the limits of the structure constructed thereon. (5)All uses. The city shall not permit uses thatdo not have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation to lands outside the floodplain. The city may permit such uses if the city council grants a variance. In granting a variance,the city council shall specify limitations on the period of use or occupancy of the use. The city council must also determine that adequate flood warning time and local emergency response and recovery procedures exist before granting such a variance. (6) Commercial and manufacturing uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, the city shall not grant a permit for such facilities for use by the employees or the public without a flood warning system that provides adequate time for evacuation if the area would be inundated in water to a depth which poses significant hazard to individuals (to a depth and velocity such that when multiplying the depth [in feet] times velocity [in feet per second] the product number exceeds four [4] upon occurrence of the regional flood). (7) On-site sewage treatment and water supply systems. Where the city has not provided public utilities, then the owner shall conform to the following conditions: a)A person shall design on-site water supply systems to lessen or eliminate infiltration of flood waters into the systems; and b)A person shall design new or replacement on-site sewage treatment systems to lessen or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Such systems shall not be subject to impairment or contamination during times of flooding. The city shall determine that any sewage treatment system designed according to the State's standards to be in compliance with this ordinance. (8)The owner of a manufactured home must securely anchor it to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring code requirements for resisting wind forces. Section 11.Floodplainevaluation. (a) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplaindistrict, the director shall require the applicant to furnish plans and hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development. This analysis shall also show whether the proposed use is located in the floodway or flood fringe and the Regulatory Flood Protection Elevation for the site. The city engineer or hydrologist shall follow procedures consistent with Minnesota Rules 1983 Parts 6120.5000 to 6120.6200and 44 Code of Federal Regulations Part 65. These procedures are to be used during the technical evaluation and review of the development proposal. (b) The director shall submit acopy of all information required by subsection (a) of this section to the area hydrologist with the Department of Natural Resources (DNR). This is for the DNR’s review and comment. The director shall submit this information at least twenty (20) days before the city grants a permit or manufactured home park development/subdivision approval. The director shall notify the respective DNR Area Hydrologist within ten (10)days after the city grants a permit or approves a manufactured home park development/subdivision. May 24, 2010 PacketPageNumber30of213 27 City Council MeetingMinutes Section 12. Utilitiesand transportation facilities. All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed according to state floodplainmanagement standards contained in Minnesota Rules 1983 parts 6120.5000 through 6120.6200. Section 13. Subdivisions and manufactured homes. (a) No person shall subdivide land or develop or expand a manufactured home park where the city councilhas determined the site to be unsuitable. The city councilshall make the determination of unsuitability based on flooding or inadequate drainage, water supply or sewage treatment facilities. The city councilshall review the subdivision/development proposal. This review is to insurethat each lot or parcel contains enough area outside the floodway for fill placement for elevating structures, sewage systems and related activities. (b) In the floodplain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Section 11(a).The director shall review the proposed subdivision or manufactured home park development in according to the standards established in this ordinance. (c) The applicant for a subdivision in the floodplainshall clearly label the Floodway and Flood Fringe boundaries on all required application documents and drawings. The applicant shall also show the Regulatory Flood Protection Elevation and the required elevation of all access roads and streets on all required application drawings and documents. (d) Removal of Special Flood Hazard Area Designation. FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements include specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. A person should investigate these standards if they are requesting a change to the special flood hazard area before the initiation of site preparation. Section 14. Administration. (a) Permit required. A person shall secure a permit issued by the city before doing any of the following: (1) the construction,addition, modification, rehabilitation (including normal maintenance and repair),or alteration of any building or structure. (2)prior to the construction of a dam, fence, or on-site septic system. (3) changing the use of a building, structure, or land. (4) changing, extending or enlarging a nonconforming use. (5)prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source. (6) excavating or placing an obstruction within the floodplain. (b) State and federal permits. Before granting a city permit or processing an application for a variance, the city shall determine that the applicant has obtained all necessary state and federal permits. May 24, 2010 PacketPageNumber31of213 28 City Council MeetingMinutes (c) Certification of lowest floor elevations. The city shall require the applicant to submit certification by a registered professional engineer, registered architect, or registered land surveyor about accomplishing the finished fill and building elevations in compliance with this ordinance. The building official shall maintain a record of the elevation of the lowest floor (including basement) for all new structures. The building official shall also maintain a record of lowest floor elevations for alterations or additions to existing structures in the floodplaindistrict. (d)Notifications for watercourse alterations. The director shall notify, in riverine situations, adjacent communities and the DNR prior to the city authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the DNR. A copy of said notification shall also be submitted to the Chicago Regional Office of FEMA. (e)Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six (6) months after the date, such supporting information becomes available, the director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Section 15. Variances. (a) A variance means a change to a specific permitted development standard required in an official control including this ordinance. This change is to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property. This is to lessen a hardship, practical difficulty or unique circumstance. (b) In granting a variance, the city council shall clearly identify in writing the specific conditions that existed justified the granting of the variance. (c) The city councilmay approve variances from this ordinance. To do so, the city councilmakes the findings required for a variance in state law. No variance shall allow a use prohibited in that district or permit a lower degree of flood protection than the Regulatory Flood Protection Elevation. A person may use a variance to change permissible methods of flood protection. (d)The following additional FEMA variance criteria must be satisfied: (1)Variances shall not be issued by a city within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (2)Variances shall only be issued by a city upon: a)a showing of good and sufficient cause; b)a determination that failure to grant the variance would result in exceptional hardship to the applicant; and c)a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) The director shall submit by mail to the DNR acopy of the application for proposed variance. The director shall mail such notice at least ten (10) days before the hearing. The director shall send a copy of all decisions granting a variance by mail to the DNR within ten (10) days of such action. May 24, 2010 PacketPageNumber32of213 29 City Council MeetingMinutes (f) Flood insurance notice and record keeping. The director shall let the applicant for a variance know that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (2) Such construction below the 100-year or regional flood level increases risks to life and property. The city shall maintain such notification with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance. The city shall also report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program. Section 16. Nonconformities. A person may continue to use a structure or premises which was lawful before the passage or amendment of this ordinance but is not in conformity with this ordinance.Uses aresubject to the following conditions (except for historic structures, as defined in Section 7, which shall be subject to items (a) through (e) as outlined below only): (a) No person may expand, change, enlarge, or alter a nonconforming use in a way which increases its nonconformity. (b) A structuralalteration within the inside dimensions of a nonconforming use or structure (interior alteration)is permissibleprovided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure.This is allowed only if it will not result in increasing the flood damage potential of that use or structure. (c)A structural addition to a structure must be elevated to the regulatory flood protection elevation in accordance with this ordinance.This is allowed only if it will not result in increasing the flood damage potential of that use or structure. (d)The cost of all structural alterations or additions both inside and outside a structure to any nonconforming structure over the life of the structure shall not exceed fifty (50) percent of the market value of the structure unless the owner has satisfied the conditions of this ordinance. The city must calculate the cost of all structural alterations and additions to a structure since the adoption of the city's initial floodplaincontrols on July 28, 1986. The city must calculate these costs into current costs and include all costssuch as construction materials and a reasonable cost placed on all labor. If the current cost of all previous and proposed alterations and additions exceeds fifty (50) percent of the current market value of the structure, then the structure must meet the standards of Sections10 and 11for new structures. (e) If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of fifty (50) percent or more of its market value at the time of destruction, the owner shall not reconstruct it except in conformity with this ordinance. The city councilmay issue a permit for reconstruction if the use is not in the floodway and, upon reconstruction the owner adequately elevates it on fill in conformity with this ordinance. (f) If a substantial improvement occurs from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Section 10 of this in the floodway or flood fringe, respectively. May 24, 2010 PacketPageNumber33of213 30 City Council MeetingMinutes Section 17. Penalties for violation. (a)A violation of the provisions of this ordinance or failure to follow any of its requirements (including violations of conditions and safeguards established about the granting of variances) is a misdemeanor. (b) In responding to an ordinance violation, the city may request that the National Flood Insurance Program deny flood insurance to the guilty party. The city shall act in good faith to enforce these official controls and to correct ordinance violations when possible. (c) When an alleged violation is discovered by or shown to the director, the director shall investigate the situation. The director shall document the nature and extent of the alleged violation of the official control. As soon as is possible, the city will submit this information to the proper DNRand FEMA regional offices. The city will also submit its plan of action to correct the violation to these agencies. (d) The director shall notify the suspected party of the pertinent requirements of this ordinance and all other official controls.The director shall also notify the person in question about the nature and extent of the suspected violation of these controls. If the structure and/or use are under construction or development, the director may order the construction or development immediately halted. This construction or development moratorium shall be in force until the city grants a permit or approval. If the responsible party has completed the construction or development, then the director may either: (1)Issue an order identifying the corrective actions that the responsible party must make within a specified time to bring the use or structure into compliance with the official controls; or (2)Notify the responsible party to apply for an after-the-fact permit/development approval within 30-days. If the responsible party does not appropriately respond to the director within the specified time, each additional day that lapses is an additional ordinance violation. The city may prosecute such violations accordingly. The director shall also, upon the lapse of the specified response time, notify the property owner to restore the land to the condition which existed before the violation of this article. Section 18. Amendments. The city shall submit all amendments to this ordinance, including revisions to the official floodplain zoning district map, to be approved by the Natural Resources Department before adoption. The city shall not remove the floodplaindesignation on the official floodplainzoning district map unless the ownerfills the area to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Changes in the official floodplain zoning map must meet FEMA's technical conditions and criteria and must receive priorFEMA approval before adoption. The DNR must be given ten (10)days written notice of all hearings to consider an amendment to this ordinance. This notice shall include a draft of the amendment or technical ordinance for new structures, depending upon whether the structure is study under consideration. Section 19. Recreational vehicles. May 24, 2010 PacketPageNumber34of213 31 City Council MeetingMinutes (a) Recreational vehiclesthat do not meet the exemption criteria specified in subsection (a)(1)(a) of this section shall be subject to the provisions of this ordinance.Recreational vehicles shall also be subject to the conditions listed in the sections below. (1) Exemption. Recreational vehiclesare exempt from the provisions of this ordinance if their owner places them in any of the areas listed in subsection (a)(1)(b) of this section and if it meets the following criteria: a)Have current licenses required for highway use. b)Are highway ready meaning on wheels or have an internal jacking system and that the owner has attached it to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks. The recreational vehicle must also not have any permanent structural additions attached to it. c)The recreational vehicle and associated use must be an allowed use in the underlying zoning district. (2) Areas exempted for placement of recreational vehicles: a)Individual lots or parcels of record. b)Existing commercial recreational vehicle parks or campgrounds. c)Existing condominium-type associations. (b) Recreational vehicles exempted in subsection (a)(1) of this section lose this exemption when development occurs on the parcel exceeding five hundred ($500) dollars. This is for a structural addition to the recreationalvehicle or an accessory structure such as a garage or storage building. The city will then consider the recreational vehicle and all additions and accessory structures as a new structure. The recreation vehicle shall then be subject to the elevation requirements and the use of land restrictions specified in this ordinance. There shall be no development or improvement on the parcel or attachment to the recreation vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (c) New commercial recreation vehicle parks or campgrounds,new residential type subdivisions and condominium associations, and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following conditions: (1) The city will allowany new or replacement recreationalvehicle in the floodway or flood fringe districts provided the following: a)The owner places said recreational vehicle and its contents on fill above the regulatory flood protection elevation following the provisions of Section 11. b)Proper elevated road access to the site exists according to Sections 10 and 11. c)No fill placed in the floodway to meet the requirements of this section shall increase the flood stages of the regional flood. (2) As an alternative, the city may allow all new or replacement recreationvehicles not meeting the criteria of subsection (c)(1) of this section,if such placement is according to the following: May 24, 2010 PacketPageNumber35of213 32 City Council MeetingMinutes a)The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. A registered engineer or other qualified individual shall prepare said plan. Said plan shall show that adequate time and personnel exist to carry out the evacuation. b)All attendant sewage andwater facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so while flooded they are not impaired or contaminated. The installation of such facilities shall follow the rules in Section 10(b)(7). The city council approved the first reading of this ordinance on May 10, 2010. The city council approved the second reading of this ordinance onMay 24, 2010. Signed: _______________________________ _______________________________ Will Rossbach, MayorDate Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by CouncilmemberNephew. Ayes – All The motion passed. 3.Flood Plain Overlay District summary Ordinance Publication Review (Super Majority Vote Required) a.Environmental Planner, Shann Finwall gave the report. CouncilmemberNephewmoved toapprove the flood plain overlay district summary ordinance publicationfor Ordinance 902. AN ORDINANCE AMENDING THE FLOODPLAIN OVERLAY DISTRICT AND ADOPTING NEW FLOODPLAIN INSURANCE RATE MAPS On May 24, 2010, the Maplewood City Council amended the floodplain overlay district ordinance at Article VII. This ordinance amendment is necessary to comply with new Code of Federal Regulations (Code 44, Section 60.3) whichdeals with flooding. The ordinance also adopts the new floodplain rate maps which will become effective June 4, 2010. A summary of the floodplain ordinance amendments are described below: 1. Adoption of new floodplain rate maps. The Federal Emergency Management Agency (FEMA) conducted a multi-year project to re-examine Ramsey County’s flood zones and develop new floodplain insurance rate maps. FEMA is requiring that the City of Maplewood adopt the new floodplain insurance rate maps along with the requiredfloodplain ordinance amendments. The new floodplain insurance rate maps will become effective June 4, 2010. May 24, 2010 PacketPageNumber36of213 33 City Council MeetingMinutes 2. Definitions. In addition to new definitions required by FEMA, Maplewood is revising the definition of “Regulatory Flood Protection Elevation.” The definition will be revised to reflect the Ramsey-Washington Metro Watershed District standards to flood protection elevation, which is no lower than two feet (rather than one foot) above the elevation of the regional flood. 3. Change to permitted uses. Maplewood’s previous floodplain ordinance described a permitted use as “any non-structural land use which does not obstruct flood flows, such as gardens, fill, 2 excavation, or storage of materials or equipment.” The new regulations require that the city change that description as follows: “Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.” 4. New administration requirements. There are expanded permitting requirements for properties in a floodplain, including obtaining a permit from the city prior to the erection, addition, modification, and rehabilitation of a structure (including normal maintenance and repair). Additionally, a permit is required prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source. 5. Variances. Additional variance criteria must be satisfied includingno variance approval by the city unless there is a showing of sufficient cause, failure to grant the variance would result in a hardship, and granting the variance would not result in increased flood heights. 6. Nonconformities. If a substantial improvement occurs to a nonconforming property from any combination of a building addition to the outside dimensions of the existing building or rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of the ordinance. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 4.Consider Adopting a Resolution Calling a Public Hearing toConsider a Tax Increment Financing Housing District No. 1-10 for The Shores of Maplewood Within the Gladstone Redevelopment Area – City Project 04-21 a.Assistant City Manager, Public Works Director, Chuck Ahl gave a briefreport and answered questions ofthe council.Mr. Ahl introduced Mr. Denaway with Springsted. b.Tom Denaway, Representing Springsted gave a report on TIF, addressed and answered questions of the council. Mayor Rossbach asked if anyone wanted to address the council. 1.Diana Longrie, Maplewood. Councilmember Wasilukmoved toapprove the resolution calling for a public hearing on July 26, 2010, at 7:00 p.m. for the purpose of discussing the Tax Increment Financing District for The Shores Development proposal. EXTRACT OF MINUTES OF AMEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: May 24, 2010 May 24, 2010 PacketPageNumber37of213 34 City Council MeetingMinutes Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on Monday, the 24th day of May, 2010 at 7:00 p.m. The following members of the Council were present:Mayor Rossbach, Councilmembers Juenemann, Nephew and Wasiluk. absent and the following was: Councilmember Llanas Councilmember Wasiluk introduced the following resolution and moved its adoption: RESOLUTION 10-05-407 RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING (HOUSING) DISTRICT NO. 1-10 AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the “Council”) of the City of Maplewood, Minnesota (the “City”), as follows: 1.Public Hearing. This Council shall meet on July 26, 2010, atapproximately 7:00 p.m., to hold a public hearing on the (a) proposed Modification to the Development Program for Development District No. 1; (b) establishment of Tax Increment Financing (Housing) District No. 1-10 within Development District No. 1; and (c) the proposed adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, 469.174 through 469.1799, both inclusive, as amended (the “Act”). 2.Notice of Hearing; Filing of Program and Plan. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed modification to the Development Program for Development District No. 1 and the proposed Tax Increment Financing Plan on file in the Clerk’s Office at City Hall and to make such copies available for inspection by the public. Consultation with Other Taxing Jurisdictions. The Clerk is hereby directed to mail a notice of the public hearing and a copy of the Tax Increment Financing Plan to Ramsey County and Independent School District No. 622 informing those taxing jurisdictions of the estimated fiscal and economic impact of the establishment of the proposed tax increment financing district. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Juenemann and upon vote being taken thereon, the following voted in favor:ALL and the following voted against the same: NONE Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) May 24, 2010 PacketPageNumber38of213 35 City Council MeetingMinutes I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City’s proposed modification of the Development Program for Development District No. 1, the establishment of Housing District No. 1-10 therein and the adoption of a Tax Increment Financing Plan related thereto. Date: This 24th day of May, 2010. __________________________________ City Clerk Exhibit A CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the “Council”) of the City of Maplewood, Ramsey County, Minnesota, will hold a public hearing on Monday, July 26, 2010, at 7:00 p.m., at the City Hall, in the City of Maplewood, Minnesota, relating to the proposed modification to the Development Program for Development District No. 1, the establishment of Tax Increment Financing (Housing) District No. 1-10 within Development District No. 1 and the proposed adoption of a Tax Increment Financing Plan therefor, pursuant to Minnesota Statutes, Section 469.174 through 469.1799, inclusive, as amended. Copies of the Tax Increment Financing Plan as proposed to be adopted will be on file and available for public inspection at theoffice of the City Clerk at City Hall. The property included in Development District No. 1 is described in the Development Program on file in the office of the City Clerk. The property proposed to be included in Tax Increment Financing (Housing) DistrictNo. 1-10 is described in the Tax Increment Financing Plan on file in the office of the City Clerk. A map of Development District No. 1 and Tax Increment Financing (Housing) District No. 1-10 is set forth below: All interested persons may appear at the hearing and present their views orally or in writing prior to the hearing. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. J.NEW BUSINESS 1.White Bear Avenue/County Road D Improvements, Project 08-13 a.Resolution of Concurrence with Ramsey County for Award of Bid b.Approval of Traffic Signal Maintenance Agreements with Ramsey County (White Bear Avenue at County Road D, White Bear Avenue at Woodlynn Avenue, White Bear Avenue at Lydia Avenue, and White Bear Avenue at Beam Avenue) c. Approval of Cooperative Agreement (PW 2010-02) with Ramsey County i.Assistant City Manager, Public Works Director, Chuck Ahlgave the report and answered questions of the council. May 24, 2010 PacketPageNumber39of213 36 City Council MeetingMinutes Councilmember Nephewmoved toapprove the resolution of concurrence with Ramsey County for Award of Bid for the White Bear Avenue/County Road D improvements (White Bear Avenue Portion), City Project 08-13.Also moved toapprove the traffic signal maintenance agreements with Ramsey County for the signals at the intersections of White Bear Avenue and County Road D, White Bear Avenue and Woodlynn Avenue, White Bear Avenue and Lydia Avenue, and at White Bear Avenue and Beam Avenue and direct the Mayor and City Manager to sign the agreements signifying council approval. Minor revisions as approved by the city attorney are authorized as needed for the agreements.Councilmember Nephew also moved toapprove the cooperative agreement (PW 2010-02) for the White Bear Avenue/County Road D Improvements (White Bear Avenue Portion), City Project 08-13 with Ramsey County, and direct the Mayor and City Manager to sign the agreement signifying council approval. Minor modifications as approved by the city attorney are authorized as needed for the agreement. RESOLUTION 10-05-408 CONCURRENCE FOR AWARD OF BID BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Eureka Construction, Inc. in the amount of $9,495,001.26is the lowest responsible bid for the construction of the White Bear Avenue Improvements (White Bear Avenue portion) – City Project 08-13, and per the cooperative agreement between Ramsey County and the City of Maplewood (Agreement PW2010-02), the City of Maplewood, through this resolution, is signifying concurrence in order for Ramsey County to enter into a construction contract with Eureka Construction, Inc. for said improvements. Adopted by the council this 24th day of May 2010. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 2.Ordinance Prohibiting Certain Conduct Related to Motor Vehicles a.City Attorney, Alan Kantrud gave abrief report and answered questions of the council. b.Maplewood Police Chief, Dave Thomalla addressed the council. Councilmember Juenemannmoved toapprove the language presented in the form of a (first reading) of an ordinanceprohibiting certain conduct related to motor vehicles. Seconded by Mayor Rossbach. Ayes – All The motion passed. The council discussed waiving the second reading of this ordinance. After discussion it was determined to have a second reading of the ordinance at the next council meeting. K.VISITOR PRESENTATIONS 1.Bob Zick, North St. Paul. Mr. Zick expressed his opinions on numerous topics. 2.Diana Longrie, Maplewood. Ms. Longrie spoke regarding the policy of second readings for ordinances and her support to adhere tothat policy. Ms. Longrie statedthat when second readings come back before the city council theyshould not be put on the consent agenda. Ms. Longrie spoke about thetouristcabin property site for The Shores proposal andshared the history of the fee owners of record. May 24, 2010 PacketPageNumber40of213 37 City Council MeetingMinutes L.AWARD OF BIDS 1.Award of Bid for Printing Services for the Maplewood Monthly and the Maplewood Seasons a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the award of bid for printing services for the Maplewood Monthly and the Maplewood Seasons awarded to Nystrom Publishing Company, Inc. in the amount of $159,268.86for the time period of July 2010 through December 2012. Seconded by Mayor Rossbach. Ayes – All The motion passed. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS None. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 9:39p.m. May 24, 2010 PacketPageNumber41of213 38 City Council MeetingMinutes THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber42of213 G-1 AGENDA NO. AGENDA REPORT TO:City Council FROM:Finance Director RE:APPROVAL OF CLAIMS June 14, 2010 DATE: Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $373,418.23Checks # 81339 thru # 81428 dated 05/25/10 thru 05/25/10 $429,795.14Disbursements via debits to checking account dated 05/14/10 thru 05/20/10 $526,294.42Checks # 81429 thru # 81487 dated 05/27/10 thru 6/01/10 $148,864.59Disbursements via debits to checking account dated 05/21/10 thru 05/28/10 $183,332.01Checks # 81488 thru # 81522 dated 06/02/10 thru 06/08/10 $337,480.17Disbursements via debits to checking account dated 05/28/10 thru 06/04/10 $1,999,184.56Total Accounts Payable PAYROLL $487,551.60Payroll Checks and Direct Deposits dated 05/28/10 $2,800.75Payroll Deduction check # 1009030 thru # 1009032 dated 05/28/10 $490,352.35Total Payroll $2,489,536.91GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments PacketPageNumber43of213 P:\APPROVAL OF CLAIMS\2010\AprClms 5-21-10 and 5-28-10 and 6-04-10.xlt Check Register City of Maplewood 05/21/2010 CheckDateVendorDescriptionAmount 8133905/25/201004206H.A. KANTRUDPROSECUTION & LEGAL SRVS - JUNE16,100.00 8134001337911 DISPATCH SERVICES - APRIL20,868.34 05/25/2010RAMSEY COUNTY-PROP REC & REV 8134101190ELECTRIC & GAS UTILITY6,995.22 05/25/2010XCEL ENERGY 01190ELECTRIC & GAS UTILITY2,276.75 05/25/2010XCEL ENERGY 05/25/201001190XCEL ENERGYELECTRIC & GAS UTILITY978.95 05/25/201001190XCEL ENERGYELECTRIC & GAS UTILITY197.14 05/25/201001190XCEL ENERGYFIRE SIRENS29.12 05/25/2010MANDY ANZALDI 8134200115REIMB FOR MILEAGE 1/1 - 3/3177.88 05/25/2010AZURE PROPERTIES 8134304136REFUND FOR OVERPMT NUTRITION CITY52.00 05/25/2010CHARLES E. BETHEL 8134403738RETAINER FOR LEAGL SRVS - JUNE6,375.00 05/25/2010BUBERL BLACK DIRT INC 8134503486BLACK DIRT FOR GOODRICH153.90 05/25/2010ELECTRO WATCHMAN INC. 8134604371ELECTRONIC CARD ACCESS DOORS MCC6,721.49 05/25/2010ELK RIVER FORD2010 FORD CROWN VICTORIA INTERCEPTO22,422.32 8134703631 8134800464SQUAD BUILD - 949306.61 05/25/2010EMERGENCY AUTOMOTIVE TECH, INC 8134904497DRAINAGE & UTILITY EASEMENT10,100.00 05/25/2010MARGARET J. FETT 8135004497TEMPORARY STORAGE515.00 05/25/2010MARGARET J. FETT 05/25/2010ALERUS FINANCIALESCROW RELEASE 2520 WHITE BEAR AVE6,629.30 8135104493 8135205/25/201000531FRA-DOR INC.BLACK DIRT KOHLMAN-ENGLISH CULVERT112.22 8135300543MCC RICOH COPIER LEASE - MAY352.69 05/25/2010GE CAPITAL 8135405/25/201004428HELLO! BOOKING, INC.CONCERT TICKET SALES 5/7 MCC1,661.25 8135505/25/201004306INSTANT WHIP-MINNEAPOLIS, INC.MDSE FOR RESALE207.08 05/25/2010K D HOMES INC 8135600779ESCROW RELEASE 2556 BETH COURT2,649.52 8135705/25/201000393 DEPT OF LABOR & INDUSTRYMONTHLY SURTAX - APRIL 90071230351,276.90 8135805/25/201000896M C M AMEMBERSHIP DUES80.00 8135905/25/201002215JASON MARINOSECURITY OFFICER MAY 15 MCC227.50 8136005/25/201004492MAVIS KARN & ASSOCIATESCRITICAL INCIDENT DEBRIEFS400.00 8136105/25/201000983METRO SALES INCLEASE PMT 5/15 - 6/151,403.27 8136205/25/201000985METROPOLITAN COUNCILWASTEWATER - JUNE214,216.69 05/25/2010METROPOLITAN COUNCIL 8136300986MONTHLY SAC - APRIL18,711.00 8136405/25/201003997MFRAPROJ 08-12 SURVEY2,100.00 8136505/25/201004316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - APRIL845.00 05/25/2010MN ELEVATOR INC 8136601042REPLACE ELEVATOR MOTOR MCC5,028.00 05/25/2010MN POLLUTION CONTROL AGENCY 8136701088PROJ 09-15 MPCA PERMIT75.00 05/25/2010CITY OF NORTH ST PAUL 8136801175MONTHLY UTILITIES2,945.45 8136905/25/201000001ONE TIME VENDORREIMB D PETERSON IRRIGATION SYS400.00 05/25/2010ONE TIME VENDOR 8137000001REFUND R JOHNSON UCARE BENEFIT200.00 05/25/2010ONE TIME VENDOR 8137100001REFUND K ZIMMER HP BENEFIT200.00 05/25/2010ONE TIME VENDOR 8137200001REFUND MISGEN HP BENEFIT160.00 8137305/25/201000001ONE TIME VENDORREFUND KRAFT HP BENEFIT160.00 8137405/25/201000001ONE TIME VENDORREFUND LAKOUR HP BENEFIT160.00 05/25/2010ONE TIME VENDOR 8137500001REFUND T ROUNGOU UCARE BENEFIT120.00 05/25/2010ONE TIME VENDORREFUND PRISM TITLE OVER PMT ABATEME105.62 8137600001 8137705/25/201000001ONE TIME VENDORREFUND R MAVES UCARE BENEFIT100.00 8137800001REFUND S WELTER UCARE BENEFIT100.00 05/25/2010ONE TIME VENDOR 8137905/25/201000001ONE TIME VENDORREFUND S O'KEEFE HP BENEFIT100.00 05/25/2010ONE TIME VENDOR 8138000001REFUND K SOFIE HP BENEFIT80.00 8138105/25/201000001ONE TIME VENDORREFUND B PIERCE HP BENEFIT80.00 8138205/25/201000001ONE TIME VENDORREIMB J BEAUPRE MEDICA BENEFIT80.00 8138305/25/201000001ONE TIME VENDORREFUND B WELSCH MEDICA BENEFIT80.00 8138405/25/201000001ONE TIME VENDORREIMB J MALSOM IRRIGATION SYS78.65 8138505/25/201000001ONE TIME VENDORREFUND S EKBLAD HP BENEFIT60.00 8138605/25/201000001ONE TIME VENDORREFUND A WAEFFLER HP BENEFIT60.00 8138705/25/201000001ONE TIME VENDORREFUND J WOZNIAK HP BENEFIT60.00 PacketPageNumber44of213 8138800001REFUND K GUNDERMAN MEDICA BENEFIT60.00 05/25/2010ONE TIME VENDOR 8138905/25/201000001ONE TIME VENDORREIMB M TRITCHLER TRANSPORTATION58.10 8139000001REFUND C VOSS UCARE BENEFIT40.00 05/25/2010ONE TIME VENDOR 8139100001REFUND A LIUZZI BCBS BENEFIT40.00 05/25/2010ONE TIME VENDOR 8139205/25/201000001ONE TIME VENDORREFUND C PAGUIN BCBS BENEFIT40.00 8139305/25/201000001ONE TIME VENDORREFUND M RAUSCHER BCBS BENEFIT40.00 8139405/25/201000001ONE TIME VENDORREFUND T SHIPSHOCK BCBS BENEFIT40.00 8139505/25/201000001ONE TIME VENDORREFUND D WELIN HP BENEFIT40.00 8139605/25/201000001ONE TIME VENDORREFUND J MEYER MEDICA BENEFIT40.00 8139705/25/201000001ONE TIME VENDORREFUND E NELSON MEDICA BENEFIT40.00 8139805/25/201000001ONE TIME VENDORREFUND A BECKER HP BENEFIT20.00 8139905/25/201000001ONE TIME VENDORREFUND D CARDENAS HP BENEFIT20.00 8140005/25/201000001ONE TIME VENDORREFUND M GETTS HP BENEFIT20.00 8140105/25/201000001ONE TIME VENDORREFUND A MATHEYS MEDICA BENEFIT20.00 05/25/2010ONE TIME VENDOR 8140200001REFUND P MCGURRAN HP BENEFIT20.00 05/25/2010ONE TIME VENDOR 8140300001REFUND L PETERSON HP BENEFIT20.00 05/25/2010ONE TIME VENDOR 8140400001REFUND L TRAN HP BENEFIT20.00 05/25/2010ONE TIME VENDOR 8140500001REFUND S WITT HP BENEFIT20.00 05/25/2010ONE TIME VENDOR 8140600001REFUND A BIRKHOFER HP BENEFIT20.00 05/25/2010ONE TIME VENDOR 8140700001REFUND K BOOKER HP BENEFIT20.00 8140805/25/201000001ONE TIME VENDORREFUND M BRENNAN BCBS BENEFIT20.00 8140905/25/201000001ONE TIME VENDORREFUND C CRONIN HP BENEFIT20.00 8141005/25/201000001ONE TIME VENDORREFUND M MENDEZ BCBS BENEFIT20.00 05/25/2010ONE TIME VENDOR 8141100001REFUND NOTTINGHAM BCBS BENEFIT20.00 05/25/2010ONE TIME VENDOR 8141200001REFUND S KLEITER-SEMLAK HP BENEFIT20.00 8141305/25/201000001ONE TIME VENDORREFUND S ZIMNIEWICZ BCBS BENEFIT20.00 05/25/2010ONE TIME VENDOR 8141400001REFUND A ZINMER BCBS BENEFIT20.00 05/25/2010ANDREA PLACE 8141504442REIMB FOR TUITION 3/4 - 4/25438.75 05/25/2010POST BOARD 8141601283POLICE OFFICER LICENSE90.00 8141705/25/201004112PROFESSIONAL WIRELESS COMMTWO-WAY RADIOS FOR FLEET4,833.23 05/25/201004112PROFESSIONAL WIRELESS COMMTWO-WAY RADIOS FOR NEW TRUCKS789.51 05/25/201004112PROFESSIONAL WIRELESS COMML BRACKET FOR TWO-WAY RADIOS43.28 8141805/25/201001359REGAL AUTO WASH DETAIL XXCAR WASH CHARGES - APRIL180.00 ESCROW RELEASE 2836 WHITE BEAR AVE1,033.62 8141905/25/201004494DONALD B. REGAN 04494ESCROW RELEASE 1985 RADATZ AVE1,021.07 05/25/2010DONALD B. REGAN 8142005/25/201004436CYNTHIA JEAN SORINI REISTADZUMBA INSTRUCTOR APRIL256.00 8142101387ADMIN FEE FOR FITNESS PROG - MAY100.00 05/25/2010DR. JAMES ROSSINI 8142205/25/201001391ROTO-ROOTER SERVICES COMPANYPROJ 09-15 TELEVISING220.84 05/25/2010ROTO-ROOTER SERVICES COMPANY 01391PROJ 09-15 TELEVISING189.00 05/25/2010ROTO-ROOTER SERVICES COMPANY 01391PROJ 09-15 TELEVISING181.84 05/25/2010ROTO-ROOTER SERVICES COMPANY 01391PROJ 09-15 TELEVISING150.00 05/25/201001391ROTO-ROOTER SERVICES COMPANYPROJ 09-15 TELEVISING150.00 05/25/2010SCHWAN FOOD CO 8142304043MDSE FOR RESALE43.96 05/25/2010SCHWAN FOOD CO 04043MDSE FOR RESALE37.86 05/25/2010CITY OF ST PAUL 8142401836RADIO SHOP SERVICES - APRIL406.23 05/25/2010CITY OF ST PAUL 01836CRIME LAB SERVICES - APRIL150.00 STREET LIGHT LOCATING LEGACY VILLAG51.80 05/25/201001836CITY OF ST PAUL 8142505/25/201001574T.A. SCHIFSKY & SONS, INCBASE/ASPHALT ENGLISH-KOHLMAN1,892.82 05/25/201001574T.A. SCHIFSKY & SONS, INCBITUMINOUS MATERIALS - STREET1,595.31 8142605/25/201001615THERMO-DYNE, INC.REPAIR HEATING AIR/WATER LAP POOL2,267.59 8142705/25/201001669TWIN CITIES TRANSPORT &FORFEITED VEHICLE TOWING - APRIL788.46 05/25/2010WEST GOVERNMENT SERVICES 8142804402CLEAR CHARGES - APRIL254.10 373,418.23 Checks in this report. 90 PacketPageNumber45of213 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 05/14/1005/17/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,892.43 05/14/1005/17/10ICMA (Vantagepointe)Deferred Compensation3,244.65 05/14/1005/17/10MN Dept of RevenueFuel Tax309.75 05/14/1005/17/10MN Dept of Natural ResourcesDNR electronic licenses1,041.00 05/14/1005/18/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)18,314.48 05/15/1005/18/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)2,822.38 05/17/1005/18/10ICMA (Vantagepointe)Retiree Health Savings13,970.13 05/17/1005/18/10Labor UnionsUnion Dues1,887.00 05/17/1005/18/10PERAPERA86,192.15 05/17/1005/18/10US TreasurerFederal Payroll Tax (FICA)101,461.06 05/17/1005/18/10INGDeferred Compensation24,730.62 05/17/1005/18/10VancoFrequent Fitness67.80 05/18/1005/19/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,932.45 05/18/1005/19/10HRA - AULHRA Flex plan84,800.37 05/18/1005/19/10HRA - AULHRA Flex plan1,333.33 05/18/1005/19/10MN State TreasurerState Payroll Tax22,021.90 05/19/1005/20/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,329.60 05/19/1005/20/10MN Dept of RevenueSales Tax7,401.00 05/19/1005/20/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)2,822.38 05/20/1005/21/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)10,220.66 TOTAL429,795.14 *Detailed listing of VISA purchases is attached. PacketPageNumber46of213 Check Register City of Maplewood 05/28/2010 CheckDateVendorDescriptionAmount 8142905/27/201000001ONE TIME VENDORREIMB S CHANG CAR WINDOW/RENTAL383.81 8143000499CIP PREPARATION 4/11 - 5/8892.50 06/01/2010DANIEL F. FAUST 8143102728PROJ 09-04 PROF SRVS THRU 4/3023,460.45 06/01/2010KIMLEY-HORN & ASSOCIATES INC 02728PROJ 09-13 PROF SRVS THRU 4/3023,194.14 06/01/2010KIMLEY-HORN & ASSOCIATES INC 06/01/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 04-21 PROF SRVS THRU 4/305,102.59 06/01/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 02-21 PROF SRVS THRU 4/303,048.95 06/01/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 03-07 PROF SRVS THRU 4/301,052.05 06/01/2010XCEL ENERGY 8143201190ELECTRIC & GAS UTILITY19,100.32 06/01/2010YOCUM OIL CO. 8143301798CONTRACT GASOLINE - MAY14,177.64 06/01/2010ANIMAL CONTROL SERVICES 8143400111PATROL & CALLOUT FEES 4/26 - 5/232,350.00 06/01/2010ANXON, INC. 8143504498ESCROW RELEASE 1700 RICE ST1,023.48 06/01/2010CHAD BERGO 8143601936REIMB FOR INTERNET - MAY63.31 06/01/2010CNAGLAC 8143702929MONTHLY PREMIUM - JUNE515.76 8143806/01/201000309COMMISSIONER OF TRANSPORTATIONTESTING PROJ 08-20 & 09-1393.20 8143906/01/201000425JOHN P DUCHARMEREIMB FOR MILEAGE 5/2052.50 8144006/01/201004137THE EDGE MARTIAL ARTSKARATE INSTRUCTION357.50 06/01/2010ESCROW REFUNDESCROW REL PERSONAL PRIDE GORDON 350.00 8144100003 8144206/01/201000477ESS BROTHERS & SONS INCMANHOLE COVERS & PAVING RINGS2,169.56 8144304013ESCROW RELEASE 2300 HAZELWOOD8,210.93 06/01/2010FAULKNER CONSTRUCTION INC. 8144406/01/201004132KAREN FORMANEKREIMB FOR TUITION & BOOKS 1/11 - 5/10533.75 06/01/2010CHRIS HANNA 8144504499ESCROW RELEASE1,068.77 06/01/2010HEALTHEAST VEHICLE SERVICES 8144602945PRINTER MOUNT87.19 8144706/01/201000644HEALTHPARTNERSMONTHLY PREMIUM - JUNE9,942.68 8144806/01/201000615HLB TAUTGES REDPATH, LTDAUDIT SRVS THRU 4/3025,080.00 8144906/01/201003597MARY JO HOFMEISTERREIMB FOR MILEAGE 4/20 - 5/713.25 8145006/01/201004504COLE HOLMBERGINSTRUCTION OF LOSE2WIN SEMINAR146.00 8145106/01/201004152ISD 622 COMMUNITY EDUCATIONVOLLEYBALL GYM RENTAL1,509.00 8145206/01/201004503KASEY KECKEISENREGISTRATION FEE250.00 06/01/2010JOHNNIE LU 8145302966REIMB FOR MEALS 5/17 - 5/2053.10 8145406/01/201004310MCFOAMEMBERSHIP FEES70.00 8145506/01/201003818MEDICAMONTHLY PREMIUM - JUNE160,989.70 06/01/2010MEDICARE PART B 8145604114REFUND FOR TRANS MEDIC MW01026336.44 06/01/2010MEER CONSTRUCTION, INC.ESCROW RELEASE 2920 WHITE BEAR AVE2,046.38 8145704029 8145806/01/201004142POLLY MEYERLINE DANCE INSTRUCTOR70.00 8145901126MONTHLY PREMIUM - JUNE456.00 06/01/2010MN NCPERS LIFE INSURANCE 8146006/01/201002923OAKDALE FIRE DEPARTMENTAMB COT & PAGERS1,200.00 06/01/2010OFFICE OF SECRETARY OF STATE 8146103903NOTARY APPLICATION40.00 06/01/2010ONE TIME VENDOR 8146200001REFUND H GIMBLE AMB 0834941,721.00 8146306/01/201000001ONE TIME VENDORREFUND D LEGATO MEDICA80.00 8146406/01/201000001ONE TIME VENDORREFUND J EWALD PLANTING-PLAYCREST69.84 06/01/2010ONE TIME VENDOR 8146500001REFUND K MCKENZIE MEDICA40.00 06/01/2010ONE TIME VENDOR 8146600001REFUND C VOSS UCARE BENEFIT40.00 06/01/2010ONE TIME VENDOR 8146700001REFUND JOHNSON UCARE BENEFIT40.00 8146806/01/201000001ONE TIME VENDORREFUND L ROAL MEMBERSHIP37.49 06/01/2010ONE TIME VENDOR 8146900001REFUND S ERICKSON MEDICA20.00 06/01/2010ONE TIME VENDOR 8147000001REFUND E GROEBE UCARE BENEFIT20.00 8147106/01/201002563PHILIPS MEDICAL SYSTEMSMRX MONITOR17,987.20 06/01/201002563PHILIPS MEDICAL SYSTEMSSERVICE CONTRACT FOR MRX3,011.82 06/01/201002563PHILIPS MEDICAL SYSTEMSHEARTSTART FRX DEFIBRILLATOR1,496.95 06/01/201002563PHILIPS MEDICAL SYSTEMSSERVICE CONTRACT FOR MRX-2,384.57 8147206/01/201004500ERIC POPPINGAESCROW RELEASE1,923.59 8147306/01/201000396DEPT OF PUBLIC SAFETYHAZARDOUS CHEMICAL INV FEE25.00 8147406/01/201001345RAMSEY COUNTYPROPOSED PROP TAX NOTICE REIMB2,968.34 PacketPageNumber47of213 8147504502REIMB FOR MEALS 5/17 - 5/2061.42 06/01/2010BRADLEY REZNY 8147606/01/201004264RWMWDFUNDING WATERSHED DISTRICT EVENT750.00 8147701418GYM/DANCE/KIDS CLUB SUPPLIES244.26 06/01/2010SAM'S CLUB DIRECT 01418MDSE FOR RESALE214.67 06/01/2010SAM'S CLUB DIRECT 06/01/201001418SAM'S CLUB DIRECTMDSE FOR RESALE200.25 06/01/201001418SAM'S CLUB DIRECTCARVER GYM SUPPLIES174.68 06/01/201001418SAM'S CLUB DIRECTFUNERAL LUNCHEON SUPPLIES124.44 06/01/201001418SAM'S CLUB DIRECTMDSE FOR RESALE60.16 CHILDCARE SNACKS & B-DAY PROG SUPP56.08 06/01/201001418SAM'S CLUB DIRECT 01418B-DAY PROG SUPPLIES39.93 06/01/2010SAM'S CLUB DIRECT 8147803879EMS FEES - JUNE616.75 06/01/2010SANSIO 8147901463MCC MASSAGES - APRIL1,406.00 06/01/2010SISTER ROSALIND GEFRE 8148006/01/201002274SPRINTSPRINT SRVS 4/15 - 5/146,044.81 8148106/01/201001635TOWER ASPHALT INCPROJ 09-13 HOLLOWAY/STANICH167,627.88 06/01/2010URS CORPORATION 8148202165PROJ 02-07 ENGINEERING FEES10,000.00 06/01/2010US BANK 8148302464PAYING AGENT FEES750.00 06/01/2010US BANK 02464PAYING AGENT FEES750.00 06/01/2010WASHINGTON CTY CHIEF OF POLICE 8148403103MEMBERSHIP FEES100.00 06/01/2010THE WATSON CO INC 8148501750MDSE FOR RESALE171.76 06/01/2010JAY WENZEL 8148602057REIMB FOR SHOES 3/2057.99 8148706/01/201004355KEVIN P. YARITZSOFTBALL INSTRUCTION255.73 526,294.42 Checks in this report. 59 PacketPageNumber48of213 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 05/21/1005/24/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)10,211.02 05/21/1005/24/10ARC AdministrationDCRP & Flex plan payments1,453.01 05/21/1005/24/10MN Dept of Natural ResourcesDNR electronic licenses3,246.91 05/24/1005/25/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)18,213.25 05/24/1005/25/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)7,692.69 05/25/1005/26/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,472.31 05/26/1005/27/10ThuMN State TreasurerDrivers License/Deputy Registrar(city clrk)20,549.75 05/26/1005/27/10US Bank VISA One Card*Purchasing Card Items49,272.12 05/27/1005/28/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)20,753.53 TOTAL148,864.59 *Detailed listing of VISA purchases is attached. PacketPageNumber49of213 Transaction DatePosting DateMerchant NameTransaction AmountName 05/14/201005/18/2010GRAND VIEW LODGE & TENNIS$162.68 R CHARLES AHL 05/07/201005/14/2010GRAND VIEW LODGE & TENNIS($138.71)JAMES ANTONEN 05/08/201005/10/2010THE HOME DEPOT #2820$11.77 MANDY ANZALDI 05/12/201005/14/2010S&S WORLDWIDE$81.60 MANDY ANZALDI 05/07/201005/10/2010POOLSIDE$265.89 JIM BEHAN 05/08/201005/11/2010NUCO2 QPS$537.81 JIM BEHAN 05/10/201005/12/2010THE HOME DEPOT 2801$15.40 JIM BEHAN 05/10/201005/13/2010E L REINHARDT COMPANY INC$701.07 JIM BEHAN 05/10/201005/14/2010BLOOMINGTON SECURIT$447.80 JIM BEHAN 05/13/201005/14/2010THE UPS STORE #2171$14.77 JIM BEHAN 05/13/201005/14/2010SIMPLEX GRINNELL WEB P$718.01 JIM BEHAN 05/14/201005/14/2010ACCESSIBLE ENVIRONMENTS$101.30 JIM BEHAN 05/14/201005/17/2010MUSKA LIGHTING CENTER$316.07 JIM BEHAN 05/14/201005/17/2010MED-FIT SYSTEMS, INC.$184.74 JIM BEHAN 05/14/201005/17/2010AQUA LOGICS INC$96.54 JIM BEHAN 05/17/201005/19/2010PARK SUPPLY OF AMERICA IN$135.56 JIM BEHAN 05/18/201005/19/2010TWIN CITY HARDWARE HALE$205.88 JIM BEHAN 05/18/201005/20/2010A.P.I. SUPPLY INC$208.90 JIM BEHAN 05/18/201005/20/2010PARK SUPPLY OF AMERICA IN$9.17 JIM BEHAN 05/19/201005/20/2010PRIORITY COURIER EXPERTS$83.71 JIM BEHAN 05/19/201005/21/2010THE HOME DEPOT 2801$18.90 JIM BEHAN 05/20/201005/21/2010MED-FIT SYSTEMS, INC.$130.00 JIM BEHAN 05/20/201005/21/2010MED-FIT SYSTEMS, INC.$81.09 JIM BEHAN 05/20/201005/21/2010MINNESOTA ELEVATOR INC$968.99 JIM BEHAN 05/14/201005/14/2010HP DIRECT - SMB$208.89 CHAD BERGO 05/07/201005/10/2010PETCO 1650 63516504$16.04 OAKLEY BIESANZ 05/12/201005/13/2010WALGREENS #3122$7.48 OAKLEY BIESANZ 05/12/201005/13/2010ORGANICWORMCOMPOSTI$29.95 OAKLEY BIESANZ 05/09/201005/10/2010AUTOZONE #3082$24.61 RON BOURQUIN 05/12/201005/13/2010PETSMART INC 461$54.39 NEIL BRENEMAN 05/14/201005/20/2010TIERNEY BROTHERS INC$884.31 TROY BRINK 05/18/201005/20/2010THE HOME DEPOT 2801$132.51 TROY BRINK 05/19/201005/21/2010THE HOME DEPOT 2801$21.40 TROY BRINK 05/13/201005/17/2010JOANN ETC #1970$93.48 HEIDI CAREY 05/14/201005/17/2010JOANN ETC #1970$18.87 HEIDI CAREY 05/17/201005/18/2010PRICE CHOPPER, INC$1,392.16 HEIDI CAREY 05/06/201005/11/2010STUDS OF L'AUBERGE$427.83 NICHOLAS CARVER 05/06/201005/11/2010ASIA$187.89 NICHOLAS CARVER 05/06/201005/19/2010STUDS OF L'AUBERGE($427.83)NICHOLAS CARVER 05/06/201005/19/2010ASIA($187.89)NICHOLAS CARVER 05/17/201005/18/2010VIKING ELEC-CREDIT DEPT.$30.87 SCOTT CHRISTENSON 05/17/201005/19/2010THE HOME DEPOT 2801$24.85 SCOTT CHRISTENSON 05/17/201005/19/2010THE HOME DEPOT 2801$11.75 SCOTT CHRISTENSON 05/18/201005/19/2010VIKING ELEC-CREDIT DEPT.$28.35 SCOTT CHRISTENSON 05/19/201005/20/2010VIKING ELEC-CREDIT DEPT.($28.35)SCOTT CHRISTENSON 05/19/201005/20/2010VIKING ELEC-CREDIT DEPT.($28.35)SCOTT CHRISTENSON 05/07/201005/10/2010UNIFORMS UNLIMITED INC$35.50 KERRY CROTTY 05/07/201005/10/2010AAFES TWINS CITIES MCSS$77.80 KERRY CROTTY 05/06/201005/10/2010IN OUT AND STORES, INC$3.12 CHARLES DEAVER 05/08/201005/10/2010THE HOME DEPOT 2801$22.31 CHARLES DEAVER 05/09/201005/11/2010THE HOME DEPOT 2810($4.58)CHARLES DEAVER 05/11/201005/13/2010ADAM'S PEST CONTROL INC$69.63 CHARLES DEAVER 05/12/201005/13/2010FAMILY DOLLAR #5925$1.07 CHARLES DEAVER 05/14/201005/17/2010NORTHERN TOOL EQUIP-MN$106.39 CHARLES DEAVER 05/17/201005/19/2010MILLS FLEET FARM #2700$128.55 CHARLES DEAVER 05/11/201005/12/2010MENARDS 3059$22.46 THOMAS DEBILZAN 05/10/201005/12/2010SUBWAY 00439976$5.80 RICHARD DOBLAR 05/11/201005/13/2010GREEN MILL ST CLOUD$14.24 RICHARD DOBLAR 05/15/201005/17/2010BEST WESTERN HOTELS - ST.$449.50 RICHARD DOBLAR 05/17/201005/19/2010ZIEBART MAPLEWOOD MN 47$224.38 RICHARD DOBLAR 05/12/201005/12/2010U OF M BLOSYS/AG ENG OL$160.00 JOHN DUCHARME 05/11/201005/12/2010HENRIKSEN ACE HARDWARE$22.75 DAVE EDSON 05/19/201005/20/2010MENARDS 3059$123.04 DAVE EDSON PacketPageNumber50of213 05/07/201005/10/2010SAFETY DEPOT$292.04 ANDREW ENGSTROM 05/07/201005/10/2010CENTURY COLLEGE-BO($130.00)PAUL E EVERSON 05/11/201005/12/2010G & K SERVICES 006$1,077.12 LARRY FARR 05/11/201005/12/2010G & K SERVICES 006$602.43 LARRY FARR 05/12/201005/13/2010SCHINDLER ELEVATOR CORP$563.88 LARRY FARR 05/12/201005/14/2010THE TRANE COMPANY$1,227.70 LARRY FARR 05/12/201005/14/2010THE TRANE COMPANY$4,108.00 LARRY FARR 05/14/201005/17/2010TARGET 00000687$13.93 LARRY FARR 05/14/201005/17/2010NOR*NORTHERN TOOL$412.64 LARRY FARR 05/17/201005/18/2010PREMIUM WATERS INC$256.38 LARRY FARR 05/17/201005/19/2010THE HOME DEPOT 2810$78.10 LARRY FARR 05/19/201005/20/2010MENARDS 3059$52.88 LARRY FARR 05/06/201005/10/2010OFFICE DEPOT #1090$54.56 KAREN FORMANEK 05/13/201005/17/2010CURTIS 1000$51.06 KAREN FORMANEK 05/17/201005/18/2010PITNEYBOWES ONLINEBILL$887.00 KAREN FORMANEK 05/12/201005/12/2010PAYPAL INC$59.95 MYCHAL FOWLDS 05/17/201005/19/2010OFFICE DEPOT #1090$59.19 MYCHAL FOWLDS 05/19/201005/21/2010MCLEOD USA TELECOM$1,507.06 MYCHAL FOWLDS 05/10/201005/11/2010BATTERIES PLUS #31$8.56 CLARENCE GERVAIS 05/14/201005/17/2010OFFICE DEPOT #1090$135.18 JEAN GLASS 05/16/201005/17/2010KINNICKINNIC NATIVES PLAN$140.00 JANET M GREW HAYMAN 05/14/201005/17/2010OFFICE MAX$49.77 KAREN E GUILFOILE 05/14/201005/17/2010VZWRLSS*APOCC VISN$106.56 KAREN E GUILFOILE 05/18/201005/20/2010METRO SALES INC$3,029.29 KAREN E GUILFOILE 05/08/201005/10/2010THE HOME DEPOT 2801$73.65 RICK HERLUND 05/07/201005/10/2010UNIFORMS UNLIMITED INC$54.63 KEVIN JOHNSON 05/11/201005/12/2010TARGET 00011858$5.44 KEVIN JOHNSON 05/13/201005/17/2010BLUE RIBBON BAIT & TACKLE$294.80 KEVIN JOHNSON 05/13/201005/14/2010BOUND TREE MEDICAL LLC$222.30 BERNARD R JUNGMANN 05/14/201005/17/2010THE HOME DEPOT 2801$39.90 JASON KREGER 05/10/201005/11/2010ACAPULCO MEXICAN RESTAURA$176.15 LISA KROLL 05/11/201005/12/2010LILLIE SUBURBAN NEWSPAPE$912.39 LISA KROLL 05/19/201005/20/2010PARTY CITY #768$77.87 LISA KROLL 05/10/201005/11/2010POLLUTION CONTROL AGENCY$400.00 STEVEN KUMMER 05/13/201005/14/2010POLLUTION CONTROL AGENCY$400.00 STEVEN KUMMER 05/07/201005/10/2010UNIFORMS UNLIMITED INC$5.36 DAVID KVAM 05/12/201005/13/2010STREICHERS INC$388.92 DAVID KVAM 05/14/201005/14/2010COMCAST CABLE COMM$34.00 DAVID KVAM 05/17/201005/18/2010HEALTHEAST TRANSPORTATN$3,395.55 DAVID KVAM 05/19/201005/20/2010WORLDSCOUT CORPORATION$1,187.64 DAVID KVAM 05/20/201005/21/2010CSD$155.00 DAVID KVAM 05/20/201005/21/2010THE GRAFIX SHOPPE$60.00 DAVID KVAM 05/10/201005/12/2010ASPEN MILLS INC.$302.63 STEVE LUKIN 05/10/201005/12/2010ASPEN MILLS INC.$39.50 STEVE LUKIN 05/10/201005/12/2010ASPEN MILLS INC.$542.70 STEVE LUKIN 05/11/201005/12/2010METRO FIRE$62.85 STEVE LUKIN 05/11/201005/12/2010METRO FIRE$155.40 STEVE LUKIN 05/12/201005/14/2010OREILLY AUTO 00020743$9.63 STEVE LUKIN 05/18/201005/20/2010AIRGAS NORTH CENTRAL$125.55 STEVE LUKIN 05/19/201005/21/2010AIRGAS NORTH CENTRAL$203.70 STEVE LUKIN 05/06/201005/10/2010WM EZPAY$1,232.28 MARK MARUSKA 05/10/201005/12/2010SHARROW LIFTING PRODUCTS$157.12 MARK MARUSKA 05/12/201005/13/2010HUGO'S TREE CARE$619.88 MARK MARUSKA 05/12/201005/13/2010HUGO'S TREE CARE$641.25 MARK MARUSKA 05/14/201005/17/2010MENARDS 3059$113.41 MARK MARUSKA 05/15/201005/17/2010FSH COMMUNICATION01 OF 01$63.90 MARK MARUSKA 05/19/201005/21/2010DAVIS EQUIPMENT$291.27 MARK MARUSKA 05/20/201005/21/2010TRUGREEN # 5635$622.04 MARK MARUSKA 05/14/201005/17/2010CINTAS FIRST AID #431$70.73 BRYAN NAGEL 05/14/201005/17/2010CINTAS FIRST AID #431$65.13 BRYAN NAGEL 05/18/201005/19/2010CINTAS FIRST AID #431$41.20 BRYAN NAGEL 05/18/201005/19/2010CINTAS FIRST AID #431$70.39 BRYAN NAGEL 05/19/201005/21/2010THE HOME DEPOT 2801$172.28 BRYAN NAGEL 05/06/201005/10/2010OFFICE DEPOT #1090$201.52 AMY NIVEN PacketPageNumber51of213 05/17/201005/19/2010OFFICE DEPOT #1090$158.58 AMY NIVEN 05/07/201005/10/2010HENRIKSEN ACE HARDWARE$6.95 RICHARD NORDQUIST 05/18/201005/20/2010OFFICE DEPOT #1090$231.06 MARY KAY PALANK 05/13/201005/14/2010USPS 26834500133401316$39.60 CHRISTINE PENN 05/18/201005/20/2010MIDWAY PARTY RENTAL$669.53 CHRISTINE PENN 05/19/201005/21/2010BIFFS INC$203.54 CHRISTINE PENN 05/07/201005/10/2010CENTURY COLLEGE-BO($130.00)ROBERT PETERSON 05/07/201005/10/2010FITZCO INC$64.28 PHILIP F POWELL 05/13/201005/17/2010US DIGITAL MEDIA INC$125.62 PHILIP F POWELL 05/14/201005/17/2010FLASHMEMORYSTORE.COM$63.79 PHILIP F POWELL 05/14/201005/17/2010CCSS, INC$84.56 PHILIP F POWELL 05/14/201005/17/2010STAPLES 00118836$291.35 PHILIP F POWELL 05/19/201005/20/2010NORTON *SOFTWARE$42.84 PHILIP F POWELL 05/06/201005/10/2010THE STAR TRIBUNE CIRCULAT$260.00 WILLIAM J PRIEFER 05/20/201005/21/2010RAINBOW FOODS 00088617$17.17 WILLIAM J PRIEFER 05/20/201005/21/2010PETSMART INC 461$9.62 WILLIAM J PRIEFER 05/06/201005/10/2010ZARNOTH BRUSH WORKS$425.15 STEVEN PRIEM 05/06/201005/10/2010UNLIMITED SUPPLIES INC$57.23 STEVEN PRIEM 05/10/201005/13/2010UNLIMITED SUPPLIES INC$31.96 STEVEN PRIEM 05/11/201005/12/2010BAUER BUILT TIRE -$773.06 STEVEN PRIEM 05/11/201005/13/2010KATH AUTO PARTS NSP$110.53 STEVEN PRIEM 05/11/201005/13/2010KATH AUTO PARTS NSP$25.60 STEVEN PRIEM 05/11/201005/13/2010DAVIS EQUIPMENT$80.16 STEVEN PRIEM 05/12/201005/13/2010FACTORY MTR PTS #1$29.25 STEVEN PRIEM 05/12/201005/13/2010MACQUEEN EQUIPMENT INC$338.91 STEVEN PRIEM 05/12/201005/14/2010KATH AUTO PARTS NSP$84.03 STEVEN PRIEM 05/13/201005/17/2010KATH AUTO PARTS NSP$79.86 STEVEN PRIEM 05/17/201005/18/2010POLAR CHEVROLET MAZDA PAR$215.97 STEVEN PRIEM 05/17/201005/18/2010POLAR CHEVROLET MAZDA PAR$93.53 STEVEN PRIEM 05/17/201005/19/2010KATH AUTO PARTS NSP$62.14 STEVEN PRIEM 05/18/201005/19/2010BAUER BUILT TIRE -$64.92 STEVEN PRIEM 05/18/201005/20/2010DAVIS EQUIPMENT$162.43 STEVEN PRIEM 05/19/201005/21/2010KATH AUTO PARTS NSP$59.41 STEVEN PRIEM 05/19/201005/21/2010KREMER SPRING & ALIGNMENT$673.51 STEVEN PRIEM 05/20/201005/21/2010POMPS TIRE SERVICE, INC$501.30 STEVEN PRIEM 05/14/201005/17/2010MN OCCUPATIONAL HEALTH$143.00 TERRIE RAMEAUX 05/13/201005/14/2010HILLYARD INC MINNEAPOLIS$596.20 MICHAEL REILLY 05/14/201005/17/2010DALCO ENTERPRISES, INC$436.91 MICHAEL REILLY 05/19/201005/20/2010HILLYARD INC MINNEAPOLIS$967.95 MICHAEL REILLY 05/10/201005/11/2010MENARDS 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100902705/28/10SCHULZE, KEVIN480.00 100902805/28/10STEFFEN, MICHAEL87.00 100902905/28/10ZIELINSKI, JESSICA21.75 487,551.60 PacketPageNumber59of213 Check Register City of Maplewood 06/04/2010 CheckDateVendorDescriptionAmount 8148806/02/201002464US BANKFUNDS FOR ATM8,000.00 8148900463TRUCK REPAIR4,443.76 06/08/2010EMERGENCY APPARATUS MAINT 8149003576RECYCLING CHARGES - MAY28,322.52 06/08/2010EUREKA RECYCLING 8149102728PROJ 08-13 PROF SRVS THRU 4/3027,433.99 06/08/2010KIMLEY-HORN & ASSOCIATES INC 06/08/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 10-07 PROF SRVS THRU 4/3013,993.34 8149206/08/201004422JAMES LLANASREIMB FOR INTERNET 4/23 - 5/2247.50 8149306/08/201001190XCEL ENERGYELECTRIC UTILITY12,860.49 06/08/2010XCEL ENERGY 01190ELECTRIC UTILITY1,068.12 06/08/2010XCEL ENERGY 01190ELECTRIC UTILITY-1.84 06/08/2010XCEL ENERGY 01190METERED SPEED SIGN-3.49 06/08/2010XCEL ENERGY 01190ELECTRIC UTILITY-13.25 06/08/20101ST LINE/LEEWES VENTURES LLC 8149400504POPCORN MAKER FOR SNACK BAR464.91 06/08/20101ST LINE/LEEWES VENTURES LLC 00504MDSE FOR RESALE221.75 06/08/2010005041ST LINE/LEEWES VENTURES LLCMDSE FOR RESALE177.00 06/08/2010005041ST LINE/LEEWES VENTURES LLCMDSE FOR RESALE-147.50 8149506/08/201000048ADOLFSON & PETERSON, INCESCROW RELEASE 2350 MINNEHAHA20,990.55 06/08/2010BARR ENGINEERING CO 8149600157PROJ 09-15 ENGINEERING FEES480.00 06/08/2010BLUE CROSS BLUE SHIELD OF MN 8149704260REFUND PER TRANS MEDIC XZ79194671,390.25 8149806/08/201004066CONNECT ELECTRICMAINT GAR FLEET SRVS SHOP3,822.00 06/08/2010CONNECT ELECTRIC 04066MAINT GAR LABOR FLEET SRVS SHOP3,750.00 06/08/2010CONNECT ELECTRIC 04066ELECTRICAL WORK FIRE STATION #2782.50 06/08/2010STEVEN HIEBERT 8149900668REIMB FOR MEALS 5/24 - 5/2518.21 8150006/08/201004306INSTANT WHIP-MINNEAPOLIS, INC.MDSE FOR RESALE183.91 8150106/08/201004193MIDAMERICA AUCTIONSFORFEITED VEHICLE STORAGE - MAY2,250.00 8150206/08/201001085MN LIFE INSURANCEMONTHLY PREMIUM - JUNE3,313.05 8150306/08/201000001ONE TIME VENDORREIMB GARBERS/NOVAK BCBS BENEFIT80.00 8150406/08/201000001ONE TIME VENDORREFUND RICE-17 DUP PMT LIFE SAFETY79.00 8150506/08/201000001ONE TIME VENDORREFUND S GASSMAN MEMBERSHIP57.84 06/08/2010ONE TIME VENDOR 8150600001REFUND A POPPE SOFTBALL45.00 8150706/08/201000001ONE TIME VENDORREFUND T CONWAY BCBS BENEFIT40.00 8150806/08/201004276PARTNERS IN EDUCATION INCINSTRUCTOR FEES 2/13-3/20 SAT PROG336.00 06/08/2010PARTNERS IN EDUCATION INC 04276INSTRUCTOR FEES 3/27-5/8 SAT PROG288.00 06/08/2010PARTNERS IN EDUCATION INC 04276INSTRUCTOR FEES 3/25-4/29 EVE PROG192.00 06/08/2010PEPSI-COLA COMPANY 8150901254MDSE FOR RESALE531.65 8151006/08/201001391ROTO-ROOTER SERVICES COMPANYPROJ 09-15 TELEVISING189.00 06/08/2010ROTO-ROOTER SERVICES COMPANY 01391PROJ 09-15 TELEVISING189.00 8151106/08/201001409S.E.H.LIONS PARK STORM WATER DRAINAGE6,903.31 06/08/201001409S.E.H.ENGINEERING FEES3,109.32 01409ENGINEERING FEES2,978.04 06/08/2010S.E.H. 01409ENGINEERING FEES2,832.24 06/08/2010S.E.H. 06/08/2010S.E.H. 01409ENGINEERING FEES2,455.86 06/08/2010S.E.H. 01409FLOOD MAP NOTICING AND NPDES905.46 06/08/2010S.E.H. 01409ENGINEERING FEES367.71 8151206/08/201001418SAM'S CLUB DIRECTMEMBERSHIP FEES215.00 06/08/2010SAM'S CLUB DIRECT 01418ADMIN FEE50.00 06/08/2010ST PAUL REGIONAL WATER SRVS 8151300198WATER UTILITY1,640.35 06/08/201000198ST PAUL REGIONAL WATER SRVSKENNARD IRRIGATION82.86 8151406/08/201001836CITY OF ST PAULRECORD MGMT SOFTWARE FEE - JUNE3,798.00 8151506/08/201001516MARY PAULINE STAPLESCONTRACT LABOR 5/18 - 5/27892.50 8151606/08/201001538STREICHER'SEXP ASSOCIATED WITH BODY ARMOR5,593.24 8151706/08/201001550SUMMIT INSPECTIONSELECTRICAL INSPECTIONS - MAY2,323.80 8151806/08/201001574T.A. SCHIFSKY & SONS, INCBITUMINOUS MATERIALS - STREET2,445.77 8151906/08/201000529UNION SECURITY INSURANCE COLTD PLAN 4043120-2 - JUNE2,720.88 PacketPageNumber60of213 8151906/08/201000529UNION SECURITY INSURANCE COSTD PLAN 4043120-1 - JUNE1,924.14 8152006/08/201002464US BANKCASH BOX FOR 6/10/10600.00 8152106/08/201003753VEOLIA ENVIRONMENTAL SERVICESSPRING CLEANUP5,213.27 8152206/08/201001764TOM WESTLINGTENNIS INSTRUCTOR FEE405.00 183,332.01 Checks in this report. 35 PacketPageNumber61of213 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 05/28/1006/01/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,009.25 05/28/1006/01/10PERAPERA82,483.39 05/28/1006/01/10US TreasurerFederal Payroll Tax (FICA)94,771.29 05/28/1006/01/10Labor UnionsUnion Dues4,237.61 05/28/1006/01/10AUL AdministrationHRA Flex plan553.35 05/28/1006/01/10INGDeferred Compensation23,846.69 05/28/1006/01/10MN Dept of Natural ResourcesDNR electronic licenses1,913.50 05/28/1006/01/10MN State TreasurerState Payroll Tax20,063.44 05/28/1006/01/10ICMA (Vantagepointe)Deferred Compensation3,144.65 06/01/1006/02/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)26,324.05 06/01/1006/02/10US Bank VISA One Card*Credit Card Billing Fee1,582.18 06/01/1006/02/10US BankDebt Service payments4,812.50 06/02/1006/03/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)30,359.00 06/03/1006/04/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)21,073.63 06/03/1006/04/10ARC AdministrationDCRP & Flex plan payments6,305.64 TOTAL337,480.17 *Detailed listing of VISA purchases is attached. PacketPageNumber62of213 Agenda Item G2 MEMORANDUM TO: James Antonen, City Manager FROM: Melissa Wygant, Community Development Intern DuWayne Konewko, Community Development and Parks Director Conditional Use Permit Revision for the St. Paul Regional Water Services SUBJECT: Materials Recycling Operation LOCATION: County Road B West of I-35E DATE: June 7, 2010 INTRODUCTION The conditional use permit (CUP) for the St. Paul Regional Water Services Material Recycling Operation is due for its annual review. On October 12, 2009, the city council reviewed this CUP. The council amended the CUP by requiring that the applicant pave the driveway apron by November 15, 2009. The city council also required that the applicant restore the slope to the pond by June 1, 2010. The applicant has completed the paving, but has not completed the stabilization of the slope. John Blackstone, of the SPRWS, stated that they are close to meeting the June 1 deadline. They have contracted to complete this work, but it likely will extend out until the end of June. BACKGROUND November 27, 2006: The city council approved this CUP with the following conditions: 1. The applicant shall comply with the site plan date-stamped October 6, 2006. All construction shall follow that approved site plan. The director of community development and parks may approve minor changes. 2. The construction of the bins and paving of the driveway apron must be substantially started within two years of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. If the applicant has not substantially started this project by that time, the city council may renew this permit. 4. The applicant shall submit a detailed plan for the approval of the city engineer and the Capitol Regions Watershed District showing how they will prevent any erosion and sediment from leaving the site. This plan shall also include the restoration of the rip-rapped areas of the slope down to the pond and detail the construction of a paved driveway apron from County Road B back 50 feet into the site along both branches of the driveway. 5. The annual materials-crushing operation shall be reviewed by staff after the first time to evaluate whether there were any problems or nuisances caused by this activity. The city council may prohibit any subsequent crushing activity if problems and complaints occur. The crushing operation shall be limited to Monday through Friday 8 a.m. to 5 p.m. 6. The applicant must keep the site watered to control the dust. PacketPageNumber63of213 7. All SPRWS vehicles shall enter and leave the site, via the County Road B driveway, to the west from Rice Street. 8. If there are complaints concerning the hauling or crushing operations, the applicant and those complaining shall attempt to resolve the problems via Dispute Resolution. January 14, 2008: The city council did the one year review of this CUP and moved to review it again in one year. September 14, 2009: As stated above, the council heard complaints from the surrounding residents about all-hour hauling and the resulting noise, dust and general disturbance to the neighborhood. The council directed staff to meet with representatives of the neighborhood and the SPRWS to work toward an amicable resolution to the nuisances being experienced due to the dirt-hauling activities and to schedule a public hearing for October 12, 2009 for reconsideration of this CUP. October 12, 2009: The city council reviewed this CUP again and amended the conditions of approval as follows: 1. The applicant shall comply with the site plan date-stamped October 6, 2006. All construction shall follow that approved site plan. The director of community development and parks may approve minor changes. 2. The paving of the driveway apron must be completed by November 15, 2009. The area to be paved shall be from County Road B a distance of 50 feet in. 3. The city council shall review this permit at the beginning of June 2010. 4. The applicant shall complete the restoration of the easterly slope to the pond by June 1, 2010 and shall apply erosion and sediment controls immediately, subject to city engineer requirements. 5. The annual materials-crushing operation shall be reviewed by staff to evaluate whether there were any problems or nuisances caused by this activity. The city council may prohibit any subsequent crushing activity if problems and complaints occur. The crushing operation shall be limited to Monday through Friday, 8 a.m. to 5 p.m. The applicant shall notify the abutting residents three days prior to commencing the periodic crushing operations. 6. The applicant must keep the site watered to control the dust. 7. All SPRWS vehicles shall enter and leave the site, via the County Road B driveway, to the west from Rice Street. 8. If there are complaints concerning the hauling or crushing operations, the applicant and those complaining shall attempt to resolve the problems via Dispute Resolution. 