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HomeMy WebLinkAbout2010 10-25 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00P.M. Monday,October 25,2010 City Hall, Council Chambers Meeting No. 22-10 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 October 4, 2010, Special Council Meeting Minutes 2.Approval of October 11,2010,City Council Workshop Minutes 3.Approval of October 11, 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 of Appreciation for Marv Koppen 3.Approval of Resolution of Appreciation for David Sherrill 4.Approval of Resolution of Appreciation for Laurie Van Dalen 5.Approval of Cancellation of the December 27, 2010, CityCouncil Meeting 6.Approval of Rates for Police and Fire Services Provided to the City of Landfall for 2011 7.Approval of Closure of Public Safety Communication System Fund 8.Approval of Annual Maplewood Historical Society Payment 9.Approval of Authorization to Enter Into Rental Agreement with Toshiba Business Solutions 10.Approval of Authorization to Enter Into Agreement with Ramsey County for the Construction and Maintenance of a Storm Water Outlet Structure on Keller Golf Course, Hills and Dales Area Street Improvements, Project 09-15 11.Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, Hills and Dales Area Street Improvements, Project 09-15 12.Approval of Resolution for Purchase of Geotechnical Evaluation Services, Western Hills Area Street Improvements, Project 10-14 13.Approval of Repairs to Maplewood Community Center, York Air Conditioning Compressor 14.Approval of Authorization to Submit Environmental Assistance Grant Application H.PUBLIC HEARINGS I.UNFINISHED BUSINESS 1.2011 Charitable Gambling Fund –Approval of Awards 2.Domestic Partnership Ordinance –First Reading J.NEW BUSINESS 1.Rezoning of the Rear Portions of 931 and 1117 County Road C from F (farm residential) to R1 (single dwelling residential) 2.Consider Request for ParkFunds for Open Space Improvements at Beaver Creek 3.Call for a Special Work Session on November 15, 2010, for Discussion of Collection System Analysis K.VISITOR PRESENTATIONS L.AWARD OF BIDS M.ADMINISTRATIVE PRESENTATIONS 1.Update on 2011 Labor Negotiations -Recommended Closed Session N.COUNCIL PRESENTATIONS O.ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civilitythe City of Maplewood expects of everyone appearing at Council Meetings –elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL A.CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D.PLEDGE OF ALLEGIANCE E. PUBLIC HEARING 1.Collection System Analysis (Review of the City’s Trash Hauling System) F. UNFINISHEDBUSINESS G. NEW BUSINESS H. ADJOURNMENT Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP A.CALL TO ORDER B. ROLL CALL C.APPROVAL OF AGENDA D.UNFINISHED BUSINESS E.NEW BUSINESS 1.Labor Negotiations Discussion – CLOSED SESSION 2.Budget Presentations – Ambulance Fund 3.Discussion – Domestic Partnership Ordinance F. ADJOURNMENT Agenda Item E3 MINUTES MAPLEWOOD CITY COUNCIL A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1.Approval of September 27, 2010, City Council Workshop Minutes. 2.Approval of September 27, 2010, City Council Minutes. F. APPOINTMENTS AND PRESENTATIONS G. CONSENT AGENDA 1. Approval of Claims GRAND TOTAL 2.Approval of Resolution Authorizing Execution of Agreement – Safe & Sober Communities Grant RESOLUTION 10-10-471 AUTHORIZING EXECUTION OF AGREEMENT (Signature)(Signature) (Title)(Title) (Date)(Date) 3.Approval of Resolution for Modification of the Existing Construction Contract, Change Order #2, Stillwater Road Improvements, Project 09-04 RESOLUTION 10-10-472 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-04, CHANGE ORDER NO. 2 H. PUBLIC HEARING 1.7:00 p.m. or Later – Rolling Hills of Maplewood Mobile Home Park – Conditional Use Permit Reconsideration (Staff made the revisions and changes which are included in the resolution below) The motion for the Rolling Hills CUP revision shall, therefore, include the conditions of approval required in the followingresolution. CONDITIONAL USE PERMIT REVISION RESOLUTION 10-10-475 st RollingHills 1Addition CUP Conditions nd RollingHills 2Addition CUP Conditions The city council’s July 26, 2010 Motion Rolling Hills which pertain to the entire development I.UNFINISHED BUSINESS 1.White Bear Avenue/County Road D Improvements, Project 08-13, Resolution Adopting Revised Assessment Roll RESOLUTION10-10-473 ADOPTING REVISEDASSESSMENT ROLL deny deny deny deny deny deny deny deny deny deny deny 2.Frost Avenue Bridge Replacement, City Project 10-07, Approval of Bridge Design Aesthetics died died J.NEW BUSINESS 1.Approval of On-Sale Intoxicating Liquor License for the Dog House 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 RESOLUTION 10-10-474 FOR APPROVAL OF THE REVISED AND AMENDED INTERSTATE 94 CORRIDOR JOINT POWERS AGREEMENT DATED SEPTEMBER 9, 2010 WHEREAS, WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS, NOW THEREFORE BE IT RESOLVED, Will Rossbach Mayor Karen Guilfoile City Clerk 3.2011 Charitable Gambling Funds Requests K.VISITOR PRESENTATIONS L.AWARD OF BIDS M.ADMINISTRATIVE PRESENTATIONS N.COUNCIL PRESENTATIONS 1.Land Use Training 2.Extreme Green Makeover 3.Energy Conservation Workshop O.ADJOURNMENT THIS PAGE IS INTENTIONALLY LEFT BLANK G-1 AGENDA NO. AGENDA REPORT TO:City Council Finance Manager FROM: RE:APPROVAL OF CLAIMS October 18, 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: $ 186,736.27Checks # 82431 thru # 82504 dated 10/1/10 tru 10/12/10 $ 352,160.53Disbursements via debits to checking account dated 10/4/10 thru 10/8/10 $ 1,202,717.26Checks # 82505 thru # 82570 dated 10/15/10 thru 10/19/10 $ 150,961.16Disbursements via debits to checking account dated 10/12/10 thru 10/15/10 $ 1,892,575.22Total Accounts Payable PAYROLL $ 567,330.83Payroll Checks and Direct Deposits dated 10/15/10 $ 2,392.75Payroll Deduction check # 1009543 thru # 1009545 dated 10/15/10 $ 569,723.58Total Payroll $ 2,462,298.80GRAND 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 74Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount TOTAL352,160.53 Check Register City of Maplewood CheckDateVendorDescriptionAmount 66Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount TOTAL150,961.16 Transaction DatePosting DateMerchant NameTransaction AmountName CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK EMPLOYEE AMOUNT DATENAME 10/15/10JUENEMANN, KATHLEEN416.42 10/15/10KOPPEN, MARVIN416.42 10/15/10LLANAS, JAMES416.42 10/15/10NEPHEW, JOHN416.42 10/15/10ROSSBACH, WILLIAM473.15 10/15/10STRAUTMANIS, MARIS263.75 10/15/10AHL, R. CHARLES4,917.95 10/15/10ANTONEN, JAMES5,300.00 10/15/10BURLINGAME, SARAH1,861.60 10/15/10KANTRUD, HUGH184.62 10/15/10CHRISTENSON, SCOTT1,962.49 10/15/10FARR, LARRY2,885.65 10/15/10JAHN, DAVID1,840.37 10/15/10HENNING, KARISSA92.30 10/15/10RAMEAUX, THERESE3,030.67 10/15/10BAUMAN, GAYLE3,860.96 10/15/10FORMANEK, KAREN453.70 10/15/10MITTET, ROBERT3,554.40 10/15/10ANDERSON, CAROLE1,707.79 10/15/10DEBILZAN, JUDY1,234.18 10/15/10JACKSON, MARY2,102.97 10/15/10KELSEY, CONNIE2,569.24 10/15/10LAYMAN, COLLEEN2,880.00 10/15/10ARNOLD, AJLA1,464.49 10/15/10CAREY, HEIDI2,494.95 10/15/10GUILFOILE, KAREN4,176.43 10/15/10KROLL, LISA1,627.96 10/15/10NEPHEW, MICHELLE1,544.73 10/15/10SCHMIDT, DEBORAH2,589.83 10/15/10SPANGLER, EDNA979.99 10/15/10CORTESI, LUANNE1,114.28 10/15/10LARSON, MICHELLE1,709.37 10/15/10MECHELKE, SHERRIE1,175.64 10/15/10MOY, PAMELA1,107.69 10/15/10OSTER, ANDREA1,886.78 10/15/10RICHTER, CHARLENE993.04 10/15/10SCHOENECKER, LEIGH1,236.62 10/15/10WEAVER, KRISTINE2,245.36 10/15/10CORCORAN, THERESA1,882.15 10/15/10KVAM, DAVID4,168.15 10/15/10PALANK, MARY1,886.77 10/15/10POWELL, PHILIP2,903.66 10/15/10SVENDSEN, JOANNE2,081.79 10/15/10THOMALLA, DAVID4,936.26 10/15/10YOUNG, TAMELA1,882.16 10/15/10ABEL, CLINT3,236.83 10/15/10ALDRIDGE, MARK4,660.90 10/15/10BAKKE, LONN419.23 10/15/10BARTZ, PAUL3,170.80 10/15/10BELDE, STANLEY2,888.66 10/15/10BENJAMIN, MARKESE2,676.09 10/15/10BIERDEMAN, BRIAN3,313.92 10/15/10BOHL, JOHN3,171.10 10/15/10BUSACK, DANIEL4,109.43 10/15/10COFFEY, KEVIN2,900.90 10/15/10CROTTY, KERRY3,575.21 10/15/10DEMULLING, JOSEPH2,570.99 10/15/10DOBLAR, RICHARD3,737.66 10/15/10DUGAS, MICHAEL3,386.71 10/15/10ERICKSON, VIRGINIA3,185.22 10/15/10FLOR, TIMOTHY1,735.94 10/15/10FRASER, JOHN3,312.27 10/15/10FRITZE, DEREK2,935.11 10/15/10GABRIEL, ANTHONY3,131.01 10/15/10HAWKINSON JR, TIMOTHY2,676.09 10/15/10HER, PHENG2,413.09 10/15/10HIEBERT, STEVEN3,021.90 10/15/10JOHNSON, KEVIN4,117.20 10/15/10KALKA, THOMAS896.28 10/15/10KARIS, FLINT3,443.73 10/15/10KONG, TOMMY2,922.31 10/15/10KREKELER, NICHOLAS803.20 10/15/10KROLL, BRETT2,856.87 10/15/10LANGNER, SCOTT3,293.35 10/15/10LANGNER, TODD2,926.47 10/15/10LU, JOHNNIE2,830.76 10/15/10LYNCH, KATHERINE1,922.32 10/15/10MARINO, JASON2,909.08 10/15/10MARTIN, JERROLD2,988.56 10/15/10MCCARTY, GLEN2,904.55 10/15/10METRY, ALESIA3,209.49 10/15/10NASH, AMY1,887.11 10/15/10NYE, MICHAEL3,143.71 10/15/10OLSON, JULIE3,065.73 10/15/10PARKER, JAMES1,887.11 10/15/10REZNY, BRADLEY2,544.59 10/15/10RHUDE, MATTHEW3,143.96 10/15/10SHORTREED, MICHAEL4,060.51 10/15/10STEINER, JOSEPH2,824.20 10/15/10SYPNIEWSKI, WILLIAM2,773.06 10/15/10SZCZEPANSKI, THOMAS3,050.12 10/15/10TAUZELL, BRIAN2,229.00 10/15/10THEISEN, PAUL2,930.85 10/15/10THIENES, PAUL3,574.63 10/15/10TRAN, JOSEPH2,965.84 10/15/10WENZEL, JAY3,000.63 10/15/10XIONG, KAO2,830.76 10/15/10AMBORN, JASON967.58 10/15/10ARKSEY, CHARLES1,450.21 10/15/10BASSETT, BRENT999.77 10/15/10BAUMAN, ANDREW2,411.97 10/15/10BECK, PATRICK1,150.66 10/15/10BECK, YANCEY1,097.61 10/15/10BRADBURY, RYAN751.90 10/15/10BRESIN, ROBERT992.85 10/15/10BUCHE, JOETTE1,649.83 