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2002 07-08 City Council Packet
REVISED -- AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 08, 2002 Council Chambers, Municipal Building Meeting No. 02 -14 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from the Council /Manager Workshop, June 24, 2002 2. Minutes from the City Council Meeting, June 24, 2002, Meeting No. 02 -13 E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Human Relations Committee Appointment 2. MRPA Award of Excellence G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Donation- Landfall Cops `n Kids Fishing Clinic 3. Mall Area Traffic Study, City Proj ect 01 -11: - Resolution Approving Cost Share Agreement with Minnesota Department of Transportation 4. Duc's Restaurant -705 Century Avenue North -3.2 Malt Liquor License 5. Vietnam Restaurant-3035 White Bear Avenue -3.2 Malt Liquor License 6. Selection 'of Location -City Visionary Meeting 7. Centex/Hillcrest Redevelopment 8. Donation to Police Department from Maplewood Toyota H. PUBLIC HEARINGS 1. 7:00 p.m. Sinclair Fuel Station (223 Larpenteur Avenue) a. Conditional Use Permit b. Design Approval 2. 7:15 p.m. Bruentrup Farm (2170 County Road D) a. Conditional Use Permit Revision b. Design Approval c. Consider Funding Options d. Change Order Authorizing Construction 3. 7:30 p.m. Hmong Alliance Church (1770 McMenemy Street) a. Conditional Use Permit Revision b. Design Approval I. AWARD OF BIDS 1. Award of Bid - Hazelwood Park Soccer Lights 2. Award of Bid for Open Space Signage 3. Sanitary Sewer Repair Program -City Project 02 -06 . J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Acapulco Restaurante Mexicano -3069 White Bear Avenue - Intoxicating Liquor License 2. Beaver Lake Townhomes Sanitary Sewer &Bike Path, Project 01 -09: Resolution Approving Plans and Advertising for Bids 3. Eldridge Avenue Improvements, Project 01 -29: a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll c. Resolution Ordering Assessment 4: Dorland Road Access Improvement -City Project 01 -26: Resolution Terminating Improvement Project and Waiving Utility Charges 5. Phosphorus Free Fertilizer Ordinance Amendment (First Reading) 6. Fireworks Ordinance (First Reading) 7. Sweden Trip Report 8. Maplewood Census L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS 1. 2. 3. N. ADMINISTRATIVE PRESENTATIONS 1. Special Meeting -Bid on Improvement Bonds - Thursday, July 18, 2002, 5:00 p.m. 2. City Tour - Monday, July 29, 2002, 5:3 0 p.m. O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 770 -45.23 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. AGENDA ITEM NO,,,L DRAFT -- MINUTES CITY COUNCIL /MANAGER WORKSHOP Action by Coufncil ' Monday, June 24, 2002 Council Chambers, City Hall \` 6:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present Others Present: City Manager Fursman Assistant City Manager Coleman City Clerk Guilfoile City Engineer Ahl Chief Winger C. APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as presented. Seconded by Councilmember Wasiluk Ayes -All D. NEW BUSINESS Date Endorsed Modified Rejected 1. Presentation form the Hartford Group (Hajicek Property) a. City Manager Fursman presented the staff report. b. Bill Griffith representing the Hartford Group presented specifics of their report regarding the Hajicek parcel. The proposal included a development that included: for -sale townhomes, rental row houses, senior housing, commercial office and retail space. C. Jenny Ross, SRF Consulting, spoke about the Environmental Review Process. Council/Manager's Workshop 06 -24 -02 2. Review of Temporary Liquor License Policy a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented the staff report. C. Chief Winger provided specifics from his memo. Councilmember Collins moved to adopt the recommendation made by Police Chief Winger for requirements to include, at the least, a limited background investigation. Chief Winger will submit the agenda report to council with his recommendations for their approval. Seconded by Councilmember Juenemann Ayes -All E. FUTURE TOPICS 1. Exploring the Possibilities of a Sister City 2. Ordinance Regulating Buckthorn F. ADJOURNMENT With their being no further business, the meeting adjourned at 6:54 p.m. Council/Manager's Workshop 06 -24 -02 J - i l DRAFT- -MINUT A NO MAPLEWOOD CITY C U I 7:00 P.M., Monday, June 24, 2002 Council Chambers Municipal Building Action Council p g Meeting No. 02 -13 A. CALL TO ORDER: roofed A meeting of the City Council was held in the Council Chambers, at the unicip"aMui Mng�,and was called to order at 7:00 P.M. by Mayor Cardinal. Be co E. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Kenneth V. Collins, Councilmember Kathleen Juenemann, Councilmember Marvin C. Koppen, Councilmember Julie A. Wasiluk, Councilmember Present Present Present Present Present APPROVAL OF MINUTES 1. Minutes from June 10, 2002 Council /Manager Workshop Councilmember Juenemann moved to approve the Council/Manager Workshop Minutes of June 1, 2002 as presented. Seconded by Councilmember Collins 2. Minutes from June 10, 2002 City Council Meeting Ayes -All Councilmember Wasiluk moved to approve the City Council Minutes of June 10, 2002 meeting No. 02 -12 as amended. Seconded by Councilmember Juenemann 3. Minutes from Visionary Meeting June 13, 2002 Ayes -All Councilmember Juenemann moved to approve the Visionary Meeting minutes of June 13, 2002 as presented. Seconded by Councilmember Wasiluk Ayes - All APPROVAL OF AGENDA M1. Citizen Calls M2. Phalen Lake M3. Police M4. Open Space Tour M5. LMC Conference in Rochester M6. Bruentrup Farm Parking Fl. Girl Scout Award City Council Meeting 06 -24 -02 1 Councilmember Wasiluk moved to approve the Agenda as amended. Seconded by Councilmember Juenemann Ayes -All F. APPOINTMENTS /PRESENTATIONS 1. Girl Scout Award Becky Schwantes, a Girl Scout, has worked with Common Bond Communities for the past three years. Becky organized a drive and collected over 1200 young adult books, encyclopedias, dictionaries and compact discs through donations from Visitation High School, St. Jerome's Elementary School and various local businesses'. For her efforts, on Thursday, May 16, 2002, Becky was awarded the Girls Scout Gold award at the council ceremony in St. Paul. G. CONSENT AGENDA Councilmember Juenemann moved to approve the Consent Agenda as presented. Seconded by Councilmember Wasiluk Ayes -All 1. Approval of Claims ACCOUNTS T)AXTAT]T L' $349.95 Checks #57933 dated 6/4/02 $234,219.69 Checks #57934 thru 957997 dated 6/11/02 $200,859.22 Disbursements via debits to checking account dated 6/3 thru 6/10/02 $156,566.87 Checks #57998 thru #58057 dated 6/18/02 $123,545.80 Disbursements via debits to checking account dated 6/7 thru 6/17/02 $715,541.53 Total Accounts Payable n A ZT77 ! T $398,112.71 Payroll Checks and Direct Deposits dated 6/7/02 $31,798.69 Payroll Deduction checks #89282 thru #89289 dated 6/7/02 $429,911.40 Total Payroll $1,145,452.93 GRAND TOTAL City Council Meeting 06 -24 -02 2 2. Conditional Use Permit Review - University Auto Sales (1145 Highway 36) Agreed to review the conditional use permit for University Auto Sales and Leasing at 1145 Highway 36 East again in one year. 3. English Street Improvements, Proj ect 01 -14: Approve Easement Acquisition Agreements with Maplewood Ventures and with Moose Lodge Approved the easement acquisition agreements with Maplewood Ventures, Inc. and the Moose Lodge for the English Street Improvements, Proj ect 01 -14. 4. Deferred Compensation Plan Amendment Adopted the following resolution to amend the City of Maplewood's Deferred Compensation Plan: RESOLUTION 02 -06 -116 RESOLUTION TO AMEND DEFERRED COMPENSATION PLAN Plan Number: 3 0 0 8 8 2 Name of Employer: Ci . of Maplewood State: Resolution of the above named Employer ( "Employer ") Minnesota WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the Employer has established a deferred compensation plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan: NOW THEREFORE BE IT RESOLVED that the Employer hereby amends and restates the deferred compensation plan (the "Plan ") in the form of: (Select one) 0 U The ICMA Retirement Corporation Deferred Compensation Plan and Trust ❑ The Plan and Trust provided by the Employer (executed copy attached hereto) City Council Meeting 06 -24 -02 BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee ( "Trustee "), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. 5. Reception Area Remodel- Contingency Fund Request Approved the Reception Area Remodel project, not to exceed $8,000 and to approve the transfer of funds from the contingency account. 6. Ramsey County Fair -Fee Waiver Request Approved the fee waiver for the Ramsey County Fair for a carnival and fireworks permit and also a noise waiver. The Fair will run from July 10th to the 14th. Seconded by Councilmember Wasiluk Ayes -All H. PUBLIC HEARINGS 1. 7:00 (7:17 p.m.) Eldridge Avenue Improvements, Project 01 -29: Resolution Ordering Improvement after Public Hearing (4 Votes) a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. C. Project Consultant, Larry Bor, TKDA provided specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Karl Schroeder, 372 East Aldrich Avenue, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Collins moved to approve the following resolution ordering the improvement of Eldridge Avenue from McMenem Street to Desoto Street, City Project 01 -29: RESOLUTION 02 -06 -117 APPROVING REVISING PUBLIC HEARING DATE WHEREAS, pursuant to resolution passed by the city council on May 28, 2002, a date of June 10, 2002, was set to hold the public hearing for the Eldridge Avenue Improvement Project, Project 01 -29, and WHEREAS, a clerical error occurred such that legal notice as required by resolution did not occur for proper notification of said item. City Council Meeting 06 -24 -02 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A hearing shall be held on the 24th day of June, 2002, at the city hall at 7:00 p.m. to pass upon such proposed improvement and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such improvement. Seconded by Councilmember Koppen Ayes -All 2. 7:15 (7:30 p.m.) Beaver Creek Sanitary Sewer Replacement and Bike Path, Project 01 -09; Resolution Ordering Improvement after Public Hearing (4 Votes) a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Karl Kiel, URS Corporation, Minneapolis, MN d. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following resolution ordering the improvement for the Beaver Creek Sanitary Sewer Replacement and Bike Path, City Project 01 -09 (4 Votes). RESOLUTION 02 -06 -118 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 10th day of June, 2002, fixed a date for a council hearing on the proposed replacement of the sanitary sewer main and construction of bike path located on the Beaver Lake Townhome site, City Project 01 -09, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 24, 2002, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the City of Maplewood replace the sanitary sewer main and construct a bike path at the Beaver Lake Townhome site, City Project 01 -09. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 24th day of June 2002. 3. The city engineer is designated engineer for this improvement and is hereby City Council Meeting 06 -24 -02 5 directed to prepare final plans and specifications for the making of said improvement. 40 The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $855,330 shall be established. The proposed financing plans is as follows: Park Development Fund $ 94 Sewer Utility Fund 587 General Tax Levy 16 Assessments 157,800 Total $855 Seconded by Councilmember Koppen Ayes -All Councilmember Koppen introduced Tony Zappa from Boy Scouts Troup 50 who was attending the council meeting to receive a merit badge on citizenship and the community. I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. House Moving Request (Crockett) - Sylvan Street a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented the specifics of the report. Councilmember Wasiluk moved to approve the moving of a one -story stucco house and detached ga rage for Bart Crockett to the lot south of 1754 Svlvan Street. The aDnroval also includes the proposed site plan and dwelling orientation as shown in the memo dated May 9, 2002. This approval shall be subject to the conditions of approval as written in the memo date May 9, 2002. Council also moved to approve staffs' recommendation for the city to require $71,250 be placed in an escrow amount in the event the job is not completed. Seconded by Mayor Cardinal Ayes- Councilmembers Koppen and Wasiluk Nays -Mayor Cardinal, Councilmembers Juenemann, Koppen and Collins Motion failed: Councilmember Juenemann was not in support of the motion due to the risk factor, looking at the impact on the neighborhood and also taking into account the time of the year. Councilmember Collins was not comfortable with the house estimates Mr. Crockett submitted. Mayor Cardinal would much rather see a new house put on the site and would be open to looking at another structure, but not that particular structure. 2. Kline Nissan Dealership Wetland Setback Variance Reconsideration (3 100 Highway 61) City Council Meeting 06 -24 -02 6 a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented the specifics of the report. C. Clifton A. Aichinger, Ramsey /Washington Metro Watershed outlined the Metro Watershed's position. d. Rick Kline, owner, Kline Auto World, spoke about the proposal. Councilmember Collins moved to approve the following variance resolution (50 foot buffer on the NE side, and 25 feet on all other sides with an infiltrations stem installed on all sides ), for the Nissan Dealership site plan: RESOLUTION 02 -06 -119 VARIANCE RESOLUTION WHEREAS, Rick Kline, of Kline Auto World, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03- 29 -22 -22 -0002 and 03- 29 -22 -22 -0003. The legal description is: Tract "A ", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. WHEREAS, Section 36- 196(h)(3) of the wetland protection ordinance requires a 100 -foot- wide wetland buffer. WHEREAS, the applicant proposed a 75- foot -wide wetland buffer. WHEREAS, the city council approved a wetland buffer variance ranging from a 50- foot -wide buffer on the northeast side of the property to a 75- foot -wide buffer on the south and southeast sides of the site. WHEREAS, the history of this variance is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on May 28, 2002. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The City Council Meeting 06 -24 -02 7 council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described variance for the following reasons: a. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100 - foot -wide wetland buffer requirement would make development of this site difficult. b. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve a portion of the wetland buffer substantially over its present state and will treat storm water from the site with a subsurface storm water infiltration system. c. The city council previously approved similar wetland buffer variances for three developments near this proposal. Approval is subject to the applicant doing the following: a. Dedicating a 50 -foot wetland protection buffer easement along the northeast lot line and a 25 -foot wetland protection buffer easement along the remaining wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. b. Submitting a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge on the side where the 50 -foot buffer is required, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). C. Submitting a revised landscape plan for the restoration of 40 feet of the wetland - protection buffer on the northeast side of the site and for the 25 -foot buffer in the other wetland buffer areas. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. d. Installing signs at the edge of the wetland - protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. e. Submitting a signed maintenance agreement to the Ramsey /Washington Metro Watershed District and the city for maintenance of the subsurface storm water infiltration system that accepts responsibility for any necessary maintenance and upkeep of the system. City Council Meeting 06 -24 -02 Seconded by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers Collins, and Koppen Nays - Councilmembers Juenemann and Wasiluk K. NEW BUSINESS 1. Hillcrest Area Development Proposal a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. Councilmember Collins moved to table the Hillcrest Area Proposal. Seconded by Councilmember Wasiluk Ayes -All 2. White Bear Avenue Improvements at Lydia and Woodlynn, Project 01 -08: Approve Cooperative Agreement with Ramsey County and Project Plans a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. Councilmember Koppen moved to approve the cooperative a .eement with Ramsey County and the prof ect plans for th e White Bear Avenue Improvements at Lydia and at Woodlynn. Proi ect 01 -08. Seconded by Councilmember Wasiluk Ayes -All 3. Clarification of Public Meeting a. City Manager Fursman presented the report and presented the specifics of the report. Councilmember Juenemann moved to reschedule the special meeting (from June 13th 2002) to 12:00 p.m. Tuesday, July 30, 2002. Seconded by Councilmember Wasiluk Ayes -All 4. Intoxicating Liquor License Compliance Failure - Laber's Liquor -1700 D. Rice Street a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented the specifics of the report. C. Chief Winger provided further specifics. City Council Meeting 06 -24 -02 9 d. The following person was present: Jeff Bail, attorney for Arthur Stein, Laber's Liquors Councilmember Collins moved to impose a $2,000 fine to Laber's Liquor for a liquor violation and a $500 fine for a tobacco violation and impose a three -day suspension (August 28, 29, 30) of their liquor and tobacco license. Due to repeated violations, it is also recommended that Mr. Stein and his staff attend an educational class about alcohol and tobacco compliance. Seconded by Councilmember Juenemann Ayes - Councilmembers Collins, Koppen, Wasiluk and Juenemann Nays -Mayor Cardinal 5. Intoxicating Liquor License Compliance Failure - Suzanne's Cuisine - Maplewood Community Center a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented the specifics of the report. C. The following persons were present: Harry Phil, Corporate Partner, Suzanne's Cuisine Suzanne Schilling, Manager of Suzanne's Cuisine Mayor Cardinal moved to impose a five hundred dollar fine on Suzanne's Cuisine for a first time liquor violation. Seconded by Councilmember Wasiluk Ayes -All 6. Intoxicating Liquor License Compliance Failure -5 -8 Tavern & Grill -2289 Minnehaha Avenue a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented the specifics of the report. C. The following persons were present: Jim Emerson, owner, 5 -8 Tavern And Grill, provided further specifics. William Emerson, Partner, 5 -8 Tavern and Grill Councilmember Collins moved to impose a five hundred dollar fine on 5 -8 Tavern & Grill for a first time liquor violation. Seconded by Councilmember Juenemann Ayes -All 7. Hillcrest Animal Hospital Water Main Improvements, City Project 01 -28: Resolution Approving Plans and Advertising for Bids City Council Meeting 06 -24 -02 10 a. City Manager Fursman presented the report. b. City Engineer Ahl presented the specifics of the report. Councilmember Wasiluk moved to adopt.the following resolution Approving Plans and Advertising for Bids for the Hillcrest Animal Hospital Water Main Improvement, City Project 00 -28: RESOLUTION 02 -06 -123 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 22, 2002, plans and specifications for Hillcrest Animal Hospital Water Main Improvements (T.H. 61 and County Road D), Project 01 -28, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10 a.m., on the 12th day of July, 2002, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of July 22, 2002. Seconded by Councilmember Koppen Ayes -All 8. Retiree Health Savings Plan a. City Manager Fursman presented the report. b. Human Resources Director Le presented the specifics of the report. Councilmember Koppen moved to adopt the following Integral Part Trust document and adopt the following Retiree Welfare Benefit Plan entitled "Retiree Medical and Dental Expense Reimbursement Plan ": City Council Meeting 06 -24 -02 11 DECLARATION OF TRUST OF THE City of Maplewood INTEGRAL PART TRUST Declaration of Trust made as of the 24 day of June, 2002, by the City of Maplewood, Minnesota a municipal corporation, serving as Trustee (hereinafter referred to as the `Employer "). RECITALS: WHEREAS, the Employer is a political subdivision of the State of Minnesota exempt from federal income tax under the Internal Revenue Code of 1986; and WHEREAS, the Employer provides for the security and welfare of its eligible employees (hereinafter referred to as "Participants "), their Spouses, Dependents and Beneficiaries by the maintenance of one or more post- retirement welfare benefit plans, programs or arrangements which provide for life, sickness, medical, disability, severance and other similar benefits through insurance and self - funded reimbursement plans (collectively the "Plan"); and WHEREAS, it is an essential function and integral part of the exempt activities of the Employer to assist Participants, their Spouses, Dependents and Beneficiaries by making contributions to and accumulating assets in the trust, a segregated fund, for post- retirement welfare benefits under the plan; and WHEREAS, the authority to conduct the general operation and administration of the Plan is vested in the Employer or its designee, who has the authority and shall be subject to the duties with respect to the trust specified in the Declaration of Trust; and WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan for the exclusive benefit of Plan Participants, their Spouses, Dependents and Beneficiaries; and NOW, THEREFORE, the parties hereto do hereby establish this trust, to be known as the Declaration of Trust of the City of Maplewood Integral Part Trust (hereinafter referred to as the "Trust "), and agree that the following constitute the Declaration of Trust (hereinafter referred to as the "Declaration "): ARTICLE I DEFINITIONS 1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective meanings set forth below unless otherwise expressly provided. (a) "Account" means the individual recordkeeping account maintained under the Plan to record the interest of a Participant in the Plan in accordance with section 7.3. (b) "Account Transfer" means a transfer of the Participant's Account upon his or her death to be used for the payment of benefits for the Participant's Spouse and Dependents. (c) "Administrator" means the Employer. The Employer may contract for such administrative services as are necessary to implement the Plan. City Council Meeting 06 -24 -02 12 (d) "Beneficiary" means the person or persons designated by the Participant pursuant to the terms of the Plan, or, if the Plan provides otherwise, the Spouse and Dependents, who will receive any benefits payable hereunder in the event of the Participant's death. (e) "Code" means the Internal Revenue Code of 1986, as amended from time to time. (f) "Covered Employment Classification" means the group or groups of Participants eligible to have contributions to this Plan made on their behalf, as specified by the Employer. (g) "Dependent" means an individual who is a person described in Code Section 152(a). (h) "Investment Fund" means any separate investment option or vehicle selected by the Employer in which all or a portion of the Trust assets may be separately invested as herein provided. The Trustee shall not be required to select any Investment Fund. (i) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Dependent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribution which has vested pursuant to the vesting schedule specified in the Employer's Plan. (j) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which the Participant has his primary place of residence. (k) "Trust" means the trust established by this Declaration. (1) "Trustee" means the person or persons appointed by the Employer to serve in that capacity. ARTICLE II ESTABLISHMENT OF TRUST 2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Participants, their Spouses, Dependents and Beneficiaries. ARTICLE III CONSTRUCTION 3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of Minnesota. 3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate, and the singular form of words shall be read as the plural where appropriate. 3.3 If any provision of this Trust shall be held illegal or invalid for any reason, such determination shall not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of this Trust. City Council Meeting 06 -24 -02 13 ARTICLE IV BENEFITS 4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse and Dependents. Death benefits may be provided to a Beneficiary pursuant to the terms of the Plan. 4.2 Form of Benefits. This Trust may provide benefits by cash payment. This Trust may reimburse the Participant, his Spouse or Dependents for insurance premiums or other payments expended for permissible benefits described under the Plan. This trust may reimburse the Employer, or the Administrator for insurance premiums. ARTICLE V GENERAL DUTIES 5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to compute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody, investment, safekeeping or disposition of any assets comprising the Trust, to the extent such functions are performed by the Employer or the Administrator, or both. 5.2 It shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the Administrator, or other person or entity designated hereunder from time to time, the Employer's contributions under the Plan and to inform the Administrator in writing as to the identity and value of the assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to participants of the Plan. ARTICLE VI INVESTMENTS 6.1 The Employer may appoint one or more investment managers to manage and control all or part of the assets of the Trust. 6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the Employer (or Participants, their Spouse and Dependents, or Beneficiaries to the extent provided herein) the Trustee is authorized and empowered with the following powers, rights and duties, each of which the Trustee shall exercise in a nondiscretionary manner: (a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee or in the name of a nominee, or to take and keep the same unregistered; (b) To employ such agents and legal counsel as it deems advisable or proper in connection with its duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be liable for the acts of such agents and counsel or for the acts done in good faith and in reliance upon the advice of such agents and legal counsel, provided it has used reasonable care in selecting such agents and legal counsel; City Council Meeting 06 -24 -02 14 (c) To exercise where applicable and appropriate any rights of ownership in any contracts of insurance in which any part of the Trust maybe invested and to pay the premiums thereon; and (d) At the direction of the Employer (or Participants, their Spouses, their Dependents, their Beneficiaries, or the investment manager, as the case may be) to sell, write options on, convey or transfer, invest and reinvest any part thereof in each and every kind of property, whether real, personal or mixed, tangible or intangible, whether income or non - income producing and wherever situated, including but not limited to, time deposits (including time deposits in the Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures, equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securities and other corporate, individual or government securities or obligations, annuity, retirement or other insurance contracts, mutual funds (including funds for which the Trustee or its affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units of any other common, collective or commingled trust fund. 6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as title holder only. Persons holding custody or possession of assets titled to the Trust shall include the Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee (except in cases in which the Employer is the Trustee). The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from compliance with any direction from the Employer, the Administrator, the investment manager or such agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may refuse to comply with any direction from the Employer, the Administrator, the investment manager, or such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal. 6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims, demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the directions of the Employer or it agents and subagents hereunder, or (ii) any disbursements of any part of the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken by or omitted in good faith by the Trustee with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction with respect to any such investment in the absence of directions from the investment manager. Notwithstanding anything to the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemnification if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken by it under the provisions of this Trust. 