Loading...
HomeMy WebLinkAbout2010 09-27 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,September 27,2010 City Hall, Council Chambers Meeting No. 20-10 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE 1.Acknowledgementof Maplewood Residents Serving the Country. C.ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OF AGENDA E.APPROVAL OF MINUTES 1.Approval of September 7, 2010, City Council Workshop Minutes 2.Approval of September 13, 2010, City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Resolution of Appreciation for Steven Gunn, Police Civil Service Commission 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.Approval of 2010 Budget Adjustments 3.Approval of Resolution Certifying Election Judges for the November 2, 2010, State General Election 4.Approval of Temporary Gambling Permit – Church of the Presentation of the Blessed Virgin Mary - Maplewood 5.Approval to Extend Joint Powers Agreement and Appoint Signing Authority Child Sexual Predator Program 6.Approval of Resolution Accepting Donation to the Police Department From Residential Mortgage Group 7. Approval of Resolution Accepting Donation to Volunteers in Police Service From Qwest 8.Approval of Community Center Catering Provider Request for Proposal 9.Approval of Community Center Liquor Provider Request for Proposal 10.Approval of Historical Preservation Society Fee Waiver for Use of the Community Center for Annual Event 11.Upper Afton Road Improvements, Project 07-27, Resolution Approving Final Financing and Closure of Project Fund 589 12.White Bear Avenue/County Road D Improvements, City Project 08-13, Approval of Cost-Share Agreement Amendment with Ramsey County 13.Approval of Sidewalk Improvement (County Road C East of White Bear Avenue), Project 10-08 a.Report on Cost of Work Done by Day Labor b.Resolution Accepting Work and Authorizing Budget Transfer 14.Approval of Community Center Trail Improvement (County Road B to Community Center), Resolution Ordering Transfer of Funds for Purchase of Materials 15.Approval of Conditional Use Permit Review – Midwest Grounds Maintenance Company, 1949 Atlantic Street 16.Approvalof Resolution Accepting Donation for Memorial Tree at Joy Park 17.Approval of Resolution Accepting Donation for Maplewood Nature Center H.PUBLIC HEARINGS 1.White Bear Avenue/County Road D Improvements, Project 08-13 a.New Assessment Hearing 7:00 p.m. b.Resolution Adopting Assessment Roll I.UNFINISHED BUSINESS J.NEW BUSINESS 1.Metro Transit Park and Ride Parking Ramp – Planned Unit Development, 1793 Beam Avenue 2.Review of Recycling Proposals and Direct Staff to Begin Negotiations 3.Resolution of Support for the Submittal ofan Environmental Protection Agency Brownfields Cleanup Grant for the Gladstone Savanna Restoration Project 4.Walser Automotive Used Car Sales – Conditional Use Permit, 2590 Maplewood Drive 5.Rezoning Within the Gladstone Neighborhood, Properties Near the Intersection of Frost Avenue and English Street 6.Consider Approval to Purchase Approximately 2 Acres of Land From Gethsemane Church for Proposed Park K.VISITOR PRESENTATIONS L.AWARD OF 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., Tuesday, September 7, 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 5:17 p.m.by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present C.APPROVAL OF AGENDA CouncilmemberNephew added D2. Citizen Forum update. Councilmember Nephewmoved to approve the agenda as amended. Seconded by CouncilmemberKoppen. Ayes – All The motion passed. D.UNFINISHED BUSINESS 1.DRAFT 2011 Budget Document Review a.Assistant City Manager, Public Works Director, Chuck Ahlgave the presentation and answered questions of the council. b.Finance Manager, Gayle Bauman addressed and answered questions of the council. c. Maplewood Police Chief, Dave Thomalla answered questions of the council. d.Maplewood Fire Chief, Steve Lukin answered questions of the council. e.City Clerk, Citizen Services Director, Karen Guilfoile answered questions of the council. 2.An informational Announcement on the Citizens Forum – Councilmember Nephew Councilmember Nephew stated thatthe Citizens Forum will be held this Saturday, September 11, 2010, at 10:30 a.m. at the Ramsey County Libraryrather than at city hall.The speaker will be Labor Relations Attorney, Chuck Bethel. E.NEW BUSINESS None. September 7, 2010 1 City Council Manager Workshop Minutes Packet Page Number 3 of 192 F. ADJOURNMENT Mayor Rossbachgave an updateregardingCity Manager, James Antonen. The city council wished Mr. Antonen a quick recovery and stated if the public wanted to send any well wishes to Mr. Antonen the staff would make sure to get them to him. Mayor Rossbach adjourned the meeting at 6:14 p.m. September 7, 2010 2 City Council Manager Workshop Minutes Packet Page Number 4 of 192 Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday,September 13, 2010 Council Chambers, City Hall Meeting No.19-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present D. APPROVAL OF AGENDA The following items were added or changed on the agenda by councilmembersand staff: N1.Citizens Forum – Councilmember Nephew N2.Emergency Preparedness Fair – Councilmember Nephew N3.Plastic Water Bottles – Councilmember Juenemann N4. Human Relations Commission Applications – Councilmember Llanas Table J2. Recycling Proposals – Assistant City Manager, Public Works Director, ChuckAhlnoted that staff will be requesting that this item be tabled. CouncilmemberLlanasmoved to approve the agenda as amended. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. E. APPROVAL OF MINUTES 1.Approval of August 23, 2010, City Council Workshop Minutes CouncilmemberJuenemannmoved to approve the August 23, 2010, City Council Workshop Minutes as submitted. Seconded by CouncilmemberKoppen. Ayes – All The motion passed. September 13, 2010 1 City Council MeetingMinutes Packet Page Number 5 of 192 2.Approval of August 23, 2010, City Council Meeting Minutes Councilmember Nephewmoved to approve the August 23, 2010, City Council Meeting Minutes as submitted. Seconded by CouncilmemberKoppen. Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1.Swearing In of Police Officers Amy Nash and James (Ryan) Parker a.Maplewood Police Chief, Dave Thomalla, introduced James (Ryan) Parker and Amy Nash b.City Clerk, Director of Citizen Services, Karen Guilfoile administered the police oath to James (Ryan) Parkerand then to Amy Nash. 2.Recognition of Julie Wasiluk’s Service as Councilmember Mayor Rossbach presented Julie Wasiluk with a gift for her service as councilmember.Ms. Wasiluk thanked the council for thegift and for the opportunity to serve the citizens of Maplewood as councilmember. G. CONSENT AGENDA Councilmember Juenemannmoved to approve consent agenda items 1-9. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 1. Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. ACCOUNTS PAYABLE: $ 1,573,158.96Checks #82045thru #82128 Dated 08/23/10 thru 08/24/10 $ 133,712.79Disbursements via debits to checking account Dated 08/13/10 thru 08/20/10 $ 453,685.28Checks #82129thru #82190 Dated 08/27/10 thru 08/31/10 $ 319,005.97Disbursements via debits to checking account Dated 08/20/10 thru 08/27/10 $ 264,565.90Checks #82191 thru #82235 Dated 08/30/10 thru 09/07/10 $ 205,600.10Disbursements via debits to checking account Dated 08/27/10 thru 09/03/10 September 13, 2010 2 City Council MeetingMinutes Packet Page Number 6 of 192 ________________ $ 2,949,729.00Total Accounts Payable PAYROLL $ 522,451.25Payroll Checks and Direct Deposits dated 08/20/10 $ 2,290.25Payroll Deduction check #1009347thru #1009349 dated 08/20/10 $ 517,774.40Payroll Checks and Direct Deposits dated 09/03/10 $ 2,290.25Payroll Deduction check #1009392thru #1009394 dated 09/03/10 __________________ $ 1,044,806.15Total Payroll GRAND TOTAL $ 3,994,535.15 Seconded by Councilmember Nephew. Ayes – All The motion passed. 2.Approval of County Road D Street Improvements (McKnight to Lydia), City Project 08-20, Resolution Approving Final Payment and Acceptance of Project CouncilmemberJuenemann moved toapprove the resolution for the County Road D Street Improvements (McKnight to Lydia), City Project 08-20, Approving Final Payment and Acceptance of Project. RESOLUTION 10-09-452 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 08-20 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 08-20,the County Road D Street Improvements (McKnight to Lydia),and haslet a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the County Road D Street Improvements, City Project 08-20,iscomplete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1.City Project 08-20is complete and maintenance of these improvements is accepted by the city; and the final construction cost is$854,118.31. Final payment to T.A. Schifsky and Sons, Incorporated, and the release of any retainage or escrow is hereby authorized. th Approved this 13day of September, 2010. Seconded by CouncilmemberNephew. Ayes – All The motion passed. September 13, 2010 3 City Council MeetingMinutes Packet Page Number 7 of 192 3.Approval of Temporary Gambling Permit – North Star Chapter BCCA Councilmember Juenemannmoved toapprove the temporary gambling permit resolution for the North Star Chapter BCCA (Brewery Collectible Club of America at Aldrich Arena, 1850 White Bear Avenue on October 9, 2010. RESOLUTION 10-09-453 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the North Star Chapter BCCA (Brewery Collectible Club of America), 1060 McKnight Road, to be usedon October 10, 2009 at Aldrich Arena, 1850 White Bear Avenue. 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 MaplewoodCity Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 4.Approval of Authorization to Pay Additional Charges to Auditor Councilmember Juenemannmoved toapprove payment of $15,645 to HLB Tautges Redpath, Ltd. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 5.Approval of Closure of Debt Service Funds CouncilmemberJuenemannmoved toapprove transfers listed in the staff report and authorize the finance manager to make the appropriate budget adjustments. Seconded by CouncilmemberNephew. Ayes – All The motion passed. September 13, 2010 4 City Council MeetingMinutes Packet Page Number 8 of 192 6.Approval of Authorization for Special Benefit Appraisal Services for Hills & Dales Area Street Improvements, City Project 09-15, and City Project 10-14 (Western Hills Area Street Improvements) Councilmember Juenemannmoved toapprove and authorize the city engineer to enter into a contract for services with Dalen, Dwyer & Foley, Inc. for special benefit appraisals services for the Hills & Dales Area Street Improvements, City Project 09-15. And also authorize the city engineer to enter into a contract for services with Dalen, Dwyer & Foley, Inc. for special benefit appraisals services for the WesternHills Area Street Improvements, City Project 10-14. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 7.Approval of Fall Clean-Up Event Councilmember Juenemannmoved toapprove the Fall 2010 Clean-Up event October 16, 2010, at Aldrich Arena from 8 a.m. to 1 p.m. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 8.Approval of Ramsey County Recycling Container Grant Agreement Councilmember Juenemannmoved toapprove the Be Active! Be Green! Recycling Container Project Grant Agreement Resolution. Resolution 10-09-454 Approve Be Active! Be Green! Recycling Container Project Grant Agreement WHEREAS, the Ramsey County Board of Commissioners supports efforts to expand opportunities for people to recycle away from homeand wish to respond to the public’s interest in recycling in public spaces; WHEREAS, funding is set aside to be used for the purchase of bins to be used in public spaces including parks and public gathering places, and the County Board has kicked off a three year program called “Be Active! Be Green! Recycling Container Project” beginning in 2010 that will provide recycling containers to municipalities/townships to use in public spaces at no cost to the city/township; WHEREAS, the City of Maplewood supports the efforts to create more opportunities for people to recycle while away from home; THEREFORE, the City of Maplewood agrees to enter into an Agreement with Ramsey County to place recycling bins purchased by the County next to trash bins in locations that are accessible to the public such as in parks, along trails or other areas that are currently serviced by the City. THEREFORE, the City of Maplewood also agrees to service and maintain the recycling bins, insure recyclables are handled appropriately and delivered to a market, and promote the use of the bins through City communication methods over the next five years. th Approved this 13day of September, 2010. September 13, 2010 5 City Council MeetingMinutes Packet Page Number 9 of 192 Seconded by CouncilmemberNephew. Ayes – All The motion passed. 9.Approval of Conditional Use Permit Review – St. John’s Hospital, 1575 Beam Avenue CouncilmemberJuemenannmoved toapprove the CUP for St. John’s Hospital again when HealthEast decides to continue this project or if amajor change is proposed or a problem arises. Seconded by CouncilmemberNephew. Ayes – All The motion passed. H. PUBLIC HEARING None. I.UNFINISHED BUSINESS 1.Rolling Hills of Maplewood Mobile Home Park Conditional Use Permit Discussion – Clarification of the Restroom Requirement a.Community Development and Parks Director, DuWayne Konewko introduced the item and turned the discussion over to the city attorney. b.City Attorney, Alan Kantrud gave the report and answered questionsof the council. c. Assistant City Manager, Public Works Director, Chuck Ahl addressed the council. Paul Ruby, President of the Resident Association of Rolling Hills addressed the council. Councilmember Nephew moved that staff bring the CUP back for language clarification with the intent of reinforcing any of the original conditions of the CUP that might be erroneously thought to have been removed when it was revised. And to call for a public hearing for the clarified CUP. Seconded by Councilmember Koppen. Ayes - All The motion passed. J.NEW BUSINESS 1.Approval of Medical Direction/Education Contract a.Maplewood Fire Chief, Steve Lukin gave the report and answered questions of the council. b.Emergency Medical DirectoratSt. John’s Hospital, Dr. Peter Tange, addressed the council. c. CEOofSt. John’s Hospital, Scott North addressed the council d.Assistant Fire Chief/EMS, BJ Jungmann addressed the council. Robert Lundgren, Maplewood, addressed the council. Councilmember Nephewmoved to approve the Pre-hospital Medical Direction agreement between the City of Maplewood and HealthEast Care System. Seconded by CouncilmemberKoppen. Ayes – All The motion passed. September 13, 2010 6 City Council MeetingMinutes Packet Page Number 10 of 192 2.Review of Recycling Proposals and Direct Staff to Begin Negotiations table CouncilmemberRossbach moved to the recycling proposals until September 27, 2010. Seconded by CouncilmemberKoppen. Ayes – All table The motion to passed. 3.Consider Approval of Phase II Joy Park Improvements a.Natural Resources Coordinator, Ginny Gaynor gave the report and answered questions of the council. Councilmember Koppenmoved to approve Phase II Joy Park Improvements for $300,000. And that this project be funded from PAC fees as proposed in 2010 and 2011 CIP’s for Joy Park and for Trail Development. And recommend that staff hire SEH, Inc. to complete detailed design and specifications, not to exceed $35,000. A friendly amendment was made to include all 3 items in one motion. The motioner and seconder agreed to that. Seconded by CouncilmemberLlanas. Ayes – All The motion passed. 4.2011 Budget and Property Tax Levy a.Consider Resolution Approving Proposed Maximum Tax Levy Payable in 2011 b.Set Public Hearing Dates on Proposed 2011 Budget and Property Tax Levy 1.Assistant City Manager, Public Works Director, Chuck Ahl gave the 2011 Budget and Property Tax Levy report and answered questions of the council. 1.Bob Zick, North St. Paul, addressed the council. 2.Ralph Sletten, Maplewood, addressed the council. 3.Elizabeth Sletten, Maplewood, addressed the council. Councilmember Rossbach moved to approve the resolutionproviding preliminary approval of a proposed tax levy payable in 2011 for $17,503,548. RESOLUTION 10-09-455 PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2011 WHEREAS, State law requires that the City Council give preliminary approval of a proposed tax levy for 2010 payable in 2011 by September 15, 2010 and WHEREAS, the City Council has reviewed preliminary information on the Proposed 2011 Budget and has determined the amount of the proposed tax levy payable in 2011 which is the maximum amountthat will be levied. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT the proposed tax levy for 2010 payable in 2011 in the amount of $17,503,548 is hereby given preliminary approval and shall be certified to the Ramsey County Auditor. September 13, 2010 7 City Council MeetingMinutes Packet Page Number 11 of 192 Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. Councilmember Nephewmoved to approve that the city hold the 2011 Budget and Tax Levy Hearing (formerly referred to as the Truth in Taxation Hearing) on Monday, December 6, 2010, at 7:00 p.m. as part of a special city council meeting. Seconded by CouncilmemberKoppen. Ayes – All The motion passed. K.VISITOR PRESENTATIONS 1.Elizabeth Sletten, Maplewood. Ms. Sletten shared a compliment regarding the Citizens Forum th that was held Saturday, September 11at the Ramsey County Library. Human Relations Attorney, Chuck Bethel gave the presentation. Ms. Sletten also expressed concerns that residents do not get their questions answered by the city council or the staff. 2.Bob Zick, North St. Paul. Mr. Zick commented on checks issued to pay aformer employee that worked on the Taste of Maplewood, the cost of color ink used to print the Maplewood Monthly newsletter,and how the Citizens Forumwas handled by residents September 11, 2010, at the Ramsey County Library. 3.Robert Lundgren, Maplewood. Mr. Lundgren said something has to be done with the unfair lot rent increases and the services that are not done covered anymore at the Rolling Hills Mobile Home Park. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS 1.Approval of Six-Month Review of Downtown Lav 52 Km, 1780 County Road D a.Maplewood Police Chief, Dave Thomalla gave the report and answered questions of the council. N.COUNCIL PRESENTATIONS Citizens Forum 1.– Councilmember Nephew Councilmember Nephew said he was the host for the Citizens Forum on Saturday, September 11, 2010, at the RamseyCounty Library and the guest speaker was Human Relations Attorney, Chuck Bethel. Councilmember Nephew said there were a lot of questions regarding city employee issues, contract negotiationsandlabor laws. He felt the presentation was very well done and Mr. Bethel answeredthe resident’s questions. Emergency Preparedness Fair 2. – Councilmember Nephew Councilmember Nephew said he attended a Ready or Not Emergency Preparedness Fair at a church in Little Canada. Many representatives from different citieswere present.Ramsey County and the Little Canada Fire Department had displaysandit was a nice event. September 13, 2010 8 City Council MeetingMinutes Packet Page Number 12 of 192 Councilmember Nephew said on the city’s behalf he accepted an American flag which he will bring to the next meeting. Plastic Water Bottles 3. – Councilmember Juenemann Councilmember Juenemann discussed the use of plastic water bottlesat city buildings and encouraged everyone to use reusable bottles to drink water fromto eliminate waste. Human Relations Commission Applications 4.– CouncilmemberLlanas Councilmember Llanas said the city is accepting applications to serve on the Human Relations Commissionand that further information can be found on the website or by calling city hall. Mayor Rossbach received an invitation to ride in a commemorative parade in North St. Paul September 17, 2010, at 6 p.m. all city representatives are invited to be in the parade. If any councilmember is interested they should contact Mayor Rossbachfor further information. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 9:29p.m. September 13, 2010 9 City Council MeetingMinutes Packet Page Number 13 of 192 Agenda Item F1 MEMORANDUM TO: James Antonen, City Manager FROM: Terrie Rameaux, Human Resource Coordinator Dave Thomalla, Police Chief DATE: September 14, 2010 SUBJECT:RESOLUTION OF APPRECIATION FOR STEVEN GUNN INTRODUCTION Attached is a resolution of appreciation for Steve Gunn who has been a commissioner on the Police Civil Service Commission for over 25 years. He recently resigned from the commission as he has moved out of the city. RECOMMENDATION Adopt the attached resolution of appreciation for Steve Gunn. Attachment – Resolution of Appreciation Packet Page Number 14 of 192 RESOLUTION OF APPRECIATION WHEREAS, Steven Gunn has been a member of the Maplewood Police Civil Service Commission since July 1985 and has served faithfully and continuously in that capacity until August 2010; and WHEREAS, the Commission and the City Council haveappreciated his vast experience, insights, and good judgment; and WHEREAS, he has freely given of his time and energy for over 25 years, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens that Steven Gunn is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Passed by Maplewood City Council on ____________________, 2010 __________________________________ Will Rossbach, Mayor Attest: ________________________________ Karen Guilfoile, City Clerk Packet Page Number 15 of 192 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 16 of 192 G-1 AGENDA NO. AGENDA REPORT TO:City Council FROM:Finance Manager RE:APPROVAL OF CLAIMS September 27, 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: $ Checks # 82236 thru # 82285120,333.64 dated 09/08/10 thru 09/14/10 $ Disbursements via debits to checking account296,155.21 dated 09/02/10 thru 09/9/10 $ Checks # 82286 thru # 823401,569,275.13 dated 09/16/10 thru 09/21/10 $ Disbursements via debits to checking account154,324.02 dated 09/10/10 thru 09/17/10 $2,140,088.00Total Accounts Payable PAYROLL $ 507,843.87Payroll Checks and Direct Deposits dated 09/17/10 $ Payroll Deduction check # 1009426 thru # 10094282,290.25 dated 09/17/10 $ 510,134.12Total Payroll $2,650,222.12GRAND 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. sb attachments S:\FINANCE\APPROVAL OF CLAIMS\2010\AprClms 9-10-10 and 9-17-10 Packet Page Number 17 of 192 Check Register City of Maplewood 09/10/2010 CheckDateVendorDescriptionAmount 8223602464FUNDS FOR ATMS8,000.0009/08/2010US BANK 8223702464UNDERCOVER OPERATION BUY MONEY300.00 09/09/2010US BANK 8223803576RECYCLING - AUGUST28,779.59 09/14/2010EUREKA RECYCLING 8223900519ROD FOR SEWER RODDING MACHINE2,715.37 09/14/2010FLEXIBLE PIPE TOOL CO. 00519REPLACEMENT SKIDS FOR SEWER104.98 09/14/2010FLEXIBLE PIPE TOOL CO. 8224000585NET BILLABLE TICKETS - AUGUST922.80 09/14/2010GOPHER STATE ONE-CALL 8224101360MDSE FOR RESALE396.61 09/14/2010REINHART FOODSERVICE 8224201190ELECTRIC UTILITY13,210.21 09/14/2010XCEL ENERGY 01190ELECTRIC UTILITY1,312.39 09/14/2010XCEL ENERGY 01190ELECTRIC UTILITY-85.53 09/14/2010XCEL ENERGY 8224301798CONTRACT DIESEL FUEL - AUGUST7,044.70 09/14/2010YOCUM OIL CO. 8224400504MDSE FOR RESALE393.25 09/14/20101ST LINE/LEEWES VENTURES LLC 8224503727ALUMINUM BLANK CLEANING880.60 09/14/2010ADVANCED WATERJET TECH INC 8224600058REIMB FOR MILEAGE 8/1922.00 09/14/2010CRAIG AICHELE 8224703437INSURANCE AGENT FEE 10-1112,000.00 09/14/2010ARTHUR J GALLAGHER RISK 8224801986SECURITY OFFICER MCC EVENT 9/4225.00 09/14/2010DANIEL BUSACK 8224900240APPLICANT BACKGROUND CHECKS60.00 09/14/2010C.S.C. CREDIT SERVICES 8225004572REPAIR & MAINT ON MCC ROOF4,477.00 09/14/2010ETTEL & FRANZ 8225104526ZUMBA INSTRUCTION - AUGUST67.60 09/14/2010HUGO GARRIDO 8225200612REPAIR & MAINT MCC EXERCISE EQUIP2,110.69 09/14/2010GYM WORKS INC 00612REPAIR & MAINT MCC EXERCISE EQUIP200.00 09/14/2010GYM WORKS INC 8225304306MDSE FOR RESALE166.28 09/14/2010INSTANT WHIP-MINNEAPOLIS, INC. 8225400789BULK OIL4,272.22 09/14/2010KATH FUEL OIL SERVICE CO 8225500393MONTHLY SURTAX - AUGUST 97011230352,621.46 09/14/2010 DEPT OF LABOR & INDUSTRY 8225600857CLERKS ORIENTATION CONFERENCE70.00 09/14/2010LEAGUE OF MINNESOTA CITIES 8225704507PROJ 09-15 TESTING5,539.50 09/14/2010NORTHERN TECHNOLOGIES, INC. 8225800001REIMB P SARNE - DRIVEWAY461.28 09/14/2010ONE TIME VENDOR 8225900001REIMB R OLSEN - DRIVEWAY407.60 09/14/2010ONE TIME VENDOR 8226000001REFUND B RESAY FAMILY MEMBERSHIP72.85 09/14/2010ONE TIME VENDOR 8226100001REFUND S DUEDE HP BENEFIT40.00 09/14/2010ONE TIME VENDOR 8226200001REFUND J SCHMIDT- IRRIGATION SYS40.00 09/14/2010ONE TIME VENDOR 8226300001REFUND M LIEDER HP BENEFIT20.00 09/14/2010ONE TIME VENDOR 8226400001REFUND M SALAH HP BENEFIT20.00 09/14/2010ONE TIME VENDOR 8226500001REFUND C BRYNGELSON HP BENEFIT20.00 09/14/2010ONE TIME VENDOR 8226601941END OF SEASON AWARDS1,537.52 09/14/2010PATRICK TROPHIES 01941END OF SEASON AWARDS399.08 09/14/2010PATRICK TROPHIES 01941END OF SEASON AWARDS266.06 09/14/2010PATRICK TROPHIES 8226701254MDSE FOR RESALE524.50 09/14/2010PEPSI-COLA COMPANY 8226804265ZUMBA INSTRUCTION - AUGUST291.00 09/14/2010MARIA PIRELA 8226901284ANNUAL BRM PERMIT FEE #4903000185.00 09/14/2010POSTMASTER 8227001345TIF ADMIN EXPENSES 20093,014.45 09/14/2010RAMSEY COUNTY 8227101340MEDICAL SUPPLIES161.41 09/14/2010REGIONS HOSPITAL 8227203446DEER REMOVAL - AUGUST200.00 09/14/2010RICK JOHNSON DEER & BEAVER INC 8227301391PROJ 09-15 TELEVISING211.84 09/14/2010ROTO-ROOTER SERVICES COMPANY 01391PROJ 09-15 TELEVISING211.08 09/14/2010ROTO-ROOTER SERVICES COMPANY 01391PROJ 09-15 TELEVISING181.84 09/14/2010ROTO-ROOTER SERVICES COMPANY 8227401409EECBG GRANT ACTIVITIES1,980.00 09/14/2010S.E.H. 01409EECBG GRANT ACTIVITIES596.31 09/14/2010S.E.H. 8227504574SUPPORT & MAINT AGREEMENT1,000.00 09/14/2010SIGNALSCAPE, INC. 8227601488REIMB FOR WORKSHOP FEE80.00 09/14/2010CHRISTINE SOUTTER 8227703236REGISTRATION FEES75.0009/14/2010CITY OF ST MICHAEL 8227800198KENNARD IRRIGATION73.7509/14/2010ST PAUL REGIONAL WATER SRVS 8227901836RECORD MGMT SOFTWARE FEE - SEPT3,798.0009/14/2010CITY OF ST PAUL Packet Page Number 18 of 192 8228009/14/201004576SUNDE LAND SURVEYING, LLC.PROF SURVEYING SRVS1,579.10 8228109/14/201003598PAUL THEISENREIMB FOR TUITION 5/17 - 8/131,158.75 8228209/14/201004228TOP TEMPORARYOFFICE/ADMIN SRVS - MINUTES AUG292.50 8228309/14/201002464US BANKPAYING AGENT FEES431.25 09/14/201002464US BANKPAYING AGENT FEES431.25 09/14/201002464US BANKPAYING AGENT FEES431.25 09/14/201002464US BANKPAYING AGENT FEES431.25 8228409/14/201003932VALLEY CREEK EXPRESS INC.MULCH - MISSISSIPPI PLAYGROUND3,872.00 8228509/14/201003378MATT WOEHRLEREIMB FOR MILEAGE 8/11-8/1931.00 120,333.64 50Checks in this report. Packet Page Number 19 of 192 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 09/02/1009/03/10FriMN Dept of Natural ResourcesDNR electronic licenses709.50 09/02/1009/03/10ICMA (Vantagepointe)Deferred Compensation3,925.15 09/03/1009/07/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,605.40 09/03/1009/07/10Pitney BowesPostage2,985.00 09/02/1009/07/10PERAPERA85,743.93 09/02/1009/07/10US TreasurerFederal Payroll Tax (FICA)100,483.26 09/02/1009/07/10AUL AdministrationHRA Flex plan566.66 09/02/1009/07/10Labor UnionsUnion Dues1,888.00 09/02/1009/07/10MN State TreasurerState Payroll Tax21,076.71 09/07/1009/08/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)20,747.87 09/08/1009/09/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,110.81 09/09/1009/10/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,233.69 09/09/1009/10/10ARC AdministrationDCRP & Flex plan payments2,079.23 