10/15/10CAPISTRANT, JACOB1,030.69 10/15/10CAPISTRANT, JOHN1,431.26 10/15/10CRAWFORD, RAYMOND1,765.54 10/15/10CRUMMY, CHARLES1,252.31 10/15/10DAWSON, RICHARD2,986.96 10/15/10DOLLERSCHELL, ROBERT293.39 10/15/10EVERSON, PAUL2,857.20 10/15/10FOSSUM, ANDREW2,676.26 10/15/10GARZA, BRANDON51.46 10/15/10HAGEN, MICHAEL256.03 10/15/10HALWEG, JODI3,037.07 10/15/10HEFFERNAN, PATRICK2,134.56 10/15/10HENDRICKSON, NICHOLAS2,229.79 10/15/10HJELLE, ERIK1,662.94 10/15/10IMM, TRACY1,400.34 10/15/10JOHNSON, JAMES2,004.84 10/15/10JONES, JONATHAN949.58 10/15/10JUNGMANN, BERNARD3,375.63 10/15/10KALKA, THOMAS340.38 10/15/10KANE, ROBERT1,943.88 10/15/10KARNOWSKI, SANDRA2,070.49 10/15/10KARRAS, JAMIE1,115.61 10/15/10KERSKA, JOSEPH1,716.62 10/15/10KUBAT, ERIC2,183.64 10/15/10LINDER, TIMOTHY2,581.73 10/15/10LOCHEN, MICHAEL1,528.17 10/15/10MAHONEY, KENNETH660.09 10/15/10MELLEN, CHRISTOPHER1,040.25 10/15/10MILLER, NICHOLAS1,551.86 10/15/10MONSON, PETER859.15 10/15/10MORGAN, JEFFERY1,465.99 10/15/10NALIPINSKI, STEPHEN318.76 10/15/10NIELSEN, KENNETH844.12 10/15/10NOVAK, JEROME2,717.48 10/15/10NOWICKI, PAUL1,550.72 10/15/10OLSON, JAMES2,038.48 10/15/10ONSOMU, ALEX406.60 10/15/10OPHEIM, JOHN1,518.72 10/15/10PACHECO, ALPHONSE573.75 10/15/10PETERSON, MARK1,177.58 10/15/10PETERSON, ROBERT3,055.17 10/15/10PLACE, ANDREA2,545.79 10/15/10PODOBINSKI, LAURENCE1,653.51 10/15/10POWERS, KENNETH1,855.54 10/15/10RAINEY, JAMES1,289.06 10/15/10RAVENWALD, CORINNE626.63 10/15/10REYNOSO, ANGEL896.85 10/15/10RICE, CHRISTOPHER1,291.28 10/15/10RODRIGUEZ, ROBERTO882.66 10/15/10ROMANIK, JAMES1,336.91 10/15/10SCHULTZ, JEROME1,225.63 10/15/10SEDLACEK, JEFFREY2,743.40 10/15/10STREFF, MICHAEL2,506.11 10/15/10SVENDSEN, RONALD2,976.06 10/15/10WHELEHAN, ROBERT1,185.07 10/15/10WHITE, JOEL814.47 10/15/10GERVAIS-JR, CLARENCE3,679.63 10/15/10LUKIN, STEVEN4,475.33 10/15/10ZWIEG, SUSAN2,275.19 10/15/10KNUTSON, LOIS1,996.55 10/15/10NIVEN, AMY1,411.62 10/15/10PRIEFER, WILLIAM2,713.17 10/15/10BRINK, TROY2,771.68 10/15/10BUCKLEY, BRENT1,930.15 10/15/10DEBILZAN, THOMAS2,135.35 10/15/10EDGE, DOUGLAS2,104.20 10/15/10HAMRE, MILES1,296.00 10/15/10JONES, DONALD2,125.35 10/15/10MEISSNER, BRENT1,840.55 10/15/10NAGEL, BRYAN3,408.40 10/15/10OSWALD, ERICK2,337.97 10/15/10RUNNING, ROBERT2,333.35 10/15/10TEVLIN, TODD2,135.35 10/15/10BURLINGAME, NATHAN1,948.00 10/15/10DUCHARME, JOHN2,713.99 10/15/10EATON, MEGAN581.00 10/15/10ENGSTROM, ANDREW2,459.75 10/15/10JACOBSON, SCOTT2,459.75 10/15/10JAROSCH, JONATHAN2,775.96 10/15/10KREGER, JASON2,655.95 10/15/10KUMMER, STEVEN3,063.75 10/15/10LINDBLOM, RANDAL3,488.04 10/15/10LOVE, STEVEN3,140.31 10/15/10THOMPSON, MICHAEL3,895.87 10/15/10ZIEMAN, SCOTT241.40 10/15/10HELCL, JOHN322.40 10/15/10EDSON, DAVID2,171.67 10/15/10HINNENKAMP, GARY2,137.38 10/15/10MARUSKA, MARK3,183.11 10/15/10NAUGHTON, JOHN2,125.36 10/15/10NORDQUIST, RICHARD2,127.66 10/15/10SCHINDELDECKER, JAMES2,129.97 10/15/10BIESANZ, OAKLEY1,506.02 10/15/10DEAVER, CHARLES586.95 10/15/10GERNES, CAROLE767.82 10/15/10HAYMAN, JANET1,156.03 10/15/10HUTCHINSON, ANN2,622.80 10/15/10SOUTTER, CHRISTINE775.69 10/15/10WACHAL, KAREN854.68 10/15/10GAYNOR, VIRGINIA3,211.95 10/15/10FRY, PATRICIA1,904.80 10/15/10KONEWKO, DUWAYNE4,390.46 10/15/10SINDT, ANDREA2,013.80 10/15/10THOMPSON, DEBRA752.86 10/15/10EKSTRAND, THOMAS3,800.52 10/15/10MARTIN, MICHAEL2,606.15 10/15/10BRASH, JASON2,154.15 10/15/10CARVER, NICHOLAS3,211.95 10/15/10FISHER, DAVID3,778.99 10/15/10SWAN, DAVID2,738.95 10/15/10WELLENS, MOLLY1,660.24 10/15/10BERGER, STEPHANIE296.88 10/15/10BJORK, BRANDON134.75 10/15/10FRANK, PETER330.00 10/15/10JACKSON, ANGELA48.75 10/15/10JANASZAK, MEGHAN842.56 10/15/10KOHLMAN, JENNIFER142.50 10/15/10ROBBINS, AUDRA2,847.74 10/15/10ROBBINS, CAMDEN48.44 10/15/10SCHALLER, SCOTT161.25 10/15/10SHERRILL, CAITLIN581.63 10/15/10TAYLOR, JAMES2,583.24 10/15/10THOMFORDE, FAITH1,461.80 10/15/10ADAMS, DAVID1,733.80 10/15/10GERMAIN, DAVID2,134.59 10/15/10HAAG, MARK2,504.45 10/15/10KLOOZ, AUSTIN840.00 10/15/10SCHULTZ, SCOTT2,914.49 10/15/10ANZALDI, MANDY1,682.96 10/15/10BRENEMAN, NEIL2,036.93 10/15/10CRAWFORD - JR, RAYMOND493.41 10/15/10EVANS, CHRISTINE1,267.17 10/15/10GLASS, JEAN2,103.69 10/15/10HANSEN, LORI2,912.03 10/15/10HER, PETER401.00 10/15/10HOFMEISTER, MARY1,069.53 10/15/10HOFMEISTER, TIMOTHY367.69 10/15/10KLUCAS, PETER246.00 10/15/10KULHANEK-DIONNE, ANN378.13 10/15/10OLSON, ERICA152.96 10/15/10OLSON, SANDRA114.00 10/15/10PELOQUIN, PENNYE567.93 10/15/10PENN, CHRISTINE2,094.61 10/15/10SMITH, TERRENCE260.00 10/15/10STARK, SUE366.75 10/15/10VANG, KAY48.56 10/15/10VUE, LOR PAO158.81 10/15/10ZIELINSKI, JUDY32.73 10/15/10ANDERSON, MAXWELL221.40 10/15/10BAUDE, SARAH54.75 10/15/10BEITLER, JULIE18.00 10/15/10BIGGS, ANNETTE134.00 10/15/10BRENEMAN, SEAN287.78 10/15/10BRUSOE, CRISTINA90.40 10/15/10BUCKLEY, BRITTANY175.10 10/15/10BUTLER, ANGELA34.00 10/15/10CAMPBELL, JESSICA1,306.46 10/15/10CLARK, PAMELA93.75 10/15/10COLEMAN, DAYSHIA42.63 10/15/10DEMPSEY, BETH171.50 10/15/10DUNN, RYAN974.75 10/15/10ERICKSON-CLARK, CAROL49.00 10/15/10FONTAINE, KIM419.50 10/15/10GRAY, MEGAN42.08 10/15/10GRUENHAGEN, LINDA188.88 10/15/10HAGSTROM, EMILY75.38 10/15/10HANSEN, HANNAH148.13 10/15/10HEINRICH, SHEILA592.50 10/15/10HOLMBERG, LADONNA480.00 10/15/10HORWATH, RONALD2,589.01 10/15/10JOHNSON, BARBARA21.00 10/15/10KOGLER, RYAN72.10 10/15/10KOHLER, ROCHELLE34.00 10/15/10KRONHOLM, KATHRYN187.13 10/15/10MATHEWS, LEAH98.10 10/15/10MCCORMACK, MELISSA84.53 10/15/10METCALF, JOLENE18.75 10/15/10NADEAU, KELLY157.60 10/15/10PEHOSKI, JOEL100.00 10/15/10PROESCH, ANDY631.49 10/15/10RENFORD, NICHOLAS76.13 10/15/10RICHTER, DANIEL72.00 10/15/10RICHTER, NANCY229.50 10/15/10RONNING, ISAIAH187.43 10/15/10RONNING, ZACCEUS94.90 10/15/10SCHREIER, ROSEMARIE223.50 10/15/10SCHREINER, MICHELLE319.00 10/15/10SCHUNEMAN, GREGORY87.68 10/15/10SJERVEN, BRENDA153.00 10/15/10SMITH, ANN118.20 10/15/10SMITLEY, SHARON251.50 10/15/10TAYLOR, JASON88.76 10/15/10TREPANIER, TODD540.00 10/15/10TUPY, ELIANA102.00 10/15/10TUPY, HEIDE88.80 10/15/10TUPY, MARCUS253.55 10/15/10WARNER, CAROLYN316.80 10/15/10WEDES, CARYL98.00 10/15/10WOLFGRAM, TERESA15.00 10/15/10WOODMAN, ALICE69.00 10/15/10BOSLEY, CAROL316.80 10/15/10DANIEL, BREANNA248.50 10/15/10GIERNET, ASHLEY258.75 10/15/10LANGER, CHELSEA144.00 10/15/10LANGER, KAYLYN135.00 10/15/10SATTLER, MELINDA63.75 10/15/10SAVAGE, KAREN130.00 10/15/10ZAGER, LINNEA438.75 10/15/10BEHAN, JAMES2,315.42 10/15/10COLEMAN, PATRICK188.50 10/15/10DOUGLASS, TOM1,320.90 10/15/10JOHNSON, JUSTIN230.19 10/15/10LONETTI, JAMES480.00 10/15/10MALONEY, SHAUNA172.50 10/15/10PRINS, KELLY1,255.64 10/15/10REILLY, MICHAEL1,915.75 10/15/10THOMPSON, BENJAMIN314.13 10/15/10VALERIO, TARA292.60 10/15/10VANG, PETER94.25 10/15/10FINWALL, SHANN3,138.95 10/15/10AICHELE, CRAIG747.76 10/15/10PRIEM, STEVEN2,390.15 10/15/10WOEHRLE, MATTHEW2,257.79 10/15/10BERGO, CHAD2,651.63 10/15/10FOWLDS, MYCHAL3,469.86 10/15/10FRANZEN, NICHOLAS2,413.50 10/15/10JAGOE, CAROL1,836.00 8243110/01/10OLSON, JAMES563.93 100948910/15/10CARLE, JEANETTE72.00 100949010/15/10MAHRE, GERALDINE72.00 100949110/15/10ACOSTA, MARK998.50 100949210/15/10ANDERSON, BRIAN1,118.15 100949310/15/10BAHL, DAVID1,063.01 100949410/15/10BOURQUIN, RON1,729.23 100949510/15/10DIERICH, REBECCA544.55 100949610/15/10DITTEL, MICHAEL1,401.42 100949710/15/10FASULO, WALTER1,416.88 100949810/15/10HALE, JOSEPH1,535.26 10/15/10HERLUND, RICK1,953.07 1009499 100950010/15/10HUTCHINSON, JAMES1,616.37 10/15/10KONDER, RONALD1,082.28 1009501 100950210/15/10MELANDER, JON620.60 10/15/10MELLEN, RICHARD1,385.83 1009503 100950410/15/10SKOK, STEPHEN1,180.12 10/15/10SOLHEID, DALE691.01 1009505 100950610/15/10WYSE, ROBERT877.58 10/15/10CHAMBERLAIN, JAMIE97.50 1009507 100950810/15/10FEIST, ASHLEY65.00 10/15/10GEBHARD, MADELINE570.00 1009509 100951010/15/10GRAVES, CONNIE103.01 10/15/10JUGOVICH, CARALYNN78.00 1009511 100951210/15/10KING, KYLE81.25 10/15/10MASLOWSKI, JENNA65.00 1009513 100951410/15/10MASON, KYLE305.00 10/15/10MASON, LAURA65.00 1009515 100951610/15/10MEISSNER, MICHAEL97.50 10/15/10MILTON, TIMOTHY16.00 1009517 100951810/15/10PETERSON, HAYLIE39.00 10/15/10RITCHIE, KALLY52.00 1009519 100952010/15/10ROKKE, MARINA104.00 10/15/10VUKICH, CANDACE45.31 1009521 100952210/15/10HER, CHONG177.00 10/15/10ANDERSON, ALYSSA31.00 1009523 100952410/15/10CRANDALL, KRISTA179.65 10/15/10FLUEGEL, LARISSA122.69 1009525 100952610/15/10GIPPLE, TRISHA188.44 10/15/10JOYER, ANTHONY59.20 1009527 100952810/15/10LAMSON, KEVIN33.08 10/15/10MCLAURIN, CHRISTOPHER426.20 1009529 100953010/15/10MCMAHON, MICHAEL80.85 10/15/10MORIS, RACHEL45.00 1009531 100953210/15/10NORTHOUSE, KATHERINE29.06 10/15/10ROSTRON, ROBERT482.70 1009533 100953410/15/10SCHMIDT, EMILY83.75 10/15/10HER, KIM30.00 1009535 100953610/15/10PENN, CAYLA40.50 10/15/10PERCHYSHYN, ALLYSON14.00 1009537 100953810/15/10BARTHOL, CASSIE166.75 10/15/10FULFORD, ZAHKIYA87.00 1009539 100954010/15/10SCHULZE, KEVIN447.30 10/15/10STEFFEN, MICHAEL87.00 1009541 100954210/15/10XIONG, NAO116.00 567,330.83 MEMORANDUM Resolution of Appreciation for Marv Koppen INTRODUCTION COMMITTEE ACTIONS RECOMMENDATION RESOLUTION OF APPRECIATION WHEREAS, Marv Koppenhas been a member of the Maplewood Business and Economic Development Commissionfor six months, since March 1, 2010, until August 10, 2010, and has served faithfully in that capacity; and WHEREAS, the Business and Economic Development Commissionhas appreciated his experience, insights and good judgment; and WHEREAS, Mr. Koppen has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Koppen has shown dedication to hisduties and has consistently contributed hisleadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Marv Koppenis hereby extended our gratitude