6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer, the Administrator and the investment manager or another agent of the Employer, will be responsible for valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims, actions, demands, liabilities, losses, damages, or expenses of City Council Meeting 06 -24 -02 15 whatsoever kind and nature, which arise from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such assets. 6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all actions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever kind and nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer, the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator, the investment manager or agents thereof; and (c) the Trustee's negligence, willful misconduct, or recklessness with respect to the Trustee's duties under this Declaration. ARTICLE VII CONTRIBUTIONS 7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the Plan or by resolution. 7.2 Accrued Sick Leave and /or Accrued Vacation Leave. Contributions up to an amount equal to the value of accrued sick leave or vacation leave, or both, are permitted under the Plan. The Employer's Plan must provide a formula for determining the value of the Participant's contribution of accrued sick leave or vacation leave, or both. The Employer's Plan must contain a forfeiture provision that will prevent Participants from receiving the accrued sick leave or vacation leave, or both, in cash in lieu of a contribution to the Trust. 7.3 Accounts. Employer contributions and contributions of accrued sick leave or vacation leave, or both, all investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be deposited into an Account in the naive of the Participant for the exclusive benefit of the Participant, his Spouse, Dependents and Beneficiaries. The assets in each Participant's Account may be invested in Investment Funds as directed by the Participant from among the Investment Funds selected by the Employer. 7.4 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or investment manager or another agent of the Employer, shall receive all contributions paid or delivered to it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declaration, without distinction between principal and income. The Trustee shall not be responsible for the calculation or collection of any contribution under the Plan, but shall hold title to property received in respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this Declaration. 7.5 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, or alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Employer, the Trustee, any Participant, his Spouse, Dependent, or Beneficiaries. 7.6 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. City Council Meeting 06 -24 -02 16 ARTICLE VIII OTHER PLANS 8.1 If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical, disability, severance, or other benefits and designates the Trust hereby created as part of such other plan, the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, may commingle for investment purposes the contributions received under such other plan or plans with the contributions previously received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, shall at all times show the portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to refer separately to each other plan; and (c) the term "Employer" as used herein shall be deemed to refer to the person or group of persons which have been designated by the terms of such other plans as having the authority to control and manage the operation and administration of such other plan. ARTICLE IX DISBURSEMENTS AND EXPENSES 9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to Section 7.6), which would cause any part of the Trust to be used for or diverted to purposes other than the exclusive benefit of the Participants and their Beneficiaries pursuant to the provisions of the Plan. 9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be made, and no person shall be entitled to look to any other source for such payments. 9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against and shall be paid from the Trust upon the direction of the Employer. ARTICLE X ACCOUNTING 10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and other transactions of the Trust, except as necessary to perform its title - holding function hereunder. All accounts, books, and records relating thereto shall be maintained by the Employer or its designee. City Council Meeting 06 -24 -02 17 10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its designee. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be appointed by, or account to any court of law in the exercise of its powers hereunder. 11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look to the propriety of the acts of the Trustee in connection therewith. 11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of the Trustee under this Declaration. 11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract information from, and copy all books, records, accounts, and other documents of the Trustee relating to this Declaration and the Trustees' performance hereunder. ARTICLE XII AMENDMENT AND TERMINATION 12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration at any time for any reason without the consent of the Trustee or any other person, provided that no amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the exception of the Trustee to the amendment. Any such amendment shall become effective as of the date provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the Trustee, if the Trustee's execution is not required. 12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the tenns of the Plan, be returned to the Employer. ARTICLE XIII SUCCESSOR TRUSTEES 13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving ninety (90) days' advance written notice. 13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days' advance written notice to the Employer. 13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trustee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declaration, and the terminated Trustee shall be deemed discharged of all duties under this City Council Meeting 06 -24 -02 18 Declaration and responsibilities for the Trust. ARTICLE XIV LIMITED EFFECT OF PLAN AND TRUST 14.1 Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or account, nor the payment of any benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this Declaration. ARTICLE XV PROTECTIVE CLAUSE 15.1 Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any contract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the part of the insurer or provider to make payments provided by such contract, or for the action of any person which may delay payment or render a contract void or unenforceable in whole or part. IN WITNESS WHEREOF, the City of Maplewood as the Employer and Trustee have executed this Declaration by their respective duly authorized officers, as of June 24, 2002. ARTICLE I PREAMBLE 1.01 Establishment of Plan The Employer named above hereby establishes a Retiree Medical and Dental Expense Reimbursement Plan as of the 1 st day of July , 20 1.02 Purpose of Plan This Plan has been established to reimburse the eligible Retirees of the Employer for medical and dental expenses incurred by them, their Spouses and Dependents, pursuant to the Employer's VantageCare Retiree Health Savings (RHS) Plan. ARTICLE II DEFINITIONS The following words and phrases as used herein shall have the following meanings, unless a different meaning is plainly required by the context: 2.01 "Benefits" means any amounts paid to a Participant in the Plan as reimbursement for Eligible Medical and Dental Expenses incurred by the Participants, their spouses or their dependents during a Plan Year. City Council Meeting 06 -24 -02 19 2.02 "Code" means the Internal Revenue Code of 1986, as amended. 2.03 "Dependent" means any individual who is a dependent of the Participant within the meaning of Code Sec. 152. 2.04 "Eligible Medical or Dental Expenses" means those expenses designated by the Employer as eligible for reimbursement in the VantageCare Retiree Health Savings Plan Adoption Agreement. 2.05 "Employer" means the unit of state or local government creating this Plan, or any affiliate or successor thereof that likewise adopts this Plan. 2.06 "Entry Date" means the first day the Participant meets the eligibility requirements of Article III as of such Date. 2.07 "Participant" means any former employee who has met the eligibility requirements set forth in Article III. 2.08 "Plan Administrator" means the Employer or other person appointed by the Employer who has the authority and responsibility to manage and direct the operation and administration of the Plan. 2.09 "Plan Year" means the annual accounting period of the Plan, which begins on the 1 st day of July , 20 , and ends on the 31 day of December , 20 , with respect to the first Plan Year, and thereafter as long as this Plan remains in effect, the period that begins on January 1 , and ends on December 31 . 2.10 "Retiree" means any individual who, while in the service of the Employer, was considered to be in a legal employer- employee relationship with the Employer for federal withholding tax purposes, and who was part of the classification of employees designated as covered by the Employer's VantageCare Retiree Health Savings Plan. 2.11 "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which Participants have their primary place of residence. All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in which they appear. ARTICLE III ELIGIBILITY 3.01 General Requirements Each Retiree who meets the eligibility requirements outlined in the Employer's VantageCare Retiree Health Savings Plan shall be eligible to participate in this Plan. City Council Meeting 06 -24 -02 20 3.02 Termination of Coverage of an Eligible Dependent. An Eligible Dependent's coverage shall terminate — (a) After the death of the Retiree, upon the attainment of age 19 (or 24 for a full time student); (b) Notwithstanding (a) above, an Eligible Dependent's coverage shall not cease if the individual is incapable of self - sustaining employment by reason of mental or physical handicap and he or she became handicapped while an Eligible Dependent of the Participant. The account balance may continue to be utilized to pay Benefits of the individual if he or she qualified as a Dependent of the Participant during the Participant's life, and the Plan has received due proof of incapacity within 31 days of when the individual's coverage under the Plan would otherwise terminate. The individual's coverage may be continued as long as the individual remains incapacitated. The Plan may request proof of the continued existence of such incapacity from time to time. ARTICLE IV AMOUNT OF BENEFITS 4.01 Annual Benefits Provided by the Plan Each Participant shall be entitled to reimbursement for documented, Eligible Medical or Dental Expenses incurred during the Plan Year in an annual amount not to exceed the account balance of the Participant in the Employer's VantageCare Retiree Health Savings Plan. Claims for expenses incurred more than two years prior are not eligible for reimbursement, nor are expenses incurred prior to benefit eligibility. 4.02 Cost of Coverage The expense of providing the benefits set out in Section 4.01 shall be contributed as outlined in the Employer's VantageCare Retiree Health Savings Plan. ARTICLE V PAYMENT OF BENEFITS 5.01 Eligibility for Benefits A. Each Participant in the Plan shall be entitled to a benefit hereunder for all Eligible Medical and Dental Expenses incurred by the Participant on or after the Entry Date of his or her participation, (and after the effective date of the Plan) subject to the limitations contained in Article V, below, regardless whether the mental or physical condition for which the Participant makes application for benefits under this Plan was detected, diagnosed, or treated before the Participant become covered by the Plan. B. In order to be eligible for benefits, the Participant must meet the benefit eligibility criteria outlined in the Employer's VantageCare Retiree Health Savings Plan Adoption Agreement. City Council Meeting 06 -24 -02 21 C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from the Plan. 5.02 Claims for Benefits l No benefit shall be paid hereunder unless a Participant has first submitted a written claim for benefits to the Plan Administrator on a form specified by the Plan Administrator, and pursuant to the procedures set out in Article VI, below. Upon receipt of a properly documented claim, the Plan Administrator shall pay the Participant the benefits provided under this Plan as soon as is administratively feasible. ARTICLE VI PLAN ADMIMSTRATION 6.01 Allocation of Authority The Employer shall control and manage the operation and administration of the Plan. The Employer shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to remedy possible ambiguities, inconsistencies, or omissions. All determinations of the Employer with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Employer shall have the following powers and duties: (a) To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan, in accordance with the provisions of the Plan; (b) To determine the amount of benefits that shall be payable to any person in accordance with the provisions of the Plan; to inform the Plan Administrator, as appropriate, of the amount of such Benefits; and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; and (c) To designate other persons to carry out any duty or power which would otherwise be a fiduciary responsibility of the Plan Administrator, under the terms of the Plan. (d) To require any person to furnish such reasonable information as it may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan; (e) To make and enforce such rules and regulations and prescribe the use of such forms as they shall deem necessary for the efficient administration of the Plan. 6.02 Provision for Third -Party Plan Service Providers The Plan Administrator, subject to approval of the Employer, may employ the services of such persons as it may deem necessary or desirable in connection with the operation of the Plan. City Council Meeting 06 -24 -02 22 The Plan Administrator, the Employer (and any person to whom it may delegate any duty or power in connection with the administration of the Plan), and all persons connected therewith may rely upon all tables, valuations, certificates, reports and opinions furnished by any duly appointed actuary, accountant, (including Employees who are actuaries or accountants), consultant, third party administration service provider, legal counsel, or other specialist, and they shall be fully protected in respect to any action taken, not taken, or permitted in good faith in reliance thereon. All actions so taken or permitted shall be conclusive and binding as to all persons. 6.03 Several Fiduciary Liability To the extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability for any acts or for failure to act except for this own willful misconduct or willful breach of this Plan. 6.04 Compensation of Plan Administrator Unless otherwise agreed to by the Employer, the Plan Administrator shall serve without compensation for services rendered in such capacity, but all reasonable expenses incurred in the performance of these duties shall be paid by the Employer. 6.05 Bonding Unless otherwise determined by the Employer, or unless required by any Federal or State law, the Plan Administrator shall not be required to give any bond or other security in any jurisdiction in connection with the administration of this Plan. 6.06 Payment of Administrative Expenses All reasonable expenses incurred in administering the Plan, including but not limited to administrative fees and expenses owing to any third party administrative service provider, actuary, consultant, accountant, attorney, specialist, or other person or organization that may be employed by the Plan Administrator in connection with the administration thereof, shall be paid by the Employer, provided, however that Participants shall bear the monthly cost (if any) charged by a third party administrator for maintenance of their Benefit Accounts. 6.07 Timeliness of Payments Payments shall be made as soon as administratively feasible after the required forms and documentation have been received by the Plan Administrator. 6.08 Annual Statements The Plan Administrator shall furnish each Participant with an annual statement of his medical and dental expense reimbursement account within ninety (90) days after the close of each Plan Year. City Council Meeting 06 -24 -02 23 ARTICLE VII CLAIMS PROCEDURE 7.01 Procedure if Benefits are Denied Under the Plan Any Participant, Spouse or Eligible Dependent, or their duly authorized representative may file a claim for a plan benefit to which the claimant believes that he or she is entitled. Such a claim must be in writing on a form provided by the Plan Administrator and delivered to the Plan Administrator, in person or by mail, postage paid. Within thirty (30) days after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. hi no event may the extension exceed ninety (90) days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 30 -day period. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 7.03 and 7.04. 7.02 Requirement for Written Notice of Claim Denial The Plan Administrator shall provide, to every claimant who is denied a claim for benefits, written notice setting forth in a manner calculated to be understood by the claimant: (a) The specific reason or reasons for the denial; (b) Specific reference to pertinent Plan provisions on which the denial is based; (c) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material is necessary, and (d) An explanation of the Plan's claim review procedure. 7.03 Right to Request Hearing on Benefit Denial Within sixty (60) days after the receipt by a claimant of written notification of the denial (in whole or in part) of the claim, a claimant or their duly authorized representative, upon written application to the Plan Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may review pertinent documents, and may submit issues and comments in writing. 7.04 Disposition of Disputed Claims Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on the review. The decision on review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision and specific references to the pertinent plan provisions on which the decision is based. The decision on review shall be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a review, unless special circumstances require an extension of time for processing, in City Council Meeting 06 -24 -02 24 which case a decision shall be rendered not later than one hundred- twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be given written notice of the extension prior to the expiration of the initial sixty (60) day period. If notice of the decision on the review is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05. 7.05 Preservation of Other Remedies After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from pursuing any other legal or equitable remedy otherwise available. ARTICLE VIII AMENDMENT OR TERMINATION OF PLAN 8.01 Permanency While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future business contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 8.02 and 8.03, below. 8.02 Employer's. Right to Amend The Employer reserves the right to amend the Plan at any time and from time -to -time, and retroactively if deemed necessary or appropriate to meet the requirements of the Code, or any similar provisions of subsequent revenue or other laws, or the rules and regulations in effect under any of such laws or to conform with governmental regulations or other policies, to modify or amend in whole or in part any or all of the provisions of the Plan or as deemed appropriate by the Employer, subject to requirements to negotiate with designated union representatives. 8.03 Employer's Right to Terminate The Employer reserves the right to discontinue or terminate the Plan at any time without prejudice. ARTICLE IX GENERAL PROVISIONS 9.01 No Employment Rights Conferred Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be continued in the employment of the Employer. 9.02 Payments to Beneficiary Any benefits otherwise payable to a Participant following the date of death of such Participant shall be paid as outlined in the Employer' -s VantageCare Retiree Health Savings Plan Adoption Agreement. City Council Meeting 06 -24 -02 25 9.03 Nonalienation of Benefits No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. If any person entitled to benefits under the Plan becomes bankrupt or attempts to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any benefit under the Plan, or if any attempt is made to subject any such benefit to the debts, contracts, liabilities, engagements or torts of the person entitled to any such benefit, except as specifically provided in the Plan, then such benefit shall cease and terminate in the discretion of the Plan Administrator, and it may hold or apply the same or any part thereof to the benefit of any dependent or beneficiary of such person, in such manner and proportion as the Plan Administrator may deem proper. 9.04 Mental or Physical Incompetency If the Plan Administrator determines that any person entitled to payments under the Plan is incompetent by reason of physical or mental disability, the Plan Administrator may cause all payments thereafter becoming due to such person to be made to any other person on the Participant's behalf, without responsibility to follow the application of amounts so paid. Payments made pursuant to this Section shall completely discharge the Plan Administrator and the Employer. 9.05 Inability to Locate Payee If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because the Plan Administrator cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person (including a notice of the payment so due mailed to the last known address of such Participant or other person as shown on the records of the Employer), such payment and all subsequent payments otherwise due to such Participant or other person shall be escheated under the laws of the State of the last known address of the Participant or other persons eligible for benefits. 9.06 Requirement of Proper Forms All communication in connection with the Plan made by a Participant shall become effective only when duly executed on forms provided by and filed with the Plan Administrator. 9.07 Source of Payments The Employer shall be the sole source of benefits under the Plan. No Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee or beneficiary. City Council Meeting 06 -24 -02 26 9.08 Tax Effects Neither the Employer nor the Plan Administrator makes any warranty or other representation as to whether any payments received by a Participant hereunder will be treated as includible in gross income for federal or state income tax purposes. 9.09 Multiple Functions Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. 9.10 Headings The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder. 9.11 Applicable Laws The provisions of the Plan shall be construed, administered and enforced according to the laws of the State of Minnesota 9.12 Severability Should any part of this plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. Seconded by Councilmember Juenemann Ayes -All 9. Set Compensation for City Attorney 2002 a. City Manager Fursman presented the report and presented the specifics of the report. Councilmember Koppen moved to set the fee for prosecution services at $117,900 for 2002 ($9,825/month.) and the transfer of $9,400 from the contingency fund to the legal account. Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmembers Koppen, Juenemann, and Wasiluk Nays - Councilmember Collins L. VISITOR PRESENTATIONS 1. Don Misgen -1367 Price Avenue - Voiced concern with the street work being done between Price and Clarence Street. 2. Kevin Berglund -1929 Kingston Avenue- Encouraged more communication between the council, staff and citizens. City Council Meeting 06 -24 -02 27 M. COUNCIL PRESENTATIONS 1. Mayor Cardinal - -A letter that was published in the Pioneer Press June 21, 2002 by Jerry Markie referenced inflation and the impact on the school systems and state. The mayor received numerous phone calls from citizens. The comments included: 1) "There is no parallel between the City of Maplewood and the School District." 2) "The city is not financially mismanaged, don't become like the school district." 3) "A Significant deficit is expected in 2003 (3 billion). There will be considerable pressure to raise taxes. We will look at alternative solutions that focus on spending and designed to avoid tax increases." 4) "Don't want another levy -it will not pass ". 5) "School District 622 Administration Superintendent Dan Kaler's number is 651 -748- 7410 and Citizen Jerry Markie's number is 651 -486- 9085." 6) "Provide increased funding for schools if they are able to show improved academic results over time." 2. Phalen Lake -Mayor Cardinal noted that there is an odor emitting from the lake that has been identified as Eurasia Milfoil and the city may need to be brought in to try to eradicate the problem. 3. Police -Mayor Cardinal congratulated Mike Herbert on his retirement after 30 years of service to the city. 4. Open Space Tour - Councilmember Juenemann thanked staff for their efforts on organizing this successful, educational tour. 5. League of Minnesota Cities- Councilmember Juenemann commented on the worth of attending the conference. 6. Bruentrup Farm Parking - Councilmember Wasiluk would like to see the parking situation at Bruentrup revisited at the next council meeting. N. ADMINISTRATIVE PRESENTATIONS 1. Future Meeting - -The Pre - agenda meeting scheduled for Thursday, July 3, 2002 has been canceled. 2. Ramsey County Parade -July 11, 2002 -A quorum of the council will be present. The event is considered social and does not fall under posting requirements. 3. Special Meeting- A special meeting of the city council will be held Thursday July 18, 2002 regarding the Bid Award on the Bond Issue. City Council Meeting 06 -24 -02 28 O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 10:15 p.m. Seconded by Councilmember Juenemann Ayes - All City Council Meeting 06 -24 -02 29 AGENDA NO. AGENDA REPORT TO: Richard Fursman, City Manager FROM: David Thomalla, Deputy Chief of Police and Human Relations Commission Liaison RE: HUMAN RELATIONS COMMISSION APPOINTMENT DATE: June 11, 2002 INTRODUCTION Vot e. .