HomeMy WebLinkAbout2010 10-11 City Council Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday,October 11,2010
City Hall, Council Chambers
Meeting No. 21-10
A.CALL TO ORDER
B.PLEDGE OF ALLEGIANCE
1.Acknowledgementof Maplewood Residents Serving the Country.
C.ROLL CALL
Mayor’s Address on Protocol:
“Welcometo 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 Mayorand
Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond
to comments.”
D.APPROVAL OF AGENDA
E.APPROVAL OFMINUTES
1.Approval of September 27, 2010 City Council Workshop Minutes
2.Approval of September 27, 2010 City Council Minutes
F.APPOINTMENTS AND PRESENTATIONS
CONSENT AGENDA –
G.Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember requests
additional information or wants to make a comment regarding an item, the vote should be held
until the questions or comments are made then the single vote should be taken. If a
councilmember objects to an item it should be removed and acted upon as a separate item.
1.Approval Of Claims
2.Approval of Resolution Authorizing Execution of Agreement – Safe & Sober
Communities Grant
3.Approval of Resolution for Modification of the Existing Construction Contract, Change
Order #2, Stillwater Road Improvements, Project 09-04
H.PUBLIC HEARINGS
1.7:00 p.m. or Later - Rolling Hills of Maplewood Mobile Home Park – Conditional Use
Permit Reconsideration
I.UNFINISHED BUSINESS
1.White Bear Avenue/County Road D Improvements, Project 08-13, Resolution Adopting
Revised Assessment Roll
2.Frost Avenue Bridge Replacement, City Project 10-07, Approval of Bridge Design
Aesthetics
J.NEW BUSINESS
1.Approval of On-Sale Intoxicating Liquor License for DogHouse Bar & Grill
2.Revisions to I-94 Corridor Joint Powers Agreement
a.Resolution of Approval of Changes to Joint Powers Agreement
b.Appointments to Policy Advisory Commission Technical Advisory Commission
3.2011 Charitable Gambling FundsRequests
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 CIVILITYFOR OUR COMMUNITY
Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings
– elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard
andunderstood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is
understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep
emotions in check and use respectful language.
MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:15 p.m., Monday,September 27, 2010
Council Chambers, City Hall
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 5:15p.m.by Mayor Rossbach.
B. ROLL CALL
Will Rossbach, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
James Llanas, Councilmember Present
John Nephew, Councilmember Present
C.APPROVAL OF AGENDA
CouncilmemberNephewmoved to approve the agenda as submitted.
Seconded by CouncilmemberKoppen. Ayes – All
The motion passed.
D.UNFINISHED BUSINESS
1.Wipers Recycling v. City of Maplewood
a.Declaration of Intent to Close Meeting for Attorney Update
i.Attorney, Robin Wolpert gave an update to the council inclosed session regarding
the litigation.
Mayor Rossbach opened the meeting up at6:03 p.m.
E.NEW BUSINESS
1.Discussion on Format of Citizen Forum
a.Assistant City Manager, Public Works Director, Chuck Ahl introduced the report on the
format of the Citizen Forum.
b.City Attorney, Alan Kantrud answered questions of the council.
F. ADJOURNMENT
Mayor Rossbachadjourned the meeting at 6:31p.m.
September 27, 2010 1
City Council Manager Workshop Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
A.CALL TO ORDER
B.PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVALOF AGENDA
E. APPROVAL OF MINUTES
1.Approval of the September 7, 2010 City Council Workshop Minutes
2.Approval of the September 13, 2010, City Council Meeting Minutes
F. APPOINTMENTS AND PRESENTATIONS
1.Resolution of Appreciation for Steven Gunn, Police Civil Service Commission
RESOLUTION OF APPRECIATION
10-09-457
G. CONSENT AGENDA
1. Approval of Claims
GRAND TOTAL
2.Approval of 2010 Budget Adjustments
3.Approval of Resolution Certifying Election Judges for the November 2, 2010, State
General Election
RESOLUTION 10-09-458
ACCEPTING ELECTION JUDGES
RESOLVED
4.Approval of Temporary Gambling Permit – Church of the Presentation of the Blessed
Virgin Mary - Maplewood
RESOLUTION 10-09-459
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
RESOLUTION 10-09-460
AUTHORIZING GIFT TO CITY
Signed:Signed:Witnessed:
7.Approval of Resolution Accepting Donation to Volunteers in Police Service From Qwest
RESOLUTION 10-09-461
AUTHORIZING GIFT TO CITY
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
RESOLUTION 10-09-462
APPROVING FINAL FINANCING AND CLOSURE OF PROJECT FUND 589
Final Financing Plan
$ 735,100.19
$ 33,972.71 (approved & levied)
$ 33,458.95
$ 33,458.95
$ 6,175.52
$ -
$ 842,166.32
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
RESOLUTION 10-09-463
ACCEPTING WORK AND AUTHORIZING BUDGET TRANSFER
CITY PROJECT 10-08
14.Approval of Community Center Trail Improvement (County Road B to Community Center),
Resolution Ordering Transfer of Funds for Purchase of Materials
RESOLUTION 10-09-464
ORDERING TRANSFER OF FUNDS FOR PURCHASE OF MATERIALS
15.Approval of Conditional Use Permit Review – Midwest Grounds Maintenance Company,
1949 Atlantic Street
16.Approval of Resolution Accepting Donation for Memorial Tree at Joy Park
RESOLUTION10-09-465
ACCEPTANCE OF DONATION
WHEREAS
NOW, THEREFORE, BE IT RESOLVED
17.Approval of Resolution Accepting Donation for Maplewood Nature Center
RESOLUTION10-09-466
ACCEPTANCE OF DONATION
WHEREAS
NOW, THEREFORE, BE IT RESOLVED
H. PUBLIC HEARING
1.White Bear Avenue/County Road D Improvements, Project 08-13
RESOLUTION10-09-467
ADOPTING ASSESSMENT ROLL
I.UNFINISHED BUSINESS
J.NEW BUSINESS
1.Metro Transit Park and Ride Parking Ramp – Planned Unit Development, 1793 Beam
Avenue
8½
CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT
RESOLUTION10-09-468
Nays
2.Review of Recycling Proposals and Direct Staff to Begin Negotiations
1)2)
Nay
3.Resolution of Support for the Submittal of an Environmental Protection Agency
Brownfields Cleanup Grant for the Gladstone Savanna Restoration Project
RESOLUTION 10-09-456
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
WHEREAS
WHEREAS
WHEREAS
NOW THEREFORE BE IT RESOLVED
4.Walser Automotive Used Car Sales – Conditional Use Permit, 2590 Maplewood Drive
CONDITIONAL USE PERMIT
RESOLUTION10-09-469
5.Rezoning Within the Gladstone Neighborhood, Properties near the Intersection of Frost
Avenue and English Street
REZONING RESOLUTION10-09-470
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
NOW, THEREFORE, BE IT RESOLVED
6.Consider Approval to Purchase Approximately 2 Acres of Land From Gethsemane
Church for Proposed Park
7.Appointment to TartanJointIce Arena Board(added by Mayor Rossbach)
K.VISITOR PRESENTATIONS
L.AWARD OF BIDS
M.ADMINISTRATIVE PRESENTATIONS
N.COUNCIL PRESENTATIONS
O.ADJOURNMENT
G-1
AGENDA NO.
AGENDA REPORT
TO:City Council
Finance Manager
FROM:
RE:APPROVAL OF CLAIMS
October 5, 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:
$ 937,259.05Checks # 82341 thru # 82397
dated 09/28/10
$ 355,121.87Disbursements via debits to checking account
dated 09/20/10 thru 09/24/10
$ 489,390.91Checks # 82398 thru # 82430
dated 9/28 thru 10/5/10
$ 721,410.80Disbursements via debits to checking account
dated 9/27/10 thru 10/1/10
$ 2,503,182.63Total Accounts Payable
PAYROLL
$ 496,946.88Payroll Checks and Direct Deposits dated 10/1/10
$ 2,267.75Payroll Deduction check # 1009473 thru # 1009475
dated 10/1/10
$ 499,214.63Total Payroll
$ 3,002,397.26GRAND 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
Check Register
City of Maplewood
CheckDateVendorDescriptionAmount
Checks in this report.
57
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
TransmittedSettlement
DateDatePayeeDescriptionAmount
TOTAL355,121.87
Check Register
City of Maplewood
CheckDateVendorDescriptionAmount
33Checks in this report.