and appreciation for hisdedicated service. Passed by the Maplewood City Council on _______, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Business and Economic Development Commission on October 5,2010 ____________________________________ Mark Jenkins, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Attachment 2 DRAFT MINUTES CITY OF MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION 5:15 p.m., Tuesday, October 5, 2010 Council Chambers, Maplewood City Hall 1830 County Road B East 9.STAFF PRESENTATIONS b.Resolution of Appreciation for Marv Koppen CommissionerHesley moved to approve the resolution of appreciation for Marv Koppen. Seconded by Commissioner Ulrich. Ayes – All The motion passed. MEMORANDUM Resolution of Appreciation for David Sherrill INTRODUCTION COMMITTEE ACTIONS RECOMMENDATION RESOLUTION OF APPRECIATION WHEREAS, David Sherrill has been a member of the Maplewood Business and Economic Development Commissionfor six months, since March 1, 2010, until August 2, 2010, and has served faithfully in that capacity; and WHEREAS, the Business and Economic Development Commission has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Sherrillhas freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Sherrill has shown dedication to hisduties and has consistently contributed hisleadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that David Sherrillis hereby extended our gratitude and appreciation for hisdedicated service. Passed by the Maplewood City Council on _______, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Business and Economic Development Commission on October 5, 2010 ____________________________________ Mark Jenkins, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Attachment 2 DRAFT MINUTES CITY OF MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION 5:15 p.m., Tuesday, October 5, 2010 Council Chambers, Maplewood City Hall 1830 County Road B East 9.STAFF PRESENTATIONS c.Resolution of Appreciation for David Sherrill Commissioner Hesley moved to approve the resolution of appreciation for David Sherill. Seconded by Commissioner Ulrich. Ayes – All The motion passed. MEMORANDUM Resolution of Appreciation for Laurie Van Dalen INTRODUCTION COMMITTEE ACTIONS RECOMMENDATION RESOLUTION OF APPRECIATION WHEREAS, Laurie Van Dalenhas been a member of the Maplewood Business and Economic Development Commissionfor six months, since March 1, 2010, until August 31, 2010, and has served faithfully in that capacity; and WHEREAS, the Business and Economic Development Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Van Dalen has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Van Dalen has shown dedication to herduties and has consistently contributed herleadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Laurie Van Dalen is hereby extended our gratitude and appreciation for herdedicated service. Passed by the Maplewood City Council on _______, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Business and Economic Development Commission on October 5,2010 ____________________________________ Mark Jenkins, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Attachment 2 DRAFT MINUTES CITY OF MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION 5:15 p.m., Tuesday, October 5, 2010 Council Chambers, Maplewood City Hall 1830 County Road B East 9.STAFF PRESENTATIONS d.Resolution of Appreciation of Laurie Van Dalen Commissioner Hesley moved to approve the resolution of appreciation for Laurie Van Dalen. Seconded by Commissioner Ulrich. Item G5 MEMORANDUM TO: City Manager James Antonen FROM: Karen Guilfoile City Clerk RE: Approval of Cancellation of the December 27, 2010, City Council Meeting DATE: October 20, 2010 The second regularly scheduled council meeting for the month of December falls th on December 27. Due to the holidays and improvements that will be made in the council chambers to the sound system, it is requested that the December 27, 2010 city council meeting be cancelled. Upon approval of cancellation of the meeting, staff will post the cancellation on the city website and in the Maplewood Monthly. AGENDA NO. G- 6 To: From: Date: Re: BACKGROUND PoliceFire RECOMMENDATION: AGENDA NO. G7 AGENDA REPORT TO: City Manager FROM: Finance Manager Closure of Public Safety Communication System Fund RE: DATE: October 19, 2010 INTRODUCTION The Public Safety Communication SystemFund needs to be closed. DISCUSSION The Public Safety Communication SystemFund was established in 2004 to account for the purchase and implementation costs of a city-wide 800 MHz communications system.In 2006 equipment certificates were issued to finance the additionalcosts needed to be incurred to finish and implement the system.Ultimately, a grant was made available through Ramsey County to assist with the purchase of this equipment. The full amount of the equipment certificateswere not needed and the fund needs to be closed. RECOMMENDATION It is recommended that the Council authorize the following: (1) a transfer of $40,516.83 from the fund tothe General Fundto reverse a transfer made in 2006, (2) a transfer of $83,277.05 from the fund to the 2006B Equipment Certificate Fund to close the fund,and (3) the appropriate budget changes. P:\COUNCIL FILES\AGENDAS\2010\close fund 434.doc AGENDA NO. G8 AGENDA REPORT TO: City Manager FROM: Finance Manager Annual Maplewood Historical Society Payment RE: DATE: October 19, 2010 INTRODUCTION On September 11, 2001 the City Council approved a motion to include a $2,000 payment to the Maplewood Historical Society in the city’s budget each year. This annual payment has been incorporated in the 2010 Budget. This year’s payment of $2,000 needs to be authorized. RECOMMENDATION Council authorization is needed annually to make the $2,000 payment because it is not a required payment. We are asking the council to approve the payment for 2010. P:\Agenda Reports\10.25.10\historical society payment.doc Agenda ItemG9 AGENDA REPORT TO: City Manager,Jim Antonen FROM: IT Director, Mychal Fowlds SUBJECT: Authorization to Enter into Rental Agreement with Toshiba Business Solutions DATE: October 19, 2010 Introduction The City uses many copiers in its day to day operations. At this time, based on the research that we have completed, staff has chosen Toshiba as our vendor for copiers. Background Between 2010 and 2011 almost all of our copier leases are expiring. Staff decided that rather than automatically sign a new lease agreement with our current vendor we would research the market and see what was available to the Citythrough vendors both on and off of the State contract.Staff found there are significant benefits, both service and cost related, to the City for utilizing the State contract, many of which are listed on Attachment 2. Based on research that staff has completed and Toshiba’s State contract pricing, Toshiba has been chosen as our vendor. In 2011 we project the City will save approximately $10,000inlease and usage costs compared to our current agreements. Once all machines have been migrated we project a total savings of almost $25,000per year. Compared to other vendors on the current State contract Toshiba represented the most economical rental and usage rates. However, cost is not everything andthrough references and a demo machine we havefound their machines to be very reliable and user friendly. Budget Impact These rentals have been planned for by the department for which they will resideinand will be paid for out of each department’saccounts. In each case the proposed rates with Toshiba are substantially less than the current agreements. Recommendation It is recommended that authorization be given to enter into 4 copier rental agreements, via the State contract, with Toshiba Business Solutions. Action Required Submit to City Council for review and approval. Attachments: 1.Rental agreement 2.State contract benefits list MRF CPV MEMBERSHIP: PURCHASING OFF THE STATE MFP CONTRACT STATE OF MINNESOTA COOPERATIVE PURCHASING VENTURE http://www.mmd.admin.state.mn.us/cpv2.htm Why become a member? Free training, installation, delivery, and pickup at end Free data deletion at removal of equipment (where required) Free move 1x/yr/machine Free print assessments Free service loaners 90 day evaluation period 90 day warranty Credit/Debit Cards accepted Online Ordering Guaranteed Pricing (Equipment and Maintenance) Maintenance includes supplies AND staples! SLA Guarantee of 95% uptime and 4 hr avg response (5% paid $ MA base and click charges if not met) Rental upgrade/downgrade 1x/yr Non-appropriations (early termination w/o penalty) Change Maintenance Agreement base plan 1x/yr Online Reporting Tools %OXH*HQWLDQ5RDG (DJDQ01 3KRQH )D[ (PDLOWEVPQELGGHVN#WEVWRVKLEDFRP AGENDA REPORT TO: James Antonen, City Manager FROM: Steve Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Approval of Authorization to Enter Into Agreement with Ramsey County for the Construction and Maintenance of a Storm Water Outlet Structure on Keller Golf Course, Hills and Dales Area Street Improvements, Project 09-15 DATE: October 15, 2010 INTRODUCTION The city council should consider entering into the agreement with Ramsey County for construction and maintenance of a storm water outfall onto Keller Golf Course located between the residential properties at 2049 Duluth Street and 2057 Duluth Street. Background The main discharge point for a storm drainage system from the southern portion of the Hills and Dales neighborhood is a new 30-inch concrete pipe located between two residences at 2049 and 2057 Duluth Street. As part of the Hills and Dales