9. The temporary conditional use permit approved by the city council on September 14, 2009, shall end and the permanent amendment to the conditional use permit replaces and repeals the temporary CUP from September 14, 2009. PacketPageNumber64of213 DISCUSSION Engineering Comments Steve Kummer, staff engineer with the city, has reviewed the plans for the slope stabilization. Mr. Kummer stated the following: From a design standpoint, it seems pretty straightforward. They are removing brush, adding organic material, seeding and then hydromulching (tackifier). The only concern I have is seeding such a steep slope. I would like to see them use some type of live stakes or plugs rd along the lowest 1/3 of the slope, similar to the work the city did on stabilizing Maple Hills Pond (used live willow and dogwood stakes and compost bags for slope stabilization). Also, the BWSR seed mix they’re specifying is a standard prairie grass and wildflower mix. Seeded prairies take 3 years to establish if properly managed, so we need to make sure they have a maintenance and management plan in place as part of their ongoing work. From a construction standpoint, they’re leaving the stumps in place from the brush they remove and they’re using a staked compost log in 4 rows along the slope. No concerns with that procedure other than to make sure that the compost logs are maintained until the plant material takes root. As a condition, the city must monitor the stabilization work and require additional measures to be taken if needed in the future. Conclusion Staff feels that since the applicant is very close to full compliance, council should direct staff to make sure that the slope stabilization takes place and is completed by the end of June as the applicant proposes. The city should review this CUP in one year, unless the applicant does not complete the required work by the end of June 2010 and comply with any requirements of the city’s engineering department. RECOMMENDATION Review the conditional use permit for the St. Paul Regional Water Services Material Recycling Operation at Sandy Lake in one year. This CUP shall be reviewed sooner if the applicant does not complete the slope stabilization by the end of June 2010 and provide the city engineer with a maintenance and management plan for this slope stabilization work. PacketPageNumber65of213 REFERENCE INFORMATION SITE DESCRIPTION Site size: 8.5 acres (this is the northeast corner of a larger site totaling over 30 acres) Existing land use: Undeveloped, but currently used as a storage site for recycle materials (dirt, concrete and bituminous) from watermain breaks for the St. Paul Regional Water Services. SURROUNDING LAND USES North: Single dwellings and County Road B South: Single Dwellings East: Undeveloped open space and the St. Paul Business Center West West: The Soo Line Railroad, the Minnesota Waldorf School and the Harambee School PLANNING Land Use Plan designations: OS (open space) Zoning: F (farm residential) CODE REQUIREMENTS Section 44-1092(1) of the city code requires a conditional use permit for public utility, public service or public building uses. Section 44-1101(b) states that the city council may review a conditional use 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 (public hearing requirement) 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. p:sec18\Sandy Lake-SPRWS\Sandy Lake Recycling annual CUP Rev 6 10 te Attachments: 1. Location/Zoning Map 2. Site Plan 3. Letter and Plan from Bonestoo dated May 20, 2010 for Slope Stabilization PacketPageNumber66of213 PacketPageNumber67of213 PacketPageNumber68of213 2335 Highway 36 W Attachment 3 St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com May 20, 2010 ATTN: John Blackstone, P.E. Civil Engineer Saint Paul Regional Water Services Engineering Division Re: Sandy Lake East Embankment Stabilization Plan Saint Paul Regional Water Services SPRWS PO#: 18944 Bonestroo File No.: 1428-10106 Dear Mr. Blackstone: This letter and the attached Slope Stabilization Plan (Figure 1) provide the project background, stabilization approach, design, and cost estimate to complete the necessary stabilization at the Sandy Lake East Embankment Site in the City of Maplewood. Project Background This project involves stabilizing the slope of the Saint Paul Regional Water Service facility located southwest of County Road B and Highway 35E at the site named the Sandy Lake East Embankment in Maplewood, MN. Surface erosion is occurring along the slope due to a lack of herbaceous vegetation and historic flows from the adjacent land to the west. There is currently a shallow open water wetland community located near the toe of the slope that will receive sediment if the slope is not stabilized. The first phase of this project involved limiting the flows that would flow down the slope. This has been accomplished by grading a drainage swale west of the dirt road along the west side of the slope. The drainage swale intercepts most of the flows from the west so they will no longer flow down the slope. In addition, the gravel road that exists on-site has been sloped to drain to the drainage swale rather then the slope. This work was finished in 2009. As part of the stabilization design, we completed a site assessment. The site assessment involved a review of the soils and vegetation to determine the reasons for erosion. Several hand soil augers were dug to a depth of 12 inches to assess the soil condition for vegetative development. The slope is an historic fill slope that contains gravel mixed with sandy loam. There is very little PacketPageNumber69of213 soil development and the soil lacks organic material. During the site visit no herbaceous growth was observed. Approximately 75% of the slope is vegetated by the invasive shrub species of honey suckle and buckthorn. These species have resulted in shading the slope and combined with the poor soil are the main reasons for the limited herbaceous cover. Red osier dogwood shrubs are found sporadically throughout the slope. Tree species along the slope include cottonwood and boxelder with black willow near the toe of the slope at the wetland edge. Proposed Stabilization Approach As mentioned previously, currently, the invasive shrub species are shading out herbaceous growth resulting in bare soils under the shrub canopy. This has allowed surface erosion to continue to occur. As part of the permanent slope stabilization plan we will develop herbaceous vegetation along the slope. In order to establish herbaceous vegetation the following tasks are proposed: Invasive Shrub Removal to Open Up Canopy. Opening the canopy will involve cutting all invasive shrubs greater then ¼ inch in size and treating all invasive brush on the slope. This represents 75% of the wood shrub material on the slope. All invasive shrubs ¼ inch and larger will be cut and treated. A foliar spray will be used on all invasive shrubs less then ¼ inch. Methods to be used include cutting stumps within six inches of ground with a brush saw or chainsaw. Herbicide application will be performed by licensed herbicide applicators and a 20% solution of glyphosate or other appropriate herbicide will be applied directly to the cut stump immediately after cutting. Soil Amendment. This will make soils conducive to herbaceous vegetation establishment by adding a two-inch compost blanket to entire slope (48 cubic yards). 6-Inch Curlex Sediment Log. This product is proposed to be installed at the top of the slope to reduce the amount of flows reaching the slope during vegetative development and at the toe of the slope above wetland as erosion control. It will also be installed in 10-foot intervals parallel along the slope to help stabilize the slopes by shortening the slope length and by slowing spreading and filtering overland water flows. This helps to prevent sheet erosion as well as rill and gully development, both of which occur when runoff flows uninterrupted down a slope. Seed BWSR Mix U7. This is a native seed mix that has plants conducive to the partial shade conditions found on this slope. Spray on the Bonded Fiber Matrix. This will protect the seeded slope from erosion during vegetative development. PacketPageNumber70of213 Cost Estimate We estimate a cost of $14,966.00 to have the work completed as described above. The details of the cost are provided in the table below. ItemUnitQuantityUnit CostTotal Cost Invasive Shrub Removal 7700 SFLS1$2,650.00$2,650.00 2-inch Compost BlanketCY48$55.00$2,640.00 6-inch Curlex Sediment LogLF1,060$5.60$5,936.00 Seeding BWSR U7 7700 SFLS1$500.00$500.00 Install Bonded Fiber MatrixSY856$2.50$2,140.00 Mobilization/ManagementLS1$1,100.00$1,100.00 Total:$14,966.00 If you have any questions regarding this letter or the Slope Stabilization Plan attached, please feel free to give me a call. Sincerely, BONESTROO John Smyth, CWD Project Manager (651) 604-4708 Attachments: Figure 1. Slope Stabilization Plan Sandy Lake East Embankment PacketPageNumber71of213 FIGURE 1 SLOPE STABILIZATION PLAN ST PAUL REGIONAL WATER SERVICES SANDY LAKE EAST EMBANKMENT, MAPLEWOOD I:\1428\1428101060\CAD\Dwg\1428101060_Plan.dwg 18 May 2010 PacketPageNumber72of213 Agenda Item G3 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP,Planner DuWayne Konewko, Community Development and Parks Director Reconsideration of the Rezoning of the Lots Fronting on SUBJECT: Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling residential) to R-1R (rural conservation dwelling district) LOCATION: Southof Carver Avenue, west of I-494 VOTE REQUIRED:Simple Majority Required for Approval DATE: June 4, 2010 INTRODUCTION At theMay 10, 2010 council meeting, the city council tabled the rezoning of the lots fronting on Dorland Road, Heights Avenue and Overlook Circle. The city council did not agree with therecommendation to rezone these single-family home sites to RE 30 (residential estate). Thecity council directed staff to bring this rezoning back to the planning commission for their information and comment and then back to the council on June 14, 2010 to rezone the properties R-1R (rural conservation dwelling district). 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.Byapproving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise ourzoning map and zoning ordinancecontrolsto be in conformance with the newly approved land use classifications throughout the city. Proposal Thisrezoning would be for the 25 single dwellings located along Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling) to R-1R (rural conservation dwelling district). Refer to the maps. The 2030 Comprehensive Plan has guided these 25 parcels as rural low density residential. Because of this guide, the city now needs to rezone all 25parcels to a zoning district that is consistent with the comprehensive plan.The city council wants to use the R-1R district for these homes so that they are consistent with other residentially zoned properties nearby. The 2030 Comprehensive Plan’s rural low density residential designation and the R-1R zoning district areconsistent with one another. All legal lots today will continue to be legal lots under the R-1R zoning district. Request Rezonethe above described properties from R1 to R-1R. PacketPageNumber73of213 BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 ComprehensivePlan. On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. April 20, 2010: The planning commission recommended approval of the rezoning of these properties from R1 to RE 30. May 10, 2010: The city council tabled the rezoning and directed staff to bring the matter back on June 14, 2010 in order to rezone the properties to R-1R. May 18, 2010: The planning commission reviewed the council’s direction of rezoning the parcels to R-1R. The planning commission made a motion of disapproval of the R-1R zoning. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutesrequires that citiesamend their official zoning controls within nine months of adopting therevised comprehensive land use plan.As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. 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 match the newly adopted rural lowdensity residentialclassification on the comprehensive plan. Rezoning these properties to R-1R would satisfy this requirement. Therefore, staff is recommending the city council revisethe zoning map accordingly. RECOMMENDATION Approve the rezoning of the single family dwellings fronting Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling) to R-1R (rural conservation dwelling district).This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of thesepropertiesinto conformance with the adopted comprehensive land use plan classification. 2 PacketPageNumber74of213 REFERENCE SITE DESCRIPTION Site Size:25 parcels ranging from 0.27 acres to 0.52 acres in size Existing Uses: Single-family dwellings SURROUNDING LAND USES North:Single dwellings South:Creek County Open Space East:Single dwellings and vacant land West:Single dwellings and Fish Creek County Open Space PLANNING Land Use Plan Designation: Rural LowDensity Residential Zoning: R1—existing; R-1R—proposed p:Compplan\zoning follow-up to 2030 Plan\rezoning to R1R_Dorland_ CC_061410 Attachments: 1.Location/Aerial Map 2.Land Use Map 3.Zoning Map 4.April 20, 2010 planning commission minutes 5.May 18, 2010 planning commission minutes 6.Rezoning Resolution 3 PacketPageNumber75of213 Attachment 1 2030 Comprehensive Plan — Zoning Follow Up Dorland Road, Heights Avenue and Overlook Circle neighborhood Figure One — Location Map City of Maplewood April 12, 2010 NORTH PacketPageNumber76of213 Attachment2 PacketPageNumber77of213 Attachment 3 PacketPageNumber78of213 Attachment 4 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY,APRIL 20, 2010 V.PUBLIC HEARINGS c. 7:30 p.m.: Rezoning of the lots fronting on Dorland Road, Heights Avenue and Overlook Circle from R1 (single-dwelling residential) to RE30 (residential estate 30) Planner Ekstrand presented the staff report for this request for the rezoning of25 single dwellings located along Dorland Road, Heights Avenue and Overlook Circle from R1 (single-dwelling residential) to RE30 (residential estate 30). These properties have been guided for rural low density residential by the new 2030 Comprehensive Plan and staff is now recommending that the city rezone all 25 parcels to residential estate 30, since this zoning district best matches the intent of the comprehensive plan and the existing development of this neighborhood. The public hearing was opened for comments. The following person spoke: Greg Miller, 1372 Dorland Road South, asked staff for further information on whether the lots will remain as a conforming use. Planner Ekstrand read information on the RE30 zoning requirements from the staff report and said the only difference would be a requirement of a 20-foot setback. Planner Ekstrand assured Mr. Miller that any existing setbacks would be grandfathered in and the 20-foot setback would apply only to new construction. There werenofurther comments. The public hearing was closed. Commissioner Trippler moved approval of the rezoning of the single family dwellings fronting Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling) to RE30 (residential estate 30). This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requires the city to bring the zoning of these properties into conformance withthe adopted comprehensive land use plan classification. Commissioner Boeser seconded Ayes – all The motion passed. PacketPageNumber79of213 Attachment 5 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 18, 2010 VII.UNFINISHED BUSINESS a.Reconsideration of the Rezoning of the Lots Fronting on Dorland Road, Heights Avenue and Overlook Circle from R1 (single-dwelling residential) to R1R (rural conservation dwelling district) Planner Tom Ekstrand presented the staff report for this rezoning of 25 single dwellings located along Dorland Road. Planner Ekstrand explained that this rezoning was previously considered by the commission and who recommended to the city council an RE 30 (residential estate) zoning designation. The city council disagrees with the RE 30 classification and wants to use the R-1R (rural conservation dwelling district) classification for these homes so that they are consistent with other residentially zoned properties nearby. The city council directedstaff to bring this rezoning back to the commission for their information and comment. Commissioner Trippler asked what would happen if one of these homes burned to the ground and needed to be completely rebuilt. These homes would not meet the R-1R designation. Planner Ekstrand responded the owner would most likely need to apply for a variance to rebuild. Commissioner Boeser said this would create more process and be an unnecessary step and he supports keeping the RE 30 recommendation and he is not in favor of recommending the R-1R classification. Commissioner Nuss said she is in favor of the keeping the RE 30 recommendation and not making it a nonconforming use. Commissioner Yarwood said that though it is unlikely, this land may developed sometime in the next 30 years in a different way and to be consistent with other areas in south Maplewood, R-1R may not be an inappropriate zoning for this area. Commissioner Trippler moved disapproval of the rezoning of the single-family dwellings fronting on DorlandRoad, Heights Avenue and Overlook Circle from R1 (single dwelling) to R-1R (rural conservation dwelling district). Commissioner Pearson seconded Ayes – all The motion passed. PacketPageNumber80of213 Attachment 6 REZONING RESOLUTION WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from R1 (single dwelling) to R-1R (rural conservation dwelling district); WHEREAS , this zoning map change applies to the 25 single dwellings located along Dorland Road, Heights Avenue and Overlook Circle. The property identification numbers identifying the affected properties are: PIN 24-28-22-23-0028; PIN 24-28-22-23-0034; PIN 24-28-22-23-0035; PIN 24-28-22-23-0031; PIN 24-28-22-23-0016; PIN 24-28-22-23-0038; PIN 24-28-22-23-0030; PIN 24-28-22-23-0036; PIN 24-28-22-23-0037; PIN 24-28-22-23-0014; PIN 24-28-22-23-0015; PIN24-28-22-23-0032; PIN 24-28-22-23-0033; PIN 24-28-22-23-0029; PIN 24-28-22-23-0017; PIN 24-28-22-23-0023, PIN 24-28-22-23-0020, PIN 24-28-22-23-0022; PIN24-28-22-23-0021; PIN 24-28-22-23-0039; PIN 24-28-22-23-0040; PIN24-28-22-23-0025; PIN 24-28-22-23-0027; PIN 24-28-22-23-0024; PIN 24-28-22-23-0026; 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 Rural Low Density Residential. 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.OnApril 20, 2010, theplanning commission held a public hearingto 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 May 10, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. 3.OnJune 14, 2010, the city council further discussed the proposed zoning map change. NOW, THEREFORE, BE IT RESOLVED that the city council _________the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council _________this resolution on ______, 2010. 4 PacketPageNumber81of213 Agenda Item G4 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development/Park Director Bill Priefer, Public Works Operations Analyst/Recycling Coordinator SUBJECT: Spring 2010 Clean-up Event Summary DATE: June 2, 2010 INTRODUCTION The Spring Clean-up Event was held on April 24, 2010 at Aldrich Arena. The following summarizes the event. BACKGROUND Attendance for the Spring 2010 Clean-up Event was up 43% compared to the Spring 2009 Clean-up Event. Three hundred and eighty-two residents disposed of an assortment of trash, tires, appliances, TV’s and other e-waste. Two hundred and sixty-seven residents participated in the Spring 2009 Clean-up Event. The amount of e-waste collected was up 95% from 7,620 pounds in spring of 2009 to 14,868 pounds this spring. This was still considerably less e-waste than the 36,681 pounds that were collected during the spring 2008 clean-up event when there was no fee charged for the disposal of e-waste. The bicycle shop, Re-Cycle, collected 29 bicycles which is approximately 700 pounds of metal, rubber and plastic. About 15 of the bicycles will be returned to the road. Many of the others will see new life as parts for other bicycles. This will reduce Minnesota’s carbon footprint by more than 5,000 pounds of carbon dioxide by reducing the need to manufacture new products. According to our trash contractor, Veolia Environmental Services, 22.56 tons of trash, 15.41 tons of demo/construction debris and 7.07 tons of steel were collected. They also collected 136 appliances, and two hundred and ninety-two tires, with 68 dropped off on the day of the event, and 224 retrieved from city right-of-way by our street maintenance crew since last fall’s clean-up event. Seventy pounds of food and $44 cash were collected for the Second Harvest Heartland food shelf as part of the Clean-up Event. This compares to three hundred and twenty pounds of food and $20 collected during the Spring 2009 event. Six thousand, seven hundred and fifty pounds of reusable furniture and household goods (or approximately 75 pieces of furniture) were collected by BRIDGING for redistribution to families in need. Jim Elfering from BRIDGING said that Maplewood’s clean-up event was the most successful city sponsored event so far this year in terms of the quantity and quality of contributions. A special thank you goes to the Maplewood Police Reserves who once again provided excellent traffic control which minimized the long lines and reduced the idling and wait times. Thanks also goes out to Mayor Rossbach and Dale Trippler from the Environmental and Natural Resources Commission for their educational efforts and literature distribution. RECOMMENDATION No action is required on this item. PacketPageNumber82of213 Agenda #G-5 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Resolution Approving Donation of Computer From Target Corporation Date: June 4, 2010 Introduction Target Corporation has donated a gently used computer to the Police Department, and City Council approval is required before this donation can be accepted. Background As part of the Target & BLUE Donation Program for law enforcement, Target Corporation has donated a gently used iMac Power PC G5, valued at $1,000, to the Maplewood Police Department. Knowing that cities are faced with challenges in their budgets and to support law enforcement agencies in building stronger and safer communities, Target developed the Target & BLUE Minnesota pilot program to provide computers, scanners, and printers to law enforcement at no cost. The equipment may only be used for law enforcement purposes and is provided on an “as-is” basis. All repairs and proper disposal of the computer would be our responsibility. If the acceptance of this donation is approved by the City Council, our department will use this iMac for computer forensic investigations. Budget Impact There is no cost to acquire this computer, and we would only be responsible for paying for any repairs and/or disposal. Recommendation It is recommended that City Council approval be given to accept this donation from Target Corporation. Action Required Submit to the City Council for review and approval. DJT:js PacketPageNumber83of213 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Target Corporation wishes to grant the City of Maplewood the following: an iMac Power PC G5 computer, and; WHEREAS, Target Corporation has instructed that the City will be required to use the aforementioned for: police purposes only, 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 super 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 a super 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) PacketPageNumber84of213 Agenda Item G6 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director Steven Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Hills and Dales Area Street Improvements, Project 09-15, Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 DATE: June 4, 2010 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract for the Hills and Dales Area Street Improvements, City Project 09-15. The modifications to the contract include a materials and construction substitution that provides a savings to the overall construction contract. BACKGROUND On May 10, 2010, the council awarded T.A. Schifsky and Sons, Inc. a construction contract for utility and roadway improvements in the amount of $5,371,115.06 along with Bid Alternate #1 for Duluth Street alternate design, Bid Alternate #2 sanitary sewer main lining (outside of project area), and Bid Alternate #4 County Road B infiltration area. The utility improvements include the construction of an underground storm water detention system under Duluth Street to help regulate runoff flow rates discharging onto neighboring property. DISCUSSION City staff originally proposed constructing the underground system utilizing 6’ x 4’ box culvert with field- constructed risers to be installed under the east curb line of Duluth Street between Belmont Lane and Ryan Avenue. The contractor submitted a bid of $329,180.62 to construct this system as part of the Hills and Dales contract. After the contract was awarded, the contractor presented city staff with a value-engineering proposal to construct the underground storage system using a 73” x 45” arch pipe with plant-fabricated catch basin risers in lieu of the 6’x4’ box culvert. The contractor quoted a total cost of $299,257.60 for this alternate design resulting in an overall project savings of $29,923.02. Summarized as follows: Add 73” x 45” Arch Pipe System $299,257.60 Deduct 6’x4’ Box Culvert System + ($329,180.62) ($29,923.02) Net Project Savings PacketPageNumber85of213 Agenda Item G6 City staff also evaluated the engineering properties, constructability, and maintainability of the arch pipe system in comparison to the box culvert design. City staff visited Royal Concrete in Stacy, MN, the company that would manufacture the arch pipe system as well as the catch basin risers that are integral to the design. Compared to the box culvert system, staff discovered that a majority of the system, including the catch basin and pipe connections to the system, would be plant-fabricated and then delivered to the project site. Plant-fabricated parts mean more control over construction of the individual components and generally a higher-quality of construction. The rounded pipe interior provided by the arch pipe system allows jetting and cleaning of the system to be more straightforward since the jetting and vacuum devices utilized by maintenance staff generally works well when the sediment is concentrated in a ‘trough’ within the pipe. BUDGET Approval of Change Order No. 1 will decrease the project construction contract amount by $29,923.02 to $5,341,192.04. No adjustments to the approved budget are needed at this time. RECOMMENDATION Given the cost savings as well as city staff observations of constructability and maintainability, staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, for the Hills and Dales Area Street Improvements, City Project 09-15. Attachments: 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 2. Change Order Form 3. Location Map PacketPageNumber86of213 Agenda Item G6 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-15, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-15, Hills and Dales Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is no necessary and expedient that said contract be modified and designated as Improvement Project 09-15, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is a reduction of $29,923.02. The revised contract amount is $5,341,192.04 th Adopted by the Maplewood City Council on this 14 day of June 2010. PacketPageNumber87of213 Agenda Item G6 Attachment 2 PacketPageNumber88of213 Agenda Item G6 Attachment 2 PacketPageNumber89of213 Agenda Item G6 Attachment 3 PacketPageNumber90of213 Agenda Item G6 Attachment 3 PacketPageNumber91of213 Agenda Item G7 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director Steven Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Hills and Dales Area Street Improvements, Project 09-15, Approval of Cost Share Agreement with the Ramsey-Washington Metro Watershed District DATE: June 4, 2010 INTRODUCTION The council should consider approval of the attached cost share agreement with the Ramsey- Washington Metro Watershed District (RWMWD). The cost-share agreement covers funding for a portion of the storm water improvements to be constructed as part of the Hills and Dales Area Street Improvements, City Project 09-15. BACKGROUND On May 10, 2010, the council awarded T.A. Schifsky and Sons, Inc. a construction contract for utility and roadway improvements in the amount of $5,371,115.06 along with Bid Alternate #1 for Duluth Street alternate design, Bid Alternate #2 sanitary sewer main lining (outside of project area), and Bid Alternate #4 County Road B infiltration area. Bid Alternate No. 4, part of the overall awarded contract, includes a total estimated cost of $48,785.02 to construct an infiltration basin west of Day Road within an existing drainage and utility easement operated and maintained by the City. Through a letter dated May 4, 2010, the Ramsey-Washington Metro Watershed District agreed to fund this construction work. The attached agreement was approved by the RWMWD board on June 2, 2010. DISCUSSION Through a collaborative design effort between the RWMWD, the City of Maplewood, and Ramsey County Parks and Recreation an opportunity was created to divert storm water runoff generated by the northern portion of the Hills and Dales neighborhood into an infiltration basin built on County property within an existing City drainage and utility easement west of Day Road. The design diverts and directs storm water runoff into the basin for treatment prior to discharge into Keller Lake. The benefits to the three agencies involved include additional treatment for a possible future redevelopment of the Keller Golf Course, meeting the City of Maplewood’s non-degradation goals, and furthering the RWMWD’s goals of increasing water quality in the Phalen Chain of Lakes. PacketPageNumber92of213 Agenda Item G7 The cost-share agreement stipulates that the RWMWD will pay for 100% of the actual construction cost of the ponding area with a 4% administrative fee to cover the City’s efforts to inspect, administer and construct this portion of the Hills and Dales contract. The estimated cost, based on the contractor’s bid unit prices is as follows: Total Bid Alternate No. 4 Work $48,785.02 4% Administration + 1,951.40 $50,736.42 Total Estimated RWMWD Funding BUDGET No adjustment is needed at this time, as the estimated cost to construct the infiltration basin has been accounted for in the budget. According to the agreement, the RWMWD will defray 100% of the cost of construction as well as cover the staff hours required to inspect and administer this portion of the construction contract. RECOMMENDATION It is recommended that the city council approve the attached cost-share agreement with the Ramsey Washington Metro Watershed District for the construction and maintenance of the proposed infiltration basin west of Day Road, and direct the Mayor and City Manager to sign the agreement signifying council approval. Minor modifications as approved by the City Attorney are authorized as needed for the agreement. Attachments: RWMWD Cost Share Agreement (by Watershed Board) 1. 2. Location Map PacketPageNumber93of213 Agenda Item G7 Attachment 1 AGREEMENT FOR COST PARTICIPATION IN THE CONSTRUCTION OF KELLER EAST INFILTRATION BASIN THIS AGREEMENT made and entered in this _____ day of ______________, 2010 by and between the Ramsey Washington Metro Watershed District, (hereinafter “Watershed”), and the City of Maplewood, (hereinafter “City”) for the cost participation and maintenance of a ponding and infiltration basin (hereinafter “Basin”) constructed within an existing City drainage and utility easement (hereinafter “Easement”) 500 feet south of County road B and ¼ mile east of U.S. Highway 61; and WHEREAS, the Watershed and the City have agreed that there is a need for, and it is in the public’s best interest to construct a Basin on the east side of Keller Lake to capture and treat storm water runoff; and WHEREAS, the City possesses and maintains the Easement on the Ramsey County Parks maintained Keller Golf Course property, attached hereto as Exhibit A and incorporated herein; and WHEREAS, the City will construct a ponding and infiltration basin, solely maintained and operated by the City, that will connect to and discharge into the Watershed Basin within the Easement; and WHEREAS, the Watershed and the City wish to further provide for the initial and ongoing cost allocations associated with the Basin; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Watershed shall prepare the necessary plans, specifications and proposals, and shall perform the engineering and inspection required to complete the items of work. 2. The contract cost of the work shall constitute the Actual Construction Cost. PacketPageNumber94of213 Agenda Item G7 Attachment 1 3. The Watershed shall be solely responsible for the cost and maintenance of the ponding landscaping and annual jet and vacuum cleaning of the diversion manhole structure in County Road B and the 42-inch outfall pipe south of County Road B (shown on Exhibit B and incorporated herein) in perpetuity. 4. The City authorizes the construction of the Basin within the Easement owned and operated by the City, attached hereto as Exhibit A and incorporated herein. 5. The City grants the Watershed and/or its agents and contractors access to the Easement for the purposes of routine maintenance and operation of the Basin and 42-inch pipe sewer in perpetuity. 6. The Watershed agrees to restore the Easement to the same or better condition after any routine maintenance operations. 7. The Watershed shall reimburse the City 100% of the Actual Construction Cost of the Basin, plus an additional 4% of said cost to offset City administrative expenses. These reimbursements shall be tendered to the City within 60 days of receipt of invoice. 