TOTAL296,155.21 Packet Page Number 20 of 192 Check Register City of Maplewood 09/17/2010 CheckDateVendorDescriptionAmount 8228601083REGISTRATION FEES40.0009/16/2010M D R A 8228702464FUNDS FOR ATMS8,000.00 09/16/2010US BANK 8228800001CORRECT J MARTIN'S 9/17 PAYROLL215.5609/17/2010ONE TIME VENDOR 8228901973CAR WASHES AUG 201076.00 09/21/2010ERICKSON OIL PRODUCTS INC 8229002347REGISTRATION FEE85.0009/21/201010,000 LAKES CHAPTER 8229101809LIMEROCK FOR TRAIL APPLEWOOD PRESERVE1,392.6209/21/2010AGGREGATE INDUSTRIES, INC. 8229200064REIMB FOR MEALS 8/30 - 9/0131.7809/21/2010MARK ALDRIDGE 8229302411SCBA COMPRESSOR MAINTENANCE1,820.0009/21/2010ALEX AIR APPARATUS INC 8229404047CHARITABLE GAMBLING1,000.0009/21/2010ASHLAND PRODUCTIONS 8229504471SOUND TECH & EQUIP MCC 9/17400.0009/21/2010B&B AVM INC. 8229600230BASE FOR CO RD C SIDEWALK PROJ220.6809/21/2010BRYAN ROCK PRODUCTS, INC. 8229703486BLACK DIRT FOR BACKFILL TRAIL PROJ320.6309/21/2010BUBERL BLACK DIRT INC 8229804544ESC FUNDS RAIN GARDEN 2516 LINWOOD22,880.0009/21/2010C. MOGREN INC. 8229900279CO RD C SIDEWALK1,069.8209/21/2010CEMSTONE PRODUCTS CO. 8230004200SOCCER CLINIC INSTRUCTION644.0009/21/2010PETER DEGRANDE 8230100103SUPERVISED INSTALLATION TOT-LOT1,200.0009/21/2010EARL F ANDERSON INC 8230204137KARATE INSTRUCTION370.0009/21/2010THE EDGE MARTIAL ARTS 09/21/2010THE EDGE MARTIAL ARTS04137KARATE INSTRUCTION297.50 8230300451NEW A/C COMP AT STATION 23,246.5709/21/2010EGAN COMPANIES INC 09/21/2010EGAN COMPANIES INC00451NEW A/C COMP AT STATION 2426.00 8230404374AMB FEE210.0009/21/2010EMS TECHNOLOGY SOLUTIONS, LLC 8230504572PUBLIC WORKS ROOF REPAIR4,570.0009/21/2010ETTEL & FRANZ 09/21/2010ETTEL & FRANZ04572PUBLIC WORKS HAIL DAMAGE2,810.00 8230600531BLACK DIRT FOR RESTORATION56.1109/21/2010FRA-DOR INC. 8230704580REIMB FOR SHOES 9/1546.7409/21/2010NICHOLAS HENDRICKSON 8230800615AUDIT SRVS THRU 7/3121,605.5009/21/2010HLB TAUTGES REDPATH, LTD 8230903597REIMB FOR MILEAGE 7/30 - 8/2512.2509/21/2010MARY JO HOFMEISTER 8231003445PLAYGROUND EQUIP PARTS155.6109/21/2010LANDSCAPE STRUCTURES INC 8231100891MEETING 9/920.0009/21/2010M A M A 8231201043REGISTRATION FEE40.0009/21/2010M E H A 8231300936CHARITABLE GAMBLING3,040.0009/21/2010MAPLEWOOD HISTORICAL SOCIETY 8231404446GUITAR INSTRUCTION300.0009/21/2010MICHAEL H. MAY 8231504193FORFEITED VEHICLE STORAGE - AUG2,250.0009/21/2010MIDAMERICA AUCTIONS 8231601060REGISTRATION FEES625.0009/21/2010MN STATE FIRE CHIEFS ASSOC 8231704514WELLNESS SEMINARS 8/25 & 8/28300.0009/21/2010NUTRITIONAL WEIGHT & WELLNESS 8231801202MAPLEWOOD MONTHLY/SEASONS SEPT7,156.9809/21/2010NYSTROM PUBLISHING CO INC 8231902923REGISTRATION FEE460.0009/21/2010OAKDALE FIRE DEPARTMENT 8232000001REIMB WOODLAND HILLS IRRIGATION2,590.0409/21/2010ONE TIME VENDOR 8232100001REIMB LAKEVIEW COMMONS IRREGATION481.5409/21/2010ONE TIME VENDOR 8232200001REIMB J KEMP PROJ 09-15 DRIVEWAY85.6709/21/2010ONE TIME VENDOR 8232300001REFUND MORTENSEN HP BENEFIT40.0009/21/2010ONE TIME VENDOR 8232400001REFUND R BURESH PREFERRED ONE40.0009/21/2010ONE TIME VENDOR 8232501302REIMB FOR MILEAGE 8/1923.0009/21/2010STEVEN PRIEM 8232601359CAR WASHES - AUGUST146.9609/21/2010REGAL AUTO WASH DETAIL XX 8232704528ZUMBA INSTRUCTION - AUG5.0009/21/2010SARA ROSS 8232801391PROJ 09-13 TELEVISING418.2009/21/2010ROTO-ROOTER SERVICES COMPANY 09/21/2010ROTO-ROOTER SERVICES COMPANY01391PROJ 08-13 TELEVISING181.84 8232904578STAFF FOR TREE INVENTORY OF PARKS2,156.2509/21/2010S & S SPECIALISTS 09/21/2010S & S SPECIALISTS04578STAFF FOR TREE INVENTORY OF PARKS150.00 8233004074TAI CHI INSTRUCTION - 8/18 - 10/20195.0009/21/2010ELAINE SCHRADE 8233104579AFTON PARK BUILDING - REROOF3,800.0009/21/2010SELA ROOFING COMMERCIAL DIV. 8233201463MCC MASSAGES - AUG1,147.0009/21/2010SISTER ROSALIND GEFRE 8233301836RADIO SRVS & MAINT - AUGUST579.0009/21/2010CITY OF ST PAUL 8233301836RADIO SHOP SERVICES - AUGUST182.4109/21/2010CITY OF ST PAUL 8233401574PROJ 09-15 HILLS & DALE PARTPMT#41,221,970.3009/21/2010T.A. SCHIFSKY & SONS, INC 09/21/2010T.A. SCHIFSKY & SONS, INC01574PROJ 09-04 STILLWATER RD/TH 5 IMP222,814.84 09/21/2010T.A. SCHIFSKY & SONS, INC01574PROJ 08-20 CO RD D FINAL PMT #512,441.20 09/21/2010T.A. SCHIFSKY & SONS, INC01574BITUMINOUS MATERIALS - STREET667.01 8233501616SECURITY OFFICER FOR MCC 9/4227.5009/21/2010PAUL THIENES 8233603776STABILIZE TRAIL-APPLEWOOD PRESERVE9,370.0009/21/2010TRAILSOURCE LLC 8233701669FORFEITED VEHICLE TOWING - AUG636.9609/21/2010TWIN CITIES TRANSPORT & 8233801750MDSE FOR RESALE252.9709/21/2010THE WATSON CO INC 09/21/2010THE WATSON CO INC01750MDSE FOR RESALE166.80 09/21/2010THE WATSON CO INC01750MDSE FOR RESALE160.39 8233904402CLEAR CHARGES - AUGUST254.1009/21/2010WEST GOVERNMENT SERVICES 8234004381K9 FOOD FOR POLICE K9'S696.8009/21/2010ZEUS AND COMPANY 1,569,275.13 55Checks in this report. Packet Page Number 21 of 192 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 09/10/1009/13/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,817.52 09/10/1009/13/10MN Dept of Natural ResourcesDNR electronic licenses306.50 09/13/1009/14/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)24,581.13 09/14/1009/15/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,545.00 09/10/1009/15/10US Bank VISA One Card*Purchasing Card Items33,922.73 09/14/1009/15/10VANCO servicesBilling fee81.00 09/15/1009/16/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,817.56 09/16/1009/17/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,072.43 09/13/1009/17/10MN Dept of RevenueSales Tax5,751.00 09/16/1009/17/10ICMA (Vantagepointe)Deferred Compensation3,705.15 09/16/1009/17/10INGDeferred Compensation26,306.00 09/16/1009/17/10MN Dept of Natural ResourcesDNR electronic licenses418.00 TOTAL154,324.02 *Detailed listing of VISA purchases is attached. Packet Page Number 22 of 192 TransactionDatePostingDateMerchantNameTransactionAmountName 08/28/201008/30/2010LITTLE CAESARS 1456109.26MANDY ANZALDI 08/30/201008/31/2010TARGET 000118586.96MANDY ANZALDI 08/27/201008/30/2010PRECOR77.99JIM BEHAN 08/27/201008/30/2010W W GOETSCH ASSOCIATES IN231.16JIM BEHAN 08/30/201008/31/2010BATTERIES PLUS #31(328.87)JIM BEHAN 08/30/201008/31/2010HENRIKSEN ACE HARDWARE43.89JIM BEHAN 08/30/201008/31/2010COLLEGE TOOL BOX22.60JIM BEHAN 08/30/201008/31/2010SHERWIN WILLIAMS #312735.71JIM BEHAN 08/31/201009/02/2010KMART 303425.34JIM BEHAN 09/01/201009/02/2010HENRIKSEN ACE HARDWARE31.02JIM BEHAN 09/02/201009/03/2010HORIZON POOL SUPPLY474.40JIM BEHAN 09/03/201009/06/2010SEELYE PLASTICS28.00JIM BEHAN 09/04/201009/06/2010PRECOR44.46JIM BEHAN 09/01/201009/01/2010U OF M CCE70.00TROY BRINK 09/09/201009/10/2010BROCK WHITE ST PAUL 180274.58TROY BRINK 08/31/201009/02/2010MIKES LP GAS INC33.00BRENT BUCKLEY 08/27/201008/30/2010OFFICE DEPOT #10907.33SARAH BURLINGAME 09/01/201009/02/2010GE CAPITAL43.92SARAH BURLINGAME 09/02/201009/06/2010OFFICE DEPOT #109060.57SARAH BURLINGAME 09/07/201009/08/2010CUB FOODS, INC.6.98SARAH BURLINGAME 09/08/201009/10/2010PSO148.45DAN BUSACK 08/30/201008/31/2010ADVANCED DUPLICATION SERV63.99HEIDI CAREY 09/03/201009/06/2010MINNESOTA PREMIER PUBLICA50.00HEIDI CAREY 09/06/201009/07/2010VZWRLSS*APOCC VISN134.42HEIDI CAREY 08/30/201008/31/2010VIKING ELEC-CREDIT DEPT.47.56SCOTT CHRISTENSON 08/30/201008/31/2010VIKING ELEC-CREDIT DEPT.107.77SCOTT CHRISTENSON 09/01/201009/02/2010VIKING ELEC-CREDIT DEPT.(28.35)SCOTT CHRISTENSON 09/01/201009/02/2010VIKING ELEC-CREDIT DEPT.116.53SCOTT CHRISTENSON 09/01/201009/02/2010DEY APPLIANCE A4.57SCOTT CHRISTENSON 09/01/201009/03/2010THE HOME DEPOT 280111.38SCOTT CHRISTENSON 09/07/201009/09/2010OAKDALE OPTICAL CENT189.21SCOTT CHRISTENSON 09/01/201009/02/2010MENARDS 30225.02CHARLES DEAVER 09/08/201009/09/2010G & K SERVICES 006113.25CHARLES DEAVER 09/08/201009/09/2010BEST BUY 0000007526.73MICHAEL DUGAS 08/27/201008/30/2010HIRSHFIELDS ST PAUL CSC1,104.24DAVE EDSON 08/27/201008/30/2010HENRIKSEN ACE HARDWARE17.77DAVE EDSON 08/31/201009/01/2010BROOKLYN PARK BOOKSTORE66.00PAUL E EVERSON 09/01/201009/02/2010BROOKLYN PARK TUITION OFF308.62PAUL E EVERSON 08/26/201008/30/2010BREDEMUS HARDWARE CO29.10LARRY FARR 09/01/201009/02/2010BEST BUY MHT 00000158125.31LARRY FARR 09/01/201009/02/2010CABLES TO GO40.33LARRY FARR 09/02/201009/03/2010MENARDS 3059614.43LARRY FARR 09/02/201009/06/2010THE HOME DEPOT 280134.73LARRY FARR 09/03/201009/06/2010CINTAS #47077.46LARRY FARR 09/03/201009/06/2010CINTAS #47036.33LARRY FARR 09/03/201009/06/2010CINTAS #47038.04LARRY FARR 09/07/201009/08/2010WM EZPAY132.60LARRY FARR 09/07/201009/09/2010ACME ELECTRONICS CENTER I159.77LARRY FARR 09/08/201009/09/2010G & K SERVICES 006914.79LARRY FARR 09/08/201009/09/2010G & K SERVICES 006541.85LARRY FARR 09/08/201009/10/2010SEARS ROEBUCK 1122194.90LARRY FARR 09/08/201009/10/2010KMART 710623.56LARRY FARR 09/09/201009/10/2010MENARDS 3059450.82LARRY FARR 09/02/201009/02/2010ACT*RAM/SWANA CONF140.00SHANN FINWALL 09/03/201009/06/2010DISPLAYS 2 GO20.02SHANN FINWALL 09/08/201009/10/2010WM EZPAY592.70DAVID FISHER 09/01/201009/02/2010CURTIS 1000 INC.46.38KAREN FORMANEK 09/01/201009/02/2010CURTIS 1000 INC.46.38KAREN FORMANEK 08/26/201008/30/2010MCLEOD USA TELECOM3,177.56MYCHAL FOWLDS 08/27/201008/30/2010IDU*PUBLIC SECTOR3,359.46MYCHAL FOWLDS 09/03/201009/06/2010IDU*PUBLIC SECTOR182.26MYCHAL FOWLDS 09/08/201009/09/2010CDW GOVERNMENT41.66MYCHAL FOWLDS Packet Page Number 23 of 192 09/08/201009/09/2010IDU*PUBLIC SECTOR413.50MYCHAL FOWLDS 08/26/201008/30/2010ADVANCED GRAPHIC 00 OF 00122.05NICK FRANZEN 09/07/201009/09/2010OFFICE MAX25.70NICK FRANZEN 09/08/201009/09/2010KNOWLAN'S MARKET #228.28CAROLE GERNES 08/30/201009/01/2010OFFICE DEPOT #10903.36JEAN GLASS 09/03/201009/06/2010OFFICE DEPOT #109049.53JEAN GLASS 09/03/201009/06/2010OFFICE DEPOT #10908.14JEAN GLASS 09/08/201009/09/2010MENARDS 3022101.70MARK HAAG 08/30/201009/01/2010THE HOME DEPOT 280112.72MILES HAMRE 09/04/201009/06/2010COMCAST CABLE COMM180.20LORI HANSON 09/03/201009/06/2010MENARDS 30591.80PATRICK HEFFERNAN 09/07/201009/08/2010BEAR 36 AMSTAR6.00PATRICK HEFFERNAN 09/07/201009/09/2010GRUBERS POWER EQUIPMENT14.78PATRICK HEFFERNAN 09/02/201009/03/2010AMERICAN RED CROSS TWIN C231.00RON HORWATH 09/02/201009/06/2010THE HOME DEPOT 2801170.10RON HORWATH 09/07/201009/08/2010POOLSIDE81.90RON HORWATH 09/08/201009/09/2010POOLSIDE58.28RON HORWATH 09/08/201009/09/2010HENRIKSEN ACE HARDWARE19.60RON HORWATH 09/08/201009/09/2010MENARDS 305911.73RON HORWATH 09/02/201009/06/2010HEJNY RENTAL INC185.78ANN E HUTCHINSON 08/26/201008/30/2010THE HOME DEPOT 280123.96DAVID JAHN 09/02/201009/03/2010PHILIPS MEDICAL SYSTEMS534.30BERNARD R JUNGMANN 09/07/201009/08/2010RAINBOW FOODS 0008861712.83BERNARD R JUNGMANN 08/30/201008/31/2010THE UPS STORE #217112.12NICHOLAS KREKELER 09/07/201009/08/2010BATTERIES PLUS #318.10NICHOLAS KREKELER 08/27/201008/30/2010RAINBOW FOODS 0008861712.25LISA KROLL 09/02/201009/03/2010LILLIE SUBURBAN NEWSPAPE631.16LISA KROLL 09/08/201009/09/2010MENARDS 305910.68STEVEN KUMMER 08/27/201008/30/2010UNIFORMS UNLIMITED INC111.03DAVID KVAM 09/02/201009/06/2010UNIFORMS UNLIMITED1,903.75DAVID KVAM 09/03/201009/06/2010UNIFORMS UNLIMITED INC1,697.61DAVID KVAM 09/03/201009/06/2010UNIFORMS UNLIMITED INC1,365.71DAVID KVAM 09/03/201009/06/2010SHRED-IT116.55DAVID KVAM 09/07/201009/09/2010UNIFORMS UNLIMITED INC115.40DAVID KVAM 09/08/201009/10/2010UNIFORMS UNLIMITED INC18.17DAVID KVAM 09/01/201009/03/2010ASPEN MILLS INC.29.67STEVE LUKIN 09/05/201009/06/2010WM EZPAY169.18STEVE LUKIN 08/27/201008/30/2010ON SITE SANITATION100.46MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION100.46MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION50.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION70.23MARK MARUSKA 08/27/201008/30/2010ON SITE SANITATION26.91MARK MARUSKA 09/08/201009/09/2010G & K SERVICES 006435.90MARK MARUSKA 09/08/201009/10/2010WM EZPAY773.63MARK MARUSKA 08/27/201008/30/2010CINTAS FIRST AID #43183.46BRYAN NAGEL 09/01/201009/01/2010U OF M CCE70.00BRYAN NAGEL 09/09/201009/10/2010MINNESOTA FALL EXPO225.00BRYAN NAGEL 08/31/201009/01/2010HENRIKSEN ACE HARDWARE17.06JOHN NAUGHTON 09/08/201009/09/2010G & K SERVICES 006936.85AMY NIVEN 09/08/201009/09/2010G & K SERVICES 006671.11AMY NIVEN 09/08/201009/09/2010G & K SERVICES 006227.79AMY NIVEN 09/06/201009/07/2010AMAZON MKTPLACE PMTS40.39MICHAEL NYE Packet Page Number 24 of 192 09/07/201009/08/2010OPTICS PLANET INC200.00MICHAEL NYE 09/09/201009/10/2010BEST BUY MHT 00000109(96.40)MICHAEL NYE 09/09/201009/10/2010BEST BUY MHT 0000010996.40MICHAEL NYE 09/09/201009/10/2010BEST BUY MHT 0000015832.12MICHAEL NYE 08/26/201008/30/2010ADVANCE SHORING COMPANY38.29ERICK OSWALD 08/30/201008/31/2010BROCK WHITE ST PAUL 18049.79ERICK OSWALD 08/27/201008/30/2010MIDWAY PARTY RENTAL321.38CHRISTINE PENN 09/03/201009/06/2010PARTY ZONES INC.691.12CHRISTINE PENN 09/07/201009/09/2010AESOP'S TABLE200.00CHRISTINE PENN 09/08/201009/09/2010RHODE ISLAND NOVELTY118.94CHRISTINE PENN 09/08/201009/09/2010CPD INDUSTRIES126.12PHILIP F POWELL 09/01/201009/02/2010GE CAPITAL333.16WILLIAM J PRIEFER 08/26/201008/30/2010UNLIMITED SUPPLIES INC297.56STEVEN PRIEM 08/31/201009/02/2010KATH AUTO PARTS NSP8.11STEVEN PRIEM 08/31/201009/02/2010TOUSLEY FORD I27228006127.21STEVEN PRIEM 09/01/201009/02/2010HENRIKSEN ACE HARDWARE12.31STEVEN PRIEM 09/01/201009/03/2010KATH AUTO PARTS NSP246.12STEVEN PRIEM 09/02/201009/03/2010FACTORY MOTOR PARTS #1972.96STEVEN PRIEM 09/03/201009/06/2010KATH AUTO PARTS NSP31.81STEVEN PRIEM 09/03/201009/06/2010TOUSLEY FORD I2722800617.33STEVEN PRIEM 09/03/201009/06/2010FACTORY MTR PTS #172.96STEVEN PRIEM 09/03/201009/06/2010BAUER BUILT TIRE 1842.26STEVEN PRIEM 09/03/201009/08/2010TRI-STATE BOBCAT INC.197.20STEVEN PRIEM 09/03/201009/08/2010CATCO PARTS&SERVICE11.07STEVEN PRIEM 09/07/201009/08/2010FACTORY MTR PTS #1(72.96)STEVEN PRIEM 09/07/201009/08/2010CATCO PARTS&SERVICE11.07STEVEN PRIEM 09/08/201009/10/2010KATH AUTO PARTS NSP57.31STEVEN PRIEM 09/09/201009/10/2010FACTORY MTR PTS #236.92STEVEN PRIEM 09/09/201009/10/2010BOYER CREDIT51.46STEVEN PRIEM 08/30/201008/31/2010HILLYARD INC MINNEAPOLIS1,114.39MICHAEL REILLY 08/30/201008/31/2010TARGET 0001185843.17AUDRA ROBBINS 09/01/201009/02/2010CUB FOODS, INC.9.81AUDRA ROBBINS 09/01/201009/02/2010LITTLE CAESARS 145685.70AUDRA ROBBINS 09/01/201009/02/2010MAPLEWOOD PARKS AND RECRE10.00AUDRA ROBBINS 09/01/201009/02/2010MAPLEWOOD PARKS AND RECRE5.00AUDRA ROBBINS 09/01/201009/03/2010AMC ROSEDALE 101006519344.00AUDRA ROBBINS 09/01/201009/03/2010AMC ROSEDALE 101006519262.50AUDRA ROBBINS 09/07/201009/08/2010METRO FIRE127.45ROBERT RUNNING 08/26/201008/30/2010THE HOME DEPOT 2801117.54JAMES SCHINDELDECKER 09/01/201009/02/2010HENRIKSEN ACE HARDWARE43.35JAMES SCHINDELDECKER 09/02/201009/03/2010T-MOBILE.COM*PAYMENT31.32DEB SCHMIDT 09/02/201009/06/2010OFFICE DEPOT #1090124.46ANDREA SINDT 09/09/201009/10/2010JAKE'S CITY GRILLE - M30.00ANDREA SINDT 09/09/201009/10/2010ALLINA HEALTH SYSTEM50.00JOANNE M SVENDSEN 09/05/201009/07/2010KMART 71069.63RONALD SVENDSEN 09/02/201009/06/2010SPRINT STORE #22632.12JAMES TAYLOR 09/08/201009/10/2010DELTA AIR 0067919096545299.40DAVID J THOMALLA 08/31/201009/02/2010OFFICE MAX24.63FAITH THOMFORDE 09/08/201009/10/2010OFFICE MAX90.05FAITH THOMFORDE 09/09/201009/10/2010S & T OFFICE PRODUCTS50.06KAREN WACHAL TOTA33,922.73 L Packet Page Number 25 of 192 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 09/17/10JUENEMANN, KATHLEEN416.42 09/17/10LLANAS, JAMES416.42 09/17/10NEPHEW, JOHN416.42 09/17/10ROSSBACH, WILLIAM473.15 09/17/10STRAUTMANIS, MARIS75.00 09/17/10AHL, R. CHARLES4,917.95 09/17/10ANTONEN, JAMES5,300.00 09/17/10BURLINGAME, SARAH1,861.60 09/17/10KANTRUD, HUGH184.62 09/17/10CHRISTENSON, SCOTT2,020.93 09/17/10FARR, LARRY2,885.65 09/17/10JAHN, DAVID1,840.37 09/17/10HENNING, KARISSA92.30 09/17/10RAMEAUX, THERESE3,030.67 09/17/10BAUMAN, GAYLE3,860.96 09/17/10FORMANEK, KAREN968.50 09/17/10MITTET, ROBERT3,554.40 09/17/10ANDERSON, CAROLE1,418.63 09/17/10DEBILZAN, JUDY1,234.16 09/17/10JACKSON, MARY2,102.98 09/17/10KELSEY, CONNIE2,569.24 09/17/10LAYMAN, COLLEEN5,735.23 09/17/10ARNOLD, AJLA1,464.49 09/17/10CAREY, HEIDI2,494.95 09/17/10GUILFOILE, KAREN4,176.43 09/17/10KROLL, LISA1,764.69 09/17/10NEPHEW, MICHELLE1,544.73 09/17/10SCHMIDT, DEBORAH2,589.83 09/17/10SPANGLER, EDNA1,054.89 09/17/10CORTESI, LUANNE1,194.86 09/17/10LARSON, MICHELLE1,709.35 09/17/10MECHELKE, SHERRIE1,170.00 09/17/10MOY, PAMELA1,096.89 09/17/10OSTER, ANDREA1,886.78 09/17/10RICHTER, CHARLENE 280.50 09/17/10SCHOENECKER, LEIGH1,356.81 09/17/10WEAVER, KRISTINE2,245.35 09/17/10CORCORAN, THERESA1,882.15 09/17/10KVAM, DAVID4,168.15 09/17/10PALANK, MARY1,886.77 Packet Page Number 26 of 192 09/17/10 POWELL, PHILIP2,903.67 09/17/10 SVENDSEN, JOANNE2,081.79 09/17/10THOMALLA, DAVID 4,936.26 09/17/10 YOUNG, TAMELA1,882.15 09/17/10ABEL, CLINT2,988.56 09/17/10ALDRIDGE, MARK3,226.20 09/17/10BAKKE, LONN2,888.66 09/17/10BARTZ, PAUL3,471.12 09/17/10BELDE, STANLEY3,319.64 09/17/10BENJAMIN, MARKESE2,676.09 09/17/10BIERDEMAN, BRIAN3,474.75 09/17/10BOHL, JOHN3,171.10 09/17/10BUSACK, DANIEL4,413.44 09/17/10COFFEY, KEVIN3,199.19 09/17/10CROTTY, KERRY3,575.20 09/17/10DEMULLING, JOSEPH2,435.28 09/17/10DOBLAR, RICHARD3,737.66 09/17/10DUGAS, MICHAEL5,735.71 09/17/10ERICKSON, VIRGINIA3,256.98 09/17/10FLOR, TIMOTHY2,685.73 09/17/10FRASER, JOHN3,151.94 09/17/10FRITZE, DEREK2,885.80 09/17/10GABRIEL, ANTHONY3,131.01 09/17/10HAWKINSON JR, TIMOTHY2,988.36 09/17/10HER, PHENG2,413.09 09/17/10HIEBERT, STEVEN2,888.66 09/17/10JOHNSON, KEVIN3,739.39 09/17/10KALKA, THOMAS896.28 09/17/10KARIS, FLINT4,133.87 09/17/10KONG, TOMMY2,843.99 09/17/10KREKELER, NICHOLAS803.20 09/17/10KROLL, BRETT3,004.81 09/17/10LANGNER, SCOTT3,293.35 09/17/10LANGNER, TODD2,773.06 09/17/10LU, JOHNNIE3,683.61 09/17/10LYNCH, KATHERINE1,887.11 09/17/10MARINO, JASON3,305.22 09/17/10MARTIN, JERROLD2,668.23 09/17/10MCCARTY, GLEN2,904.55 09/17/10METRY, ALESIA3,039.62 09/17/10NYE, MICHAEL3,451.60 09/17/10OLSON, JULIE3,039.62 09/17/10REZNY, BRADLEY3,801.60 09/17/10RHUDE, MATTHEW3,480.43 09/17/10SHORTREED, MICHAEL4,060.51 09/17/10SLINGER, AARON1,887.11 09/17/10STEINER, JOSEPH4,128.14 09/17/10SYPNIEWSKI, WILLIAM2,773.06 09/17/10SZCZEPANSKI, THOMAS3,299.11 Packet Page Number 27 of 192 09/17/10 TAUZELL, BRIAN2,169.83 09/17/10THEISEN, PAUL2,930.85 09/17/10THIENES, PAUL3,496.05 09/17/10TRAN, JOSEPH2,884.70 09/17/10WENZEL, JAY3,331.33 09/17/10XIONG, KAO2,935.19 09/17/10BAUMAN, ANDREW2,663.01 09/17/10DAWSON, RICHARD2,993.84 09/17/10DOLLERSCHELL, ROBERT293.39 09/17/10EVERSON, PAUL3,158.40 09/17/10FOSSUM, ANDREW3,324.24 09/17/10HALWEG, JODI2,982.32 09/17/10HENDRICKSON, NICHOLAS2,394.21 09/17/10JUNGMANN, BERNARD3,375.63 09/17/10KUBAT, ERIC2,348.06 09/17/10LINDER, TIMOTHY2,728.31 09/17/10NOVAK, JEROME2,924.74 09/17/10OLSON, JAMES3,140.65 09/17/10PETERSON, ROBERT3,165.99 09/17/10PLACE, ANDREA2,639.93 09/17/10SEDLACEK, JEFFREY2,944.82 09/17/10STREFF, MICHAEL3,070.95 09/17/10SVENDSEN, RONALD3,271.62 09/17/10GERVAIS-JR, CLARENCE3,679.63 09/17/10LUKIN, STEVEN4,475.33 09/17/10ZWIEG, SUSAN2,357.24 09/17/10KNUTSON, LOIS1,996.55 09/17/10NIVEN, AMY1,411.62 09/17/10PRIEFER, WILLIAM2,713.17 09/17/10BRINK, TROY2,244.55 09/17/10BUCKLEY, BRENT2,040.14 09/17/10DEBILZAN, THOMAS2,125.35 09/17/10EDGE, DOUGLAS2,498.08 09/17/10HAMRE, MILES1,278.00 09/17/10JONES, DONALD2,125.35 09/17/10MEISSNER, BRENT1,840.55 09/17/10NAGEL, BRYAN3,408.40 09/17/10OSWALD, ERICK2,441.93 09/17/10RUNNING, ROBERT2,333.35 09/17/10SETNES, SAMUEL560.00 09/17/10TEVLIN, TODD2,125.35 09/17/10BURLINGAME, NATHAN2,039.34 09/17/10DUCHARME, JOHN2,447.65 09/17/10EATON, MEGAN665.00 09/17/10ENGSTROM, ANDREW2,459.76 09/17/10JACOBSON, SCOTT2,218.39 09/17/10JAROSCH, JONATHAN2,842.52 09/17/10KREGER, JASON2,514.87 09/17/10KUMMER, STEVEN3,063.75 Packet Page Number 28 of 192 09/17/10LINDBLOM, RANDAL 2,713.98 09/17/10 LOVE, STEVEN3,140.31 09/17/10 THOMPSON, MICHAEL3,895.87 09/17/10 ZIEMAN, SCOTT241.40 09/17/10HELCL, JOHN 322.40 09/17/10 EDSON, DAVID2,175.99 09/17/10 HINNENKAMP, GARY2,131.98 09/17/10 MARUSKA, MARK3,183.11 09/17/10NAUGHTON, JOHN 2,125.35 09/17/10 NORDQUIST, RICHARD2,127.66 09/17/10 SCHINDELDECKER, JAMES2,129.97 09/17/10 BIESANZ, OAKLEY1,449.88 09/17/10DEAVER, CHARLES 586.94 09/17/10 GERNES, CAROLE322.89 09/17/10 HAYMAN, JANET1,268.31 09/17/10 HUTCHINSON, ANN2,622.79 09/17/10SOUTTER, CHRISTINE 626.09 09/17/10 WACHAL, KAREN958.63 09/17/10 GAYNOR, VIRGINIA3,211.95 09/17/10 BEHM, LOIS78.75 09/17/10FRY, PATRICIA 1,904.81 09/17/10 KONEWKO, DUWAYNE4,390.46 09/17/10 SINDT, ANDREA2,013.80 09/17/10 THOMPSON, DEBRA821.71 09/17/10EKSTRAND, THOMAS 3,800.52 09/17/10 MARTIN, MICHAEL2,606.15 09/17/10 BRASH, JASON2,154.15 09/17/10 CARVER, NICHOLAS3,211.95 09/17/10FISHER, DAVID 3,778.99 09/17/10 SWAN, DAVID2,738.95 09/17/10 WELLENS, MOLLY1,628.54 09/17/10 BERGER, STEPHANIE28.50 09/17/10BJORK, ALICIA 420.00 09/17/10 BJORK, BRANDON464.75 09/17/10 JANASZAK, MEGHAN922.62 09/17/10 ROBBINS, AUDRA2,847.74 09/17/10ROBBINS, CAMDEN 52.31 09/17/10SCHALLER, SCOTT172.00 09/17/10 SHERRILL, CAITLIN454.13 09/17/10TAYLOR, JAMES2,583.24 09/17/10THOMFORDE, FAITH1,461.80 09/17/10ADAMS, DAVID1,733.80 09/17/10GERMAIN, DAVID2,134.59 09/17/10HAAG, MARK2,452.47 09/17/10KLOOZ, AUSTIN 735.00 09/17/10SCHULTZ, SCOTT2,897.69 09/17/10ANZALDI, MANDY1,682.96 09/17/10BRENEMAN, NEIL2,036.93 09/17/10CRAWFORD - JR, RAYMOND496.79 Packet Page Number 29 of 192 09/17/10 EVANS, CHRISTINE1,257.27 09/17/10 GADOW, ANNA66.73 09/17/10 GLASS, JEAN2,103.67 09/17/10HANSEN, LORI 2,912.02 09/17/10 HER, PETER404.25 09/17/10 HOFMEISTER, MARY1,101.10 09/17/10 HOFMEISTER, TIMOTHY386.81 09/17/10KLUCAS, PETER 176.00 09/17/10 KULHANEK-DIONNE, ANN361.25 09/17/10 LAMB, JACQUELINE112.50 09/17/10 OLSON, SANDRA42.00 09/17/10PELOQUIN, PENNYE 510.86 09/17/10 PENN, CHRISTINE2,094.61 09/17/10 SMITH, TERRENCE220.00 09/17/10 STARK, SUE324.00 09/17/10VANG, KAY 256.69 09/17/10 VUE, LOR PAO109.31 09/17/10 ANDERSON, MAXWELL278.60 09/17/10 BAUDE, SARAH54.75 09/17/10BEITLER, JULIE 36.00 09/17/10 BRENEMAN, SEAN325.50 09/17/10 BUCKLEY, BRITTANY180.15 09/17/10 BUTLER, ANGELA119.00 09/17/10CAMPBELL, JESSICA 1,235.01 09/17/10 DEMPSEY, BETH183.75 09/17/10 DUNN, RYAN841.50 09/17/10 ERICKSON-CLARK, CAROL49.00 09/17/10FLACKEY, MAUREEN 271.25 09/17/10 FONTAINE, KIM382.00 09/17/10 GRAY, MEGAN29.40 09/17/10 GRUENHAGEN, LINDA215.05 09/17/10HANSEN, HANNAH 75.34 09/17/10 HEINRICH, SHEILA176.00 09/17/10 HOLMBERG, LADONNA369.00 09/17/10 HORWATH, RONALD2,589.01 09/17/10JOHNSON, BARBARA 193.50 09/17/10KOGLER, RYAN129.90 09/17/10 KOHLER, ROCHELLE34.00 09/17/10KRONHOLM, KATHRYN561.76 09/17/10LAMEYER, ZACHARY92.58 09/17/10MATHEWS, LEAH59.40 09/17/10MCCORMACK, MELISSA106.58 09/17/10NADEAU, KELLY234.03 09/17/10PROESCH, ANDY 707.29 09/17/10RENFORD, NICHOLAS72.50 09/17/10RICHTER, DANIEL54.00 09/17/10RICHTER, NANCY157.50 09/17/10RONNING, ISAIAH73.50 09/17/10RONNING, ZACCEUS18.25 Packet Page Number 30 of 192 09/17/10 SCHREIER, ROSEMARIE203.50 09/17/10 SCHREINER, MICHELLE305.51 09/17/10SJERVEN, BRENDA 119.00 09/17/10 SMITH, ANN98.50 09/17/10 SMITLEY, SHARON251.50 09/17/10 TAYLOR, JASON85.88 09/17/10TREPANIER, TODD 271.00 09/17/10 TUPY, ELIANA85.00 09/17/10 TUPY, HEIDE88.80 09/17/10 TUPY, MARCUS230.50 09/17/10WARNER, CAROLYN 290.40 09/17/10 WEDES, CARYL49.00 09/17/10 WOLFGRAM, MARY315.30 09/17/10 WOLFGRAM, TERESA211.60 09/17/10WOODMAN, ALICE 46.00 09/17/10 ZALK, IDA46.50 09/17/10 BOSLEY, CAROL380.80 09/17/10 GIERNET, ASHLEY326.25 09/17/10LANGER, CHELSEA 87.75 09/17/10 LANGER, KAYLYN164.25 09/17/10 SATTLER, MELINDA68.00 09/17/10 SAVAGE, KAREN50.00 09/17/10ZAGER, LINNEA 332.76 09/17/10 BEHAN, JAMES2,034.94 09/17/10 COLEMAN, PATRICK326.25 09/17/10 DOUGLASS, TOM1,381.95 09/17/10JOHNSON, JUSTIN 130.50 09/17/10 LONETTI, JAMES414.00 09/17/10 MALONEY, SHAUNA60.00 09/17/10 PRINS, KELLY1,255.66 09/17/10REILLY, MICHAEL 1,915.75 09/17/10 THOMPSON, BENJAMIN248.88 09/17/10 VALERIO, TARA235.60 09/17/10 WILLIAMS, DAELA179.44 09/17/10FINWALL, SHANN 3,138.95 09/17/10 HAIDER, THOMAS340.00 09/17/10 AICHELE, CRAIG2,178.95 09/17/10 PRIEM, STEVEN2,390.15 09/17/10WOEHRLE, MATTHEW2,179.75 09/17/10BERGO, CHAD2,651.63 09/17/10FOWLDS, MYCHAL3,469.86 09/17/10FRANZEN, NICHOLAS2,413.50 09/17/10JAGOE, CAROL1,836.00 09/17/10WELCHLIN, CABOT2,415.05 100940509/17/10KOPPEN, MARVIN416.42 100940609/17/10NASH, AMY690.36 100940709/17/10PARKER, JAMES690.36 100940809/17/10PUHL, MATTHEW672.00 100940909/17/10GRAVES, CONNIE71.25 Packet Page Number 31 of 192 100941009/17/10MARTIN, ARIELLE58.13 100941109/17/10MUELLNER, CHADD225.00 100941209/17/10VUKICH, CANDACE14.50 100941309/17/10HER, CHONG243.00 100941409/17/10CRANDALL, KRISTA237.73 100941509/17/10FLUEGEL, LARISSA94.25 100941609/17/10GIPPLE, TRISHA166.75 100941709/17/10JOYER, ANTHONY44.40 100941809/17/10LAMSON, KEVIN40.43 100941909/17/10MCLAURIN, CHRISTOPHER369.80 100942009/17/10MCMAHON, MICHAEL29.40 100942109/17/10ROSTRON, ROBERT470.85 100942209/17/10SCHMIDT, EMILY4.60 100942309/17/10DANIEL, BREANNA320.00 100942409/17/10SCHULZE, KEVIN474.60 100942509/17/10STEFFEN, MICHAEL87.00 507,843.87 Packet Page Number 32 of 192 Agenda Item G2 AGENDA REPORT TO: City Manager FROM: Finance Manager RE :2010Budget Adjustments DATE: September 22, 2010 BACKGROUND Annually when the General Fund budget is prepared, revenueand expenditureaccounts are analyzed and a re-estimate for the current year is prepared. This information is used to forecast the ending fund balance for the current year. The size of this balance is an important factor for the preparation of the budget for the next year.The proposed 2011 budget includes an estimated fund balance of $6,512,417 for 12-31-10. RECOMMENDATION After the budget for the next year is prepared, the re-estimates for the current year are more important than the original budget. Therefore, it is recommended that the Council authorize the Finance Managerto revise the 2010budget to reflectthe 2010re-estimates for accountsthat are included in the proposed 2011budgetper the attached list.This will help staff manage their budgets through the end of the year. Attachments: 1.2010 Budget Adjustments Packet Page Number 33 of 192 Agenda Item G2 2010 Budget Adjustments Adjustments needed to achieve 2010 re-estimate numbers: Adjustments needed to account for 2010 Internal IT charges: 101-101-000-4480 (5,000) Council - outside study 101-101-000-4580 1,700 101-102-000-4580 5,060 101-103-000-4970 (50,000) Judgements 101-116-000-4580 (310) 101-201-000-4580 (6,210) 101-201-000-4010 3,000 Finance Manager 101-301-000-4580 (14,990) 101-401-000-4580 (5,420) 101-201-000-4480 35,000 Audit & CIP assistance 101-202-000-4010 10,000 Reallocate Mary & error in 2010 budget 101-411-000-4580 (14,110) 101-501-000-4580 (10,620) 101-202-000-4020 7,000 Audit work - additional hours 606-203-000-4010 (5,500) Reallocate Mary 101-601-000-458015,160 101-701-000-4580 (19,490) 101-111-000-4010 (17,000) Reallocate budget for Carey wages 206-603-299-4580 (9,350) 601-508-000-4580 1,820 602-611-003-4010 17,000 Reallocate budget for Carey wages 101-301-000-4480 (16,000) Recodification 602-611-001-4580 (10,010) 604-512-000-4580 7,450 101-301-000-4490 (12,000) Cut consulting - part of Taste 101-301-000-4520 (2,000) Cut outside rentals 605-706-000-4580 630 606-203-000-4580 (1,450) 101-402-000-4010 (125,000) Vacancies/allocation 606-403-000-4580 61,580 101-409-000-4010 (35,000) Vacancies/allocation 1,440 101-404-000-4730 (20,000) Hold on purchase 101-404-000-4320 (15,000) Savings in utilities 101-602-000-4320 (15,000) Savings in utilities 101-503-000-4010 (33,980) Remove budget for Brash 601-508-000-4010 (3,150) Remove budget for Brash 101-601-000-4010 (55,500) Delay park manager 101-604-000-4020 4,000 Increase part time help 101-604-000-4025 5,000 Increase temp help 101-702-000-4480 (9,000) Cut cell tower study 101-702-000-4490 (9,000) Cut consulting fees 101-707-000-4480 (4,500) Cut fees (351,630) Packet Page Number 34 of 192 ITEM # G3 AGENDA REPORT TO:Jim Antonen, City Manager FROM:Karen Guilfoile, City Clerk DATE:September 22, 2010 RE:Resolution