� There is presently one vacancy on the Human Relations Commission due to the resignation of Donna Brown in 2001. Two applications were received for this vacancy. BACKGROUND At the Human Relations Commission meeting on June 4, 2002, the Commissioners met one candidate who applied for the vacancy, Barbara Damchik- Dykes, She was present for the monthly meeting and then was interviewed by the Commission. The second applicant had been contacted to attend both the May and June meetings but failed to appear at either meeting. The Commission was very impressed by Ms. Damehik -Dykes background, experience and interest in the Commission. The Commissioners' questions dealt with the ap . availabilty, commitment, knowledge and qualifications. Ms. Damchik- Dykes' resume and application are attached.:. Based on Ms. Damchik- Dykes' interview, the Commission recommends her appointment to the Maplewood Human Relations Commission. HRC RECOhD ENDATIONS It is recommended that the City Council interview Barbara Damchik -Dykes for the existing vacancy on the Commission. Attachment MEI TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Director of DATE: June 27, 2002 for the July 8, 2002 City Council Meeting SUBJECT: MRPA Award of Excellence Agenda Action by Council Date E ndor �:;ed Modified R ejected MOM 4 The Minnesota Recreation and Park Association sponsors an award of excellence program. The program recognizes agencies and organizations in Minnesota for their outstanding achievements in the parks, recreation and leisure services fields. The Maplewood Parks and Recreation Department was fortunate to receive the 2002 Award of Excellence for our marketing and publications for parks and recreation programming and facilities. Our department is fortunate to have Heidi Hersom as our marketing /public relations specialist. Heidi has been with us for one year and has made tremendous improvements in our park and recreation marketing program. Her major contribution to date has been to provide continuity and consistency in marketing our logo and name. Our logo can be found on all city publications and has served as a wonderful trademark for quality recreation programs and facilities. Mr. John Elholm, representing the MRPA board of directors and assistant director for Washington County will be in attendance on Monday, July 8, to formally present the award to the city council. I have asked Heidi Hersom and Pauline Staples, Assistant to the Parks and Recreation Director, to receive this prestigious state award on behalf of our department. Should you have any questions, please contact me at ext. 4573. kdlmrpa.mem c: Pauline Staples. Asst. to Parks and Rec. Dir. Heidi Hersom, Marketing/Public Rel Spec. O N QpRK ASSOC qT�o ti P � 1' June 7, 2002 Minnesota Recreation and Park Association - 3954 Bryant Avenue South - Minneapolis, Minnesota 55409 Phone: 612/825 -2200 - Fax: 612/825 -6201 - Toll Free: 800/862 -3659 Pauline Staples Maplewood Parks and Recreation 1830 East County Road B Maplewood, MN 55129 Dear Pauline, The MRPA Award of Excellence program recognizes agencies and organizations in Minnesota for their outstanding achievements in the parks, recreation and leisure services field. The MRPA Awards Committee has met and reviewed 28 nomination forms for the 2002 Award of Excellence program. This represents what I believe are a record number of nominations submitted for the Award of Excellence Program. Thank you for being part of this record - breaking year. This year 19 nominations were selected by. the Awards Committee to receive Award of Excellence recognition. Each nomination submitted is carefully evaluated by the Awards Committee according to certain criteria established for each of the seven award categories. The winning projects must score an average of 80 points or higher to receive this prestigious recognition. Congratulations to the City of Maplewood Parks and Recreation Department on your selection to receive a 2002 MRPA Award of Excellence. Attached is a list of the communities that received a 2002 Award of Excellence. The MRPA Awards Committee would like to have one of its members present the Award of Excellence at either a City Council or Park and Recreation Board or Commission meeting in either July or August of this year. To better facilitate this coordination, I have included the name of the Awards Committee member who has volunteered to make the presentation of your Award of Excellence. Please contact the Awards Committee member listed below to set up the presentation schedule for your Award of Excellence. Then once you have established the schedule, please contact me so that I can put together a master schedule for our Awards Committee members. Name of Award Presenter John Elholm Washington County Parks 11660 Myeron Road North Stillwater, MN 55082 -9573 Phone: 651-430-4303 Email: iohn .elholm(c,co.washington.mn.us Thank you for nominating a project for the 2002 MRPA Award of Excellence program and congratulations on your project being selected to receive an Award of Excellence this year. Sincerely, Randy Dista Chair 2002 MRPA Awards Committee cc: John Elholm AGENDA NO. G -1 AGENDA REPORT 4 "on by Count TO: City Council FROM: Finance Director Date Endorse - _ RE: APPROVAL OF CLAIMS Mo&fied ---� DATE: July 1, 2002 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 7•\ ♦ T T • T T T $4,000.00 Check #58058 dated 6/18/02 $ Checks #58059 thru #58118 dated 6/21 thru 6/25/02 $21 5,125.64 Disbursements via debits to checking account dated 6/14 thru 6/24/02 $322.00 Check #58119 dated 6/25/02 $548,137.19 Checks #58120 thru #58190 dated 6/28 thru 7/2/02 $2,088,720.95 Disbursements via debits to checking account dated 6/21 thru 6/28/02 $3 Total Accounts Payable $386,393.30 Payroll Checks and Direct Deposits dated 6/21/02 $30,065.05 Payroll Deduction checks #89453 thru #89459 dated 6/21/02 $416,458.35 Total Payroll $3,714,168.82 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 770 -4513 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. hu attachments PARNANCE\WORMAGMApC1AR MOI.doc vchlisc' Check Re Pa 06/18/2002 1:24:OOPM Cit of Maplewood Check Date Vendor 58058 6/18/2002 01692 U S POSTAL SERVICE I Checks in this report Description/Account Amount REPLENISH POSTAGE METER 4903 & 6 4,000.00 Total checks 4 �� 2 vchlist 06121/2002 8:30:34AM Check Register City of Maplewood Page: 1 Check Date Vendor Description /Account Amount 58059 6/25/2002 02505 ADVANTAGE SUPPLY BLADE 13.00 58060 6/25/2002 00005 AJ FORLITI PHOTOGRAPHY BUSINESS PHOTO 7.49 58061 6/25/2002 02233 ALL FURNITURE INSTALLATION MOVE OFFICE FURNITURE FOR RE -CA 1,675.00 58062 6/25/2002 01996 ALLINA HEALTH SYSTEMS PRE - EMPLOYMENT SCREENING 70.00 58063 6/25/2002 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 1,225.78 58064 6/25/2002 00134 ASSN OF METRO MUNICIPALITIES ANNUAL MEETING 30.00 58065 6/25/2002 01892 BARBAROSSA & SONS INC PROJ 00 -11 LIFT STATION #2 47,742.25 58066 6/25/2002 00171 BEHAN, JAMES REIMBURSE LICENSE & MILEAGE 4/11 43.84 58067 6/25/2002 02502 BOHMBACH, JOSHUA REIMBURSE VEH ALL & MILEAGE 6/12 39.82 58068 6/25/2002 00221 BROCK WHITE COMPANY, LLC. CRACK SEALANT ROADSAVER 221 6,057.93 58069 6/25/2002 00230 BRYAN ROCK PRODUCTS, INC. 84.45 TONS GRAVEL 568.42 58070 6/25/2002 00280 CENTRAL STORES VINYL ENVELOPES 31.63 58071 6/25/2002 02437 DAHLEN AND DWYER INC PROJ 01 -14 APPRAISALS 3,250.00 58072 6/21/2002 00415 DON'S PAINT & BODY SHOP REPAIR DAMAGED SQUAD 961 2,730.11 58073 6/25/2002 00531 FRA -DOR BLACK DIRT & RECYCLE BLACKDIRT 1,293.97 58074 6/25/2002 02460 FVN & HTC INC 2ND QTR - LEGAL SUPPORT SERVICES 4,000.00 58075 6/25/2002 00585 GOPHER STATE ONE -CALL BILLABLE TICKETS - MAY 48.05 58076 6/25/2002 02084 GROVER, CAROLYN REIMBURSE VEH ALL & MILEAGE 6/5- 44.20 REIMBURSE VEH ALL & MILEAGE 6/12 28.79 58077 6/25/2002 00612 GYM WORKS INC GYM EQUIP PREVENTATIVE MAINT 637.39 58078 6/25/2002 00684 HOWARD R GREEN COMPANY PROJ 00 -11 LIFT STAT SRVS THRU 5/24 3,947.24 58079 6/25/2002 02506 HUNT ELECTRIC CORP REPAIR MCC PARKING LOT LIGHTS 531.32 58080 6/25/2002 00721 INDEPENDENT SPORTS NETWORK SCHEDULE ADULT SOFTBALL UMPIRES 2,737.50 58081 6/25/2002 00857 LEAGUE OF MINNESOTA CITIES FULL ADV REGISTRATION 1,284.00 58082 6/25/2002 00895 M C F O A MEMBERSHIP FEE 35.00 58083 6/25/2002 00932 MAPLEWOOD BAKERY BIRTHDAY CAKES 85.50 BIRTHDAY CAKES 114.00 58084 6/25/2002 02442 MERCER GROUP INC, THE FIRE & EMS STRATEGIC BUSINESS PLA 1,500.00 58085 6/25/2002 01149 NATURAL RESOURCES RESTOR INC 6 ACRES - CUT BUCKTHORN, HERBICID 8,000.00 58086 6/25/2002 01126 NCPERS GROUP LIFE INS 612001 PERA LIFE INS (P /R DEDUCTED IN JUN 261.00 58087 6/25/2002 01162 NEW MECH COMPANIES INC TEST BACKFLOW PREVENTER 235.00 MAPLEWOOD FIRE DEPT REPAIR 584.93 58088 6/25/2002 01175 NORTH ST PAUL, CITY OF PW BLDG - ELECTRIC 1,782.17 SEWER & SECURITY LIGHT 401.92 MCC SEWER 218.29 58089 6/25/2002 02072 NORTH STAR CHAPTER 2002 EDUCATIONAL CONFERENCE 85.00 58090 6/25/2002 00001 ONE TIME VENDOR REF GATEWAY MECHANICAL - PMT 02 100.50 58091 6/25/2002 00001 ONE TIME VENDOR REF SINCLAIR OIL CORP - DEV SIGN 100.00 58092 6/25/2002 00001 ONE TIME VENDOR REF DIANE THOELKE - MEMBERSHIP 55.00 58093 6/25/2002 00001 ONE TIME VENDOR REF MARIE BRITHINE - AMBULANCE 39.34 58094 6/25/2002 01239 PALANK, MARY KAY REIMBURSE FOR MICROSOFT ACCESS 49.00 58095 6/25/2002 01311 PE RA ER ID #6120-00,01,51 - 6/21/02 P/R 42, 611.94 58096 6/25/2002 01263 PIKE, GARY REIMBURSE MEALS - 6/10 TO 6/16 27.73 58097 6/25/2002 01397 RYAN PLUMBING & HEATING CO. REBUILD SHOWERS 1,682.50 58098 6/25/2002 01413 SAFEASSURE CONSULTANTS INC. SAFETY TRAINING 2,985.00 58099 6/25/2002 02222 SHEFFIELD, OLSON & MCQUEEN INC DCRP & FLEX PLAN WEEKLY PYMTS 837.31 58100 6/25/2002 01478 SMOKE EATER SMOKE -EATER SUBSCR FOR FIRE FIG 414.50 58101 6/25/2002 02229 SNELL MECHANICAL INC SERVICE MCC AIR COMPRESSOR 419.69 SERVICE MCC COMBUSTION AIR DAMPS 266.00 REPLACED GYM CEILING 26" METAL EL 1,950.00 58102 6/25/2002 01537 STREAMLINE DESIGN INC. YOUTH TBALL HATS 1 YOUTH SOFTBALL TSHIRTS 1,797.35 58103 6/25/2002 01546 SUBURBAN SPORTSWEAR LLC SLEEVELESS JERSEYS 223.00 58104 6/25/2002 01560 SUPERIOR SERVICES INC RECYCLING - MAY 16,029.52 3 vchlist� Check Register Page: 2 06/21/2002 8 :30:34AM City of Maplewood Check Date Vendor Description /Account Amount 58105 6/25/2002 01574 T.A. SCHIFSKY & SONS, INC PROJ 01 -15 - CTY RD D RECONSTRUCTI 155,394.09 58106 6/25/2002 01578 T.R.F. SUPPLY CO. MISC SUPPLIES 720.74 WORK GLOVES 306.52 58107 6/25/2002 02507 TARTAN PARK/3M CLUB COUNCIUSTAFF PLNG SESSION 311.50 58108 6/25/2002 01580 TSE, INC. JANITORIAL SRVS 4/18 TO 5/15 637.66 58109 6/25/2002 02069 ULTIMATE DRAIN SERVICES INC PROJ 00 -04 CAMERA INSPECTED SEWE 150.00 PROJ 01 -14 CAMERA INSPECTED SEWE 150.00 PROD 00 -03 CAMERA INSPECTED SEWE 260.00 PROJ 00 -03 CAMERA INSPECTED SEWE 150.00 58110 6/25/2002 01683 UNIFORMS UNLIMITED INC PANTS, BOOTS & TIE 311.90 PANTS 89.90 BELT & MACE HOLDER 90.53 PANTS & SHIRT 111.79 BELT 38.50 BOOTS 106.95 REVERSE NAME TAG 52.72 58111 6/25/2002 01698 UNITED WAY OF THE ST. PAUL QUARTERLY PYMT 508.50 58112 6/25/2002 02480 UPBEAT INC 2 BENCHES, 2 RECEPTACLES & 2 PICN 2,085.62 2 BENCHES, 2 RECEPTACLES & 2 PICN 1,627.96 2 BENCHES, 2 RECEPTACLES & 2 PICN -85.00 2 BENCHES, 2 RECEPTACLES & 2 PICN -48.00 58113 6/25/2002 02165 URS / BRW INC PROJ 01 -09 PROF SRVS THRU 5/10/02 9,005.13 PROJ 01 -15 PROF SRVS THRU 5/3/02 91,917.50 PROJ 01 -28 PROF SRVS THRU 5/10/02 7,556.16 58114 6/25/2002 02508 VISUAL GIS SOLUTIONS GIS TECH PROF SRVS 1,750.00 58115 6/25/2002 02410 WELLS FARGO LEASING INC COPIER LEASE PYMT 1,185.35 58116. 6/25/2002 01764 WESTLING, TOM TENNIS INSTRUCTOR - MATCHPLAY 508.50 TENNIS INSTRUCTOR - SUMMER SESSI 892.50 58117 6/25/2002 01876 WHAT WORKS INC PC DEV SESSIONS 3,120.00 58118 6/25/2002 02243 WINDSOR COMPANIES INC IRRIGATION SRVS - MAY 120.00 60 Checks in this report Total chocks: 441,404.69 4 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 06/12/02 06/14/02 MN Dept of Natural Resources DNR electronic licenses 974.00 06/17/02 06/18/02 MN State Treasurer Drivers License /Deputy Registrar 12 06/18/02 06/19/02 MN State Treasurer Drivers License /Deputy Registrar 17,958.38 06/07/02 06/19/02 MN Dept of Revenue Sales Tax 4 06/19/02 06/20/02 MN State Treasurer Drivers License /Deputy Registrar 12 06/14/02 06/20/02 Elan Financial Services Purchasing card items 55,628.15 06/20/02 06/21/02 MN State Treasurer Drivers License /Deputy Registrar 10,305.50 06/07/02 06/21/02 MN Dept of Revenue Fuel Tax 314.00 06/21/02 06/24/02 MN State Treasurer Drivers License /Deputy Registrar 17,660.28 06/21/02 06/24/02 U.S. Treasurer Federal Payroll Tax 82,089.58 TOTAL 215 5 vchlist Check Register Page: 1 06/28/2002 10:4.6:03AM City of Maplewood Check Date Vendor 58119 6/25/2002 02509 OLD LOG THEATER 58120 7/2/2002 02510 ANIMALS OF WALTON'S HOLLOW 58121 7/2/2002 02324 APPLIED ECOLOGICAL SERVICES 58122 7/2/2002 00174 BELDE, STAN 58123 7/2/2002 00178 BERGGREN, GORDON 58124 7/2/2002 01811 BERNATELLO'S PIZZA INC 58125 7/2/2002 00186 BEST SOFTWARE, INC. 58126 7/2/2002 00300 CLAREYS SAFETY EQUIPMENT 58127 7/2/2002 02207 DELTA DENTAL PLAN OF MN 58128 7/2/2002 00413 DON MARTY'S LANDSCAPING 58129 7/2/2002 00422 DRAMA KIDS, THE 58130 7/2/2002 00447 ECOPRINT GRAPHICS SERVICES 58131 7/2/2002 00487 F.M. FRATTALONE EXCAVATING 58132 7/2/2002 00489 FACILITY SYSTEMS, INC 58133 7/2/2002 00499 FAUST, DANIEL 58134 7/2/2002 01401 FIRST STUDENT BUS COMPANY 58135 7/2/2002 00584 GOPHER STAGE LIGHTING 58136 7/2/2002 00589 GRAF, DAVE 58137 7/2/2002 02305 GRILL, CARL 58138 7/2/2002 00644 HEALTHPARTNERS 58139 7/2/2002 00668 HIEBERT, STEVEN 58140 7/2/2002 00684 HOWARD R GREEN COMPANY 58141 7/2/2002 00483 IDEACOM MID- AMERICA 58142 7/2/2002 01916 INSITUFORM TECH USA INC 58143 7/2/2002 02496 JAMAR TECHNOLOGIES INC 58144 7/2/2002 00789 KATH FUEL OIL SERVICE CO 58145 7/2/2002 00828 L M C I T 58146 7/2/2002 00932 MAPLEWOOD BAKERY 58147 7/2/2002 02511 MCHUGH, DAN 58148 7/2/2002 01819 MCLEOD USA 58149 7/2/2002 00966 58150 7/2/2002 00985 58151 7/2/2002 01012 58152 7/2/2002 01085 58153 7/2/2002 01611 58154 7/2/2002 01134 58155 7/2/2002 01135 58156 7/2/2002 01149 58157 7/2/2002 02517 58158 7/2/2002 01887 58159 7/2/2002 02512 58160 7/2/2002 02435 58161 7/2/2002 00001 58162 7/2/2002 00001 58163 7/2/2002 00001 58164 7/2/2002 00001 Description /Account MEDICA CHOICE METROPOLITAN COUNCIL MILLER, NICK MN LIFE INSURANCE MOBILE PHONE COMPANY, THE NAGEL, BRYAN NALIPINSKI, STEPHEN NATURAL RESOURCES RESTOR INC NETRIX INFORMATION TECH INC NORTHLAND CONCRETE & MASONARY NORTHWESTERN DOOR CO INC OLMSTED COUNTY EXTENSION SRV ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR 46 TICKETS FOR JUNE 26TH SHOW MCC PETTING ZOO 6/25 MAPPING OPEN SPACE SITES K -9 HANDLER - JUL NAME SIGN FOR COUNCIL CHAMBERS MERCH FOR RESALE ANNUAL SUPPORT THRU 8/2/03 6 SCOTT RIT -PAK INCLUDING CASE, 6 S MONTHLY PREMIUM SOCCER FLD FLOODING - PLAYCREST F HEAD INSTRUCTOR - DRAMA KIDS BUSINESS CARDS PROJ 00 -03 GLADSTONE SO - PYMT #1 WORK SURFACE FOR CITY CLERK'S O LODGING, MEALS, INS COURSE 6/15 TO BUS FEE - MCC CRYSTAL CAVE TRIP SUPPLIES KARATE INSTRUCTOR REIMBURSE MEALS & MILEAGE 6/14 TO MONTHLY PREMIUM K -9 HANDLER - JUL PROJ 02 -04 SRVS THRU 5/24 REPAIR VOICE MAIL SYSTEM RETAINAGE FOR PROJ 01 -02 TRAFFIC COUNTER WITH LOCK & CHAI UNLEADED MID -GRADE (89 OCTANE) G INSURANCE ADJUSTMENT MERCH FOR RESALE 4/15 TO 6/15 LACROSSE CAMP INSTRUCTOR DSL SERVICE - CREDIT DSL SERVICE - EDGERTON GYM DSL SERVICE - CREDIT DSL SERVICES - 2501 LONDIN LN DSL SERVICE - MAPLEWOOD MALL DSL SERVICE - NATURE CENTER LOCAL PHONE SERVICE 5/16 TO 6/15 DSL SERVICE - PUBLIC WORKS MONTHLY PREMIUM WASTEWATER - JUL REIMBURSE MEALS & MILEAGE 6/13 TO MONTHLY PREMIUM INSTALL PHONE NEW E7 & R2 SAFETY BOOTS REIMBURSE MEALS & MILEAGE 6/13 TO PRESCRIBED BURN AT JOY PARK BURNING BRUSH AT MAPLEWOOD FAR 25 HOURS SUPPORT FIRE STATION THRU 2/28 APPL #10 REPAIR FRONT DOOR - STATION 7 BUCKTHORN BUSTER BUTTONS & TSH REF LINDSEY BIEDLER - BIRTHDAY REF EVELYN LIPPY - AMBULANCE 2006 REF LEANNE ERICKSON - SWIMMING REF LESLIE ERICKSON - SWIMMING Amount 322.00 180.00 644.39 35.00 25.00 429.00 1,007.94 4,783.50 6,734.50 3,750.00 1,017.10 316.84 133,394.11 2,254.35 971.76 306.00 445.60 117.00 148.96 33, 862.83 35.00 2,145.59 2,142.74 10,162.00 3,215.00 7,613.86 43.00 747.61 720.00 -18.65 101.47 -23.32 142.02 3.03 71.02 5,066.33 152.18 50,725.54 148,383.10 155.72 2,847.39 367.22 154.70 193.07 957.00 2,845.00 3,250.00 19,941.06 204.00 175.00 80.00 58.94 45.00 45.00 I vchlist Check Register Page: 2 F; 06/28/2002 10:46:03AM City of Maplewood [J Check 58165 58166 58167 58168 58169 58170 n'ft40, veMA^r Description /Account 7/2/2002 7/2/2002 6/28/2002 7/2/2002 7/2/2002 7/2/2002 00001 01254 01263 01289 01345 01360 ONE TIME VENDOR PEPSI -COLA COMPANY PIKE, GARY PRAIRIE RESTORATIONS INC RAMSEY COUNTY REINHART FOODSERVICE REF LYNDA KEENEY - BIRTHDAY MERCH FOR RESALE REIMBURSE MEALS & EXP CONF FOOD SPRING BURN - PRIORY UNIT #1 DATA PROCESSING SERVICES - MAY MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE PROJ 01 -14 PROF SRVS - MAY PROJ 01 -14 PROF SRVS - MAY PROJ 01 -23 PROF SRVS - MAY PROJ 01 -21 PROF SRVS - MAY PROGRAM SUPPLIES MERCH FOR RESALE MERCH FOR RESALE STATION SUPPLIES PROGRAM SUPPLIES MERCH FOR RESALE PROGRAM SUPPLIES PATIO CHAIRS MCC STORYTELLER 6/24 SNORKELING CLASS - JUNE 8TH CAMP LESSON FEES MCC CARPET STATE OF MN CPV MEMBERSHIP REF STIGLICH CONST - DBL CHG PLAN CAMP SHIRTS 125M DATA TAPES PROJ 01 -14 ENGLISH ST - PYMT #1 VARIOUS BITUMINOUS MATERIALS NO VARIOUS BITUMINOUS MATERIALS NO MONTHLY PREMIUM SHORT -TERM DISABILITY - JUL PAYING AGENT FEE FOR 2002 - HALF P COMMERCIAL PLUMBING INSPECTIONS MERCH FOR RESALE MERCH FOR RESALE REIMBURSE FOR UNIFORM SERVICES FOR FIT TESTING XEROX DUPLICATING CHARGES - MAY 58171 7/2/2002 01409 S.E.H. 58172 7/2/2002 01418 SAM'S CLUB DIRECT 58173 7/2/2002 02513 SAWYER, CHERYL 58174 7/2/2002 01473 SMITH DIVING 58175 7/2/2002 02515 ST CROIX LESSON CENTER 58176 7/2/2002 02467 ST PAUL LINOLEUM AND CARPET CO 58177 7/2/2002 01524 STATE OF MINNESOTA CPV PROGRAM 58178 7/2/2002 02514 STIGLICH CONSTRUCTION 58179 7/2/2002 01546 SUBURBAN SPORTSWEAR LLC 58180 7/2/2002 01572 SYSTEMS SUPPLY, INC. 58181 7/2/2002 01574 T.A. SCHIFSKY & SONS, INC 58182 7/2/2002 01574 T.A. SCHIFSKY & SONS, INC 58183 7/2/2002 02203 UNUM LIFE INSURANCE - LTD 58184 7/2/2002 02290 UNUM LIFE INSURANCE - STD 58185 7/2/2002 02464 US BANK 58186 7/2/2002 01734 WALSH, WILLIAM P. 58187 7/2/2002 01750 WATSON CO INC, THE 58188 7/2/2002 02516 WILHELM, MELISSA 58189 7/2/2002 01789 WOODBURY, CITY OF 58190 7/2/2002 01793 XEROX CORPORATION Amount 40.00 167.30 115.14 775.00 1,555.10 234.13 306.77 356.04 3,530.95 1,127.52 5,378.85 3,923.89 123.86 167.02 214.07 84.35 158.51 101.95 217.15 381.67 200.00 84.00 1,020.00 23,189.00 500.00 236.11 121.25 269.34 40,037.40 985.53 2,577.16 2,685.87 975.34 87.50 60.00 396.13 263.98 46.94 1,860.00 411.87 72 Checks in this report Total checks : 548,459.19 U CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description 06/19/02 06/21/02 MN Dept of Natural Resources DNR electronic licenses 06/24/02 06/24/02 Wells Fargo Investment purchase 06/24/02 06/25/02 MN State Treasurer Drivers License /Deputy Registrar 06/21/02 06/25/02 MN State Treasurer State Payroll Tax 06/21/02 06/25/02 ICMA (Vantagepointe) Deferred Compensation 06/25/02 06/26/02 MN State Treasurer Drivers License /Deputy Registrar 06/24/02 06/26/02 Pitney Bowes Postage 06/26/02 06/27/02 MN State Treasurer Drivers License /Deputy Registrar 06/27/02 06/28/02 MN State Treasurer Drivers License /Deputy Registrar 06/21/02 06/28/02 WI Dept of Revenue State Payroll Tax TOTAL Amount 893.50 2 10,603.09 15,201.02 7,107.18 12,599.00 3,000.00 11,650.50 12,159.50 1,421.81 21088,720.95 CITY OF. MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Ell CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/21/02 COLLINS, KENNETH 357.47 dd 06/21/02 JUENEMANN, KATHLEEN 357.47 dd 06/21/02 KOPPEN, MARVIN 3 5 7.47 dd 06/21/02 DARST, ROBERTA 1 dd 06/21/02 FURSMAN, RICHARD 4,396.52 dd 06/21/02 SCHLINGMAN, PAUL 1,951.15 dd 06/21/02 SEEGER, GERALD 493.96 dd 06/21/02 SWANSON, LYLE 1,627.38 dd 06/21/02 YOUNG, DILLON 848.21 dd 06/21/02 CARLSON, THERESE 2 dd 06/21/02 LE, SHERYL 3,487.99 dd 06/21/02 FAUST, DANIEL 3,637.14 dd 06/21/02 URBANSKI, HOLLY 1,581.54 dd 06/21/02 ANDERSON, CAROLE 902.21 dd 06/21/02 BAUMAN, GAYLE 2,678.00 dd 06/21/02 JACKSON, MARY 1,664.74 dd 06/21/02 KELSEY, CONNIE 743.21 dd 06/21/02 TETZLAFF, JUDY 1 dd 06/21/02 FRY, PATRICIA 1 dd 06/21/02 GUILFOILE, KAREN 2 dd 06/21/02 O STER, ANDREA 1 dd 06/21/02 CAROE, JEANETTE 1 dd 06/21/02 JAGOE, CAROL 1 dd 06/21/02 JOHNSON, BONNIE 934.96 dd 06/21/02 OLSON, SANDRA 929.41 dd 06/21/02 WEAVER, KRISTINE 1 dd 06/21/02 CORCORAN, THERESA 1,420.92 dd 06/21/02 MARTINSON, CAROL 1 dd 06/21/02 POWELL, PHILIP 1 dd 06/21/02 SPANGLER, EDNA 346.50 dd 06/21/02 THOMALLA, DAVID 3 dd 06/21/02 WINGER, DONALD 3 dd 06/21/02 ABEL, CLINT 1 dd 06/21/02 ALDRIDGE, MARK 2 dd 06/21/02 ANDREWS, SCOTT 2 dd 06/21/02 BAKKE, LONN 2,274.56 dd 06/21/02 BANICK, JOHN 2 dd 06/21/02 BELDE, STANLEY 2,427.68 dd 06/21/02 BOHL, JOHN 2,303.38 dd 06/21/02 BUSACK, DANIEL 1,909.11 dd 06/21/02 DOBLAR, RICHARD 802.77 dd 06/21/02 DUGAS, MICHAEL 1 dd 06/21/02 HALWEG, KEVIN 2,974.82 dd 06/21/02 HEINZ, STEPHEN 2,222.35 Ell CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 10 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/21/02 HIEBERT, STEVEN 2,398.97 dd 06/21/02 JOHNSON, KEVIN 3,845.20 dd 06/21/02 KARIS, FLINT 2 dd 06/21/02 KONG, TOMMY 2 dd 06/21/02 KROLL, BRETT L559.10 dd 06/21/02 KVAM, DAVID 2,915.31 dd 06/21/02 LARSON, DANIEL 2 dd 06/21/02 LU, JOHNNIE 2 dd 06/21/02 MARINO, JASON 1 dd 06/21/02 MARTIN, JERROLD 1 dd 06/21/02 METRY, ALESIA 1429.05 dd 06/21/02 OLSON, JULIE 2,023.70 dd 06/21/02 PALMA, STEVEN 2 dd 06/21/02 PIKE, GARY 2,293.70 dd 06/21/02 RABBETT, KEVIN 2,598.90 dd 06/21/02 STEFFEN, SCOTT 203.83 dd 06/21/02 STOCKTON, DERRELL 2,202.09 dd 06/21/02 SZCZEPANSKI, THOMAS 2,223.68 dd 06/21/02 TRAN, JOSEPH 1 dd 06/21/02 WATCZAK, LAURA 2,221.91 dd 06/21/02 WENZEL, JAY 1,992.73 dd 06/21/02 XIONG, KAO 1 dd 06/21/02 BARTZ, PAUL 2 dd 06/21/02 BERGERON, JOSEPH 3 dd 06/21/02 CROTTY, KERRY 2,202.34 dd 06/21/02 DUNN, ALICE 2,249.17 dd 06/21/02 ERICKSON, VIRGINIA 2400.38 dd 06/21/02 EVERSON, PAUL 1 dd 06/21/02 FLOR, TIMOTHY 2,382.97 dd 06/21 /02 FRASER, JOHN 2 dd 06/21/02 HALWEG, JODI 1 dd 06/21/02 MORNING, TIMOTHY 1 dd 06/21/02 PARSONS, KURT 1 dd 06/21/02 ROSSMAN, DAVID 2,372.94 dd 06/21/02 THIENES, PAUL 2 dd 06/21/02 GERVAIS -JR, CLARENCE 2,289.90 dd 06/21/02 BOYER, SCOTT 1 dd 06/21/02 FEHR, JOSEPH 1 dd 06/21/02 FLAUGHER, JAYME 1 dd 06/21/02 LAFFERTY, WALTER 1 dd 06/21/02 LINK, BRYAN 1, 62 8.6 8 dd 06/21/02 PACOLT, MARSHA 1,849.06 dd 06/2 1 /02 RABINE, JANET 1 dd 06/21/02 SCHREIER, JENNIFER 43 5.3 3 dd 06/21/02 STAHNKE, JULIE 1 5.5 8 dd 06/21/02 LUKIN, STEVEN 2,894.71 10 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 11 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/21/02 SVENDSEN, RUSTIN 2,311.32 dd 06/21/02 ZWIEG, SUSAN 1 dd 06/21/02 DOLLERSCHELL, ROBERT 260.67 dd 06/21/02 AHL, R. CHARLES 3,655.26 dd 06/21/02 NIVEN, AMY 923.32 dd 06/21/02 PRIEFER, WILLIAM 2,152.74 dd 06/21/02 WEGWERTH, JUDITH 1,641.39 dd 06/21/02 BRINK, TROY 1,316.74 dd 06/21/02 DEBILZAN, THOMAS 1 dd 06/21/02 EDGE, DOUGLAS 1,643.34 dd 06/21/02 KANE, MICHAEL 2 dd 06/21/02 LUNDSTEN, LANCE 2,706.02 dd 06/21/02 LUTZ, DAVID 1 dd 06/21/02 MEYER, GERALD 1 dd 06/21/02 NAGEL, BRYAN 1 dd 06/21 /02 OSWALD, ERICK 1 5 711.38 dd 06/21/02 TEVLIN, TODD 1,375.55 dd 06/21/02 BOHMBACH, JOSHUA 1,120.28 dd 06/21/02 CAVETT, CHRISTOPHER 2,828.79 dd 06/21/02 DUCHARME, JOHN 2,003.14 dd 06/21/02 LINDBLOM, RANDAL 203.61 dd 06/21/02 PECK, DENNIS 2 dd 06/21/02 PRIEBE, WILLIAM 2,256.90 dd 06/21/02 SCHACHT, ERIN 2 dd 06/21/02 ANDERSON, BRUCE 3,367.69 dd 06/21/02 DOHERTY, KATHLEEN 1 dd 06/21/02 BORGLUM, DUSTIN 726.00 dd 06/21/02 FINNEGAN, TIMOTHY 704.00 dd 06/21/02 LUND, ERIC 720.00 dd 06/21/02 MARUSKA, MARK 2,341.54 dd 06/21/02 NAUGHTON, JOHN 1, 3 79.94 dd 06/21/02 SCHINDELDECKER, JAMES 1,670.34 dd 06/21/02 BIESANZ, OAKLEY 1,139.15 dd 06/21/02 GREW- HAYMAN, JANET 1,191.01 dd 06/21 /02 HUTCHINSON, ANN 1,921.54 dd 06/21 /02 KOS, HEATHER 377.00 dd 06/21/02 NELSON, JEAN 967.89 dd 06/21/02 GAYNOR, VIRGINIA 2,137.02 dd 06/21/02 COLEMAN, MELINDA 3,575.34 dd 06/21/02 EKSTRAND, THOMAS 2,3 88.78 dd 06/21/02 KROLL, LISA 940.75 dd 06/21/02 LIVINGSTON, JOYCE 894.20 dd 06/21/02 SINDT, ANDREA 1,331.94 dd 06/21/02 THOMPSON DEBRA 584.94 dd 06/21/02 YOUNG, TAMELA 1,175.94 dd 06/21/02 B ERGO, CHAD 1 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 12 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/21/02 FINWALL, SHANN L887.46 dd 06/21/02 ROBERTS, KENNETH 2 dd 06/21/02 CARVER, NICHOLAS 2,274.34 dd 06/21/02 FISHER, DAVID 2,608.78 dd 06/21/02 SWAN, DAVID 880.00 dd 06/21/02 ANZALDI, MANDY 668.50 dd 06/21/02 BJORK, BRANDON 340.88 dd 06/21/02 FINN, GREGORY 1, 693.74 dd 06/21/02 GRAF, MICHAEL 1 dd 06/21/02 KELLY, LISA 1,371.31 dd 06/21/02 LARSON, MEGAN 700.00 dd 06/21/02 ROBBINS, AUDRA 1,572.74 dd 06/21/02 TAUBMAN, DOUGLAS 2 dd 06/21/02 BREHEIM, ROGER 1,683.14 dd 06/21/02 NORDQUIST, RICHARD 1,847.30 dd 06/21/02 SCHULTZ, SCOTT 1,696.50 dd 06/21/02 CROSSON, LINDA 2,046.34 dd 06/21/02 EASTMAN, THOMAS 2,277.54 dd 06/21/02 ERICKSON, KYLE 695.67 dd 06/21/02 HABLE, NATASHA 210.00 dd 06/21/02 HERSOM, HEIDI 1,616.37 dd 06/21/02 LARSON, DEBRA 395.00 dd 06/21/02 MCCLUNG, HEATHER 715.07 dd 06/21/02 ROA, MILTON 493.00 dd 06/21/02 STAPLES, PAULINE 2,565.11 dd 06/21/02 ABRAHAMSON, REBECCA 355.74 dd 06/21/02 AHL, KAREN 138.13 dd 06/21/02 ATKINS, KATHERINE 256.36 dd 06/21/02 BADEN, ALISON 271.56 dd 06/21/02 CORNER, AMY 104.00 dd 06/21/02 DEGRAW, KRYSTAL 428.49 dd 06/21/02 DOTY, JANET 215.78 dd 06/21/02 HORWATH, RONALD 1,499.14 dd 06/21/02 IRISH, KARL 70.22 dd 06/21/02 KOEHNEN, AMY 118.80 dd 06/21/02 KRONHOLM, KATHRYN 496.97 dd 06/21/02 LAWSON, JOSHUA 29.25 dd _ 06/21/02 SCHAEFER, ROB 106.18 dd 06/21/02 SCHULTZ, PETER 68.25 dd 06/21/02 SIMONSON, JUSTIN 589.18 dd 06/21/02 WHITE, NICOLE 54.80 dd 06/21/02 WORWA, LINDSAY 468.43 dd 06/21/02 GROPPOLI, LINDA 274.28 dd 06/21/02 RENSLOW, RITA 240.50 dd 06/21/02 LONETTI, JAMES 825.23 dd 06/21/02 PRINS, KELLY 760.21 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD �iE�3 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 06/21/02 REILLY, MICHAEL L314.34 dd 06/21/02 SARPONG, SEAN 151.65 dd 06/21/02 AICHELE, CRAIG 1 dd 06/21/02 FOWLDS, MYCHAL 1,582.08 dd 06/21/02 HURLEY, STEPHEN 2,509.08 wf 89294 06/21/02 CARDINAL, ROBERT 406.20 wf 89295 06/21 /02 WASILUK, JULIE 357.47 wf 89296 06/21/02 INGVOLDSTAD, CURTIS 96.88 wf 89297 06/21/02 JAHN, DAVID 1 wf 89298 06/21/02 MORIN, TROY 212.50 wf 89299 06/21/02 GENNOW, PAMELA 217.50 wf 89300 06/21/02 MATHEYS, ALANA 1 wf 89301 06/21/02 HANSEN, LORI 1,464.74 wf 89302 06/21/02 VIETOR, LORRAINE 1 wf 89303 06/21/02 PALANK, MARY 1 wf 89304 06/21/02 RICHIE, CAROLE 1,544.68 wf 89305 06/21/02 SVENDSEN, JOANNE 1,640.74 wf 89306 06/21/02 TICHY, PAMELA 42.00 wf 89307 06/21/02 BIERDEMAN, BRIAN 1,387.51 wf 89308 06/21 /02 STEINER, JOSEPH 680.63 wf 89309 06/21/02 WELCHLIN, CABOT 2,202.09 wf 89310 06/21/02 SHORTREED, MICHAEL 3,032.03 wf 89311 06/21/02 HINES, TABITHA 158.30 wf 89312 06/21/02 CUDE, LARRY 418.59 wf 89313 06/21/02 FREBERG, RONALD 1,994.40 wf 89314 06/21/02 JONES, DONALD 1,607.14 wf 89315 06/21/02 ELIAS, JAMES 2,498.72 wf 89316 06/21/02 GROVER, CAROLYN 1,216.50 wf 89317 06/21/02 JAROSCH, JONATHAN 876.13 wf 89318 06/21/02 CARVER, JUSTIN 280.00 wf 89319 06/21/02 EDSON, DAVID 1 wf 89320 06/21/02 GOODRICH, CHAD 351.63 wf 89321 06/21/02 HELEY, ROLAND 1,699.14 wf 89322 06/21/02 HINNENKAMP, GARY 1,678.98 wf 89323 06/21/02 LINDORFF, DENNIS 1,670.34 wf 89324 06/21/02 NAUGHTON, RYAN 340.00 wf 89325 06/21/02 NOVAK, MICHAEL 1,658.02 wf 89326 06/21/02 POSSERT, RYAN 480.00 wf 89327 06/21/02 BERGREN, KIRSTEN 55.00 wf 89328 06/21/02 GERNES, CAROLE 5 09.3 8 wf 89329 06/21/02 SOUTTER, CHRISTINE 337.51 wf 89330 06/21/02 WORDEN, KRISTEN 184.00 wf 89331 06/21/02 BUNCE, LARRY 1,738.82 wf 89332 06/21/02 WENGER, ROBERT 2,187.14 wf 89333 06/21/02 BALLESTRAZZE, THAD 207.00 wf 89334 06/21/02 BUSMAN, CHRISTINA 379.50 �iE�3 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 89335 06/21/02 DEGREE, AMANDA 415.50 wf 89336 06/21/02 DIPPONG, ANN 432.25 wf 89337 06/21/02 FRANK, LAURA 369.00 wf 89338 06/21 /02 FREYBERGER, RACHEL 168.75 wf 89339 06/21/02 GEBHARD, JILLIAN 511.88 wf 89340 06/21/02 GYSBERS, HEATHER 546.25 wf 89341 06/21/02 OHLHAUSER, MEGHAN 505.31 wf 89342 06/21/02 SHADE II, JOHN 124.00 wf 89343 06/21/02 SHERRILL, MASON 80.00 wf 89344 06/21/02 SHOBERG, KARI 24.38 wf 89345 06/21/02 WERNER, KATIE 66.00 wf 89346 06/21/02 GERMAIN, DAVID 1,683.14 wf 89347 06/21/02 HAAG, MARK 1 wf 89348 06/21/02 NADEAU, EDWARD 2,341.54 wf 89349 06/21/02 GLASS, JEAN 1 wf 89350 06/21/02 HOIUM, SHEILA 953.77 wf 89351 06/21/02 MOY, PAMELA 330.69 wf 89352 06/21/02 PARTLOW, JOSHUA 140.60 wf 89353 06/21/02 RIDLEHOOVER, KATE 147.25 wf 89354 06/21/02 SANTIAGO -SOLA, JESSICA 217.60 wf 89355 06/21/02 SCHMIDT, RUSSELL 1 wf 89356 06/21/02 SHOBERG, GARY 594.11 wf 89357 06/21/02 STANSELL, DARYL 88.40 wf 89358 06/21/02 TOLBERT, FRANCINE 74.80 wf 89359 06/21/02 UNGER, MARGARET 729.84 wf 89360 06/21/02 VELASQUEZ, ANGELA 336.69 wf 89361 06/21/02 ANDERSON, CALEB 35.75 wf 89362 06/21/02 ANDERSON, JONI 96.61 wf 89363 06/21/02 BACHMAN, NICOLE 106.20 wf 89364 06/21/02 BACHMAN, TAMARA 19.5 0 wf 89365 06/21/02 BITTNER, KATIE 25.50 wf 89366 06/21/02 BJORAKER, JOHN 33.00 wf 89367 06/21/02 BRENEMAN, NEIL 75.35 wf 89368 06/21/02 CHAPMAN, JENNY 271.36 wf 89369 06/21/02 COSTA, JOSEPH 245.00 wf 89370 06/21/02 CRONIN, CHAD 23.85 wf 89371 06/21/02 DANICH, MARCUS 101.53 wf 89372 06/21/02 DIERICH, ANDREA 69.88 wf 89373 06/21/02 DUNK, RYAN 226.26 wf 89374 06/21/02 ESTES, KERI 325.69 wf 89375 06/21/02 FALKENSTEIN, MONICA 270.58 wf 89376 06/21/02 FIERRO WESTBERG, MELINDA 20.10 wf 89377 06/21 /02 FINNEGAN, KAREN 90.00 wf 89378 06/21/02 FONTAINE, KIM 42.90 wf 89379 06/21 /02 FRETZ, SARAH 614.76 wf 89380 06/21/02 FUITH, RYAN 89.25 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 89381 06/21/02 GREENWALT, SARAH 60.53 wf 89382 06/21 /02 GRUENHAGEN, LINDA 170.80 wf 89383 06/21/02 GUZIK, JENNIFER 151.13 wf 89384 06/21/02 HAGSTROM, LINDSEY 85.00 wf 89385 06/21/02 HAWKE, ASHLEY 26.00 wf 89386 06/21/02 HEINN, REBECCA 558.01 wf 89387 06/21/02 HOLMGREN, LEAH 450.17 wf 89388 06/21/02 HOULE, DENISE 124.80 wf 89389 06/21/02 HUPPERT, ERIN 370.15 wf 89390 06/21/02 JOHNSON, ROBERT 610.75 wf 89391 06/21/02 JOHNSON, ROLLAND 36.25 wf 89392 06/21/02 JOHNSON, STETSON 288.60 wf 89393 06/21/02 JOYER, MARTI 86.13 wf 89394 06/21/02 KERSCHNER, JOLENE 481.51 wf 89395 06/21/02 KILGORE, MARGO 108.00 wf 89396 06/21/02 KOEHNEN, MARY 567.19 wf 89397 06/21/02 LINDSTROM, AMANDA 45.50 wf 89398 06/21/02 MCMAHON, MELISSA 20.70 wf 89399 06/21/02 MELCHER, ROBERT 14.63 wf 89400 06/21/02 MILLS, ANNE 9.75 wf 89401 06/21/02 MISEMER, BENJAMIN 42.25 wf 89402 06/21/02 MOSSONG, ANDREA 442.42 wf 89403 06/21/02 NELSON, NICHOLAS 45.85 wf 89404 06/21/02 O'REAGAN, CHRISTINE 50.00 wf 89405 06/21/02 OLSON, ABIGAIL 143.85 wf 89406 06/21/02 OLSON, MARGRET 172.25 wf 89407 06/21/02 PEHOSKI, JOEL 225.90 wf 89408 06/21/02 POWERS, JESSICA 337.56 wf 89409 06/21/02 PROESCH, ANDY 94.98 wf 89410 06/21/02 QUISTAD, ELISABETH 174.23 wf 89411 06/21/02 RENSTROM, KEVIN 181.76 wf 89412 06/21/02 RODEN, JASON 15.75 wf 89413 06/21/02 SMITLEY, SHARON 235.40 wf 89414 06/21/02 TUPY, MARCUS 234.40 wf 89415 06/21/02 WAGNER, ERIC 150.00 wf 89416 06/21/02 WARNER, CAROLYN 132.40 wf 89417 06/21/02 WEDES, CARYL 145.95 wf 89418 06/21/02 WELTER, ELIZABETH 160.18 wf 89419 06/21/02 WHITE, TIMOTHY 338.10 wf 89420 06/21/02 WILHELM, MELISSA 39.64 Wf 89421 06/21/02 WOODMAN, ALICE 65.68 wf 89422 06/21/02 ZIELINSKI, JENNIFER 281.48 wf 89423 06/21/02 BOSLEY, CAROL 133.40 wf 89424 06/21/02 BREITBACH, GARY 525.00 wf 89425 06/21/02 ERVIN, EMILY 33.00 wf 89426 06/21/02 ESALA, HOPE 24.00 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 89427 06/21/02 EVEGAN, LAVITTA 81.00 wf 89428 06/21/02 GLASS, GILLIAN 369.19 wf 89429 06/21/02 HANSEN, ANNA 68.40 wf 89430 06/21/02 HUPPERT, ERICA 146.53 wf 89431 06/21/02 KURKOSKI, STEPHANIE 42.00 wf 89432 06/21/02 SCHROEDER, KATHLEEN 292.95 wf 89433 06/21/02 SHERRILL, CAITLIN 102.75 wf 89434 06/21/02 VAN HALE, PAULA 21.00 wf 89435 06/21/02 ANDERSON, LINDSEY 165.00 wf 89436 06/21/02 BEHAN, JAMES 1 wf 89437 06/21/02 COLLINS, ASHLEY 44.45 wf 89438 06/21/02 CRAWFORD - JR, RAYMOND 38.10 wf 89439 06/21/02 DOUGLASS, TOM 837.71 wf 89440 06/21/02 ECKER, JOHN 88.90 wf 89441 06/21/02 HEGG, MICHELLE 108.08 wf 89442 06/21/02 KOSKI, JOHN 1,216.34 wf 89443 06/21/02 KYRK, ASHLEY 108.75 wf 89444 06/21/02 PATTERSON, ALBERT 996.83 wf 89445 06/21/02 PETERSON, LYNDSAY 42.60 wf 89446 06/21/02 RISTOW, JONATHAN 90.35 wf 89447 06/21/02 SCHMIDT, WILLIAM 341.05 wf 89448 06/21/02 SCHULZE, BRIAN 186.30 wf 89449 06/21/02 SEVERSON, HOLLY 150.15 wf 89450 06/21/02 YOUNG, MATTHEW 76.20 wf 89451 06/21/02 ZIEMER, NICOLE 170.30 wf 89452 06/21/02 MULVANEY, DENNIS 1,913.20 wf 89453 06/21/02 PRIEM, STEVEN 1,726.50 386,393.30 16 o AGENDA REPORT Action byCouncil . Date - To: City Manager Richard Fursman Endor' ed From: Chief Donald Winger Modified ---� - Subject: Donation - Landfall Cops `n Kids Fishing Clinic Rejected - Date: June 28, 2002 Intrnrltintinn The Maplewood Police Department has received a $100 check from Saturn of Saint Paul, which was a donation to the Landfall Cops `n Kids Fishing Clinic. City Council approval is required to accept this donation. Background On June 8, 2002, the Maplewood Police Department, in conjunction with the City of Landfall, held its annual Landfall Cops `n Kids Fishing Clinic. Children and parents from Landfall were invited to participate in a morning of fishing with officers of the Maplewood Police Department and given lunch and door prizes. Several people attended this year's event. Saturn of Saint Paul contributed $100 to the Maplewood Police Department to assist with the costs of the fishing clinic. -- Recommendation It is recommended that Council approval be given to accept this donation from Saturn of Saint Paul and that the necessary budget adjustments be made so that the donation helps to defray the costs of conducting the fishing clinic. Action Requi red Submit to the City Council for review and approval. DSW: js AGENDA ITEM AGENDA REPORT O. Richard Fursman, , City Manager tndovsed FROM: Charles Ahl D' irector of Public Works /City Engin g.. . ... DATE: July 1, 2002 SUBJECT: Mall Area Traffic Study, City Project No. 01 -11: Resolution Approving Cost Share Agreement with Minnesota Department of Transportation Introduction During 2001, the city council authorized a joint study with MnDOT, Ramsey County and the City of Maplewood of the traffic around the Maplewood Mall. Commitments were given by MnDOT and Ramsey County to pay 1/3 each of the $48,993 study. Due to issues with consultant contracts at the State of Minnesota, the final processing of payment for the MnDOT share has been delayed. MnDOT is asking for a resolution of the city council requesting the funds. Approval is recommended. Background The attached resolution requests MnDOT to approve the consultant agreement with U RS Corp. on the traffic study and requesting that MnDOT pay $16,331 to the city as the administrator of this study. There does not appear to be any issues or problems with approval of this resolution. Recommendation It is recommended that the city council approve the resolution with MnDOT requesting their participation in the Mall Area Comprehensive Traffic Study at $16,331. RCA jw Attachment: Resolution RESOLUTION. REQUESTING THE MINNESOTA DEPARMENT OF TRANSPORTATION JOINT PARTICIPATION IN TRAFFIC STUDY CITY PROJECT 01 -11 WHEREAS, the Maplewood City Council has established resolution of the traffic problems in the area of Maplewood Mall as a top priority goal for the community, and WHEREAS, the roadway systems in the area of Maplewood Mall are under various jurisdictions, including MnDOT, Ramsey County and the Cities of Maplewood, North St. Paul, White Bear Lake and Vadnais Heights, and WHEREAS, a comprehensive study of the traffic patterns within the area will develop solutions that will benefit all area roadways, and WHEREAS, URS Corporation indicated that the cost of conducting a traffic study of the Maplewood Mall area would cost $48,993. THAT: NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL 1. The Minnesota Department of Transportation is hereby requested to participate in one -third (1/3) of the project cost or $16,331. 2. The Maplewood City Engineer will be the Project Manager and Administrator of the overall project. 3. All funds received from MnDOT and Ramsey County shall be directed to pay the costs of the consultant work on the study. Approved this eighth (8"') day of July, 2002. Agenda Item MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cler DATE: July 1, 2002 RE: On -Sale 3.2 Malt Liquor (Beer) License Approval Introduction Acdon by Council Date Endorsed Modified -�: , ..�...� Rejected Duke Kim has applied for an on -sale 3.2 malt liquor license for Duc's Restaurant, 705 Century Avenue North. Mr. Kim has been the owner /operator of the restaurant since January 1, 1996 and has been in good standing with the City. BackLyround Mr. Kim has completed the 3.2 Malt Liquor License and has attested to its accuracy. Consulting with Deputy Chief Thomalla, the Police Department does not do background investigations on 3.2 malt liquor license and the City code of ordinances does not require a background investigation. The license application (attached) requires a notarized signature and the application states that failure to disclose any requested information may result in an immediate denial of the license. Recommendation It is recommended that the City Council grant approval of the on -sale 3.2 malt liquor license application. Applicant has been requested to be present. w Application for License - 2002 A :. City of Maplewood - 1830,...East Count Road - y Maplewood, MN 5 5109 3.2 MALT LIIQUOR License year, January 1— December 31 License fee: $199.00 on -sale; $52.00 off - sale,.... License Information Type of License (please check appropriate type): 1) wholesale retail 2) - 3.2 malt liquor on -sale 3.2 malt liquor off -sale_ Business Information Business Name - Trade Name to be Used Business Phone Business Address Legal description of the land upon which the building is located: Is the establishment located near an academy, college, universi , church, de or hi school? ty, h, gm high State approximate distance of the establishment from such school or church Do you intend to permit dancing? Yes No If answer is "Yes" have. you applied for a tavern license? Yes No ' Primary /Acting Manager Information Name Home Address�.�Q -' Phone t - 4 7 -: h�t Are you a citizen of the United States? Yes No If a naturalized citizen, where and when did you receive our citizenship papers? Y PPa P Tr Date of Birth /V Birthplace Have you ever been convicted of a feiony or misdemeanor violation of an federal or state statute traffic offenses? Yes . No Y tute or local ordinance, other than .If you checked "Yes ", attach a separate i page, ; giving, the followin - informatio g g :. � g. - for -each convection: 1) charge or offense, 2) date .of arrest, 3) arresting agency, 4) date of conviction,_. 5)� court name and location, 6) sentence. Has a License to sell 3.2 malt liquors been issued -to you prior to this date? Y r Yes No If "'Yes", at what address? . Owner Information (In the event that a corporation or partnership is the owner of the establishment, then the licenses shall be issued to the primary and acting manager of the establishment and the designated corporate officer or in the case of a partnership a designated partner.) Name ,$ - Title (individual owner, officer or partner) Home Address Zf;�.� _. If owner is a corporation or business, list address of principal place of business in Minnesota 0 A,14� 40 4 r Phone del Are you a citizen of the United . _ :.� - Y States? Yes ., No If a naturalized citizen, where and when did you receive your citizenship papers? Date of Birth d Birth lace pc Have you ever been convicted of a felony or misdemeanor violation of any federal or state statute or local ordinance, other than traffic offenses? Yes No If you checked `Yes ", attach a separate page, giving the following information for each conviction: 1 charge or offense 2 of arrest arrest 3 in a ) g )date g agency, 4) date of conviction, 5) court name and location, 6) sentence. Has a License to sell. 3.2 malt liquors been issued to you prior to this date? If `Yes ", at what address? Yes No Failure to disclose any of the above requested information may result in an immediate denial of your license application. , Applicant(s) states that the above statements are true and correct. Applicant(s) further state that he /she is not now the holder of, nor has he /she made application for, nor does he /she intend to make application for a Federal Retail' Dealer's Special tax stamp for the same intoxicating liquor. Sig6tfure of Primary /Acting Manager Subscribed and' sworn to before me this day °f _ Z0 0 2,1 -00II AL Ak DEB0RAKJ Noramr PuesoTn Gon.R cxpr.�JIM 3,. zoos IWIWIWVWVIWV ■ Signature of Owner Subscribed and sworn to before me this day of ^ ' � � Z C� L J-11( A4114 CIL NOTA DEBORAH J. JURISCH • PUSUCAWINNEs � C aWL E *k 6 sJm1.31, 2005 ■ All information included and/or attached to this application is public.- Agenda Item MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: July 1, 2002 RE: On -Sale 3.2 Malt Liquor (Beer) License Approval Introduction Acdo t by Cou - Date Endorsed Modified RojecMd ..� Jeanne Thai Hoang, applied for an on -sale 3.2 malt liquor license for Vietnam Restaurant, 3035 White Bear Avenue. City records indicate that the Vietnam. Restaurant has been in existence for many years. Ms. Hoang became the new owner on May 26, 2001. In December of 2001, Ms. Hoang applied for an on -sale 3.2 malt liquor license. The City licensing clerk, being new in the position and learning a new computer system while generating over 900 licenses, inadvertently issued the license. When she was asked to put Duc's Restaurant on the Council Agenda she recalled that she had issued a license for the Vietnam Restaurant stating that she did not think that it required Council approval. On the application, in the section "Office Use Only" a check off line has been added to include the date when Council approved the license to prevent this incident from happening in the future. Background Ms. Hoang has completed the 3.2 Malt Liquor License and has attested to its accuracy. Consulting with Deputy Chief Thomalla, the Police Department does not do background investigations on 3.2 malt liquor license and the City code of ordinances does not require a background investigation. The license application (attached) requires a notarized signature and the application states that failure to disclose any requested information may result in an immediate denial of the license. Recommendation It is recommended that the City Council grant approval of the on -sale 3.2 malt liquor license application. Applicant has been requested to be present. Application for License - 2002 i City of Maplewood - 1830 East County Road B - Maplewood, MN 55109 3.2 MALT LIQUOR License year: January 1— December 31 License fee: $199.00 on -sale; $52.00 off -sale License Information Type of License (please check appropriate type): 1) wholesale retail_ 2) 3.2 malt liquor on -sale X 3.2 malt liquor off - sale_____ Business. Information Business Name El lU 1\ M I �, s � Trade Name to be Used Business Phone ( 51 1 _T'� 9 U L , 3 Business Address 3�3 9 "vV H ITS &t�;({i� RV MAPlL WCO D MN S�; tQq Legal description of the land upon which the building is located: Is the establishment located near an academy, college, university, church, grade or high school? State approximate distance of the establishment from such school or church Do you intend to permit dancing? Yes No If answer is "Yes" have you applied for a tavern license? Yes No Primary/Acting Manager Information Name UEANiQ E Tt-lAt H 0A� (T Home ��S ���q� �v- - th ,����� :Sou.. i� ��N�vE�Pa��s� , N�t� 5s<4ot,_:?_,t2q t-J it - Phone (? ) " Are you a citizen of the United States? Yes ? No If a naturalized citizen, where and when did you receive your citizenship papers? NEAPCXA S., M N Date of Birth APPI L 2,2- , t Birthplace V I0 ti AM Have you ever been convicted of a felony or misdemeanor violation of any federal or state statute or local ordinance, other than traffic offenses? Yes No If you checked "Yes ", attach a separate page, giving the following information for each conviction: 1 charge or offense 2 date of arrest, 3) arresting agency, 4) date of conviction, 5) court name and location, 6) sentence. Has a License to sell 3.2 malt liquors been issued to you prior to this date? Yes No. If "Yes ", at what address? Owner Information (In the event that a corporation or partnership is the owner of the establishment, then the licenses shall be issued to the primary and acting manager of the establishment and the designated corporate officer or in the case of a partnership a designated partner.) Name . CPcN H WNm V'C Title Home Address � �'�zU M (individual owner, officer or partner) If owner is a corporation or business, list address of principal place of business in Minnesota Phone .Z - 4 24 " � 3 Are ou a citizen itizcn •f the United States? Yes No If a naturalized citizen, where and when did you receive your citizenship papers? "� � r 1' Date of B firth 6\3'" ..Bfirth lace �- \k � M Kt\X Have you ever been convicted of a felony or misdemeanor violation of an federal or state statute or local ordinance, tra ffic o ffense s ? Y nance, other than t ra _..� . Q_.:.�_� Qs . VAS. If you checked "Yes ", attach a separate. page, giving the following information for each conviction: 1) charge or offense 2 date of arrest, 3) arresting agency, 4) date of conviction, 5) court ' name and location, 6 sentence. Has a License to sell 3.2 malt liquors been issued to you prior to this date? Yes No If "Yes ", at what address? Failure to disclose any of the above requested information may result in an immediate denial of your license application. Applicant(s) states that the above statements are true and correct. Applicant(s) further state that he /she is not now the holder of, nor has he /she made application for, nor does he /she intend to make application for a Federal Retail Dealer's Special tag stamp for the same intoxicating liquor. Signature ofPrimarylA. Manager Subs A*d and sworn to before a this day of NOTARY PUBLIC MINNESOTA My COMMISSION EXPIPFS 4r JANUARY art .. �op� . Subscribed and sworn to before me this day of Signature of Owner All information included and /or attached to this application is public. G� To: Mayor and City Council From: Richard Fursman Date: 7/8/2002 Re: City Visioning Meeting Action by Council I I Date Endorsed Modified Rejected The Council has taken action to continue the Visioning meeting on July 30, 2002 in the afternoon. The following itinerary is for council consideration: T ime: Noon Place: Tartan Park End:: Approximately 4:30 Agenda: Attached Recommendation: Approve itinerary for visioning meeting. 1 City of Maplewood: Developing a Practical Vision for the City of Maplewood r < City Leadership Meeting Objectives: 1) The Status: Review assessment discussion about the city- -its trends, assets, and challenges 2) The Ends: Identify the long term practical vision to guide city development and growth 3) The Means: Discus's the short-term milestones and action implications Agenda: 12:00 Lunch 1:00 Introduction: What is the background and intent of the meeting? • Welcome and meeting purpose • Participant introductions • Agenda overview • Review of the status discussion of June 13, 2002 Past: What do we consider some major accomplishments and setbacks in the past 5 -10 years? Present: What str naths, advantages, and momentum have we built? What are current weaknesses or key challenges? Future: What are internal /external threats and opportunities to continued City vitality? 1 :45 The Ends: Practical Vision: What do we hope to have in place in 5 -10 gars • Review of current recommended goals from the 2002 leadership meeting • Video presentation about the importance of visioning. • Small group brainstorming • Large group consensus on key elements of the practical vision 2:30 Break The Means: The Implications for Action: What'are guidelines or advice for using and/or implementing the vision? • Advice for implementation -short term goals and strategies • Determine the use /role of the Practical Vision in City development and planning • Identify new steps to assure effective follow -up work 4:30 Adjournment �anN�nntx v To: Mayor and City Council Action b Council From: Richard Fursman Date Date: 7/ 8/ 2002 End orsed Modified Re: Continue Centex /Hillcrest Redevelopment to July 2' q d- Representatives from Centex have indicated they will not be available to make their presentation until July 22, 2002 Recommendation: Continue Centex /Hillcrest Area Redevelopment agenda item to July 22, 2002. 1 Agenda Item MEMORANDUM TO: Richard Fursman, City Manager FROM: Police Chief Winger DATE: July 6, 2002 RE: Donation to Police Department The Police Department has received a donation of two vehicles from Maplewood Toyota. The vehicles will be used for the purpose of auto -theft prevention by the installation of covert alarm systems. The approximate value of both of the vehicles is $2,500. It is requested that approval be given to accept the donation from Maplewood p p Toyota and to transfer the title and registration of the vehicles to the City. Agenda# 41 REPORT SUMMARY Anion by C oum n D Endorsed M odified R e j e c r e d Gum -4 Applicant: Site Address: Zoning: Land Use: City Council Hearing Date: 60 -Day Deadline: Sinclair Oil Corporation 223 Larpenteur Avenue East Business Commercial Limited Business Commercial July 8 2002 July 22 2002 Project Description: Sinclair Oil Corporation is r p proposing to expand and remodel the Sinclair Gas Station located at 223 Lar en p teur Avenue. The expansion includes a 290- square -foot addition to the convenience store, refacing of the convenience store, and construction of a 50-foot t x 56 foot fuel canopy. Request: The project requires a conditional use e p rmit to operate a motor fuel station within the business commercial, BC zoning district ' g ct and design review. Recommendations: Staff recommends approval of conditional pp the conditional use permit and design review. On June 17, 2002, the lannin co mmiss i on p g ommission unanimously recommended approval of Sinclair's conditional use ermit to - � p operate a motor fuels stat within the BC zoning district. On June 24 2002, the community design board oard unanimously recommended approval ' pp oval of the design review of Sinclair's expansion and remodeling. g MEMORANDUM TO: City Manager FROM: Shann Finwall, Associate Planner SUBJECT: Sinclair Gas Station Conditional Use Permit and Design Review APPLICANT: Sinclair Oil Corporation LOCATION: 223 Larpenteur Avenue East DATE: June 26, 2002 INTRODUCTION Project Description Sinclair Oil Corporation is proposing to expand and remodel the Sinclair Gas Station located at 223 Larpenteur Avenue East. The expansion includes a 290 - square =foot addition to the Convenience store, refacing of the convenience store, and construction of a 50 -foot x 56 -foot, 2,800- square -foot fuel island canopy. The six existing fuel dispensers will be replaced with four new pumps. These fuel. pumps will have two vehicle fueling stations each, for a total of eight, and will allow for payment at the pump. The proposed expansion a remodeling will be consistent with Sinclair's Rice Street gas station remodeling that was approved by the city council last October. Refer to Sinclair's letter on pages 10 and 11 and the maps on pages 12 through 20. Requests The applicant is requesting that the city approve the following: 1. A conditional use permit to operate a motor fuel station within the business commercial, BC, zoning district. 2.. Design review. DISCUSSION Existing Business Sinclair Gas Station was constructed in the late 1970s. The building is 1,641 square feet in area and houses a small convenience store and three automobile service bays. Budget Towing currently leases the site for their towing and tire operation. They also sell gasoline under the Sinclair name. Sinclair was constructed before the city's requirement that a conditional use permit be obtained for a motor fuel station within the business commercial zoning district. Because of the expansion of their facility, a conditional use permit for the motor fuel station is required. Staff finds that the expanded facility meets the nine requirements for a conditional use permit as specified in the resolution on pages 25 and 26. Hours of Operation The city code states that no motor fuel stations within 350 feet of a residential lot line shall be Operated between the hours of 11 p.m. and 6 a.m. Sinclair is located next to residential properties to the west that include three city -owned housing replacement lots on the corner of Larpenteur Avenue and Adolphus Street (see surrounding properties map on page 21). Budget Towing has been operating their business 24 hours a day for the past year. Once the remodeling and expansion of the motor fuel station is complete, Sinclair Oil Corporation proposes to comply with the city's required hours of operation and limit their business from 6 a.m. to 11 p.m. However, at the June 24, 2002, community design review board meeting, the hours of operation were briefly discussed. The Sinclair representative stated that because of the location of the gas station to Interstate 35E, Sinclair oil Corporation would be interested in allowing self - service, pay -at- the -pump fueling 24 hours a day._ The Rice Street Sinclair gas station is also. located next to residential properties. The conditional use permit for that gas station specified that pay -at- the -pump fueling be limited to the hours of 6 a.m. to 11 p.m. Staff recommends that the Larpenteur Avenue Sinclair gas station also comply with the city code and that pay -at- the -pump fueling be restricted to the hours of 6 a.m. to 11 p.m. At the June 17, 2002, planning commission meeting, the planning commission agreed and recommended approval of Sinclair's conditional use permit with the condition that the hours of operation be limited from 6 a.m. to 11 p.m., including pay- at -the- pump fueling. Building Design The three existing automobile service bays will be removed and a 290- square -foot addition will be constructed on the east side of the building. Interior of the building will include a convenience store, office, and restrooms. The existing roofline on the exterior of the building will be refaced with a new fascia system to create a flat -roof appearance. The new fascia will match the canopy design and will be white with a green stripe. Exterior building materials include stucco, brick, and windows. The brick currently located on the rear elevation 'of the building will be painted to match the new brick. At the June 24, 2002, community design review board meeting concern was expressed over the ability to match the old brick to the new. For this reason the community design review board recommended that the new brick located on the sides of the building wrap around the rear elevation by two feet on each side. Canopy Design The canopy will be 2,800 square feet in area and 19 feet in height, which is three feet higher than the building. This is similar to the new Rice Street Sinclair gas station canopy, which will be 2,700 square feet in area and 19 feet high, which is two feet higher than that building. Overhead canopies within a motor fuel station are required to be set back at least 15 feet from the street right -of -way. Sinclair's new canopy will be set back 15 feet from the Larpenteur Avenue right -of -way. The canopy fascia will match the new building fascia and will be white with a green strip. Four round steel columns will support the canopy. The columns will be painted white to match the underside of the canopy. The canopy fascia will be nonilluminated, but signage proposed for the canopy will be illuminated. This proposal does not include signage, which will require separate sign permits and must comply with the city's sign ordinance. Sinclair 2 June 26, 2002 Driveway Access There are two existing driveways located on Larpenteur Avenue. City code specifies that driveways must be set back at least 30 feet from intersecting rights -of -way. Sinclair's westerly driveway is approximately 18 feet from the intersecting Adolphus Street right -of -way. Chris Cavett, Assistant City Engineer, states in his review of the project on page 23 that the west driveway should be eliminated and a new driveway constructed on Adolphus Street. The driveway should be centered on the pump aisle, which is approximately 26 feet from the intersecting rights -of -way, and approximately 50 feet from the intersecting pavement of the roads. While the 26 -foot setback does not meet city code, the removal and relocation of the westerly driveway will create better traffic