8. The Watershed agrees to defend, indemnify and hold the City harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest, attorneys’ fees, costs and expenses connected therewith, arising out of or resulting from the failure of the Watershed to satisfy the provision of this agreement or for damages caused to third parties as a result of the manner in which the Watershed performs or fails to perform duties imposed upon the Watershed by the terms of this agreement. Nothing herein shall constitute a waiver by any part of any limitations of liability provided by the Minnesota Statutes Chapter 466 or other applicable law. PacketPageNumber95of213 Agenda Item G7 Attachment 1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized representatives on this _______ day of ___________, 2010. CITY OF MAPLEWOOD RAMSEY WASHINGTON METRO WATERSHED DISTRICT _______________________________ _______________________________ Mayor – Will Rossbach Board President – Roger Lake _______________________________ _______________________________ City Manager – Jim Antonen Administrator – Clifton Aichinger Date___________________________ Date___________________________ _______________________________ _______________________________ Approved as to form by Legal Counsel Approved as to form by Legal Counsel Date___________________________ Date___________________________ PacketPageNumber96of213 Agenda Item G7 Attachment 1 PacketPageNumber97of213 Agenda Item G7 Attachment 1 PacketPageNumber98of213 Agenda Item G7 Attachment 1 PacketPageNumber99of213 Agenda Item G7 Attachment 1 PacketPageNumber100of213 Agenda Item G7 Attachment 1 PacketPageNumber101of213 Agenda Item G7 Attachment 2 PacketPageNumber102of213 Agenda Item G7 Attachment 2 PacketPageNumber103of213 Agenda Item G8 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, 1240 Belmont Lane – Sanitary Sewer Service Reimbursement Recommendation DATE: June 3, 2010 INTRODUCTION On May 10, 2010 the council received assessment objections at the Hills and Dales Area Street Improvements, City Project 09-15 assessment hearing. A request for reimbursement was received from 1240 Belmont Lane for a sewer repair completed in April of 2009 to the sanitary sewer service. At the May 24, 2010 meeting the council adopted the final assessment roll and asked staff to further investigate this request for reimbursement. BACKGROUND Staff has reviewed the televising reports, provided by the property owner, of the sanitary sewer service at 1240 Belmont Lane before the service was repaired. Based on this video, staff would have repaired a portion of this service as part of Project 09-15 if it had not already been repaired. Staff also verified via a post-repair video, provided by the property owner, that the sanitary sewer service has been repaired. According to invoices for the televising and lining of the sanitary sewer service, provided by the resident, the cost of the repair was $3,525.00. If the service was to have been repaired as part of the project the cost to the city would have been $189 for the televising and cleaning and $1056.90 for the repair. The total cost to the city would have been $1,245.90. A reimbursement to the property owner at 1240 Belmont Lane, for the repair of their sanitary sewer service, in the amount of $1,245.90 from the Hills and Dales Area Street Improvements, City Project 09-15 will be issued. This amount represents the costs that the city would have incurred to correct the original issues with the sanitary sewer service as part of the project. RECOMMENDATION No action is required by the council on this item at this time and staff will proceed with the reimbursement. Attachments: 1. Letter to Council from 1240 Belmont Lane 2. Location Map PacketPageNumber104of213 Agenda Item G8 Attachment 1 PacketPageNumber105of213 Agenda Item G8 1240 Belmont Attachment 2 DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (June 2, 2010), The Lawrence Group;June 2, 2010 for County parcel and property records data; June 2010 for commercial and residential PacketPageNumber106of213 Agenda Item G9 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director Steven Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Hills and Dales Area Street Improvements, Project 09-15, Approval of Memorandum of Understanding: Right of Entry Agreement with Ramsey County Parks and Recreation DATE: June 4, 2010 INTRODUCTION The city council will consider approving the attached memorandum of understanding with Ramsey County Parks and Recreation and authorize the City Engineer to sign the agreement. DISCUSSION On May 10, 2010, the council awarded the Hills and Dales Area Street Improvements construction contract to T.A. Schifsky and Sons. Construction is currently in progress. In order to proceed with construction of an infiltration basin on the Keller Golf Course property west of Day Road, an additional 15-foot wide temporary construction easement for access from County Road B is required. Ramsey County Parks and Recreation has agreed to grant the additional temporary access easement. The contractor will be responsible for restoration of the easement area. RECOMMENDATION Staff recommends that the council approve the agreement and authorize the City Engineer to ratify the attached Memorandum of Understanding. Attachments: 1. Memo of Understanding: Right of Entry between the City of Maplewood and the County of Ramsey for Keller Golf Course PacketPageNumber107of213 Agenda Item G9 Attachment 1 MEMORANDUM OF UNDERSTANDING RIGHT-OF-ENTRY BETWEEN THE CITY OF MAPLEWOOD AND THE COUNTY OF RAMSEY FOR KELLER GOLF COURSE This agreement is made by and between Ramsey County, Minnesota a political subdivision of the State of Minnesota, on behalf of the Parks and Recreation Department, 2015 North Van Dyke Street, Maplewood, MN 55109 (“County”) and the City of Maplewood, Minnesota, a municipal corporation of the State of Minnesota, 1830 County Road B East, Maplewood, Minnesota 55109 (“City”). WHEREAS, the County owns and operates the Keller Golf Course, 2166 Maplewood Drive, Maplewood, MN 55109; and, WHEREAS, the City maintains and operates an existing drainage and storm water easement encumbered to the Keller Lake Golf Course property as described in Exhibit A; and, WHEREAS, the City is commencing a project, called the Hills and Dales Area Street Improvements, City Project 09-15, to conduct street and storm drainage system improvements adjacent to the Keller Golf Course; and, WHEREAS, the City will construct an infiltration basin and perform associated work for permanent vegetation establishment within the easement as part of said improvement project within said drainage and storm water easement as described in Exhibit A; and, WHEREAS, the City requires temporary access across County property to perform this work and said temporary access is indicated on Exhibit B. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1) The City shall confirm the work schedule with the County a minimum of five (5) business days prior to the start of any construction activity proposed to take place on Keller Golf Course and City-maintained easement thereof. The County shall approve of such schedule prior to the start of any work. 2) The County grants a temporary construction easement for a width of 15 feet east of the east line of the existing City drainage and utility easement route connecting to County Road B as shown in attached Exhibit B to facilitate construction of infiltration basins per the City’s contract entitled “Hills and Dales Area Street Improvements” plan sheets ninety-one (91) dated April 12, 2010 and ninety-one ‘A’ (91A) dated April 16, 2010. 3) The City shall provide adequate temporary sediment and erosion control measures during the construction of said improvements as described in Provision 2 of this agreement such that excessive sedimentation due to construction work does not adversely impact the Keller Golf Course property. PacketPageNumber108of213 Agenda Item G9 Attachment 1 4) The City shall minimize disturbances to Keller Golf Course business operations due to all proposed construction activities that may impact Golf Course operations. 5) The City shall restore all disturbed areas resulting from work as stated in Provisions 2 and 3 of this agreement to like or better condition to the satisfaction of the County. 6) The City shall supply the County with a copy of the certificate of insurance for the City’s designated contractor prior to performing any work on County property. RAMSEY COUNTY CITY OF MAPLEWOOD By______________________________ By______________________________ Its______________________________ Its______________________________ Date____________________________ Date____________________________ PacketPageNumber109of213 Agenda Item G9 Attachment 1 PacketPageNumber110of213 Agenda Item G9 Attachment 1 PacketPageNumber111of213 Agenda Item G9 Attachment 1 PacketPageNumber112of213 Agenda Item G9 Attachment 1 PacketPageNumber113of213 Agenda Item G10 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: White Bear Avenue / County Rd D Improvements, Project 08-13, Resolution Accepting Roll and Ordering Assessment Hearing DATE: May 27, 2010 INTRODUCTION th The council will consider accepting the assessment roll and ordering the assessment hearing for July 26, 2010 at 7:00 p.m. BACKGROUND On December 15, 2008 the council ordered the improvements for the White Bear Avenue improvement project which includes reconstruction of White Bear Avenue from Radatz Avenue to just north of County Road D. Also included is County Road D just west of Southlawn Avenue extending east past White Bear Avenue. The County Road D portion of the project was bid by Ramsey County and was awarded to Shafer Contracting on October 26, 2009. The White Bear Avenue portion was also bid and awarded by the County to Eureka Construction with City concurrence on May 24, 2010. Maplewood is financing a portion of its share through special assessments as described in the feasibility study that was adopted by the council on November 24, 2008. A copy of the report can be found in the office of the City Engineer. A series of open house meetings have been conducted over past years regarding the proposed improvements and associated assessments. The council adopted a resolution on March 22, 2010 ordering preparation of the assessment roll. The roll has been reviewed and updated (attached) to reflect the most recent information available. PROJECT BUDGET The proposed amount identified in the feasibility study as Maplewood’s total contribution is $3,374,000 with special assessments listed as $1,738,475. RECOMMENDATION It is recommended that the council approve the attached resolution for the White Bear Avenue / County Rd D Improvements, Project 08-13: Resolution Accepting Roll and Ordering the Assessment Hearing. Attachments 1. Resolution 2. Pending Assessment Roll 3. Location Map PacketPageNumber114of213 Agenda Item G10 Attachment 1 RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the city engineer has, at the direction of the council, prepared an assessment roll for the White Bear Avenue / County Road D Improvements, City Project 08-13, and the said assessment roll is accepted by council and is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: th 1. A hearing shall be held on the 26 day of July 2010, at 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. PacketPageNumber115of213 WHITE BEAR AVENUE/COUNTY RD D PENDING ASSESSMENT ROLLCITY PROJECT 08-13 Agenda Item G10 IMPROVEMENTS Atachment 2 COMMERCIAL STREETSTREETTOTAL PARCEL IDTAXPAYERSTREETFRONT NUMBERASSESSMENTASSESSMENT FOOTAGE 022922220011OGREN PROPERTIES LLC0COUNTY ROAD D E482.84 $50,403.42$50,403.42 OGREN PROPERTIES LLC3090SOUTHLAWN DR- 022922220012-- MAPLEWOOD 2007 LLC0COUNTY ROAD D E82.00 353022330025$8,643.24$8,643.24 1755COUNTY ROAD D E100.00 343022440013LARSON ENTERPRISES$16,579.44$16,579.44 1777COUNTY ROAD D E293.65 032922110007FURN USA LLC$34,922.70$34,922.70 1 1845COUNTY ROAD D E1066.75 353022330024$113,605.74$158,400.00 MAPLEWOOD 2007 LLC 022922220003TRU 2005 RE I LLC1852COUNTY ROAD D E380.20 $45,195.12$45,195.12 1900COUNTY ROAD D E271.30 022922220013MAPLEWOOD 2000 C2 LLC$30,558.96$30,558.96 3530223300081905 COUNTY ROAD D WFW LLC1905COUNTY ROAD D E100.00 $10,502.82$10,502.82 T T PROPERTIES1915COUNTY ROAD D E100.00 353022330027$10,437.48$10,437.48 KC PROPCO LLC1925COUNTY ROAD D E130.00 353022330026$13,464.18$13,464.18 353022330005TOM DON RE HOLDINGS INC1935COUNTY ROAD D E120.00 $12,346.38$12,346.38 CC ACQUISITIONS LP 0229222200011940COUNTY ROAD D E282.50 $33,048.00$33,048.00 353022340010PETER HOUSER1945COUNTY ROAD D E100.00 $10,219.68$10,219.68 353022340015 COMMERCIAL NET LEASE REALTY1955COUNTY ROAD D E140.00 $14,189.94$14,189.94 353022340014BFI REAL ESTATE HOLDINGS LLC1965COUNTY ROAD D E145.00 $14,574.60$14,574.60 2 1975COUNTY ROAD D E419.00 353022340007 $40,018.68$34,700.00 FOUR CROWN INC 353022340008ZEPHYR GROUP LLP1987COUNTY ROAD D E192.90 $20,018.16$20,018.16 3 0WHITE BEAR AVE N280.60 022922240018 $27,932.94$26,800.00 RECO REAL ESTATE LLC 022922240017VIA ESTRADA OF MAPLEWOOD LLC2920WHITE BEAR AVE N506.14 $48,819.60$48,819.60 4 2855WHITE BEAR AVE N100.00 022922310011 $9,914.76$11,894.76 EDWARD F FLAHERTY 5 22922310093 2865WHITE BEAR AVE N140.80 $14,523.30$15,924.15 BEAM N BEAR 022922310001PREMIER BANK2866WHITE BEAR AVE N914.00 $90,993.78$90,993.78 22922240022 GENERAL MILLS RESTAURANT INC2925WHITE BEAR AVE N271.71 $28,657.44$28,657.44 22922240021 NORWEST PROPERTIES INC2945WHITE BEAR AVE N267.26 $27,734.22$27,734.22 022922240003704 PARTNERS LLP2950WHITE BEAR AVE N446.73 $46,761.48$46,761.48 022922240006MAPLEWOOD MALL ASSOC LP2965WHITE BEAR AVE N231.29 $23,211.90$23,211.90 022922240013R L AND D ASSOC2966WHITE BEAR AVE150.09 $16,731.54$16,731.54 022922240014FORTE LLC2980WHITE BEAR AVE N264.07 $31,519.98$31,519.98 22922240019 JOSEPH E COMMERS LTD PTNSHP2982WHITE BEAR AVE N111.73 $14,585.94$14,585.94 22922240020 CORPORATE REAL ESTATE MANAGER2989WHITE BEAR AVE N259.22 $25,965.18$25,965.18 022922210009WELSH COMPANIES3000WHITE BEAR AVE N562.68 $65,016.00$65,016.00 022922210010WELSH COMPANIES3000WHITE BEAR AVE N- -- 6 22922230010 3001WHITE BEAR AVE N2,452.90 $220,761.37$220,761.37 MAPLEWOOD MALL ASSOC LP 6 3001WHITE BEAR AVE N1,004.11 022922230003 $90,370.15$90,370.15 SEARS ROEBUCK AND CO 6 3001WHITE BEAR AVE N336.38 022922220008 $30,274.00$30,274.00 MAINSTREET RETAIL STORES INC 6 3001WHITE BEAR AVE N764.56 022922220007 $68,810.41$68,810.41 MAY DEPT STORES CO 6 3001WHITE BEAR AVE N377.26 022922230007 $33,953.36$33,953.36 JCPENNEY PROPERTIES INC 22922210029 MAPLEWOOD SQUARE ASSOCIATES3035WHITE BEAR AVE N579.72 $59,754.24$59,754.24 022922210008DENNYS INC3050WHITE BEAR AVE N236.10 $23,339.88$23,339.88 022922210015MOGREN DEVELOPMENT CO3065WHITE BEAR AVE N239.84 $23,937.84$23,937.84 6 3069WHITE BEAR AVE N135.56 022922210014 $12,199.97$12,199.97 WOODRING CO 022922210019CHUNG HING WONG3070WHITE BEAR AVE N155.85 $15,311.52$15,311.52 JEAN & PAPPANI TRUSTEE 0229222100243081WHITE BEAR AVE N227.58 $22,464.18$22,464.18 6 3085WHITE BEAR AVE N89.65 022922210022 $8,068.76$8,068.76 DIAMOND & CO INVESTMENTS LLC 022922210023FAE HOLDINGS 369893R LLC3087WHITE BEAR AVE N120.65 $13,668.12$13,668.12 022922210006GOLDBERG ACKERMAN LLC3088WHITE BEAR AVE N153.19 $15,965.10$15,965.10 022922210005HLW LLC3094WHITE BEAR AVE N87.50 $9,247.14$9,247.14 BARBARA DITMORE 0229222100213095WHITE BEAR AVE N271.45 $27,370.80$27,370.80 022922210004DIVISION 25 LLC3100WHITE BEAR AVE N220.62 $21,641.76$21,641.76 22922210028 $36,858.96$36,858.96 NORTH COUNTRY PROPERTIES INC3109WHITE BEAR AVE N387.28 TOTALS16,752.66$1,685,094.17$1,726,817.66 TOTAL =$1,726,817.66 2009 COMMERCIAL ASSESSMENT RATES: STORM SEWER = $19.80PER FF PARTIAL STREET RECONSTRUCTION =$90.00PER FF STORMWATER TREATMENT FOR RECONSTRUCTION =$0.05PER SF (INCLUDED IN STREET ASSESSMENT) 1 INCLUDES $48,763 FOR 1/4 SIGNAL COST PER DEVELOPER AGREEMENT. ASSESSMENT REDUCED BY $3,968.74. 2 ASSESSMENT REDUCED BY $5,318.68. 3 ASSESSMENT REDUCED BY $1,132.94. 4 ASSESSMENT INCLUDES $1,980 STORM SEWER ASSESSMENT BASED ON RATE AND FRONTAGE. 5 ASSESSMENT INCLUDES $1,400.85 STORM SEWER ASSESSMENT BASED ON RATE AND FRONTAGE. 6 INTERNAL MALL LOTS THAT REFLECT ADJUSTED FRONTAGE. PacketPageNumber116of213 Agenda Item G10 Attachment 3 PacketPageNumber117of213 THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber118of213 Agenda Item H1 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director David Fisher, Building Official SUBJECT:Heritage Preservation Ordinance Amendments – Consider Approval of the First Reading DATE: June 7, 2010 for the June 14, 2010 City Council Meeting INTRODUCTION The Heritage Preservation Ordinance Amendments are being considered tonight for approval. This is the first reading. The purpose of these amendments is to help achieve Certified Local Government Status. This amendment changes the name of the Historical Preservation Commission to Heritage Preservation Commission to be consistent with other communities throughout the State of Minnesota. BACKGROUND The current HPC ordinance was adopted by the city council on December 22, 2003. The Historical Preservation Commission (HPC) was established as an independent advisory commission to the city council. The ordinance states that the city will engage in a comprehensive program of historic preservation and promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this area. The purpose of the commission is to provide the opportunity for the citizens to preserve and promote its historic resources through the dissemination of knowledge about the area’s history. Over the past year the HPC has been reviewing the Historical Preservation Commission ordinance so the city can achieve Certified Local Government Status (CLGS). The purpose of achieving CLGS is to strengthen existing local preservation programs and promote the development of new programs. Cities that have CLGS are eligible to apply annually for grants administered through the State Historical Preservation Society from a designated federal pass-through allocation. DISCUSSION At the March 22, 2010, City Council Workshop staff and members of the Historical Preservation Commission had an open discussion about the amendments to the Historical Preservation Ordinance. Questions were answered about the ordinance and the city council directed staff to bring the HPC amendments to the city council. RECOMMENDATIONS 1. Approve the name change from Historical Preservation Commission to Heritage Preservation Commission. 2. Approve the first reading of the Heritage Preservation Ordinance amendments. P:\com-dev\HPC\6 14 2010 CC Meeting\HPC ord memo 6-14-10 City Council meeting Attachments: 1. Memo from March 22, 2010, City Council Workshop 2. Draft 6 08 2010 ord rev hpc 3. HPC 845 Ordinance 4. clpprocedures pdf 5. Minnesota Historical Society - National Register Criteria 1 PacketPageNumber119of213 Attachment 1 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director David Fisher, Building Official SUBJECT:Discussion on ProposedAmendment(s) to Historical Preservation Commission Ordinance DATE: March 11, 2010 for the March 22, 2010 City Council Workshop INTRODUCTION Over the past year the Historical Preservation Commission (HPC) has been reviewing the Historical Preservation Commission ordinance so the city can achieve Certified Local Government Status (CLGS). This program seeks to encourage and expand local involvement in preservation issues through a partnership between the city and the State Historical Preservation Society. The purpose is to strengthen existing local preservation programs and promote the development of new programs. Cities that have CLGS are eligible to apply annually for grants administered through the State Historical Preservation Society from a designated federal pass- through allocation. The CLGS requires five broad federal standards, all of which must be met by the city seeking certification and are amplified by specific Minnesota CLGS requirements as follows: - The city must adopt a heritage preservation ordinance. The ordinance must meet the state and federal requirements for designation, identification and registration of protected historical properties. In addition the ordinance requires a clear defined process for the designation and protection of properties identified. - The city must establish an historical preservation commission. Maplewood has an HPC. - The city must maintain a survey for the survey and inventory of historical properties. There are two properties that meet the criteria, the Ramsey County Poor Farm and the Bruentrup Heritage Farm. - The city shall provide for adequate public participation in local historic preservation programs, including the process of recommending properties for nomination to the National Register. - The city is required to provide an annual report to the Minnesota Society Preservation Office each year that will include the following: Number, names and dates of local designations made during the year. o Number of building permits reviewed by the HPC during the year. o Provide a list of Historical Preservation Commissioners and their contact o information. Listing of National Register nominations on which the HPC has commented and o submitted during the year. Provide a summary of available inventory. o Provide a record that assures the HPC has had public participation. o Provide a description of activities, publications or events undertaken by the HPC o during the previous year and planned by the HPC for the coming year. The HPC must demonstrate an ongoing process of local designation with a o minimum of one designation per year or provide an explanation. Keep an inventory that is clear and organized and accessible to the public. o 1 PacketPageNumber120of213 At least one member of the HPC must attend the State Historical Preservation o Office training each year. BACKGROUND The current HPC ordinance was adopted by the city council on December 22, 2003. The HPC was established as an independent advisory commission to the city council. The ordinance states that the city will engage in a comprehensive program of historic preservation and promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this area. The purpose of the commission is to provide the opportunity for the citizens to preserve and promote its historic resources through the dissemination of knowledge about the area’s history. DISCUSSION In 2009 and 2010 the number one goal of the HPC has been to obtain CLGS. The HPC’s strategy was to first amend the existing ordinance to ensure the commission would have oversight of historical sites in the city. This will give the HPC the process to make recommendations to the city council on historical sites and Maplewood’s heritage. On July 16, 2009, the HPC reviewed the city’s current HPC ordinance and three other communities historical ordinances, the City of Northfield, the City of Cottage Grove and the City of Elk River. The HPC requested staff to provide amendments to our ordinance and have the Minnesota Historical Preservation Society review the amendments to ensure they meet the CLGS requirements. The comments from Mike Koop of the Minnesota Historical Preservation Society were to change the HPC name, from the Historical Preservation Commission to the Heritage Preservation Commission, in order to be consistent with other cities and to be more encompassing. The HPC recommended the name change as part of the amended ordinance. In addition, Mr. Koop recommended adding definitions to the terms – new, move a building, excavation, demolition and remodel in the amended ordinance. The ordinance was also changed to require all new commissioners to be interviewed and appointed by the city council to be consistent with the new commission handbook. On October 15, 2009 the HPC moved to bring the draft amended HPC ordinance to the city council and send a survey to 23 of the most significant historic properties. The results of the survey were discussed at the November 19, 2009 HPC meeting. Staff reported the following results: - Two in writing do not support the HPC amended ordinance. - Three came back unopened return to sender. - One phone call with concern about how this will affect their property. - One e-mail with concern about building permits and how the amended HPC ordinance may limit property owners in remodeling or new construction. The HPC requested staff to follow up with Mr. Koop. Ask him if the amended HPC ordinance was reduced or less restrictive and verify how this would affect obtaining CLGS. Staff reported back to the HPC that Mr. Koop commented that many cities do not have the CLGS and still have an HPC ordinance. The HPC recommended keeping the amended HPC ordinance as written. The amended HPC ordinance will only affect two properties at this time in the City of 2 PacketPageNumber121of213 Maplewood, the Bruentrup Heritage Farm and the Ramsey County Poor Farm Barn. The HPC recommended bringing the draft HPC amended ordinance to the city council. RECOMMENDATIONS 1. Review the proposed amended draft to the Historical Preservation ordinance by the HPC. 2. Provide direction to staff on the next steps for review of the amended draft HPC ordinance. P:HPC HPC 3-22-10 City Council Workshop dgf Attachments: 1. HPC 845 Ordinance 2. Draft amended HPC Ordinance 3. HPC clgprocedures PDF 3 PacketPageNumber122of213 Attachment 2 DRAFT AMENDMENT ORDINANCE NO. _______ AN ORDINANCE AMENDING THE MAPLEWOOD CITY CODE, §2. REGARDING THE HISTORICAL PRESERVATION COMMISSION The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1 This amendment revises Sections 2-87 to 2-91 (additions are underlined and deletions are stricken): DIVISION 4 HISTORICAL HERITAGE PRESERVATION COMMISSION (“Commission”) Section 2-87 Authority for Establishment There is hereby established for the City a Historical Heritage Preservation Commission as an independent board commission to the City Council, as provided in Minnesota Statutes Annotated Sections 471.193 and 138.51. Section 2-88 Statement of public policy and purpose It is hereby declared by the City Council that it is the public policy of the City to engage in a comprehensive program of historic preservation and to promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this Area. The purpose of this division creating the Commission is to secure for all citizens of Maplewood the opportunity to preserve and promote its historic resources through the dissemination of knowledge about the area’s history. The City Council hereby declares as a matter of public policy that the protection, preservation, perpetuation and use of places, areas, buildings, structures and other objects having a special historical, community or aesthetic interest or value is a public necessity and is required in the interest of the people. The purpose of this Chapter is to: (a) Safeguard the cultural resources of the City by preserving sites, structures, districts and landmarks which reflect elements of the City's cultural, social, economic, political or architectural history; (b) Protect and enhance the City's attractions to residents and visitors; (c) Foster civic pride in the beauty and notable achievements of the past; (d) Enhance the visual and aesthetic character, diversity and interest of the City; and PacketPageNumber123of213 1 (e) Promote the use and preservation of historic sites and landmarks for the education and general welfare of the people of the City. Section 2-89 Advisory body All actions of the Commission shall be in the nature of recommendations to the City Council, and said Commission shall have no final authority with reference to any matters, except as the Council may lawfully delegate authority to it. Section 2-90 Composition; Appointment; Qualifications; Terms (a) The HistoricalHeritageCommission shall be composed of seven (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. (b) 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 heritage preservation-related professionals (including e.g. 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. A member of the Maplewood Heritage Preservation Commission is required to be a representative to the Ramsey County Historical Society. The City shall pay for the membership of the Commission or designee. (c) 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. (d) The City of Maplewood will advertise for nominations to fill vacancies on the Commission. The City Councilwill interview nomineeson 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 professionalqualifications (as noted above) if such vacancies exist on the Commission. PacketPageNumber124of213 2 (e) 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. (c) The members of the heritage preservation commission shall serve staggered terms. All appointments shall be assigned by the city council for a term of three years. Section 2-91 Officers Generally The chairperson and vice-chairperson of the Commission shall be elected by the Commission at the first meeting in January of each year from among the members of the Commission. The Chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the Commission. If the Chairperson is unable to attend a meeting, the vice-chairperson shall conduct the meeting. Section 2-92 Designation of historic sites and landmarks (a) Procedures: The City Council, upon the request of the Commission, may by resolution designate an historic site, landmark, or district. Prior to such designation, the city council shall hold a public hearing, notice of which shall be published at least ten (10) days prior to the date of the hearing. Notice of the hearing shall also be mailed to all owners of property which is proposed to be designated as an historic site, landmark or district and to all property owners within five hundred (500) feet of the boundary of the area to be designated. Every nomination shall be forwarded to the Minnesota Historical Society for review and comment within sixty (60) days of the Commission’s request. (b) Eligibility criteria: In considering the designation of any area, site, place, district, building or structure in the city as an historic site, landmark, or district the Commission shall consider the following factors with respect to eligibility: (1) Its character, interest or value as part of the history or cultural heritage of the City, the State or the United States; (2) Its association with persons or events that have made a significant contribution to the cultural heritage of the City; (3) Its potential to yield information important in history or prehistory; (4) Its embodiment of distinguishing characteristics of architectural type or style, or elements of design, detail materials or craftsmanship; and PacketPageNumber125of213 3 (5) Its unique location or singular physical appearance representing an established or familiar visual feature of a neighborhood or community of the City. Section 2-93 Alterations to landmarks, sites or districts; review (a) Review and recommendations generally: The Commission shall review and make recommendations to the Council concerning proposed alterations to an historic site, landmark or district. (b) Land use permit: Every application for a land use permit which may result in the alteration of a designated historic site, landmark or district in the City shall be reviewed by the Commission; thereafter, the Commission shall make a recommendation and may recommend conditions regarding approval to the City Council concerning the proposed permit. (c) Other building permits: The Commission shall review and make recommendations to the Council concerning the issuance of building permits to do any of the following in a historic district or State designated historic site: (1) New construction – New building or new addition to an existing building (2) Remodel – Alter, change or modify building or site (3) Move a building – Building or structure moved into the city. (4) Excavation – Dig out materials from the ground. (5) Demolition – Destroy, remove or raze – completely tear down (d) Factors considered: The Commission, upon receipt of the permit application and plans, shall determine if the work to be performed adversely affects the designated historic site, landmark or district. In determining whether or not there is an adverse effect to the historic site, landmark, or district the Commission shall consider the following factors: (1) Whether the work will significantly alter the appearance of the building or structure so as to remove the features which distinguish the historic site, landmark or district as a significant cultural resource. (2) Whether the use of the property will destroy, disturb or endanger a known or suspected archaeological feature site. (e) Standards and guidelines: The Comprehensive Plan adopted by the City shall be the authoritative guide to reviewing permits in relation to designated historic sites, landmarks and historic districts. (f) Appeals: Any party aggrieved by a decision of the Commission shall within ten (10) days of the Commission’s action recommending denying the issuance of a PacketPageNumber126of213 4 building permit within a historic district have a right to appeal such decision to the City Council. The Commission in recommending denial of a building permit shall advise the applicant of his/her right to appeal to the City Council. The aggrieved party shall file with the Building Official a written notice requesting Council review of the action taken by the Commission. Section 2-94 Maintenance of records and documents The Commission shall conduct a continuing survey of cultural resources in the City which the Commission has reason to believe are or will be eligible for designation as historic sites, landmarks or districts. The Commission shall also prepare and maintain a Comprehensive map and survey. (a) Register of Historic Sites and Landmarks: The City shall maintain a register of historic sites and landmarks. (b) Repository for Documents: The office of the Building Official is designated as the repository for all studies, surveys, reports, programs, and designations of historic sites and landmarks. Section 2-95 Violation It shall be a misdemeanor to alter, disturb, deface or materially change the appearance or use of a designated historic site, landmark, or district without a permit. This ordinance shall take effect after the city publishes it in the official newspaper. This Historical Preservation Commission recommended approval of this ordinance on _____________________. The City Council approved this ordinance on ______________________________. _______________________________ Mayor Attest: ________________________________ City Clerk P: HPC 6 - 08 - 2010 Ord rev hpc PacketPageNumber127of213 5 Attachment 3 ORDINANCE 845 ORDINANCE FOR MAPLEWOOD HISTORICAL PRESERVATION COMMISSION THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREIN ORDAIN: Article IV. Secs. 2-87 to 2-99 is hereby added to read as follows: DIVISION 4. HISTORICAL PRESERVATION COMMISSION (“Commission”) Section 2-87. Authority for Establishment There is hereby established for the City a Historical Preservation Commission as an independent board to the City Council, as provided in Minnesota Statutes Annotated Sections 471.193 and 138.51. Section 2-88. Statement of public policy and purpose. It is hereby declared by the City Council that it is the public policy of the City to engage in a comprehensive program of historic preservation and to promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this Area. The purpose of this division creating the Commission is to secure for all citizens of Maplewood the opportunity to preserve and promote its historic resources through the dissemination of knowledge about the area’s history. Section 2-89. Advisory body. All actions of the Commission shall be in the nature of recommendations to the City Council, and said Commission shall have no final authority with reference to any matters, except as the Council may lawfully delegate authority to it. 