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
TransmittedSettlement
DateDatePayeeDescriptionAmount
TOTAL721,410.80
Transaction DatePosting DateMerchant NameTransaction AmountName
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
10/01/10JUENEMANN, KATHLEEN416.42
10/01/10KOPPEN, MARVIN416.42
10/01/10LLANAS, JAMES416.42
10/01/10NEPHEW, JOHN416.42
10/01/10ROSSBACH, WILLIAM473.15
10/01/10STRAUTMANIS, MARIS220.00
10/01/10ANTONEN, JAMES5,800.00
10/01/10BURLINGAME, SARAH1,861.61
10/01/10KANTRUD, HUGH184.62
10/01/10CHRISTENSON, SCOTT2,067.67
10/01/10FARR, LARRY2,885.65
10/01/10JAHN, DAVID1,840.37
10/01/10HENNING, KARISSA92.30
10/01/10RAMEAUX, THERESE3,030.67
10/01/10BAUMAN, GAYLE3,860.96
10/01/10FORMANEK, KAREN668.20
10/01/10MITTET, ROBERT3,554.40
10/01/10ANDERSON, CAROLE1,593.89
10/01/10DEBILZAN, JUDY1,234.17
10/01/10JACKSON, MARY2,103.01
10/01/10KELSEY, CONNIE2,569.24
10/01/10LAYMAN, COLLEEN2,880.00
10/01/10ARNOLD, AJLA1,464.49
10/01/10CAREY, HEIDI2,494.96
10/01/10GUILFOILE, KAREN4,376.43
10/01/10KROLL, LISA1,702.55
10/01/10NEPHEW, MICHELLE1,554.15
10/01/10SCHMIDT, DEBORAH2,589.83
10/01/10SPANGLER, EDNA1,054.89
10/01/10CORTESI, LUANNE1,233.84
10/01/10LARSON, MICHELLE1,709.36
10/01/10MECHELKE, SHERRIE1,170.00
10/01/10MOY, PAMELA297.69
10/01/10OSTER, ANDREA1,886.78
10/01/10RICHTER, CHARLENE624.75
10/01/10SCHOENECKER, LEIGH1,338.81
10/01/10WEAVER, KRISTINE2,245.36
10/01/10CORCORAN, THERESA1,882.15
10/01/10KVAM, DAVID4,168.15
10/01/10PALANK, MARY1,886.77
10/01/10POWELL, PHILIP2,903.66
10/01/10SVENDSEN, JOANNE2,081.81
10/01/10THOMALLA, DAVID4,936.26
10/01/10YOUNG, TAMELA1,890.15
10/01/10ABEL, CLINT2,988.56
10/01/10ALDRIDGE, MARK3,021.90
10/01/10BAKKE, LONN2,888.66
10/01/10BARTZ, PAUL3,442.50
10/01/10BELDE, STANLEY2,902.16
10/01/10BENJAMIN, MARKESE2,676.09
10/01/10BIERDEMAN, BRIAN4,097.15
10/01/10BOHL, JOHN3,843.66
10/01/10BUSACK, DANIEL3,604.24
10/01/10COFFEY, KEVIN3,233.28
10/01/10CROTTY, KERRY3,575.21
10/01/10DEMULLING, JOSEPH2,413.09
10/01/10DOBLAR, RICHARD3,737.66
10/01/10DUGAS, MICHAEL4,232.35
10/01/10ERICKSON, VIRGINIA3,156.60
10/01/10FLOR, TIMOTHY3,480.81
10/01/10FRASER, JOHN3,443.09
10/01/10FRITZE, DEREK2,885.80
10/01/10GABRIEL, ANTHONY3,437.82
10/01/10HAWKINSON JR, TIMOTHY2,676.09
10/01/10HER, PHENG2,413.09
10/01/10HIEBERT, STEVEN2,888.66
10/01/10JOHNSON, KEVIN4,562.71
10/01/10KALKA, THOMAS896.28
10/01/10KARIS, FLINT3,443.73
10/01/10KONG, TOMMY2,830.76
10/01/10KREKELER, NICHOLAS803.20
10/01/10KROLL, BRETT3,078.96
10/01/10LANGNER, SCOTT3,293.35
10/01/10LANGNER, TODD2,786.01
10/01/10LU, JOHNNIE2,882.98
10/01/10LYNCH, KATHERINE1,887.11
10/01/10MARINO, JASON3,196.27
10/01/10MARTIN, JERROLD2,988.56
10/01/10MCCARTY, GLEN2,904.55
10/01/10METRY, ALESIA3,196.27
10/01/10NASH, AMY1,887.11
10/01/10NYE, MICHAEL3,031.75
10/01/10OLSON, JULIE2,843.99
10/01/10PARKER, JAMES1,887.11
10/01/10REZNY, BRADLEY3,692.29
10/01/10RHUDE, MATTHEW3,284.41
10/01/10SHORTREED, MICHAEL4,060.51
10/01/10SLINGER, AARON1,044.45
10/01/10STEINER, JOSEPH3,565.65
10/01/10SYPNIEWSKI, WILLIAM2,786.01
10/01/10SZCZEPANSKI, THOMAS3,158.69
10/01/10TAUZELL, BRIAN2,169.83
10/01/10THEISEN, PAUL3,025.69
10/01/10THIENES, PAUL3,658.41
10/01/10TRAN, JOSEPH3,046.97
10/01/10WENZEL, JAY3,222.37
10/01/10XIONG, KAO2,830.76
10/01/10BAUMAN, ANDREW2,506.11
10/01/10DAWSON, RICHARD2,786.58
10/01/10DOLLERSCHELL, ROBERT293.39
10/01/10EVERSON, PAUL3,083.10
10/01/10FOSSUM, ANDREW2,659.48
10/01/10HALWEG, JODI2,837.26
10/01/10HENDRICKSON, NICHOLAS2,092.75
10/01/10JUNGMANN, BERNARD3,375.63
10/01/10KUBAT, ERIC2,183.65
10/01/10LINDER, TIMOTHY2,317.77
10/01/10NOVAK, JEROME2,717.48
10/01/10OLSON, JAMES1,669.26
10/01/10PETERSON, ROBERT2,796.53
10/01/10PLACE, ANDREA2,388.89
10/01/10SEDLACEK, JEFFREY2,642.69
10/01/10STREFF, MICHAEL2,568.87
10/01/10SVENDSEN, RONALD2,828.26
10/01/10GERVAIS-JR, CLARENCE3,679.63
10/01/10LUKIN, STEVEN4,475.33
10/01/10ZWIEG, SUSAN2,275.19
10/01/10KNUTSON, LOIS1,996.55
10/01/10NIVEN, AMY1,411.62
10/01/10PRIEFER, WILLIAM2,713.17
10/01/10BRINK, TROY2,348.51
10/01/10BUCKLEY, BRENT1,930.15
10/01/10DEBILZAN, THOMAS2,125.35
10/01/10EDGE, DOUGLAS2,121.20
10/01/10HAMRE, MILES1,440.00
10/01/10JONES, DONALD2,125.35
10/01/10MEISSNER, BRENT1,840.55
10/01/10NAGEL, BRYAN3,408.40
10/01/10OSWALD, ERICK2,493.91
10/01/10RUNNING, ROBERT2,842.49
10/01/10TEVLIN, TODD2,135.35
10/01/10BURLINGAME, NATHAN1,948.02
10/01/10DUCHARME, JOHN1,915.02
10/01/10EATON, MEGAN441.00
10/01/10ENGSTROM, ANDREW2,459.75
10/01/10JACOBSON, SCOTT2,323.99
10/01/10JAROSCH, JONATHAN2,709.37
10/01/10KREGER, JASON2,674.75
10/01/10KUMMER, STEVEN3,063.75
10/01/10LINDBLOM, RANDAL3,313.27
10/01/10LOVE, STEVEN3,140.33
10/01/10THOMPSON, MICHAEL4,095.87
10/01/10ZIEMAN, SCOTT252.05
10/01/10HELCL, JOHN322.40
10/01/10EDSON, DAVID2,170.59
10/01/10HINNENKAMP, GARY2,137.38
10/01/10MARUSKA, MARK3,183.11
10/01/10NAUGHTON, JOHN2,126.43
10/01/10NORDQUIST, RICHARD2,127.66
10/01/10SCHINDELDECKER, JAMES2,129.97
10/01/10BIESANZ, OAKLEY1,379.70
10/01/10DEAVER, CHARLES567.96
10/01/10GERNES, CAROLE578.84
10/01/10HAYMAN, JANET1,170.07
10/01/10HUTCHINSON, ANN2,622.79
10/01/10SOUTTER, CHRISTINE169.32
10/01/10WACHAL, KAREN854.68
10/01/10GAYNOR, VIRGINIA3,211.95
10/01/10FRY, PATRICIA1,904.80
10/01/10KONEWKO, DUWAYNE4,590.46
10/01/10SINDT, ANDREA2,013.80
10/01/10THOMPSON, DEBRA752.86
10/01/10EKSTRAND, THOMAS3,800.52
10/01/10MARTIN, MICHAEL2,553.51
10/01/10BRASH, JASON2,154.15
10/01/10CARVER, NICHOLAS3,211.95
10/01/10FISHER, DAVID3,778.99
10/01/10SWAN, DAVID2,738.95
10/01/10WELLENS, MOLLY1,755.34
10/01/10BERGER, STEPHANIE180.51
10/01/10BJORK, BRANDON90.75
10/01/10FRANK, PETER330.00
10/01/10JANASZAK, MEGHAN754.88
10/01/10KOHLMAN, JENNIFER95.00
10/01/10ROBBINS, AUDRA2,847.74
10/01/10ROBBINS, CAMDEN52.31
10/01/10SCHALLER, SCOTT215.00
10/01/10SHERRILL, CAITLIN373.50
10/01/10TAYLOR, JAMES2,583.24
10/01/10THOMFORDE, FAITH1,461.80
10/01/10ADAMS, DAVID1,737.30
10/01/10GERMAIN, DAVID2,136.75
10/01/10HAAG, MARK2,244.55
10/01/10KLOOZ, AUSTIN546.00
10/01/10SCHULTZ, SCOTT2,914.49
10/01/10ANZALDI, MANDY1,682.96
10/01/10BRENEMAN, NEIL2,036.93
10/01/10CRAWFORD - JR, RAYMOND623.69
10/01/10EVANS, CHRISTINE1,252.32
10/01/10GLASS, JEAN2,103.67
10/01/10HANSEN, LORI2,912.03
10/01/10HER, PETER462.00
10/01/10HOFMEISTER, MARY999.02
10/01/10HOFMEISTER, TIMOTHY471.75
10/01/10KLUCAS, PETER160.00
10/01/10KULHANEK-DIONNE, ANN384.63
10/01/10LAMB, JACQUELINE83.25
10/01/10OLSON, ERICA461.70
10/01/10OLSON, SANDRA54.00
10/01/10PELOQUIN, PENNYE484.90
10/01/10PENN, CHRISTINE2,094.61
10/01/10SMITH, TERRENCE296.00
10/01/10STARK, SUE270.00
10/01/10VANG, KAY131.19
10/01/10VUE, LOR PAO134.06
10/01/10ANDERSON, MAXWELL209.00
10/01/10BAUDE, SARAH54.75
10/01/10BEITLER, JULIE36.00
10/01/10BIGGS, ANNETTE70.35
10/01/10BRENEMAN, SEAN351.13
10/01/10BRUSOE, CRISTINA94.20
10/01/10BUCKLEY, BRITTANY138.65
10/01/10BUTLER, ANGELA85.00
10/01/10CAMPBELL, JESSICA1,296.94
10/01/10CLARK, PAMELA37.50
10/01/10DEMPSEY, BETH122.50
10/01/10DUNN, RYAN904.08
10/01/10ERICKSON-CLARK, CAROL24.50
10/01/10FONTAINE, KIM321.00
10/01/10GRAY, MEGAN46.75
10/01/10GRUENHAGEN, LINDA201.20
10/01/10HAGSTROM, EMILY31.50
10/01/10HANSEN, HANNAH167.17
10/01/10HEINRICH, SHEILA492.00
10/01/10HOLMBERG, LADONNA354.50
10/01/10HORWATH, RONALD2,589.01
10/01/10JOHNSON, BARBARA66.00
10/01/10KOGLER, RYAN96.20
10/01/10KOHLER, ROCHELLE34.00
10/01/10KRONHOLM, KATHRYN1,348.51
10/01/10MATHEWS, LEAH97.55
10/01/10MCCORMACK, MELISSA102.90
10/01/10METCALF, JOLENE9.38
10/01/10NADEAU, KELLY83.66
10/01/10PROESCH, ANDY694.89
10/01/10RENFORD, NICHOLAS83.38
10/01/10RICHTER, DANIEL54.00
10/01/10RICHTER, NANCY207.00
10/01/10RONNING, ISAIAH121.28
10/01/10RONNING, ZACCEUS78.48
10/01/10SCHREIER, ROSEMARIE203.50
10/01/10SCHREINER, MICHELLE268.68
10/01/10SCHUNEMAN, GREGORY104.81
10/01/10SJERVEN, BRENDA136.00
10/01/10SMITH, ANN59.10
10/01/10SMITLEY, SHARON301.80
10/01/10TAYLOR, JASON146.07
10/01/10TREPANIER, TODD490.00
10/01/10TUPY, ELIANA102.00
10/01/10TUPY, HEIDE88.80
10/01/10TUPY, MARCUS276.60
10/01/10WARNER, CAROLYN316.80
10/01/10WEDES, CARYL98.00
10/01/10WOLFGRAM, TERESA52.91
10/01/10WOODMAN, ALICE23.00
10/01/10BOSLEY, CAROL396.80
10/01/10DANIEL, BREANNA67.25
10/01/10GIERNET, ASHLEY81.00
10/01/10LANGER, CHELSEA122.75
10/01/10LANGER, KAYLYN67.50
10/01/10SATTLER, MELINDA119.00
10/01/10SAVAGE, KAREN50.00
10/01/10ZAGER, LINNEA374.75
10/01/10BEHAN, JAMES2,163.51
10/01/10COLEMAN, PATRICK275.50
10/01/10DOUGLASS, TOM1,320.90
10/01/10JOHNSON, JUSTIN319.00
10/01/10LONETTI, JAMES456.00
10/01/10MALONEY, SHAUNA210.00
10/01/10PRINS, KELLY1,255.63
10/01/10REILLY, MICHAEL1,915.75
10/01/10THOMPSON, BENJAMIN306.88
10/01/10VALERIO, TARA319.20
10/01/10FINWALL, SHANN3,138.95
10/01/10AICHELE, CRAIG2,178.95
10/01/10PRIEM, STEVEN2,390.15
10/01/10WOEHRLE, MATTHEW2,157.62
10/01/10BERGO, CHAD2,651.63
10/01/10FOWLDS, MYCHAL3,669.86
10/01/10FRANZEN, NICHOLAS2,413.50
10/01/10JAGOE, CAROL1,836.00
8228809/17/10MARTIN, JERROLD320.32
100944010/01/10CHAMBERLAIN, JAMIE113.75
100944110/01/10FEIST, ASHLEY78.00
100944210/01/10GRAVES, CONNIE99.75
100944310/01/10JUGOVICH, CARALYNN78.00