operations on the site and a safer traffic environment on the street. Dan Solar, County Traffic Engineer, also concurs with the proposed driveway elimination (see Mr. Solar's letter attached on page 24). Mr. Solar states that the west driveway is located too close to Adolphus Street, which hinders traffic exiting the gas station and traffic exiting Adolphus Street onto Larpenteur Avenue. Mr. Solar also recommends that the remaining driveway on Larpenteur Avenue be straightened. Currently the driveway angles from the site to the east (see the proposed driveways map on page 22). The driveway onto Adolphus Street may have an impact on the city -owned housing replacement lots located across the street. The ultimate scenario would be to line up the Sinclair driveway with a driveway into the redeveloped lots. Because there is no redevelopment plan in place, the city must ensure that any future driveway in the redevelopment lots line up with Sinclair's driveway or that appropriate screening be installed along Adolphus Street. Adolphus Street Right -of -Way Easement Currently the Adolphus Street right -of -way is only 30 feet wide at the Larpenteur Avenue intersection. In order to ensure that the city maintains the required 60 -foot -wide right -of -way in this area, staff recommends that a 15- foot -wide strip of land along the west side of Sinclair's site be dedicated as a right -of -way easement. Also, an additional 15 feet of right -of -way should be. obtained from the .city -owned housing replacement lot across the street at 215 Larpenteur Avenue when the lot is developed. Sinclair Oil Corporation is receptive to giving the city a right - of -way easement and has depicted that easement on their site plan on page 15. Parking Lot Vehicle Parking City code requires a motor fuel station to have at least four parking stalls, plus one stall per fuel pump. The parking stalls in front of the fuel pumps count toward the overall parking requirement. Sinclair Oil Corporation is proposing eight parking stalls in addition to the eight parking areas in front of each fuel pump. Parking Lot Setback The existing parking lot does not have curb and gutter and is constructed up to the Larpenteur Avenue right -of -way and approximately 12 feet at its closest point to Adolphus Street. City code requires that all parking lots have curb and gutter and be set back 15 feet from street rights-of- way. With the reconstruction of the parking lot, Sinclair is proposing curb and gutter as well as a 10 -foot setback to Larpenteur Avenue and a 20 -foot setback to Adolphus Street. Increasing the Sinclair 3 June 26, 2002 parking lot setback to the required 15 feet on Larpenteur Avenue is not possible because of limited space between the fuel island pumps and the new parking lot curb. The new 10 -foot parking lot setback to Larpenteur Avenue will create a more conforming parking lot. For this reason, and because the parking lot will be located 30 feet from the paved portion of Larpenteur Avenue, staff finds the 10 -foot pavement setback adequate. Landscaping Landscaping proposed for the site includes 10 evergreen trees and 52 shrubs. This plan is a : vast improvement over the current nonexistent landscaping of the site. However, in order to accommodate the new curb cut along Adolphus Street and ensure some screening from the existing and future residential properties to the west, staff recommends a revised landscape plan be submitted. The revised landscape plan should include moving the five scotch pines proposed on the west side of the site to the north side of the new driveway. These pine trees should be at least six - feet in height, as opposed to the proposed four -foot height. Also, with the removal of the west Larpenteur Avenue driveway, the landscaping proposed on the south side of the site should be expanded to the west property line. During the June 24, 2002, community design review board meeting two items of concern were expressed over the proposed landscape plan. First the Sinclair representative wanted to ensure that the five scotch pine trees proposed on the west side of the site did not block visibility onto Adolphus Street. Second the community design review board members wanted to ensure that the five scotch pine trees proposed on the southeast corner of the site did not block visibility onto Larpenteur Avenue. Staff will work with Sinclair Oil Corporation to ensure that visibility on these driveways is maintained. Lighting The lighting on the site is a particular concern due to the fact that there are residential properties to the west. The city's lighting ordinance states that exterior lights must not produce glare 'to adjacent residential properties, must not exceed 0.4 -foot candles at the property lines, canopy lights must be a flush -mount type fixtures, and the maximum height of parking lot lights is limited to 25 feet. Lighting proposed for the site includes 16 flush -mount canopy lights and two 16- foot -high parking lot lights. The photometric plan submitted shows the canopy light luminary exceeding the required .4- foot - candles at the Larpenteur Avenue property line. A revised photometric plan must be submitted which shows compliance with the city's lighting ordinance. Trash Enclosure To accommodate the addition, an existing fenced trash enclosure and shed will be removed from the east side of the. site. Sinclair proposes to construct a new trash enclosure constructed of six - foot -high chain link fence with white slats. Samples of the fence with slats should be submitted for staff approval in order to ensure that the fence is 100 percent opaque. Sinclair 4 June 26, 2002 COMMITTEE ACTIONS On June 17, 2002, the planning commission unanimously recommended approval of Sinclair's conditional use permit to operate a motor fuel station within the BC zoning district (see attached June 17, 2002, planning commission minutes). On June 24, 2002, the community design review board unanimously recommended approval of the design review of Sinclair's expansion and remodeling (see attached June 24, 2002, community design review board minutes). OTHER COMMENTS Chris Cavett, Assistant City Engineer. Mr. Cavett's review of the proposed grading and drainage plan for Sinclair's expansion and remodeling are outlined in the report on page 23. Staff recommends that all grading and drainage concerns as outlined in the report be addressed with the city engineering department prior to issuance of a building permit. Lieutenant John Banickr No public safety concerns. Dave Fisher, Building Official: Sinclair Oil Corporation must obtain two building permits, one for the canopy and one for the remodeling of the convenience store. Butch Gervais, Fire Marshal. Sinclair Oil Corporation must submit a letter with information on underground tanks including the age and installation date. The building appears to be under the allowable area for sprinkler requirements, but further information on building size will be needed. Historical Commission: Project is okay. . RECOMMENDATIONS 1. Adopt the resolution on pages 25 and 26 approving a conditional use permit to operate a motor fuel station within the business commercial, BC, zoning district for the Sinclair Gas Station located at 223 Larpenteur Avenue East. Approval is based on the findings required by ordinance and subject to the following conditions: a. The fuel station's hours of operation, including, pay -at- the -pump fueling, are limited to 6 a.m. to 11 p.m. b. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. C. All construction shall follow the site plan approved by the city including the removal of the westerly Larpenteur Avenue driveway and relocating the driveway onto Adolphus Street. The director of community development may approve minor changes. d. The proposed construction must be substantially started within one year of the city council's approval or the permit shall become null and void. The city council may extend this deadline for one year. e. The city council shall review this permit in one year. Sinclair 5 June 26, 2002 2. Approve the plans date - stamped May 10, May 16, and May 23, 2002, for the building addition, remodeling, and construction of a new canopy and fuel islands for the Sinclair Gas Station at 223 Larpenteur Avenue East. Approval is subject to the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a building permit: (1) A revised site plan showing: (a) Removal of the westerly driveway on Larpenteur Avenue and the replacement of all required curb and gutter along Larpenteur Avenue and the parking area. (b) At least a 24- foot -wide driveway entrance on Adolphus Street. The driveway must be centered on the fuel pump islands. _ (c) The easterly driveway on Larpenteur Avenue widened to 36 feet. Three lanes should be marked with paint and arrows to include an entrance lane, a left -turn exit lane, and a right -turn exit lane. (2) Revised grading, drainage, utility and erosion control plans. (3) A revised landscape plan showing the following: (a) Moving the five scotch pines proposed on the west side of the site to the north side of the new driveway. These pine trees should be at least six -feet in height, as opposed to the proposed four -foot height. (b) Expanding the landscaping proposed on the south side of the site to the west property line, due to the removal of the westerly Larpenteur Avenue driveway. (c) Landscaping as required by the city engineer within any required rain garden. (c) Installing in- ground sprinkler system for all landscaped areas. (d) Edging and mulching all planting beds. (4) Revised canopy elevations showing that the lights beneath the canopy are flush mount. The lenses of the lights must not drop below the opaque portions of each lighting figure. (5) A revised photometric plan showing that the site lighting complies with the city's lighting ordinance. (6) Trash enclosure fence sample must be submitted to staff to ensure the fence is 100 percent opaque. Sinclair 6 June 26, 2002 (7) Aright -of -way easement covering the westerly 15 feet of the site. The easement must be recorded with Ramsey County prior to issuance of a building permit. (8) Revised rear elevation showing that the new brick proposed for the sides of the building wrap around onto the back elevation by 2 feet on both sides. C. Complete the following before occupying the building: (1) Restore and sod damaged boulevards. (2) Install all pavement, curb, and gutter. (3) Install stop signs at both exits and ahandicap- parking sign for the handicap - parking stalls. (4) Widen the easterly Larpenteur Avenue driveway to 36 feet. Three lanes should be marked with paint and arrows to include an entrance lane, a left-turn exit lane, and aright -turn exit lane'. (5) Install the approved trash enclosure. (6) Install all required landscaping. d. If any required work is not done, the city may allow temporary occupancy if: (1) The city determines that the work is not essential to the public health, safety or welfare. (2) The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. (3) The city receives an agreement that will allow the city to complete any unfinished work. e. This approval does not include the signs. All proposed signs require a separate sign permit and must comply with the city's sign ordinance. f. All work shall follow the approved plans. The director of community development may approve minor changes. Sinclair 7 June 26, 2002 CITIZEN COMMENTS I surveyed all owners within 350 feet of this site. Of the 11 surveyed, one responded as follows: Alden Landreville of Champps Americana, 1734 Adolphus Street: "I feel it would be an asset to the area." Sinclair 8 June 26, 2002 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 43,246 square feet Existing Land Use: Motor Fuel Station/Towing and Tire Business SURROUNDING LAND USES North: Champps Americana Restaurant (zoned BC) West: Single Family Homes (City -Owned Housing Replacement Lots) (zoned R1) South: Drainage Area in St. Paul (Open Space) East: Interstate 35E PLANNING Existing Land Use Plan: Limited Business Commercial (LBC) Existing Zoning: Business Commercial (BC) CRITERIA FOR APPROVAL Section 36- 442(a) states that the city council may approve a CUP, based on nine standards. Refer to the findings in the resolution on pages 25 and 26. APPLICATION DATE We received the complete applications and plans for Sinclair's proposal on May 23, 2002. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, city action is required on this proposal by July 22, 2002. P :Sec18 /sinclair Attachments: 1. Sinclair Oil Corporation Letter Date - Stamped May 10, 2002 2. Location Map 3. Zoning Map 4. Land Use Map 5. Site Plan 6. Grading Plan 7. Landscape Plan 8. Existing Building Elevations 9. Proposed Building Elevations 10. Canopy Elevation 11. Surrounding Properties Map 12. Proposed Driveways Map 13. Assistant City Engineer Comments 14. County Traffic Engineer Comments 15. Conditional Use Permit Resolution 16. Separate Plans Date Stamped May 10, May 16, and May 23, 2002 Sinclair 9 June 26, 2002 Attachment 1 SIVC1,4,� City of Maplewood 1830 County Road "B" East Maplewood, Minnesota 55109 RE: Site Upgrade and Building Remodel 223 East Larpenteur Ave. Maplewood, MN. iwrww w�rr •w�w�wwr��n.�a�w+�.�rr� Sinclair Oil Corporation is making an application to the. City of Maplewood to continue operating a convenience store with gasoline facilities at 223 East Larpenteur Ave., Maplewood, MN. In general the plan involves a small expansion to the building, remodeling the building interior, changing the building exterior graphics and installing new gas dispensers under a new canopy. Existing site conditions and the proposed plans are indicated on the attached drawings. A convenience store with three, car, service bays currently exist at the site along with the gasoline fueling function. Sinclair Oil Corporation obtained this site in the late 1970's and has operated the gasoline and car service facilities since that time. The facility existed as a gasoline station prior to Sinclair purchasing the property. It was indicated to Sinclair that ten feet of additional Right -of -Way is desired along Adolphus Street. At this time Sinclair management takes no exception to a ten foot easement for Right - of -Way along Adolphus Street. On the Larpenteur Ave. property line, a curb and pavement exists up to and along the property line. The plan is proposing a ten foot pervious area onto the site between the entrances along Larpenteur Ave. With -this arrangement a through lane remains available to allow vehicles to freely move around the site. The plan also shows the existing shed, east of the building, to be removed. A trash enclosure is proposed to be installed in that same area. It is proposed to change the high rise sign from the Sinclair trapezoid to a r rectangular sign showing the Sinclair trapezoid logo on a green background. The proposed plan closes the service bays and expands the sales area of the convenience store. The basic use of the site remains unchanged and it is proposed to continue to operate as a convenience store with gasoline dispensing. It is Sinclair's opinion that the proposed project will not change the character of the surrounding area and it should not affect adjacent property values. This project will not change the requirements for public utilities and public services from what are in place today. 10 1001 E. CLIFF ROAD • SUITE 201 • BURNSVILLE, MINNESOTA 55337 (952) 736 -1100 Sinclair Oil Corporation asks for approval of the proposed plan as presented. The proposed plan represents a considerable investment and we plan to remain an active business in the community. If there are any questions, please call me at 952 736 1100 or on a cell phone at 612 791 8216. Thank you for your consideration and review of our proposed project. Sincerely, V Lawrence F. Feldsien, PE Engineer SINCLAIR OIL CORPORATION Application attached. 11. _.. Attachment W 3 12 u !I Attachment 3 \1 ZONING Light Manufacturing Heavy Manufacturing ® Neighborhood Commercial Commercial Office Limited Business Commercial ® Business Commercial Modified Business Commercial Shopping Center Small Lot Single Dwelling Residential Single Dwelling Residential Double Dwelling Residential High Multiple Dwelling Residential High Multiple Dwelling Residential Condo Planned Urban Development 30000 Residential Estate 40000 Residential Estate Farm r , 7 . oning lap 13 Attachment 4 U T T T 1� Air TARP FUR AVE F S E LAND USE � . Light Manufacturing Heavy Manufacturing ® Neighborhood Commercial Commercial Office MI N Limited Business Commercial Business Commercial Modified Business Commercial F ' Small Lot Single Dwelling Residential Single Dwelling Residential Double Dwelling Residential Low Multiple Dwelling Residential Medium Multiple Dwelling Residential High Multiple Dwelling Residential 30000 Residential Estate 40000 Residential Estate ® Park Open Space ® School ® City Government 5 , Library ® Cemetery Church Fire Station (___I ( Land Use Ma P 14 Attachments CHAMPPS .Spot -S gR'� - hCfl�6 EXISTING _ I ASPHALT X) CONCRETE CURB / % p' ` do GUTTER SOLIAR ({ REO'D) f SEE H /C -5 SEE TRASH ENCLOSURE t L / 1 ! } •T 1 I TRASH I if • f I l- EXISTING �T�EN - : t .� TRASH ENCLOSURE POWER )' / 1 / j ! r / l i I ' ' r , i ; ! ! ) '� -1 '�� ; APPROACH PAD r SEE C /C -4 POLE lr I` REMODELED r ) ',! l EXISTING CONCRETE ; , ! 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TYP, TO REMAIN N - f SEE SHEET C -2 SEE L/C-5 do A /TK -2 - _ SETBACK LINE T I I CONCRETE CURB ` SINCLAIR I r# GUTTER ; SEE H /C -5 b HIGHWAY SIGN ) r (R USE EXISTING POLE STRUCTURE, PROPERTY LINE n - - - - -- - - - - - -= � -- - - - - -= - - - - -_ = - }( SEE LANDSCAPING PLAN SHEET L -1 EXISTING CURB i Site Plan 15 Attachment 6 _— — __-- __ - - - -_\ :� �.. r - -.. - -- - - -.- -.- - - - --. ter- - -_ --- -- -- - --- — _ —- -- - - -- � I / — x SHED ,♦ r' /�� i��� � _ � / •�i I i 1 � 111 1 1 1 t 1 '� \ Y . 1 � /• ;. NJ / / BUILDING /! 97.7 (C�1E;K) u aj►� / ♦ /' f j 1 ► { j �1 ` ` r ♦' f PARigNG \ ♦ r 1 1 \ 700. % : / 1 ' `., \ '\ x r`. ; .' ♦ r loll IN till • � I;It , J � \ � \�• \ '�\ '• -._ _ ' -� O`er 1 I l 0 , —_ I I { i t ( o ` \ ti `• `' `�;.`�,,. ;; `• �. - -_ ._ —.. -- :,• `��` ----- - - - - -- -- - 1' - -- j III. ._ � _', \ '•. i ''•, ''. — �- - - - - -- -- -�• - -� Q\ 0 0 , 1"P ISLANDS \ ' / I PRICE .SIGH of I ;� ( f III I � - ... -- ti - _ .= �•�•�`�._. \ _ \ �. \ � / , �• ! - mm;t AY SIGNS 95 o . W W M a J 1� Q 7 LARPENTEUR AVENUE i I i j i •I i Grading Plan 16 Attachment 7 EXISTING �-- REPAIR GRASS AS ASPHALT EXISTING NEEDED AFTER GRASS CONSTRUCTION / SLOPE r= -- 1 TRASH REPAIR GRASS AS NEEDED AFTER EXISTING EXISTING C 0 POWER GRASS CONSTRUCTION , �� POLE EXISTING CONCRETE DRAINAGE C NEL / I EXISTING GRASS SLOPE — XR/1I R� I I I W I I � IL I EXISTING GRASS SLOPE I I 1' o RANDOM I PLANTING 3 ........... =- W W I.L N !Z J Q ' ►NVENIENCE `a ----- I OTY STORE n ± ' Y. .a PINUS, SYLVESTRUS "SCOTCH" 10 u ENTRANCE 2 AUSTRIAN PINE LEUCODERMUS DWARF I a• f u PARKING MUGHO PINE SWISS MOUNTAIN PINE I 1 • � d ° 4. REPAIR GRASS AS 10 ,. a r 5 NEEDED AFTER CONSTRUCTION 14 2 GAL. ------------------ YEW, EVERLOW I ,❑ 0 00 I EUONYMUS STATUS STD. "BURNING BUSH 10 5 GAL L--------------- - - -J., EXISTING UNDERGROUND r- - - - - -0 - -- - 1 d Q ... r�NO O j E] I c EXISTING I r------------- - - - - - GRASS ❑ 0 00 L------------- - - - - -J REPAIR GRASS AS 0 ... NEEDED AFTER `CONSTRUCTION LARPENTEUR AVENUE LANDSCAPE SCHEDULE MARK ITEM OTY SIZE 1 PINUS, SYLVESTRUS "SCOTCH" 10 3 -4 FT. 2 AUSTRIAN PINE LEUCODERMUS DWARF 2 4 -5 FT. MUGHO PINE SWISS MOUNTAIN PINE 6 18 --24" 4. ROSE, EXPLORER 10 2 GAL. 5 JUNIPER WILTNII 14 2 GAL. 6 YEW, EVERLOW 10 7 EUONYMUS STATUS STD. "BURNING BUSH 10 5 GAL i I i l Landscape Plan 17 Attachment 8 74: EXISTING FRONT ELEVATION ........... _ EXISTING REAR ELEVATION EXISTING EAST ELEVATION Existing Building Elevations _ 18 EXISTING WEST ELEVATION Aftachment 9 711-81 STUCCO Por. w lans�. - - Vft5l tLtVAIIUN NEW BRICK. 7YP, 11r ADDITION FRONT -ELEVATION EAST ELEVATION Proposed Building [Elevations 19 KLAN tLt.VAIIUN Attachment 10 56' -0" 6' MIN. TYP, PUSH THRU 3 PLCS. R GUARD INISH GRADE ELEVATION CANOPY ELEVATION Canopy Elevation 2' d l Attachment 11 I I r I Surrounding Properties 21 L 1 '4� Attachment 12 ff uj V) En a- J O Q 0 EXISTING I ASPHALT � CONCRETE CURB & GUTTER BOLLARD (6 REO'0) / SEE H /C -5 SEE a /C - TRASH ENCLOSURE I TRASH I It "it :1, t il '-.-.i �:i - - - � . EXISTING h1 i U! I: I ;`/ I it f ► l EX1ENSIONN ,� TRASH ENCLOSURE O POWER ; i !; �, i j + ► !11 f i/ 1 f + - S APPROACH PAD POLE • r ! ?; r % : , : , , : r ! : t , SEE C /C - :; /i . . REMODLE ED !, 1 6', EXISTING CONCRETE ' i ' , . ! !! ; ; ! ! t .:_; -1 •j - , - • EXISTING DRAINAGE C NEL C ON VE NIENCE , : . ; ! ' , • .' ' :: ' ` I; i �'1T - ► ' ,!' ' `fi GRA i '!`. STORE !,r., }.,lJ! %j 4 .r - - - -- ► 1, i, ► !►� lililf�i•' / �:r l ►' !! , l�ij�;�1 ! I! j�i o. • '� /� (Ii 'fi!1 � / t• ?l�:fli'fl�� ��•: t ; , 1+'••, w !; ►; : f f �SEE 5 j A -1 THRU A =10j' � / I:iOR INTERIOR, REMODEL DRAWINGS %; ! ! i ! I' ENTRANC � a E .',' I / / jiI 1 ; l, ' t ► i �f!!!! f l �:.. �� 30 0. RELOCATED UGW � r' r • 1 / j l f i ! I + i ' ! j ° PARKING PARKING -El I I !' ' �; , . i i � , I ; r r : i I ' ri!; ► !i,i ►Ij f1 l1ii ! ' STRIPE h"! ; ;,�! f t�, f f I r .., EXISTING GRASS I r EXISTING GRASS i s ' ' • ,'. 9 I - br a SUBMERSIBLE PUMP ENCLOSURE HANDICAP RAMP„ SIDEWALK SEE A/TK—I EXPANDED ORNEVIAT }. SEE r./C-3 SEE E/C -5 I us i W ( SEE PAVING PLAN ! " 17'-d 22' -0' 17• -C - - - - - - - - - - - - - - - W SHEET C -2 r - - Z I I O 00 I I W i - - - - - - El 5TW W WRGSOUND - J cc 3I EXISTING UNOE ��N 0 a SEE GRADING PLAN r - - - - - - - - - -1r6�- eL SHEET C -3 I I O TANKS O ° g L -- --------- - - - - -J ° PRODUCT PIPWG, TIM. - - - - - - - - I ' I r--- - - - - -- - CONCRETE CURB I O O I TAW VENT STApc I I ( - 1 4: GUTTER - - - - - - - - - - - - - I SEE F/TK -1 I SEE H /C -3 n 30'.56' CANOPY 11' -T 11' - IiE SHEET CP -1 ZFILL I SEE G/7K -1 TANK SLAB SEE 0 /C -4 i I EXISTING R -7q }� 1 PRICE SIGN �- 5W46' ISLAND SLAB PRODUCT DISPENSER, TYP• TO REMAIN SHEET C -2 SEE L/C -5 k A/TK -2 1 '� _ + 1 UNE SINCLAIR ' h ( USE EXISTING POLE�STRUCTURE) C�nb i ---------- -------- n r L 0sCAPING PLAN - - - - --- M SHEEP L -1 EXISTING ' CURB GRASS STRIP EXSTING IF GRASS: LARPENTEUR AVENUE Proposed Driveways 22 Engineering Plan Review Attachment 13 Project: Sinclair Oil Corp. (Larpenteur / Adolphus) Reviewed by: Erin Schacht and Chris Cavett Maplewood Engineering Department, June 7, 2002 The Sinclair Oil Corporation is proposing improvements to their site at 223 East Larpenteur. A small expansion to the building along with new gas dispensers and a new canopy are proposed. Curb and gutter and new pavement are included in the design of the site. Currently, there is no management of storm water. The majority of the existing storm water sheet drains untreated out to Larpenteur Avenue. The applicant has not proposed any changes to the on site drainage. Two entrances to Larpenteur Avenue currently exist and the applicant has proposed no changes to those entrances. The applicant shall address the following staff comments and revise plans before grading and utility permits will be issued: Storm Water Management/ Storm Water Treatment & Misc, drainage issues: 1. The drainage design as proposed is not acceptable. Storm water runoff sheet draining directly into Larpenteur Avenue is no longer an option for this site. Best Management Practices, (BMP's) must be incorporated into the storm water drainage design for this site. Storm water runoff shall be treated on site and discharged into an appropriate storm management system. Pollutants, such as oils and fuel must be able to be separated from storm water before it leaves the site. See the Metro Council website for additional information on best management practices. hU://www.metrocouncil.org/enviroment/Watershed/b anual.htm Contact Maplewood Assistant City Engineer, Chris Cavett at 651- 770 -4554, to discuss some viable options. Some options that are described in the BMP manual and which the applicant might consider are: • Installing catch basins to capture flow before it is allowed to leave the site. Treating the flow with appropriate storm water treatment structures for this type of site. There is an existing storm sewer catch basin on the north end of the property, located in the parking lot area leased by Champs. "Treated" storm water may be discharged into that system. � The applicant shall provide the city their maintenance plan to regularly clean the treatment structure. Submit design information and runoff calculations for the site and the treatment structures proposed to be used. • Consider using Rainwater Gardens in some of the landscape areas to manage storm water from the east side of the site. Miscellaneous: 1. Eliminate the west entrance to Larpenteur Avenue. A second entrance may be constructed off of Adolphus Street. It appears that a driveway centered on the pump aisle will be no more than a 10% grade to Adolphus with no grade changes, but can be reduced more with adjustments to the grades and drainage on the west side of the site. 2. Maintain minim 3:1 slopes throughout the site, notably at the northeast corner. Proposed contours elevations do not tie into the correct existing contour elevations. The 95 contour ties into the 95.5 contour, etc. Label proposed contours, as they are difficult to follow. 3. Submit the signed Roadway Easement to the City of Maplewood Engineering Department for the Easement shown along Adolphus, and the City will file it with Ramsey County. 23 Attachment 14 M& RAMSEY COUMY Department of Public Works Kenneth G. Haider, P.E., Director and County Engineer ADMINISTRATION/LAND SURVEY 50 West Kellogg Blvd., Suite 910 St. Paul, MN 55102 • (651) 266 -2600 • Fax 266 -2615 E -mail: Public.Works@co.ramsey.mn.us MEMORANDUM TO: Shann Finwall City of Maplewood Dan Soler � Ramsey C unty Public Works SUBJECT: Sinclair Oil Corporation 223 East Larpenteur Avenue DATE: June 20, 2002 ENGINE E RING /OPE RATIONS 3377 N. Rice Street Shoreview, MN 55126 (651) 484 -9104 9 Fax 482 -5232 The Ramsey County Public Works Department has reviewed the proposed conditional use permit and site plan for Sinclair Oil Company at 223 East Larpenteur Avenue. This property is proposed to be improved with a remodeled store, new fuel pumps and a new canopy. Ramsey Count y has the following comments regarding this proposal. 1. The use of the site will stay commercial/retail as it is today. It will continue to operate as a Sinclair gas station. The improvements to the site will not have a measurable impact on traffic operations in the area. 2. The existing access configuration on Larpenteur Avenue is proposed to remain. As part of the overall improvement of the site, Ramsey County would like to see one of the access drives on Larpenteur Avenue closed. An additional access to the site could be constructed onto Adolphus Street. This would leave one access point on Larpenteur Avenue and one on Adolphus Street. Please review this issue with the property owner. 3. The property owner will be required to obtain a permit from Ramsey County Public Works for any work within the County right of way. Thanks for the opportunity to make comments regarding this issue. If you have any questions or need any additional information please give me a call. 24 Minnesota's First Home Rule County printed on recycled paper with a minimum of 10% post - consumer content ATTACHMENT 15 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Sinclair Oil Corporation applied for a conditional use permit to operate a motor fuel station within the BC, Business Commercial, zoning district; WHEREAS, this permit applies to property located at 223 Larpenteur Avenue East. The legal description is: The West 300 feet of the South 290 feet, except the West 30 feet thereof, of the WestY2 of the Southeast % of the Southeast % of Section 18, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1. On June 17, 2002, the planning commission recommended that the city council approve this permit. 2. On July 8, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The city council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and. recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. r 3. The use would not depreciate property values. \ 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 25 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The fuel station's hours of operation, including pay -at- the -pump fueling, is limited to 6 a.m. to 11 P.M. 2. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. 3. All construction shall follow the site plan approved by the city including the removal of the westerly Larpenteur Avenue driveway and relocating the driveway onto Adolphus Street. The director of community development may approve minor changes. 4. The proposed construction must be substantially started within one year of the city council approval or the permit shall become null and void. The city council may extend this deadline for one year. 5. The city council shall review this permit in one year. The Maplewood City Council adopted this resolution on , 2002. 26 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JUNE 17, 2002 b. Conditional Use Permit — Sinclair Fuel Station (223 Larpenteur Avenue East) Mr. Roberts said Sinclair Oil Corporation is proposing to expand and remodel the Sinclair Gas Station located at 223 Larpenteur Avenue East. The expansion includes a 290- square -foot addition to the convenience store, refacing of the convenience store, and construction of a 50 -foot x 56 -foot, 2,800- square -foot, fuel - island canopy. The six existing fuel dispensers will be replaced with four new pumps. These fuel pumps will have two vehicle fueling stations each, fora total of eight, and will allow for payment at the pump. The proposed expansion and remodeling will be consistent with Sinclair.'s Rice Street gas station remodeling that was approved by the city council last October. The applicant is requesting that the city approve a conditional use permit to operate a motor fuel station within the business commercial, BC, zoning district. Sinclair gas station was constructed in the late 1970s. The building js 1,641 square feet in area and houses a small convenience store and three automobile service bays. Budget Towing currently leases the site for their towing and tire operation. They also sell gasoline under the Sinclair name. Sinclair was constructed before the city's requirement that a conditional use permit be obtained for a motor fuel station within the business commercial zoning district. Because of the expansion of their facility, a conditional use permit for the motor fuel station is required. Staff finds that the expanded facility meets the nine standards of requirement for a conditional use permit as specified in the resolution on pages 21 and 22 of the staff report. The city code states that no motor fuel stations within 350 feet of a residential lot line shall be operated between the hours of 11 p.m. and 6 a.m. Sinclair is located next to residential properties to the south, in St. Paul, and residential properties to the west that include, three city - owned housing replacement lots on the corner of Larpenteur Avenue and Adolphus Street. Budget Towing has been operating their business 24 hours a day for the past year. Once the remodeling and expansion of the motor fuel station is complete, Sinclair Oil Corporation proposes to meet the citys required hours of operation and limit their business from 6 a.m. to 11 p.m. In addition, with the new style of fuel pumps that allow payment at the pump, many fuel stations have been allowing 24 -hour, pay -at- the -pump fueling between the hours of 6 a.m. and 11 p.m. as well. The three existing automobile service bays will be removed and a 290 - square -foot addition will be constructed on the east side of the building. Interior of the building will include a convenience store, office, and restrooms. The existing roofline on the exterior of the building will be refaced with a new fascia system to create a flat -roof appearance. Exterior building materials include stucco, brick, and windows. The canopy will be 2,800 square feet in area and 19 feet in height, which is three feet higher than the building. Overhead canopies within a motor fuel station are required to be set back at least 15 feet from the street right -of -way. Sinclair's new canopy will be set back 15 feet from the Larpenteur Avenue right -of -way. There are two existing driveways located on Larpenteur Avenue. City code specifies that driveways must be set back at least 30 feet from intersecting rights -of -way. Sinclair's westerly driveway is approximately 18 feet from the intersecting Adolphus Street right -of -way. Chris Cavett, Assistant City Engineer, states in his review of the project that the west driveway should be eliminated and a new driveway constructed on Adolphus Street. The driveway should be centered on the pump aisle, which is 30 feet from the intersecting rights -of -way. City code requires a motor fuel station to have at least four parking stalls, plus one stall per fuel pump. The parking stalls in front of the fuel pumps count toward the overall parking requirement. Sinclair Oil Corporation is proposing eight parking stalls in addition to the eight parking areas in front of each fuel pump. The existing parking lot does not have curb and gutter and is constructed up to the Larpenteur Avenue right -of -way and approximately 12 feet at its closest point to Adolphus Street. City code requires that all parking lots have curb and gutter and be set back 15 feet from street rights -of- way. With the reconstruction of the parking lot, Sinclair is proposing curb and gutter as well as a 10- foot setback to Larpenteur Avenue and a 20 -foot setback to Adolphus Street. Increasing the parking lot setback to the required 15 feet on Larpenteur Avenue is not possible because of limited space between the fuel island pumps and the new parking lot curb. The new 10 -foot parking lot setback to Larpenteur Avenue will create a more conforming parking lot. For this reason, and because the parking lot will be located 30 feet from the paved portion of Larpenteur Avenue, staff finds the 10 -foot pavement setback adequate. Larry Feldsien, representing Sinclair Oil Corporation, addressed the commission. He said they are trying to convert this from an automobile service station to a convenience store while continuing to sell gasoline.. They hope by making the changes that they have proposed in the staff report they can improve their business. Budget Towing is currently operating the Sinclair Oil station. Once it is converted it would not be leased by anybody else, and employees of Sinclair Oil Corporation would run the Sinclair gas station. They would operate during the hours proposed by staff. They do have some concerns about the driveway off of Adolphus Street and the minimum width of 24 feet. The cost of the drainage appears to add $10,000 to the total cost. Mr. Cavett said Sinclair oil Corporation would be the first service station that the city has had to deal with NURP standards. Commissioner Dierich asked the age of the tanks at the Sinclair Oil station? Mr. Feldsien said the tanks were installed in either 1988 or 1989. They are steel tanks and they have provided all the upgrades. There will be overfill and overspill systems on them. They have an automated tank gage on them. Sinclair will be putting in new tank piping, and that will be made of plastic. Commissioner Mueller moved to adopt the resolution on pages 21 and 22 of the staff report approving a conditional use permit to operate a motor fuel station within the business commercial, BC, zoning district for the Sinclair gas station located at 223 Larpenteur Avenue East. Approval is based on the findings required by ordinance and subject to the following conditions: (additions are in bold). a. The fuel station's hours of operation, including pay -at- the -pump fueling, are limited to 6. a.m. to 11 p.m. b. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. C. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. Adding the driveway onto Adolphus Street. d. The proposed construction must be substantially started within one year of the city council's approval or the permit shall become null and void. The city council may extend this deadline for one year. e. The city council shall review this permit in one year. Commissioner Dierich seconded. Ayes —All The motion passed. This goes to the city council on July 8, 2002. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 25, 2002 a. Sinclair Gas Station — 223 Larpenteur Avenue East Ms. Finwall said Sinclair Oil Corporation is proposing to expand and remodel the Sinclair gas station located at 223 Larpenteur Avenue East. The expansion includes a 290-square foot addition to the convenience store, refacing of the convenience store, and construction of a 50- foot x 56 -foot, 2,800- square -foot, fuel- island canopy. The six existing fuel dispensers will be replaced with four new dispensers. With two vehicle - fueling stations each, for a total of eight, and will allow for payment at the pump. The proposed expansion and remodeling will be consistent with Sinclair's Rice Street gas station remodeling that was approved by the city council last October. The applicant is requesting that the city approve the following: 1. A conditional use permit to operate a motor fuel station within the business commercial, BC, zoning district. 2. Design review The three existing automobile service bays will be removed and a 290- square -foot addition will be constructed on the east side of the building. Interior of the building will include a convenience store, office, and restrooms. The existing roofline on the exterior of the building will be refaced with a new fascia system to create a flat -roof appearance. Exterior building materials include stucco, brick, and windows. The canopy will be 2,800 square feet in area and 19 feet in height, which is three feet higher than the building. Overhead canopies within a motor fuel station are required to be set back at least 15 feet from the street right -of -way.. Sinclair's new canopy will be set back 15 feet from the Larpenteur Avenue right -of -way. Four round steel columns will support the canopy. The columns will be painted white to match the underside of the canopy. The canopy fascia will be nonilluminated, but signage proposed for the canopy will be illuminated. This proposal does not include signage, which will require separate sign permits and must comply with the city's sign ordinance. There are two existing driveways located on Larpenteur Avenue. City code specifies that driveways must be set back at least 30 feet from intersecting rights -of -way. Sinclair's westerly driveway is approximately 18 feet from the intersecting Adolphus Street right -of -way. Chris Cavett, Assistant City Engineer, states in his review of the project on page 23 of the staff report that the west driveway should be eliminated and a new driveway constructed on Adolphus Street. The driveway should be centered on the pump aisle, which is approximately 26 feet from the intersecting rights -of -way and approximately 50 feet from the intersecting pavement portion of the roads. While the 26 -foot setback does not meet city code, the removal and relocation of the westerly driveway will create better traffic operations on the site and a safer traffic environment on the street. Dan Solar, County Traffic Engineer, also concurs with the proposed driveway elimination. Mr. Solar states that the west driveway is located too close to Adolphus Street, which hinders traffic exiting the gas station and traffic exiting Adolphus Street onto Larpenteur Avenue. Mr. Solar also recommends that the remaining driveway on Larpenteur Avenue be straightened. Currently the driveway angles from the site to the east. The driveway on Adolphus Street may. have an impact on the city -owned housing replacement Lots located across the street. The ultimate scenario would be to line up the Sinclair driveway with a driveway into the redeveloped lots. Because there is no redevelopment plan in place, the city must ensure that any future driveway in the .redevelopment lots line up with Sinclair's driveway or that appropriate screening be installed along Adolphus Street. Currently, the Adolphus Street right -of -way is only 30 feet wide at the Larpenteur Avenue intersection. In order to ensure that the city maintains the required 60 -foot right -of -way in this area, staff is recommending that a 15- foot -wide strip of land along the west side of Sinclair's site be dedicated as a right -of -way easement. Also, an additional 15 feet of right -of -way should be obtained from the city -owned housing replacement lot across the street at 215 Larpenteur Avenue when the lot is developed. Sinclair Oil Corporation is receptive to giving the city a right -of -way easement and has depicted that easement on their site plan on page 15 of the staff report. City code requires a motor fuel station to have at least four parking stalls, plus one stall per fuel pump. The parking stalls in front of the fuel pumps count toward the overall parking requirement. Sinclair Oil Corporation is proposing eight parking stalls in addition to the eight parking areas in front of each fuel pump. The existing parking lot does not have curb and gutter and is constructed up to the Larpenteur Avenue right -of -way and approximately 12 feet at its closest point to Adolphus Street. City code requires that all parking lots have curb and gutter and be set back 15 feet from street rights-of-way. With the reconstruction of the parking lot, Sinclair is proposing curb and gutter as well as a 10- foot setback to Larpenteur Avenue and a 20 -foot setback to Adolphus Street. Increasing the parking lot-setback to the required 15 feet on Larpenteur Avenue is not possible because .of limited space between the fuel island pumps and the new parking lot curb. The new 10 -foot parking lot setback to Larpenteur Avenue will create a more conforming parking lot. For this reason, and because the parking lot will be located 30 feet from the paved portion of Larpenteur Avenue, staff finds the 10 -foot pavement setback adequate. Landscaping proposed for the site includes 10 evergreen trees and 52 shrubs. This plan is a vast improvement over the current nonexistent landscaping of the site. However, in order to accommodate the new curb cut along Adolphus Street, and ensure some screening from the existing and future residential properties to the west, staff recommends a revised landscape plan be submitted. The revised landscape plan should include moving the five scotch pines proposed on the west side of the site to the north side of the new driveway. These pine trees should be at least six - feet in height, as opposed to the proposed four -foot height. Also, with the removal of the west Larpenteur Avenue driveway, the landscaping proposed on the south side of the site should be expanded to the west property line. The lighting on the site is a particular concern due to the fact that there are residential properties to the west. The city's lighting ordinance states that exterior lights must not produce glare to adjacent residential properties, must not exceed 0.4 -foot candles at the property lines, canopy lights must be flush -mount type fixtures, and the maximum height of parking lot lights is limited to 25 feet. Lighting proposed for the site includes 16 flush -mount canopy lights and two 16 -foot high parking lot lights. The photometric plan submitted shows the canopy light luminary exceeding the required .4- foot - candles at the Larpenteur Avenue property line. A revised photometric plan must be submitted which shows compliance with the city's lighting ordinance. To accommodate the addition, an existing fenced trash enclosure and shed will be removed from the east side of the site. Sinclair proposes to construct a new trash enclosure constructed of six -foot -high chain link fence with white slats. Samples of the fence with slats should be submitted for staff approval in order to ensure that the fence is 100 percent opaque. On June 17, 2002, the planning commission unanimously recommended approval of Sinclair's conditional use permit to operate a motor fuel station within the BC zoning district. Chris Cavett, Assistant City Engineer's comments are outlined in the staff report on page 23. Staff recommends that all grading and drainage concerns as outlined in the report be addressed with the city engineering department prior to issuance of a building permit. Lieutenant John Banick had no public safety concerns. Dave Fisher, Building Official, said Sinclair Oil Corporation must obtain two building permits, one permit for the canopy and one permit for the remodeling of the convenience store. Butch Gervais, Fire Marshal, said Sinclair Oil Corporation must submit a letter with information on underground tanks including the age and installation date. The building appears to be under the allowable area - for sprinkler requirements, but further information on building size will be needed. Board member Longrie -Kline asked staff if there was an ordinance regarding the height difference of the canopy and the height of the building? Ms. Finwall said no. Board member Longrie -Kline asked what the distance was between the easterly drive and the freeway exit ramp? - Ms.Finwall said that was discussed with the county engineer and she believes it meets the required 30 feet. Board member Longrie -Kline said she is concerned about the kind of shrubbery that will be used on Larpenteur Avenue and along the freeway exit ramp. The height of the shrubbery may cause a visibility problem for drivers coming from both directions. Ms. Finwall said the applicant has proposed scotch pines that can grow quite high. Staff will take those comments into consideration. Chairperson Shankar asked if the 19 -foot canopy at the Sinclair gas station is standard? Ms. Finwall said the 19 -foot height is the same as the canopy at the Sinclair gas station on Rice Street that was approved last October. Board member Olson commented that she Liked the city engineer's recommendation to move the driveway entrance from Larpenteur Avenue to Adolphus Street. She also agrees with board member Longrie- Kline's comments about the height of the trees by the pylon sign and the visibility for the cars. Board member Long rie-Kline asked. if the one handicap - parking stall proposed is van accessible? Ms. Finwall said a handicap stall must have an access aisle. This does meet the requirements. Board member Olson asked if the parking lot meets the ADA standards for number of handicap accessible stalls? Ms. Finwall said there must be one handicap - parking stall for every 25 parking stalls so this does meet the standard. Larry Feldsien, the engineer and applicant for .Sinclair Oil Corporation, addressed the board. He said they may have a problem with the photometric plan. The lights they are proposing to use are the flush mounted, lights and are identical to the lights being used at the Rice Street location. He believes at the Larpenteur Avenue property line the lights are at .8 -foot candles. They may have some difficulty meeting the .4 -foot candles. If they have to they may have to cut back the wattage of the lights. He, said they would like to continue to use the same light fixture and wattage as they do at the Rice Street location. On the Adolphus Street they can make the A -foot candles and it may be difficult to make the foot - candles on the Larpenteur Avenue side. Dave Warner the area representative for the Sinclair Station addressed the board. This store is a 24 -hour operation currently but when the store is converted to a company store the hours will be 6:00 a.m. until 11:00 p.m. as requested by the city. The pay -at- the -pumps will be shut off at that time as well. Board member Longrie -Kline asked staff when the city -owned lots across the street will be developed? Ms. Finwall said there probably would not be any development taking place until next year some time. Board member Longrie -Kline said the reason for the question is because the illumination may cause a problem onto the new development across the street. Chairperson Shankar asked the applicant what the color scheme would be? Mr. Feldsein said the canopy and the fascia would be the standard white with green striping. The building will be off- white. The face brick on the rear elevation will remain the same. He said the window frames would be standard polished aluminum. Because of the expense of the landscaping they will probably put in a sprinkler'systerm Board member Olson noticed the gas station is going to be open from 6:00 a.m. until 11:00 p.m. because of the recommendation from the city. Ms. Finwall said the city ordinance states that gas stations within 350 feet from residential must limit their hours of operation from 6:00 a.m. to 11:00 p.m. Budget Towing is currently operating in this location and running 24 hours a day. When Sinclair Oil takes over the station they will be operating from 6:00 a.m. until. 11:00 p.m. Board member Olson said because of this location right off the freeway she would like to see this station continue operating 24 -hours a day. This is a courtesy for customers who would be exiting from the freeway. Especially during bad weather and for safety reasons having a station open all night would be helpful for customers. If the landscaping and the lighting would protect the residential area she would be in favor of keeping this a 24 -hour operation. Chairperson Shankar asked if the applicant wanted to make this a 24 -hour operation? Mr. Warner said they would -accept a permit to operate 24 hours. Most of their other stores are open 6:00 a.m. until 11:00 p.m. The other option is to allow pay -at- the -pumps 24 -hours a day unattended. With the freeway access they may have customers who could use their station in the middle of the night, this -would be a great asset for the public. Chairperson Shankar said although the CDRB is not approving hours of operation at this meeting your comments will be shared with the city council. . Chairperson Shankar said he had a concern about the brick transition at the corner of the building. He recommends having at least two feet of new brick wrap around the back of the building. He states that peeling paint may occur on the backside of the new building. Board member Olson moved to approve the plans date - stamped May 10, May 16, and May 23, 2002, for the building addition, remodeling, and construction of a new canopy and fuel- islands for the . Sinclair gas station at 223 Larpenteur Avenue East. Approval is subject to the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a building permit: (1) A revised site plan showing: (a) Removal of the westerly driveway on Larpenteur Avenue and the replacement of all required curb and gutter along Larpenteur Avenue and the parking area. (b) At least a 24- foot -wide driveway entrance on Adolphus Street. The driveway must be centered on the fuel pump islands. (c) The easterly driveway on Larpenteur Avenue widened to 36 feet. Three lanes should be marked with paint and arrows to include an entrance lane, a left -turn exit lane, and a right -turn exit lane. (2) Revised grading, drainage, utility and erosion control plans. (3) A revised landscape plan showing the following: (a) Moving the five scotch pines proposed on the west side of the site to the north side of the new driveway. These pine trees should be at least six - feet in height, as opposed to the proposed four -foot height. (b) Expanding the landscaping proposed on the south side of the site to the west property line, due to the removal of the westerly Larpenteur Avenue driveway. (c) Installing in- ground sprinkler system for all landscaped areas. If the installation of a sprinkler system is not feasible because of existing pavement, the applicant must submit written agreement to hand water all landscaping. (d) Edging and mulching all planting beds. (4) Revised canopy elevations showing that the lights beneath the canopy are flush mount. The lenses of the lights must not drop below the opaque portions of each lighting fixture. (5). A revised photometric plan showing that the site lighting complies with the city's lighting ordinance. (6) Trash enclosure fence sample must be submitted to staff to ensure the fence is 100 percent opaque. (7) Aright -of -way easement covering the westerly 15 feet of the site. The easement must be recorded with Ramsey County prior to issuance of a building permit. (8) Revised elevation plan extending the brick two feet around the sides on the back of the building prior to issuance of a building permit. P. Complete the following before occupying the building: (1) Restore and sod damaged boulevards. (2) Install all pavement, curb, and gutter. (3) Install stop signs at both exits and a hand icap- parking sign for the handicap. parking stalls. (4) Widen the easterly Larpenteur Avenue driveway to 36 feet. Three lanes should be marked with paint and arrows to include an entrance lane, a left -turn exit lane, and a right -turn exit lane. (5) Install the approved trash enclosure. (6) Install all required landscaping. d. If any required work is not done, the city may allow temporary occupancy if: (1) The city determines that the work is not essential to the public health, safety or welfare. (2) The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. (3) The city receives an agreement that will allow the city to complete any unfinished work. e. This approval does not include the signs. All proposed signs require a separate sign permit and must comply with the city's sign ordinance. f. All work shall follow the approved plans. The director of community development may approve minor changes. Board member Longrie -Kline seconded. Ayes — Longrie- Kline, Olson, Shankar The motion passed. This goes to the city council on July 8, 2002. Board member Olson asked if Sinclair is going to put in a dinosaur on the site. Mr. Feldsein said they will take that. into consideration and. if they get enough people requesting a dinosaur they may put one in. AGENDA ITEM �� AGENDA REPORT ACOMby TO: Richard Fursman, City Manager Endorsed, , FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Bruentrup Heritage Farm - Addition of Parking Area on Eastern Edge of Property 1. Conditional Use Permit and Site Plan Revision 2. Consider Funding Options 3. Change Order'Authorizing Construction DATE: July 2, 2002 Introduction The Maplewood Historical Society is proposing the addition of a parking area on the eastern edge of the leased city land along County Road D. Approval of the parking lot addition requires a revision to the conditional use permit (CUP) for the Heritage Farm. The CUP revision was reviewed by the Planning Commission on July 1, 2002, and will be reviewed by the city council as part of a public hearing on July 8, 2002. If the CUP revision is approved, the city council should consider the option to fund the parking lot construction as part of the County Road D improvements to take advantage of cost savings with the local construction project and authorize the change order. Background On May 24, 1999, the city council approved a motion of support for the relocation of the Bruentrup Heritage Farm Buildings to the 23 -acre open space city property at 2170 County Road D. On June 14, 1999, the city council approved the conditional use permit and design approval, including a site plan, for the relocated farm and buildings as a public facility for use by the Maplewood Historical Society and for other city functions. A lease agreement was negotiated and approved whereby the Maplewood Historical Society leased the property from the city for the operation of the Bruentrup Heritage Farm. The lease agreement is for a term of 99 years. In a November 15, 2001, memorandum to the Park and Recreation Commission, the Director of Parks and Recreation, Bruce Anderson, identified that the Historical Society was exploring the feasibility of constructing a 50+ -car parking lot on the eastern side of the farm. Mr. Anderson .identified that the original proposal for the site included overflow parking located on the western side of the farm site. The park staff and the open space staff strongly recommended to the Park and Recreation Commission that the eastern location was far superior to the western site due to the better use of the existing land form (a large knoll exists