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; PacketPageNumber128of213 (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. Section. 2-91. Officers Generally. The chairperson and vice-chairperson of the Commission shall be elected by the Commission at the first meeting in January of each year from among the members of the Commission. The Chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the Commission. If the Chairperson is unable to attend a meeting, the vice-chairperson shall conduct the meeting. Passed by the Maplewood City Council December 22, 2003. PacketPageNumber129of213 Attachment 4 MINNESOTA CERTIFIED LOCAL GOVERNMENT PROCEDURES MANUAL STATE HISTORIC PRESERVATION OFFICE 345 KBW ELLOGGOULEVARDEST SP, M55102-1906 AINTAULINNESOTA 651/296-5451 www.mnhs.org SEPTEMBER 2002 PacketPageNumber130of213 TABLE OF CONTENTS Introduction2 I.Purpose of the CLG Program 2 II.Eligibility3 III.Requirements for Certification of Local Governments 3 IV.Process for Certification of CLGs 9 V.Process for Monitoring and Decertifying CLGs 10 VI.Process for Allocating CLG Grant Pass-Through Funds to CLGs 10 Appendix A – Federal Professional Qualifications Standards 12 Appendix B – Minnesota Statutes 471.193 14 Appendix C – Secretary of the Interior’s Standards for Treatment of 16 Historic Properties Appendix D – Model Local Government Certification Agreement17 Upon request, this publication can be made available in alternative formats – audiotape, large print, or computer disk. This program receives Federal funds from the National Park Service. Under Title IV of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior strictly prohibits discrimination on the basis of race, color, national origin, or disability in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility operated by a recipient of federal assistance, or if you desire further information, please write to: Director, Equal Opportunity Program, U.S. Dept. of the Interior, National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127. Minnesota CLG Procedures Manual, page 1 Issued September 2002 State Historic Preservation Office PacketPageNumber131of213 INTRODUCTION Since its initial enactment in 1966 and through several amendments, the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.), has provided the statutory framework for the national historic preservation partnership. Federal, State, Tribal and local governments have well-defined and significant roles in the identification, evaluation, designation and protection of historic and prehistoric properties. The State Historic Preservation Office (SHPO) develops and administers a comprehensive preservation program which in Minnesota, is housed at the Minnesota Historical Society. The success of the federal-state relationship prompted Congress to expand the partnership to include local governments in 1980. Local units of government were given the opportunity to participate in the national preservation program by becoming a Certified Local Government (CLG). The role of CLGs in the partnership includes the responsibilities of administering local preservation ordinances, maintaining systems for survey of historic resources, and participating in the National Register of Historic Places program. In order to become certified, a local government must meet several requirements, chief of which are to have enacted an historic preservation ordinance and appointed a qualified Heritage Preservation Commission (HPC). The federal act directs the State Historic Preservation Officer (SHPO) and the Secretary of the Interior to certify local governments to participate in the partnership. The Certified Local Government program is the primary way through which qualified and interested local governments participate in the national historic preservation partnership. This handbook describes how the CLG program operates in Minnesota. I. PURPOSE OF THE CLG PROGRAM The CLG program seeks to encourage and expand local involvement in preservation issues through a partnership between the CLG and the SHPO. To strengthen existing local preservation programs and to promote the development of new ones, CLGs are eligible to apply annually for grants administered by the SHPO from a designated federal CLG pass-through allocation (see Section VI. Process for Allocating CLG Grant Pass-Through Funds to CLGs). CLGs assume a leadership role by identifying, evaluating and protecting historic resources within their communities; receiving technical advisory services from the SHPO; and having a formal role in the National Register process. CLGs can choose to assume other responsibilities such as participating in the review of federal projects, reviewing state tax credit projects and administering covenants. The primary goal of participating in the CLG program is to strengthen the historic preservation program at the local level. The CLG program ensures that historic preservation issues are understood and addressed at the local level and are integrated into the local planning and decision-making process at the earliest possible opportunity. Historic preservation should be considered equally with other planning issues in a CLG and not be viewed as superfluous to decision-making. CLG status can bring pride and official recognition to a community that is committed to historic preservation. Minnesota CLG Procedures Manual, page 2 Issued September 2002 State Historic Preservation Office PacketPageNumber132of213 II. ELIGIBILITY Any general purpose subdivision of the state, such as a city, town or county, which meets the criteria set forth in this document is eligible to apply for certification. III. REQUIREMENTS FOR CERTIFICATION OF LOCAL GOVERNMENTS Five broad federal standards, all of which must be met by a local government seeking certification, are amplified by the specific Minnesota CLG requirements. A.The local government must enforce appropriate state or local legislation for the designation and protection of historic properties. 1. The local government must adopt a municipal heritage preservation ordinance under the provisions of Minnesota Statutes 471.193 (Appendix B). The purpose of the ordinance must be clearly stated and be in conformance with definitions set forth in Section 101 (c) (4) of the National Historic Preservation Act, as amended, and 36 CFR 61.6. For the purpose of the CLG program, the Act defines: “Designation” as “the identification and registration of properties for protection that meet criteria established by the State or the locality for significant historic and pre- historic resources within the jurisdiction of a local government.” Designation includes the identification and registration of resources according to State or local criteria which must be consistent with the Secretary of the Interior’s Standards for Identification and Registration. “Protection” as “a local review process under State or local law for proposed demolition of, changes to, or other action that may affect historic properties designated pursuant to” a local government becoming a Certified Local Government. The CLG’s local protection review process of the Act applies only to properties designated pursuant to State or local laws and procedures. This would not include properties listed on or determined eligible for the National Register of Historic Places unless such properties also were designated under the appropriate local process. 2. The ordinance must contain a clearly defined process for the survey, designation and protection of individual properties and/or districts of historic, architectural or archaeological significance.Both the criteria for determining significant properties and the procedure for designating those properties must be defined, either within the ordinance or in other procedures adopted by the local government. The process shall include forwarding all proposed designations to the Minnesota SHPO for comment before final local designation is made, pursuant to Minnesota Statutes 471.193 Subd. 6. Properties shall not be removed from designated status except in cases where there has been a procedural or professional error in the designation process or where the property has been destroyed or radically altered. The process for local designation must provide for public comment. Minnesota CLG Procedures Manual, page 3 Issued September 2002 State Historic Preservation Office PacketPageNumber133of213 3. The ordinance must contain a clearly defined process for the review of all proposed alterations, relocations, demolition, or new construction within the boundaries of locally designated properties and/or districts. Both the criteria to be utilized in the evaluation of proposed actions and the procedure for reviewing those actions must be clearly stated, either within the ordinance or in other procedures adopted by the local government. The Secretary of the Interior's Standards for Treatment of Historic Properties should be utilized in developing the review criteria (Appendix C). The process of permit review must provide for public comment. 4. The HPC must adhere to Minnesota Statutes 138.17 and the procedures of the State Archives Department, Minnesota Historical Society regarding commission records (www.mnhs.org/preserve/records/infoleaf9.pdf). 5. Local governments should consult 36 CFR 67.8 to insure that local ordinances meet the certification criteria pursuant to the Economic Recovery Tax Act of 1981 and the Tax Reform Act of 1976. Note that certification of a local government under the CLG procedures does not constitute certification of a commission under the preservation tax incentives process. B.The local government must establish an adequate and qualified historic preservation commission by State or local legislation. 1. The local government shall create a heritage preservation commission (HPC) to carry out the provisions of the ordinance. 2. All commission members must have a demonstrated interest, competence or knowledge in historic preservation. If available in the community, at least two members of the HPC shall be drawn from professionals in architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines. Other related professions might include the building trades, real estate or law. For the purposes of commission membership as described in this section, the professional standards stipulated in Appendix A need not be met. One member of the HPC must be a designated representative of the county historical society in which the commission is located, if available, pursuant to the Minnesota Statutes, 471.193 Subd. 5. Specific disciplines and professional qualifications must be represented on the commission (or professional expertise must be sought) when considering National Register nominations (see III.B.4.) and other actions that will impact properties which are normally evaluated by a professional in such a discipline. Minnesota CLG Procedures Manual, page 4 State Historic Preservation OfficeIssued September 2002 PacketPageNumber134of213 Regarding conflicts of interest, it is federal policy that no person shall participate in the selection, award, or administration of any HPF-assisted program activity, subgrant, contract, or subcontract if a conflict of interest, real or apparent, exists. By definition, “person” includes CLG commission members, agents, or staff. Commissions are encouraged to adopt procedures for a conflict of interest situation. The SHPO can provide examples of the conflict of interest statements used by its boards and committees. 3. The HPC shall meet as often as is necessary to complete the workload in a timely fashion. 4. The HPC's responsibilities regarding local designation of properties and building permit review are mentioned in III.A.2. and III.A.3. above. Federal law prescribes that the commission participate in the National Register nomination process as follows: a. Before a property within the jurisdiction of the Certified Local Government may be considered by the State to be nominated to the Keeper of the National Register for inclusion on the National Register, the SHPO shall notify the owner, the applicable chief local elected official, and the local HPC. The HPC, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within sixty days of notice from the SHPO, the chief local elected official shall transmit the report of the commission and his/her recommendation to the SHPO. Except as provided below, after receipt of such report and recommendation, or if no such report and recommendation are received within sixty days, the State shall make the nomination pursuant to established procedures. The state may expedite such process with the concurrence of the certified local government. If the HPC chooses to initiate the nomination of a property to the National Register and submits that nomination to the SHPO, the HPC may include the comments of the chief local elected official and the HPC with the initial submittal to the SHPO, along with a request that the 60 day comment period for CLGs be waived. In such cases, the SHPO will give the standard required 30 days notice to both the property owners (s) and the local government of the State Review Board meeting. The required 60 day CLG review period may thus be waived. b. If both the commission and the chief local elected official recommend that property not be nominated to the National Register, the SHPO shall take no further action, unless within thirty days of the receipt of such recommendation by the SHPO an appeal is filed with the State. If such an appeal is filed, the State shall follow the procedures for making nomination pursuant to established procedures. Any report and recommendations made under this section shall be included with any nomination submitted by the State to the Keeper of the National Register. Minnesota CLG Procedures Manual, page 5 Issued September 2002 State Historic Preservation Office PacketPageNumber135of213 c. All nominations, when sent by the SHPO to the CLG for comment, will be classified as primarily historic, archaeological, and/or architectural in nature. If an HPC does not have professional expertise in accordance with the necessary 1 federal qualifications in the appropriate area(s) (see Appendix A), the HPC can 1) choose not to comment on that nomination through the CLG review process (in which case it should advise the SHPO of that choice), or 2) obtain the opinion(s) of a qualified professional or qualified professionals in the subject area and consider the opinion(s) in their recommendation. Under 2), both the credentials and the opinion(s) of the consulted professional(s) should be submitted to the SHPO with the CLG recommendation. Even if the HPC chooses not to comment under the CLG process outlined above (e.g., when professional expertise is not available), comments on a nomination may be submitted to the SHPO in as much as any interested party may submit comments. The provisions of 3.b. above, however, would not apply in such cases. The SHPO can provide assistance in locating qualified professionals. 5. Federal guidelines also require that the unit of government and the HPC possess certain financial qualifications in order to receive federal pass-through funds. These will be explained in Section VI. 6. The functions of the HPC must be complimentary to and carried out in coordination with the responsibilities of the SHPO as defined in 36 CFR 61. 7. The SHPO shall make available to HPCs orientation materials and training workshops designed to provide a working knowledge of the roles and operations of federal, state and local preservation programs and historic preservation in general. C.The local government must maintain a system for the survey and inventory of historic properties. The local government must maintain an ongoing process to survey and inventory all buildings, structures, sites and districts within the local jurisdiction. This survey information must be clearly organized and accessible to the public (excluding restrictions on locations of archaeological sites). The SHPO should be consulted in the initial development of such a system, and the inventory forms of the SHPO should be used or, alternatively, local inventory forms should be approved by the SHPO. The local inventory should clearly indicate those 1 For an architectural nomination, the commission must have a member who qualifies under the federal architectural history or historic architecture standards. For a history nomination, the commission must have a member who qualifies under the federal history standards. For an archaeological nomination, the commission must have a member who qualifies under the federal archaeology standards. If a nomination is classified in more than one area, the commission must have expertise in all appropriate areas in order to comment through the CLG comment process. Minnesota CLG Procedures Manual, page 6 Issued September 2002 State Historic Preservation Office PacketPageNumber136of213 properties that have been designated locally as well as those listed in the National Register of Guidelines for SHPO Historic Places. All surveys should be conducted according to the Architecture/History Projects. 1. The local government must submit a copy of the local inventory form for each locally designated property and district to the SHPO. 2. The local government must advise the SHPO on the status of the local inventory on an annual basis (see E.2.e). 3. The local survey information submitted to the SHPO will be integrated into the statewide inventory. The SHPO may request additional survey and inventory data from the local government as part of the development of the state's comprehensive planning process. D.The local government shall provide for adequate public participation in local historic preservation programs, including the process of recommending properties for nomination to the National Register. 1. All meetings of the commission shall adhere to the Minnesota Open Meeting Law (Minnesota Statutes 471.705). 2. All National Register nominations on which the commission chooses to comment (as outlined under III.B.4. above) must be considered at an open meeting of the commission, with opportunity for public comment. 3. Both the local designation process and the building permit review process (see III.A.2. and III.A.3.) must contain a provision for public comment on proposed actions. 4. Minutes of all commission decisions and actions, including the reasons for making those decisions, must be kept on file and available for public inspection. E.The local government shall satisfactorily perform the responsibilities listed in points A-D above and those specifically delegated to it under the Act by the Minnesota SHPO. 1. The local government will demonstrate performance of the responsibilities listed in points A-D in an annual report to be submitted to the SHPO by October 30 for each preceding year (October 1 - September 30). 2. This report must demonstrate an active commitment of the HPC to an effective community preservation program. It should contain, at minimum, the following information: a. Number, names, and dates of local designations made during the year. (Inventory forms on these sites should have been submitted to the SHPO during the year as part of the local designation process - see III.A.2.). Minnesota CLG Procedures Manual, page 7 Issued September 2002 State Historic Preservation Office PacketPageNumber137of213 b. Number of building permits reviewed during the year, and a summary of findings of the HPC on those reviewed. c. Listing of members and officers of the HPC including preferred mailing address, phone number and e-mail address, resumes for any new members, and an indication of the commissioner who represents the county historical society. d. Listing of 1) National Register nominations on which the HPC has commented, and 2) National Register nominations submitted to the State Historic Preservation Office for nomination, during the year. e. A summary of available inventory information currently included in the local in inventory. This might be done with a simple listing of inventoried property addresses. Maps and other material may also be useful. The location of the inventory records should also be indicated. f. Assurances that the HPC has adhered to 1) the public participation provisions as stipulated under Section III.D. and 2) the procedures of the State Archives Department, Minnesota Historical Society, regarding commission records. g. Descriptions of other activities, publications or events undertaken by the HPC during the previous year and planned by the HPC for the coming year. 3. The performance standards for the items listed in III.E.2., above, will be as follows: a. The HPC must demonstrate an ongoing process of local designation with a mini- mum of one designation a year. (In situations where this may not be possible, as in very small cities where the entire area of jurisdiction is designated, the city should explain the reasons for a lack of action.) b. The HPC must show that all permits related to designated properties are being reviewed, according to the procedure set forth in the ordinance. c. The requirements of Section III.B.2 must be met. d. (No minimum.) e. The inventory should be shown to be clearly organized and accessible to the public. f. (No minimum.) g. (No minimum.) Minnesota CLG Procedures Manual, page 8 Issued September 2002 State Historic Preservation Office PacketPageNumber138of213 4. At least one member of the HPC must attend SHPO-sponsored training each year. (If attendance at a statewide workshop or conference is not possible, the SHPO should be consulted for an alternate means of meeting this training requirement.) Technical and other information for commissions is available from the SHPO. IV. PROCESS FOR CERTIFICATION OF LOCAL GOVERNMENTS A.The chief elected official of the local government shall request certification from the Minnesota SHPO. The request for certification shall include the following: 1. A copy of the local historic preservation ordinance. 2. Copies of local inventory forms for all sites and districts locally designated, and a summary of available inventory information on properties not locally designated (property addresses, maps, etc.). 3. Resumes for each of the members of the historic preservation commission. These resumes must clearly show that all members have a demonstrated interest, competence or knowledge in historic preservation, and that at least two members are preservation- related professionals (see III.B.2.). (If these professionals are unavailable, an explanation should be attached.) The resumes should also indicate expertise in the areas of archi- tectural history, archaeology, and history, for the purpose of establishing expertise to review National Register nominations (see III.B.3.c.) B. SHPO and National Park Service Review The SHPO will respond to the chief elected official within 60 working days of the receipt of an adequately documented written request. If the local government meets the criteria for certification, the SHPO will prepare a written certification agreement that lists the specific responsibilities of the local government when certified and forward that agreement to the local government for signature (see Appendix D for model agreement). When the signed agreement is returned to the SHPO the request and agreement will then be forwarded to the National Park Service for review with a request for concurrence. If the NPS does not take exception to the request within 15 working days of receipt, the local government shall be regarded as Certified. A Certification Agreement is not effective until it is signed by the chief elected official and the SHPO, and concurred with in writing by NPS. The effective date of certification is the date of NPS concurrence. When NPS concurs with the SHPO recommendation for certification, NPS will notify the SHPO in writing, and send a copy of that letter to the CLG. Minnesota CLG Procedures Manual, page 9 Issued September 2002 State Historic Preservation Office PacketPageNumber139of213 V. PROCESS FOR MONITORING AND DECERTIFYING CLGS A. The SHPO will review the annual reports submitted by certified local governments, records of the administration of funds allocated from the Historic Preservation Fund, and other documents as necessary, to assure that each government is fulfilling the required standards. Other review and monitoring may be conducted as necessary. B. If the SHPO evaluation indicates that the performance of a CLG is inadequate, the SHPO shall document that assessment and delineate for the local government ways to improve performance. The CLG shall have a period of not less than 30, nor more than 180 days to implement improvements. If the SHPO determines that sufficient improvement has not occurred, the SHPO will recommend decertification of the local government to the Secretary of the Interior citing specific reasons for the recommendation. C. If the local government is decertified, the SHPO will conduct financial assistance closeout procedures as specified in the HPF Grants Manual. VI. PROCESS FOR ALLOCATING CLG GRANT PASS-THROUGH FUNDS TO CLGs The Minnesota SHPO administers the CLG Grant program and produces and distributes a CLG Grants manual each year that describes the application process, matching requirements and priorities for the given year. Under this program, in accordance with the Department of the Interior requirements for the Historic Preservation Fund programs, at least ten (10) percent of Minnesota's annual HPF appropriation is designated as pass-through funding to Certified Local Governments (CLGs) each year. This pass- through grant program has assisted CLGs across the state of Minnesota build and strengthen their local preservation programs. The CLG Grants Manual includes information on General Grant Conditions, Eligible Program Activities and Priorities for Projects, the Application Process, Instructions for Completing Application Forms, and Project Administration and Reporting. Application Forms, a sample CLG Grant Agreement and sample Project Description (Attachment A), a CLG Request for Reimbursement Form, Supplemental Infor- mation on Allowable Costs, and forms for fiscal documentation are also included. Because federal funds are used for CLG grants, numerous federal regulations apply. Federal regulations will be enforced, and failure on the part of a CLG to meet them will result in the cancellation of a grant project. All work accomplished under these grants must meet the Secretary of the Interior’s Standards for Archaeology and Historic Preservation. Providing matching funds may be an annual prerequisite and is one of the selection criterion for CLG grants. Applicants are encouraged to provide a match that exceeds the minimum requirement. Matching funds may be cash, in-kind and/or donated services or materials contributed to the project or a combination of the three. Minnesota CLG Procedures Manual, page 10 Issued September 2002 State Historic Preservation Office PacketPageNumber140of213 There are six areas of eligible program activity for CLG grants: (A) Comprehensive Planning; (B) Survey; (C) Evaluation; (D) Local Designation Forms; (E) National Register Nomination Forms; and (F) Public Education. The CLG Grants Manual provides guidance and examples for each category. Projects receive special priority are those that: reflect the goals and strategies in the statewide preserva- tion plan; promote sound preservation planning through historic context development and the comple- tion of historic and archaeological surveys; result in local designations; and involve properties associ- ated with the history of heretofore under-documented groups or communities (ethnic or racial minorities for example, but also other groups defining themselves as communities. Projects will be evaluated on the following criteria (total points available 100): 1. How well the applicant addresses questions for each category in the CLG Grants Manual (0- 25 points); 2. How well the annual priorities and criteria outlined in the CLG Grants Manual are addressed and how well the project is related to the state preservation plan (0-15 points); 3. Clearly stated measurable goals that can be realistically attained within the funding period (0 to 15 points); 4. Demonstrated community support and leveraged funds (0 to 15 points); 5. Products and past performance of previously administered CLG grants (0 to 15 points); 6. Quality and practicality of the budget (0 to 15 points). The CLG Grants Manual is available by contacting the Grants Office at the Minnesota Historical Society, 345 Kellogg Boulevard West, St. Paul, MN 55102-1906; telephone (651) 296-5478. Minnesota CLG Procedures Manual, page 11 Issued September 2002 State Historic Preservation Office PacketPageNumber141of213 APPENDIX A PROFESSIONAL QUALIFICATIONS STANDARDS The following requirements are those used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR 61. The qualifications define minimum education and experience required to perform identification, evaluation, registration, and treatment activities. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historic properties involved. In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work, but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. History The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. Archaeology The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field plus: 1. At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management; 2. At least four months of supervised field and analytic experience in general North American archaeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period. Minnesota CLG Procedures Manual, page 12 Issued September 2002 State Historic Preservation Office PacketPageNumber142of213 Architectural History The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with course work in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historic organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. Architecture The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture. Historic Architecture The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following: 1. At least one year of graduate study in architectural history, preservation planning, or closely related field; or 2. At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects. Minnesota CLG Procedures Manual, page 13 Issued September 2002 State Historic Preservation Office PacketPageNumber143of213 APPENDIX B State Enabling Legislation for Heritage Preservation Commissions (from 2001 Minnesota Statutes) 471.193 MUNICIPAL HERITAGE PRESERVATION. Subdivision 1. Policy. The legislature finds that the historical, architectural, archaeological, engineering, and cultural heritage of this state is among its most important assets. Therefore, the purpose of this section is to authorize local governing bodies to engage in a comprehensive program of historic preservation, and to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of this state. Subd. 2. Heritage preservation commissions. The governing body of a statutory or home rule charter city, county, or town as described in section 368.01, subdivisions 1 and 1a may establish a heritage preservation commission to preserve and promote its historic resources according to this section. Subd. 3. Powers. The powers and duties of any commission established pursuant to this section may include any power possessed by the political subdivision creating the commission, but shall be those delegated or assigned by the ordinance establishing the commission. These powers may include: (1) the survey and designation of districts, sites, buildings, structures, and objects that are of historical, architectural, archaeological, engineering, or cultural significance; (2) the enactment of rules governing construction, alteration, demolition, and use including the review of building permits, and the adoption of other measures appropriate for the preservation, protection, and perpetuation of designated properties and areas; (3) the acquisition by purchase, gift or bequest, of a fee or lesser interest, including preservation restrictions, in designated properties and adjacent or associated lands which are important for the preservation and use of the designated properties; (4) requests to the political subdivision to use its power to eminent domain to maintain or preserve designated properties and adjacent or associated lands; (5) the sale or lease of air rights; (6) the granting of use variations to a zoning ordinance; (7) participating in the conduct of land use, urban renewal, and other planning processes undertaken by the political subdivision creating the commission; and (8) the removal of blighting influences, including signs, unsightly structures, and debris, incompatible with the physical well-being of designated properties or areas. Minnesota CLG Procedures Manual, page 14 Issued September 2002 State Historic Preservation Office PacketPageNumber144of213 No power shall be exercised by a commission which in contrary to state law or denied a political subdivision by its charter or by law. Powers of a commission shall be exercised only in the manner prescribed by an ordinance and no action of an ordinance unless expressly authorized by the ordinance. Subd. 4. Exclusion. If a commission is established by the city of St. Paul, it shall for the purpose of this section exclude any jurisdiction over the capitol area as defined in section 15.50, subdivision 2. Subd. 5. Commission members. Commission members must be persons with demonstrated interest and expertise in historic preservation and must reside within the political subdivision regulated by the ordinance establishing the commission. Every commission shall include, if available, a member of a county historical society of a county in which the municipality is located. Subd. 6. Communication with the state historic preservation officer. Proposed site designations and design guidelines must be sent to the state historic preservation officer at the Minnesota Historical Society, who shall review and comment on the proposal within 60 days. By October 31 of each year, each commission shall submit an annual report to the state historic preservation officer. The report must summarize the commission's activities, including designations, reviews, and other activities during the previous 12 months. Minnesota CLG Procedures Manual, page 15 Issued September 2002 State Historic Preservation Office PacketPageNumber145of213 APPENDIX C SECRETARY OF THE INTERIOR’S STANDARDS FOR TREATMENT OF HISTORIC PROPERTIES Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. 