100944410/01/10KING, KYLE138.00
100944510/01/10MASLOWSKI, JENNA52.00
100944610/01/10MASON, LAURA32.50
100944710/01/10MEISSNER, MICHAEL146.25
100944810/01/10MUELLNER, CHADD90.00
100944910/01/10PETERSON, HAYLIE65.00
100945010/01/10RITCHIE, KALLY39.00
100945110/01/10ROKKE, MARINA78.00
100945210/01/10ST. MARTIN, MICHELLE52.00
100945310/01/10VUKICH, CANDACE48.94
100945410/01/10HER, CHONG168.00
100945510/01/10CRANDALL, KRISTA89.05
100945610/01/10FLUEGEL, LARISSA89.69
100945710/01/10GIPPLE, TRISHA222.00
100945810/01/10JOYER, ANTHONY66.60
100945910/01/10LAMSON, KEVIN51.45
100946010/01/10MCLAURIN, CHRISTOPHER347.55
100946110/01/10MCMAHON, MICHAEL51.45
100946210/01/10MORIS, RACHEL22.50
100946310/01/10NORTHOUSE, KATHERINE21.31
100946410/01/10ROSTRON, ROBERT488.20
100946510/01/10SCHMIDT, EMILY158.90
100946610/01/10HER, KIM31.88
100946710/01/10BARTHOL, CASSIE27.19
100946810/01/10FULFORD, ZAHKIYA27.19
100946910/01/10SCHULZE, KEVIN480.00
100947010/01/10STEFFEN, MICHAEL87.00
100947110/01/10VANG, PETER27.19
100947210/01/10XIONG, NAO27.19
496,946.88
(Date Passed)
(Signature)(Signature)
(Title)(Title)
(Date) (Date)
Safe & Sober
AGENDA REPORT
TO:
James Antonen, City Manager
FROM:
Michael Thompson, City Engineer/ Deputy Public Works Director
SUBJECT:
Approval of Resolution for Modification of the Existing Construction Contract,
Change Order #2 – Stillwater Road Improvements, Project 09-04
DATE:
October 4, 2010
INTRODUCTION
The council will consider approving the attached resolution directing the modification of the existing
construction contract. This change order reflects an increase in the construction contract due to the
work items listed in this report.
BACKGROUND/ DISCUSSION
On March 22, 2010, the council awarded a construction contract to T.A. Schifsky & Sons, Inc. in the
amount of $1,331,999.99. The construction contract included the reconstruction of Stillwater Road from
Lakewood Drive to Century Avenue and the mill and overlay of Stillwater Road from Minnehaha
Avenue to Lakewood Drive as shown on the attached location map. On July 26, 2010 the council
approved Change Order No. 1 which decreased the original construction contract by $7,114.50 from
$1,331,999.99, to $1,324,885.49.
Change Order No. 2 now being considered reflects additional work performed by T.A. Schifsky and
Sons, Inc. Below is a detailed description of items included in Change Order No. 2:
Work Orders 1-2 Erosion Control, Traffic Control, and Misc. Removals
Work Order #1 1 LS $ 2,624.00
This work order included the removal of lilac bushes along the north side of the Stillwater Road not
originally shown for removal in the plan. Although some of the bushes were not directly impacted by
the construction, it was determined that the ditch excavation would impact root structure severely
enough that the bushes would not survive. This work order also included mulch material used for
erosion control to minimize the amount of street sweeping necessary on the project.
Work Order #2 1 LS $ 2,885.35
This work order included time for flaggers used for traffic control during the storm sewer utility crossings
along the project. This work order also includes additional construction signage for local businesses,
including the grocery store, funeral home, Beaver Lake School, and other businesses.
Work Orders 3-5 Storm Sewer Improvements
Work Order #3 1 LS $ 2,750.00
This work order included the installation of trash guards on the incoming ends of 6 storm sewer pipe
culverts. MnDOT policy is to only install safety guards on the traffic side of pipe culverts regardless of
the direction of storm sewer flow. It was determined in the field that trash guards should be added to 6
pipe culverts in locations where no guard was provided on the incoming side of the culvert
Work Order #4 1 LS $ 3,388.00
During the project, extensive coordination was required with property owners on the grading of the
ditches along the south side of the roadway. As a result of coordination, the driveway culverts at 2516
and 2524 were relocated so the ditch could be regarded to allow for a more gradual side slope. This
work order also included the adjustment of an existing flared end section along the west side of Sterling
Street to tie into the new ditch grading.
Work Order #5 1 LS $ 4,111.25
This work order included additional storm sewer utility work required to connect to the existing storm
sewer system at the intersection of Ferndale Street and Stillwater Road. It was determined that private
utility conflicts and the condition of the existing storm sewer structure would not allow the connection to
be made per the plans. The storm sewer connection was made in the roadway intersection, however
upon excavation it was determined that the existing pipe was in a casing. Additional work was required
to make this connection due to the casing location.
Work Orders 6-10 St. Paul Regional Water Services Coordination
Extensive coordination with SPRWS staff occurred during the project construction. SPRWS staff
originally stated that all of the water services along the south side of Stillwater Road would need to be
lowered due to the re-grading of the ditch. Kimley-Horn staff worked closely with SPRWS staff to
evaluate each service and reduce the number of services that needed to be lowered.
Work Order #6 1 LS $ 4,644.75
This work order includes excavation required for SPRWS staff to lower the water services at 2492 and
2482 Stillwater Road. SPRWS staff performed the lowering work while the contactor performed the
excavation. This work order also included the excavation required to insulate services not required for
lowering.
Work Order #7 1 LS $ 4,669.50
This work order includes excavation required for SPRWS staff to lower the water services at 2656,
2648, 2642, and 2466 Stillwater Road due to the ditch re-grading. SPRWS staff performed the
lowering work while the contactor performed the excavation.
Work Order #8 1 LS $ 3,055.25
This work order includes excavation required for SPRWS staff to lower the water services at 2670,
2678, and 2694 Stillwater Road. SPRWS staff performed the lowering work while the contactor
performed the excavation. These service lowerings were required due to new storm sewer installation.
Work Order #9 1 LS $ 4,721.75
This work order includes excavation required for SPRWS staff to lower the water services at 2642 and
2648 Stillwater Road. SPRWS staff performed the lowering work while the contactor performed the
excavation. These service lowerings were required due to new storm sewer installation. This work
order also includes excavation time to relocate the curb stop at 2637 Stillwater Road due to a conflict
with the proposed storm sewer system. This work order also includes time to adjust a catch basin to
collect parking lot drainage near the Century Avenue intersection on the south side of Stillwater Road.
Work Order #10 1 LS $ 4,999.50
This work order includes excavation required for SPRWS staff to perform a water main offset due to an
unforeseen conflict with the proposed 18” storm sewer at the intersection of Stillwater Road and
Bartelmy Lane. The existing water main was not at the assumed depth as shown on the plans.
Work Order 11 Sanitary Sewer Improvements and Magellan Coordination
Work Order #11 1 LS $ 4,886.75
This work order included contractor excavation time due to a proposed storm sewer conflict with the
existing Magellan pipeline that crosses Stillwater Road at Bartelmy Lane. Magellan has an easement
for their pipeline and their crews required the contractor to excavate for them to perform their work.
This work order also includes time for exploratory excavation required for a sanitary sewer main repair
and sanitary sewer service repair at 2566 Stillwater Road. It was determined that the main repair could
be completed by lining the pipe to avoid conflicts with the water main. The service televising report was
reviewed by City staff and construction staff and determined the repair was required at the right of way
not at the service wye.
TOTAL NET CHANGE ORDER NO. 2 $42,736.10
BUDGET
Change Order No. 1 will increase the current construction contract by $42,736.10 from $1,324,885.49
to $1,367,621.59. No budget adjustments are recommended at this time.
RECOMMENDATION
It is recommended that the council approve the attached Resolution Directing Modification of Existing
Construction Contract, Change Order No.2, for City Project 09-04.
Attachments:
1. Resolution
2. Change Order No. 2
3. Location Map
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 09-04, CHANGE ORDER NO. 2
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 09-04, Stillwater Road/TH 5 Improvements, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 09-04, Change Order No. 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
1. The mayor and city engineer are hereby authorized and directed to modify the
existing contract by executing said Change Order No. 2 in the amount of
$42,736.10. The revised contract amount is $1,367,621.59
.