on the west side), was more economical to construct and created a clearer distinction for a future trail head. The parking lot location issue was part of the discussion related to the location of the trail along County Road D, as part of the reconstruction of County Road D project. The Park and Recreation Commission approved a trail location within the open space corridor and adopted a position of support for the parking lot on the eastern side of the farm. The issue of the parking lot location was not carried further due to a lack of funding for the parking area. Agenda Background July 2, 2002 Bruentrup Heritage Farm Page Two On April 22, 2002, the city council approved a resolution awarding a construction contract for the County Road D project. The contractor for the County Road D project proposed to use the eastern side of the farm as a construction staging area, which would have provided an area cleared of materials and ready for parking lot construction. Property owners to the east and north of the staging area protested the proposal and on June 10, 2002, the city council denied the contractor's request for the staging area. On June 24, 2002, the city council directed that the parking lot proposal be presented in a public hearing format. Conditional Use Permit Considerations The farm is currently governed by a conditional use permit, which found that the relocated farm would be compatible with the existing development and land uses in the area. The 1999 permit identified that additional parking shall be added to the site if the city council deems it necessary. Attached is a map revision to the site plan showing a 21 -space parking area with a bus turnaround. This proposal is a substantial reduction from the original plan, which included over 50 parking stalls. The reduction in stalls is due to the discussion of events at the site and the overall plan for using various spaces as overflow parking areas for the limited number of events per year where the parking lot capacity is exceeded. The parking lot plan includes a connection to the trail constructed as part of the County Road D project and will also serve as a trailhead for the Lake Links trail. Substantial additional landscape plantings are shown on the eastern and northeastern part of the parking plan, although no details on the type and extent of plantings are identified. A condition of approval of the revised CUP is to provide extensive screening of the residential properties to the north and the northeast. Funding Options The estimated cost of the parking area is $50,000. If the parking area is constructed as part of the County Road D improvement project, a $10,000 cost savings within the project could be realized; thus, necessary funding of $40,000 ($50,000 - $10,000) is needed. Two options for the $40,000 appear to be available for consideration. The first option is to require the Maplewood Historical Society to pay the entire $40,000. The City recently provided the Maplewood Historical Society with $70,000 toward the roof replacement of the barn. Funds still remain from that project that could be dedicated toward the parking lot. A second option to consider is $30,000 from the Park Development Fund and $10,000 from the Historical Society Funds. A final determination on funding is needed at this time to take advantage of the cost savings with the County Road D project. Change Order Authorization The mechanism for implementing the construction is to authorize a change order with the County Road D contractor. The contractor will be nearing completion of the project during the last weeks of July. Awaiting consideration for the July 22 council meeting is not an option. A final change order is being negotiated and may be available at the July 8 th meeting, but is not available at this time. Authorization will be requested at the meeting. Agenda Background July 2, 2002 Bruentrup Heritage Farm Page Three Recommendation Staff recommends that the city council adopt the attached resolution approving a revised conditional use permit (CUP) for the Bruentrup Heritage Farm at 2170 County Road D; and, that the City Council determine a funding option for the construction of the parking lot on the eastern side of the Bruentrup Heritage Farm and authorize a change order for the construction of the parking lot to take advantage of cost savings with the County Road D improvements. I � l � jW Attachments: Location Maps Original Site Plan from 1999 Proposed Site Plan — Parking Lot on East Side Bruce Anderson Memo to Parks and Recreation Commission Resolution HITE�AR LAKE MWIX VIM AW&C opw N a1 g PAUSV � - � NORTH SAINT PAUL ^ u - COtJMY ROAD D CA L AVE WOODLYM o MOWN AYE. A � AVE � ,e CNIPPLVA cr. Z' Bi1RiE1JdY UN, 1R Ei LYDIA�d $' AV E. ac AS 102 - AVER AVE. ee... � AM KoHUUw '� AVE s too 3 � �ILL RD. J AVE a caRVNS CT. 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' _ 1 • ���"; `_�'�...; • � . � .' �!'T = • ; • 1• ~ t om �T�N.•K<.x'.•� •- "1 + .�,. . i D R IV e cofty . u � lz ous M O • �►.� - • . T2 E �S A h Cl PAP -610 ' _D* CC) U, T/ IZO jOVP 'D T - cnun�ry izoRD D P la o 9 g 0 j C. .; 7 --- &a -L.S IL 5 -Feet- M OVE jqL L QUfLDlNGS� W11VDlMlLC. S WW o SST LCP 140 Sccrn� t4ar &Oka9 E�o w pf r *t oh bCZ3evrie� N 3. 'Se cw�d Pr...cY� �?v Res to rofivnf`. UJ tridmttl o�da�-iw+s: I Sheol MacLikic I 9�eck � S ked � C�K� C I�r icl2en coor, 2. Acres � 111 f� k{S Fu nIn -2 41 s i c v ii h g rat, 1.5 _ li foum dcc+,'rrns, do0u-j- ;tn,s, vfzrfvv� fees. 5 7 • I--- W � C OZ M� (f) 0 r z r t / r - o n "�-v 0 - c > Z . G) m X -n 0 ; o 1- > > +s•; W �a � r 00 m�O0 V O t— 40 mg 0 �~ g• i i � f f � � f f 1 J ■ f C D m - n DG) = = r a o 0 mD ° ° m z I C3 � D � C � X CD o z Z 0 v t I I i I I I I I I I i i I ��4• si i a •r..gc � r$ r i�i•'t i i � f f � � f f 1 J ■ f C D m - n DG) = = r a o 0 mD ° ° m z I C3 � D � C � X CD o z Z 0 v t I I i I I I I I I I i i I ��4• si i a •r..gc � r$ r i�i•'t I I i I I I I I I I i i I ��4• si i a •r..gc � r$ r i�i•'t Attachment 4 ME TO: Parks and Recreation Com FROM: Bruce K. Anderson, Directc DATE: November* 15, 2001 for the Commission Meeting SUBJECT: Woodlynn and County Rvai INTRODUCTION The city currently owns a 23 -acre site. at the intersection of Woodlynn and County Road D ' as a public open space property. The qty applied for and was awarded a $38.000 grant for the restoration of Woodlynn and "D" open space property, which was formally approved in September by the City Council. In addition, the City Council recently awarded the prairie restoration bids in the amount of $25,000 to Prairie Restorations, Inc. City staff has also been working in dose cooperation with the public works depar6ment ano Maplewood Historical Society in the upgrading of County Road D and design of a future parking lot - BACKGROUND The city of Maplewood acquired a 23 -acre open space site at the comer of Woodlynn and uD" in 1997. The Bruentrup Farm has been relocated to the open space property and designated a two -acre parcel, which will be defined by a split rail fence. The Historical Society has been actively involved in improving and enhancing the site. The city continues to work with the Historical Society and we have been removing buckthorn through a Boy Scouts project, developing trail corridors for public use and removing what -seems to be miles of barb wire. One of the prime objectives of the Historical Society is development of a future parking lot. This issue is. coming to the forefront as County Road D is proposed to be upgraded from White Bear Avenue to McKnight Road and. ultimately, to Lydia Avenue. The Parks and Recreation Commission had some exposure to this issue when we approved and reviewed the Lake Links Trail project. There was. extensive discussion by the Commission at that time as to the future location of the trait, as to whether it should pass through the open space property or follow County Road D. The Commission and ultimately the City Council included County Road D as an option for the trail in addition to passing through the open space property. w The original proposal for the parking lot was on the west side of the farm. We have been working with Sanders, Wacker, Bergly to look at the feasibility of locating the parking lot on the east side of the farm. Staff strongly feels that the eastem location is far superior to the western site, as it makes better use of the existing land form, is more economical to construct and creates a clearer distinction for a future trail head. 7 Woodlynn and "DA Parking Lot November 1 'In addition to the Orkin -lot . Parking question on the east side -of the farm • ` location now needs t . o question of f uture trail trom v be resolved I have included a vane - dated 11 -1 � tY of plans, Wirth the most recent 01 Bill Sanders along with his co 9 mrnents. I strongly support the lan d 11 -15 -01 and feel the parking lot should be located on the east side P ated of the farm, the trail co . ` - Thera are pros and cons to having mdor come in further to the west as ' ens ace committee proposed �n the concept drawing. Theo P p actually supports the west faun, but questions . em loop behind the the need to continue the trail within opens ace beyond parking lat. The second op tion � i P y d the eastern . p s to construct a sidewalk along Coun � � �Ro - happen anyway s art of 9 tj ad D (which will Y P he project} and then have the trail ante - - east side as a trail head . rat the parking lot on the and . continue out to the east, ultimately o Cent ry Avenue. . Staff at a minimum recommends - that the trail enter the opens ace roe Orkin lot w P p p rty on the southern edge of the eastern parking with the understanding that a trail also will along County Road 'D. - be constructed RECOMMENDATION 1 Staff recommends that a future Orkin to • P g t construction be developed on the east side of the Bruentrup Farm and that the County construction project include a County Road D and that a trail corridor dewatk along MCI U IIQ or be established through the open s ace - . co in throw P Property with 690 F 12 r1h I 9 through the eastern parking lot - sty P "--b) ictnienbA mem � Enclosure T Y� 8 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the Maplewood Historical Society was granted a Conditional Use Permit on June 14, 1999, for the Bruentrup Heritage Farm at 2170 County Road D, further described as: Except the East 633 feet of the North 183 feet and except the South 150 feet of the North 333 feet of the East 213 feet and except the South 905 feet, the NE Y4 (subject to roads and easements), In Section 2, Township 29, Range 22. (PIN 02- 29 -22 -11 -0009) WHEREAS, the Maplewood Historical Society has submitted a site plan proposing a parking lot on the eastern side of the Bruentrup Heritage Farm site. WHEREAS, on July 1, 2002, the planning commission reviewed the site plan revisions and recommended that the City Council this permit revision. WHEREAS, on July 8, 2002, the City Council conducted a public hearing on said site plan and Conditional Use Permit (CUP) Revision, after due published notice in the legal newspaper and notice of said hearing was mailed to surrounding property_ and after considering all testimony from every person or persons wishing to speak or those who wished to submit written statements, and after considering reports and recommendations from city staff and the planning commission. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate area property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoking, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development and design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the avproved site Ulan dated Mav 17, 2002, for the nronosed 21-car parking lot for the Bruentrup Heritage Farm to be located on the eastern side of the farm house building, which shall include a bus turnaround, subject to the addition of extensive landscape features which shall be desi by a re gistered landscape architect to screen from view the properties to the east and northeast of the parking lot. Approval is granted siting the fact that the parking lot is located and designed to minimize the impact to the City owned and maintained open space, and that the parking lot would not change and is consistent with the operation of the Bruentrup Heritage Farm as a public facility. 2. All construction shall follow the site plan approved by he City. The City Engineer mgy approve minor changes to the site plan. I The City Council shall review this permit in one year. 4. _Am parkin lot li ghts shall be installed per City code, subject to the approval of the Ci En gineer. 5. The site plan dated May 1999 shall be deemed the approved site plan for the Bruentrup Heritage Farm site, except the addition of the 21 -car parking lot on the eastern side of the site. • 6 ' Approved by the Maplewood City Council on 12002 REPORT SUMMARY Agenda # Action by Count ?ate TO: City Manager Endorsed FROM: Ken Roberts, Associate Planner Modified SUBJECT: Conditional Use Permit Revision and Design Review -- St. Hmong Alliance Church, LOCATION: 1770 McMenemy Street _ DATE: July 1, 2002 INTRODUCTION Proposal The St. Paul Hmong Alliance Church, at 1770 McMenemy Street, is proposing to build an addition onto the south side of their existing parking lot. They also are proposing to add a playground to the east side of the church building and a new driveway from the expanded parking lot to Desoto Street. Requests The applicant is requesting: 1. A conditional use permit (CUP) revision. Specifically, they want city approval to change the approved site plan to expand their parking lot, - to add the new driveway to Desoto Street and to add a playground. The city code requires a CUP for churches. 2. Approval of project plans. ISSUES The main issue with this proposal is the request of the church to add a new driveway from their expanded parking lot to DeSoto Street. Many of the neighbors near the church are against this part of the proposal. City staff, however, is recommending approval of the proposal, including the new driveway to DeSoto Street. (Please see page 2 of the memo for more information about this.) 60 -DAY DEADLINE Because of the delay caused by the traffic study, the city council needs to act on this request by July 8, 2002, unless the applicant agrees to a time extension. RECOMMENDATIONS 1. Approve the revision of the conditional use permit for a church at 1770 McMenemy Street. 2. Approve the design plans for the proposed parking lot, playground and driveway to DeSoto Street. MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit Revision and Design Review - St. Paul Hmong Alliance Church LOCATION: 1770 McMenemy Street DATE: June 26, 2002 INTRODUCTION Proposal The St. Paul Hmong Alliance Church, at 1770 McMenemy Street, is proposing to build an addition onto the south side of their existing parking lot. Refer to the maps on pages 10 -17. They also are proposing to add a playground to the east side of the church building and a new driveway from the expanded parking lot to DeSoto Street. Refer to the narrative on pages 18 and 19, the narrative on pages 40 and 41 and the enclosed plans. (The plans show a future church addition as well. The applicant will apply for the approval of this expansion later. Staff is not considering the future church addition as part of this review.) Requests The applicant is requesting: 1. A conditional use permit (CUP) revision. Specifically,' they want city approval to change the approved site plan to expand their parking lot, to add the new driveway to DeSoto Street and to add a playground. The city code requires a CUP for churches. 2. Approval of project plans.. BACKGROUND On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. DISCUSSION Conditional Use Permit Revision — Parking Lot and Playground The church is now meeting the conditions of their CUP and staff is not aware of any problems, other than the traffic from the site, with the church. The proposed parking lot expansion meets the requirements for the CUP and would fit the site. If approved, the parking lot would grow from 95 spaces to 254 spaces (an increase of 159 spaces). This expansion should meet the parking needs of the church for the next several years. Proper landscaping and screening will ensure that nearby homes are buffered from the parking lot. The proposed playground should be a good fit and should not cause any problems. In addition, the city has approved several CUPs for church expansions in the past few years. Conditional Use Permit Revision — New Driveway The proposed plans show a new driveway from the expanded parking lot to DeSoto Street. The neighbors near the church have mixed reactions to this part of the proposal. Those living on or near McMenemy Street thought the new driveway would be a good idea and those living on or near DeSoto Street thought that the new driveway was a poor or dangerous idea. One neighbor said the city should deny this project because there already is too much traffic from the church. City staff has not received any traffic complaints about the existing church and parking lot layout. We understand, however, that the new driveway to DeSoto Street is a change to the site and the area that is a concern to many of the neighbors. It is their opinion that DeSoto Street, because of its condition and design, could not handle the additional traffic. The neighbors also are concerned that the additional traffic from the church would make DeSoto Street unsafe for pedestrians and for the homeowners on the street. Because of the neighbors' concerns, the church agreed to have a traffic study done. They hired Benshoof and Associates, Inc. to study the existing traffic patterns and to prepare an analysis of what will happen if the church adds the driveway to DeSoto Street. (Please see the traffic study starting on page 24.) This study shows that about 60 additional vehicles would use DeSoto Street between the driveway and Larpenteur Avenue during the church peak hour on a Sunday morning. The study also notes that "the impacts of the volume increase on this segment of DeSoto Street will not be significant, because there are fewer than 10 homes along DeSoto Street south of the proposed driveway location. Also, this volume condition would occur only for a few hours one day per week.' The traffic study has three conclusions (see page 28). Specifically, the traffic consultants recommend that the church construct the driveway for three reasons: 1. It will not create adverse impacts on DeSoto Street. 2. .It will improve convenience for church users. 3. It will reduce the Sunday traffic volume on McMenemy Street. The city should monitor the parking demand and traffic situation and keep track of any complaints after the church completes the project. If traffic and parking .problems occur, the city council could require the church to close the driveway to DeSoto Street or make other changes to the site. Landscaping The proposed landscaping plan (page 16) shows the applicant planting trees and shrubs around the proposed ponding area and in the islands in the parking lot. The proposed plan, however, does - not show additional landscaping along the south side of the new parking lot. Section 36- 27(a)(1) of the code says "a landscaped and possible screened area of not less than twenty (20) feet in width shall be provided where a nonresidential use abuts a residentially zoned or planned property." The code also says that the CDRB shall require shrubs or trees in this area (the 20 feet) unless they deem it not appropriate. In addition, Section 36- 27(b)(4) of the code says, "screening shall be provided where a parking lot is constructed next to a property that is used for single or double-dwelling use. The CDRB may waive - this requirement if they determine that screening would not be needed or would not protect surrounding property values." 2 In this case, there is not a need for screening and landscaping along the entire south property line of the church property. Much of this area abuts the backyards of the houses at 1750 McMenemy Street and 1771 Desoto Street. There is a need, however, to screen the south side of the parking lot and the new driveway to DeSoto Street when they are next to the adjacent houses. The code requires that such screening be at least six feet tall and be 80 percent opaque The church may provide such screening with a fence, berming or trees. The applicant should provide a revised landscape plan that shows significant screening and landscaping along the south side of the parking lot and the new driveway to DeSoto Street in the areas next to the adjacent houses. This plan must meet the code requirements and should be subject to staff approval. Grading The applicant provided the city engineer a grading plan. (See the engineering department comments on page 20 and 21.) Staff does not have any major concerns with the proposed grading because of the substantial building setbacks and because there is a need for the additional parking. The applicant must provide, however, additional information before starting the grading. This includes an easement for the grading on the property to the south and a detailed grading and drainage plan that meets the conditions of the city engineer and the watershed district before the city will issue a building permit. COMMISSION ACTIONS On June 17, 2002, the planning commission recommended approval of the conditional use permit revision for the parking lot expansion and the proposed playground. The commission also recommended that the city not approve the addition of the new driveway to DeSoto Street. On June 25, 2002, the community design review board (CDRB)' made two motions about this project. They first recommended approval of the design plans for the proposed parking lot expansion, playground, lighting and landscaping. The second motion approved by the CDRB recommended approval of the new driveway to DeSoto Street. RECOMMENDATION A. Adopt the resolution on pages 42 and 43. This resolution revises the conditional use permit for a church at 1770 McMenemy Street. This permit is based on the standards for approval required by the code and subject to the following conditions (additions to the permit conditions are underlined; deletions are crossed out): 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. This approval includes the parking lot expansion, the new driveway to DeSoto Street and the proposed plawround 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3 3. Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood screening fences along the north side of the site fzeuith, ia.44ned Ineort c,.ec n{ rho n 4. The city council shall review this permit in one year. 5. The city council may require additional parking spaces if a parking shortage develops. 6. The plans for the future church addition and future mnasium are not approved. These shall be submitted to the City Council for approval of a revised conditional use p ermit. 7. The cit y council may re uire the church to make chan es to the site including closing the new driveway to Desoto Street, if the council deems it necessary or prudent, during future reviews of the conditional use permit. 8. The church shall p rovide ade uate screening of the new parking- lot and the new drivewa from adiacent homes by planting, berming or both. B. Approve the plans date - stamped April 30, 2002, for the parking lot expansion, new driveway and playground additions on the St. Paul Hmong Alliance Church, 1770 McMenemy Street. The property owner shall meet the following conditions: 1. Repeat this review in two years if the city has not issued a permit for this expansion. 2. Before starting the construction of the parking lot and the new driveway, provide for staff approval the following plans: a. A revised landscape plan that shows the following: (1) Significant screening and landscaping along the south side of the parking lot and the new driveway to Desoto Street in the areas next to the adjacent houses. Such screening shall be at least six feet tall and be 80 percent opaque and may be accomplished with a fence, berming or trees. (2) The use of native turf for the proposed ponding areas with additional landscaping in and around the eastern pond. b. Provide a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet ordinance requirements and all the plans shall meet the requirements of the city engineer. If the grading plan shows the elimination of any mature trees (eight inches in caliper or more), the applicant shall replace these trees in accordance with the woodland protection ordinance. c. A revised lighting plan that shows the style and height of the proposed parking lot lights. The lights cannot be more than 25 feet in height as measured from the ground grade to the top of the luminary. The plan also must show that the lighting would not exceed the maximum illumination as allowed by code (0.4- foot - candles) at the property lines. 4 d. A trash container enclosure plan that includes a fence that is at least 6 feet tall and a gate that is 100 percent opaque. e. A playground layout plan that includes the location and style of playground equipment. 3. Resod the lawn that is disturbed by construction activities. 4. Restripe the driveway onto McMenemy Street to include a turn lane.. 5. Construct the required trash container enclosure. 6. Install a stop sign and speed bumps on the new driveway to DeSoto Street. 7. If any required work is not done, the city may allow temporary occupancy if a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. 8. All work shall follow the approved plans. The director of community development may approve minor changes. 5 CITIZENS' COMMENTS I surveyed owners of the 31 properties within 350 feet of the church property. Of the 15 replies, three were in favor, nine were opposed and three had comments. In Favor 1. As a resident along McMenemy Street, I have no problem with the proposed expansion and particularly the driveway to Desoto Street to relieve traffic levels along McMenemy Street when the church lets out. (Waegener — 1739 McMenemy Street) 2. A lot expansion is an obvious necessity, also Desoto Street should be utilized to its utmost, as the church membership doubles, I do not wish to see the post - service procession double by the end of my driveway. The playground is a fine idea. (Dahlquist —1774 McMenem Street) Y 3. I strongly support the approval of the Hmong Church expansion request due to its current membership. (Nang - 415 Kingston Avenue) Opposed 1. I am against having any driveway coming out onto DeSoto. The street is not designed for a high flow of traffic on its south side, between Ripley and Larpenteur. It is not lit very well at night, it has poor visibility to oncoming traffic and to the driveways. To the north, Ripley to Roselawn, we now have a senior building that exists onto DeSoto, Roselawn traffic does not stop. I do not think there is a good or safe way to exit or entrance the traffic onto DeSoto Street. (Duellman —1835 DeSoto Street) 2. I feel DeSoto is inadequate for that amount of traffic and there is too much traffic on there now coming from Saint Paul, plus walkers and children playing. I think McMenemy is the primary street to handle (the traffic) rather than Desoto Street. (Peterson —1747 Desoto St.) 3. I do not think the church putting this drive onto Desoto is a good idea because: if you look at the road texture difference between Desoto and McMenemy, McMenemy is better built for traffic. Also, since the church has the deed to the property (on McMenemy Street) along side their driveway, they can expand the driveway out to McMenemy to give them better access. (Petterson — 1764 Desoto Street) 4. I do not agree to let the church open a driveway to Desoto Street. Currently, this street is small and in bad condition. (Vo — 416 Ripley Avenue) 5. The church parking lot (new) would de -value our property and we would like the church to do more research about the new parking lot. Also, we would like the church to fence the church property so children wouldn't be running around during weekends. (Kong — 1748 McMenemy Street) 6. 