1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken. 2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archaeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. Minnesota CLG Procedures Manual, page 16 Issued September 2002 State Historic Preservation Office PacketPageNumber146of213 APPENDIX D MODEL LOCAL GOVERNMENT CERTIFICATION AGREEMENT This agreement is made between the of[insert proper name of local government] and the Minnesota Historical Society. 1. As a Certified Local Government (CLG) established under the provisions of the “Minnesota Certified Local Government Handbook” and of 36 CFR 61.5 and 36 CFR 61.7, made a part of this agreement by reference, the of agrees to: A. Enforce appropriate state and local legislation for the designation and protection of historic properties. The CLG will conduct design review of designated properties according to the Secretary of the Interior’s Standards for Rehabilitation. B. Maintain an adequate and qualified historic preservation review commission by State and Local legislation. C. Maintain a system for the survey and inventory of historic properties. D. Provide for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register. E. Satisfactorily perform the responsibilities listed in points A-D above and those specifically delegated to it under the Act by the State Historic Preservation officer (SHPO). 2. The specified obligations of the CLG under each of the above areas are outlined in the document “Minnesota Certified Local Government Handbook.” Performance of these responsibilities will be demonstrated in the annual report submitted by the CLG to the SHPO by November 1 of each year (See Section I.E. of the Handbook). Failure to report or unsatisfactory performance may be grounds for potential decertification as described in Section III of the Handbook. 3. It is mutually understood that upon final execution of this agreement, the Local Government will achieve, subject to final review by the Secretary of the Interior, Certified Local Government status. Transference of funds pursuant to said status will require compliance with this Handbook, and the current CLG Grants Manual. 4. The Certified Local Government agrees to indemnify and save and hold the SOCIETY, its agents, contractors, and employees harmless from any and all claims or causes of action arising from the CLG’s performance of this agreement. 5. The Certified Local Government will comply with Title VI of the Civil Rights Act of 1964; Public Law 88-352 (78 Stat. 241; 42 U.S.C. 2000d) which prohibits discrimination and is made a part of this agreement by reference. MINNESOTA HISTORICAL SOCIETY LOCAL GOVERNMENT State Historic Preservation Officer Date Mayor Date Deputy State Historic Preservation Date Chair, Heritage Date Officer Preservation Commission Print Name: Contracting Officer Date Minnesota CLG Procedures Manual, page 17 Issued September 2002 State Historic Preservation Office PacketPageNumber147of213 Attachment 5 EĂƚŝŽŶĂůZĞŐŝƐƚĞƌƌŝƚĞƌŝĂĨƌŽŵƚŚĞDŝŶŶĞƐŽƚĂ,ŝƐƚŽƌŝĐĂů^ŽĐŝĞƚǇ National Register Criteria The National Register of Historic Places is the official list of the nation's cultural resources worthy of preservation. Properties listed in the Register include districts, sites, buildings, structures, and objects that are significant in American history, architecture, archaeology, engineering, and culture and which possess integrity of location, design, setting, materials, workmanship, feeling, and association. The National Register criteria for evaluating the significance of properties were developed to recognize all people who made a contribution to the country's history. Cultural Resources are determined significant if they: A are associated with events that have made a significant contribution to the broad patterns of our history; B are associated with the lives of significant persons; C embody the distinctive characteristics of a type, period, or method of construction, or represent the work of a master; or possess high artistic values, or represent a significant concentration of resources whose individual components are united historically by function or plan; or D have yielded, or may be likely to yield, information important in prehistory or history. Criteria Considerations Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historical buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within one of the following categories: A religious property deriving primary significance from architectural or artistic distinction or historical importance; or A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his/her productive life; or A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or A reconstructed building, when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or A property achieving significance within the past 50 years if it is of exceptional significance. PacketPageNumber148of213 Agenda Item I1 AGENDA REPORT TO : James Antonen, City Manager FROM: Charles Ahl, Assistant City Manager SUBJECT:Consider Calling Special Council Manager Work Sessions for the Purpose of Reviewing and Discussing Options for the 2011 Budget and 2011 – 2015 Capital Improvement Plan 1.Tuesday, July 6, 2010 at 4:30 pm 2.Thursday, July 15 at 5:15 pm DATE:June 9, 2010 INTRODUCTION As part of thecontinuing discussion of the 2011budget, the Citystaff will bemakingpresentations on the various departments, the impacts of 2010 Budget Cuts, impacts of the 2011 – 2015 Capital Improvement Plan proposals and revisions andimpacts of reductions going forward with 2011 th Holiday, the first Monday of the month of July is a proposed budget limitations. Due to the July 4 th . The staff is public holiday and the City Manager – Council Work Session cannot be held on July 5 th , to allow for presentations on budget proposing that this be moved to 4:30 pm the next day, July 6 issues by Community Development, Parks & Recreation, Public Works and Maplewood Community Center. The Planning Commission will be holding a meeting that begins at 7:00 pm, so the staff is requesting an early start to this meeting. The Council also indicated that once all discussions with the Council on the various departments and specific items are presented, that the Council would like to hold a Work Session for the purpose of establishing priorities and giving directions to the staff on preparation of the 2011 Budget. The Council th at 5:15 pm. Various staff will has indicated that they wish to hold that meeting on Thursday, July 15 th meeting will be a Council not be available on that date; however it is anticipated that this July 15 discussion and staff involvement will be limited. Recommendation TheCity Council shouldadopt one motion calling for Special Council – Manager Works Sessions for thth at 4:30 pm and Thursday, July 15at 5:15 pm for the purposed of reviewing and Tuesday, July 6 discussing options for the 2011 Budget and 2011 – 2015 Capital Improvement Plan. PacketPageNumber149 Page of 1 213 of1 Agenda Item I2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/Deputy Public Works Director Shann Finwall, AICP, Environmental Planner SUBJECT: Stormwater Ordinance – Second Reading DATE: May 26, 2010 INTRODUCTION The city adopted the surface water management plan as part of the 2030 Comprehensive Plan in January 2010. Implementation requirements of the surface water management plan call for an update to the city’s stormwater management policies to ensure all requirements of the plan are being met. The final reading and approval of the ordinance is needed. BACKGROUND The Environmental and Natural Resources (ENR) Commission worked with staff to refine the stormwater engineering standards and ordinance language during two separate meetings in February and March of 2010. The ENR Commission recommended approval of the stormwater ordinance on March 24, 2010. The City Council held a public hearing and conducted the first reading at the regular meeting on May 10, 2010. There was no comment from the public at that time. No comment has been received to date on the ordinance amendments. DISCUSSION Stormwater Management Policies Stormwater management is touched on briefly in the city’s environmental protection ordinance and more in depth in the city’s engineering standards. The stormwater ordinance is an authoritative rule which a land owner or developer must comply with, unless a variance from the ordinance is obtained from the city council. Engineering standards are guidelines for development, including the preparation of engineering plans for construction in the city. To begin the stormwater management policy updates, the ENR Commission reviewed updated stormwater engineering standards in January 2010. The standards are detailed and designed to ensure developers submit the appropriate engineering plans and comply with the city’s construction guidelines (Attachment 1). The stormwater standards will be implemented into the overall engineering standards. The main regulating principles were pulled from the standards and included in the new stormwater ordinance (Attachment 2). Stormwater Ordinance Following is a summary of the main points highlighted in the stormwater ordinance: Applicability. 1. The proposed standards and ordinance would apply to projects which result in new development and redevelopment on projects which encompass one-half acre (21,780 square-feet) or more of disturbed area or 5,000 square-feet or more of new impervious surface. PacketPageNumber150of213 Agenda Item I2 Runoff Rate. 2. Runoff rates resulting from a project subject to the standards shall not exceed the pre-project runoff rates for the 2-year, 10-year, and 100-year critical duration storm events. Water Quality Treatment. 3.The city’s existing standards require the removal of 80% total suspended solids. The new standards and ordinance will require treatment through infiltration practices for runoff volumes of at least 1.0 inch over all new impervious and redevelopment impervious portions of a project. This is a new requirement by the Minnesota Pollution Control Agency (MPCA) under the city's National Pollutant Discharge Elimination System (NPDES) permit program, in order to conform to non-degradation requirements. Filtration practices must be designed for partial recharge (e.g., bioretention basin with under drains). These practices will receive 70% credit for the runoff volume treatment requirement of 1.0 inch. For projects where infiltration or filtration is not feasible, or is prohibited as described in the stormwater management standards, the project must provide treatment systems that remove 90% total suspended solids and 60% total phosphorus on an annual basis. Erosion Control. 4. Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term “land disturbance activity” in the City’s Erosion and Sedimentation Control Ordinance. Illicit Discharges. 5. No draining or discharging into the storm sewer of any pollutants or waters containing pollutants, other than stormwater. The following discharges are exempt: a. Water line flushing performed by a government agency, other potable water sources such as landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants. b. Discharges or flows from fire fighting, and other discharges specified in writing by the city as being necessary to protect public health and safety. Coal Tar Sealants. 6. The use of coal tar sealers on asphalt driveways is a common practice. Coal tar sealant products contain polycyclic aromatic hydrocarbons (PAHs), which are a group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Scientific studies have demonstrated a relationship between the use of these products on stormwater runoff and certain health and environmental concerns. The coal tar sealer section of the ordinance will prohibit any person from applying this material to any driveway, parking lot, or other surface in the city. The purpose of the ordinance is to protect, restore, and preserve the quality of our waters. Placement of Ordinance in the City Code The current city code references stormwater management in Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection Ordinance), Section 12-307(f) (Nationwide Urban Runoff Program). This section will become obsolete with the new stormwater ordinance, and as such should be deleted in its entirety from the city code. Staff proposes to relocate the new stormwater ordinance to the Environment Chapter (Chapter 18). 2 PacketPageNumber151of213 Agenda Item I2 Maplewood’s city code is scheduled for recodification later this year. Recodification is the process of adding new ordinances to the code and ensuring the placement of these codes with the appropriate chapter and section numbers are accurate. During the recodification process, staff proposes to place all of the environmental ordinances under the Environment Chapter (Chapter 18). In addition to the new stormwater ordinance, other environmental ordinances relocated to this chapter will include tree protection, wetlands, slopes, flood, and shoreland overlay districts. The proposed outline for the Environment Chapter is attached (Attachment 3). RECOMMENDATION Adopt the second reading of the attached stormwater ordinance (Attachment 2). This ordinance revises portions of the Environmental Protection and Critical Area (Article VII) dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). This amendment also moves this section of the article in its entirety to the Environment Chapter (Chapter 18) of the city code. Attachments: 1. Stormwater Management Engineering Standards (April 2010) 2. Stormwater Ordinance (April 2010) 3. Environment Chapter Outline 3 PacketPageNumber152of213 Agenda Item I2 Attachment 1 Maplewood Engineering Regulations April 9, 2010 Maplewood Stormwater Management Standards The City of Maplewood has developed specific requirements in this section that apply to development and redevelopment projects. These standards are intended to help achieve the water resource goals of the City’s Surface Water Management Plan (SWMP) and help the City maintain compliance with the National Pollutant Discharge Elimination System (NPDES) municipal permit program. These standards highlight important aspects of the requirements for stormwater quality, discharge rate and volume control, erosion control, and illicit discharge. These standards do not replace or supersede City ordinances, watershed district regulations, state and federal rules or permits required for the project. For a more detailed listing of requirements see the specific policies of the City’s SWMP and the applicable City ordinances, or consult with City staff on your specific project. To accomplish the goals of the SWMP, it is important to the City to have consistent approaches to evaluating proposed development and redevelopment projects. Therefore, all hydrologic, hydraulic and water quality analysis must be prepared and submitted in a format that will allow for a timely and efficient review by City staff. Project designers and/or developers are encouraged to schedule and complete a pre- design meeting with the City before any data will be accepted. The purpose of the meeting is to specifically address approvals and permits, pond requirements, trunk storm drain analysis, wetland impacts, water quality treatment, erosion control and discharge to lakes and sensitive wetland resources. 1)General a)Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term “land disturbance activity” in the City’s Erosion and Sedimentation Control Ordinance. b)The City’s water quality treatment and rate control requirements apply to projects which result in twenty-one thousand, seven hundred eighty (21,780) square feet or more of disturbed area or five thousand (5,000) square feet or more of new impervious surface, and c)Projects conducting mill and overlay or other surface pavement treatments, where aggregate base is left undisturbed, on existing impervious areas are exempt from the City’s water quality treatment and rate control requirements. However, 1 PacketPageNumber153of213 Agenda Item I2 Attachment 1 requirements must be met if the project impacts the base and/or sub-base materials for 21,780 square feet or more of disturbed area. d)Projects in the Floodplain Overlay District or Shoreland Overlay District may have additional requirements which are defined in the City’s Floodplain and Shoreland Ordinances. e)Any work within a wetland, surface water, or Federal Emergency Management Agency (FEMA) designated floodplain may require permits to be obtained from, but not limited to the City, watershed district, Department of Natural Resources (DNR) and Corps of Engineers. All applicable permits for the specific project must be obtained prior to commencing land disturbance, construction, grading, clearing, or filling activities. f)The owner shall submit the information listed in Section 8 of these Standards to the City for review. 2)Water Quality Treatment. a)Infiltration/Volume Control Requirement 1)For all new impervious portions of a project, a runoff volume of one (1) inch must be treated through infiltration practices. 2)For all redevelopment impervious portions of a project, a runoff volume of 1 inch must be treated through infiltration practices. 3)Filtration practices that are designed for partial recharge (e.g., bioretention basin with under drains) shall receive seventy percent (70%) credit for infiltration/volume control. Trees and shrubs are encouraged to be incorporated into filtration practice designs. b)Pollutant Removal Requirements. For projects that have met the infiltration/volume control requirements above, the pollutant removal requirements are considered to be met. For projects where infiltration or filtration is not feasible or is prohibited (see Item 5.a.), the following pollutant removal standards (based on a standard Nationwide Urban Runoff Program, NURP, particle size distribution) apply prior to reaching a downstream receiving water: 1)For new development portions of a site, provide treatment to remove ninety percent (90%) total suspended solids (TSS) and sixty percent (60%) total phosphorus (TP) as modeled on an annual basis. 2)For redevelopment portions of a site, provide treatment to remove 90% TSS and 60% TP as modeled on an annual basis. 3)Rate Control. a)Discharge rates leaving the site must not exceed the current rates for the 2, 10 and 100-year, critical duration (24-hour) storm events, using a Type II storm distribution and antecedent moisture conditions 2 (AMC-2). 2 PacketPageNumber154of213 Agenda Item I2 Attachment 1 b)On-site rate controls may not be needed if downstream (regional) facilities can be shown to adequately detain/retain the runoff to existing conditions. In this case, the developer or design engineer shall submit a technical evaluation completed by a qualified engineer which must be reviewed and approved by the City Engineer. c)Where a flow rate variance involves inter-community issues or significant water bodies, the regulatory jurisdiction shall have a review role. Any variances shall be reflected in subsequent plan submittals. 4)Design Computations. a)All hydrologic data shall be completed using NRCS methodology; i.e. HydroCAD or TR20/TR55, XP-SWMM or a comparable, City approved method. Hydraulic calculations will be accepted in the rational method format or in commonly used software packages such as FHWA HY-8, Eagle Point or XP-SWMM or a compatible, City approved method. These computations shall be submitted to the City upon request. b)Rainfall amounts for hydrologic analysis shall be based on Hershfield, D.M., 1961, Rainfall Frequency Atlas of the United States for Duration of 30 Minutes to 24 Hours and Return Periods from 1 to 100 Years. Technical Publication No. 40 (TP-40). Maplewood analyses shall use the values in the following table. Rainfall FrequencyRainfall (Inches) 2-Year 24-Hour2.9 10-Year 24-Hour4.3 100-Year 24-Hour6.0 c)For projects that do not meet the infiltration/volume control requirement, design engineers and developers shall determine the pollutant removal efficiency of the best management practices (BMPs) incorporated into the site plan using the available industry standard models including P8 (and using a standard NURP particle size distribution for the analysis) or a comparable model approved by the City. As an alternative to preparing a site-specific model, the development may provide a treatment volume (dead storage) of not less than two and one-half (2.5) inches multiplied by the runoff coefficient calculated over the contributing drainage area to the pond. For example, a one (1) acre impervious site with a runoff coefficient of 0.90 that drains to a common treatment pond would be required to provide a dead storage volume of 0.19 acre-feet or eight thousand two hundred (8,200) cubic feet. The Natural Resources Conservation Service Method may also be used upon City approval. d)The volume reduction (in cubic feet) provided by surface infiltration practices shall be computed using the Ramsey-Washington Metro Watershed District’s (RWMWD) Volume Control Worksheet (available online at www.rwmwd.org). An alternative computation method may be used if the method considers the same factors as the RWMWD worksheet and provided the method is approved by the 3 PacketPageNumber155of213 Agenda Item I2 Attachment 1 City Engineer prior to the project information being submitted to the City for review. e)Local storm sewer systems shall be designed for the 10-year storm event. The Rational Method shall be the preferred methodology for the design of local systems. Culvert crossings or storm systems in County or State right-of-way may have a design frequency which differs from the City’s 10-year design storm. The designer shall contact each agency/unit of government to determine the appropriate design frequency for hydrologically-connected systems. f)For culvert outlet velocities less than or equal to four (4) feet per second (fps), check shear stress to determine if vegetation or riprap will be adequate. If vegetation is used, temporary erosion control during and immediately following construction shall be used until vegetation becomes established. For velocities greater than four (4) fps, energy dissipaters shall be designed in accordance with Mn/DOT Design Criteria. g)High water elevations for landlocked areas (basins where no outlet exists) shall be established by first estimating the normal or initial water surface elevation at the beginning of a rainfall or runoff event using a documented water budget, evidence of mottled soil, and/or an established ordinary high water level. The high water level analysis shall be based on runoff volume resulting from a 100-year/10-day runoff (7.2 inches and saturated or frozen soil conditions [CN=100]) and/or the runoff resulting from a 100-year back-to-back event (6.0 inches followed by 6.0 inches). The high water elevation shall be the higher of these two conditions. h)The lowest floor elevation (LFE) of all buildings shall be set: 1) At least two (2) feet above the 100-year high water elevation and at least one (1) foot above a designated emergency overflow. 2)For landlocked basins, at least five (5) feet above the higher of the elevations determined in Part 4.g. 5)Volume Control/Infiltration Practices Design Criteria. a)Infiltration systems are prohibited: 1)Where the bottom of the infiltration basin is less than three (3) feet to bedrock or the seasonally high water table; 2)Low permeability soils (i.e., Hydrologic Soil Group D soils) or where a confining layer exists below the proposed basin; 3)Within fifty (50) feet of a public or private water supply well (Minn. Rules, Chapter 4725); 4)Potential stormwater hot spots or contaminated soils; 5)Within ten (10) feet of a property line or building foundation; and 6)Within thirty-five (35) feet of a septic system tank or drain field. 4 PacketPageNumber156of213 Agenda Item I2 Attachment 1 b)Infiltration practices must be designed to draw down to the bottom elevation of the practice within forty-eight (48) hours. The ponding depth shall be based on the soil infiltration rate determined from site-specific soils investigation data taken from the location of proposed infiltration practices on the site (e.g., double ring infiltrometer test). The maximum ponding depth, regardless of infiltration rate shall be two (2) feet unless otherwise approved by the City Engineer. The soils investigation requirement may be waived for residential property practices where the maximum ponding depth is one (1) foot or less. The following infiltration rates shall be used for the most restrictive underlying soil unless otherwise supported by an in-situ infiltration test: ASTM Unified Soil Rate Soil Textures Soil Class Group Symbols 1.63 in/hr GW, GP Gravel, sand, sandy gravel, silty A gravel, loamy sand, sandy loam 0.80 in/hr GM, SW, SP 0.60 in/hr SM BLoam, silt loam 0.30 in/hr ML, OL Sandy clay loam C 0.20 in/hr GC, SC Clay loam, silty clay loam, sandy CL, CH, OH, D 0.00 in/hr clay, silty clay, or clay MH Source:Minnesota Stormwater Manual, November 2005. c)Infiltration practices shall have provisions for pretreatment of the runoff. Examples of pretreatment include: a mowed grass strip between a curb-cut and a small rain garden, a sump manhole or manufactured sediment trap prior to an infiltration basin, and a sediment forebay as the first cell of a two-cell treatment system. Where the infiltration system captures only clean runoff (e.g., from a rooftop) pretreatment may not be required. d)The design shall incorporate a diversion or other method to keep construction site sediment from entering the infiltration system prior to final stabilization of the entire contributing drainage area. e)The design shall incorporate provisions that will prohibit construction equipment from compacting the soils where infiltration practices are proposed. f)A plan for maintenance of the system must be submitted that identifies the maintenance activities and frequency of activities for each infiltration practice on the site. A signed maintenance agreement will be required by the City. 6)Pond and Additional Infiltration System Design Criteria. Newly constructed or expanded/modified ponds and basins shall be designed and constructed to meet the following: a)All ponds or basins shall: 5 PacketPageNumber157of213 Agenda Item I2 Attachment 1 1)Have a 3:1 maximum slope (above the normal water level [NWL] and below the 10:1 bench, if a wet pond); 2)Maximize the separation between inlet and outlet points to prevent short- circuiting of storm flows; 3)Have an emergency overflow spillway identified and designed to convey storm flows from events greater than the 100-year event; and 4)Be made accessible for maintenance and not be entirely surrounded by steep slopes or retaining walls which limit the type of equipment that can be used for maintenance. Vehicle access lane(s) of at least ten (10) feet shall be provided, at a slope less than fifteen percent (15%) from the access point on the street or parking area to the pond, to accommodate maintenance vehicles. Maintenance agreements will be required when the pond is not located on City property. b)All wet ponds shall: 1)Have an aquatic bench having a 10:1 (H:V) slope for the first ten (10) feet from the NWL into the basin; 2)Have inlets be placed at or below the NWL; 3)Have a skimming device designed to remove oils and floatable materials up to a five (5) year frequency event. The skimmer shall be set a minimum of twelve (12) inches below the normal surface water elevation and shall control the discharge velocity to 0.5 feet per second. 4)Have an average four (4) feet of permanent pool depth (dead storage depth). This constraint may not be feasible for small ponds (less than about three [3] acre-feet in volume or less). In such cases, depths of three to four (3-4) feet may be used. To prevent development of thermal stratification, loss of oxygen, and nutrient recycling from bottom sediments, the maximum depth of the permanent pool should be less than or equal to ten (10) feet. 7)Erosion and Sediment Control. a)The City’s Erosion Control Ordinance shall be followed for all projects, including those not regulated under the NPDES construction permit. b)Prior to the start of any excavation or land disturbing activity for the site, the owner or contractor must have in place a functional and approved method of erosion and sediment control. The contractor must have received authorization from the City prior to commencing construction activities. c)Development projects subject to the NPDES Construction Permit shall meet the requirements of the NPDES permit program, including the requirement to prepare and follow a storm water pollution prevention plan (SWPPP). The owner shall submit proof of receipt and approval by Minnesota Pollution Control Agency and/or watershed district of the permit application prior to commencing construction if required. A copy of the SWPPP prepared in accordance with the 6 PacketPageNumber158of213 Agenda Item I2 Attachment 1 NPDES permit requirements, shall be submitted to the City if requested by the City Engineer. 8)Storm Water Plan Submittals. a)Property lines and delineation of lands under ownership of the project proposer. b)Delineation of the subwatersheds contributing runoff from off-site, and proposed and existing subwatersheds on-site. c)Location, alignment and elevation of proposed and existing stormwater facilities. d)Delineation of existing on-site wetlands, shoreland and/or floodplain areas. Removal or disturbance of stream bank and shoreland vegetation should be avoided. The plan shall address how unavoidable disturbances to this vegetation will be mitigated per the City’s ordinances. e)Existing and proposed inlet and outlet elevations f)The 10-year and 100-year high water elevations on-site. For landlocked basins, the higher of the elevations determined in Part 4.g. of these standards shall also be identified. g)The lowest floor elevation and low opening elevation of all buildings and structures. h)Existing and proposed site contour elevations related to NGVD, 1929 datum. i)Construction plans and specifications of all proposed stormwater management facilities. j)Stormwater runoff volume and rate analyses for existing and proposed conditions. k)All hydrologic and hydraulic computations completed to design the proposed stormwater quality management facilities. Computations shall include a summary of existing and proposed impervious areas. l)All pollutant removal computations for practices not meeting the volume control/infiltration requirement. m)Provision of outlots or easements for maintenance access to detention basins, retention basins, constructed wetlands, and/or other stormwater management facilities. n)Maintenance agreement between developer and City which addresses sweeping, pond inspection, sediment removal and disposal, etc. o)Inlets to detention basins, wetlands, etc., shown at or below the outlet elevation. p)Identification of receiving water bodies (lakes, streams, wetlands, etc). q)Identification of existing and abandoned wells, and septic tanks on the development site. 7 PacketPageNumber159of213 Agenda Item I2 Attachment 1 r)Documentation indicating conformance with these standards. 9)Prohibition of Illicit Discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants other than stormwater, i.e., swimming pool water which contains pollutants not found in stormwater. The following discharges are exempt from the prohibition provision above: a)Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants; b)Discharges or flows from fire fighting, and other discharges specified in writing by the Cityas being necessary to protect public health and safety; c)The prohibition provision above shall not apply to any non-stormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system. 