Improvements the replacement of the old deteriorated corrugated metal pipe was required. Due to erosion at the old outfall, the construction of a rip-rap stilling basin at the outfall point to prevent future erosion was also required. Staff coordinated with and received permission from Ramsey County Parks and Recreation to design and construct the new outfall pipe and discharge basin since the discharge from the pipe enters Keller Golf Course, which is on Ramsey County property. DISCUSSION In order to permit City maintenance forces to enter the Ramsey County park property legally to perform required maintenance on the stilling basin and pipe outfall, City and County staff agreed that a construction and long-term maintenance agreement was needed. The final agreement language, reviewed by the City Attorney, is attached to this report. Once staff receives authorization to move forward with sign-off on the agreement, County staff will forward the document to the Ramsey County Board for approval. BUDGET This item does not impact the budget. RECOMMENDATION Staff recommends approval of the attached agreement with Ramsey County for the construction and maintenance of the outfall pipe on Ramsey County property by authorizing the mayor and city manager to sign the agreement signifying approval. Minor modifications as approved by the city attorney are authorized as needed for the agreement. Attachments: 1. Agreement 2. Exhibit A 3. Exhibit B AGREEMENT BETWEEN CITY OF MAPLEWOOD AND COUNTY OF RAMSEY FOR CONSTRUCTION AND MAINTENANCE OF STORM WATER OUTLET STRUCTURE ON KELLER GOLF COURSE This Agreement is between Ramsey County, Minnesota, a political subdivision of the State of Minnesota, on behalf of the Parks and Recreation Department, 2015 North Van Dyke COUNTY Street, Maplewood, Minnesota 55109 () and the City of Maplewood Minnesota, a municipal corporation of the State of Minnesota, 1830 County Road B East, Maplewood, CITY Minnesota 55109 (). WHEREAS, The County owns and operates the Keller Golf Course, 2166 Maplewood Drive, Maplewood, MN. 55109; and WHEREAS , The City is commencing a project, called Hills and Dales Area Street Improvements, City Project 09-15, to make street and storm water system improvements, some of which are adjacent to Keller Golf Course; and WHEREAS , Storm water runoff presently flows to Keller Golf Course and an outlet structure, located on County property, within Keller Golf Course as shown on Exhibit A, attached to and made part of this Agreement, requires replacement as part of the City project; and WHEREAS , Replacement of the storm water outlet structure by the City will not alter the quantity or quality of storm water runoff to the Keller Golf Course or alter the present storm water management practices on the golf course; and WHEREAS , The City has requested permission from the County to access Keller Golf Course property for the purposes of constructing and maintaining a new storm water outlet structure; and WHEREAS , The City will be responsible for all costs associated with the design, construction, on-going maintenance, future repairs and replacement of the storm water outlet structure. NOW, THEREFORE , in consideration of the mutual covenants and promises made herein, the parties agree as follows: SECTION 1 TERMS 1) The City may access Keller Golf Course property for the purposes of removing the existing storm water outlet structure and constructing and maintaining a new storm water outlet structure. 2) City access, construction limits and storm water outlet structure construction shall be as indicated on Exhibit A, attached to and made part of this Agreement. 3) The City shall notify the County at least seven (7) days in advance of commencing construction on County property. 1 4) All work shall conform with permit requirements of the Ramsey Washington Metro Watershed District and the Minnesota Pollution Control Agency. 5) The existing storm water flow rates entering County property via the City storm sewer shall not be increased. Storm water quality shall be monitored by the City and shall, at a minimum, meet present quality standards and all local, state and federal requirements. 6) The City shall be responsible for all costs associated with the design, construction, on-going maintenance, repair and replacement of the storm water outlet structure and associated storm water pipe system. 7) The City shall not assess the County for any costs associated with this project, including construction and on-going maintenance. 8) The County grants the City limited access to the property solely for the purposes of outlet construction, routine cleaning and maintenance ensuring proper functioning of the storm water outlet structure. Said access and maintenance area shall be limited to the area shown on Exhibit A, attached to and made part of this Agreement. 9) The City shall contact the County a minimum of seventy-two (72) hours in advance of any activities to occur on County property. 10) The City shall be responsible for restoration of all areas disturbed by construction and maintenance activities to equal or greater condition and to the satisfaction of the County. 11) The City shall perform maintenance activities on the storm water outlet structure in a timely manner and to the satisfaction of the County. The County shall submit any requests for maintenance of the storm water outlet structure to the City in writing. The City shall respond to the written request within 30 days of receiving the notice. Upon responding to the request, the City and the County shall coordinate a reasonable time for performing requested maintenance activities. 12) The City shall be solely responsible for complying with all laws, ordinances, rules or requirements of any other Federal, State, Municipal, or local agencies regarding matters relating to the storm water outlet structure and associated storm water drainage system. The City shall secure all required permits prior to starting construction. 13) If future development of County property requires modifications to the storm water drainage structure or drainage patterns on County property, the County shall notify the City. Upon notification by the County, the City shall cooperate with the County on determining the preferred alternative for storm water drainage and prepare and implement a plan for such modifications. The City shall be responsible for its commensurate share of costs associated with modifications to the storm water drainage system. 2 14) If the storm water entering County property increases from present project design calculations, or if present project design water quality standards for storm water entering County property are not adhered to, the City shall take action to correct or maintain the drainage system discharging onto County property such that the system complies to present design calculations and water quality standards. The County shall serve notice upon the City upon discovery of such non-compliance. Upon such notice, the City shall prepare and submit a plan for County approval detailing corrective action and restoration of any disturbance caused by said corrective action. Such corrective action shall be implemented within 120 days of approval by the County. The City shall be responsible for all costs associated with implementing the plan approved by the County. SECTION 2 DURATION 1) This Agreement may only be terminated by the City upon written agreement of the County. 2) After termination, the City and County, with the exception of Section 5, Item 1, shall have no further obligation or responsibility under this Agreement. SECTION 3 MEETINGS 1) The City, through its Public Works Department or proper designee, agrees to meet at the request of the County should any issue arise under this Agreement. The purpose of said meetings shall be to discuss issues which affect the substantive rights of the City and County under this Agreement. The time and place of any such meeting, hereunder, shall be determined by the parties with reasonable notice to one another. The parties retain the right to conduct meetings through other electronic means as is acceptable to both parities. SECTION 4 AGREEMENT SUBJECT TO DATA PRACTICES ACT 1) The Agreement shall be subject to the Minnesota Data Practices Act, as Minnesota Chapter 13, comparable provisions and Federal Law. SECTION 5 INDEMNIFICATION AND INSURANCE 1) The City shall defend, indemnify and hold the County, its officials, agents and employees harmless from any claims, suits, causes of action liabilities, damages and costs (including reasonable attorney’s fees) of whatsoever nature arising out of or relating to activities, action or inactions of the City, its agents, contractors or employees in all activities relating to this project and on-going maintenance. This provision shall survive the expiration of this agreement. 