Page 1 of 2
CHANGE ORDER
CITY OF MAPLEWOOD
DEPARTMENT OF PUBLIC WORKS
PROJECT NAME:
Stillwater Road/TH 5 Improvements
PROJECT NO:
City Project 09-04, S.P. 6230-28/138-010-17
CONTRACTOR:
T.A. Schifsky and Sons, Inc.
CHANGE ORDER NO.:
Two (2)
DATE:
October 4, 2010
The following changes shall be made in the contract documents:
ADD BID SCHEDULE – CHANGE ORDER #2
Item Unit
No. Item Description Unit Quantity Price Amount
1 Work Order #1 LS 1 $2,624.00 $2,624.00
2 Work Order #2 LS 1 $2,885.35 $2,885.35
3 Work Order #3 LS 1 $2,750.00 $2,750.00
4 Work Order #4 LS 1 $3,388.00 $3,388.00
5 Work Order #5 LS 1 $4,111.25 $4,111.25
6 Work Order #6 LS 1 $4,644.75 $4,644.75
7 Work Order #7 LS 1 $4,669.50 $4,669.50
8 Work Order #8 LS 1 $3,055.25 $3,055.25
9 Work Order #9 LS 1 $4,721.75 $4,721.75
10 Work Order #10 LS 1 $4,999.50 $4,999.50
11 Work Order #11 LS 1 $4,886.75 $4,886.75
TOTAL CHANGE ORDER #2 $42,736.10
CONTRACT STATUS:
Original Contract: $1,331,999.99
Net Change of Prior Change: -$7,114.50
Change this Change Order: $42,736.10
Revised Contract: $1,367,621.59
Recommended By: Kimley-Horn and Associates, Inc.
By: Date:
Agreed to By: T.A. Schifsky and Sons, Inc.
By: Date:
Page 2 of 2
Approved By: City of Maplewood
By: Date:
Mayor
By: Date:
City Engineer
PROJECT
LOCATION
PROJECT LOCATION MAP
STILLWATER ROAD
STREET, SIDEWALK, AND
DRAINAGE IMPROVEMENTS
CITY PROJECT 09-04
SP NO. 138-010-17
EXHIBIT 1
MEMORANDUM
TO: James Antonen, City Manager
FROM: Tom Ekstrand, Senior Planner
DuWayne Konewko, Community Development and Parks Director
SUBJECT:Rolling Hills of Maplewood Mobile Home Park—Conditional
Use Permit Reconsideration
LOCATION: 1316 Pearson Drive
VOTE REQUIRED: Simple Majority Required for Approval of a Conditional Use Permit
DATE: October 5, 2010
INTRODUCTION
On July 26, 2010, the city council approved an amendment to the Rolling Hills of Maplewood
Mobile Home Park conditional use permit (CUP). This amendment allowed the park owner to
place used mobile homes in the park instead of the previous requirement that all homes placed
stnd
in the park be new. The council also consolidated the CUPs for both the 1 and 2 additions
into one set of conditions for the Park. In addition, the council required that “all shelters and
restroom facilities within shelters shall be kept sanitary and well maintained” as a result of
complaints from Park residents.
Following the July 26 meeting, two residents of the Park contacted the city stating that they felt
that the CUP was not being met because the Park owner removed the restrooms from the south
shelter instead of repairing the facilities.
On September 13, 2010, the city council revisited the Rolling Hills CUP conditions to clarify their
motion about the restroom requirement. The council 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.
As directed, staff has incorporated the previous conditions of approval in this report for the
stnd
Rolling Hills 1 and 2 Additions for the city council’s review. Staff also included the July 26
CUP revision which combined the original CUP conditions into one set of conditions.
DISCUSSION
st
Rolling Hills 1 Addition CUP Conditions from August 13, 1984
1. Prior to the spring thaw and until July 1, 1984, improved (gravel or similar material) off
street parking pads shall be provided for each vehicle associated with an occupied unit.
Unrestricted emergency vehicle access must be available at all times.
2. A mobile home shall not be moved onto a lot after April 23, 1984 until a street is paved in
front of the lot.
3. There shall be no exterior storage of equipment, such as bikes, hoses, lawnmowers,
rakes, etc.
4. Each lot shall be allowed an exterior storage shed of no more than 120 square feet.
Such shed must be kept in workmanlike repair and painted.
5. No access shall be allowed to Century Avenue.
6. No construction or grading shall be allowed to disturb the tamarack grove.
7. The private sanitary sewer, water mains and streets shall be constructed to be
consistent with the Maplewood and St. Paul Water Utility standards to ensure a
reasonable level of service.
8. All utility installations shall be underground.
9. The private streets must be at least 28 feet in width, with parking on one side only. No
parking shall be permitted in the vicinity of intersections. The Director of Public Safety
shall specify the no parking distances for each intersection. Signs shall be posted by
the park owner when available.
10. Water lines must be flushed at least once each year or as required by the environmental
health official.
11. All storm water discharge must be directed to the wetland to the west. No connection to
the city storm sewer shall be allowed.
12. All mobile homes must be new, skirted and tied down. Skirting shall extend from the
frame of the chassis to the ground. Skirting must be painted to complement the mobile
home.
13. All tie downs and foundations must meet the state building code.
14. (a) Construction on the below-grade storm shelter shall begin May 11, 1984 and shall
be completed by June 22, 1984, unless the Director of Public Safety extends the
deadline due to circumstances beyond the control of the developer. (b) The design of
the below grade structure must be approved by the Director of Emergency Services,
including emergency lighting, ventilation and sanitary facilities. (c) The above grade
portion of the building must receive approval from the design review board before
construction. (d) The storm shelter must remain free of storage and be kept available
for use. (e) No further permits for additional mobile homes shall be issued until the
shelter is completed.
15. The sign regulations for the R3 district shall apply.
16. The following minimum setbacks shall apply:
(1) Twenty feet to a private street.
(2) Thirty feet to a public right-of-way, except for storage sheds.
(3) Five foot side yard setback on the side opposite the entry.
2
(4) Twenty foot side yard setback on the entry side.
17. No structures shall be allowed in a required setback, except for an accessory building, in
the twenty foot side yard setback and the thirty foot setback from a public right-of-way.
An accessory building must have a side yard setback of at least five feet.
18. Sales of mobile homes shall be limited to those owned by park residents and those sold
by the park owner for placement in the park.
19. The developer shall provide traffic control signs as required by the Director of Public
Safety.
20. Compliance with all pertinent state statutes and regulations.
21. No variation shall be permitted from the site plan dated 3-21-83 without community
design review board approval.
22. The number of mobile homes shall not exceed 246.
23. This conditional use permit shall be reviewed in one year to determine compliance with
conditions and whether a change in conditions is necessary to resolve problems that
may have developed.
24. (a) After April 23, 1984, the following improvements must be installed within sixty days
after a mobile home is placed on a lot: (1) A paved driveway and off street parking pad
at least sixteen feet wide and twenty feet deep. (2) A thirty inch wide sidewalk from the
mobile home entrance to the parking pad subject to placement of entrance decks. (3)
All required landscaping on the lot. If the landscaping cannot be completed within sixty
days, a letter of credit of cash escrow shall be deposited with the Director of Community
Development to ensure installation. (4) Skirting. (b) Improvements required in item 24
shall not apply to model homes.
25. If any of the above conditions are not met, no additional mobile homes shall be moved
into the park.
nd
Rolling Hills 2
Addition CUP Conditions from May 11, 1987
1. Compliance with state requirements.
2. There shall be no exterior storage of equipment such as bikes, hoses, lawnmowers,
rakes, etc.
3. Each lot shall be allowed an exterior storage shed of no more than 120 square feet.
Such shed must be kept in workmanlike repair and painted.
4. Each lot shall be allowed to have children’s play equipment unless the developer
provides a tot lot adjacent to the community building.
3
5. Each lot shall be allowed a deck and carport, provided that either structure shall not be
closer than ten feet to any adjacent dwelling. Carports shall not be closer than six feet
to a private street and shall not have walls. On lots along Century Avenue, sheds shall
not be closer than forty seven feet to the right-of-way.
6. All mobile homes be new, skirted and tied down. Skirting shall extend from the frame of
the chassis to the ground. Skirting must be painted to complement the mobile home.
7. All tie downs and foundations must meet the state building code.
8. The sign regulations for the R3 district shall apply.
9. The following minimum setbacks shall apply for dwellings:
a. Twenty feet to a private street.
b. Forty seven feet to the Century Avenue right-of-way.
c. Five foot side yard setback on the side opposite the entry side.
d. Twenty foot side yard setback on the entry side.
e. Seventy feet to a railroad track.
10. Sales of mobile homes shall be limited to those owned by park residents and those sold
by the park owner for placement in the park.
11. The storm shelter shall be kept free of storage. The shelter shall be kept open at all
times or keys shall be made available to all residents in a manner to be approved by the
Director of Emergency Services.
12. The city shall not be responsible for maintaining any of the internal improvements.
13. Water lines shall be flushed at least once a year.
14. Parking shall only be permitted on one side of each street. No parking shall be
permitted closer than thirty feet to any intersection.
15. Adherence to the approved site plan and related conditions. Any significant change
must be approved by the community design review board. Minor changes may be
approved by staff.
stnd
Revised/Combined Motion for both the Rolling Hills 1
and 2 Additions from July 26,
2010
1. Compliance with all building code requirements.
2. There shall be no exterior storage of equipment such as bikes, hoses, lawnmowers,
rakes, etc.
4
3. Each lot shall be allowed an exterior storage shed of no more than 120 square feet.
Sheds must be kept in good repair.
4. Each lot shall be allowed to have children’s play equipment unless the developer
provides a tot lot adjacent to the community building.
5. All mobile homes shall be skirted and tied down. Skirting shall extend from the frame of
the chassis to the ground. Skirting must match the mobile home.
6. Manufactured homes to be placed in the park are no longer required to be new. All
homes to be moved in must meet all current building code and fire code requirements.
7. The sign regulations for the R3 district shall apply.
8. The following minimum setbacks shall apply for dwellings:
Twenty feet to a private street.
st
Thirty feet to any public right-of-way for homes in the 1
Addition.
nd
Forty-seven feet to the Century Avenue right-of-way for homes in the 2
Addition.
Five foot side yard setback on the side opposite the entry side.
Twenty foot side yard setback on the entry side.
Seventy feet to a railroad track.
Ten feet to any adjacent dwelling for a deck or car port.
Six feet to a private street for a carport (carports shall not have walls).
nd
Forty-seven feet to the Century Avenue right-of-way for a shed in the 2
Addition.
9. The storm shelter shall be kept free of storage. The shelter shall be kept open at all
times or keys shall be made available to all residents in a manner to be approved by the
Director of Public Safety.