8 PacketPageNumber160of213 Agenda Item I2 Attachment 2 ORDINANCE NO. _____ An Ordinance Amending Article VII (Environmental Protection and Critical Area), Section 12-307(f) (Nationwide Urban Runoff Program) The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: This ordinance deletes portions of the Environmental Protection and Critical Area (Article) VII dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). This ordinance also moves the stormwater management ordinance in its entirety to the Environment Chapter (Chapter 18) of the city code. Section 1. This section deletes portions of the Environmental Protection and Critical Area ordinance at Section 12-307(f) (Nationwide Urban Runoff Program). (f) Where feasible, all new stormwater detention ponds shall be designed and constructed to meet the Nationwide Urban Runoff Program (NURP) design criteria of removing at least 60 percent of the phosphorous. The engineer or designer may use the Walker pondnet model or the Pitt pond model when designing stormwater ponds, as noted by the Minnesota Pollution Control Agency (MPCA) Protecting Water Quality in Urban Areas manual. The applicant or applicant’s engineer shall provide the city engineer with the necessary calculations to verify the pond design. Section 2. This section creates a new stormwater management ordinance which will be placed in the Environment Chapter (Chapter 18) of the city code. Section 18-180. Applicability . Stormwater management standards shall apply to new development and redevelopment projects which result in one-half acre (21,780 square-feet) or more of disturbed area or five thousand (5,000) square-feet or more of new impervious surface. a. Runoff Rates. Runoff rates resulting from a project subject to the standards shall not exceed the pre-project runoff rates for the 2-year, 10-year, and 100-year critical duration storm events. b. Water Quality Treatment. A runoff volume of at least one (1.0) inch, over all new impervious and redevelopment impervious portions of a project, must be treated through infiltration practices. 1) Filtration practices that are designed for partial recharge (e.g., bioretention basin with under drains) shall receive seventy percent (70%) credit for the runoff volume treatment requirement of 1.0 inch. 2) For projects where infiltration or filtration is not feasible, or is prohibited as described in the stormwater management standards, the project must provide ϭ PacketPageNumber161of213 Agenda Item I2 Attachment 2 treatment systems that remove ninety (90%) total suspended solids (TSS) and sixty percent (60%) total phosphorus (TP) on an annual basis. Section 18-181. Erosion Control . Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term “land disturbance activity” in the city’s erosion and sedimentation control ordinance. Section 18-182. Illicit Discharges . No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants other than stormwater. The following discharges are exempt: a. Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants; b. Discharges or flows from fire fighting, and other discharges specified in writing by the Cityas being necessary to protect public health and safety; c. The prohibition provision above shall not apply to any non-stormwater discharge permitted under an National Pollutant Discharge Elimination System (NPDES) permit or order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system. d. These requirements do not replace or supersede other City ordinances, watershed district rules or permit requirements, or state and federal rules or permits required for the project. Section 18-183. Regulating Use of Coal Tar Based Sealer Products . a. Purpose. The City understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. Regulation of sealer products within the City is needed in order to protect, restore, and preserve the quality of its waters. b. Definitions. Except as may otherwise be provided or clearly implied by context, all terms used in this ordinance shall be given their commonly accepted definitions. For the purpose of Section 18-183 of this ordinance, the following definitions shall apply unless the context clear indicates or requires a different meaning: Asphalt-Based Sealer. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. Ϯ PacketPageNumber162of213 Agenda Item I2 Attachment 2 Coal Tar. A byproduct of the process used to refine coal. Coal Tar-Based Sealer. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. PAHs (Polycyclic Aromatic Hydrocarbons). A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. c. Prohibitions. 1) No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City. 2) No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar-based sealer to any driveway, parking lot, or other surface within the City. 3) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City. d. Exemption. Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 18- 183. e. Asphalt-Based Sealcoat Products. The provisions of this ordinance shall only apply to use of coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. f. Penalty. Any person convicted of violating any provision in this ordinance is guilty of a misdemeanor and penalties shall conform to Section 1-15 of City Code: General penalties for violations; continuing violations. g. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. ϯ PacketPageNumber163of213 Agenda Item I2 Attachment 2 The city council approved the first reading of this ordinance on May 10, 2010 . The city council approved the second reading of this ordinance on _________________. Signed: _______________________________ _______________________________ Will Rossbach, Mayor Date Attest: ________________________________ Karen Guilfoile, City Clerk ϰ PacketPageNumber164of213 Agenda Item I2 Attachment 3 Draft Outline for the Maplewood City Code, Chapter 18 (Environment). New Articles and Divisions are shown as underlined. April 13, 2010 Chapter 18 ENVIRONMENT Article I.In General - Sec. 18-118-25. Reserved. Article II.Nuisances Division 1.Generally Sec. 18-26Unlawful to cause, create or commit. Sec. 18-27Common law and statutory nuisances adopted by reference. Sec. 18-28Unlawful to permit; cellars, drains cesspools or sewers. Sec. 18-29Rental agents to disclose name of owner or principal to city manager upon request. Sec. 18-30Public nuisances generally. Sec. 18-31Nuisances affecting health, safety, comfort or repose. Sec. 18-32Nuisances affecting morals and safety. Sec. 18-33Enforcement of article generally. Sec. 18-34Continuing violations. Sec. 18-35Notice to abate. Sec. 18-36Abatement by council. Sec. 18-37Abatement on premises. Sec. 18-38Violations of article. Sec. 18-39Loitering. Sec. 18-40- 18-65. Reserved. Division 2.Abandoned Motor Vehicles Sec. 18-66Purpose. Sec. 18-67Definitions. Sec. 18-68Violation. Sec. 18-69Taking into custody and impoundment. Sec. 18-70Certain vehicles declared nuisances; abatement; removal. Sec. 18-71Immediate sale of certain vehicles. Sec. 18-72Additional remedies. Sec. 18-73Police reports. Sec. 18-74Notice to owner and lienholders. Sec. 18-75Reclamation by owner or lienholder; preservation of lien rights. Sec. 18-76Sale of vehicle. Sec. 18-77Designation of poundkeeper. Sec. 18-78Bond of poundkeeper. PacketPageNumber165of213 Agenda Item I2 Attachment 3 Sec. 18-79Insurance of poundkeeper. Sec. 18-80Towing and storage charges generally. Sec. 18-81Release of vehicle and service fee before vehicle towed away. Sec. 18-82Abatement of towing and storage charges. Sec. 18-83Release of vehicles. Sec. 18-84Release form. Sec. 18-85Police records. Sec. 18-86- 18-110. Reserved. Division 3.Noise Control Sec. 18-111Prohibition generally; exception. Sec. 18-112Construction activities. Sec. 18-113Enforcement. Sec. 18-114-18-140. Reserved. Article III.Erosion and Sedimentation Control Sec. 18-115Purpose. Sec. 18-116Scope. Sec. 18-117Erosion and sediment control plan. Sec. 18-118Review of plan. Sec. 18-119Modification of plan. Sec. 18-120Escrow requirement. Sec. 18-121Enforcemenht; penalty. Sec. 18-122-18-175. Reserved. Article IV.Air Pollution Control Sec. 18-176Short title. Sec. 18-177State regulations adopted. Sec. 18-178Approval required to start fire. Sec. 18-179Penalties for violations. Sec. 18-180-18-XXX. Reserved. Article V.Environmental Protection and Critical Areas Division 1.Stormwater Management Division 2.Wetlands and Streams Division 3.Tree Protection Division 4. Slopes Division 5.Mississippi Critical Area Division 6.Flood Plain Overlay District Division 7.Shoreland Overlay District PacketPageNumber166of213 Agenda Item I3a MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Approval of Adoption of Maplewood Area Economic SUBJECT: Development AuthorityRules of Procedure DATE: June 4, 2010 INTRODUCTION The ordinance establishing the Maplewood Area Economic Development Authority (Authority) was adopted by the city council on July 27, 2009. The ordinance states that the Authorityshall elect its own officersand adopt its own rules of procedure (Attachment 1). DISCUSSION Rules of procedure will help the Authorityfacilitate the conduct of meetingsand reduce the risk of mishandling important matters. Rules usually cover issues like the place and time of regular meetings, andparliamentary rules governing procedure. Attached to this report are the draft Authority’srules of procedure for review. These rules discuss meeting times, quorum, duties of the chairperson, election of officers, parliamentary procedures, and amendments. The Authority’sordinance was written and adopted to include some of these procedures.Therefore, the Authority’srules can refer to procedures as spelled out in the ordinance, but do notconflict with the ordinance. RECOMMENDATION Adopt the Authority’srules of procedure. P:\EDA\Agenda Reports\2010\061410\Rules of Procedure Memo_061410 Attachments: 1.Draft AuthorityRules of Procedure PacketPageNumber167of213 Attachment 1 MAPLEWOOD AREA ECONOMIC DEVELOPMENT AUTHORITY RULES OF PROCEDURE Adopted by Maplewood Area Economic Development Authorityon _______, 2010 We, the members of the Maplewood Area Economic Development Authority, created pursuant to Ordinance No. 891, Sections 1 to 13of the Maplewood Code of Ordinances and Minnesota State Statutes, hereby adopt the following "Rules of Procedure,” subject to the provisions of said Article, which is hereby made a part of these Rules: A. MEMBERS The Authority shall consistof the Mayor and members of the City Council. The City Manager shall act as Director and ex officio member. B. MEETINGS 1.All meetings shall be held in the council chambers in Maplewood City Hall, 1830 County Road B East, unless otherwise directed by the chairperson or staff, in which case at least 72hours notice will be given to all Authority members. 2.The Authority shall meet quarterly and at such other times as necessary. 3.Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other member with the concurrence of a majority of the members with at least 72hours notice to all Authority members. C.QUORUM 1.A simple majority of the current membership of the Authority shall constitute a quorum. 2.Any action by the Authority shall require a majority vote of the members present. D. ELECTION OF OFFICERS A chairperson and vice-chairperson shall be elected at a meeting of the Authorityin January. New terms will also begin in January following the election. Once elected, chairs and vice-chairs shall serve until a successor is elected. E. CHAIRPERSON AND VICE-CHAIRPERSON 1.The chairperson, vice chairperson, and such officers as the Authority may decide to create, 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. PacketPageNumber168of213 Attachment 1 3.If the chairperson resigns from or is otherwise no longer on the Authority, the vice chairperson shall become the acting chairperson until the Authority can hold an election fora new chairperson. If the vice chairperson resigns or is otherwise no longer on the Authority, the Authority will elect a new vice chairperson at the next possible Authority meeting. F.TEMPORARY COMMITTEES 1.The Authority shall create by a majority vote such standing committeesand 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 Authority to the endorsement of any plan or program or render any binding decision upon the Authority without the express approval of the Authority. G.AMENDMENT OR SUSPENSION OF RULES 1.Any of the foregoing rules may be temporarily suspended by amajority vote of the Authority members present. 2.The "Rules of Procedure" may be amended at any regular meeting by a supermajority vote. H.RULES OF ORDER In all points not covered by these rules, the Authority shall be governed in its procedures by st Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21Century. PacketPageNumber169of213 Agenda Item I3b MEMORANDUM TO: James Antonen, City Manager FROM:Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Election of Officers SUBJECT: DATE: June 4, 2010 INTRODUCTION The ordinance establishing the Maplewood Area Economic Development Authority (Authority) requires a chairperson and vice-chairperson be elected on an annual basis. DISCUSSION Commission Handbook The states officers should be elected at the first regular meeting in December. However, the Authority is a newly formed body and will be meeting for the first time on June 14, 2010. Staff is recommending the Authorityelect a chairperson and vice-chairperson to serve for the rest of 2010. In December, nominations will again be taken for officers to serve through 2011. The handbook has a section whichdeals with the role of the chairperson and vice chairperson. Below is the excerpt from the handbook: Role of the Chairperson and Vice Chairperson Commissions generally appoint the chair and vice chair at set times of the year. Although the appointment is usually for a year, the chair and vice chair serve at the pleasure of the commission. The willingness and ability of an individual to serve as the chair or vice chair should be taken into consideration. Commissions should try to give all commissioners an opportunity to serve as chair. The responsibility of service as chair or vice chair does take extra time. Responsibilities of the Chair: Preside at all official meetings of the board, commission, or committee. Consult with the staff liaison in drafting the meeting agenda. Attend City Council meetings, in person or through another commissioner as designee, as needed to represent the commission, board, or committee with the approval of the commission, board, or committee. Sign correspondence from the commission with the approval of the City Council. The effective chairperson also, during meetings: Solicits opinions and positions from reticent commission members. Protects new thoughtsfrom being rejected prior to fair evaluation. Discourages blame-orientated statements. Keeps the discussion focused on the issue. Builds trust by even handedness and fairness to all the participants. Responsibilities of the Vice Chair: Substitute for theChair as needed. PacketPageNumber170of213 The section is silent on the procedure for election of the chairperson and vice chairperson. Authoritymembers should voice nominations for chair and vice chair, and the body willthen vote for the positions. If only one nomination emerges for each position, a motion can be made to formally appoint that person to the post. If there is more thanone nomination, the Authority should vote publicly to decide which candidate will be appointed. RECOMMENDATION Consider nominations and elect a chairperson and vice chairperson for 2010. PacketPageNumber171of213 Agenda Item I3c MEMORANDUM TO: James Antonen, City Manager FROM:Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Business and Economic Development CommissionUpdate SUBJECT: DATE: June 8, 2010 INTRODUCTION The business and economic development commission (BEDC) began its monthly meetings in March. Below is a recap of each of the BEDC’s four meetings to date. Mark Jenkins, BEDC chairperson, will be in attendance at the June 14, 2010 Maplewood AreaEconomic Development Authority’s meeting to represent the BEDC and answer any questions. DISCUSSION The BEDC has met four times, starting with its inaugural meeting in March. Below are brief recaps of each of those meetings. Staff and Mr. Jenkins will be present on June 14, 2010 if there are any questions regarding BEDC. March 1, 2010 This inaugural meeting was largely introductory and afforded BEDC member an opportunity to introduce themselves and get to know one another. Councilmember James LlanasandCity Manager James Antonen officially welcomed BEDC members and thanked them for volunteering their time. Staff provided background information on the formation of the BEDC and economic development as a priority in the city. Staff presented information on conducting a business retention tour and a baseline survey. The BEDC elected to wait on these items until a mission and vision statement could be adopted. The BEDC was also given copies of the recently adopted sign ordinance amendments. April 5, 2010 Alan Kantrud, city attorney, walked the BEDC through the member orientation and Maplewood Commission Handbook. The BEDC reviewed and recommended approval of its rules of procedures and then elected officers. Mark Jenkins serves as chairperson and David Hesley serves as vice-chairperson. The BEDC finalized language on its mission and vision statements and adopted each. The BEDC also reviewed a staff-authored article for the Maplewood Monthly May edition. The BEDC began its review oftemporary banner and window signage, as directed by the city council. The BEDC elected to table this item until its next meeting. May 3, 2010 Michael Thompson, city engineer, updated the BEDC and answered questions regarding several of the city’s public works projects. The Ramsey County improvements along County Road D and White Bear Avenue, along with interchange improvements on Highway 36, were focused on. The BEDC continued its review of the temporary banner and window signage code language. After much deliberation the BEDC made a motion and decided to take no action on PacketPageNumber172of213 any proposed amendments to this portion of the sign ordinance. Staff has tentatively scheduled to bring these items to the city council on June 28, 2010. The BEDC took time to recognize several businesses and projects that had been featured in various publications. The BEDC also agreed to move its July meeting to July 7, 2010. June 7, 2010 Charles Ahl, assistant city manager, presented the city’s Capital Improvement Plan to the BEDC and answered questions. Mr. Ahl also presented the concept plan for the Fish Creek Estates and discussed various issues related to this effort. The BEDC continued its work on fine tuning details and logistics for the business retention tour and business baseline survey. Staff will be coordinating both efforts with large contributions from the BEDC. RECOMMENDATION Review this memo in advance of the Maplewood Area Economic Development Authority’s June 14, 2010 meeting. PacketPageNumber173of213 driving. not PacketPageNumber174of213 AN ORDINANCE PROHIBITING THE RIDING UPON THE EXTERNAL PORTION OF VEHICLES; CLINGING TO MOVING VEHICLES; AND UNLAWFULLY EXTENDING BODY PARTS BEYOND THE INTERIOR LIMITS OF MOVING VEHICLES WHEREAS, The City of Maplewood is aware and concerned about unsafe operation of motor vehicles, specifically, the riding upon moving vehicles, allowing passengers to extend body parts outside of the interior of them or hang onto them to from the outside while in motion and, WHEREAS, The City Council believes it is in the best interest of the Public and the citizens of Maplewood that the conduct described above be prohibited and, WHEREAS, the State of Minnesota has not prohibited the conduct described above and WHEREAS, the City may prohibit the conduct described above by Ordinance pursuant to its authority. NOW, Therefore it here by ordained that: The Maplewood City Code be expanded to include § 36-40 which shall read: Sec. 36-40 Certain acts prohibited. No person shall ride upon the external portion of any motor vehicle while in operation, alight from or board any motor vehicle while in operation, extend any portion of the body from the interiorof the vehicle, nor intend any portion of the body intothe interior thereof while in operation. A driver may signal by hand as authorized by law and this section is not applicable to emergency vehicle drivers. PacketPageNumber175of213 Agenda Item I5 AGENDA REPORT TO : James Antonen, City Manager FROM: DuWayne Konekwo, Director of Community Development/Parks Charles Ahl, Assistant City Manager SUBJECT: Fish Creek Area: Consider Approval to Proceed with Property Negotiations DATE: June 9, 2010 INTRODUCTION The former CoPar property has recently been placed on the market for sale at a price of $2,750,000. st This item was placed on the March 1 agenda for discussion of a concept for acquisition of the property in order to protect the pristine portions of the site. The protection of this site was a priority goal of the City Council at the February 5, 2010 retreat, although discussions at that time were focused along the lines of a referendum approach. The Council indicated an interest in exploring various options. th On April 26, City staff presented concepts for recovery of costs that included the possibility of developing 9 – 15 single family lots with the purpose of that development to provide time for a possible referendum or grant approval to purchase the remaining 45 – 60 acres of the property. The th City Council, on April 26, directed the staff to further refine that concept and report back on more specific information related to that plan. SUMMARY The original concept is as follows: #1 - Concept for sale of a small portion of Fish Creek to buy time for consideration: 1. City holds Public Hearing on Infrastructure Improvements for Phase 1, which includes development of 9-15 lots. a. Cost of infrastructure is $500,000 - $750,000. b. Additional, consideration should be given to include a $700,000 extension of Sanitary Sewer for future connections east of I-494. 2. Various City Commissions identify 20 acres of permanent Open Space for protection on the Fish Creek site. These 20 acres are the most crucial for protection of this site. a. Estimated value of $500,000 - $800,000. 3. City sells non-taxable bonds of up to $2,250,000 a. Infrastructure = $ 750,000 b. Sewer = $ 700,000 [to be repaid with future connect charge] c. Open Space = $ 800,000 [allowed under 429 as park land] 4. City adds sale of taxable bond by EDA of $1,950,000. a. TOTAL Bonding: i. Non-taxable Infrastructure Bonds - $2,250,000 ii. Taxable Bonds - $1,950,000 iii. Maximum Bond Issuance - $4,200,000 5. EDA purchases the entire 73-acre former CoPar site for up to $2,750,000 in fall 2010 by using $1,950,000 taxable bond plus $800,000 non-taxable open space bond. 6. EDA dedicates 20 acres of 73 acres site to City as permanent Open Space. PacketPageNumber176of213 FISH CREEK PURCHASE CONSIDERATION PAGE TWO The Financial Recovery Plan involved assessments for infrastructure costs to the proposed lots. Attached is a proposed plan for the first 11 lots. The preliminary estimate of project costs also indicates that the original concept for costs was reasonably close and in the current market, is likely adequate. A number of unknown issues remain: 1. Availability of the property acquisition. Staff has remained in discussions with the land owners but has not begun formal negotiations for the acquisition. While this item is included in the Capital Improvement Plan for 2011 – 2013, the necessary acquisition is likely needed in 2010. Staff does not believe that the property will remain available into 2011, so a decision on the purchase should be made soon. 2. Bonding for the project. Staff has held preliminary discussions with bond advisors, however a detailed payment plan should be developed. The taxable level and the use of the EDA as a conduit for this sale is still a question because the concern for the bonding purpose could be considered as primary purpose for open space protection rather than economic development. 3. Public comment. Staff has received input from interested parties on concerns with the sewer extension to the east side of 494, as well as concerns about the level of risk for City involvement in this process. A public hearing has not been held on this concept. The level of public comment has been fairly supportive as a number of interested groups are working on the protection of this property and see this concept as a method to gain time for consideration. Before any major work begins on infrastructure planning or acquisition of the property, a public hearing should be scheduled. 4. Demand for the developed lots. Staff has not formally engaged with any builders or developers into either sharing in the development costs or interest in purchasing the lots. Preliminary discussions indicate an interest in the lots from some builders but a more formal arrangement would reduce the level of risk for City involvement. This should be conducted to determine the likelihood of sale of the property according to the City’s cost recovery plan which calls for sale of 3 lots in 2011, and an additional 6 lots in 2012. 5. Open Space Purchase partners. Staff continues to discuss a 50-50 match for the purchase of the 20 acres of Open Space property on the 73 acres. Until a formal purchase negotiation process is started, it is difficult to receive commitments for matching funds from other agencies. Staff has also held off from establishing the actual delineation of the 20 acres of open space on the 73 acres until the Council makes a formal determination to proceed with acquisition discussions. PacketPageNumber177of213 FISH CREEK PURCHASE CONSIDERATION PAGE THREE The following concepts still remain on the table for consideration, if the Council does not wish to take the next step as recommended by staff with Option #1: #2: Concept for purchase of a portion of the Site: 1. Under this concept, the City would attempt to partner with outside agencies, likely Ramsey County and Ramsey Washington Metro Watershed District to raise funds to purchase the most valuable 20 acres of the site and allow the remainder of the property to go to development. 2. This concept has a much lower outlay of funds, probably in the $500,000 to $800,000 range. It is likely that 50% of the cost could be raised from outside agencies. The remainder would need to be raised from PAC fees, as no bonding scenario would be allowed. A re-prioritization of PAC fees would be necessary as the planned expenditure of $250,000 - $400,000 of existing PAC has not been planned for 2011 – 2015. 3. This concept has a minimal risk to future City expenses and minimal involvement of City staff time. The remainder parcel is available for development according to existing standards that are in place with zoning and land use controls. 4. It is not known if the land owner would sell only the 20 acres deemed most desirable by the various City Commissions and at what value. #3: Concept to do nothing and let the parcel go to development: 1. Under this concept, the City would walk away from any purchase, bonding and protection. Obviously there is no outlay of funds or efforts on behalf of the City. The property would be developed in the coming years and protection would remain with a developer. Consideration of protection of the 20 critical acres would remain with attempts to use the zoning and land use protection measures within City code. 2. This concept does not pursue the goals of the recent task force recommendations. Next Steps As noted above, the next step is for the Council is to authorize staff to enter into negotiations for the purchase of the property. At some point, the Council should direct staff to initiate the various tasks with existing planning staff, along with discussions with our bonding/financial consultant and bond counsel. The Community Development Department will be taking the lead on the project. Most of the options have had limited or no public involvement or discussion. Direction from the Council to proceed with the property purchase as well as bonding counsel and public involvement in this process. RECOMMENDATION It is recommended that the City Council direct the City Manager to begin negotiations for acquisition of the Fish Creek parcels. Upon information being received on the availability and likelihood of the property, the Council should give direction on proceeding with Option #1. Attachments: 1. Map showing property development concept 2. Cost estimate on Phase I Improvements PacketPageNumber178of213 Attachment 1 PacketPageNumber179of213 Attachment 2 PacketPageNumber180of213 PacketPageNumber181of213 THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber182of213 Agenda Item J1 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Rezoning of the Undeveloped Mogren Property southwest of White SUBJECT: Bear Avenue and County Road C from F (farm residential) to BC (business commercial) LOCATION: South of County Road C, west of White Bear Avenue VOTE REQUIRED: Simple Majority Required for Approval DATE: June 4, 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 westerly half of the undeveloped property located southwest of the intersection of White Bear Avenue and County Road C between the Regal Car Wash and the former Super America Fuel Station. The reason for this rezoning is to bring the zoning of this property into conformance with the C (commercial) comprehensive land use plan designation specified in the city’s updated comprehensive land use plan. This property has two zonings, one of which is not consistent with the land use plan. These zonings are F (farm residential) and BC (business commercial). The F zoning of the west half of the property must be changed to BC to be consistent with the comprehensive land use plan. The easterly half of the site is currently zoned BC (business commercial) which is equivalent to the C (commercial) land use designation. Therefore, only the F zoning must be changed to the BC zoning. Please refer to the attached maps. Request Rezone the above property from F to BC. 1 PacketPageNumber183of213 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. Commission Action On May 18, 2010, the planning commission reviewed this rezoning request. They tabled action until June 1, 2010 in order for the property owner to attend and for the city attorney to address this matter. The city attorney commented on the following: 1. Whether he would support rezoning the F zoned portion of the property to LBC (limited business commercial) a more restrictive commercial zoning. The site would remain to have split zonings—LBC and BC, under this scenario. 2. Whether he would support rezoning the entire lot from F and BC to LBC. Mr. Kantrud’s Comments Mr. Kantrud does not recommend that the city allow properties to have split zonings. This could conflict with the land use plan, depending on the zoning mix, and make development confusing and encumbered. The most restrictive zoning, LBC, would essentially become the controlling zoning in that scenario. It is a bad practice and would not serve the goal, if this was the intent, of creating a buffer or transitional zoning for the land to the west and northwest. The development guidelines in the zoning ordinance already require buffers by means of screening and setback requirements. LBC and BC zoning would both fit the commercial land use plan designation but would make any future development difficult since there would be an arbitrary zoning line, not a property line, making it difficult to layout possibly conflicting commercial uses on the same property. Mr. Kantrud, furthermore, did not support rezoning the entire lot to LBC. He does not see the benefit in this. This lot is surrounded by properties zoned and developed with typical commercial uses that meet the BC zoning. One must ask, “who would the buffer serve?” There is one abutting neighbor. The rest of the abutting property to the west is Ramsey County open space. The nearest non-abutting neighbor is over 500 feet away. The proper application of the city’s development controls would be to apply the setback and buffer requirements already addressed by the zoning ordinance. On June 1, 2010, the planning commission recommended approval to rezone the subject property from F to BC. 2 PacketPageNumber184of213 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 Business Commercial? During the city council’s review of the 2030 Comprehensive Plan update, staff reviewed the zoning map looking for inconsistencies with the comprehensive plan and this site was identified. The 2030 Comprehensive Plan guides this entire site as commercial and the zoning for the entire parcel needs to match this designation. Property Tax Impact Property owners 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 Initially, the planning commission was split on whether this property should be rezoned to BC or to the more restrictive zoning of LBC. After further consideration of this rezoning request on June 1, they moved to accept the staff recommendation to rezone the F zoned portion of the site to BC. State statute requires that the city revise the zoning map to commercial to match the adopted commercial classification on the comprehensive plan. Therefore, staff is recommending the city council revise the zoning map to BC for consistency with the land use plan and with the surrounding commercial zoning. RECOMMENDATION Approve the rezoning of the westerly half of the undeveloped property located southwest of the intersection of White Bear Avenue and County Road C between the Regal Car Wash and the former Super America Fuel Station, from F (farm residential) to BC (business commercial). 