3 2) The City shall provide the County with an Insurance Certificate naming the County as an “Additional Insured” which is acceptable to the County Risk Manager prior to entering County property. SECTION 6 COMPLETENESS OF AGREEMENT 1) This document contains all the terms and conditions of this Agreement, and any alterations or variation of the terms of this Agreement shall be invalid unless made in writing and signed by the City and the County. There are no other understandings, representations or agreements, written or oral, not incorporated herein. If any part of this Agreement is declared null and void by law, the remaining paragraphs of said Agreement shall be valid. SECTION 7 NOTICES 1) Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: City Manager Director City of Maplewood Ramsey County Parks and Recreation Dept 1830 County Road B East 2015 North Van Dyke Street Maplewood, MN 55109 Maplewood, MN 55109 4 Wherefore, the parties have executed this Agreement on the last date written below. RAMSEY COUNTY CITY OF MAPLEWOOD __________________________________ _____________________________ Victoria Reinhardt, Chair Mayor Ramsey County Board of Commissioners Date:_____________________________ Date:_________________________ _________________________________ _____________________________ Bonnie Jackelen, Chief Clerk City Manager Ramsey County Board of Commissioners Date:_____________________________ Date:_________________________ _____________________________ Approved as to form by Legal Counsel Approval Recommended: __________________________________ Gregory A. Mack, Director Parks and Recreation Department Approved As to Form and Insurance: __________________________________ Assistant County Attorney __________________________________ Budgeting and Accounting 5 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director Steven Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, Hills and Dales Area Street Improvements, Project 09-15 DATE: October 15, 2010 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract for the Hills and Dales Area Street Improvements, City Project 09-15. This change order reflects an increase in the construction contract due to additional work and increased quantities due to additional repairs to sanitary sewer services, additional street signage, storm sewer to correct a drainage issue, and record participation in the City’s private driveway program. BACKGROUND On May 10, 2010, the council awarded T.A. Schifsky and Sons, Inc. a construction contract for utility and roadway improvements in the amount of $5,371,115.06 along with Bid Alternate #1 for Duluth Street alternate design, Bid Alternate #2 sanitary sewer main lining (outside of project area), and Bid Alternate #4 County Road B infiltration area. On June 14, 2010, the council approved Change Order #1, a decrease in the overall contract of $29,923.02 due to savings from value-engineering on the installed storm sewer system. As a result, the overall contract amount was revised down to $5,341,192.04. DISCUSSION A summary of the necessary additional work orders for Change Order No. 2 are as follows: Item 1) Additional Repairs to Household Sanitary Sewer Services - $14,092.00. Staff analyzed a number of resident complaints and concerns regarding sewer services within this project area and conducted repairs/replacements of sewer services in the city street right-of-way accordingly. Also, during construction, it was found that a number of the sewer service risers from the main were shallower in the ground than expected. Where there was proposed utility work, the sewer service connections were lowered to accommodate new utilities. Item 2) Additional Street Name Signage -- $7,370.00. Standard construction practices require the removal and temporary storage of the regular street name signage to protect them from damage during construction. For this project temporary street name signs were placed at intersections at the direction of city safety personnel in order to better respond to emergency type situations. Item 3) Drainage Issue 1271/1277 Burke Avenue -- $8,338.00. The residents at 1271 and 1277 Burke Avenue brought a back yard drainage issue to the attention of staff. The back yards of 14 lots are graded to drain toward these two back yards. Normally, the sandy soils in the area typically draw down a majority of this runoff, and any excess can drain through a flat swale between the two houses. However, during freeze/thaw episodes, the water is unable to escape, causing ice flows and ponding problems. The homeowners have handled this problem on a temporary basis using a sump pump. Staff took this opportunity to extend a storm sewer between the two houses and install a drain to relieve these residents of the problem. Item 4) Additional Private Driveway Quantities -- $18,837.45. Staff is seeing record participation in the City’s private driveway reconstruction program. To date, a record 68 driveways have been sold as part of this project. The Kenwood Area Street Improvements in 2006, a project comparable in size and quantity, had 34 total driveway replacements done as part of the City’s program. Staff estimates the expected amount of participation in the program and takes 10% of those quantities to bid in order to minimize the impact of the private driveway quantities on the overall improvement project. Because of this, private driveways typically overrun expected quantities. Change Order No. 2 summarized as follows: Item 1) Additional Sewer Repairs $14,092.00 Item 2) Additional Street Name Signage $ 7,370.00 Item 3) 1271/1277 Burke Drainage Issue $ 8,338.00 Item 4) Additional Private Driveway Quantities $18,837.45 $48,637.45 Total Change Order #2 BUDGET Approval of Change Order No. 2 will increase the current project construction contract amount by . $48,637.45 from $5,341,192.04 to $5,389,829.49 No adjustments to the approved budget are needed at this time as the contract cost for Change Order No. 2 items 1, 2, and 3 falls within the contingencies based on estimated construction costs. Also, all private driveways constructed by the City’s contractor are pre-paid by the homeowner. Hence, all private driveway quantities in the contract and Change Order No. 2 item 4 are paid through these receipts. RECOMMENDATION Staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, for the Hills and Dales Area Street Improvements, City Project 09-15. Attachments: 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 2. Change Order Form 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-15, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-15, Hills and Dales Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 09-15, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is $48,637.45 The revised contract amount is $5,389,829.49. th Adopted by the Maplewood City Council on this 25 day of October 2010. CHANGE ORDER CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORKS Project Name:Hills and Dales Area Street Improvements Project No:09-15 Contractor:T.A. Schfsky and Sons, Inc. Change Order No.:2 Date:10/18/2010 The following revisions shall be made to the contract documents: - Additional sewer service repairs - Traffic control signage -- temporary street name signs (WOR#3). - Coring of holes for draintile into catch basins (WOR #5). - Private driveway program -- increased quantities due to high participation. DescriptionUnitQuantityPriceTotal ADDITIONS 4" OR 6" PVC SCH 40 SAN SEWER SERVICE 1 2503.603LF40035.23$ 14,092.00$ TYPE LV4 WEARING COURSE @ 3" THICK (PRIVATE 2360.501TON6071.07$ $ 4,264.20 2 6" CONCRETE DRIVEWAY PAVEMENT, (PRIVATE) 2104.505SY45931.75$ $ 14,573.25 3 WORK ORDER REQUEST #3 LS17,370.00$ 7,370.00$ 4 WORK ORDER REQUEST #5 LS18,338.00$ 8,338.00$ 5 TOTAL NET CHANGE ORDER NUMBER2$ 48,637.45 CONTRACT STATUS Original Contract$ 5,371,115.06 Net Change of Prior Change$ (29,923.02) Change this Change Order$ 48,637.45 Revised Contract:$ 5,389,829.49 City of MaplewoodChange Order No. 2 Page 1 of 2 Department of Public WorksT.A. Schifsky and Sons CHANGE ORDER CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORKS Recommended by: City of Maplewood Public Works Dept. Steven L. Kummer, P.E. -- Reg No. 44296 Agreed to by: T.A. Schifsky and Sons, Inc. Print Name: Approved by: City of Maplewood Mayor Will Rossbach Michael W. Thompson, P.E. -- City Engineer City of MaplewoodChange Order No. 2 Page 2 of 2 Department of Public WorksT.A. Schifsky and Sons AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director Steve Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Approval of Resolution for Purchase of Geotechnical Evaluation Services, Western Hills Area Street Improvements, Project 10-14 DATE: October 15, 2010 INTRODUCTION It is necessary to utilize the services of an independent testing laboratory to assist the city with geotechnical evaluation of the existing road cross section and the underlying soil conditions of the streets associated with the Western Hills Area Street Improvements, City Project 10-14. The independent testing laboratory will also provide recommendations for the design of the proposed street cross section, utility construction, and stormwater best management practices. Since this purchase had the potential to exceed $10,000, written quotations were obtained from prospective testing firms for the required services. Description Each request for proposal included the scope of services required, maps showing the extent of the project, and approximate locations for borings to be taken. Four quotes were received for geotechnical evaluation services to be completed for the Western Hills Area Street Improvements. Staff evaluated the proposals on the basis of responsiveness, past performance, technical expertise and cost. The following is a list of the companies that submitted proposals and their proposed total cost of services: Company Proposal Total Chosen Valley Testing $7,820.00 Northern Technologies $8,290.00 Stork Twin Cities Testing $8,635.00 Braun-Intertec, Inc $12,298.00 Budget Impact The geotechnical evaluation services costs are built into the approved budget for the preparation of the feasibility study for the Western Hills Area Street Improvements capital improvement project. No additional funding allocation is required at this time. RECOMMENDATION Chosen Valley received