10. All shelters and restroom facilities within shelters shall be kept sanitary and well
maintained.
11. The park owner shall be responsible for maintaining all internal infrastructure
improvements.
12. Water lines shall be flushed at least once a year.
13. Parking shall only be permitted on one side of each street. No parking shall be
permitted closer than thirty feet to any intersection. These requirements are subject to
the review and approval of the police chief.
14. There shall be no driveway access to Century Avenue or Ivy Avenue from the individual
manufactured home sites.
15. Internal traffic signs shall be installed subject to the approval of the police chief.
5
16. Adherence to the approved site plan and related conditions. Any significant change
must be approved by the community design review board. Minor changes may be
approved by staff. The number of home sites shall not be increased without the revision
of this conditional use permit.
Summary
st
On July 26, 2010, the city council combined the two original sets of CUP conditions for the 1
nd
and 2 Additions of Rolling Hills to delete unneeded conditions that were no longer relevant.
These were conditions that pertained generally to the start up of the development, to utility
installation or to site grading. Conditions relative the continued operation of the Park were kept.
One item that was not foreseen was the matter of the poor condition of the restrooms in the
southerly storm shelter which was raised by park residents immediately before the July 26, 2010
meeting. That matter was addressed by the council with Condition 10 which stated that “All
shelters and restroom facilities within shelters shall be kept sanitary and well maintained.”
The two original sets of CUP conditions and the July 26, 2010 combined conditions are included
above for the council’s comparison and consideration. Staff recommends adherence to the
CUP conditions as they now exist. The council should direct staff to make any alterations they
feel are appropriate.
RECOMMENDATION
Make no change to the current CUP conditions unless directed differently by the city council
with revisions.
6
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 55.56 acres
Existing Use: Rolling Hills of Maplewood Mobile Home Park
SURROUNDING LAND USES
North: Union Pacific Railroad tracks
South: Ivy Avenue and single dwellings
East: Century Avenue and single dwellings in the City of Oakdale
West: Pond View Apartments
PAST ACTIONS
st
On October 25, 1982, the city council approved the CUP for the Rolling Hills 1 Addition. The
st
CUP for the 1 Addition was reconsidered on August 13, 1984 due to compliance issues during
the early stages of site development.
nd
On May 11 1987, the city council approved the CUP for the Rolling Hills 2 Addition.
There were many annual or subsequent reviews that followed to monitor CUP compliance
during the development years. (Refer to the attached current conditions of approval in the
Recommendation. The current conditions for both phases are included.) Please note that
Condition 12 of the 1984 minutes and Condition 6 of the 1987 minutes require that all homes
must be “new.”
PLANNING
Land Use Plan: MDR (medium density residential)
Zoning: R3 (multiple dwelling residential)
Criteria for Conditional Use Permit Approval
Section 44-1097(a) states that the city council shall determine that the nine standards for
approval are met in order to approve a CUP. See findings 1-9 in the resolution.
APPLICATION/DECISION DEADLINE
The city council initiated this review. There is no deadline for council action to apply.
p:sec24-29\Rolling Hills CUP Revision Review CC 10 10 te
Attachments
1. Site/Location Map
2. Zoning Map
3. Land Use Plan Map
7
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, Resolution
Adopting Revised Assessment Roll
DATE:
October 6, 2010
INTRODUCTION
On September 27, 2010 the city council received twelve (12) assessment objections for the White Bear
Avenue/County Road D Improvements assessment hearing. Recommendations for action on each of
the objections are provided for council approval in considering adopting the final roll.
BACKGROUND
The proposed assessments for the White Bear Avenue / County Road D Street Improvements were
submitted to the city council for adoption at the September 27, 2010 meeting. Property owners were
provided with the required advanced notice of the assessment hearing. Property owners were required
to file a written notice if they objected to the assessment amount. It should be noted that an appraiser
previously conducted a special benefit analysis of each property to ensure the assessment amount was
at or below the increased market value of the property as a result of the project improvements; which is
a requirement of State Statute. Twelve property owners provided written objections and are as follows:
Objections:
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
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:
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.
12. Parcel 02-29-22-22-0001- CC Acquisition, LP, 1940 County Road D East
Faegre & Benson, LLP, and New York Life Real Estate Holdings, LLC, are objecting to the
assessment because they feel that it is invalid pursuant to Minn. Stat. 429.051 because it is
based upon an ordinary road maintenance project which does not confer any benefit upon the
assessed property.
Recommended Adjustments:
The following action is recommended by staff on each objection request:
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, the property
deny
owner. Our recommendation to the council is to the cancellation or revision of the
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
deny
owner. Our recommendation to the council is to the cancellation or revision of the
assessment.
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
Azure Properties is objecting to the assessment on behalf of Maplewood Square Associates,
deny
the property owner. Our recommendation to the council is to the cancellation or revision
of the 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
deny
property owner. Our recommendation to the council is to the cancellation or revision of
the assessment.
5. Parcel 02-29-22-24-0003– Maplewood East Shopping Center.; 2950 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Maplewood East Associates, the
deny
property owner. Our recommendation to the council is to the cancellation or revision of
the 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
deny
objecting to the assessment. Our recommendation to the council is to the cancellation or
revision of the assessment.
7. Parcel 02-29-22-21-0019- Chung Hing Wong, 3070 White Bear Avenue
Chung Hing Wong is objecting to the assessment. Our recommendation to the council is to
deny
the cancellation or revision of the assessment.
8. Parcel 02-29-22-21-0005- HLW LLC, 3094 White Bear Avenue
deny
HLW LLC is objecting to the assessment. Our recommendation to the council is to the
cancellation or revision of the assessment.
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
deny
assessment be reduced to $0. Our recommendation to the council is to the cancellation
or revision of the assessment.
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. Our
deny
recommendation to the council is to the cancellation or revision of the assessment.
11. Parcel 35-35-22-33-0008- Walter F. Whitney, 1905 County Road D East
Walter F. Whitney is objecting to the assessment. Our recommendation to the council is to
deny
the cancellation or revision of the assessment.
12. Parcel 02-29-22-22-0001- CC Acquisition, LP, 1940 County Road D East
Faegre & Benson, LLP, and New York Life Real Estate Holdings, LLC, are objecting to the
deny
assessment. Our recommendation to the council is to the cancellation or revision of the
assessment.
BUDGET
There is no impact on the overall budget with the recommendations provided.
RECOMMENDATION
Staff recommends that the city council approve the attached Resolution for Adopting Revised
Assessment Roll for the White Bear Avenue / County Road D Improvements, City Project 08-13.
Attachments:
1. Resolution: Adopting Revised Assessment Roll
2. Assessment Roll
3. Location Map
4. Assessment Objections (All)
RESOLUTION
ADOPTING REVISED ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on August 23, 2010, calling for an
Assessment Hearing, the assessment roll for the White Bear Avenue / County Road D Improvements, City Project
08-13, was presented in a Public Hearing format on September 27, 2010, pursuant to Minnesota Statutes, Chapter
429, and
WHEREAS, twelve (12) property owners filed objections to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
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, 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
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:
a)They do not feel that the property receives benefit from the improvement and the proposed special
assessment exceeds the special benefitsto the property derived from the local public improvement.
12.Parcel 02-29-22-22-0001- CC Acquisition, LP, 1940 County Road D East
Faegre & Benson, LLP, and New York Life Real Estate Holdings, LLC, are objecting to the assessment
because they feel that it is invalid pursuant to Minn. Stat. 429.051 because it is based upon an ordinary
road maintenance project which does not confer any benefit upon the assessed property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
A.That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the
assessment roll for the White Bear Avenue / County Road D Improvements, Project 08-13:
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, the property owner.
deny
Our recommendation to the council is to the cancellation or revision of the 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.
deny
Our recommendation to the council is to the cancellation or revision of the assessment.
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
Azure Properties is objecting to the assessment on behalf of Maplewood Square Associates, the property
deny
owner. Our recommendation to the council is to the cancellation or revision of the 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
deny
owner. Our recommendation to the council is to the cancellation or revision of the assessment.
5.Parcel 02-29-22-24-0003– Maplewood East Shopping Center.; 2950 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Maplewood East Associates, the property
deny
owner. Our recommendation to the council is to the cancellation or revision of the 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
deny
assessment. Our recommendation to the council is to the cancellation or revision of the assessment.
7.Parcel 02-29-22-21-0019- Chung Hing Wong, 3070 White Bear Avenue
deny
Chung Hing Wong is objecting to the assessment. Our recommendation to the council is to the
cancellation or revision of the assessment.
8.Parcel 02-29-22-21-0005- HLW LLC, 3094 White Bear Avenue
deny
HLW LLC is objecting to the assessment. Our recommendation to the council is to the cancellation
or revision of the assessment.
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
deny
to $0. Our recommendation to the council is to the cancellation or revision of the assessment.
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. Our recommendation to the
deny
council is to the cancellation or revision of the assessment.
11.Parcel 35-35-22-33-0008- Walter F. Whitney, 1905 County Road D East
deny
Walter F. Whitney is objecting to the assessment. Our recommendation to the council is to the
cancellation or revision of the assessment.
12.Parcel 02-29-22-22-0001- CC Acquisition, LP, 1940 County Road D East
Faegre & Benson, LLP, and New York Life Real Estate Holdings, LLC, are objecting to the assessment.
deny
Our recommendation to the council is to the cancellation or revision of the assessment.
B.The assessment roll for the White Bear Avenue / County Road D Improvements as amended, is hereby
accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the
special assessment against the lands named therein, and each tract of land therein included is hereby found to
be benefited by the proposed improvement in the amount of the assessment levied against it.
C.Such assessments shall be payable in equal annual installments extending over a period of 8 years for, 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.
D.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 November 10, 2010, pay the whole of the assessment on such property, with interest
accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after
November 11, 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.
E.The city engineer and city clerk shall forthwith after November 10, 2010, but no later than November 15,
2010, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax
lists of the county. Such assessments shall be collected and paid over the same manner as other municipal
taxes.
th
Adopted by the Maplewood City Council on this 11 day of October, 2010.
AGENDAREPORT
TO:
James Antonen, City Manager
FROM:
Michael Thompson, City Engineer/Deputy Director of Public Works
SUBJECT: Frost Avenue Bridge Replacement, City Project 10-07, Approval of Bridge
Design Aesthetics
DATE:
April 30, 2010
INTRODUCTION
The council will consider the bridge design aesthetics through selection of a design concept for the
bridge, selection of a façade option, and selection of a design concept for the interpretive/rest area.
BACKGROUND
The Frost Avenue Bridge is a two span earth filled spandrel concrete barrel arch structure. The bridge
is currently in its original condition except for the addition of guardrails and bituminous overlays. The
bridge currently accommodates two lanes of traffic. The limestone veneer/facade is deteriorated and
shown signs of separation from the underlying wall with chunks of veneer found under the structure.