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. 3 PacketPageNumber185of213 REFERENCE SITE DESCRIPTION Site Size: 3.76 acres Existing Use: Vacant Land SURROUNDING LAND USES North: Single dwellings, the Regal Car Wash and County Road C South: Mapleridge Auto Center East: Businesses fronting White Bear Avenue West: Single dwellings and Ramsey County Open Space Land PLANNING Land Use Plan Designation: C Zoning: Current: F and BC; Proposed: BC p:Compplan\zoning follow-up to 2030 Plan\rezoning to BC County Road C PC 6 10 #3 CC te Attachments: 1. Land Use Map 2. Zoning Map 3. Property Line Map 4. Rezoning Resolution 4 PacketPageNumber186of213 Attachment1 PacketPageNumber187of213 Attachment2 PacketPageNumber188of213 Attachment3 PacketPageNumber189of213 Attachment 4 REZONING RESOLUTION WHEREAS , the City of Maplewood city staff proposed a change to the city's zoning map from F (farm residential) to BC (business commercial); WHEREAS , this zoning map change applies to the westerly half of the undeveloped property located southwest of the intersection of White Bear Avenue and County Road C between the Regal Car Wash and the former Super America Fuel Station. The property identification number identifying the affected property is: PIN 11-29-22-22-0041 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 Commercial. 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 May 18, 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 ________ 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. PacketPageNumber190of213 Agenda Item J2 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Rezoning of the Vacant Property South of Lower Afton Road and SUBJECT: west of the Fire Station 4from F (farm residential) to R3 (multi-family residential) LOCATION: South of Lower Afton Road VOTE REQUIRED:Simple Majority Required for Approval DATE: June 4, 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 undeveloped property located on the south side of Lower Afton Road, north of Connemara Condominiums. The reason for this rezoning is to bring the zoning of this property into conformance with the MDR (Medium Density Residential) comprehensive land use plan designation specified in the city’s comprehensive land use plan. This property is currently zoned F (farm residence district). The F zoning must be changed to R3 (multiple dwelling residential) to be consistent with the medium density residential comprehensive land use plan designation. The R3 zoning classification is equivalent to MDR land use plan designation. Please refer to the attached maps. This request is not associated with any proposed development. While the land is vacant, staff has had no recent discussions with anybody regarding potential development of this site. This rezoning request is solely based onthe city’sefforts to ensure all zoning matches the comprehensive plan, as required by state statute. Request Rezone the above property from F to R3. BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 Comprehensive Plan. PacketPageNumber191of213 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, staff reviewed the zoning map looking for inconsistencies with the comprehensive plan and this site was identified. The 2030 Comprehensive Plan guides this entire site as MDR and the zoning needs to match this designation. The undeveloped area has been guided as medium density or its equivalent by the comprehensive plan for many years prior to the recent update. This rezoning is a result of the efforts by staff and the planning commission to ensure zoning matches the comprehensive plan throughout the city. This request is not associated with any development proposals. Property Tax Impact Property owners 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 thecurrent 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 R3to match the adopted MDR classification on the comprehensive plan. Therefore, staff is recommending the city council revise the zoning map accordingly. COMMISSIONACTIONS May 18, 2010: The planning commission recommended approval of this rezoning. RECOMMENDATION Approvethe rezoning of the undeveloped property located on the south side of Lower Afton Road, north of Connemara Condominiums, from F (farm residential) 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. PacketPageNumber192of213 REFERENCE SITE DESCRIPTION Site Size:13.44acres(two parcels) Existing Uses: Vacant Land SURROUNDING LAND USES North:Ramsey County Park Land South:Connemara Condominiums East:Maplewood Fire Department Station 4 West:Single dwellings and City of Maplewood property PLANNING Land Use Plan Designation: Medium Density Residential Zoning: Current: F; Proposed: R3 p:Compplan\zoning follow-up to 2030 Plan\rezoning to R3Afton Road_CC_061410 Attachments: 1.Land Use Map 2.Zoning Map 3.Property Line Map 4.May 18, 2010 planning commission minutes 5.Rezoning Resolution PacketPageNumber193of213 Attachment1 PacketPageNumber194of213 Attachment2 PacketPageNumber195of213 Attachment3 PacketPageNumber196of213 Attachment 4 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 18, 2010 VI.PUBLIC HEARINGS b)Rezoning of the Vacant Property South of Lower Afton Road and west of the fire station from F (farm residential) to R3 (multi-family residential) Planner Ekstrand presented the staff report for this request to rezone the undeveloped property located on the south side of Lower Afton Road, north of Connemara Condominiums from farm residential to multi-family residential. Mr. Ekstrand explained the reason for this rezoning is to bring the zoning of this property into conformance with the medium density residential comprehensive land use plan designation. Commissioner Martin said he lives in this neighborhood and received the public hearing notice on this item, so he plans to abstain from voting on this item. The public hearing was opened to the public. Ms. Hutton objected to Commissioner Martin’s plan to abstain from voting on this item. Phil Barrett asked if there is another classification dealing with green space and woods. Planner Ekstrand responded that there is no environmental classification, but there are environmental ordinances that deal with trees and wetlands regardless of the land use designation or zoning. Mr. Barrett asked if it could be acknowledged that this is a wetland. Planner Ekstrand explained how the comprehensive plan designates land use and state statute mandates that the zoning must match the land use. A commissioner suggested that Mr. Barrett contact a city council member to discuss this issue and see if the council would consider this issue. Lou Cebeck of Connemara II asked if this is developmental driven or is a rezoning issue. Planner Ekstrand responded this is a rezoning issue and no development proposal has been received. Mr. Cebeck suggested a R1 or R2 zoning. Ms. Kaiser of Connemara II doesn’t think more multiple dwellings can be supported due to traffic issues and asked if traffic studies have been done. Planner Ekstrand said there isno development proposed, so no traffic study would have been done at this time. PacketPageNumber197of213 Attachment 4 A man spoke who did not give his name said that the roads in this area cannot support additional development and this is a wildlife area. Chris Little, a part-owner of this property, said that they have done wetland studies and out of the 15-acre parcel, approximately four acres is developable and the balance will remain wetland when developed. There were no further comments; the public hearing was closed. Commissioner Bierbaum moved to approve the rezoning of the undeveloped property located on the south side of Lower Afton Road, north of Connemara Condominiums from F (farm residential) 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. Commissioner Desai seconded Ayes – Bierbaum, Boeser, Desai, Fischer, Nuss, Pearson, Trippler, Yarwood Abstention – Martin The motion passed. PacketPageNumber198of213 Attachment 5 REZONING RESOLUTION WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from F (farm residential) to R3 (multiple dwelling residential); WHEREAS , this zoning map change applies to the undeveloped property located on the south side of Lower Afton Road, north of Connemara Condominiums. The property identification numbers identifying the affected property are: PIN 12-28-22-21-0004 and PIN 12-28-22-21-0002 WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that classified the land use plan for the above referenced properties to MDR. 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.OnMay 18, 2010, theplanning commission held a public hearingto 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 June 14, 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 ________the above- described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, requiring the city to bringthe zoning of this property into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council approved this resolution on ______, 2010. PacketPageNumber199of213 Agenda Item J3 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director SUBJECT: Rice/36 Interchange Improvements, Project 09-07 a. Approval of Traffic Signal Maintenance Agreement with Ramsey County b. Approval of Cooperative Agreement (PW 2010-15) with Ramsey County c. Approval of No Parking Resolution DATE: June 3, 2010 INTRODUCTION The council should consider approval of the traffic signal maintenance agreement and a cooperative agreement with Ramsey County for the interchange improvement project. The council will also consider adopting a resolution restricting parking on the east side of Rice Street from Larpenteur to County Road B (no parking condition already exists but this will formalize the action). DISCUSSION One traffic control signal within Maplewood is being modified as part of the project, located at County B and Rice Street. The agreement is for the maintenance of the traffic control signal system which includes street lights, signs, and emergency vehicle pre-emption. The attached maintenance agreement defines the obligations of both the City and of the County, similar to past practices. Also a cooperative agreement must be entered into between Ramsey County which also includes financing components from the cities of Roseville and Little Canada as shown in the attachment. Maplewood’s share is listed as $120,100. The total construction cost is estimated at $20.5 million. The County also requires the passage of a No Parking resolution to formalize the existing No Parking conditions that exist today. Similar to other County projects this is standard practice within the area of improvements. BUDGET No budget adjustments are expected at this time. Maplewood’s overall share of $120,100 may be reduced based on the results of the bid opening on June 21. Special assessments are anticipated to fully cover the City’s share. RECOMMENDATION It is recommended that the council approve the attached traffic signal maintenance agreement (PW 2010-09) and the attached cooperative agreement (PW 2010-15), for City Project 09-07, and direct the Mayor and City Manager to sign the agreements signifying council approval. Minor modifications as approved by the city attorney are authorized as needed for both agreements. It is further recommended that the council approve the No Parking Resolution restricting parking on Rice Street from Larpenteur to County Rd B. Attachments: 1. Maintenance Agreement PW2010 –09 2. Cooperative Agreement PW2010 –15 3. No Parking Resolution 4. Location Map PacketPageNumber200of213 Agenda Item J3 Attachment1 AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM AGREEMENT NO. PW 2010-09 THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of Public Works, hereinafter referred to as the “County," the City of Little Canada herein after referred to as " Little Canada," the City of Roseville herein after referred to as "Roseville" and the City of Maplewood herein after referred to as "Maplewood" for the maintenance of a traffic control signal system with street lights, signs, interconnect and emergency vehicle pre-emption at the intersection of Rice Street (CSAH 49) and County Road B; WITNESSETH: WHEREAS, Ramsey County, Little Canada, Roseville and Maplewood have determined that there is justification and it is in the public’s best interest to construct a traffic control signal with street lights at the intersection of Rice Street and County Road B; and WHEREAS, the Little Canada, Roseville and Maplewood requests and Ramsey County agrees to provide an Emergency Vehicle Pre-emption System, herein referred to as the “EVP System” as a part of said traffic control signals with street lights in accordance with the terms and conditions herein set forth; and WHEREAS, Ramsey County will be responsible for construction of the traffic control signals with street lights, signs, and emergency vehicle pre-emption at its cost and expense, and WHEREAS, the County, Little Canada, Roseville and Maplewood will participate in the maintenance and operation of said traffic control signals with street lights, signs, interconnect and EVP system as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1.Upon execution and approval by the County, Little Canada and Roseville this agreement shall supercede and terminate Agreement No. 2003-24 dated June 28, 2005 between the County, Roseville, Little Canada and Maplewood. 2.Necessary electrical power for the operation of the signal system shall be at the cost and expense of the County. 3.In accordance with the Policy for Lighting County Roadways, County Board Resolution 78- 1394, Roseville shall maintain and pay energy costs of the two street lights on the west side of the intersection, Little Canada shall maintain and pay energy costs of the street light on the northeast quadrant and Maplewood shall maintain and pay energy costs of the street light on southeast quadrant of the intersection. 4. The County shall maintain and keep in repair all signs associated with the traffic signal at its cost and expense. Agr PW2010-09 Page 1 PacketPageNumber201of213 of 5 Agenda Item J3 Attachment1 5. The County shall maintain and keep in repair the interconnect and overhead mast arm mounted signs at its cost and expense. 6. The County shall maintain and keep in repair the traffic control signal including relamping, cleaning and painting at its cost and expense. 7.The County shall maintain and keep in repair the geometrics on County owned roadways at its cost and expense. 8.The EVP system shall be operated, maintained, revised or removed in accordance with the following conditions and requirements: a)All modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the County’s Traffic Engineer, may be done by others all at the cost and expense of the respective party (Little Canada or Roseville or Maplewood). b)Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. c)The Cities shall maintain and require others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. d)All maintenance of the EVP System shall be performed by the County. Little Canada, Roseville and Maplewood shall be responsible for actual cost thereof. The County shall submit an invoice to the Roseville annually, listing all labor, equipment, materials and overhead used to maintain the EVP System and Roseville shall invoice both Little Canada and Maplewood for 25% percent of the cost. Labor cost and overhead and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs will be invoiced at the actual cost thereof to the County. Roseville shall promptly pay the County the full amount due, and Little Canada and Maplewood shall promptly pay Roseville the said amount due. e)In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the appropriate party. The detector receiver and any other assembly located in the control signal cabinet, which if removed will not affect the traffic control signal operation, will be returned to the appropriate party. f)All timing of said EVP System shall be determined by the County, through its Traffic Engineer. Agr PW2010-09 Page 2 PacketPageNumber202of213 of 5 Agenda Item J3 Attachment1 g)Except for the negligent acts of the County, its agents, and employees, Little Canada and Roseville shall indemnify, defend, and hold the County harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which the County, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of the use or operation of the EVP. Nothing in this Agreement shall constitute a waiver by Little Canada, Roseville or the County of any statutory or common law immunities, limits, or exceptions on liability. 1.Any and all persons engaged in the maintenance work to performed by the County shall not be considered employees of the Little Canada, Roseville or Maplewood, and any and all claims that may arise under the Worker’s Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of Little Canada, Roseville or Maplewood. 2.Little Canada, Roseville, Maplewood and the County shall indemnify, defend and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or employees, in the execution, performance, or failure to adequately perform the indemnifying party’s obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County, Little Canada, Roseville or Maplewood of any statutory or common law immunities, limits, or exceptions on liability. 3. NOTICES All notices or demands given or required to be given hereunder shall be in writing and shall be sent by certified or registered mail, return receipt requested, postage prepaid, addressed to the intended recipient's address or addresses below set forth or at such other address or addresses as the intended recipient may have theretofore specified in a written notice to sender given in accordance with the requirements of this paragraph. Any such notice so given shall be deemed given on the day of deposit in the United States mail, and if sent as aforesaid shall be effective whether or not received by the addressee. For Little Canada: For County: Public Works Superintendant Director of Public Works and County Engineer City of Little Canada Ramsey County 515 Little Canada Road E. Department of Public Works Little Canada, MN 55117 1425 Paul Kirkwold Dr. Arden Hills, MN 55112 For Roseville : For Maplewood: Director of Public Works Public Works Director City of Roseville City of Maplewood 2660 Civic Center Drive 1830E County Road B Roseville, MN 55113 Maplewood, MN 55109 Agr PW2010-09 Page 3 PacketPageNumber203of213 of 5 Agenda Item J3 Attachment1 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures. CITY OF LITTLE CANADA, MINNESOTA In presence of By: _________________________________ __________________________________ Its: _________________________________ _________________________________ By:__________________________________ Its: ________________________________ Date: _______________________________ CITY OF ROSEVILLE, MINNESOTA In presence of By: _________________________________ __________________________________ Its: _________________________________ _________________________________ By:__________________________________ Its: ________________________________ Date: _______________________________ CITY OF MAPLEWOOD, MINNESOTA In presence of By: _________________________________ __________________________________ Its: _________________________________ _________________________________ By:__________________________________ Its: ________________________________ Date: _______________________________ Agr PW2010-09 Page 4 PacketPageNumber204of213 of 5 Agenda Item J3 Attachment1 COUNTY OF RAMSEY WHEREFORE, this Agreement is duly executed on the last date written below. Victoria Reinhardt, Chair Ramsey County Board of Commissioners ____________________________________ Bonnie Jackelen, Chief Clerk Ramsey County Board of Commissioners Date: _______________________________ Approval recommended: Kenneth G. Haider, P.E., Director Public Works Department and County Engineer Approved as to form and insurance: Assistant County Attorney Agr PW2010-09 Page 5 PacketPageNumber205of213 of 5 Agenda Item J3 Attachment2 Agreement PW2010.15 May13, 2010 RAMSEY COUNTY COOPERATIVE AGREEMENT WITH THE CITY OF MAPLEWOOD Agreement between Ramsey County Account P3200 the County of Ramsey SP 62-649-27 CTB and the City of Maplewood SP6212-165 (TH 36 +118) SP 160-223-05, SP 160-020-21, SP 138-020-39 SP 200-113-03, SP 200-108-03 Federal Project No. STPX 6210 (244) Reconstruction of TH36/Rice Interchange and Rice Street (CSAH 49) from County Road B to County Road B-2 Attachments: Exhibit A – Estimated Municipal Cost Participation Summary THIS AGREEMENT, by and between the City of Maplewood, Minnesota, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County"; WITNESSETH: WHEREAS, the County and the City desire to reconstruct the Trunk Highway 36/Rice Street (CSAH 49) interchange and Rice Street from County Road B to County Road B-2; and WHEREAS, the project is a cooperative effort of Ramsey County, the Minnesota Department of Transportation (MnDOT), and the Cities of Roseville, Little Canada, and Maplewood; and WHEREAS, this project, has been designated as State Project Numbers: SP 6212-165 (T.H. 36=118), SP 62-649-27 CTB, SP 138-020-39, SP 160-020-21, SP 160-223-05, SP 200- 108-03,SP 200-113-03, Federal Project No. STPX 621(244); and WHEREAS, the project is located within the Cities of Roseville, Little Canada, and Maplewood; and PW2010-15-1 PacketPageNumber206of213 Agenda Item J3 Attachment2 WHEREAS, a Project Memorandum, Construction Plan, and Right of Way Plan has been presented to the City showing, among other things, proposed bridge designs, roadway alignments and profiles, grades and cross sections, concrete curb and gutter, signing and striping, signals, lighting, walls, storm sewer and water treatment features, sidewalks, turf establishment, utility adjustments and betterments, property impacts, and costs for the improvements included in the project; and WHEREAS, the overall project construction cost is estimated at $20,446, 933.61 and project elements are eligible for a combination of different funding sources including Federal STP, Metro Interchange, State Bridge Replacement, County State Aid Highway (CSAH) Turnback, State General Obligation Bonds (DEED grant), Municipal State Aid, and local funds; and WHEREAS, a preliminary estimate of project costs for the Cities of Roseville, Little Canada, and Maplewood has been prepared and attached as Exhibit A to this agreement “Estimated Municipal Cost Participation Summary”; and WHEREAS, the Minnesota Department of Transportation has determined the storm sewer is 100% eligible for County State Aid Highway funds; and WHEREAS, State and Federal funding sources will be applied, subject to availability, to the greatest extent permitted by eligibility requirements to reduce CSAH Turnback, MSA, and local cost shares; and WHEREAS, proposed improvements included in the project require acquisition of certain property rights in the form of fee ownership, permanent easement and temporary construction/slope easements prior to construction. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1.The County shall prepare the necessary plans, specifications and proposals. Cost of project revisions after completion of plans and specifications will be paid for by the party requesting the revisions or as defined by supplemental agreement. Revisions must be consistent with State Aid, Trunk Highway, and Federal Aid requirements, as applicable, and are subject to County approval. 2.The County shall take bids and award a contract for construction of the project. A bid abstract will be provided to the City for review and concurrence to the award recommendation. Award will also require MnDOT concurrence as provided for by separate agreement between MnDOT and Ramsey County. 3.The County shall administer and bear the costs for all acquisition of all rights of way and easements required for the construction of the project in accordance with State Aid requirements and all applicable Federal and State Statutes. In the event the City requests work not included within the original plans, the City may be responsible for additional construction costs and additional rights of way required. PW2010-15-2 PacketPageNumber207of213 Agenda Item J3 Attachment2 4.All acquired road rights of way and temporary easements will be in the name of the County, and parking and other regulations will be controlled by the County. Any right of way acquisition which cannot be negotiated, will be acquired through eminent domain proceedings by the County, or eliminated through design revisions, as determined most appropriate by the County. 5.The City shall participate, in principle, on the basis of construction costs and shares identified in accordance with the Estimated Municipal Cost Participation Summary, attached as Exhibit A and incorporated herein, except as modified below. It is understood actual construction cost shares will be adjusted to reflect actual unit bid costs, final construction quantities, and application of federal, state, and/or other funds to reduce the City share, subject to eligibility and availability of those sources. 6.Upon completion of the project the County shall own and maintain all storm sewer catch basins, leads and outfalls which are located within County road rights of way and directly serve the paved portion of Highway 49 or intersecting County roadways. The main trunk storm sewer in Highway 49 within the project limits shall be owned and maintained by the City of Roseville. The City of Roseville shall also own and maintain storm sewer catch basins, leads, outfalls, and trunk features serving Minnesota Street west of Rice Street. The City of Little Canada shall own and maintain storm sewer catch basins, leads, outfalls and trunk features serving Minnesota Street and County Road B-2 east of Rice Street. MnDOT shall own and maintain storm sewer pipes, structures and related features within the TH 36 right of way. The City of Maplewood does not have any cost responsibility for operations/maintenance of storm sewer appurtenances constructed under this project. 7.Stormwater ponds and pretreatment areas will be considered part of the storm sewer system and its respective funding eligibility for the purposes of funding their initial construction. Four basin areas are included under this provision; 1) Marion pretreatment area, 2) William Pond, 3) Albemarie Pond, and 4) Rice Pond. Future nonroutine maintenance responsibilities will be shared between the County, the City of Roseville and MnDOT on the basis of ratios reflecting their respective runoff volume contributions to ponds/treatment areas at the time such maintenance is required. For reference a separate agreement between MnDOT and Ramsey County, MnDOT Agreement 96292, includes similar language and the exact runoff contribution ratios contained herein. The City of Maplewood does not have any cost responsibility for construction or operations/maintenance with respect to ponds and pretreatment areas. 8.Pedestrian lighting facilities are being constructed on MnDOT Bridge No. 62631.Upon completion of the lighting facilities construction, numbered RC1, RC2, RC3, RC4, RC5, RC6, RC7, and RC8, located on Bridge No. 62631, the Cities of Roseville and Little Canada will share equally all responsibilities for maintenance of those facilities including underground locates. Roseville’s and Little Canada’s concurrence to their respective responsibilities are provided for in separate agreements -- Ramsey County Agreement No. PW2010-13 and PW2010-14. Maintenance includes but is not limited to; replacing faulty luminaires and knocked down or otherwise damaged poles; repairing or replacing PW2010-15-3 PacketPageNumber208of213 Agenda Item J3 Attachment2 underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the lighting facilities in working order; cleaning and relamping the luminaires; and painting the lighting facilities. The Cities will each pay one half of all monthly electrical service expenses necessary to operate the lighting facility. The Cities will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole. The City of Maplewood does not have any cost responsibility with respect to lighting facilities on the bridge. 9.The City shall own and maintain sidewalks and colored concrete panels within its municipal boundaries.The City shall share equally with the City of Roseville responsibilities for maintenance of trees, colored concrete panels and related aesthetics in median areas south of TH 36. 10.The City’s responsibilities with respect to Signal and EVP operations and maintenance at the intersections of Rice Street and County Road B are addressed in separate Signal Agreement PW2010-09. 11.Any utilities or facilities modified or added to those provisions presently made in the plans and specifications may be incorporated in the construction contract by supplemental agreement and shall be paid for as specified in the supplemental agreement. Design and construction engineering fees for additions shall be negotiated at the time of supplemental agreement preparation. 12.The City shall reimburse the County for engineering costs incurred on public utility elements of project design and administration, as set forth in Exhibit A, as a preliminary engineering fee. Said fee shall be 12% of item costs for which the City is responsible for, as determined at the time of contract award. 13.The City shall reimburse the County for engineering costs incurred on its share of project construction, as set forth in Exhibit A, as a construction engineering fee. Said fee shall be 12% of item costs for which the City is responsible for, as determined upon completion of the project. 14.Throughout project design and construction, the County shall prepare partial cost and payment estimates for preliminary engineering fees, construction costs, and construction engineering fees and, at appropriate intervals, notify the City of its share of the costs for the City's items of work. City shall pay its share of engineering fees and construction costs within twenty one calendar days of receipt of County invoice. 15.The City shall pay to the County all additional remaining costs for its share of the work upon notification by the County of the final amounts due to the contractor. 16.All payments by the City shall be to the Treasurer of Ramsey County, Minnesota. 17.City and the County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses PW2010-15-4 PacketPageNumber209of213 Agenda Item J3 Attachment2 including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to third parties as a result of the manner in which the City or the County perform or fail to perform duties imposed on each party by the terms of this agreement. Nothing herein will constitute a waiver of limitations of liability available at Minnesota Statute Chapter 466 and other applicable law. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. RAMSEY COUNTYCITY OF MAPLEWOOD ____________________________________ By:_________________________________ Julie Kleinschmidt, County Manager Its__________________________ Date: _______________________________ By:________________________________ Its__________________________ Approval recommended: Kenneth G. Haider, Director Date:_______________________________ Public Works Department Approved as to form and insurance: Assistant County Attorney PW2010-15-5 PacketPageNumber210of213 Agenda Item J3 Attachment2 PacketPageNumber211of213 Agenda Item J3 Attachment3 RESOLUTION NO.________ RESOLUTION OF THE CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA THAT PARKING OF MOTOR VEHICLES IS HEREBY PROHIBITED AT ALL TIMES ON RICE STREET (CSAH 49) FROM LARPENTEUR AVENUE TO COUNTY ROAD B WHEREAS, Ramsey County has submitted to the Commissioner of Transportation the plans and specifications for the reconstruction of the Trunk Highway 36/Rice Street Interchange and related Rice Street Improvements from 680 feet south of County Road B and 555 feet north of County Road B-2, designated as State Project Numbers SP 62-649-27 CTB and SP 6212-165 in the Cities of Maplewood, Roseville, and Little Canada; and WHEREAS, review of conditions, operations and maintenance associated with the proposed construction project indicates that no parking restrictions must be designated along Rice Street within the project limits; and WHEREAS, further evaluation of Rice Street (CSAH 49), from Larpenteur Avenue to the southern limits of the project, and from the northern limits of the project to Demont Avenue, has determined that conditions, operations and maintenance on these additional segments of Rice Street warrant similar no parking restrictions; WHEREAS, municipal concurrence to parking restrictions is required by County Board Resolution No. 85-152; and WHEREAS, the cities of Little Canada and Maplewood have also been asked to concur in the designation of the indicated no parking restrictions along the same portions of Rice Street within their corporate limits; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Maplewood, Ramsey County, Minnesota concurs that parking shall be prohibited within its corporate limits on the east side of Rice Street from Larpenteur Avenue to County Road B. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Clerk this ____day of June, 2010. Attest: ______________________________ Mayor ___________________________ City Clerk (SEAL) PacketPageNumber212of213 Agenda Item J3 Rice Street / TH 36 Interchange Attachment 4 DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (November 2, 2009), The Lawrence Group;November 2, 2009 for County parcel and property records data; November 2009 for PacketPageNumber213of213