the highest total score of all four proposals. Chosen Valley is a new firm to Maplewood. Engineering staff contacted several of the firm’s references in other Minnesota cities for their credentials and opinions on quality of service. All of their references recommended that we consider Chosen Valley to do work on our projects. Based on the low, responsible quote for services, and the company reputation, staff recommends the council authorize the City Engineer to enter into a contract for geotechnical exploration services with Chosen Valley for the Western Hills Area Street Improvements, City Project 10-14. Attachments 1. Resolution: Approve Purchase of Geotechnical Evaluation Services APPROVAL OF RESOLUTION FOR PURCHASE OF GEOTECHNICAL EVALUATION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the quote from Chosen Valley Testing in the amount of $7,820.00 for the Western Hills Area Street Improvements (City Project 10- 14) is the lowest responsible quote for geotechnical evaluation testing services for the aforementioned public improvement project. The City Engineer is hereby authorized and directed to enter into a contract with said firm for and on behalf of the city. th Adopted by the council on this 25 day of October, 2010. AGENDA REPORT TO: James Antonen, City Manager FROM: Larry Farr, Chief Building Engineer SUBJECT:Approval of Repairs to Maplewood Community Center York Air Conditioning Compressor DATE: October 13, 2010 INTRODUCTION The Maplewood Community Center (MCC) York Air Conditioning Compressor #2 on Condenser Unit #1 failed on or around July 14, 2010. This is the Second Stage Cooling Compressor, as there are two (2) compressors per condenser. This unit assists in cooling the MCC facility. Trane was contacted to investigate the failure and further analysis found a major leak located in a pipe joint. It was determined to make this repair and restart the compressor. When the repair was completed and the compressor restarted it failed shortly thereafter. Trane then worked to investigate and troubleshoot the compressor as to the failure issue. There were small metal pieces found in the filter indicating a part failure. When the compressor was opened up for inspection there was no visible damage to the body and the metal pieces were determined to have come from the valve plates, which are replaceable. These were replaced along with the weak oil pump and other parts as determined by Trane. The compressor was repaired and started but ran for a very short time then failed again. The work was performed on “Time and Material” as the possibility of not having any redundancy for cooling the MCC during the summer. Now, due to the time of year the unit is not needed however additional work and inspections will be conducted next year in order to properly repair the unit. This is being brought to council as this part of the repair came in over the $10,000 amount after the fact. BACKGROUND / DISCUSSION There are two (2) air conditioning units that serve the MCC. Each has two compressors, a lead and lag that operate as required to cool the facility. These are redundant units, as each unit has the capacity to cool the MCC as long as the temperature is below 85 – 90 degrees. The second unit comes on above these temperatures to assist with cooling. To date we have replaced all of the compressors at least once. This compressor will be inspected in the spring of 2011 to resolve the failure issue. RECOMMENDATION Staff is recommending approval to pay Trane $14,441.91 from General Fund # 602-614-000-4430, Repair and Maintenance of Equipment, for this repair. Attachment 1. Trane invoice AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Dep. Public Works Director SUBJECT: Approval of Authorization to Submit Environmental Assistance Grant Application DATE: October 15, 2010 INTRODUCTION The city council will consider approving the attached resolution authorizing staff to submit a grant application to the Minnesota Pollution Control Agency (MPCA) for potential pond dredging activities. BACKGROUND The Environmental Assistance Grant opportunity is available for stormwater sediment contaminated with Polycyclic Aromatic Hydrocarbons (PAHs). As summarized by the MPCA: During March and April of this year notices were sent to cities, towns, townships, and other stormwater stakeholders to make them aware of a new law restricting state agency use of coal tar-based sealers on pavements such as roads, trails, driveways and parking lots. That notice contained information about: the new law, background information about PAHs the potential for high cost to manage stormwater sediments contaminated with PAHs, and work being done at the MPCA as a result of the new law The new law includes a provision to make grant money available to local units of government to help manage stormwater sediments contaminated with PAHs. This provision is specific to local units of government who will manage stormwater sediments contaminated PAHs. Eligible applicants are limited to municipalities that have adopted an ordinance for the restricted use of undiluted coal tar sealants. Approximately $424,800 is available for grant awards with a maximum grant amount of $100,000, and a minimum 50 percent match required. The City of Maplewood passed an ordinance banning the use of coal tar sealants earlier this year and now qualifies to apply for grant monies. The grant application is due November 1, 2010. DISCUSSION The Ramsey-Washington Metro Watershed District has a partnership opportunity with member cities in which the district provides testing of ponds and provides project development and inspection services. Cities are required to reimburse only for testing and construction costs. In the coming days RWMWD will be testing Wicklander’s Pond within the City Hall campus for sediment levels and contaminants. If high levels of polycyclic aromatic hydrocarbons are found the city plans to submit the grant application to cover up to $100,000 in construction costs. If testing results come back negative then the city will delay dredging of the pond until a city wide program is establish and properly outlays funding sources. BUDGET The city’s only obligation at this point is reimbursing RWMWD for the testing costs which are expected to be roughly $5,000 and would be paid for out of the environmental utility fund. If the pond is found to have high PAH levels and qualifies for grant submittal then $100,000 could be available for the management of the contaminated sediment. A 50% match is required and as previously mentioned RWMWD would be covering a substantial portion of that requirement through the project development, design, and inspection services offered at no cost to the city. This item would be brought back to council for approval and budget detail if the project qualifies for grant submittal and is established as a city project. RECOMMENDATION Staff recommends that the council adopt the resolution authorizing submittal of the grant application if high levels of PAH contamination are found in Wicklander’s Pond. Attachments: 1. Resolution RESOLUTION AUTHORIZING SUBMITTAL OF ENVIRONMENAL ASSISTANT GRANT (PAH CONTAMINANT: POND DREDGING) WHEREAS, the City Council of Maplewood, Minnesota has heretofore has previously passed a resolution banning the use of coal-tar sealants within city limits; and WHEREAS, Ramsey-Washington Metro Watershed District is testing Wicklander’s Pond for contaminants, specifically for polycyclic aromatic hydrocarbons; and WHEREAS, the city council supports applying for the grant through the Minnesota Pollution Control Agency in order to secure funds through the environmental assistance grant program; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The staff shall submit the environmental assistance grant in an amount estimated to be $100,000 to manage PAH contamination within Wicklander’s Pond. Adopted by the Maplewood City Council on this 25th day of October 2010. Agenda Item I1 MEMORANDUM TO: James W. Antonen, City Manager FROM: Chuck Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: October 18, 2010 SUBJECT:2011Charitable Gambling Fund - Approval of Awards 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 also the case this year. The city received 19 applications with $101,188in requests. The amount of fundsavailable is $25,000. This amount is considerably less than previous years. Staff would like to note that funding in this program is decreasing significantly and that it isnot anticipated to seea return to previous levels anytime soon. BACKGROUND On October 11, 2010, the City Council was presentedwith the applications for 2011 Charitable Gambling Funds. The Council reviewed the requests and submitted toCity Staff their individual voting sheets on award amounts. The votes were combinedinto one spreadsheet and an average of the suggested award amounts was used to total the award amounts presented today. This spreadsheet is provided, for reference, as an attachment. Each of the organizations requesting funds is listed below, as well as their requested amounts and the final suggested award amounts tallied from the City Council’s vote.Please note that 2 organizations received $0 due to Council practice of zeroing out any applicant that gets a zero allocation from fouror more members of the City Council. Name of OrganizationProposed Award Requested Amount American Red Cross -TC Area Chapter$2,500$800 $5,000 Ashland Productions$940 Austin Otto -Boy Scout Troop 461$6,500$540 Dispute Resolution Center$3,000$1,050 $1,600 District 622 ADD/ADHD Support Group$400 $12,650 District 