Corrosion of the rebar is evident by discolored staining on the arches. The most recent inspection
provided that the sufficiency rating of the structure was 48.2 out of 100 which means the bridge is
structurally deficient; making State Bridge bond funds available for bridge replacement.
DISCUSSION
Both the Community Design Review Board (CDRB) and Historical Preservation Commission (HPC)
have twice discussed replacement options for the Frost Avenue Bridge. The item was also brought to
the council earlier this year for general feedback also. The following is a summary of the CDRB and
HPC meetings:
Community Design Review Board (CDRB) Discussions
The first presentation was made to the CDRB April 27, 2010 while the second presentation was made
on September 28, 2010. The CDRB has been in support of Bridge Concept 1 which reflects an iron
railing feature for the upper portion of the 54” tall required parapet; this would allow pedestrians to view
the creek, park, and lake area. They did not prefer Concept 2 which consists of the full 54” height
concrete parapet because they felt it would block views for the multi-use trail that would be located on
the south side of the bridge. Also, the CDRB prefers a Shepherds Path (Option B) form liner pattern for
the bridge façade. Regarding the interpretive monument/rest stop area, Concept B was preferred.
Heritage Preservation Commission (HPC) Discussions
Staff brought this item for discussion to the HPC on April 15, 2010. A presentation was made regarding
the current condition of the bridge and replacement options, including incorporating existing features
into a new bridge. The staff made a second presentation to the HPC on September 16, 2010. At that
meeting Concept 2 was preferred for the bridge which reflects a full height concrete parapet railing on
the south side of the bridge in order to better match what currently exists in the bridge today. The HPC
did not want to have iron railing because it is not historically representative.
It should be noted that the north side of the bridge in both Bridge Concept 1 and 2 is the same, having
a concrete parapet which in height would be similar to what exists today (both the HPC and CDRB
agree on that matter). A 54” height parapet is not required since there are no pedestrian facilities on
the north side of the bridge. Please refer to the attachment called Bridge Elevation – North.
The HPC also preferred that the bridge façade match the current condition by taking a custom casting
of the existing limestone veneer. This presents certain difficulties because the relief (differential in
depth) of the veneer is quite significant and because of the poor deteriorating condition of the existing
limestone. If this was not feasible the HPC recommended the Reduced Relief Small Ashlar (Option A)
for the new bridge façade because they feel it most closely matches the existing pattern. Regarding
the interpretive monument/rest stop area, Concept A was preferred.
Summary of Commission and Board Recommendations
CDRB HPC
Bridge
Concept 1 Concept 2
Façade
Option B Match existing/or Option A
Rest Stop Area
Concept B Concept A
BUDGET
This project is estimated to cost $1.7-$1.8 million. Just under $1.4 million has already been secured
utilizing State Bridge bond funds. The remainder would be paid from local and municipal state aid
funds. Construction is slated for spring of 2011 with design and bidding to take place this fall and
winter.
RECOMMENDATION
It is recommended that the City Council provide final direction on the bridge design aesthetics in order
to allow completion of the final bridge design: Bridge Concept 1 or 2; Façade Option A, B, C, or match
existing if possible; and Rest Stop Area Concept A or B.
Attachments:
1. Location Map
2. Typical Roadway/Bridge Sections
3. Bridge Concept 1
4. Bridge Concept 2
5. Bridge Elevation – North
6. Bridge Form Liner Options
6. Bridge Limestone Information Pylon/Rest Stop Area
Frost Avenue Bridge Replacement
DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and
data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only.
SOURCES: Ramsey County (March 31, 2010), The Lawrence Group;March 31, 2010 for County parcel and property records data; March 2010 for commercial and
AgendaItem J1
MEMORANDUM
TO:Chuck Ahl,Acting City Manager
FROM:Karen Guilfoile, Citizen Services Manager
DATE:October 6, 2010
SUBJECT: On-Sale Intoxicating Liquor Licensefor The Dog House Bar & Grill
Introduction
Chad Hauer, Brandon Clemings, and Michael Wegwerth co-owners of The Dog House
Bar & Grill (formerly The Rock)located at 2029 Woodlynn Avenue have submitted an
application for an on-sale intoxicating liquor license.
Background
Background checks have been conducted on all three co-ownersand nothing has been
identified in the background check that would prohibit themfrom holding this license.
City Clerk Guilfoile and Chief Thomalla have met with the co-owners to discuss
measures to eliminate the sale of alcoholic beverages to underage persons, general
security and retail crime issues, and the Maplewood Liquor Ordinances.
Consideration
It is recommended that the City Council approve anon-sale intoxicating liquor license for
the Dog House Bar & Grill.
Agenda Item J2a & J2b
AGENDA REPORT
TO
: City Council
FROM:
Charles Ahl, Assistant City Manager
SUBJECT:Revisions to I-94 Corridor Joint Powers Agreement
a.Resolution of Approval of Changes to Joint Powers Agreement
b.Appointments to Policy Advisory Commission and Technical Advisory
Commission
DATE:October 5, 2010
INTRODUCTION/SUMMARY
Changes to the Joint Powers Agreement
At its July 2010 meeting, the I-94 Corridor Commission approved changing its name from the I-94
Corridor Commission to the Gateway Corridor Commission. In order to officially make this change, the
Joint Powers Agreement(JPA)needs to be revised and amended. In order to do this, each Party that
is part of the Commission must go back to their respective governing body and pass a resolution
approving the proposed change to the JPA.The City of Maplewood is part of this Commission, which
is why this item is being brought to the City Council.
There are two proposed changes in the JPA:
All references to the I-94 Corridor Commission will be changed to the Gateway Corridor
Commission.
Under Article 7, Powers of Commission, revise the language to read:
“The Commission shall exercise such authority as is necessary and proper to carry out the
mandates set forth in this Agreement without individual Party approval unless otherwise
specified herein. This authority includes but is not limited to amending the Agreement in a
manner that is not substantive in nature.”
This item was discussed at the last Gateway Corridor Commission meeting and the Commission
Members generally felt that the revised language was acceptable. Attached is the draft of the revised
and amended JPA.
Policy Advisory Commission and Technical Advisory Commission
Recent efforts have begun to start planning for enhanced transit service in the I-94 corridor from St.
Paul-Minneapolis, Minnesota to Eau Claire, Wisconsin. The MN Gateway Corridor Commission is
about to start a $1.4M Alternatives Analysis study that will examine options and opportunities for
enhanced, commuter transit in the I-94 corridor. Project management of the study will be facilitated via
two primary groups: a Policy Advisory Committee (PAC) and a Technical Advisory Committee (TAC).
The PAC will be made up of key partnering agency representatives to provide policy input on study
work efforts. The TAC will be made up of study area participating agency technical staff to review
study findings and provide technical output. It has been requested that Maplewood appoint 1 person
as a representative toeach of these committees, as well as an alternateto represent Maplewood’s
interests in the study.
RECOMMENDATION
Staff is recommending that the City Council approve the attached resolution accepting the changes to
the Joint Powers Agreement.
Once the Resolution has been passed, Staff recommends that the City Council appoint Mayor Will
Rossbach to the PAC and Assistant City Manager Chuck Ahl to the TAC.
Attachments:1. Draft/Amended Joint Powers Agreement 2. Resolution
Draft Revised and Amended JPA: September 9, 2010
Formatted:Right
JOINT POWERS AGREEMENT
ESTABLISHING THE
INTERSTATE 94GATEWAYCORRIDOR COMMISSION
THIS AGREEMENT
, is entered into by and between the undersigned Regional Railroad
Authorities, Cities, and Townships all being governmental units of the State of Minnesota,
pursuant to the authority contained the Minn. Statutes §§471.59 and 398A.
WITNESSETH
WHEREAS
, the Interstate 94 Corridor is defined as the transitway corridor originating at the
Union Depot in downtown St. Paul and traveling east through Washington County with
connections to other multi—modal transportation options; and
WHEREAS
, the Interstate 94 Corridor has significant transportation safety, and land use issues;
and
WHEREAS
, there are opportunities for a variety of multi-modal transportation improvements to
the Interstate 94 Corridor, including light rail transit, bus rapid transit or commuter rail along
with multi-use trails, Intelligent Transportation Systems (ITS) and roadway improvements as
related to the implementation of light rail transit, bus rapid transit or commuter rail; and
WHEREAS
, the parties wish to collaboratively plan for multi-modal transportation
improvements to the Interstate 94 Corridor and for the related land use and development impacts;
and
WHEREAS
, the Interstate 94GatewayCorridor Commission intends to work collaboratively
with the Minnesota Department of Transportation and the Metropolitan Council for the planning
and development of light rail transit, bus rapid transit or commuter rail along with multi-use
trails, Intelligent Transportation Systems (ITS) and roadway improvements as related to the
implementation of light rail transit, bus rapid transit or commuter rail in the Interstate 94
Corridor.
NOW, THEREFORE
, in consideration of the mutual promises and covenants herein, the parties
hereto agree to as follows:
ARTICLE 1. DEFINITIONS
Unless context otherwise requires, the terms defined in this section shall have the meanings
stated herein:
Agreement
means this Joint Powers Agreement as it now exists and as it may hereafter be
amended.
Commission (I-94GatewayCorridor Commission)
shall mean the Joint Powers body
established hereby
1 P:\Agenda Reports\10.11.10\I-94_JPA_Revised and Amended_9-9-10_Draft.docx
Draft Revised and Amended JPA: September 9, 2010
Formatted:Right
Party or Parties
shallmean any Regional Railroad Authorities, Cities or Townships identified
in Article 6 of this Agreement as signatories to this Agreement.
Financial Parties
shall mean the financial party or parties so identified in Article 6 of this
Agreement.
Interstate 94 (I-94) Corridor
shall be defined as the Interstate 94 transportation corridor
originating at the Union Depot in downtown St. Paul and traveling east through Washington
County.
Member
shall mean an individual appointed to the Commission as provided in Article 4 of this
Agreement.
Quorum
shall mean a majority of members, provided such majority includes at least two (2)
Financial Members as defined in the Agreement. A quorum shall not be found if fewer than two
(2) Financial Members are present.
ARTICLE 2. PURPOSE
The purpose of this Agreement is to form a joint powers board under the provision of Minnesota
Statutes Section 471.59 and 398.A to enable the parties to cooperatively analyze the feasibility,
environmental impacts, engineering, and construction of multi-modal transportation
improvements in the I-94 Corridor including light rail transit, bus rapid transistor commuter rail
along with multi-use trails, Intelligent Transportation Systems (ITS), roadway improvements as
related to the implementation of light rail transit, bus rapid transit or commuter rail and the
associated land use and development impacts. These activities may include but not be limited to
the acquisition and management of federal, state, and local funding in conjunction with the
Minnesota Department of Transportation and the Metropolitan Council, and may perform any
responsibilities delegated by the Commissioner of Transportation or Metropolitan Council Chair
subject to the conditions that sufficient funds are received.