Certifying Election Judges for the November 2,2010StateGeneralElection RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED , that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2010 State GeneralElectionto be held on Tuesday, November 2, 2010. Ahrens, Fran Droeger, DianeHerber, Darlene Albu, Josephine DuCharme, FredHess, Harland Albu, Verle Duellman, AudreyHilliard, Barb Anderson, BeverlyEickhoff, Carolyn Hilliard, Emma Anderson, ElsieErickson, Elizabeth Hines, Constance Anderson, SuzanneErickson, Eric Hinnenkamp, Gary Anderson, VivianErickson, Sue Horgan, Gerald Ansari, AhsanEvans, Carol Horgan, Sharon Arnold, Ajla Evans, JoanHulet, Jeanette Arnold, Carole Feld, RobynHulet, Robert Barrett, Marlis Fernholz, JeanHutton, Marcia Bartelt, Joan Finch, RobertaIversen, Mildred Bedor, David Fischer, LorraineIversen, Thomas Behr, Jeanette Fischer, MaryJacobs, Scott Belland, JaimeFischer, Peter Jagoe, Carol Berry, RobertFitzgerald, Delores Janacek, Jeffrey Bolden, DonitaFosburgh, Anne Jefferson, Gwendolyn Bollar, RobertFowler, Cynthia Johannessen, Judith Bortz, AlbertFrancis, Gretchen Johansen, Kathleen Bortz, JeanneFrancis, Robert Johnson, Barbara Breidenstein, Anna Marie Franssen, Maryann Johnson, Mary Brooks, Jean Ann Franzen, James Johnson, Warren Bunkowske, Bernice Freer, Mary Jo Johnson, Wendy Cahanes, Lucille Friedlein, Charlene Jones, Julia Carbone, Joyce Friedlein, Richard Jones, Shirley Carle, Jeanette Fritsche, Samantha Jurmu, Joyce Cleland, Ann Fuller, Mary KatherineKirchoff, Harold Cohn Madson, Debra Galligher, PatriciaKnauss, Carol Combe, Edward Gebauer, MarilynKnutson, Lois Connelly, Thomas Gebauer, VictorKoch, Rosemary Connolly, Colleen Gierzak, Sister ClariceKramer, Dennis Cotter, Cathleen Golaski, Diane Kramer, Patricia D'Arcio, IndiaGudknecht, Jamie Krause, Bruce Davidson, MarianneGunn, Jaclynn Krekelberg, Mona Lou Davis, GregoryGuthrie, Rosie Kroll, Lisa Deeg, EdwardHaack, Donita Kwapick, Clemence Demko, FredHafner, Michael Kwapick, Jackie DeZelar, Phil Hart, BarbaraLackner, Marvella Dicks, Judy Hecht, LloydLampe, Charlotte Dickson, Helen Jean Heininger, GordonLarson, Michelle Page 1 of 2 Packet Page Number 35 of 192 Lauren, Lorraine Newcomb, Winifred Schroepfer, Harriet LaValle, FayleneNichols, Miranda Schultz, Louise Lawrence, DonnaNieman, James Shankar, Ananth Lee, Debbie Nieters, LouiseShores, Teresa Leiter, Barbara Nissen, Helen Skaar, Susan Leo, Ann Niven, AmySpangler, Bob Leo , Pati Norberg, Ann Spies, Louis Leonard, Claudette Noyes, Douglas Stafki, Tim Lincowski, Steve O'Brien, D. William (Bill) Steenberg, Judith Lincowski, ViOlson, Anita Steenberg, Richard Lockwood, JackieOlson, Lois Stenson, Karen Lodge, AudreyOlson, Norman Stevens, Sandra Loipersbeck, DarleneOslund, Kathryn Stevenson, Emily Loipersbeck, JulesOverstreet, Sherri Storm, Mary Lowe-Adams, ShariPaddock, Ken Strack, Joan Lowery, David Parent, Dian Sward, John Lucas, Lydia Pariana, Patrice Taylor, Lorraine Luttrell, Shirley Pehl, David Taylor, Rita Lynne, Carole Peitzman, Lloyd Thormforde, Faith Mahowald, Valerie Peper, Marilyn Tillman, Leila Mahre, Jeri Pickett, William Tolbert, Franklin Manthey,John Popham, MikeTrippler, Dale Marsh, Delores Priefer, BillTschida, Micki Maskrey, Thomas Rahn, DelbertUrbanski, Carolyn Mauer, Mary Lynn Renslow, RitaUrbanski, Holly Mauston, Shelia Rodriguez, Vincent Urbanski, Michelle McCann, John Rohrbach, Charles Urbanski, William McCarthy, Peggy Rohrbach, Elaine VanBlaricom, Beulah McCauley, Judy Roller, Carolyn Vanek, Mary McCormack, Melissa Rongstad, Fran Vatne, Mary Mechelke, Geraldine Ronholm, Mary Volkman, Phyllis Mechelke, Mary Lou Rowe, Charles Walstead, Patricia Meehan, James Ruby, ShirleyWandersee, Gene Meister-Westermann, Jean Rudeen, ElaineWasmundt, Gayle Miller, Charlotte Sandberg, JanetWebb, Paulette Moran, Joyce Satriano, PaulineWeiland, Connie Motz, Betty Sauer, ElmerWhitcomb, Larry Mudek, Dolores Sauer, KathleenWilly, John Mudek, LeoSauro, Janet Witschen, Delores Muraski, GerryScheunemann, Marjorie Wood, Susan Myster, ThomasSchiff, Marge Yorkovich, Cindy Neis, ClaraSchluender, Cynthia Zacho, Karen Nephew, ShellySchluender, David Zian, Helen Nettleton, Janet Schneider, Mary Ann Newcomb, Mary Schoenecker, Sandra Recommendation of the approved list of election judges is requested. Approval of this Resolution does not qualify individuals to serve as election judges. Appointments will be made from this list to fill the needed positions but not everyone on this list will be appointed. Additionally, individuals that have not completed the required election judge training and completed the paperwork required by the city will not be permitted to work unless they have met these requirements. Page 2 of 2 Packet Page Number 36 of 192 AgendaItem G4 AGENDA REPORT TO: FROM: DATE: RE: Introduction RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, to be used on November 20, 2010. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation Packet Page Number 37 of 192 Packet Page Number 38 of 192 Packet Page Number 39 of 192 Packet Page Number 40 of 192 Packet Page Number 41 of 192 Packet Page Number 42 of 192 Packet Page Number 43 of 192 Packet Page Number 44 of 192 Jim Antonen, City Manager Karen Guilfoile, Citizen Services Director DuWayne Konewko, Parks & Recreation Director Christie Penn, Banquet & Event Manager September 17 for the September 27 City Council Agenda Community Center Catering Provider Request for Proposal The City of Maplewood is seeking proposals to enter into an agreement with a maximum of three exclusive food service providers to supply food catering services for the Maplewood Community Center. Selected Caterers will supply food service and/or non-alcoholic beverages for banquets, meetings, special events and other functions conducted at the MCC. The Caterers will not be allowed to provide alcoholic beverages for the MCC as this will be the sole responsibility of the Liquor Provider. The intent is to have the selected Caterers available for service by January 1, 2011. The Maplewood Community Center opened to the public in October 1994. The MCC boasts a banquet facility that can accommodate up to 350 guests. Annually we host over 25 wedding receptions, 6 large community events and over 500 meetings/events. The City of Maplewood has entered into an exclusive catering agreement for food that provides the City with a percentage of revenue from gross sales. The percentage rates established for food are as follows: 10% Monday – Thursday 15% Friday – Sunday The proposed RFP outlines the catering provider’s responsibilities, accounting procedures, Community Center responsibilities and request for references. The terms of the agreement will be for a three-year period running through December 31, 2012. The City will be receiving proposals until 1:00PM on Monday, October 25, 2010. Following a background check by the city police department and reference check by our department, we will be providing a recommendation to the City Council for the caterers at the December 13 City Council meeting. Staff recommends that the City Council adopt the request for proposal for catering providers as outlined with the understanding that the City Council will be making a final selection at the December 13 City Council meeting. Packet Page Number 45 of 192 City of Maplewood MaplewoodCommunity Center September 2010 Packet Page Number 46 of 192 Maplewood Community Center Food Caterer Request For Proposal The City of Maplewood is seeking proposals to enter into an agreement with a maximum of three (3) exclusive food service providers (here in after referred to as “Caterers”) to supply food catering services for the Maplewood Community Center (here in after referred to as “MCC”). Selected Caterers will supply food service and/or non-alcoholic beverages for banquets, meetings, special events and other functions conducted at the MCC. The Caterers will not be allowed to provide alcoholic beverages for the MCC as this will be the sole responsibility of the Liquor Provider. The intent is to have the selected Caterers available for service by January 1, 2011. Those selected will be the only Caterers available to MCC event holders unless the event has been booked prior to January 1, 2011 and an alternative food service contracthas been previously entered into. For the privilege of being an exclusive Caterer, the Caterers will be required to pay the MCC a percentage of the revenues generated from MCC events on a monthly basis. MCC has been in the meeting and event business for over 14 years and averages over 25 weddings and more than 400 meetings per year. Able to accommodate up to 350 guests, MCC offers a central location and easy accessibility in our beautiful 5,000 square foot banquet facility. The spacious dance floor, sheltered patio, and 21-foot bay window all provide a special elegance to the venue, making it a premier facility for weddings and other events. Moreover, the MCC is actively marketed to maintain its popularity. The room is frequently booked 8 – 12 months in advance for weddings, meetings, fundraisers, tradeshows, and other special weekend events. Weekday events include business luncheons, workshops and seminars.The MCC is primarily responsible for marketing the facility; however, the selected Caterers will be responsible for providing marketing support and assistance as well. MCCcustomers are diverse in age and culture.Our customers have high expectations and varying food needs. Caterers are required to offer food appealing toall customers and offer a wide price range of menu options, including options that can be adapted to meet dietary needs, ethnic customs, etc. The MCChas one licensed catering kitchen adjacent to the banquet room. Caterers can use this kitchen to warm/servefood usingexisting equipment and shelving.Equipment brought in by the Caterer must meet health department and city/state codes. It is the Caterers responsibity to provide, at their cost, accommodations as required by authorizing agencies for such things as grills, pig roasters, etc. Caterers will supply food, service staff, tableware and linens for banquets, buffets, meetings and special events. The Catererwill not be responsible for providing alcoholic beverages but maybe asked to clear alcoholic beveragesat tables as part of the meal function. The selected Caterers must secure all property, as the MCCwill not be responsible for lost or stolen items. The selected Caterers will be required to paythe MCCa percentage of the revenuesgenerated through food service, beverage service and other services provided, including rental items and decorationsfrom all MCC events. The percentage paid to the MCCwill be based on the final gross bill, excludingtax and gratuity.Caterers mustinclude in their proposal the percentage payable tothe MCCas an exclusive Packet Page Number 47 of 192 Maplewood Community Center Food Caterer Request For Proposal caterer. The MCCwill consider only those proposals that offer the MCCpercentages that are a minimum of: 10% of all gross sales for service scheduled Monday through Thursday 15% of all gross sales for service scheduledFridaythrough Sundayand on Holidays The event host must meet the food minimum purchase amount for their event. The minimum must be met prior to tax or service charge. TheMCC has placed the following food minimums for weekend events: $15.00 Per Plate Served If the minimum is not met the difference will be applied to the customer. The regular room rental fee still applies regardless of the meetingofthis minimum and willnotbewaived. The MCC Banquet and Event Manager will collect the room rental fee, room deposit, and rental equipment fee. However, the collection of all deposits and fees for catering charges isthe sole responsibility of the Caterer. Non-payment by a client to the Catererfor services rendered will not negate payment of the commission revenue to the MCC. The Catereragrees to pay the MCC the commission revenues based on the final gross billing for each event. The Caterer will supply one copy of the final billing for each event in a given month to the Banquet and Event Manager by the 15th of the following month, along with payment. Delinquent payments will be charged $50 every 30 days, starting with the first day payment islate. The City reserves the right to inspect all financial records for an event. Providers must provide documentation within two business days upon request. Provide professional staff that will maintain a consistently high level of both service and appearance. Wait staff must be able to distribute and clean up alcoholic beverages at tables as part of a meal function if requested. Provide pre-event customer service in a timely and professional manner. Providefood tasting for current and potential MCCcustomers. Provide multi-level price list with wait staff, tableware and linens included. Provide varied menus to meet customer’s needs and accommodate small and large events. Provide appropriate staffing to prepare, serve andhost food events. Provide sufficient daytime staff when necessary. Provide MCCwith a copy of the current Health Department License and Certified Food Managers License during the term of the contract. Provide MCCwith proof ofbondingby the State of Minnesota. Work with customers directly to provide food service for their event. Provide marketing/menu information to assist MCCwith potential renters. Designate an on-site coordinator for each event to work with MCCstaff throughout the event. Coordinate set-up of room(s) with MCCstaff. Follow all procedures and policies set by the MCCpertaining to the food operation. Packet Page Number 48 of 192 Maplewood Community Center Food Caterer Request For Proposal Adhere to standards set forth in Minnesota Statues and the Department of Health. Work cooperatively with beverage service provider at events, including clearing alcoholoff tables. Keepthe kitchen, storage areas, and receiving areas clean. Assist with cleaning and maintenance of banquet room as needed. Provide a detailed accounting of events held at the MCCand make fee payments to MCCin a th timely manner, per month by the 15of following month. Provide no more than two sponsored City events, at cost, with no commission received by the City of Maplewood. Provide Catering kitchen with existing equipment(warming ovens, coolers, freezer, prep and work area and rinsing dishwasher). Charge and collect rental fees fromrental groups and schedule events. Provide tables and chairs for banquet room set-ups and set the room in auniform fashion. Provide basic custodial service for cleaning and setup. Identify up to twoliquor providersfor full beverage service through a separate agreement. Work cooperativelywith Caterers toensure successful events. Provide overhead expenses; lights, heat, air conditioning, etc. Provide necessary cleaning suppliesfor the maintenance of the MCC kitchen. Licensethe kitchen with the Minnesota Department of Health. Arrange meetings withCaterers and Beverage Provideras needed. Provide additional event support; including, but not limited to (i.e. A.V. equipment and sound). Caterers need to identify specific menu, cost per plate/person and any other extraneous fees potential customers would be responsible for, i.e. tax, gratuity, etc. Caterers need to identifyhow changes to menu items and fees will be handled allowing enough lead time for MCCto keep their information current.Price changesneed the approval of the Banquet and Event Manager before they can be implemented.Prices mayonly be increased once per year at adesignated time each year. Identify any service beyond that stated above that will benefit the MCCor MCCcustomers (i.e. advertising, existing clientele base, sponsorship of special event(s),unique offerings,etc...) Provide responses to the following scenarios: Scenario I You have a wedding reception that has a total count of 215 (which includes the head table). Event budget is $6,500.00. 25 rounds, with eight per round, for a total of 200 guests – table coverings needed 4 standard 8-foot banquet tables for a head table of 15 – table coverings and skirting needed 1 round cake table – table coverings and skirting needed 3 banquet tables for a T-style buffet – table coverings and skirting needed 2 banquet tables for beverages – table coverings and skirting needed Salad Packet Page Number 49 of 192 Maplewood Community Center Food Caterer Request For Proposal Dinner Rolls Entrée 2 Side Options Punch Coffee Water Liquor Provider will be supplying two bars from 5:00PM – 12:00AM and will be hosting pop throughout the event Wedding party is providing cake but would the caterer to cut and serve. Pleaseinclude a proposed menu andinclude all quantities for required items includingcost per item, number of staff, gratuities, any up-charges, and the final grand total cost to the wedding party. Scenario 2 You have a wedding reception that has a total count of 160 (which includes the head table). Event budget is $4,500.00. 19 rounds, with eight per round, for a total of 200 guests – table coverings needed 3 standard 8-foot banquet tables for a head table of 10 – table coverings and skirting needed 1 round cake table – table coverings and skirting needed 3 banquet tables for a T-style buffet – table coverings and skirtingneeded 2 banquet tables for beverages – table coverings and skirting needed Salad Dinner Rolls Entrée 2 Side Options Punch Coffee Water Wedding party is providing cake but would the caterer to cut and serve. Pleaseinclude a proposed menu andinclude all quantities for required items includingcost per item, number of staff, gratuities, any up-charges, and the final grand total cost to the wedding party. Packet Page Number 50 of 192 Maplewood Community Center Food Caterer Request For Proposal Caterer shallfurnish two dates between October25andDecember 3, 2010when they will be providing catering servicesso that City of Maplewoodrepresentatives can attend to see first hand how service staff performs. Please provide information on menus being served, number of people attending and type of event. Caterer shall include at least five (5) event references that demonstrate a full range of Caterers experience. Experience must include wedding receptions and/or banquets. Each event should include: type of event, menu, who event was for, where it was hosted and the total number of people in attendance. Please include any extraordinary elements of the event. Caterer shall identify members of their staff that will provide catering service at events, their background experience and number of years associated with the Caterer. Caterer shall identify member(s) of their staff that will be responsible for supervising events, their background experience and number of years associated with the Caterer. Caterer shall furnish two dates between October 25andDecember 3, 2010 and prepare a meal for the city representatives to sample a menu selection with meals priced at approximately $15.00 per person and $25.00per person, as they would be offered to banquet customers with additional 3 appetizers and 3 dessert options. The MCC Banquet and Event Manager will contact Caterers to schedule times once the scope has been narrowed. Non-performance: It is the Caterer’s responsibility to familiarize themselves and their staff as to the requirements of the contract and to perform all tasks in an acceptable timely manner. It is not the City’s responsibility to remind the Caterer of the contract requirements. This includes knowingand enforcing facility rules pertaining to the grounds,room, or patiouse (i.e. decorating, candles,permitted driving/access areas etc). The agreement shall be effective January 1, 2011 to December 31, 2013. If the Caterer’s contract is not chosen for the following contract period, Caterer will remain responsible for providing services to the rentals booked at the MCC for which they had committed to before the time of contract termination. The Banquet and Event Managerand the catering company owner (or owner’s representative) shall work to positively resolve any service/performance issues that may arise. If the issue is not able to be resolved within 30days, either party may terminatethis agreement with a thirty (30) day written notification. The MCCreserves the right to terminate the contract with the Caterer with a 30 day written notification if there are service, performance, health or safety issues that are impeding the success of reserved events. At the discretion of theBanquet & Event Manager, the Caterer will remain responsible for providing service to the rentals booked at the MCCfor which they had committed to prior to the time of the written notification. In consideration of being allowed to use the MCC, the Caterershereby voluntarily assumeall risks of accident or damage to its property and to the persons and property of its employees. The Caterers hereby agrees to defend, indemnify and hold harmless the City of Maplewoodand Maplewood Community Center, respective officers, employees, agents and insurers from damages solely caused by the intentional action of the Caterers representatives and employees. The respondent shall supply fivecopies of the Request for Proposal suitable for reproduction and distribution to appropriate City officials. Responses are to be delivered to Maplewood City Hall, no later than 1:00PM on Monday,October 25, 2010. Maplewood City Hall is located at 1830 East County Road B, Maplewood, MN 55109. Note: Faxes and e-mailed responses will not be accepted. 1:00PM on Monday, October 25, 2010. Packet Page Number 51 of 192 Maplewood Community Center Food Caterer Request For Proposal Responses are to include the following: Name, address, phone, fax, e-mailand website addressof responding company Name, address, phone, fax, e-mail of representative of responding company Detaileddescription of catering service History of company Revenue percentages as described in the section titled “Financial Arrangements” Price range proposals as listed in the section titled “Fees/Costs” Sample Menus as described in the section titled “Fees/Costs” Identify any additional services as listed in the section titled “Fees/Costs” References as described in the section titled “References” Statement of intent to provide requested services for the MCC Statement of capability for licensing, bonding and insurance Statement of marketing plan with goals and objectives Send responses to:Christie Penn Maplewood Community Center 2100 White Bear Avenue Maplewood, MN 55109 Proposals may not be withdrawn for 60 days after the receipt of proposals without the consent of the City of Maplewood. Any interested responder may contact the following individual with questions. All questions must be submitted in writing. Christie Penn Maplewood Community Center 2100 White Bear Avenue Maplewood, MN 55109 Fax: 651-249-2249 Email: christine.penn@ci.maplewood.mn.us A pre-proposal question and answer meeting will be held on October 18at 11:00AMat the Maplewood Community Center, 2100 White Bear Ave. A tour of the banquet and kitchen facilities will start at 11:00AM, with the meeting starting at 11:30AM. We will not be scheduling individual tours outside of this date. Proposing Caterers and their representatives are prohibited from contacting any elected official for purposes of lobbying to secure this contract.Contact with City Council members during the pendency of the award of the contract will result in immediate disqualification of the bid. Packet Page Number 52 of 192 Maplewood Community Center Food Caterer Request For Proposal The City of Maplewood intends to enter into a contract with Caterersthat best satisfies the needs of the City. The City of Maplewood reserves the right to reject any and all proposals and to act in the best interest of the City and its citizens. This RFP does not commit the City to award contract or share in any expenses of preparing these proposals, or travel expenses related to the proposal or interview process. Packet Page Number 53 of 192 Packet Page Number 54 of 192 Packet Page Number 55 of 192 Packet Page Number 56 of 192 Packet Page Number 57 of 192 Packet Page Number 58 of 192 Packet Page Number 59 of 192 Proposals may not be withdrawn for 60 days after the receipt of proposals without the consent of the City of Maplewood. Packet Page Number 60 of 192 Item G10 MEMORANDUM TO: Chuck Ahl, Assistant City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: September 22, 2010 SUBJECT: Fee Waiver for Use of the Community Center Background On October 22, 2010 the Historical Preservation Commission will be holding their Halloween Hoe Down which is their annual fundraising event. The Maplewood Preservation’s Conditional Use Permit (CUP) for the use of the Bruentrup Heritage Farm Site was approved in July of 2009. Prior to the July 2009, CUP approval the use of the Community Center with the fee waived for the event was included as a condition of the permit. However, this provision was removed in the July 2009, CUP. Charlotte Wasiluk, on behalf of the Commission, is requesting that the fee for use of the Community Center banquet room and the childcare or craft room for the Hoe Down be waived. Normal cost for this rental would be $750 for banquet room and approximately $240 for the use of the craft room or child care room. Consideration Council is requested to considering reducing or waiving the fee for this annual event. Packet Page Number 61 of 192 Agenda Item G 11 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/Dep. Public Works Director Steven Love, Assistant City Engineer SUBJECT:Upper Afton Road Improvements, Project 07-27, Resolution Approving Final Financing and Closure of Project Fund 589 DATE: September 10, 2010 INTRODUCTION The contractor, T.A. Schifsky and Sons, has completed the project improvements, the project has been accepted, and final payment has been made. The council will consider adopting the final financing plan in order to close out the project fund. BACKGROUND This project involved the reconstruction of Upper Afton Road lying between McKnight Road and Century Avenue totaling approximately 0.97 miles. The project included the reconstruction of the street, storm sewer structure repair, sanitary sewer structure repair, replacement of damaged concrete curb and gutter, and replacement of damaged concrete walk panels. On June 9, 2008 the council awarded the contract in the amount of $698,896.40. During construction there were no change orders and the final amount earned by the contractor was $614,422.49. BUDGET The approved budget for the project is $1,091,300.00. To date, the total project cost is $842,116.32. Staff is recommending the following financing plan and closure of the project. Final Financing Plan Current Financing Plan $ 735,100.19 MSA Bond Sale Proceeds $ 650,290.00 $ 33,972.71 (approved & levied) Special Assessments $ 41,010.00 $ 33,458.95 Sanitary Sewer Fund $ 200,000.00 $ 33,458.95 Environmental Utility Fund $ 200,000.00 $ 6,175.52 Interest on Investments - $ - Driveway Program - $ 842,166.32 TOTAL $ 1,091,300.00 RECOMMENDATION Staff recommends that the council authorize the finance director to implement the final financing plan, transfer any excess funds to the PIP fund account, and to close project fund 589 for City Project 07-27. Attachments: 1. Resolution 2. Location Map Packet Page Number 62 of 192 Agenda Item G 11 Attachment 1 RESOLUTION APPROVING FINAL FINANCING AND CLOSURE OF PROJECT FUND 589 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered improvement to City Project 07-27, Upper Afton Road Improvements, and the City Council accepted the project and approved final payment on February 23, 2009. The total project cost is $614,422.49. NOW, THEREFORE, BIT IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the finance director is hereby authorized to make the financial transfers necessary to implement the final financing plan and transfer any excess funds to the PIP Account: Final Financing Plan $ 735,100.19 MSA Bond Sale Proceeds $ 33,972.71 (approved & levied) Special Assessments $ 33,458.95 Sanitary Sewer Fund $ 33,458.95 Environmental Utility Fund $ 6,175.52 Interest on Investments $ - Driveway Program $ 842,166.32 TOTAL TH Approved this 27 day of September 2010 Packet Page Number 63 of 192 Agenda Item G 11 Attachment 2 Packet Page Number 64 of 192 Agenda Item G 12 AGENDAREPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director SUBJECT: White Bear Avenue / County Rd D Improvements, City Project 08-13, Approval of Cost-Share Agreement Amendment with Ramsey County DATE: September 15, 2010 INTRODUCTION The council will also consider approving a cost-share agreement amendment with Ramsey County in order for the city to be fully reimbursed by Ramsey County for the consulting services contract. BACKGROUND On November 24, 2008 the city council approved a cost-share agreement with Ramsey County for Project 08-13. The city contracted with Kimley-Horn and Associates, Inc. for final design of the project and Ramsey County agreed to reimburse the city for the consulting services provided by Kimley-Horn. On October 12, 2009 an amendment to the original cost-share agreement was approved by the council for site planning to assist with the Ramsey County’s Right of Way acquisition process; additional final design services for the reconstruction of County Road D (Flandreau Street to White Bear Avenue); and additional final design services for White Bear Avenue at a cost not to exceed $275,000. The County and the City of Maplewood wish to make a second amendment to the cost-share agreement for additional services provided by Kimley-Horn in the amount of $160,000 for additional design, inspection, right-of-way acquisition services, and other services defined in the services agreement. The City is administering the contract with Kimley-Horn on behalf of the County. BUDGET No adjustments to Maplewood’s contribution are expected at this time. RECOMMENDATION It is recommended that the city council approve the cost-share agreement amendment with Ramsey County and authorize the mayor, city manager, and city attorney to execute the agreement on behalf of the city. Attachments: 1. RAMCO Cost-Share Agreement Packet Page Number 65 of 192 Agenda Item G 12 Attachment 1 SECOND AMENDMENT TO COST SHARE AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF MAPLEWOOD WHEREAS, Ramsey County (“County”) and the City of Maplewood (“City”) entered into Agreement PW 2008-16 on December 12, 2008 (“Cost Share Agreement”) for cost sharing for final Professional Engineering Services for the Reconstruction of White Bear Avenue from County Road D to Radatz Avenue (“Project”) to be provided by Kimley-Horn and Associates, Inc. (“Consultant”) under contract with the City of Maplewood in the sum of $767,440; and WHERAS, The City amended its contract with the Consultant for additional Professional Engineering Services at an increased cost of $275,000; and WHEREAS, The County and the City executed an Amendment to the Cost Share Agreement on November 24, 2009, to increase the cost of the Professional Engineering Services by the Consultant for the Project by $275,000, resulting in a total contract amount of $1,042,440.00; and WHEREAS, The County, in cooperation with the Minnesota Department of Transportation and the City of Maplewood, has prepared a preliminary layout plan for the Project for the interchange of I-694 and White Bear Avenue and for County Road D from Flandreau Street to White Bear Avenue; and WHEREAS, The City has amended its contract for Professional Engineering Services with the Consultant for additional site planning to assist with the County’s Right of Way acquisition services, additional final design services, and construction administration services for the Project for an additional cost not to exceed $160,000, resulting in a total contract of $1,202,440.00; and WHEREAS, The County and the City wish to amend the Cost Share Agreement for cost sharing for the additional services to be provided by the Consultant under its amended agreement with the City of Maplewood; Therefore The parties agree to amend the Agreement as follows: 1. The City shall administer its contract with Kimley-Horn for the additional services and shall make payment for all services rendered.The County will reimburse the City for the cost of the additional services to be provided by Kimley-Horn through Individual Project Order 30H. Amendment to the Agreement with the City of Maplewood, up to a maximum not to exceed sum of $160,000. The County will reimburse the City for all payments made for these services upon submission by the City of a properly documented invoice. 2. Except as modified herein, the terms of the Cost Share Agreement, as amended, shall remain in full force and effect. Second Amendment to Cost Share Agreement with City of Maplewood Reconstruction of WBA Co Rd D-Radatz Page 1 of 2 Packet Page Number 66 of 192 Agenda Item G 12 Attachment 1 WHEREFORE, this Second Amendment is duly executed on the last date written below. RAMSEY COUNTY THE CITY OF MAPLEWOOD By: Julie Kleinschmidt, County Manager Print Name: Title: Mayor Date: _______________________________ Date: ______________________________ Approval recommended: By: ________________________________ Kenneth G. Haider, Director Print Name: _________________________ Public Works Department Title: City Manager Date: ______________________________ Approved as to form and insurance: Approved as to form: ___________________________________ Assistant County Attorney City Attorney Second Amendment to Cost Share Agreement with City of Maplewood Reconstruction of WBA Co Rd D-Radatz Page 2 of 2 Packet Page Number 67 of 192 Agenda Item G13 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director Steven Love, Assistant City Engineer SUBJECT: Sidewalk Improvement (County Rd C East of White Bear Ave), Project 10-08 1. Report on Cost of Work Done by Day Labor 2. Resolution Accepting Work and Authorizing Budget Transfer DATE: September 15, 2010 INTRODUCTION The city council will consider adopting a resolution accepting work done by day labor for the sidewalk improvement along English Street. DISCUSSION The city had previously received requests to install a section of sidewalk connecting the existing sidewalk on the east side of White Bear Avenue to the existing sidewalk on the north side of County Road C. This improvement completed the pedestrian connection from McKnight Road to White Bear Avenue. Council gave approval to proceed with this work at the July 26, 2010 regular meeting. The project was estimated to be well under $25,000 and under MN Statute 429, the City is allowed to utilize City Forces (staff) to complete the work. BUDGET The original estimate for total project costs with contingencies was $8,500.00. A certified itemization of actual project materials and labor costs is provided in the attached report. The final amount is calculated at $7,803.21. This public improvement project utilizes excess Public Improvement Project (PIP) Funds. Excess PIP Funds in the amount of $8,500.00 have been transferred from Carsgrove Meadows Area Street Improvements, City Project 08-10, into the Street Maintenance budget 101-502- 000-4180. It is recommended that finance director adjust the budget to reflect the total costs to complete work based on the Report on Cost of Work Done by Day Labor. RECOMMENDATION It is recommend that the city council approve the attached Report on Cost of Work Done by Day Labor for the Sidewalk Improvement (County Road C East of White Bear Ave), City Project 10-08, and also approve the resolution for accepting the work and authorizing a budget transfer.   Attachments: 1. Report on Cost of Work Done by Day Labor 2. Resolution Accepting Work & Budget Transfer Packet Page Number 68 of 192 Agenda Item G13 Attachment 1 REPORT ON COST OF WORK DONE BY DAY LABOR CITY PROJECT 10-08 TO THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: As the registered engineer in charge, I hereby certify that the improvements for the Sidewalk Improvement (County Road C East of White Bear Ave), City Project 10-08, have been completed according to the plans and specifications approved by the council on July 26, 2010 and that the $7,803.21 complete cost of the work is itemized as follows: $ 2,611.65 A. Materials: Base, concrete, pedestrian ramp, other: $ 5,191.56 B. Public Works Streets Department Day Labor 2010: Total = $ 7,803.21 Only minor deviations from the plans and specifications were required for the work completed. Steven W. Love, P.E., P.L.S. Maplewood Assistant City Engineer Reg. No. 41349 Packet Page Number 69 of 192 Agenda Item G13 Attachment 2 RESOLUTION ACCEPTING WORK AND AUTHORIZING BUDGET TRANSFER CITY PROJECT 10-08 WHEREAS, pursuant to resolution passed by the city council on July 26, 2010, ordering the Sidewalk Improvement (County Road C East of White Bear Ave), City Project 10-08, city staff has satisfactorily completed the improvement in accordance with the approved plans and specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The work completed under said contract is hereby accepted and approved by the City. 2. The finance director is authorized and directed to make the necessary budget adjustments to reflect the total cost to complete the work as outlined by the Report on Cost of Work Done by Day Labor. th day of September, 2010. Approved this 27 Packet Page Number 70 of 192 Agenda Item G14 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director Steven Love, Assistant City Engineer Jon Jarosch, Staff Engineer SUBJECT: Community Center Trail Improvement (County Road B to Community Center), Resolution Ordering Transfer of Funds for Purchase of Materials DATE: September 16, 2010 INTRODUCTION The city council will consider adopting a resolution ordering the transfer of funds for the purchase of materials for the construction of a trail connecting County Road B and the Community Center along the west side of the City Hall entrance road. DISCUSSION In the interest of providing a safe route for pedestrians to access the Community Center from County Road B, staff has designed a trail connecting the two locations along the west side of the City Hall entrance drive (see attached plan sheet). This trail is 8-feet wide and incorporates the Americans with Disabilities Act standards for accessible routes. Other items included with the design of the trail are grading, turf restoration, a rainwater garden near the Parks Maintenance building, and plant installations. If approved the majority of the trail improvements will occur this October. BUDGET A preliminary estimate for materials is $10,795. An itemization of actual project costs will be provided to the council when the work is completed. This proposed project will utilize the Park Development funds for the purchase of materials. Assuming a 10% contingency, it is recommended that $12,000 in funds be transferred from the Park Development Fund into the Street Maintenance budget (101-502- 000-4180) for the purchase of materials. RECOMMENDATION It is recommended that the council approve the attached Resolution ordering the transfer of funds for purchase of materials for the Community Center Trail Improvement (County Road B to Community Center).  Attachments: 1. Resolution Ordering Transfer of Funds for Purchase of Materials 2. Plan Sheet Packet Page Number 71 of 192 Agenda Item G14 Attachment 1 RESOLUTION ORDERING TRANSFER OF FUNDS FOR PURCHASE OF MATERIALS th WHEREAS, on this 27 day of September 2010, the city engineer has presented plans and specifications for the Community Center Trail Improvement (County Road B to Community Center), AND WHEREAS adoption of the resolution ordering transfer of funds for purchase of materials shall signify approval of plans and specifications, AND WHEREAS, the project is currently estimated at $12,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The city engineer shall proceed under the direction of the council, as given from time to time, to carry on all work in connection with such improvement in accordance with the plans and specifications herein approved. 2. The finance director is hereby authorized to transfer $12,000 into the Street Maintenance budget (101-502-000-4180) from the Park Development Fund, in order to purchase materials to construct the trail improvement. Packet Page Number 72 of 192 Agenda Item G14 Attachment 2 Packet Page Number 73 of 192 Agenda Item G15 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Conditional Use Permit Review—Midwest Grounds Maintenance Company LOCATION: 1949 Atlantic Street DATE: September 17, 2010 INTRODUCTION The conditional use permits(CUP) for Midwest Grounds Maintenance Company located at 1949 Atlantic Street (Gladstone neighborhood)aredue for review.The CUPswererequired for exterior storage and the constructionof a metal building within the business commercial zoning district. BACKGROUND February 9, 2004: The city council approved a minor subdivision to subdivide 1949 Atlantic Street into two separate lots and also approved three CUPs as follows: 1) exterior storage for Ohlson Landscaping at 1949 Atlantic Street; 2) construction of a 3,264-square-foot metal building within the business commercial zoning district at 1949 Atlantic Street for Ohlson Landscaping; and 3) exterior storage for Oehrlein Property Maintenance at the newly subdivided and vacant lot located north of 1949 Atlantic Street. Refer to the attached city council minutes (Attachment 3). August 22, 2005: The city council reviewed Ohlson Landscaping’sCUPs. The city council waived the requirement to pave Ohlson Landscaping’s parking lot for one year (August 22, 2006) pending the outcome of the Gladstone redevelopment concept plan. The city council required the owners to complete all other exterior improvements including fencing,landscaping, and grading by October 31, 2005, with review again in November 2005 to ensure this completion. November 28, 2005: The city council reviewed Ohlson Landscaping’s CUPsand requested review again to ensure completion of all required exterior improvementswhich were not installed by the November 2005 deadline as specified above. November 27, 2006: The city council reviewed the CUPsand requested review again in two years to ensure completion of the parking lot. DISCUSSION Farid Atiyehpurchased the property at 1949 Atlantic Street in December 2005 from Erik and Stephanie Ohlson. The Ohlson’soriginally applied for and received the CUPs.Mr. Atiyeh operated a similar landscaping business as Ohlson Landscaping – which the CUPsallow. The CUPsrun with the property regardless of the current owner. The purchase agreement between Mr. Atiyeh and the Ohlson’s stated that Mr. Atiyeh was responsible for the paving of the parking lot. Mr. Atiyeh sought a waiver for this requirement from council in 2006. The waiver request was rejected meaning the paving of the parking lot is still a requirement of the CUPsfor 1949 Atlantic Street. The council required the parking lot to be paved within two years. Packet Page Number 74 of 192 Since the council’s last review, Mr. Atiyeh haspassed away leaving the property to his wife, Erin Atiyeh. Ms. Atiyeh has no intention or desire in continuing operating a business on this site or maintaining ownership of the property. The property is currently for sale and has been for a considerable amount of time. Staff has worked with Ms. Atiyeh’s family on researching the property’s history and provided documents and plans the city has on file to assist with the sale. Ms. Atiyeh currently has a purchase agreement for the property with an individual who intends to operate a business on the site similar to Mr. Atiyeh and as Ohlson Landscaping. The closing date for the purchase of this property has been set for September 28, 2010. Staff has spoken several times with the potential buyer and the buyer’s mortgage company regarding the conditions attached to the CUPsfor this site. The buyer and his mortgage company are fully aware of the paving requirement, as well as the other requirements ofthe CUPS for this site. Staff feels with the unexpected death of the current landowner and the property current not in use, it is reasonable to give a new property owner 18 months to complete the paving requirement to meet the conditions of the CUP. Staff feels 18 months is appropriate since the council had previously given the current owner two yearsto complete the paving. With a new owner coming in; staff wants to work with the new occupant to ensure all conditions of the CUPs, including but not limited to the paving of the parking lot, are being met.Staff has made it clear to the current and potential future property owners that allconditions of theCUPsmust be met within 18 months or be faced with potentialcouncil action, which could include revocation. Staff acknowledges the site has a ragged look and is overgrown with weeds currently, but the site has also been vacant for quite some time. Staff feels it will be a benefit to the neighborhood to continue working with the current owner and the potential new owner to get the site occupied again. RECOMMENDATION Approve the conditional use permits for 1949 Atlantic Streetand review again in March 2012 to ensure completion of the required parking lot pavement. P:Sec16\Midwest Grounds Maintenance\1949AtlanticCUP Review_092710 Attachments: 1. Location Map 2.Landscape Plan 3.February 9, 2004, City Council Minutes 2 Packet Page Number 75 of 192 Packet Page Number 76 of 192 Attachment 2 Packet Page Number 77 of 192 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M., Monday, February 9, 2004 Council Chambers, Municipal Building Meeting No. 04-03 H.PUBLIC HEARINGS 1. 7:10 p.m. Ohlson Landscaping-1949 Atlantic Street Lot Division Conditional Use Permit for Outdoor Storage Conditional Use Permit for Metal Building Conditional Use Permit for exterior storage within the Business Commercial Zoning District Design Approval a.City Manager Fursman presented the staff report. b.Associate Planner Finwall presented specifics from the report. c.Commissioner Desai presented the Planning Commission Report. d.Boardmember Ledvina presented the Community Design Review Board Report. e.Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Stephanie Jacques, the applicant, 1706 Barclay Street, Maplewood f. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to approve the lot division request to subdivide the property at 1949 Atlantic Street into two lots based on the following conditions: a. Provide a certified land survey showing the existing and proposed property lines and proposed building and parking lot. b. Deeds describing the two new legal descriptions, which must be stamped by the city. Ramsey County requires the city acknowledgment of approval to record the deeds. City code requires that the deeds be recorded with Ramsey County within one year of the date of lot division approval (February 9, 2005) or the lot division becomes null and void. c. There are pending assessments on this property. In order for the city to approve the lot division the applicants must submit confirmation that the payment of assessments are resolved between the two property owners to the satisfactionof the city engineer. 1 City Council Meeting 02-09-04 Packet Page Number 78 of 192 Seconded by Councilmember JuenemannAyes-All Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit for Thor and Jenny Oehrlein for exterior storage within the Business Commercial (VC) zoning district in order to store lawn are maintenance vehicles on Parcel A (north parcel)at 1949 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04-02-019 WHEREAS, Thor and Jenny Oehrlein applied for a conditional use permit for exterior storage within the business commercial zoning district for their property maintenance business; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The northerly ½ of the following lot: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: 1. On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city’s comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 2 City Council Meeting 02-09-04 Packet Page Number 79 of 192 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: 1.Exterior storage is limited to vehicles associated with a property maintenance business. All vehicles must be licensed and operable. No landscape material can be stored on the property, including but not limited to, lawn clippings, landscape rock, etc. 2.A 6-foot-high, solid wood, screening fence must be installed and maintained on the north property line. 3.There shall be no noise-making business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by city code. 4. The city council must approve a revision to this permit if the owner wants to put a permanent building on the site. 5.The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All Councilmember Rossbach moved to adopt the following resolution approving Erik Ohlson and Stephanie Jacques request for a conditional use permit to construct a 3,264- square-foot metal building within the Business Commercial (BC) zoning district on Parcel B (south parcel) at 1949 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04-02-020 WHEREAS, Erik Ohlson and Stephanie Jacques applied for a conditional use permit for the construction of a metal storage building that is 3,264 square feet in area and 25 feet in height within the Business Commercial zoning district; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The southerly ½ of the following lot: Vacated alley adjacent and accruing and except the 3 City Council Meeting 02-09-04 Packet Page Number 80 of 192 South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: 1. On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city’s comprehensive plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: 4 City Council Meeting 02-09-04 Packet Page Number 81 of 192 1.All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of city council approval or the permit shall become null and void. 3. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Koppen Ayes-All Councilmember Rossbach moved to adopt the following resolution approving Erik Ohlson and Stephanie Jacques request for a conditional use permit for exterior storage on Parcel B (south parcel) at 1849 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04-02-021 WHEREAS, Erik Ohlson and Stephanie Jacques applied for a conditional use permit for exterior storage within the business commercial zoning district for their landscape business; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The southerly ½ of the following lot: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: 1. On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city’s comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 5 City Council Meeting 02-09-04 Packet Page Number 82 of 192 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: 1. Exterior storage is limited to four landscape bins (8 feet wide x 8 feet deep x 6 feet high in size). Storage within the bins is limited to landscape goods or materials such as rock, mulch, sand, woodchips, etc. 2. The four landscape bins must be placed on the southeast side of the lot and must be screened from Atlantic Street with landscaping. 3. There shall be no noise-making business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by code. 4. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Juenemann Ayes-All Councilmember Rossbach moved to approve the plans (grading, utility, and landscape plans date-stamped November 18, 2003) FOR A 3,264 SQUARE FOOT METAL BUILDING AT 1949 Atlantic Street with following conditions: a.Repeat this review in two years if the city has not issued a building permit for this project. b. Provide the following for city staff approval before the city issues a grading or building permit: 6 City Council Meeting 02-09-04 Packet Page Number 83 of 192 1) A revised grading and drainage plan that addresses all engineering conditions as outlined in the January 5, 2004, engineering review and includes that the entire parking lot and driveway be paved. This plan must be approved by the city engineer prior to issuance of a grading permit. 2) A revised utility plan, subject to the city engineer’s approval. The applicants must sign a developer’s agreement with the City of Maplewood to ensure proper extension of city sewer and water to the site. 3) A revised site plan showing the following: a) The parking lot layout including the location of at least four striped parking spaces, with one of those spaces handicap accessible as required by the Americans with Disabilities Act. b) The driveway with a width of at least 20 feet is paved between the street and the parking lot. Any gate along this driveway must also open to a 20-foot width. c) The location of four landscape bins a maximum size of 8 feet wide x 8 feet deep x 6 feet high. 4) Revised elevations showing one exterior faucet located on the building, the proposed landscape bins to be constructed of concrete block, painted to match the building, and the southern chain-link fence with beige colored slats to match the building which creates an 80 percent opaque screen. 5) Building samples of metal panels, standing seam roof, trim, doors, wainscot, and fence slats. 6) A revised landscape plan that shows the following: a) Replacement of gravel on the north side of the building with grass or native plantings. b) Replacement of gravel on the west and south side of the building with landscaping rock three feet out from the building and sod used to cover the remaining ground. c) An infiltration basin/rainwater garden planting plan showing an adequate number of native plantings to address infiltration needs as required by the city’s engineering department. 7) The requirement for underground irrigation is waived if the applicants sign an agreement with the City of Maplewood stating that the owners will hand-water all landscaping, and any required landscape material that dies will be replaced. 8) A revised photometric plan showing the freestanding lights not to exceed 25 feet in height, including the base, and the light illumination from any outdoor light not to exceed .4 foot candles at all property lines. City Council Meeting 02-09-047 Packet Page Number 84 of 192 9) If trash is to be stored outside of the building, plans for a trash-dumpster enclosure is required. The enclosure must have gates that are 100 percent opaque, and the materials and colors of the enclosure shall be compatible with those of the metal building. 10) A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. c.Install all required exterior improvements including paving and striping the parking lot, installation of landscaping, installation of beige fence slats, installation of outdoor lighting, etc., before occupying the building. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. e.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes-All City Council Meeting 02-09-048 Packet Page Number 85 of 192 Agenda Item G16 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director SUBJECT: Approval of Resolution Accepting Donation for Memorial Tree at Joy Park DATE: September 20, 2010 for September 27, 2010 Council Meeting INTRODUCTION Karen Schultz served as the Valley Branch Watershed District (VBWD) recording secretary from October 1991 until her death in July 2009. She was a loyal worker and helped the watershed district accomplish its vision. The VBWD managers would like to plant a tree to honor Ms. Schultz on the site of a watershed district project and have selected Joy Park. VBWD has been an important partner in the improvements at Joy Park, assisting in planning for wetland mitigation and providing matching funds for Phase I shoreline restoration. The watershed district managers have given the city a $250 donation for a memorial tree and plaque at Joy Park to honor Ms. Schultz. City staff has found a location for the tree that fits well with the on- going improvements at the park. Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by a two-thirds vote. CONSIDERATION Approve the following resolution accepting the donation of $250 for a tree and memorial plaque. RESOLUTION ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Community Development and Parks Department has received a donation of $250 for a tree and plaque at Joy Park honoring Karen Schultz; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood and the Community Development and Parks Department to accept this donation. Packet Page Number 86 of 192 Agenda Item G17 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director Ann Hutchinson, Lead Naturalist SUBJECT: Approval of Resolution Accepting Donation to Maplewood Nature Center DATE: September 21, 2010 for September 27, 2010 Council Meeting INTRODUCTION The Maplewood Nature Center received a 1-1/2” diameter bur oak tree from the Modern Woodmen Youth Group. This group of adults and teens purchased and planted the tree in the Nature Center play area. The tree was purchased from Bachman’s for $119.13 by the group leader, Cathy Standish. This tree is planted in honor of Rob Rolfing, a Green Beret soldier from Sioux Falls. Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by a two-thirds vote. CONSIDERATION Approve the following resolution accepting the donation of this tree in honor of Rob Rolfing, Green Beret from Sioux Falls. RESOLUTION ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Community Development and Parks Department has received a donation of a bur oak tree; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood and the Community Development and Parks Department to accept this donation. Packet Page Number 87 of 192 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 88 of 192 Agenda Item H1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director SUBJECT: White Bear Ave / County Rd D Improvements, Project 08-13 a. New Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll DATE: September 15, 2010 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at, or prior to, the new hearing if they disagree with the assessment amount; with the exception of those property owners that have already filed objections for the first assessment hearing. This hearing was also published three times in the designated local newspaper with the required advanced notice required by State Statute. The council should conduct the new assessment hearing, receive any additional objections, refer those objections to the staff for action at the October 11, 2010 council meeting and consider approving the attached resolution adopting the assessment roll less those property owners who have submitted objections. BACKGROUND On June 14, 2010 the council previously called for an assessment hearing to be held, and an assessment hearing was then conducted on July 26, 2010. However a clerical mistake was made and the published notice for the hearing in the local news occurred on July 14 and 21. Minn. Stat. § 429.061, subd. 1 requires two weeks of published notice before the hearing date and only twelve days were provided; two short of the requirement. Thus the hearing held on July 26 is considered invalid. A new hearing was called for at the August 23, 2010 council meeting to be held on September 27, 2010 which is consistent with Minnesota Statute § 429.071 Subd. 2. Reassessment; which is summarized as follows: When an assessment is, for any reason whatsoever, set aside by a court of competent jurisdiction as to any parcel or parcels of land, or in event the council finds that the assessment or any part thereof is excessive or determines on advice of the municipal attorney that the assessment or proposed assessment or any part thereof is or may be invalid for any reason, the council may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to such parcel or parcels. All objections made by property owners at the previous assessment hearing (July 26) would not have to object again unless desired; all eleven (11) of these previous objections remain valid for this project and are listed below. The first five parcels listed were mailed statements giving credit for a previous storm water assessment agreement. The remainder of properties for this project received a statement with the same assessment amount. Packet Page Number 89 of 192 Agenda Item H1 1. Parcel 02-29-22-21-0008– Denny’s Inc.; 3050 White Bear Avenue Assessment roll reflects a reduction from $23,339.88 to $21,206.30 based on a past storm water assessment agreement. 2. Parcel 02-29-22-21-0014 Jiffy Lube/Acapulco Restaurant; 3069/3073 White Bear Avenue Assessment roll reflects a reduction from $12,199.97 to $8,083.55 based on a past storm water assessment agreement. 3. Parcel 02-29-22-21-0016– (This PIN has been changed by Ramsey County to 02.29.22.21.0029), Maplewood Square Shopping Center; 3035 White Bear Avenue Assessment roll reflects a reduction from $59,754.24 to $53,504.24 based on a past storm water assessment. 4. Parcel 02-29-22-21-0027– Plaza 3000 Shopping Center; 3000 White Bear Avenue Assessment roll reflects a reduction from $65,016.00 to $58,766 based on a past storm water assessment agreement. 5. Parcel 02-29-22-24-0003– Maplewood East Shopping Center; 2950 White Bear Avenue Assessment roll reflects a reduction from $46,761.48 to $40,511.48 based on a past storm water assessment agreement. 6. Parcel 02-29-22-21-0015- MHN Restaurant Partnership, LLC, 3065 White Bear Avenue 7. Parcel 02-29-22-21-0019- Chung Hing Wong, 3070 White Bear Avenue 8. Parcel 02-29-22-21-0005- HLW LLC, 3094 White Bear Avenue 9. Parcel 02-29-22-23-0003- Sears Roebuck and Company, 3001 White Bear Avenue 10. Parcel 02-29-22-22-0013- Lai Ching Woo, 1900 County Road D East 11. Parcel 35-35-22-33-0008- Walter F. Whitney, 1905 County Road D East Please refer to all objections which are attached as part of this report. PROJECT BUDGET The proposed amount identified in the feasibility study as Maplewood’s total project contribution is $3,374,000, with special assessments currently listed as $1,701,817. RECOMMENDATION It is recommended that the council conduct the Assessment Hearing and approve the attached Resolution for Adopting the Assessment Roll for the White Bear Avenue / County Rd D Improvements, City Project 08-13. Attachments: 1. Resolution: Adopting Assessment Roll 2. Objections 3. Assessment Roll 4. Location Map Packet Page Number 90 of 192 Agenda Item H1 Attachment 1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on August 23, 2010, calling for a Public Hearing, the assessment roll for the White Bear Avenue / County Rd D Improvements, City Project 08-13, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and; WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: As of September 15, 2010 staff has received the followingobjections to the proposed assessments: 1. Parcel 02-29-22-21-0008– Denny’s Inc.; 3050 White Bear Avenue Azure Properties is objecting to the assessment on behalf of Mogren Landscaping LLP, the property owner, for the following reasons: a) They do not feel that the property receives benefit from the improvement and the value will not increase. b) They feel that revenues will decrease during the construction process. c) When the property owner settled the condemnation with Ramsey County they were told that there would be little or no assessment. 2. Parcel 02-29-22-21-0014 Jiffy Lube/Acapulco Restaurant.; 3069/3073 White Bear Avenue Azure Properties is objecting to the assessment on behalf of Woodring Company, the property owner, for the following reasons: a) They do not feel that the property receives benefit from the improvement and the value will not increase. b) They feel that revenues will decrease during the construction process. c) The businesses have access from the ring road of Maplewood Mall and they do not feel that they should be assessed for improvements to White Bear Avenue and County Road D. 3. Parcel 02-29-22-21-0016– Maplewood Square Shopping Center; 3035 White Bear Avenue Azure Properties is objecting to the assessment on behalf of Maplewood Square Associates, the property owner, for the following reasons: a)They do not feel that the property receives benefit from the improvement and the value will not increase. b)They feel that revenues will decrease during the construction process. c) When the property owner settled the condemnation with Ramsey County they were told that there would be little or no assessment. 4. Parcel 02-29-22-21-0027– Plaza 3000 Shopping Center.; 3000 White Bear Avenue Azure Properties is objecting to the assessment on behalf of Plaza 3000 Partnership, LLP, the property owner, for the following reasons: a) They do not feel that the property receives benefit from the improvement and the value will not increase. b) They feel that revenues will decrease during the construction process. c) When the property owner settled the condemnation with Ramsey County they were told that there would be little or no assessment. 5. Parcel 02-29-22-24-0003– Maplewood East Shopping Center.; 2950 White Bear Avenue Packet Page Number 91 of 192 Agenda Item H1 Attachment 1 Azure Properties is objecting to the assessment on behalf of Maplewood East Associates, the property owner, for the following reasons: a) They do not feel that the property receives benefit from the improvement and the value will not increase. b) They feel that revenues will decrease during the construction process. c) When the property owner settled the condemnation with Ramsey County they were told that there would be little or no assessment. 6. Parcel 02-29-22-21-0015- MHN Restaurant Partnership, LLC, 3065 White Bear Avenue MHN Restaurant Partnership, LLC, the owner of the Wedding Day Jewelers property, is objecting to the assessment for the following reasons: a) They do not feel that the property receives benefit from the improvement and the value will not increase. b) They feel that revenues will decrease during the construction process. 7. Parcel 02-29-22-21-0019- Chung Hing Wong, 3070 White Bear Avenue Chung Hing Wong is objecting to the assessment for the following reasons: a) They do not feel that the property receives benefit from the improvement and the proposed special assessment exceeds the special benefits to the property derived from the local public improvement. b) They also feel that the City has failed to strictly comply procedurally with the terms and conditions of Minnesota Statutes Chapter 429. 8. Parcel 02-29-22-21-0005- HLW LLC, 3094 White Bear Avenue HLW LLC is objecting to the assessment for the following reasons: a)They do not feel that the property receives benefit from the improvement and the proposed special assessment exceeds the special benefits to the property derived from the local public improvement. b)They also feel that the City has failed to strictly comply procedurally with the terms and conditions of Minnesota Statutes Chapter 429. 9. Parcel 02-29-22-23-0003- Sears Roebuck and Company, 3001 White Bear Avenue Sears Roebuck and Company is objecting to the assessment and requesting that the assessment be reduced to $0 for the following reasons: a) They do not feel that the property receives benefit from the improvement and the proposed special assessment exceeds the special benefits to the property derived from the local public improvement. b) They also feel that the City has failed to strictly comply procedurally with the terms and conditions of Minnesota Statutes Chapter 429. c) They feel that the proposed assessment violates City Code and other Minnesota law and statutes. d) They feel that the assessment form is not legal and that other properties that should have been assessed were not assessed. 10. Parcel 02-29-22-22-0013- Lai Ching Woo, 1900 County Road D East Lai Ching Woo is requesting that the assessment be cancelled and revised. 11. Parcel 35-35-22-33-0008- Walter F. Whitney, 1905 County Road D East Walter F. Whitney is objecting to the assessment for the following reasons: Packet Page Number 92 of 192 Agenda Item H1 Attachment 1 a)They do not feel that the property receives benefit from the improvement and the proposed special assessment exceeds the special benefits to the property derived from the local public improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on October 11, 2010, as to their recommendations for adjustments. 2. The assessment roll for the White Bear Avenue / County Rd D Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 8 years, 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. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 27, 2010, pay the whole or partial (25% minimum) of the assessment on such property, with interest accrued to the date of the payment, to the city clerk (the city will accept no more than (2) payments), except that no interest shall be charged on the amount paid within 30 days from the adoption of this resolution; and they may, at any time after October 27, 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 November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 27, 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 Maplewood City Council on this 27 day of September, 2010. Packet Page Number 93 of 192 Agenda Item H1 Attachment 2 Packet Page Number 94 of 192 Agenda Item H1 Attachment 2 Packet Page Number 95 of 192 Agenda Item H1 Attachment 2 Packet Page Number 96 of 192 Agenda Item H1 Attachment 2 Packet Page Number 97 of 192 Agenda Item H1 Attachment 2 Packet Page Number 98 of 192 Agenda Item H1 Attachment 2 Packet Page Number 99 of 192 Agenda Item H1 Attachment 2 Packet Page Number 100 of 192 Agenda Item H1 Attachment 2 Packet Page Number 101 of 192 Agenda Item H1 Attachment 2 Packet Page Number 102 of 192 Agenda Item H1 Attachment 2 Packet Page Number 103 of 192 Agenda Item H1 Attachment 2 Packet Page Number 104 of 192 Agenda Item H1 Attachment 2 Packet Page Number 105 of 192 Agenda Item H1 Attachment 2 Packet Page Number 106 of 192 Agenda Item H1 Attachment 2 Packet Page Number 107 of 192 Agenda Item H1 Attachment 3 Packet Page Number 108 of 192 Agenda Item H1 Attachment 3 Packet Page Number 109 of 192 Agenda Item H1 Attachment 4 Packet Page Number 110 of 192 Agenda Item J1 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Metro Transit Park and Ride Parking Ramp—Planned Unit SUBJECT: Development LOCATION: 1793 Beam Avenue DATE: September 20, 2010 INTRODUCTION Project Description Metro Transit, a division of the Metropolitan Council, is proposing to build a three-level (a ground-floor level and two above-ground levels), 1,000-space parking ramp at the park and ride site located west of Sears at 1793 Beam Avenue. The applicant would also construct a sidewalk along the Southlawn Drive frontage. The current transit center consists of a 426 space parking lot for the park and ride and a bus-transit hub. Refer to the plans. Requests To develop this site, the applicant is requesting approval of a conditional use permit (CUP) for a planned unit development (PUD). As part of this request, the applicant is also proposing: A building-setback reduction on the Southlawn Drive side from 30 feet to 15 feet. A parking space width reduction from 9 ½ feet to 8 ½ feet. BACKGROUND November 25, 2003: The community design review board approved the plans for the existing park and ride facility. June 8, 2009: The city of Maplewood adopted a resolution in support of Metro Transit’s funding request for Congestion Mitigation and Air Quality-Transit Expansion grant financing. DISCUSSION PUD Criteria for Flexibility in Design Section 44-1093(b) of the PUD ordinance states that the city council may consider flexibility from strict code compliance in the internal and external design requirements of a proposed PUD and may consider deviations from those requirements. Deviations may be granted for planned unit developments provided that: Packet Page Number 111 of 192 1. The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. 2. The PUD would be consistent with the spirit, intent and purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 5. The deviations are required for the reasonable and practical physical development of the project. Building Setback Reduction There has been support by the city council for reducing front setbacks elsewhere in the city. The 80-acre Legacy Village development to the north along Southlawn Drive, was approved with a requirement for reduced front setbacks. The predominant front setback approved at Legacy Village is 15 feet from a street right-of-way line (front property line). The only exception at Legacy Village is the Ramsey County Library which was allowed to move their building back nearer the Sculpture Park to take advantage of the park view. The city also approved a reduced front setback for the St. John’s Hospital parking ramp of six feet at its closest point and a setback reduction for the Maplewood Toyota parking ramp of 15 feet. Staff feels that the proposed setback reduction meets the above five criteria as follows: 1. The reduced front setback would better serve the development and the neighborhood because it would provide a larger ramp with150 more parking spaces than it would by maintaining a 30-foot setback. This would serve the community because it would meet the goal of the Transportation Action Plan within the 2030 Comprehensive Plan by encouraging and facilitating public transit. 2. The request for a reduced front setback would meet the spirit and intent of the ordinance and serve the community by maximizing the number of spaces in this proposed parking ramp. 3. From an architectural point of view, reducing the front setback from 30 feet to 15 feet would not make a superior project, however, staff does not feel it would negatively impact the building appearance. But from the standpoint of meeting parking needs at the park and ride, as mentioned above, reducing the setback to 15 feet would improve the usefulness of this parking facility because it would result in a greater parking capacity. 4. The proposed setback reduction would not negatively impact property values, safety, health or welfare. 5. The proposed setback reduction is needed for the most reasonable and practical layout of the site because of the triangular shape of the property. A rectangular-shaped site would 2 Packet Page Number 112 of 192 lend itself to a more traditional parking ramp design rather than having to work within the existing lot shape. Increasing the building setback to 30 feet would reduce the proposed parking capacity and impact the efficient use of the parking ramp. Parking Stall Width Reduction The applicant pointed out in their narrative that, “it is Metro Transit’s belief that the intended parking use of this project is not specifically addressed in the city’s zoning ordinance for low turnover parking spaces.” They feel that the nature of the proposed parking ramp would provide a covered, sheltered environment which would accommodate the activity of twice-a-day use vs. a typical commercial low-turnover use that would have more activity. The applicant considers the park and ride ramp as an “ultra-low turnover” parking use. The applicant also provided a comparison chart showing what width spaces some metro communities allow for a park and ride parking ramp. See page 8 of the narrative. According to this data, Maplewood requires the widest spaces at 9 ½ feet. The other communities with park and rides utilize 8 ½-foot-wide spaces. Staff feels that 8 ½-foot-wide spaces are useable, but can be tight to maneuver within. As an alternative to 9 ½-foot-wide spaces, the city does allow 9-foot-wide employee-parking spaces for businesses. This is the closest parking scenario the city code provides to the proposed parking facility. The community design review board, however, did support the proposed 8 ½-foot-wide spaces. Building Official and Fire Marshal Comments Dave Fisher, the Maplewood Building Official, reviewed the proposal and has the following comments: The applicant should have a pre-construction meeting with the building inspection staff The city will require a complete building code analysis Provide accessible parking spaces per 2006 IBC Provide accessible bathrooms per 2006 IBC Provide elevator per 2006 IBC Provide address numbers on the building All exiting must go to a public way Provide adequate Fire Department access to the building Butch Gervais, the city’s fire marshal and assistant fire chief, commented that this facility must meet all applicable fire codes. Engineering Comments from Maplewood Engineering, Ramsey County and SEH This proposal was reviewed by Steve Kummer, staff engineer with the city, Erin Laberee, Ramsey County Traffic Engineer and by George Calebaugh and Tom Sohrweide, traffic engineers with the engineering consulting firm SEH. The primary issue with this proposal centers on traffic impact with recommendations for managing an increase in traffic congestion. Mr. Kummer’s report also discusses 3 Packet Page Number 113 of 192 grading/erosion control, utilities, the need for a pedestrian easement and other engineering issues. Please refer to the attached reports. SEH’s Review The city regularly consults with the engineering staff of SEH to analyze traffic matters that require in-depth study. Such is the case with this proposal and the review of the applicant’s traffic impact study. The applicant should reimburse the city for all review expenses by SEH as well as any costs incurred by the city’s engineering staff in the review of this proposal. Summary Staff is supportive of the request to reduce the building setback from Southlawn Drive. Staff is not strongly opposed to the proposed 8 ½-foot-wide parking spaces, but the planning commission and city council have historically not been supportive of narrower parking spaces in the past. For that reason, staff did not recommend approval of the parking stall width reduction to 8 ½ feet. COMMISSION ACTION August 24, 2010: The community design review board recommended approval of the proposed site plan. The applicant will submit the architectural and landscaping plans later for review. The CDRB commented that, with the reduced setback from Southlawn Drive, they expect to see attractive architectural design when those plans are submitted. The board also recommended approval of the 8 ½-foot-wide parking spaces. September 7, 2010: The planning commission recommended approval of this request. RECOMMENDATION Adopt the resolution approving a conditional use permit for a planned unit development for the proposed Metro Transit parking ramp at the Maplewood Mall area park and ride facility. This approval includes a reduction in the front setback for the proposed parking ramp of 15 feet from the Southlawn Drive right-of-way line and a reduction in parking stall widths from 9 ½ feet to 9 feet. Approval is subject to the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan date-stamped July 28, 2010. Staff may approve minor changes. 2. The city council shall review this permit in one year. 3. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4 Packet Page Number 114 of 192 4. Comply with the requirements of the city’s engineering department in consideration of their review and the comments provided by the Ramsey County Traffic Engineer and the city’s traffic consultant at SEH. 5. The applicant shall work with the building official and fire marshal to ensure compliance with applicable codes. 6. This approval does not include landscaping, lighting or architectural plans which shall be submitted for community design review board approval. 5 Packet Page Number 115 of 192 REFERENCE INFORMATION SITE DESCRIPTION Site size: 4.41 acres Existing Use: Metro Transit Park and Ride Facility SURROUNDING LAND USES North: Maplewood Mall parking lot South: Beam Avenue and Chili’s East: Maplewood Mall parking and the Maplewood Mall West: Southlawn Drive, Olive Garden and McDonald’s PLANNING Land Use Plan: C (commercial) Zoning: BC (business commercial) Criteria for CUP/PUD Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. See findings 1-9 in the resolution. APPLICATION/DECISION DEADLINE The city received the complete application and plans for this proposal on August 11, 2010. State law requires that the city take action within 60 days of receiving complete applications. The deadline for city action on this proposal is October 10, 2010. p:sec2N\Park and Ride Parking Ramp CC Report 9 10 te Attachments: 1. Location/Zoning Map 2. Land Use Plan Map 3. Site Plan 4. Applicant’s Narrative date-stamped August 20, 2010 5. Engineering Report dated August 27, 2010 6. Letter from Erin Laberee dated August 27, 2010 7. Traffic Impact Study Review by SEH dated July 30, 2010 8. Resolution 9. Plans date-stamped July 28, 2010 (separate attachment) 6 Packet Page Number 116 of 192 Packet Page Number 117 of 192 Packet Page Number 118 of 192 Packet Page Number 119 of 192 Packet Page Number 120 of 192 Packet Page Number 121 of 192 Packet Page Number 122 of 192 Packet Page Number 123 of 192 Packet Page Number 124 of 192 Packet Page Number 125 of 192 Packet Page Number 126 of 192 Packet Page Number 127 of 192 Packet Page Number 128 of 192 Packet Page Number 129 of 192 Packet Page Number 130 of 192 Packet Page Number 131 of 192 Packet Page Number 132 of 192 Packet Page Number 133 of 192 Packet Page Number 134 of 192 Packet Page Number 135 of 192 Packet Page Number 136 of 192 Packet Page Number 137 of 192 Attachment 8 CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT RESOLUTION WHEREAS, Lindsay Sheppard, representing the Metropolitan Council, applied for a conditional use permit for a planned unit development to construct a parking ramp at the Maplewood Mall area Metro Transit Park & Ride facility. WHEREAS, Section 44-6 of the city ordinance provides that a PUD can be a development characterized by a unified site design with two or more principal uses or structures. WHEREAS, Section 44-1093(b) of the city ordinance provides that the city council may consider flexibility from strict code compliance in the internal and external design requirements of the project dependent upon the following findings: 1. The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. 2. The PUD would be consistent with the spirit, intent and purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 5. The deviations are required for the reasonable and practical physical development of the project. WHEREAS, the applicant is requesting that the city allow a building setback reduction for the proposed parking ramp from the Southlawn Drive right-of-way line from 30 feet to 15 feet and also a parking stall width reduction from 9 ½ feet to 8 ½ feet. WHEREAS, this permit applies to the property located at 1793 Beam Avenue. The legal description is: Lot 9, Block 1, Maplewood Mall Addition WHEREAS, the history of this conditional use permit is as follows: 1. On September 7, 2010, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. Packet Page Number 138 of 192 2. On September 27, 2010, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above-described conditional use permit and building setback and parking stall width reduction to nine feet wide (not 8 ½ feet as proposed), because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause no more than minimal adverse environmental effects. 