622 Fusion Drumline$900 Friends of Maplewood Nature$3,000$2,000 Maple Tree Monastery Childcare Center$3,335$800 $16,551 Maplewood Area Historical Society$4,000 Maplewood Mall -Simon Youth Foundation$5,000$300 Maplewood Police Explorers$8,000$3,240 $5,000 Maplewood Police Reserves$3,140 $2,000 Maplewood Youth Scholarship Fund$1,000 North St. Paul Area Food Shelf$1,000$700 Presentation Cub Scout Pack 461$1,000$270 $4,500 Ramsey County Fair$2,260 Saint Paul Composite Squadron Civilian Air Patrol$3,552*$0 St. Paul Ski Club$5,000*$0 $12,000 Tubman Family Alliance$1,900 Fund Reserves$760 TOTAL$104,500$25,000 RECOMMENDATION Staff recommends the approval of the proposed awards amounts. Attachments: 1.Charitable Gambling Funds Proposed Awards for 2011Spreadsheet Agenda Item I2 AGENDA REPORT TO : City Manager, Jim Antonen FROM: H. Alan Kantrud, City Attorney SUBJECT:Consideration of Domestic Partnership Ordinance DATE:October 19, 2010 INTRODUCTION The City Council directed staff to draft an Ordinance regarding domestic partnerships for the City of Maplewood. An administrative presentation and Council Manager Workshop has had this issue before you previously and staff has made those presentations and comes before you now presenting this for official consideration and potential action. DISCUSSION As has been discussed in the administrative presentation as well as at the Council Manager Workshop on Domestic Partnerships, the notion of domestic partners has more to do with honoring all partnerships that falloutside of the traditionally accepted man-woman/husband-wife relationship model. As such, domestic partnerships are in no way being presented here as a challenge to or alternative for traditional marriages. As was discussed at the workshop, this may benefit couples living in this fashion, but creating this law and creating the registry in no way imparts or creates any special rights for the couples that choose to memorialize their status in this way. Staff has taken the comments received at the Workshop and integrated them into a first-run draft of the Ordinance that is being presented tonight. The specific direction was to eliminate the references to traditional marriage, which has been done. As was made clear in the Workshop, a roster/registry wouldbe maintained by Citizens’ Services that would ultimately be a collection of applications and database of partnerships, and the information would be available pursuant to Chapter 13 (Minnesota Government Data Practices Act). Again, the practical effect of this registry on local businesses and entities such as hospitals is unknown, but would not be in any way a directive to those entities to adjust any policies they have in place. It will not replace a Power of Attorney or a valid Health Care Directive. A Disclaimer is italicized at the front of the Ordinance that clearly states this. The registry and participation in the registration process will only have such effect as the entity interpreting it gives it and the City makes no promises as to its inherent efficacy. Also, as a matter of housekeeping, direct references to the area of the City Code into which this Ordinance would be placed have not been included as staff is expecting to recodify the Code in the near-future and placement will be determined at the time of recodification. RECOMMENDATION Staff recommends that the Council review the attached Ordinance and direct staff to modify per your direction or take action on the item as presented, e.g., an up or down vote for passing the Ordinance as presented here. Attachments: A. Draft Domestic Partnership Ordinance ORDINANCE NO. 2010- AN ORDINANCE AMENDING THE MAPLEWOODCITY CODE CONCERNING DOMESTIC PARTNERS THE CITY OF MAPLEWOODORDAINS: Section 1. Chapter x of the Maplewood City Code is amended by adding Section ___ to provide as follows: xx.01 Purpose. The City of Maplewood authorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside or work in Maplewood and who share a life and home together may document their relationship. Maplewood’s Domestic Partnership Ordinance is a City Ordinance and does not create rights, privileges, or responsibilities that are available to married couplesunder state or federal law. DISCLAIMER: The City of Maplewood cannot provide legal advice concerning domestic partnerships. Applicants and registrants may wish to consult with an attorney for such advice including but not limited to: wills, medical matters, finances and powers of attorney (including durable powers of attorney and health care directives), children and dependents, medical, health care and employment benefits. xx.02 Definitions. The following words and phrases used in this Ordinance have the meanings given in this Section. Domestic Partners. Any two adults who meet all the following: 1. Are not related by blood closer than permitted under marriage laws of the state. 2. Are not married. 3. Are competent to enter into a contract. 4. Are jointly responsible to each other for the necessities of life. 5. Are committed to one another to the same extent as married persons are to each other. 6. Do not have any other domestic partner(s). 7. Are both at least 18 years of age. 8. At least one of whom resides in Maplewood or is employed in Maplewood. Domestic Partnership. The term “domestic partnership” shall include, upon production of valid, government-issued documentation, in addition to domestic partnerships registered with the City of Maplewood, and regardless of whether partnersin either circumstancehave sought further registration with the City of Maplewood: A. Any persons who have a currently-registered domestic partnership with a governmental body pursuant to state, local or other law authorizing such registration. The term domestic partnership shall be construed liberally to include unions, regardless of title, in which two individuals are committed to one another and wish to have their relationship memorialized. B. Marriages that would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law, e.g., same-sex marriages in States that recognize and/or authorize them by law. xx.03 Registration of Domestic Partnerships. A. The City Clerk shall accept an application in a form provided by the City to register domestic partners who state in such application that they meet the definition of domestic partners. B. The City Clerk shall charge an application fee for the registration of domestic partners and shall charge a fee for providing certified copies of registrations, amendments, or notices of termination. The fees required by this Section shall be in the amount set forth in Section xxx of this Code. C. Upon payment of the application fee and receipt of the application, the City Clerk shallcheck the same for completeness and provide each domestic partner with a registration certificate. The registration certificate shall not be issued prior to the third working day after the date of the application. D. This application and certificate may be used as evidence of the existence of a domestic partner relationship. E. The City Clerk shall keep a record of all registrations of domestic partnership, amendments to registrations and notices of termination. The records shall be maintained so that amendments and notices of termination are filed with the registration of domestic partnership to which they pertain. F. The application and amendments thereto, the registration certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. xx.04 Amendments . The City Clerk may accept amendments for filing from persons who have domestic partnership registrations on file, except amendments attempting to replace one of the registered partners with another individual. xx.05 Termination of Domestic Partnership. Domestic partnership registration terminates when the earliest of the following occurs: 1.One of the partners dies; or 2.Forty-five days after one partner: a) sends the other partner written notice, on a form provided by the City, that they areterminating the partnership; and b) files the notice of termination and an affidavit of service of the notice on the other partner with the City Clerk. Section 2. Chapter xx of the Maplewood City Code is amended by adding Section xx to provide as follows: xx.01 Homestead designation. Eligibility for the designation of property as a homestead, the application process and the verification process are set forth in State Statutes. In administering the state homestead statutes the City will not impose any additional requirements on domestic partners. xx.02 Fees . If the City offers a “family fee,” family membership or family registration rate for memberships, tickets or other offerings, domestic partners are entitled to the same family fee, family membership or family registration. Section 3. Section xx of the Maplewood Personnel Policies is amended to provide as follows: . Subd. 3 PurposeSick leave with pay may be granted to employees entitled thereto when the employee is unable to perform scheduled work duties due to illness/disability, the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability, exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Sick leave with pay may also be granted for a variety of other family and medical circumstances. The amount and conditions under which sick leave with pay may be used for such circumstances is provided in the family and medical leave policy adopted pursuant to Subsection xxx of this Code. Sick leave with pay may be granted for a maximum of five scheduled work days in the event of the death of an employee's spouse,domestic partner, father, mother or child, spouse's