The Parties will communicate and coordinate the Commission’s activities as necessary with
private corporations, state agencies, counties, municipalities, the Federal Transit Administration,
other regulatory, planning, and funding agencies, and other stakeholders for advancement of the
Commission’s purposes.
The method of accomplishing the purpose of this Agreement is the establishment of a Joint
Powers Board to provide a mechanism whereby the Parties jointly address the stated purposes.
ARTICLE 3. TERM
This Agreement shall be effective (the Effective Date) and the joint powers board established
herein may commence exercising the powers and authorized in this Agreement on the day that
the Agreement has been approved by resolution and duly executed by the Ramsey County
Regional Railroad Authority and the Washington County Regional Railroad Authority by action
2 P:\Agenda Reports\10.11.10\I-94_JPA_Revised and Amended_9-9-10_Draft.docx
Draft Revised and Amended JPA: September 9, 2010
Formatted:Right
of their governing boards. This Agreement shall remain in full force and effect until terminated
by the Parties pursuant to Article 10 of the Agreement.
ARTICLE 4. JOINT POWERS BOARD
A.There is hereby created a Joint Powers Board as a public entity, to be known as the I-
94GatewayCorridor Commission. The Commission shall be an entity separate from its
member Parties and shall not be deemed an agent or partner of the member Parties and
the member Parties shall not be liable for the actions of the Commission. The
Commission shall have full authority to exercise all powers stated herein.
B.The Commission shall consist of one Member and one alternate appointed through
resolution by a Party for an initial term commencing with the execution of this
Agreement until January 15, 2010. Each Member or alternate must be a member of the
governing body, commission, or council which appoints him or her, and mustremain so
during his or her term.
C.After January 15, 2010, the governing body, commission, or council shall appoint by
resolution its member and alternate for one year terms. In the event that any Member or
alternate shall not have been appointed by January 15 in any year, the incumbent Member
shall serve until a successor has been appointed. Removal of any Member or alternate
during the term for which the Member has been appointed may be done at any time but
shall be done only by resolution of the appointing governing body, commission, or
council, or automatically if the Member ceases to be a member of the Party which
appointed him or her.
ARTICLE 5. VOTING
Board voting shall be as follows: Each Financial Party Member receives three (3) votes and each
non-Financial Party Member receives one (1) vote.
A.In the event that the appointed Member is not present at the meeting, their alternate may
cast all of their Party’s allocated votes.
B.All actions of the Board require both a simple majority vote of the Members present and
a simple majority vote of the Financial Members present. However, for all actions
involving the expenditure of funds and adoption of the budget, a simple majority of the
whole Board plus a unanimous vote of all Financial Members is required.
ARTICLE 6. MEMBERSHIP
The government units that are eligible for participation in this Commission upon adoption of this
agreement by resolution and duly executed by their respective governmental units on or before
December 31, 2009 include:
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A.Financial Parties
a.Ramsey County Regional Railroad Authority
b.Washington County Regional Railroad Authority
B.Non-financial Parties
a.City of St. Paul
b.City of Maplewood
c.City of Landfall
d.City of Oakdale
e.City of Woodbury
f.City of Lake Elmo
g.City of Afton
h.City of Lakeland
i.Town of West Lakeland
C.If an entity identified in this Article 6 does not elect to become a Party by December 31,
2009, it may do so thereafter by amendment to this Agreement pursuant to Article 11
hereof.
D.Following the initial term, Commission Members’ terms shall commence on January 15
of a calendar year and end on January 14 of the next succeeding year, or until a successor
is appointed.
ARTICLE 7. POWERS OF COMMISSION
The Commission has such authority as is necessary and proper to make all decisions to carry out
its purpose as described in Article 2. Such powers shall be subject to the provisions of Minn.
Stat. § 471.59 and 398A and will include, but not be limited to, any or all of the following:
A.Adopt an annual budget, together with a statement of the sources of funding and an
estimated amount required of each Financial Party.
B.Enter into transactions, including contracts or leases, required in furtherance of this
Agreement and statutory mandate and enforce such transactions to the extentavailable in
equity or at law. The contracting and purchasing requirements of one of the Financial
Parties designated by the Commission shall apply hereto. The Commission may approve
any contract relating to this Agreement up to the amount approved in the annual budget
and may authorize the Chair of the Commission to execute those contracts.
C.Have the power to adopt such by-laws that it may deem necessary or desirable for the
conduct of its business. Such by-laws shall be consistent with this Agreement and any
applicable laws or regulations. The by-laws may provide for the appointment of ex
officio, non-voting members to the Board by the Commission. Approval of the by-laws
shall be in accordance with Article 5 of this Agreement.
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D.Apply for and accept gifts, grants and loans of money, other property, or assistance from
the United States government, the State of Minnesota, or any person, corporation,
partnership, association, or agency public or private for any of its purposes; enter into any
agreement inconnection therewith to hold, use and dispose of such money, other
property; and assistance in accordance with the terms of the gifts, grants, or loans relating
thereto.
E.Acquire and hold such real and personal property as may be required to accomplish the
purposes of this Agreement and, upon termination of this Agreement, make distribution
of such property as is provided for in this Agreement.
F.Employ agents and employees, and to fix the compensation and all other terms and
conditions of employment thereof.
G.Incur debts, liabilities, or obligations which do not constitute a debt of any of the Parties.
The Joint Powers Board does not have authority to incur debts, liabilities, or obligations
which constitute a debt of any of the Parties.The obligations or other forms of
indebtedness must be issued in the same manner as would apply to one of the Financial
Parties.
H.Enter into agreements and non-binding memoranda of understanding between the
Commission and the United States government, the State of Minnesota, or any person,
corporation, partnership, association, or agency public or private in accordance with
applicable law.
I.Sue and be sued in its own name.
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J.Exercise such authority as is necessary and proper to carry out the mandates set forth in
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this Agreement without individual Party approval unless otherwise specified herein,
includingbut not limited to amending the Agreement in a manner that is not substantive
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in nature.
I.
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All powers granted herein shall be exercised by the Commission in accordance with the legal
requirements applicable to the regional railroad authorities.
ARTICLE 8. OFFICERS, EMPLOYEES, AND SERVICES
Chair and Vice-Chair
A.
The Commission shall elect a Chair and Vice-Chairat its first regular meeting each year.
The Chair and Vice-Chair shall consist of at least one Financial Party member. The
Chair and Vice-Chair shall be elected by the Commission for a term of one (1) year. The
Chair shall preside at all meetings of the Commission, may establish such committees as
may be needed from time to time and shall perform other duties and functions as may be
determined by the Commission. The Vice-Chair shall assume the duties of the Chair
during the absence of the Chair and perform such other duties as may be determined by
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the Commission. If both the Chair and Vice-Chair are absent, the Commission may elect
a temporary Chair to conduct its business, provided a quorum is present. Election of a
temporary chair shall be by a simple majority vote of the quorum.
Executive Committee
B.
The Commission may establish an Executive Committee of the Commission consisting of
the representative of each Financial Member. The Executive Committee shall develop
and make recommendations to the Commission regarding the ongoing responsibilities of
the Commission and shall have such other duties as set forth in the Commission’s by-
laws.
C.Staff
Any Party may provide staff support to the Commission subject to the approval of the
Commission.
D.Vacancies
If an appointment of any Member or alternate is vacated before the end of his or her term,
the vacancy shall be filled by appointment by the appropriate Party pursuant to Articles 4
and 6 of this Agreement. Vacancies shall be filled within thirty (30) days of their
occurrence. A vacancy shall be deemed to have occurred when any of the conditions
specified in Minn. Stat. § 351.02 exist.
E.Meetings
The Commission shall meet at regular intervals at such times and places as the
Commission shall establish in its by-laws. Special meetings may be held on reasonable
notice by the Chair or any two members upon terms and conditions as the Commission
may determine and that conform to the Minnesota Open Meeting Law, Minn. Stat. § 13D.
F.Committees
The Commission may establish standing committees of the Commission by providing for
such committees by resolution. The Chair may establish ad hoccommittees of the
Commission.
ARTICLE 9. FUNDING
It is understood by the Parties that the activities and duties of the Commission are to be funded
primarily by grant monies from the United States Government, the State of Minnesota or any
other association or agency. Nevertheless, the Financial Parties identified in this Agreement
agree to provide funding, if necessary, for the feasibility, environmental impacts, engineering,
and construction of a multi-modal transportation improvement in the I-94 Corridor including
light rail transit, bus rapid transit, commuter rail, multi-use trails, and Intelligent Transportation
Systems (ITS) along with the associated land use and development impacts, and administrative
expenses of the Commission (to the extent not covered by grant funds), and other items deemed
necessary to facilitate development of the corridor The Financial Parties will establish an initial
budget.The Financial Members contribution to the initial budget and all subsequent budgets
shall be allocated as follows:
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50% Ramsey County Regional Railroad Authority
50% Washington County Regional Railroad Authority
Each Financial Party shall pay its appropriate initial contribution to the regional railroad
authority acting as fiscal agent of the Commission within sixty (60) days of the Commission
approving a budget.
A.Annual Budget
For the calendar year next following the calendar year in which the Effective Date occurs
and all subsequent years, the Commission shall establish and approve a budget. Each
Financial Member shall be assessed for its proportionate share of the budget according to
the schedule established above. The Commission shall establish its first budget within
sixty (60) days of the commencement of the Commission.
B.Financial Members’ Budget Approval
Adoption of the budget and any other matter requiring expenditure of funds shall be in
accordance with Article 5 of this Agreement.
C.Contribution Date
Except for any initial contribution required by this Agreement, assessments made under
the provisions of this article shall be paid by each Financial Party by January 15 of each
year. The initial contribution shall be made within sixty (60) days of the adoption of the
budget pursuant to Article 7(A) hereof.
D.Budgeting, Accounting, Fiscal Agent, and Other Services
The Commission may contract with any Party to provide contract management, legal
review, and budgeting and accounting services necessary or convenient for the
Commission and otherwise act as the Commission’s fiscal agent. Such services shall
include, but not be limited to, management of all funds, including contributions and grant
monies, payment for contracted services, and relevant bookkeeping and record keeping.
The contracting and purchasing requirements of the Party so selected shall apply to
transactions of the Commissions. Such Party shall identify the staff person to work as
liaison with the Commission.
E.Accountability for Funds
All funds shall be accounted for according to generally acceptable accounting principles.