9. 10. The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. 11. The PUD would be consistent with the spirit, intent and purposes of this chapter. 12. The PUD would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 13. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 14. The deviations are required for the reasonable and practical physical development of the project. 2 Packet Page Number 139 of 192 Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date-stamped July 28, 2010. Staff may approve minor changes. 2. The city council shall review this permit in one year. 3. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. Comply with the requirements of the city’s engineering department in consideration of their review and the comments provided by the Ramsey County Traffic Engineer and the city’s traffic consultant at SEH. 5. The applicant shall work with the building official and fire marshal to ensure compliance with applicable codes. 6. This approval does not include landscaping, lighting or architectural plans which shall be submitted for community design review board approval. The Maplewood City Council __________ this resolution on ___________. 3 Packet Page Number 140 of 192 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 7, 2010 5. PUBLIC HEARING b. Conditional Use Permit/Planned Unit Development for Maplewood Mall Area Park- and-Ride Parking Ramp, 1793 Beam Avenue Mr. Ekstrand provided background and led discussion on this issue. A request is being made by Metro Transit, a division of the Met Council, to build a three-level parking ramp at its current park-and ride facility located at the southwest corner of Maplewood mall. The request includes a ground-level and two upper parking levels. Metro Transit is requesting approval of a conditional use permit (CUP) for a planned unit development (PUD) to build the structure. The current facility consists of 426 stalls as well as the park and ride bus transit hub. The proposal includes a request for two reductions from the city’s zoning ordinance for setback and parking stall width. The setback reduction would reduce the setback from 30 feet to 15 feet, and applicant is requesting a reduction in parking stall width from 9.5 feet to 8.5 feet. Staff explained that the PUD does allow for flexibility in design. Staff believes the setback request does meet the five criteria imposed by the ordinance. Staff also noted that the city has allowed reduced setbacks in the past for the Legacy Village PUD, St. John’s Hospital’s parking ramp and for Maplewood Toyota’s parking ramp. The applicant has shown that the requested width of 8.5 feet is commonly used in parking ramps, although the city has a fairly conservative view on this issue with the code at 9.5 feet. Staff is recommending approval of the PUD with the reduced setback and reduced stalls to 9- feet wide. Pat Jones, Tom Downs, Gary Milne Rojek all spoke in support of the proposal as representatives of Metro Transit or their consultants and presented justification for the setback and parking stall width reduction. Audience member, Al Olson, 1221 Frost Avenue, addressed the commission explaining having more stalls, even though at 8 ½ feet wide, gives him more options and a better chance of finding a stall that he can park in easily. The public hearing portion of this issue was closed and the commission continued their discussion. Commissioner Pearson moved that the Planning Commission table the resolution to approve a CUP for a PUD for the proposed Metro Transit park-and-ride facility at the Maplewood mall to allow the applicant time to review plans to designate some small and large reserved parking spaces. Commissioner seconded by Commissioner Martin. Ayes: Pearson and Martin; Nays: Bierbaum, Fischer, Nuss, Yarwood. Motion fails. September 7, 2010 Planning Commission Meeting Minutes 1 Packet Page Number 141 of 192 Commissioner Yarwood moved to adopt the resolution to approve a CUP for a PUD for the proposed Metro Transit park-and-ride facility including the proposed setback reduction from 30’ to 15’ from the Southlawn line right of way and reduced stall width from 9’6” to 9”. Approval is subject to conditions 1 through 6. Commissioner Nuss seconded the motion. Ayes: Bierbaum, Fischer, Nuss, Yarwood; Nays: Pearson and Martin. Motion carries. September 7, 2010 Planning Commission Meeting Minutes 2 Packet Page Number 142 of 192 Agenda Item J.2. MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director Bill Priefer, Recycling Coordinator SUBJECT: Review of Recycling Proposals and Direct Staff to Begin Contract Negotiations DATE: September 21,2010 for the September 27 City Council Meeting INTRODUCTION The five-year recycling contract with Eureka Recycling will end on December 31, 2010. In order to ensure a new recycling contract is awarded by January 1, 2011, the City submitted a request for proposal (RFP) to interested recycling contractors which outlines the City’s recycling requirements. The City received six proposals from the following contractors: Allied Waste, Eureka Recycling, Highland Sanitation and Recycling, Inc., Tennis Sanitation, LLC, Veolia Environmental Services, and Waste Management. Background February 1, 2010, the City Council held a workshop to discuss the recycling contract RFP process and requirements. March 15, 2010, the Environmental and Natural Resources (ENR) Commission held a recycling contractor informational meeting. The intent of the meeting was to allow interested recycling contractors an opportunity to present their recycling program to the City. Following are the contractors who presented during the meeting: Allied Waste Eureka Recycling Highland Sanitation and Recycling, Inc. Tennis Sanitation, LLC Waste Management February 24 and March 24, 2010, the ENR Commission reviewed draft language proposed for the City’s recycling contract RFP. April 19, 2010, the ENR recommended approval of the draft recycling contract RFP. April 26, 2010, the City Council held a workshop to review the recycling contract RFP. May 10, 2010, the City Council approved the final version of the recycling contract RFP. June 1, 2010, the recycling contract RFP was released to all interested contractors and the public. June 30, 2010, the City received six recycling proposals by the deadline of June 30. July and August 2010 the Environmental Review Committee reviewed and ranked the six proposals. The committee is made up of two ENR Commissioners appointed by the full commission to evaluate the proposals (Commissioners Trippler and Yingling). Packet Page Number 143 of 192 August 16, 2010, the ENR Commission reviewed the six proposals and the Environmental Review Committee’s ranking. DISCUSSION Existing Recycling Contract Our current contract with Eureka Recycling is for dual-stream recycling collection with a contract term of five years, ending December 31, 2010. The City receives 60 percent revenue share from the sale of paper and 50 percent revenue share from the sale of aluminum. The City also shares in the processing costs of the recyclables and is charged a fuel surcharge. Over the term of the contract Eureka Recycling has been committed to education, customer service, and innovative recycling programs. Review Process The RFP states that the ENR Commission will appoint at least two commissioners to serve on an Environmental Review Committee. The ENR Commission appointed Commissioners Trippler and Yingling to serve on the Environmental Review Committee. The Environmental Review Committee was charged with reviewing each proposal and scoring them based on the RFP evaluation criteria and recommending the top three proposals, in rank order of priority, to the ENR Commission. The RFP requires the ENR Commission to review the committee’s recommendation, and make a recommendation of their top three choices to the City Council. The City Council will review the Environmental Review Committee’s and the ENR Commission’s recommendations and authorize staff to begin contract negotiations with the City Council’s top three proposal choices, in rank order of priority. Staff then begins negotiations with the first ranked contractor. If those negotiations fail, staff would proceed to the next ranked contractor, and so on. Staff will bring the draft contract back to the City Council for approval in October. The schedule for completion of the recycling proposal and contract reviews is as follows: September 27, 2010: City Council reviews recycling proposals and authorizes staff to begin negotiations on a recycling contract. October 25, 2010: City Council approves a recycling contract. January 1, 2011: New recycling contract begins. RFP Requirements The RFP requested dual-stream recycling collection proposals, with single-stream proposals permitted as an alternative. The single-stream versus dual-stream debate was discussed at length by the ENR Commission during the creation of the RFP. As you recall, single-stream recycling collection involves the collection of all residential recyclables including cans, glass, plastic, and paper combined and collected together. Dual- stream recycling collection involves separating and processing cans, glass, and plastic from paper. While dual-stream recycling may not be as convenient for residents as single-stream recycling because of the sorting requirements, studies reflect that the residual rate for single- 2 Packet Page Number 144 of 192 stream can be as high as 30 percent. The residual rate in Maplewood with our dual-stream collection is currently less than 1 percent. The term “residual” is defined as the recycled material that is collected, but damaged or contaminated during collection or processing to the point that it is no longer marketable. It was the commission’s goal to continue to promote the dual-stream method of recycling to ensure all materials that can be recycled such as glass, wet-strength cardboard, and milk cartons and juice boxes, are being recycled. The RFP calls out the term of the contract as a three-year contract, with two one-year extensions possible. Proposal Summaries The City received six proposals, one for dual-stream collection and five for single-stream. Additionally, one of the proposals was for an alternative five-year contract. Following is a brief summary of the proposals. Allied Waste: Single-stream recycling with collection every-other-week. “Recycle Bank” rewards program as an incentive to recycle. Recycling will be sorted and processed at either their Minneapolis or Inver Grove Heights facility. Glass-to-glass recycling. No fuel surcharge. Eureka Recycling: Dual-stream recycling with collection every week. Revenue from the sale of recyclable materials shared with the City. Revenue is based on published market indices. Processing costs shared by Eureka and the City. Recycling will be sorted and processed at their recycling facility in Minneapolis. Glass-to-glass recycling. No fuel surcharge. Highland Sanitation and Recycling, Inc.: Single-stream recycling with collection every-other-week. Recycling is sent to various local recycling facilities. No glass-to-glass recycling. (Glass is used in road base and other alternative applications.) No fuel surcharge. Tennis Sanitation, LLC: Single-stream recycling with collection every week. Five pricing options submitted: Option 1 – Tennis-owned carts, $.25 credit per month per household o Option 2 – City-owned carts, $.25 credit per month per household o Option 3 – City-owned carts, no credit o Option 4 – Use existing City recycling bins, $.25 credit per month per household o Option 5 – Use existing City recycling bins, no credit o 3 Packet Page Number 145 of 192 Recycling will be sorted and processed at their facility in St. Paul Park. Glass-to-glass recycling. In addition, broken glass recycled to Class 5 road material. No fuel surcharge. Veolia Environmental Services: Single-stream recycling with collection every-other-week. Recycling is sent to Allied Waste in Minneapolis or Inver Grove Heights for sorting and processing. Glass-to-glass recycling as well as glass-to-fiberglass. Fuel surcharge charged to City. Waste Management: Single-stream recycling with collection every-other-week. Revenue from the sale of recyclable paper materials shared with the City for single- family dwellings only. Revenue is based on actual sales of recyclable material, as received by Waste Management. Total processing fee charged to City. Recycling will be sorted and processed at their facility in Minneapolis. Requesting an alternative five-year contract. Glass shipped to Chicago for optical sorting. Fuel surcharge charged to City. Evaluation Criteria The RFP states that the City will objectively evaluate the proposals submitted to determine the best value for the City and its residents. The evaluation criteria are a system of points that are awarded to each variable of a proposal. There were a total of 100 points possible - 40 points for cost criteria, 30 points for environmental and education criteria, and 30 points for strength of qualifications and responsiveness criteria. The evaluation criteria and relative point values for each area are as follows: Cost Criteria – 40 Points Possible Per household per month price for recycling collection services (30 points) Projected amount of revenue from the sale of recyclable materials shared with the City (10 points) Environmental/Education Criteria – 30 Points Possible Public education (5 points) Pollutio reduction efforts (7 points) n Glass-to-glass recycling (5 points) Additional recycling services (drop-off sites, etc.) (5 points) Innovative approaches to increase recycling rates (5 points) Opportunities for additional materials to be collected throughout the contract (3 points) Strength and Responsiveness Criteria – 30 Points Possible Strength of qualifications of the vendor (25 points) Responsiveness of the vendor to all provisions of the RFP (5 points) TOTAL POINTS POSSIBLE = 100 4 Packet Page Number 146 of 192 Environmental Review Committee’s Recommendation The Environmental Review Committee ranked all six proposals based on the evaluation criteria described above. The average of the two committee member scores was used to determine the rankings. In the chart below, staff has listed the overall rankings (100 points possible), and also separated the rankings into the three evaluation criteria which include cost (40 points possible), environmental/education (30 points possible), and strength/responsiveness (30 points possible). Based on the overall points listed below, the Environmental Review Committee recommended the top three contractors in rank order or priority to the ENR Commission as Eureka Recycling (83.25 points), Tennis Sanitation, LLC (Options 4 and 5) (74.25 points), and Veolia Environmental Services (63 points). CONTRACTOR POINTS Environment/ Strength/ Cost EducationResponsivenessOverall (40) (30)(30)(100) 83.25 1. Eureka Recycling 24.5 29.0 29.75 2. Tennis Sanitation, LLC 74.25 a. Option 4 30.0 17.0 27.25 (existing City bins, $.25 credit per house/mo.) 74.25 b. Option 5 30.0 17.0 27.25 (existing City bins) 63.00 3. Veolia Environmental Services 23.5 15.5 24.0 4. Tennis Sanitation, LLC 61.75 a. Option 2 17.5 17.0 27.25 (City owned bins, $.25 credit per house/mo.) 61.75 b. Option 3 17.5 17.0 27.25 (City owned bins) 5. Tennis Sanitation, LLC 56.25 a. Option 1 12.0 17.0 27.25 (Tennis owned bins, $.25 credit per house/mo.) 48.5 6. Waste Management 7.5 11.5 14.0 44.25 7. Allied Waste 0.0 17.5 26.75 36.75 8. Highland Sanitation and Recycling 20.25 10.0 12.0 Criteria Descriptions and Ranking Environmental/Education Criteria The environmental/education criteria was added to the evaluation to reflect the City’s recycling goals: maximizing the fullest recovery possible of recyclable materials and improving public education of all City residents about recycling services so as to improve participation and recovery rates. Thirty points were available for these criteria including pollution reduction efforts, glass-to-glass recycling, additional recycling services (drop-off sites, etc.), public education, innovative approaches to increase recycling rates, and opportunities for additional materials to be collected throughout the contract. Based on the environmental/education points 5 Packet Page Number 147 of 192 listed above, the Environmental Review Committee’s top three contractors in rank order of priority in this category are Eureka (29 points), Allied Waste (17.5 points), and Tennis (17 points). Strength and Responsiveness Criteria The strength/responsive criteria were added to the evaluation to measure the qualifications of a contractor (particularly how the contractor will be able to meet the needs of the City of Maplewood) and determine how well they respond to the RFP. Based on the strength/responsiveness points listed above, the Environmental Review Committee’s top three contractors in rank order of priority in this category are Eureka (29.75 points), Tennis (27.25 points), and Allied Waste (26.75 points). Cost Criteria The Environmental Review Committee scored the proposals based on the two cost criteria: price per household per month and revenue share. Based on the original cost analysis (prior to revisions made for this report) the Environmental Review Committee’s top three contractors in rank order of priority in this category are Tennis (30 points), Eureka (24.5 points), and Veolia (23.5 points). Cost Analysis Mary Chamberlain of R. W. Beck is assisting the City in the recycling collection procurement process as part of R. W. Beck’s technical assistance contract with Ramsey County. Ms. Chamberlain conducted a cost analysis of the six proposals to determine the total three-year contract costs to the City based on variables such as processing costs, revenue share, recycling credit, fuel surcharge, costs of City-supplied carts, etc. The Environmental Review Committee used this cost analysis to rank the cost criteria for each proposal. Review of Cost Analysis Once the overall cost estimates were published for the September 13 city council meeting, staff questioned the analysis used to estimate the cost of the revenue share proposals (Eureka and Waste Management). To ensure a fair and accurate portrayal of all the recycling contract costs, staff recommended that the City Council table the recycling proposal review item until September 27, 2010, in order to give staff additional time to review the analysis. Following is a summary of that review: 1. RFP Revenue Share Formula: Based upon staff’s review, it was determined that the consultants estimated total contract costs for the revenue share proposals (Eureka and Waste Management) on the following formula: Revenue Divided Between the City and the Contractor Minus Processing Fee from the City’s Portion of the Revenue Equals Final Contract Cost 2. City Revenue Share Formula: This method conflicts with the formula used by the city in our current contract with Eureka which is as follows: 6 Packet Page Number 148 of 192 Processing Fee Taken From Overall Revenue Remaining Revenue Share Divided Between the City and the Contractor Equals Final Contract Cost An example of the RFP revenue share formula versus the City revenue share formula can be found on Attachment 1. The text of the RFP defines the revenue share formula as described in example 1 above. However, the Recycling Collection Price Worksheet in the RFP, which is required to be submitted by each contractor as part of the proposal, leaves the revenue share formula open for interpretation. Regardless of how the consultants or the contractors interpreted the revenue share formula, the RFP does allow alternate pricing formulas to be submitted as an Alternate Proposal Scenario. Eureka Recycling submitted an alternative proposal by attaching their annual tonnage and revenue report, which reflects the revenue share formula as defined in example 2 above. This is the formula the city has been using over the last five years of our current contract. Eureka was simply following our standard operating procedure. Based on this review, it is clear that Eureka Recycling’s total contract cost should have been analyzed differently than Waste Management’s total contract cost. Based on this new information, the consultants and staff have re-evaluated the cost analysis for Eureka Recycling and reflected that new cost on the total contract cost table below. Previous cost analysis for the Eureka Recycling contracts are shown in italics. The table reflects total costs of each proposal based on a three-year contract. Proposals that included a revenue share arrangement were analyzed based on high, low, and average published market prices in order to provide the City with average, best, and worst case scenarios. Contractor Contract Cost Ranking Tennis Sanitation, LLC - Option 4 $ 976,752 1 (tie) Tennis Sanitation, LLC - Option 5 $ 976,752 1 (tie) Eureka (high market prices) $ 984,816 2 Previous Eureka (high)$1,195,657 3 Difference -210,841 Veolia Environmental Services* $1,187,471 3 Eureka (average market prices) $1,209,709 4 Previous Eureka (average) $1,380,281 6 Difference -170,572 Highland Sanitation $1,263,231 5 Tennis Sanitation, LLC - Option 2 $1,306,766 6 (tie) Tennis Sanitation, LLC - Option 3 $1,306,766 6 (tie) Eureka (low market prices) $1,385,349 7 Previous Eureka (low)$1,555,006 9 Difference -169,657 Tennis Sanitation, LLC – Option 1 $1,395,360 8 Waste Management (high market prices)* $1,454,326 9 Waste Management (average market prices)* $1,760,227 10 Allied Waste $1,899,576 11 Waste Management (low market prices)* $2,535,899 12 7 Packet Page Number 149 of 192 *Fuel Surcharge: Waste Management and Veolia are requesting a fuel surcharge in their proposals. The cost analysis does not include the fuel surcharge which is proposed in both proposals when diesel fuel goes over $3.00 per gallon. Ms. Chamberlain estimated that an increase in diesel over $3.00 per gallon could have an impact on Waste Management’s proposal by $11,535 to $53,426 per year and on Veolia’s proposal by $3,721 to $37,210 per year, depending on fuel price and each contractor’s proposed fuel surcharge. Revised Cost Criteria The Environmental Review Committee scored the proposals based on the previous cost analysis, ranking the top three proposals for cost as follows: Tennis (30 points), Eureka (24.5 points), and Veolia (23.5 points). Had they been given the revised Total Contract Cost analysis as defined above they would have seen Eureka’s high market costs ranked second, rather than third; average market costs ranked fourth, rather than sixth; and low market costs ranked seventh, rather than ninth. Based on this information the Environmental Review Committee may have increased the points in the cost category for Eureka for the decrease in the estimated three-year contract cost. But this increase would not have been large enough to change the overall rankings. Revenue as a Variable Under the City’s current recycling contract, the revenue from the sale of the material recycled in the City is shared with the City to be used locally to reduce the cost of the program and support other waste reduction efforts. Since this revenue is shared between the contractor and the City, it is fair to say that a contractor may work harder than a contractor who does not share revenue in order to capture as much of the City’s recyclables as possible. Additionally, in order to obtain the highest value for the recyclables, this contractor would also ensure that recyclables are kept free from contamination. Alternatively, a contractor who charges a flat rate per household may not have an incentive to capture more recyclables and keep them free of contamination. Over the life of the City’s current five-year recycling contract with Eureka Recycling, the City has received an average of $64,500 per year in revenue share. This reflects the high market share of $106,000 one year and the low market share of $14,000 another year. The proposals that included revenue share were analyzed based on high, low, and average published market prices in order to provide the City with average, best, and worst case scenarios. Environmental and Natural Resources Commission Recommendation On August 16, 2010, the ENR Commission reviewed the Environmental Review Committee’s ranking and agreed with their assessment. The ENR Commission recommends the top three contractors in rank order of priority: Eureka Recycling, Tennis Sanitation (Options 4 and 5), and Veolia Environmental Services (refer to attached minutes – Attachment 2). SUMMARY The RFP called for dual-stream recycling collection proposals as the city’s first choice, with single-stream recycling collection allowed as an alternate. The City received only one proposal for dual-stream from Eureka Recycling, and the other five proposals were for single-stream. If the City opts for single-stream in our next contract, it should be noted that it would be difficult or impossible for the City to go back to the dual-stream method. Over the life of the City’s current 8 Packet Page Number 150 of 192 five-year contract, Eureka Recycling and the City have educated our residents on the dual- stream method. Implementing single-stream will require a transitional phase by the City and the new contractor to ensure education and marketing of the new system. The Environmental Review Committee and the ENR Commission both recommended Eureka Recycling as their top ranked proposal. During review of their proposal, the committee and commission both reflected on the positive aspects of Eureka’s work with the City to date and the work proposed in the new contract as follows: Maplewood citizens have been educated on the dual-stream recycling collection method for the last five years. Low residual rates seen in the dual-stream recycling collection method. Recyclables put to their highest and best use. Strong educational campaigns. Strong customer service. Revenue share creates an incentive for Eureka Recycling to maximize the recycling tonnage in our City. Promotion of organic recovery. Textile recovery. Promotion of public space recycling. RECOMMENDATION Based on the Environmental Review Committee’s and the Environmental and Natural Resources Commission’s recommendations, staff recommends that the City Council direct staff to proceed with recycling contract negotiations in ranking order as follows 1) Eureka Recycling; 2) Tennis Sanitation, LLC: and 3) Veolia Environmental Services. Staff will begin negotiations with the top ranked vendor, Eureka Recycling. If those negotiations fail, staff will proceed to the next ranked vendor, and so on. Staff will bring a draft contract back to the City Council for approval in October. Attachments: 1. August Environmental and Natural Resources Commission Minutes 2. Revenue Share Example Calculations 9 Packet Page Number 151 of 192 Attachment 1 REVENUESHARECALCULATIONEXAMPLES RFPMETHODCITYMETHOD Revenue$20,500Revenue$20,500 RevenueShare%X50%LessProcessingCosts9,000 NetRevenue10,250NetRevenue11,500 LessProcessingcosts9,000RevenueShare%X50% CityRevenueShare$1,250CityRevenueShare$5,750 Packet Page Number 152 of 192 Attachment 2 (Partial) MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, August 16, 2010 Council Chambers, City Hall 1830 County Road B East 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m. by Chair Trippler. 