father, mother or child; or domestic partner’s father, mother or child and a maximum of three days in the event of the death of an employee's grandparent, grandchild, brother or sister. Section 4. Section xxx Schedule A of the Maplewood City Code is amended by adding the following: SECTIONSUBSECTION PURPOSE OF FEE OR CHARGEAMOUNT xx xx.03 registration of domestic partners $25 xx xx.03 certified copies of registration, Amendments or notice of termination of domestic partners $10 Section 5. This ordinance is effective upon passage and publication. THIS PAGE IS INTENTIONALLY LEFT BLANK MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Rezoning of the Rear Portions of 931 to 1117 County Road C from F SUBJECT: (farm residential) to R1 (single dwelling residential) VOTE REQUIRED: Simple Majority Required for Approval DATE: October 13, 2010 INTRODUCTION On August 17, 2010, the planning commission evaluated the city’s zoning and land use maps for inconsistencies between the two documents and to check for zoning classifications that may not make sense. The zoning issues found are not inconsistencies resulting from the recent 2030 comprehensive plan update, but have existed for many years. Proposal One such case is the split zoning of the single dwelling properties on the south side of Kohlman Lake. The planning commission directed staff to proceed with rezoning the rear portions of these lots that have F zoned (farm residence) zoning to R1 (single dwelling residential) as they are zoned nearer to the street. Refer to the maps. Request Rezone the F zoned areas of the properties located from 931 to 1117 County Road C to R1. BACKGROUND On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. DISCUSSION Why the Split Zoning? When the city council zoned the lands in Maplewood in 1965, it was a common practice to utilize farm district zoning for areas that were not developable, as in this case, with the undevelopable parts of these deep lots which extend into Kohlman Lake. The developable portions for home sites were zoned properly as R1 for single dwelling development. This split zoning has been in place since 1965. Though split zoning was acceptable then, it is currently not seen as a proper zoning practice. Split Zoning—City Attorney’s Comment Alan Kantrud, the city attorney, previously commented to the planning commission about properties with split zones, those having more than one zoning classification. One recent case reviewed by the planning commission was the undeveloped Mogren family property southwest of the Regal Car Wash at County Road C and White Bear Avenue. Mr. Kantrud does not recommend that the city allow properties to have split zonings. Such method of zoning often conflicts with the land use plan depending on the zoning mix, and may make development confusing and encumbered. Why the Proposed Revision to R1? The reason for this proposed rezoning from F to R1 is simply to eliminate the “split zoning” of these properties to achieve uniformity. A rezoning to R1 will also be compatible with the city’s comprehensive land use plan which designates these lots as LDR (low density residential). Impact on Development Potential There would be no affect on the development potential of these properties. In actuality, the land use provisions for both the F and R1 zoned properties are the same. There would be no change in the use provisions by this rezoning. Furthermore, the F zoned portions of these properties are not developable since they are within the lake or marsh lands. Property Taxes The Ramsey County Tax Assessor’s office stated that zoning has no affect on property taxes. Tax classifications are based on the use of the property, not on the zoning. The tax classification, along with the market value is used to calculate taxes. If the current use is continued, the tax classification will not change. Zoning changes will not affect taxes. Criteria for Rezoning Section 44-1165 of the zoning ordinance states that, to revise the zoning map, the planning commission and council shall: Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. Determine that the proposed change will not substantially injure or detract from the use of neighboring properties or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. COMMISSION ACTIONS October 5, 2010: The planning commission recommended approval of this rezoning. RECOMMENDATION Approve the resolution rezoning of the northerly portions of the properties located from 931 to 1117 County Road C from F (farm residential) to R1 (single dwelling residential) for the following reasons: 1. This proposed rezoning would remove the split zoning by replacing the F, farm zoning classification with the R1, single dwelling zoning classification. 2. This change would comply with the comprehensive land use plan low density residential classification. 3. The proposed rezoning would meet the following five criteria for a zoning map revision as required by city ordinance: a. Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. b. Determine that the proposed change will not substantially injure or detract from the use of neighboring properties or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. e. Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. REFERENCE SITE DESCRIPTION Existing Use: The subject properties are developed with single dwellings with deep lots extending into Kohlman Lake or the abutting marsh SURROUNDING LAND USES North: Kohlman Lake South: County Road C and single dwellings East: Open space property owned by the City of Maplewood West: Single dwellings PLANNING Land Use Plan Designation: LDR Zoning: F and R1 p:Sec4\Kohlman Lake Properties Rezoning CC 10 10 te Attachments: 1. Location/Zoning Map 2. Land Use Map 3. Rezoning Resolution Attachment 3 REZONING RESOLUTION WHEREAS , the City of Maplewood city staff proposed a change to the city's zoning map from F (farm residential) to R1 (single dwelling residential) for the northerly portions of the single dwelling residential properties identified below; WHEREAS , this zoning map change applies to the properties located on the south side of Kohlman Lake. The property identification numbers identifying the affected properties are: 04-29-22-33-0006; 04-29-22-34-0010; 04-29-22-34-0009; 04-29-22-34-0008; 04-29-22-34-0007; 04-29-22-34-0006; 04-29-22-34-0005; 04-29-22-34-0004; 04-29-22-34-0003; 04-29-22-34-0002; 04-29-22-34-0011; 04-29-22-34-0012; 04-29-22-43-0009; 04-29-22-43-0008; 04-29-22-43-0007; 04-29-22-43-0006; 04-29-22-43-0012; 04-29-22-43-0011; 04-29-22-43-0004; 04-29-22-43-0003; WHEREAS , this rezoning is proposed to eliminate the split zoning of these properties and for compatibility with the city’s comprehensive land use plan. WHEREAS , the history of this change is as follows: 1. On October 5, 2010, the planning commission held a public hearing to consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On __________, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ________ the above- described change in the zoning map for the following reasons: 1. This proposed rezoning would remove the split zoning by replacing the F, farm zoning classification with the R1, single dwelling zoning classification. 2. This change would comply with the comprehensive land use plan low density residential classification. 3. The proposed rezoning would meet the following five criteria for a zoning map revision as required by city ordinance: a. Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. b. Determine that the proposed change will not substantially injure or detract from the use of neighboring properties or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. e. Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. The Maplewood City Council approved this resolution on ______, 2010. DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 5, 2010 5. PUBLIC HEARING a. 7:00 p.m. or Later. Rezoning of the Rear Portions of 931 to 1117 County Road C from (farm residential) to R1 (single dwelling residential) 1. Planner Michael Martin gave the report and answered questions of the council. Chairperson Fischer opened the public hearing. 1. Matt Smith, 2611 Cypress Street North, Maplewood, addressed the commission regarding the zoning and easements of his property. Chairperson Fischer closed the public hearing. Councilmember Pearson moved to approve the rezoning of the rear portions of 931 to 1117 County Road C from (farm residential) to R1 (single dwelling residential) for the following reasons: 1. This proposed rezoning would remove the split zoning by replacing the F, farm zoning classification with the R1, single dwelling zoning classification. 2. This change would comply with the comprehensive land use plan low density residential classification. 3. The proposed rezoning would meet the following five criteria for a zoning map revision as required by city ordinance: a. Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. b. Determine that the proposed change will not substantially injure or detract from the use of neighboring properties or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers police and fire protection and schools. e. Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. Seconded by Councilmember Trippler. Ayes – All The motion passed. October 5, 2010 1 Planning Commission Meeting Minutes MEMORANDUM TO: FROM: SUBJECT:Consider Request for ParkFunds for Open Space Improvements at Beaver Creek DATE: INTRODUCTION DISCUSSION RECOMMENDATION Beaver CreekPreserve S of Maryland, W of Sterling Acre 9.1s Apr 11, 2008 31 MEMORANDUM INTRODUCTION BACKGROUND RECOMMENDATION