A report on all receipts and disbursements shall be forwarded to the Commission on an
annual basis. The Parties have the authority to request reports pertaining to any and all
budgeting and accounting services. All interest earned from established Commission
funds shall be credited back to that same fund.
ARTICLE 10. WITHDRAWAL AND TERMINATION
A.Withdrawal
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Any Party may withdraw from this Agreement upon 90-days prior written notice
evidenced by resolution of the Party’s governing body to the Commission. In the event
of withdrawal by any Party, this Agreement shall remain in full forceand effect as to all
remaining Parties.
B.Effect of Withdrawal, Disposition of Property, Funds, and Obligations
A Financial Party withdrawing from this Agreement shall, prior to such withdrawal, pay
the full amount of any unpaid assessments to the Commission as defined in Article 9. A
Party withdrawing from this Agreement shall not receive a distribution of property or
funds until such time as this Agreement is terminated by all Parties pursuant to this
Article 10. Such disposition of property shall be inaccordance with the provisions of
Section D of this Article 10.
Any Financial Party withdrawing shall be liable for any assessment in the year in which
the withdrawal becomes final only for the period in such year that the Financial Party
remains a party. The Financial Party’s assessment shall not exceed the sum of one-
th
twelfth (1/12) the full assessment multiplied by the number of months or fractions
thereof in the year during which the party remains a party.
C.Termination
This Agreement shall terminateupon the occurrence of any one of the following events:
a.When necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction; or
b.When all of the Financial Parties agree, by resolution adopted by the respective
governing bodies, to terminate this Agreement and all obligations of the
Commission shall have been paid or otherwise defeased in full.
D.Disposition of Property and Funds
At such time as this Agreement is terminated, any property interest remaining in the
Commission, following discharge of all obligations owed by the Commission shall be
disposed of and the proceeds of the property shall be returned to the Parties in proportion
to their contribution.
E.Effect of Withdrawal of Financial Party on Budget
In the event a Financial Party withdraws, the unpaid assessment allocable to such
member in the year of withdrawal and subsequent years shall be reallocated to the
remaining Financial Party.
ARTICLE 11. MISCELLANEOUS
A.Amendments
This Agreement may be amended by unanimous agreement of the Parties as evidenced by
resolutions adopted by the respective governing bodies.
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B.Records, Accounts, and Reports
The Commission shall establish and maintain such funds and accounts as may be
required by good accounting practices. The books and records of the Commission shall
be subject to the provisions of Minn. Stat. Ch. 13, the Minnesota Government Data
Practices Act, and Minn. Stat. § 16C.05, subd. 5. The Commission, within one hundred
twenty (120) days after the close of each fiscal year which shall be January 1 to
December 31, shall give a complete written report of all financial activities for such fiscal
yearto the Parties.
C.Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument.
D.Severability
The provisions of this Agreement are severable. If any paragraph, section, subdivision,
sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law,
or contrary to any rule or regulation having the force and effect of law, such decision
shall not affect the remaining portions of this Agreement.
E.Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all
prior written or oral agreements relating to the Commission.
F.Alternative Dispute Resolution
In the event of a dispute arising under thisAgreement, the Parties and the Commission
agree to attempt to resolve their dispute by following the process described below:
a.A Party shall provide written notice to the Commission describing perceived
conflict, positions, and underlying reasons.
b.The Commission shall provide written response to notice within seven (7) days of
receipt of notice.
c.The Parties shall meet within 14 days of receipt of response with a neutral
facilitator. The neutral facilitator will be a representative from the Minnesota
Office of Dispute Resolution. Costs of such facilitator shall be shared equally by
all parties to the dispute.
d.At the first meeting, the neutral facilitator will assist the Parties in identifying the
appropriate Parties and participants in the dispute resolution process, their
concerns, a meeting agenda and design for any subsequent meetings. The Parties
shall agree on a process for resolving the problem that would involve additional
negotiations, mediation, or arbitration.
e.In developing the process, the parties will be guided by the following principles:
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i.the Parties will attempt in good faith to reach a negotiated settlement;
ii.the Parties agree that there must be fair representation of the parties
directly involved in the dispute;
iii.the Parties will use legal proceedings as a last resort; and
iv.in the event the Parties are unable to resolve the dispute, each Party retains
all rights, remedies, or defenses it had prior to entering the process.
f.The parties will report to the Commission within 60-days of their first meeting on
the resolution of the dispute or a recommendation to commence legal
proceedings.
G.Minnesota Laws Govern
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the Parties and their performance. The appropriate venue and jurisdiction for
any litigation shall be in State district court located within the County of Ramsey, State of
Minnesota. Litigation, however, in the federal courts involving the Parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this
agreement is invalid, illegal, or unenforceable the remaining provisions will not be
affected.
IN WITNESS WHEREOF
, the parties to this Agreement have hereunto set their hands on the
date written below.
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WASHINGTON COUNTY REGIONAL RAIL AUTHORITY
Myra Peterson, Chair Date
Washington County Board of Commissioners
James R. Schug Date
County Administrator
Approved as to form:
Asst. County Attorney Date
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CITY OF
__________________________________________________
Mayor Date
___________________________________________________
City Administrator Date
Approved as to form:
___________________________________________________
City Attorney Date
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RESOLUTION FOR APPROVAL OF THE REVISED AND AMENDED INTERSTATE 94
CORRIDOR JOINT POWERS AGREEMENTDATED SEPTEMBER 9, 2010
WHEREAS,
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS,
NOW THEREFORE BE IT RESOLVED,
Will Rossbach
Mayor
Karen Guilfoile
City Clerk
Agenda Item J3
AGENDA REPORT
TO:
City Council
FROM:
Chuck Ahl, Assistant City Manager
Sarah Burlingame, Senior Administrative Assistant
DATE:
October 5, 2010
SUBJECT:
2011 Charitable Gambling Funds Requests
INTRODUCTION
Each year the Maplewood City Council solicits requests for charitable gambling funds.
Every year the requests for funds have exceeded the available funds. That is the case
this year. The city received 19 applications with $101,188in requests. The amount of
funds available is $25,000.
BACKGROUND
Several years ago the City Council developed a policy on the award criteria. In addition,
a policy was established that allows the city an opportunity to review requests on an
annual basis to determine their merit and overall community benefit while still allowing
time to include requests in the upcoming budget process. A copy of the policy is
attached.
The following is a list of the organizations and groups who have submitted donation
requests. Staff has also attached a copy of thecomplete applications so that you will
have a better understanding of the individual requests. In addition, at the back of the
staff report and applications is a spreadsheet whereby each Council member can note
their recommendations for funding ahead of the meeting.Also attached are the score
sheets from the previous 3 years for your reference.
$2,500
1American Red Cross -TC Area Chapter
$5,000
2Ashland Productions
$6,500
3Austin Otto -Boy Scout Troop 461
$3,000
4Dispute Resolution Center
$1,600
5District 622 ADD/ADHD Support Group
$12,650
6District 622 Fusion Drumline
$3,000
7Friends of Maplewood Nature
$3,335
8Maple Tree Monastery Childcare Center
$16,551
9Maplewood Area Historical Society
$5,000
10Maplewood Mall -Simon Youth Foundation
$8,000
11Maplewood Police Explorers
$5,000
12Maplewood Police Reserves
$2,000
13Maplewood Youth Scholarship Fund
$1,000
14North St. Paul Area Food Shelf
$1,000
15Presentation Cub Scout Pack 461
$4,500
16Ramsey County Fair
$3,552
17Saint Paul Composite Squadron Civilian Air Patrol
$5,000
18St. Paul Ski Club
$12,000
19Tubman Family Alliance
Total Requests
$101,188
RECOMMENDATION
The City Council should review the requests and fill out the provided score sheet. Staff
will collect the score sheets and totalthe final suggested award amounts. The
suggested award amounts will be brought before the Council at the next meeting for
approval.
Attachments:
1.City Charitable gambling policy
2.Previous 3 years final score sheets
3.Summary of 2011 Charitable Gambling Requests
4.Charitable gambling applications
5.2011 Charitable Gambling Requests - score sheet
CITY OF MAPLEWOOD
CITY COUNCIL POLICIES ON AWARDS OF
CHARITABLE GAMBLING TAX FUNDS
1.All licensed charitable gambling organizations within the City are required to
contribute 10 percent (10%) of net profits derived from lawful gambling
activity in the City to the Charitable Gambling Tax Fund. These funds are
dispersed by the City Council for lawful expenditures.
2.Charitable Gambling Tax Funds shall be distributed for projects, equipment,
or activities that are based in the community and which primarily benefit of
Maplewood residents.
3.The allocation of Charitable Gambling Tax Funds is an annual award and
receipt of funds does not in any way guarantee or commit the City of
Maplewood to funding in any subsequent year. Each years funding requires a
new, separate application.
4.Projects which involve the purchase of equipment, supplies, or specific items
will be looked upon more favorably than requests for salaries or general
operating costs.
5.All funds are required to be expended for the requested project within one
year of the date of receipt of the award letter. Grantees shall submit such
receipts or other proof of expenditure for the proposed purpose with their
request for payment of the grant award.
6.No employee or department of the City of Maplewood shall solicit a donation
from a licensed charitable organization without City Manager approval. If
there is a financial need for a specific program that was not funded in the City
budget, staff may submit a request to the City Manager for the use of
Charitable Gambling Tax Funds.
7.In general, requests from organized athletic groups will not be funded.
Funding for these programs should be from participating families or
community auxiliary groups. There are so many athletic organizations within
the community that the City of Maplewood is not capable of funding their
financial requests nor fairly determining appropriate recipients.
8.The City of Maplewood grants funds from Lawful Gambling Tax Fund to
support activities and services benefiting Maplewood residents.. The first
priority in the granting of funds will be given to the City of Maplewood
domiciled organizations. The second priority or consideration will be given to
funding requests from other organizations which are used primarily for the
benefit of Maplewood residents.
9.All applications must be complete and submitted by the application deadline
established by the City Manager.
Updated 06.26.07
Sarah R. Lilja
2392 Timber Avenue
Maplewood, MN 55119
612-816-0451(c)
slilja@comcast.net
September 26, 2010
Dear Maplewood City Council Members,
Attached is my organization’s (District 622 ADD/ADHD Support Group) application
for the City of Maplewood’s Charitable Gambling Funds. I would very much like to be
at the City Council Meeting on October 11 to answer any questions you might have
about our group. However, that happens to be the same night that the support group
holds its first meeting of the year, so I and all the other volunteer group leaders will be
busy with the meeting. Please don’t hesitate to contact me by phone or email if you
have any questions or need further information about our group.
Thanks for you very much.
Sincerely,
Sarah R. Lilja
District 622 ADD/ADHD Support Group
Facilitator
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