2. ROLL CALL Dale Trippler, Chair Present Randee Edmundson, Commissioner Present Judith Johannessen, Commissioner Present Carole Lynne, Commissioner Absent Carol Mason Sherrill, Commissioner Absent Bill Schreiner, Commissioner Present Ginny Yingling, Commissioner Present Staff Present Shann Finwall, Environmental Planner Councilmember Liaison Present Kathleen Juenemann, Councilmember 5. NEW BUSINESS a. Recycling Proposals The city’s five-year contract with Eureka Recycling will end on Dec 31, 2010. An RFP outlining the city’s recycling requirements was submitted to interested contractors. The city received proposals from: Allied Waste, Eureka Recycling, Highland Sanitation, Tennis Sanitation, Veolia Environmental Services, and Waste Management. The Environmental Review Committee (ERC) reviewed the proposals and is recommending its top three in rank order to the Environmental and Natural Resources Commission (ENRC). The ENRC will then recommend their top three to the City Council at the September 13, 2010, meeting. On October 11, 2010, the City Council will approve a recycling contract. The ERC reviewed the proposals based on criteria described in the RFP. 100 points were divided as follows: 40 based on cost, 60 points based on environmental education and vendor qualifications. Chair Trippler and Commissioner Yingling were the ERC members who submitted score sheets. The average of the two scores for each vendor was being used to determine the top three. The ERC is recommending the following three vendors in rank order: August 16, 2010 1 Environmental and Natural Resources Commission Meeting Minutes Packet Page Number 153 of 192 Eureka: 83.25 pts Tennis (options 4 and 5) 74.25 pts for each option Veolia 63.00 pts The confidential cost analysis completed by Mary Chamberlain is included in the staff report. Bill Preifer assisted in answering questions regarding the cost analysis, including the annual revenue projections. Commission Schreiner noted that to use options 1 and option 2 of the Tennis proposal would require a significant investment by the city to purchase the new recycling bins. Commissioner Yingling commented that not all vendors have glass to glass recycling. Some proposals are not clear as to where the recycled glass actually goes. Commissioner Johannessen noted that Eureka has a very strong education program as part of their service. Chair Trippler noted that Tennis is making a greater effort to find buyers for plastics that are not currently being recycled. Councilmember Liaison Juenemann stepped to the podium and questioned whether or not the costs were analyzed or just taken straight from the proposal. Staff explained that proposal costs were analyzed and clarified with the vendor where necessary. Commissioner Edmundson asked that additional information be requested from Tennis regarding the strength of the markets for the wide range of plastics including plastics listed with #3, #4, and #5. The ENRC recommends the following three vendors in rank order: Eureka Recycling Tennis Sanitation Veolia Environmental Services Commissioner Yingling moved that the ENRC adopt the vendor recommendations of the ERC as ranked and recommend these three vendors to the City Council. Commissioner Johannessen seconded the motion. Ayes all, motion passed. The proposal from Eureka Recycling, Tennis Sanitation and Veolia Environmental Services will be presented to the City Council on September 13, 2010. Commissioner Yingling will attend the meeting to represent the ENRC. August 16, 2010 2 Environmental and Natural Resources Commission Meeting Minutes Packet Page Number 154 of 192 Agenda Item J.3. MEMORANDUM TO: Jim Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Resolution of Support for the Submittal of an Environmental Protection Agency Brownfields Cleanup Grant for the Gladstone Savanna Restoration Project LOCATION: Gladstone Savanna - Frost Avenue and English Street DATE: September 21, 2010 for the September 27 City Council Meeting INTRODUCTION City staff is requesting that the City Council adopt the attached resolution (Attachment 1). This resolution is required by the U.S. Environmental Protection Agency (EPA) as part of the city’s application for a Brownfield Cleanup Grant. The EPA Brownfields Cleanup Grant program was established by the Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law, P.L. 107-118) and provides funds for cleanup of brownfields, including former railroad maintenance and other industrial properties that are being restored for natural, recreational, and open space uses. The city is requesting a grant from EPA in the amount of $200,000 (the maximum amount that can be requested) in order to help fund the cleanup of contaminated soil at the Gladstone Savanna. The contaminated soil has been documented to be present at concentrations above regulatory criteria based on previous environmental investigations of the site. These investigations were conducted by previous prospective developers, the Minnesota Pollution Control Agency (MPCA), and the city. The soil cleanup activities are necessary in order to safely restore the site for future use and to obtain regulatory approval from the MPCA Voluntary Investigation and Cleanup (VIC) Program. A Response Action Plan (cleanup plan) prepared by the city as part of a Phase II Environmental Assessment has been submitted and approved by the MPCA VIC Program. BACKGROUND The site is located at the core of the Gladstone Neighborhood and previously supported a railroad repair and maintenance facility that operated from the late 1940s until the 1980s. The site was then purchased by Whirlpool-Seeger Company and used for the storage and shipping of household appliances. The buildings on the site were demolished in 1979 and 1980. The site was subsequently acquired by the Trust for Public Land (TPL) in 1994 for a pass-through sale to the city as part of the city’s open space referendum. The city has conducted an extensive planning process that explored a number of redevelopment and restoration alternatives for the site. Based on information gathered during the planning process, a set of key objectives to guide the master plan for the site emerged, including the following: Create an urban preserve in the center of a vibrant neighborhood. Improve the site so that it becomes a stronger asset to the neighborhood and is usable to the community while retaining its natural open space character. Restore native plant communities to the site including oak savanna, prairie, and oak wood land. Implement stormwater improvements that will serve the site and neighboring properties. Packet Page Number 155 of 192 Integrate the stormwater improvements in a way that will enhance site ecology and aesthetics. Create opportunities for historical interpretation and education regarding natural and ecological systems. Clean up remnant pollutants related to historical industrial uses. DISCUSSION EPA has available Brownfields Cleanup Grant funds of $29.5 million for fiscal year 2011. These funds are available for communities seeking funding for the cleanup of brownfields redevelopment or restoration projects that meet the required eligibility criteria and overall goals and objectives outlined by EPA in guidelines, based on the Brownfields Law. The proposals will be evaluated by EPA, among other factors, on the extent to which the city demonstrates: • economic and environmental need; • a vision for reuse and capability to achieve the vision; • partnerships and leveraged resources necessary to complete the project; and • the economic, environmental, and social benefits associated with the project. The city is an eligible applicant and the project meets all of the necessary criteria for receiving funds from EPA. The EPA grant selection process is very competitive and involves the review of applications from across the country. As part of the application process city staff is seeking letters of support from the MPCA, TPL, Ramsey-Washington Watershed District, and Ramsey County (Parks and Trails). The EPA grant requires that the city provide a 20 percent match ($40,000) for the project. The source of these funds can come in the form of money, labor, materials, or services from non-federal sources. The grant funds are required to be spent within three years following the grant award. As part of the grant process, EPA requires that a resolution be adopted by the City Council in support of the grant application. This resolution and the application must be submitted to EPA no later than October 15, 2010. The EPA awards grant funds in early 2011. Another requirement of the grant process is community notice of the city’s intent to apply. City staff has published a notice in the Maplewood Review announcing the September 27, 2010, City Council review of the grant application. The grant process further requires that the City Council allow an opportunity for the public to review the cleanup proposal during the meeting and consider public comment. RECOMMENDATIONS 1. Allow an opportunity for public comment on the EPA Brownfields Grant application for the Gladstone Savanna. Any comments received will be forwarded with the application. 2. Adopt the attached resolution (Attachment 1) showing the city’s intent to apply for an EPA Brownfields Cleanup Grant in the amount of $200,000 to conduct cleanup activities on the Gladstone Savanna. Attachment: 1. Resolution of Support 2 Packet Page Number 156 of 192 Attachment 1 RESOLUTION NO. ___________ CITY OFMAPLEWOOD,MINNESOTA RESOLUTION IDENTIFYING THE CITY’S INTENT TO APPLY FOR U.S. ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS CLEANUP FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Maplewood is eligible to apply for U.S. Environmental Protection Agency (EPA) Brownfields Cleanup Grant funds prior to the application deadline of October 15, 2010 for the Gladstone Savanna; and WHEREAS the city has identified a proposed project within the city that meets the purposes and criteria of EPA Brownfields Cleanup Grant proposal guidelines and is consistent with and promotes the purposes of the Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law, P.L. 107-118); and WHEREAS the city has the institutional, managerial, and financial capability to ensure adequate project administration; and WHEREAS the city certifies that it will comply with all applicable laws and regulations, including those in the Brownfields Law and described in the EPA Brownfields Cleanup Grant proposal guidelines. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the city: 1. Finds that it is in the best interests of the city’s goals and priorities for the proposed project to occur at the Gladstone Savanna at this particular time. 2. Authorizes its city staff to submit on behalf of the city an application for the EPA Brownfields Cleanup Grant funds in the amount of $200,000 in order to help fund the cleanup of contaminated soil at the Gladstone Savanna and to execute such agreements as may be necessary to implement the grant application. th Adopted this 27 day of September, 2010. ___________________________________ ___________________________________ Mayor City Clerk Packet Page Number 157 of 192 Agenda Item J4 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Walser Automotive Used Car Sales—Conditional Use Permit SUBJECT: LOCATION: 2590 Maplewood Drive APPLICANT: Don Schilling DATE: September 21, 2010 INTRODUCTION Don Schilling, representing Walser Automotive Group, is requesting approval of a conditional use permit (CUP) to sell and repair used cars at the former Mitsubishi dealership building located at 2590 Maplewood Drive. The city ordinance requires a CUP to sell only used cars (the sale of new and used cars are permitted, however) and also for auto repair. BACKGROUND Past Action On August 7, 1980, the city council approved a special exception, an earlier version of a conditional use permit, for an auto-dealership on this property. The original use was a Datsun dealership. The special exception was conditioned upon water being extended to the site and closing the driveway to Highway 61 upon completion of the frontage road. On January 12, 1993, the community design review board approved plans for a showroom addition and a parts room addition. On June 28, 2007, the city staff approved plans for the refurbishing of the building exterior. The exterior improvements included replacing the existing standing seam fascia with an architectural composite metal, repaving and striping the parking lot, repairing the dumpster enclosure and adding landscaping. City Zoning Code Requirements Section 44-512(5) requires a CUP for the sale and leasing of “used” motor vehicles. Such used auto sales must also be at least 350 feet away from property that the city is planning for residential use. Section 44-512(8) requires a CUP for maintenance garages. Packet Page Number 158 of 192 DISCUSSION Conditional Use Permit The proposed used car sales operation would meet the requirements for CUP approval outlined in the city ordinance. This proposal would utilize the existing facility and would require no expansion or alteration of the building or site. After the site was developed for an auto dealership in 1981, the ordinance was amended to require a 350 foot separation from property zoned for residential. There is a home 225 feet to the northeast from this site. The existing building is grandfathered in since it was built under another set of guidelines. COMMISSION ACTIONS September7, 2010: The planning commission recommended approval of this CUP with the staff recommendation. RECOMMENDATION Adopt the resolution approving a conditional use permit to allow the sale of used cars and a vehicle garage at 2590 Maplewood Drive. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site and landscaping plans approved by the city date- stamped August 11, 2010. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. All activity shall be confined to the site. There shall be no loading or unloading of vehicles on the street rights-of-way. 5. The applicant shall comply with and observe the city’s noise ordinance as it relates to PA systems or any other business activity. 6. Comply with all city ordinance requirements for signage and parking. 2 Packet Page Number 159 of 192 REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.12 acres Existing Use: The former Mitsubishi Auto Dealership building SURROUNDING LAND USES North: Polaris, Victory & Suzuki Motorcycles South: Highway 61 Frontage Road and vacant property owned by Maplewood Imports East: Frontage Road and undeveloped property planned for residential use (although these are wetlands and not buildable) West: Highway 61 PLANNING Land Use Plan: C (commercial) Zoning: M1 (light manufacturing) Criteria for CUP Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. See findings 1-9 in the resolution. APPLICATION/DECISION DEADLINE We received the complete application and plans for this proposal on August 11, 2010. State law requires that the city take action within 60 days of receiving complete applications. The deadline for city council review, therefore, is October 10, 2010. p:sec9\Walser Used Car Sales CUP CC 9 10 te Attachments 1. Location/Zoning Map 2. Land Use Plan Map 3. Site Plan 4. Applicant’s Letter of request date-stamped August 24, 2010 5. Conditional Use Permit Resolution 6. Plans date-stamped August 11, 2010 (separate attachment) 3 Packet Page Number 160 of 192 Packet Page Number 161 of 192 Packet Page Number 162 of 192 Packet Page Number 163 of 192 Packet Page Number 164 of 192 Packet Page Number 165 of 192 Attachment 5 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Don Schilling, representing Walser Automotive Group, applied for a conditional use permit to sell used cars and operate a vehicle maintenance garage. WHEREAS, Section 44-512(5) of the city ordinances requires a conditional use permit for the sale and leasing of used motor vehicles. WHEREAS, Section 44-512(8) of the city ordinances requires a conditional use permit for maintenance garages. WHEREAS, this permit applies to the property located at 2590 Maplewood Drive. The legal description is: Lots 1, 2, 3 and 4, Block 2, Speiser’s Arbolada; and the South 3 feet of Lot 10, W.H. Howard’s Garden Lots. (Torrens Property—Certificate of Title No. 295761) That part of Lot 14, W.H. Howard’s Garden Lots lying Westerly and Northwesterly of the center line of Duluth Street, according to the recorded plat thereof. (Abstract Property) That part of Lot 15, of W.H. Howard’s Garden Lots which lies Northwest of the following described line; A line running parallel to and 50 feet Northwest of the following described line: Beginning at a point on the North line of Section 9, Township 29 North, Range 22 West, distant 1,586.86 feet East of the North quarter corner thereof; thence run Southerly at an angle of 90 degrees 46’45” with said North section line (measured from East to South) for 1,028.82 feet; thence deflect to the right on a 20’ 00” curve (delta angle 64 degrees 45’ 24”) for 323.78 feet; thence on a tangent to said curve for 226.35 feet; thence deflect to the left on a 20 degree 00’ curve (delta angle 48 degrees 17’ 35”) for 241.27 feet; thence on a tangent to said curve for 503.38 feet; thence deflect to the right on a 1 degree 00’ curve (delta angle 5 degrees 16’ 30”) for 527.50 feet and there terminating. WHEREAS, the history of this conditional use permit is as follows: 1. On September 7, 2010, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. Packet Page Number 166 of 192 2. On September 27, 2010, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause no more than minimal adverse environmental effects. 9. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date-stamped August 11, 2010. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. All activity shall be confined to the site. There shall be no loading or unloading of vehicles on the street rights-of-way. 5. The applicant shall comply with and observe the city’s noise ordinance as it relates to PA systems or any other business activity. 6. Comply with all city ordinance requirements for signage and parking. The Maplewood City Council __________ this resolution on ___________. 2 Packet Page Number 167 of 192 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 7, 2010 5. PUBLIC HEARING a. Conditional Use Permit for Use Car Sales, 2590 Maplewood Drive, Don Schilling, Walser Automotive Group Mr. Ekstrand provided the following background information on this matter. Mr. Schilling of Walser Automotive Group (Walser) is requesting approval of a Conditional Use Permit (CUP) to be allowed sell used cars from the former Mitsubishi site referenced above. Walser Automotive would like to commence operations of used car sales. City code allows for the sale of new and used cars, but not used cars only; therefore, a CUP is required. Staff supports approval of this CUP with the usual provisions and zoning requirements, including complying with signage requirements and restricting the loading and unloading of vehicles to the site property. In response to a question from Commissioner Martin, Staff explained that it is not necessary for the CDRB to review this application because the application refers only to the use and not to the design. Visitor Don Schilling of Walser commended Staff on his presentation of the issues and offered to answer any questions. The public hearing portion of this issue was closed. Commissioner Pearson moved to adopt the staff’s recommendation to approve CUP to allow the sale of used cars at 2590 Maplewood Drive. Approval is based on the findings required by ordinance and subject to the conditions 1 through 6. Commissioner Nuss seconded the motion. Ayes all; motion carries. This matter will go before the City Council at its meeting scheduled for September 27, 2010. September 7, 2010 Planning Commission Meeting Minutes 1 Packet Page Number 168 of 192 Agenda Item J5 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Rezonings withinthe Gladstone Neighborhood SUBJECT: LOCATION: Properties near the intersection of Frost Avenue and English Street VOTE REQUIRED:Simple Majority Required for Approval DATE: September 17, 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 The last area to be rezoned to coincide with the 2030 Comprehensive Plan is the Gladstone Neighborhood. This area, which is generally defined as properties surrounding the intersection of Frost Avenue and English Street, is guided as mixed use and medium density residential (refer to attached Gladstone Neighborhood Comprehensive Plan Land Use Map). The mixed use land use is intended for commercial retail or service businesses, offices and high-density housing (6 to 31 units per net acre). The medium density residential land use is intended for moderately higher densities ranging from 6.1 to 10 units per net acre. Housing types in this land use category would typically include lower density attached housing and higher density single family detached housing units. Some forms of stacked housing (condominiums and apartments) could be integrated into medium density areas, but would need to be surrounded by additional green space. The Gladstone Neighborhood is currently zoned several different zoning districts including M1 (light manufacturing), BC (business commercial), BC-M (business commercial modified), R-3 (multiple dwelling residential), R1S (small-lot single-dwelling)and R-2 (double-dwelling residential),(refer to attached Gladstone Neighborhood Zoning Map). The zoning must be changed to reflect the Comprehensive Plan designations, as well as meet the goals and objectives of the Gladstone Neighborhood Master Plan. Request Rezone the properties withinthe Gladstone neighborhood to the appropriate zoning districts. Packet Page Number 169 of 192 BACKGROUND November 2003the City of Maplewood received an $8,000 Livable Communities Demonstration Account (LCDA) grant from the Metropolitan Council in order to hire a planning consultant to create a redevelopment concept plan for the Gladstone Neighborhood. December 4, 2006, the Metropolitan Council awarded a $1.8 million LCDA grant to the City of Maplewood for public improvements associated with Phase I redevelopment of the Gladstone Neighborhood. Phase I included the redevelopment of the St. Paul Tourist Cabin site (940 Frost Avenue) with a 180-unit senior housing development. On February 5, 2007, city staff presented a brief introduction to the proposed Gladstone zoning ordinance during a city council workshop. The zoning approach included a form-based ordinance which would have enabled the city to articulate and achieve the desired pattern and character of uses within the Gladstone Neighborhood. Form-based ordinances regulate building facades and site frontages based on an overall district character and the interface between development and the public domain (which is most commonly a public street). The city council took no action on the proposed form-based zoning ordinance. March 2007 the city council approved the Gladstone Neighborhood Redevelopment Plan, which is a guide to redevelopment in the Gladstone Neighborhood. The plan includes a conceptual redevelopment plan, housing densities, and commercial components which are based on market forces and other redevelopment variables existing at the time of adoption. On December 9, 2009, the Metropolitan Council gave final approval to the 2030 Comprehensive Plan. December 31, 2009, the City of Maplewood rescinded the $1.8 million LCDA grant due to the original redevelopment proposal for the St. Paul Tourist Cabin site falling through. January 25, 2010, the city council adopted the 2030 Comprehensive Plan, which reguides the land use designation in the Gladstone Neighborhood to meet the use and density as proposed in the Gladstone Neighborhood Redevelopment Plan. July 12, 2010, the city submitted a new LCDA grant application for public improvements associated with Phase I redevelopment of the Gladstone Neighborhood.Phase I includes the development of the St. Paul Tourist Cabin site (940 Frost Avenue) with a new senior housing project called The Shores at Lake Phalen. The grant application requests $1.4 million in order to help fund the reconstruction and/or rehabilitation of Frost Avenue between Highway 61 and Phalen Place; construction of stormwater improvements on or adjacent to The Shores at Lake Phalen development site; and the extension of sanitary sewer along East Shore Drive to serve the proposed The Shores at Lake Phalen development. August 9, 2010, the city council approved a tax increment (TIF) financing housing district for The Shores at Lake Phalen site (940 Frost Avenue). The city council determined that the TIF district willafford maximum opportunity for the development of the housing district to occur by a private enterprise. August 9, 2010, the city council approved the land use permits associated with The Shores at Lake Phalen(940 Frost Avenue). The development consists of a105 unit, three story low- to moderate-income assisted living facility. This includes 32 memory care apartments and 73 Packet Page Number 170 of 192 assisted living units. Construction of the first phase is currently planned to begin in fall of 2010 and be complete by the end of 2011. A future phase of development isplanned on the southern portion of the site. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning controls within nine months of their adopting their revised comprehensive land use plan. As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Mixed Use and Multiple Residential? As stated above in the background section, the city council approved the Gladstone Neighborhood Redevelopment Plan in March 2007.The plan is intended as a guide to redevelopment in the Gladstone Neighborhood and includes aconceptual redevelopment plan, housing densities, and commercial components which are based on market forces and other redevelopment variables existing at the time of adoption. The forward statement on the plan states “As a guide, the plan should be considered a flexible concept planwhich can be modified basedon the changing market forces and redevelopment variables.” The Master Plan was originally created by the Gladstone Task Force. The task force was made up of 20 people representing the Maplewood council/commissions/boards, neighborhood residents, business owners, and the community at large. The task force met with the city’s planning consultants during several meetings throughout 2005 and 2006 to draft a redevelopment plan for the area. The city council adopted an amended version of the task force’s recommended plan. The 2030 Comprehensive Plan reguided the Gladstone Neighborhood with a medium density and mixed use land use designation, which meets the basic intent of the Gladstone Neighborhood Master Plan. As discussed at an earlier planning commission meeting, staff will be working on developing a mixed use zoning district specific to the Gladstone Neighborhood. The planning commission can expect to discuss this zoning district at one of its future meetings. Property Tax Impact Property ownershave 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.” Packet Page Number 171 of 192 Conclusion State statute requires that the city revise the zoning map to match the adopted land use guides forthe Gladstone Neighborhood contained within the comprehensive plan. Therefore, staff is recommending the city council revise the zoning map accordingly. COMMISSION ACTIONS September 7, 2010: The planning commission recommended approval of this rezoning. RECOMMENDATION Approvethe rezoning of the properties within the Gladstone Neighborhood, near the intersection of English Street and Frost Avenue, fromR2 (double-dwelling), R1S (small-lot single-dwelling), M1 (light manufacturing), BC (business commercial)and BCM (business commercial modified) to R3 (multiple dwelling residential) and MU (mixed use).Please refer to the attached maps and resolution for the specific rezonings.Theserezoningsarebased on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. Packet Page Number 172 of 192 REFERENCE AREADESCRIPTION Number of Site:58 parcels PLANNING Land Use Plan Designation: Mixed Use and Medium Density Residential Zoning: Current: R1S, M1,BC, BCMand R2; Proposed: MU and R3 p:Compplan\zoning follow-up to 2030 Plan\Rezoning Gladstone_CC_092710 Attachments: 1.Land Use Map 2.Current ZoningMap 3.Proposed Zoning Map 4.Draft Planning Commission Minutes, September 7, 2010 5.Rezoning Resolution Packet Page Number 173 of 192 Packet Page Number 174 of 192 Packet Page Number 175 of 192 Attachment 3 English Street DIETER ST Packet Page Number 176 of 192 Attachment 4 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 7, 2010 5.PUBLIC HEARING c. Rezoning within the Gladstone Neighborhood to Multiple Dwelling and Mixed Use. Mr. Ekstrand introduced this item. This is the final zoning map revision to review as a result of the 2030 Comprehensive Plan Update. Staff is recommending changing certain zonings in the Gladstone Neighborhood to bring them into compliance with the plan, which should result in mixed-use zoning or multiple dwelling zoning. The changes proposed would change certain properties to R3 (multiple dwelling residential) and MU (mixed use). Al Olson, 1221 Frost Avenue, Ku Vang, 1310 Frost Avenue, and Victor Meysenburg, 1851 Ide Street, addressed the commission. The public hearing for Gladstone Neighborhood Rezoning was closed. Motion: Yarwood to approve the rezoning of properties within the Gladstone Neighborhood, near the intersection of English Street and Frost Avenue, from R2 (double-dwelling), R1S (small-lot single-dwelling), M1 (light manufacturing), BC (business commercial) and BCM (business commercial modified) to R3 (multiple dwelling residential) and MU (mixed use). Please refer to the attached maps and resolution for the specific rezonings. These rezonings are 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 Pearson seconded the motion. Ayes: Bierbaum, Fischer, Martin, Pearson, Yarwood Nays: Nuss Tanya apposed because she lacks background on the Gladstone Neighborhood redevelopment matter and would have preferred that the matter would have been tabled pending additional information. This matter will goes before the City Council on September 27, 2010. Commissioner Yarwood encouraged staff to try to protect and preserve the interests of the existing businesses until such time that there is a development proposal for the area. Packet Page Number 177 of 192 Attachment 5 REZONING RESOLUTION WHEREAS ,the City of Maplewood city staffproposed severalchange to the city's zoning map within the Gladstone Neighborhood; WHEREAS , thezoning map changesto MU (mixed use) applies to propertieslocated near the intersection of Frost Avenue and English Street.The property identification numbers identifying the affected properties are: PIN 15-29-22-23-0023,PIN 15-29-22-23-0016,PIN 15-29-22-23-0024, PIN 15-29-22-32-0028, PIN 15-29-22-32-0077, PIN 15-29-22-23-0055, PIN 15-29-22-32-0092, PIN 15-29-22-32-0076, PIN 16-29-22-14-0081, PIN 16-29-22-14-0085, PIN 16-29-22-14-0070, PIN, 16-29-22-14-0084, PIN 16-29-22-14-0092, PIN 16-29-22-14-0075, PIN 16-29-22-14-0071, PIN 16-29-22-14-0080, PIN 16-29-22-14-0082, PIN 16-29-22-14-0076, PIN 16-29-22-14-0072, PIN 16-29-22-14-0086, PIN 16-29-22-14-0079, PIN 16-29-22-14-0083, PIN 16-29-22-14-0077, PIN 16-29-22-14-0091, PIN 16-29-22-14-0074, PIN 16-29-22-14-0073, PIN 16-29-22-14-0078, PIN 16-29-22-14-0087, PIN 15-29-22-23-0087, PIN 15-29-22-23-0054, PIN 15-29-22-32-0038, PIN 15-29-22-23-0052, PIN 15-29-22-32-0091, PIN 15-29-22-32-0093, PIN 15-29-22-23-0051, PIN 15-29-22-23-0094, PIN 15-29-22-23-0015, PIN 16-29-22-14-0095, PIN 16-29-22-14-0097, PIN 15-29-22-23-0100, PIN 16-29-22-14-0098, PIN 16-29-22-14-0096, PIN 16-29-22-14-0099, PIN 15-29-22-23-0014, PIN 15-29-22-23-0038, PIN 15-29-22-32-0090 WHEREAS , thezoning map changesto R3 (multiple residential) applies to properties located near the intersection of Frost Avenue and English Street. The property identification numbers identifying the affected properties are: PIN 15-29-22-23-0056, PIN 15-29-22-23-0085, PIN 15-29-22-32-0094, PIN 15-29-22-23-0011, PIN 16-29-22-42-0004, PIN 16-29-22-42-0002, PIN 16-29-22-42-0001, PIN 16-29-22-42-0003, PIN 15-29-22-23-0086, PIN 15-29-22-23-0013, PIN 15-29-22-32-0083, PIN 15-29-22-32-0095 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 MU or 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. Packet Page Number 178 of 192 WHEREAS , the history of this change is as follows: 1.OnSeptember 7, 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 _________, 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 ___________this resolution on ______, 2010. Packet Page Number 179 of 192 Agenda Item J6 AGENDA REPORT TO: James Antonen, City Manager Chuck Ahl, Assistant City Manager FROM: DuWayne Konewko, Community Development and Parks Director SUBJ: Consider Approval to Purchase Approximately 2 Acres of Land From Gethsemane Church for Proposed Park DATE: September 20, 2010 for September 27, 2010 Council Meeting INTRODUCTION At the May 10, 2010 City Council meeting, council authorized staff to extend the current lease agreement with Gethsemane Church for four months (thru September 2010) and directed staff to enter into negotiations with Gethsemane Church for the purchase of two acres of land. To that end, staff was able to reach an agreement with Gethsemane Church for the purchase of approximately two acres of land for $372,400. The actual purchase price was $395,000 minus a credit of $22,600 which corresponds to one-half of the total lease payments made by buyer to seller pursuant to the existing lease over the past 2.5 years and extending out thru September 2010 (refer to attachment #1 for a copy of the Purchase Agreement). The legal description for the property identified as Parcel B is the south 319.45 feet of the east 271.50 feet of Tract B, Registered Land Survey No. 582, files of the Register of Titles, Ramsey County, Minnesota (refer to attachment #2 for a copy of the legal description and drawing). In addition to the agreement between both parties regarding the purchase of said property, staff and Gethsemane Church reached an agreement on leasing the remaining eight acres. The City will pay $1.00 a year commencing on the effective date of agreement to purchase property and continuing through December 31, 2012 (refer to attachment #3 for a copy of Exhibit A to Purchase Agreement – Amendment No. 4 to Lease). In addition, Gethsemane Church has agreed to work with City staff through the permitting process to secure access to utilize the ball fields. The City will continue to provide maintenance and be responsible for general upkeep. BACKGROUND The original lease agreement with Gethsemane Church was required to bridge the period prior to the construction of a proposed Senior Housing project on six of the 10 acres. The remaining 4 acres was proposed to be sold to the City for a park. At this point, the Senior Housing Project has not started. However, Gethsemane Church is committed to seeing this project through and is currently in discussions with various entities regarding funding. At the April 21, 2010 Park Commission meeting, the commission moved to not support the extension of the lease with Gethsemane Church on a 6 -3 vote. The lease payment that was brought forward to the Parks Commission was $1,800 a month. The Park Commission concerns were two-fold. First, per original purchase agreement, Gethsemane Church had exclusive use during specified times and secondly, the further Packet Page Number 180 of 192 along the city continued with this lease agreement, the more difficult it would become to severe this lease agreement because of the financial commitment. The minority opinion indicated a park was needed in this area and the City should continue with the lease agreement and explore all other options prior to severing this agreement. The concern here is that the residents in this area would no longer have access to a park which is in conflict with one of the goals of the 2030 Comprehensive Plan. Chapter six of the 2030 Comprehensive Plan - Parks, Trails and Open Space states “All residents should be within a ½ mile of a park, which could be active or passive and is independent of ownership”. Staff believes that compelling arguments can be made to support both of these positions. Maplewood’s 2030 Comprehensive Plan discusses Gethsemane Park and concludes that “If agreement is not met for the preservation of this park, an active park replacement should be identified to adequately provide park facilities to this neighborhood”. FINANCING A detailed review of the Park Development Fund (Fund #403) by the Finance Manager, has determined that the 2010 Budget called for a $460,000 expenditure for the Gladstone Savanna in 2010, while the proposed 2011 – 2015 CIP also called for a $600,000 expenditure for the Gladstone Savanna. Obviously, this is an error in the projections and double counts the expenditure. Therefore, there is an additional $460,000 that can be applied to the purchase of this property. The projected 2010 year end fund balance for the Parks Development Fund is $771,466. If you add back this $460,000 - the fund balance works out to be $1,231,466. Similarly, the projected 2011 year end fund balance is $303,696 which would increase to $763,696 with the addition of the $460,000. In other words, the purchase of this property from Gethsemane Church will have no impact on the projects included in the 2011-2015 Capital Improvement Plan that was adopted by council. To that end, staff is proposing that the monies used for the purchase of this property in the amount of $372,400 come directly from the Park Development Fund. Projects identified in the 2011-2015 will not be impacted by this expenditure. RECOMMENDATION Staff recommends the City Council approve the Purchase Agreement authorizing the purchase of approximately two acres of land from Gethsemane Church for a proposed park. The monies in the amount of $372,400 would come directly from the Park Development Fund. : Attachments 1. Purchase Agreement Between Gethsemane Church and the City of Maplewood 2. Parcel B – Legal Description and corresponding drawing 3. Exhibit A to Purchase Agreement – Amendment No. 4 to Lease 2 Packet Page Number 181 of 192 Attachment 1 PURCHASE AGREEMENT This Agreement is made as of the “Effective Date” (as defined in Section 13 below), between Gethsemane Lutheran Church, a Minnesota non-profit corporation (“Seller”), and The City of Maplewood, a Minnesota municipal corporation (“Buyer”). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (referred to herein as the “Property”): Real property located in Ramsey County, Minnesota, described as the south 319.45 feet of the east 274.50 feet of Tract B, Registered Land Survey No. 582, files of the Registrar of Titles, Ramsey County, Minnesota. Generally describe as South ½ of the most easterly 3.358 acres of Tract B, Registered Land Survey No. 582 (being a vacant land parcel situated in the northwest corner of Bartelmy Lane & 7th Street). Buyer shall, at its cost, obtain a legal description of the Property prepared by a Minnesota licensed surveyor, which description shall be reasonably satisfactory to Seller and acceptable to the Ramsey County Registrar of Titles for recording. All survey costs shall be Buyer’s responsibility to pay. 2. Purchase Price and Manner of Payment. The purchase price to be paid for the Property is Three Hundred and Ninety-Five Thousand and no/100ths Dollars ($395,000.00). The Purchase Price is payable as follows: 2.1 Buyer shall receive a credit equal to $22,600.00, which credit amount corresponds to one-half of the total lease payments made by Buyer to Seller for parkland pursuant to the existing lease between Buyer and Seller over the past approximately 2.5 years through September 2010. 2.2 The balance of the Purchase Price in cash or by wire transfer of funds on the date of Closing. 3. [Intentionally omitted.] 4. Closing. The closing of the purchase and sale contemplated by this Agreement (“the Closing”) will occur at 9:00 a.m. on October 29, 2010, at the City offices of Buyer unless another time or place is agreed upon in writing by both parties prior thereto. Seller agrees to deliver possession of the Property to Buyer at the Closing. 4.1 Seller’s Closing Documents. On the date of Closing, Seller will execute and deliver to Buyer the following (collectively, “Seller’s Closing Documents”): 4.1.1 Deed. A Warranty Deed conveying the Property to Buyer, which deed shall include a statutory well certification and be subject to “Permitted file://N:/PL/19903/19903-003/1109510.doc Packet Page Number 182 of 192 Exceptions” as defined in Section 5 below. 4.1.2 Lease Amendment. An amendment to the current lease between Buyer and Seller in form attached hereto as Exhibit A (the “Lease Amendment”). 4.2 Buyer’s Obligation. On the date of Closing, Buyer will deliver to Seller the following: 4.2.1 Funds representing the Purchase Price less the amount contemplated by § 2.1; and 4.2.2 The Lease Amendment. 4.3 Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding the Agreement. 4.4 Title Insurance and Closing Fee. Except as expressly provided below, Buyer will pay all closing costs, including the cost to record the deed. 4.5 Deed Tax. Seller will pay all state deed tax payable to record the deed. 4.6 Real Estate Taxes and Special Assessments. The parties acknowledge that the Property is not subject to real estate taxes nor any assessments. To the extent any assessment(s) arise prior to Closing, Buyer shall assume responsibility for such assessment(s) and take title subject thereto as a Permitted Exception hereunder. 5. Title Examination. Title Examination will be conducted as follows: 5.1 Title Evidence. Buyer shall, at Buyer’s cost, within 20 days after the date of this Agreement, obtain evidence of title to the Property (the “Title Evidence”). Buyer will deliver a copy of the Title Evidence to Seller. 5.2 Buyer’s Objections. Within 20 days after receiving the Title Evidence, Buyer shall make written objections (“Objections”), if any, to the marketability of title to the Property. Buyer’ failure to make Objections within the time period will constitute waiver of Objections. Any matter shown on that Title Evidence and not objected to by Buyer will be a ‘Permitted Exception” hereunder. Seller shall have the right but not the obligation to cure any Objection. In the event Seller elects to attempt to cure an Objection, Seller will notify Buyer thereof, whereupon Seller will have 100 days after receipt of the objections to cure the Objections, during which period the Closing will be postponed, if necessary. If the Seller elects not to cure an Objection, or if all Objections are not cured within the 100 day period, Buyer’s only remedies will be the following: 5.2.1 Terminate this Agreement; or 5.2.2 Waive the Objections (which shall then become “Permitted Exceptions”) and proceed to Closing. file://N:/PL/19903/19903-003/1109510.doc Packet Page Number 183 of 192 For purposes hereof, the term “Permitted Exceptions” shall mean (a) all matters of record (to the extent not cured by Seller if Objection thereto is made by Buyer, if applicable) (b) matters, if any, as may be disclosed by an accurate survey of the Property; and (c) such other matters, if any, as may be or become Permitted Exceptions pursuant to the terms of this Purchase Agreement. 6. Operation Prior to Closing. During the period from the date of Seller’ acceptance of this Agreement to the date of Closing, Buyer will operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance, all in accord with the terms of the existing lease between Buyer and Seller. Seller will execute no contracts, leases or other agreements regarding the Property that are not terminable on or before the date of Closing without the prior written consent of Buyer, which consent may be withheld by Buyer at their sole discretion. 7. Representations, Warranties and Certifications by Seller/AS-IS. 7.1 Existence; Authority. Seller represents, warrants and certifies to Buyer that Seller is a fee owner in good standing, and/or has the requisite power and authority to enter into and perform this Agreement and Seller’s Closing Documents; the documents have been duly authorized by all necessary action; the documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 7.2 AS-IS.Neither Seller nor any agent acting on behalf of Seller have made any representations or warranty concerning any environmental or physical aspect of the Property, and the Buyer is relying solely upon their own inspection, investigation and review, if any. Notwithstanding any provision of this Purchase Agreement to the contrary, the Property and any right, interest or title Seller may or may not have therein is being sold AS–IS, WHERE IS, and without any warranty or representation of any kind with respect to right, title, interest, marketability, fitness, merchantability or any other matter, either express or implied. 7.3 Wells. The Seller certifies that Seller does not know of any well on the Property which comes within the meaning of Minn. Stat. § 103I and agrees that a statement to that effect shall be included on the deed at Closing; this certification is intended to satisfy the requirements of that statute. 7.4 Septic System. The Seller hereby represents and notifies Buyer of the non- existence of a septic system in operation on the Property. 8. Broker’s Commission. Seller and Buyer represent to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnify and hold each other harmless from all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or file://N:/PL/19903/19903-003/1109510.doc Packet Page Number 184 of 192 lawsuit brought to recover any fees or commissions incurred by the other party, including attorney’s fees. 9. Survival. All of the terms of this Agreement and warranties and representations herein contained will survive and be enforceable after the Closing. 10. Notices. Any notice required or permitted will be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Buyer: City of Maplewood 1830 County Road B, East Maplewood, MN 55109 Fax Number: ______________ If to Seller: Gethsemane Lutheran Church 2410 Stillwater Road Maplewood, MN 55109 Fax Number: ______________ Notices will be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of the change. 11. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the sale of the Property; it being acknowledged, however, that this Purchase Agreement does not supersede, modify or limit the terms of the existing lease between the parties, which is referenced on Exhibit A attached hereto, except to the extent of the terms of the Lease Amendment once such terms take effect at closing; provided, further, that the credit set forth in Section 2.1 shall be the only credit which Buyer shall be entitled to receive in connection with its purchase of the Property, notwithstanding any term of said existing lease between the parties (including addenda thereto) to the contrary. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 12. Remedies. If Seller defaults in the performance of its obligations hereunder, then Buyer’s sole remedy will be to terminate the Purchase Agreement. If Buyer defaults in the performance of its obligations hereunder, then Seller’s sole remedy will be to terminate the Purchase Agreement. If in the event of termination of this file://N:/PL/19903/19903-003/1109510.doc Packet Page Number 185 of 192 Purchase Agreement, the parties agree that the existing lease over the parcel will survive and continue. 13. Withdrawal of Offer. This Agreement will be deemed to be withdrawn, unless accepted by Buyer, and a fully executed counterpart of this Agreement returned to Seller on or before 4:30 p.m. on September 30, 2010. Provided this Agreement is accepted by Buyer and fully executed and delivered to Seller on or before 4:30 p.m. on September 30, 2010. The “Effective Date” of this Agreement shall be the date upon which Buyer delivers a fully executed counterpart of this Agreement to Seller. [Signatures on next page] file://N:/PL/19903/19903-003/1109510.doc Packet Page Number 186 of 192 IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the date first written above. Dated as of the Effective Date (as defined above). SELLER: BUYER: GETHSEMANE LUTHERAN CHURCH THE CITY OF MAPLEWOOD By: _______________________________ By: ______________________________ Its: _______________________________ ____________________, Mayor City of Maplewood Date of Seller’s1830 East County Road B Execution: _________________________ Maplewood, MN 55119 And By: ______________________________ ________________, City Manager City of Maplewood 1830 East County Road B Maplewood, MN 55119 And By: ______________________________ ________________, City Attorney City of Maplewood 1830 East County Road B Maplewood, MN 55119 And By: ______________________________ __________________, City Clerk City of Maplewood 1830 East County Road B Maplewood, MN 55119 Date of Buyer’s Execution: _______________________ file://N:/PL/19903/19903-003/1109510.doc Packet Page Number 187 of 192 Attachment 2 DESCRIPTION OF PROPERTY SURVEYED (Per Commercial Partners Title, LLC, as agent for Chicago Title Insurance Company, Commitment for Title Insurance File No. 29382, dated March 31, 2007) Tract B, Registered Land Survey No. 582, Ramsey County, Minnesota. Torrens Property Torrens Certificate No. 538967 (Note: Commitment covers additional property) PROPOSED PARCEL A DESCRIPTION Tract B, Registered Land Survey No. 582, files of the Registrar of Titles, Ramsey County, Minnesota, except the south 319.45 feet of the east 274.50 feet of said Tract B. PROPOSED PARCEL B DESCRIPTION The south 319.45 feet of the east 274.50 feet of Tract B, Registered Land Survey No. 582, files of the Registrar of Titles, Ramsey County, Minnesota. Packet Page Number 188 of 192 Packet Page Number 189 of 192 Attachment 3 EXHIBIT A TO PURCHASE AGREEMENT AMENDMENT NO. 4 TO LEASE THIS AMENDMENT NO. 4 TO LEASE ("Amendment No. 4") is made as of the ______ day of _________________, 2010 (“Effective Date”), by and between Gethsemane Lutheran Church, a Minnesota non-profit corporation (“Landlord”), and The City of Maplewood, a Minnesota municipal corporation (“Tenant”). RECITALS: WHEREAS, Landlord and Tenant are parties to a certain Amended and Restated Lease dated April 1, 2008 (the "Original Lease"), providing for Tenant’s leasing from Landlord of certain “Premises” described in the Original Lease; WHEREAS, the Original Lease was amended by a certain Addendum executed by Landlord and Tenant (authorized by the City Council at the July 14, 2008 City Council Meeting), and was further amended by a certain Addendum #2 executed by Landlord and Tenant (authorized by the City Council at the April 27, 2009 City Council Meeting), and was further amended by a certain Addendum #3 executed by Landlord and Tenant (authorized by the City Council at the May 10, 2010 City Council Meeting) (the Original Lease, as so amended, is referred to herein as the “Current Lease”); WHEREAS, for good and valuable consideration, including but not limited to the parties’ execution, delivery and performance of the terms of this Amendment No. 4, a portion of the Premises (referred to herein as the “Sale Parcel”) has on the date hereof been sold and conveyed by Landlord to Tenant pursuant to a Purchase Agreement between Landlord, as seller, and Tenant, as buyer, dated ________________, 2010, as evidenced by a deed from Landlord, as grantor, to Tenant, as grantee, also of even date herewith (the “Deed”), the legal description of which Sale Parcel is as set forth in the Deed; WHEREAS, the parties desire to amend the Current Lease to, in part, modify the description of the Premises to exclude the Sale Parcel, to extend the term of the Current Lease so as to end on December 31, 2012, and to modify the rent to be paid by Tenant to Landlord; NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties agree as follows: 1.Interpretation of Amendment. The Current Lease is hereby modified and supplemented. Wherever there exists a conflict between this Amendment No. 4 and the Current Lease, the provisions of this Amendment No. 4 shall control. Unless otherwise indicated, file://N:/PL/19903/19903-003/1109487.doc Packet Page Number 190 of 192 capitalized terms shall be defined in the manner set forth in the Current Lease. Except as expressly modified or supplemented herein, the Current Lease has not been amended or revised and is in full force and effect. The term “Lease” shall mean and refer to the Current Lease as amended by this Amendment No. 4. 2.Premises. From and after the Effective Date, the Premises shall be as described in the Current Lease but shall exclude the Sale Parcel. 3.Extension of Term. The parties agree that the term of the Lease is hereby extended for an approximately twenty (20) month period such that the expiration date of the Current Lease shall be December 31, 2012, and that the first sentence of Section 1 of the Current Lease is superseded hereby. The parties agree that the last sentence of Section 1 of the Original Lease is no longer in force and that the remaining terms of Section 1 of the Original Lease remain in full force and effect. 4.Modified Rent. Rent for the period commencing on the Effective Date and continuing through December 31, 2012 shall be $1.00 per annum due and payable on January 2 of each calendar year; provided, that rent payable for the partial calendar year from the Effective Date through December 31, 2010 shall be $1.00, the payment of which rent for said partial year is hereby acknowledged. 5.Use of Sale Parcel as a Park. Consistent with the terms of the Current Lease, Tenant shall use the Sale Parcel only for the operation of a public park and athletic fields consistent with the current scope of such use by Tenant. . 6.Purchase of Additional Land. In the event Landlord offers to sell to Tenant the portion of the Premises comprised of the North ½ of the most easterly 3.358 acres of Tract B, Registered Land Survey No. 582, Ramsey County (the “North Park Parcel”) in the context of developing the remainder of the Premises as a senior housing or other project, Tenant agrees that it will purchase said North Park Parcel on the offered terms and conditions to the extent they are reasonably satisfactory to Tenant. [Remainder of this page intentionally left blank.] file://N:/PL/19903/19903-003/1109487.doc Packet Page Number 191 of 192 IN WITNESS WHEREOF, the parties have executed this Amendment No. 4 effective as of the day and year first above written. LANDLORD:TENANT: GETHSEMANE LUTHERAN CHURCH THE CITY OF MAPLEWOOD By: _______________________________ By: ___________________________________ Its: _______________________________ __________________________, Mayor City of Maplewood Date of Landlord’s1830 East County Road B Execution: _________________________ Maplewood, MN 55119 And By: ____________________________________ _____________________, City Manager City of Maplewood 1830 East County Road B Maplewood, MN 55119 And By: ___________________________________ ____________________, City Attorney City of Maplewood 1830 East County Road B Maplewood, MN 55119 And By: ___________________________________ _______________________, City Clerk City of Maplewood 1830 East County Road B Maplewood, MN 55119 Date of Tenant’s Execution: _______________________ file://N:/PL/19903/19903-003/1109487.doc Packet Page Number 192 of 192