1 do not want to have the driveway come out on DeSoto Street because more people will then, without permission, use the private drive past my house to get to Kingston Street. We do not need any more trafficH (Kline —1771 Burr Street) C*1 Also, see the letter from Julie Knabe on page 30, the letter from the Crosbys on page 31, the letter from the Duellmans on page 32, the letter from Diana Longrie -Kline starting on page 33 and the letter from Dick Freimuth on pages 38 and 39. Miscellaneous Comments 1: My only concern is the entrance /exit to Desoto Street. We do not want to see it used as a thru street. Need to have speed bumps and gates with limited times that they are open. Do not want this exit to Desoto (if it happens) to be a reason that Desoto Street is widened in the future. (Pertzsch, — 426 Ripley Street) 2. Our property borders the church property on the south and next to where the new holding pond will be. Our concern is that the new road be constructed in a manner so that the water -runoff would not end up on our property. Also, when the pond is built that the bank of our .property be protected. When we went to the meeting at the church, it was mentioned that some of the landscaping might be done in the future. On the proposed landscape plan, we see no plan for landscaping between the new road and our property. We hope the lighting will be done in a manner that directs the light at the parking lot and not at our house. Also at the church meeting it was said that the access of the new road onto Desoto would be gated, closed and used only during the time of service. We would be in favor of the access if that idea were carried out. (Nelson — 1771 Desoto Street) 3. See the letter from Kristi Wheeler on page 29. 7 REFERENCE INFORMATION SITE DESCRIPTION Lot size: 7.42 acres Existing land use: The St. Paul Hmong Alliance Church SURROUNDING LAND USES North: Single dwellings South: Single dwellings and the undeveloped backyards of deep lots East: DeSoto Street and single dwellings West: The Minnesota Department of Transportation (MnDOT) highway maintenance facility PAST ACTIONS November 24, 1986: The city council granted the initial CUP. December 28, 1987: The council reviewed the CUP and required a review again in one year. May 24,-1988: The CDRB approved the design plans. December 22, 1988: The council reviewed the CUP and required a review again in one year. December 11, 1989: The council reviewed the CUP and required a review again in five years. April 26, 1994: The CDRB approved a 32- square -foot ground sign for the church. June 24, 1996: The city approved a lot split for the lot to the south so the church could buy the abutting land and enlarge their property. PLANNING Land Use Plan designation: C (church) Zoning: F (farm residence district) Ordinance Requirements Section 36- 437(3) requires a CUP for churches. CRITERIA FOR CUP APPROVAL Section 36- 442(a) states that the city may approve a CUP, based on the nine standards for approval in the resolution on pages 42 and 43. Application Date We received the complete application materials for this request on May 7, 2002. State law requires that the city take action within 60 days of receiving complete applications for a ro osal. P p As such, the city council would normally have to act on the proposal by July 6, 2002. However, on May 22, 2002, the applicant agreed to have a consultant do a traffic study with the understanding that the city would process the application as quickly as possible. Because of the delay caused by the traffic study, the city council needs to act on this request by July 8, 2002. E sec171hmong CUP Revision - 2002.doc Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Area Map 4. Existing Site Plan 5. Proposed Site Plan 6. Proposed Grading Plan 7. Proposed Landscape Plan 8. Proposed Site Plan (and proposed parking and paving plan) 9. Written Narrative date- stamped April 30, 2002 10. Engineering Plan Review dated May 12, 2002, revised June 13, 2002 11. May 9 2002 Fetter from Ramsey/Washington Metro Watershed District 12. Traffic study dated June 10, 2002 13. Letter from Kristi Wheeler 14. Letter from Julie Knabe 15. May 7, 2002 letter from Crosbys a 16. Letter from Duellmans 17. May 12, 2002 letter from Diana Longrie -Kline 18. June 24, 2002 letter from Dick Freimuth 19. June 25, 2002 Statement from Kao Lee 20. Conditional Use Permit Revision Resolution 21. 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'`"� i.`J-��1-�S6.LCA�.l1' OO ws �f ". rows J J '!\ ~ �� \� • �2J 1 \ `� 1 1 lr /�%r- r r/ % / , �! f { � � 1 � � �" •`r-� •� � :rte-i8;-�- _� �-•\•'i�"'"ti�1i � ao ��i -� t�I -�-j �"j�� ��// -,.+"l f-tI' .+T �--- !--•;.� -�=-1= 5. .L� .`� `��- � • .,� �- , �f � aa.,..._ •eb `\ � �t. '�-�•''7.w•Y't � .� .� �.�. ...�1- _..3 .ter. • `•w� �•,.. _�. ry��. � •� The Morth 5 acres of the North one-half of the SoutbikestOuar er of the SouthHestIn orma'Ion based on survey Gary of Section 11, Township 241, tZonge 22, except the east 200 Feet thereoF, and except the dated 24, 1986 South 415 feet of the st 161 Peet of the North Flve aures of the Norht one-half of the 2. Partial topography Information and existing conditions based on Southwest one-quarter of the Southwest one-quarter of Section 11, Township 241, Range 22, Floward R. Green survey dated November T4, 199'1 according to the U5. Government survey thereoF� subjIect to MaMenemy Street. And 3. Total site areas = 153 ACRES excepting the North 4 feet of the West 161 Feet of the south Five acres of the North ten aures Existing Impervious area = 133 ACRES of the Southwest one-quarter of the Southwest one-quarter of Section 11, Township 241, 4. C15 existing parking stalls Rcinga 22, according in to the U.S. Government survey thereof; subject to McMenemy Street. And commencing at a point on the West One of Section 11, Township 241 Rancle 22, 5aid-poh►t beteg 166.418 Feet South from the Northwest corner of the Southwest 1%4 of the Southwest 1/4 e OF Section 11; , Lqw g thence East and Parallel with the North Line of said quarter section C 166.48 Feet; thence runnitng West and parallel wlht the North line of said quarter quarter Sectlon 1308.4 feet to the Intersection with the West line of said Section; thence running North along sold last named line 166A8 Feet to the place of beginning; exceptlnq therefrom the West 342 feet thereof; and except land described in Doaxnent No. 215% .. S i GRAPHIC SOLE 1".50' j 0 50 100 150 i i EXISTING SITE PLAN 13 :. • Attachment 5 NOTES I. contractor Is respom ble to volt the site prior to to assure stops of work Is understood and t3 call arch t1 or prior to for any ckr#1catlon needed�e will be no�lonal tortipertsatkxl for items that could hove been ckrtlod prior to ti�ldl submltals. 2. State Lem requires notification of pphheerr One Call 48 hours prior to beglmNtg work Cal 681-21=9 far location of utlllty owned Ides• P'1rNate utllltg INtes will not be located os port of Gopher One Cast, but can be Ixoted bg o contract locator or other Wltable means. Controctor b respomble far klcathg all utility Iktes prior to constructkm. S. All. ranaved btsk trees, call skxgn to be disposed of off site PROPOSED SITE PLAN 14 N w �s � E S GRAPHIC SCALE 1'•30• 0 30 100 130 4 N Attachment 6 u rur MMM WA i MIN ate_` •+-�� -- .��,� ♦WI We NOTES ' 1OTES at Poeta Fsrely IPOat Shall Be Oak L ConbwLta• Is respombW to vbit a..,it. to �r�q�,g•�rto �y KOC, or Steel) and Mount Noy Mire to posts. LEGEND fo vy of Ntwtstood lon iroe�l�t` �hww mH1 b. no p�ddt6ro Iq� ja spar! 300x. Fastin -- knn+o ant tepid haw b�w� akv PW prbr to bid wbmaoN. �'ro- Nisl.9aRintsPlaa. .� `. .r , ,f ,� ; �„ ,�„ �, — a02- PROP05ED GRADE - w kratsd a. put o► r6v °"'� r 1� w�'�`°'°r — 'ac��� - EXISTING GR�4DE par «rw to eon cairoctor ` 0" .i.10*1100 or- to hahad g"d•. --- 51 LT FENGE B' Nin. Oapth S. rwft is rkow tow bom of d to 4 tic1n. brlow top d aeb. p 019 or DISC Trench ® Lar in Fabric S Baeknll PROPERTY LINE N S. rUblla mterwb cep to w a1eo� d cimbrb old drt an a d" bomb. .. � �1d`" , f pr t = emtablWrnwt w , fit n or EROSION CONTROL 20' SETBACK ou,.r «m rob.., air oroy.ro.ia, aonh d !o w ►.nn�,.d, -- - id' °' w' `' ad SPOT ELEVATION �e s drag" CAF*Mtw r..Po..No Iar lwodm* .+Dawn CM&OL W E SI i GRAPHIC SCALE 1'•30' 0 50 100 130 PROPOSED GRADING PLAN 15 Attachment 7 E NOW -NEW 81ral i i w►vn rwra f� w rmr 241 VP irrueew n•�wt � dna :.•nae= =''^rs � � "a i„i ansa •fig ••rMID._�.� _. •st .•'+ • ••: r .tet. a ' , . . � • mss. r / ky �- -- "— lis ;t .` - . • :a + F- pw Tir�i r O.Lo- A. e` sr •, ; ..... 1'1 i T W-ii_t 1� L-Irf ,_ 1 1 1 1{ I I a .._. ... r R -r ppa�r� " r = ,• :s • . i I 1 1111{{t••("1'111 11Ki F-+ M:� , ` Cs -s-►) — t i f l l l l l t l l G 11I1111I► uIL o L `sf ra TOTAL FUTURE t PARKIN& STALLSr 44 ticca.�fa. Sns. b M -4LJN6 bA&h.� D -b 2.'w r kLrA NOMS it N' L t I. Gontrxtor Is responsible to visit the site prior to bidding to assurescnpe N of work is understood and Is to call architect or mer++gykwser pn k_ to bkkling For any clarification needed There will be no oddltronal compen sotlon for Rens that could have been clarified prior to bid mA mltols. 2. State Lar+ rec�Tres notRtcatlon of 6opl�er One Gott 46 hours prior to t"�l^9 work. Gat 651=454-0002 for location of utility os sed Imes. PrNate ut11 Imes will not be located as part a' Gopher One Gall, but can be booted by a c xt locator W E orother suitable means. Gontra�ctor Is responsible for Iocak" al utility Unes prior to construction. 9. Gontour•s and spot elevation are to finished gods. 4. Laidseope. islands to be backfilled to 4 Niches belom top of oeirb. S. Public streets are to be clean of debris and dirt an o dally basis. b. t=o=t of protect and establishment of vegetation or GRAPHIC t3CALE !'�tf0• attser surfaces, temporary erosion control to be removed. T All disturbed areas ore to be restored and seeded. Seeded areas p ep f00 !Sp to be Kiatered as needed for gennwition and sustaining gross through 1002 growing season. PROPOSED LANDSCAPE PLAN 16 Attachment 8 r�at� .new .,a �,�r+� �-�• / . _ CP- �,pllit.. a �,�._.a. ,_ — 11'lls�'� 1"Em a rT r' V - ,• �- r ..tyw-• r.w 1 (Siar �. _�.. _� S/rw / ©, �•na 11M::tt M�Y1..M S •.;.: f yam. tit FI. -NA E.a iw:. s 3 � Su�.rr'' +wi'ra — 1 •.. ..N. :M... -•fair: fPAWI I- - >t;: f I • � illll I � --.._.._................._.__ ..r 1 .,.: f �..� _� —� �.. � —� �_ �_ ararw wn► � __ � ._ —.. '711i�T � �� HO!! GAN. �' AREA GALGULATIONSr PARKING LAYOUT: LtGFITING Total area = '75cr 3 aes �5PHALT PAVEMENT DESIGN inervlous g area ea w ='4M �es t1on� ells Dom Gast Ilght filch res moth 25' pole. 15' MNDOT TYPE 415 I Owner to seikt. Mvj IS• MNaOT TYPE 32B BASE COURSE 254 Total Stalls Omkodhg 11 Han&4 p) 6' MNDOT C4A% 5 BASE Restr" exlstMg lot as shown an plan Future 4 30 parkk g stalls A 'V� >f/B•r a•r !/QY ot000 M' MOOT 9612 CONCRETE CURB c V GPAPMIC SCALE f'•50' 0 SO 100 170 SITE PLAN (AND PROPOSED PARKING AND PAVING PLAN) 17 4 N Attachment 9 St. Paul H ong Alliance Church 1 1770 McMenemy Street 13 Maplewood o Minnesota o 55117-2451 April 30, 2002 Ken Roberts City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: CUP Application Proposed Parking Lot Expansion St. Paul Hmong Alliance Church 1770 McMenemy St. Maplewood, MN 55127 Dear Mr. Roberts, APR 3 0 200 RECEIVED In accordance with our CUP application we are submitting a written description of the project and our reasons that the city should approve the application. The church is seeking approval from the city to expand out current parking lot, add a drive to Desoto Street, and construct a playground behind the current church. The church currently owns the land to the south of the existing parking lot and land to the east to Desoto Street. We would like to utilize this land to expand our parking and provide an additional drive. The current parking lot provides about 100 parking stalls. Our current attendance at morning services usually is about 450 people per service not including children and youth in the Sunday School classes. In the current situation, cars park on McMenemy, along the drive entrance aisle, and in the grass area adjacent to the south side of the existing parking lot. The number of cars can easily reach several hundred. In addition, to help control traffic flows at certain times we would like to construct a drive that connects to Desoto Street on the East. We know that the neighbors may not like this idea, however, we are willing to work with them to come to an agreement that would limit the times the drive would be open. For example, maybe the drive would be used as an exit only and/or the drive could be gated to restrict access. Also this second drive would allow additional access for emergency vehicles. We also want to build a small playground area on the east side of the church building. The churchhas a large number of children in its membership. Currently children have no area to play other than in areas where cars are parking. We look at this as providing a safe Phone 651-774-7955 Fax 651-774-1861 i place for, the children to play during certain times. We anticipate providing adult supervision for the playground area. We feel the city should approve our proposed project since it helps us meet our parking. needs, provides better emergency vehicle access and is in the - best interest of the neighborhood by reducing the on street parking and congestion. We feel the parking addition and new drive will allow us to use our current site for many years even as our membership continues to grow. We look forward working withcityin the approval process. If you have any questions or need additional information. please contact me at Best regards Kao Lee Parking Lot Plan Committee Chair Tel: 612-730-5335 (Cell) 19 Attachment 10 Engineering Plan Review PROJECT: St. Paul Hmong Alliance Church CHECKED BY: Erin Schacht and Chris Cavett, Maplewood Engineering Department DATE: 5/12/02, revised 6/13/02 The St. Paul Hmong Alliance Church is proposing to expand their parking lot and connect a new drive to DeSoto Street. They also are proposing a new pond and to expand the existing pond to compensate for additional runoff due to an increase in impervious area. As these ponds have no outlets, the engineer has sized them to retain runoff from a large storm event and infiltration can . be improved. Unlike the pond at the nearby Gardens Development, we are not recommending a fence due to the fact that slops are not as steep and the depth of the water is not expected to be very great. We recommend the following changes: SHEET C3 — Grading, Drainage & Erosion Control 1) Construct and prepare the ponding areas as infiltration areas. Add a requirement to the pond grading to: Deeply scarify the soils in the bottom of the ponding area following grading and again before planting the native vegetation and landscaping. For more information on bioretention basins please see the Metrocouncil BMP Manual at their web site: http://www.metrocouncil.ora/enviroment/Watershed/bmpmanual.htm 2) Provide drainage calculations for the northwest and eastern ponds. 3) A grading easement is required for any grading beyond the property line. 4) Where are the proposed silt fence and other erosion control measures? These items are not clearly marked on the plan. 5) To reduce the likelihood of an erosion problem, we strongly recommend that the drainage coming off the parking lot be picked up by an adequate number of catch basins and then be allowed to flow into the bottom of the pond through a pipe. Provide an emergency overflow from the low parking lot down into the pond. Line the overflow swale with permanent erosion control blanket, (Enkamat, Miramat, NAG C3 50 or equal). If the plan is to use curb cuts and spillways instead of catch basins and pipes, provide an exact detail of the spill way on the revised plans. The contractor must construct the spillway to, adequately protect the pond slope and to ensure that no erosion takes place. 20 SHEET C4 — Site Plan 1) Provide curb along the entire south and west sides of thearkin lot to direct p g storm water west into the pond. Provide curb openings or catch basins to manage runoff. SHEET L 1 —Landscape Plan 1) Provide a native turf establishment plan for the proposed ponding areas and additional landscaping in and around the eastern pond. MISC. Traffic Study — Staff Comments 1) Staff has reviewed the traffic study by Benshoof &Associates and concurs with its findings. DeSoto Street has relatively low traffic volumes and the traffic volumes that the church would add on Sunday mornings are reasonable for this type of street. In addition, the traffic volumes on Sunday morning would be similar to those experienced on a typical weekday a.m, peak hour. With the eventual reconstruction of DeSoto, (currently listed for 2005 in the CIP), the city can safely address most of the roadway safety concerns with a new street design. 2) Public safety concerns often arise from a level of comfort that a driver experiences on a roadway. In many cases, a lower level of comfort can result in safer traffic conditions because drivers are traveling at lowerspeeds and are paying more attention to their surroundings. When this is done intentionally, it is referred to as "Traffic Calming". 21 Ramsey -Washington Metro at 5/9/02 Ken Roberts Attachment 11 4. 1902 East County Road B District Maplewood, MN -55 109 (651)704-2089 fax: (651)704-2092 email: office@rwmwd.org Maplewood Community Development MAY 2002 1830 County Road B East Maplewood, MN 55109 RECEIVED Dear Mr. Roberts, This letter is in response to your request for a review on the 5t. Paul Hmong Alliance Church. This project has been approved by the Watershed Board and is on hold until the special provisions have been met. I am enclosing a copy of those provisions. Please call me if you have any questions. Sincerely, Karl Hammers District Technician - 22 02-23 Special Provisions 1. Low floor elevations shall be provided for all buildings surrounding the property, 2. Calculations shall be submitted for the storm water detentionond. The calculations ons shall show that the low floor elevation of all surrounding buildings is a minimum of 5 feet above the 100 -year flood elevation of the pond. The normal water elevation of the detention pond shall be considered as the bottom of the pond (lowest elevation) or the elevation at which mottled soil is encountered, whichever is higher. 3. All storm sewers shall outlet at the bottom of the storm water detention pond. 4. An overflow swale shall be installed from the parking lot to the bottom of the storm p g water detention pond. The swale shall be 1 foot deep, 10 feet completely wide and com letel lined with permanent'synthetic erosion control fabric. MAY 1 o '2002 RECEIVED 23 JUN -10-2002 13=44 HENSHOOF & ASSOC. Attachment 12- . 952 238 16?1 P.02i06 BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 10417 EXCELSIOR BOULEVARD. SUITE 1'WO / HOPKINS, MN 5 343 / (852) 238.1867 / FAX (952) 23&1871 June 10, 2002 Refer to File., - OZ -43 MEMORANDUM JUN i 0 2002 TO: Kao Lee, St. Paul ong AlliancAe, Church RE,'CEIV,ED FROM: James A. Bensho�and Aravind Gott emukkula RE: Review of Traffic Feasibility pertaining to Proposed Church Driveway on Desoto Street PURPOSE AND BACKGROUND This memorandum is to present the results of our 1eview of the• • traffic feasibility pertaining to the proposed Church driveway on Desoto Street. The Church in discussion, � n, called the St, Pau[ Hmong Alliance Church, is located between NfcMenem Street and e Y Desoto Street, south of R,oselawn Avenue, in the City of Maplewood. The figure on the follow in page - • As shown i g p g shows the project location. n this figure, one driveway on McMenemy Street resent) provides Church. presently p ovides sole access to the Consistent with the Church's concerns, our observations � • 2 of Church traffic activity on Sunday, June 2002* indicate that the existing driveway is ex encncin p g c ongestion for few hours on Sunday mornings. Also, the existing demand for parking spaces exceeds • . P g p ds the existing supply, To alleviate congestion at the existing driveway and to effective) meet their parking . Y p rk�ng needs, the Church proposes to construct a new dnveway.on Desoto Street and increase the numbe on the Chinch roe r of parking spaces P P rt'Y• - EXISTING CONDITIONS ON DESOTO STREET AND PLANNED IMPROVEMENTS Desoto Street is a 22 feet wide two-lane residential street - i . -The speed limit on Desoto Street s 30 miles per hour. Desoto Street south of Ripley Avenue h - both sides. � P y has multiple curves and dense vegetation on Driveways on Desoto Street south of Ripley Avenue have Iinuted sight di stance due tothe dense vegetation along the street. To understand existing traffic patterns on Desoto • roller P Street and effectively estimate future changes, we Collected two-way traffic volume data on Desoto Streetg ' rust south of Roselawn Avenue on Sunday, y' June 2, ZQOZ. We observed that 64 vehicles used Desoto Street south of Roselawn Avenue between 10:00 and 11:00 a.m. (peak hour for Church traffic). From our counts, a total of 947 vehicles used Desoto Street south of Roselawn Avenue on the day of our traffic count. 24 JUN -10-2002 13=45 BENSHOOF & ASSOC. �p Sandy C Lake SK ILL MAN AVE. ►-= ►- v `- %n VERNON AVE. Oehrtine ao DOWNS AVE. �- z 0 a o O a SELLWO00 AVE. SUMMER AVE. QQ-. SUAI R c� C T = W r r- LA v 4� a CL 4V 0 0 LARPE NTEUR ` a WHEELOCK rZ�BE 55 B.1E L ow IA N :.RT APPROXIMATE SCALE v9 0 1000' 952 238 16?1 P. 03/06 a. o .� ►- v `- Q 58 � �. > Oehrtine ao FLD RIDGE m z E a o Z w Cr -V T. VER NON E. Z W a 4 o BELL40NT LA. W ROSELAWN o � B E. Ll c Sx IlL�IaN AVE, SX 1� cc a W BE A a. o .� ►- v `- Q 58 � �. > Z � .7� aC ao a M T. VE RN a o w Cr -V T. VER NON AyE. Z W a .,J �' W ROSELAWN �" .W.1 w ate. m Ll c cc BE OoD A VE. w /cam C w z HMONG W � U MER U. Z W CHURCH SITE � \RIPLEY AVE, � N V "r RIPL EY AVE. ,.-- -� EXISTING �.. �'' > DRIVEWAY � = PROPOSED z � DRIVEWAY V) K iNGS TON AVE, ui cr. KINGSYaN AV 4J v V 4, PRICE z AVE. C3 cr.�n A V E. I- a. PKWY, v °� E- CALI FORMA }.: �0 � o E. IDA HO Q z � 0 s� . • E. IOWA AV .� 04 57 E a - cr HO Y T w Ln � w E Ln a� BION T ANA M -- E. Q NE BRASXA in tA LA V E. NEVA DA N 5 Es ARLINGTON AVE. TT I I � ST. PAUL HMONG ALLIANCE CHURCH BBN3HOOF d, ASSOCIATES, INC. TRANSPORTATION EN6INEEIIi ANO /LINNE110 REVIEW OF TRAFFIC FEASIBILITY PERTAINING PROJECT LOCATION TO THE PROPOSED CHURCH DRIVEWAY ON DESOTO ST. 25 JUN -10-2002 13=45 BENSHOOF & ASSOC. 952 238 1671 P. 04/06 Mr. Kao Lee -3- June un 10, , 20'02 To address potential impacts of Church traffic on Desoto Street south of' the proposed driveway location (north of Larpenteur Avenue), we have estimated existing on Desoto Street at this location based on traffic volume information provided by the Cit and based on our co 02 200 y ants °n Sunday, June 2, We estimate that 3 7 vehicles presently are, usingDesoto Street north La enteur Avenue betty hof rP between the hours of 10:00 and 11:00 a.m. on Sunday mornings. A daily total of about 600 vehicles are presently using' g y p y sing Desoto Street north o f Larpenteur Avenue on a Sunday, Y As part of their capital improvement program, the Ci of Maplewood plewood has plans to widen Desoto Street Brom its current 22 feet to 2832 feet. This improvement would be P accomplished in the next three to five years. The City anticipates no changes in traffic volumes as a g result of this improvement. TRAFFIC CHANCES ON DESOTO STREET UPON COMPLETION OF THE PROPOSED CHURCH DRIVEWAY To effectively forecast changes in traffic patterns upon completion driveway,P P n of the proposed Church we collected traffic volumes on the existing Church driveway on Sunda u A total of 259 vehicles we �' y, Jun. 02, 2002. re recorded during the peak hour for the Church (10:00 — 11:00 a.m.. A daily total of 1 451 vehicles � were recorded on the day of the count. We also observed traffic patterns at the Church driveway and at the intersection of McMenem Street Y and Laipenteur Avenue. Based on our observations, we determined that the existing Church traffic on aun distributed in the following manner: S day is • 50 percent to and from the west on LaiP enteur Avenue • 18 percent_rpto and fmm the east on La enteur Avenue • 18 percent to and from the south on McMenemy Street • 2 percent to and from the north on McMenemY Street • 8 percent to and from the west on Roselawn Avenue 2 percent to and from the east on Roselawn Avenue • 2 percent to and from the north on Desoto Street Next, anticipating that most motorists use the most convenient route to get to their destination, we estimated directional percentages for Church traffic after c • completion of the proposed driveway on Desoto Street. We estimate that the entire 18trent La Pe of vehicles presently to and from the east on rpenteur Avenue would use the new driveway on Desoto Street. 've of the vehicles F� percent hof the 18 percent) presently to and from the south on McMenern Street Ve driveway.Also the Y would use the new Church h two percent of the vehicles to and from the east on Roselawn Avenue, and two percent to and from the north on Desoto Street would use the new driveway. of the rernainin vehiclesY We estimate that all g would use the existing driveway on McMenem Street u� of the proposed drivewayon Desoto y pori completion Street. Based on the directional percentages resented . g presented for Church traffic after com letion of the proposed driveway, we determined volumes o P of i,a n Desoto Street south of Roselawn Avenue and north rpenteur Avenue, both during the peak hour for the Church and fore � whole day on a Sunday. The resultant volumes are shown in the following table. 26 JUN -10-2002 13=45 HENSHOOF & ASSOC. 952 238 1671 P.05/06 Mr. Kao Lee -4- June 10, 2002 Two -'Way Volumes on Desoto Street on a Typical Sunday South of RoseLarwo Avenue North of Lar enteur Avenue Time Period Existing With Proposed, Existing g With Proposed Driveway Driveway Church Peak Hour (10:00- 1 1:00a.m.64 74 37 97 Daily 947 1 005 600 934 COMMENTS RIEGAARDING TRAFFIC FEASIBILITY OF THE PROPOSED DRIVEWAY ON DESOTO STREET Based on the traffic volume data we collected, our observations at thei e s t ,and review of information presented earlier in this memorandum, we have establishedeve s ral comments ..regarding the traffic feasibility of the proposed Church drivewayDesoto on o Street. All ourcomments fall under one of the following three categories: • Traffic Effects on Desoto Street to the North of the Proposed Driveway eway The peak hour volume of 74 vehicles on Desoto StreetVust South th o f Roselawn Avenue) after completion of the proposed driveway is less than the existing sting weekday a.m. peak hour volume of 89 vehiclesour counts on Tuesday day June 4, 2002). Thus, the traffic effects on this peak Sunday morning hour will be less than experience during the typical weekday a.m. peak hour. The daily volume of 1,005 vehicles on a Sunda is within the range o _ y typical daily volume g f 400 1,500 vehicles for local streets("Residential Streets ' ' 20011' c .. ,Third Edition, co -published by the Institute of Transportation Engineers). • Traffic Effects on Desoto Street to the South of the Proposed Driveway The daily volume of 934 vehicles on a Sunda is within the ' Y typical dally volume range of400 1,500 vehicles for local streets("Residential 'Streets, Third Edition, 2001 , co -published by the Institute of Transportation Engineers'). P g� rs). 06 The impacts of the volume increase on this segment o e ' gm f Desoto Street will not be significant, because there are fewer than 10 homes along DeSoto Street south of the proposed driveway location. Also, this volume condition would occur r only for few hours on one day per week. • Traffic Effects at the - Proposed Dnvewa P y Intersection on Desoto Street The proposed driveway will reduce dela for Church ' Church trafficy users by splitting the total between the two driveways. In addition due � to the shift of a portion of the vehicles to the new driveway, the volume on Mc1Vlenem Street will reduced. y be To address the subject of safety at the driveway, we measured sight distance to the north and the south of the proposed driveway location and coordinated our 27 JUN -10-2002 13:46 Mr. Kao Lee BENSHOOF & ASSOC. -5- 952 238 1671 P.06i06 June 10, 2002 measurements with the standards published by the Minnesota Department of Transportation. Our conclusion is that adequate sight distance will be provided at the proposed driveway on Desoto Street, In addition, the existing sight distance likely will be increased in conjunction with the planned reconstruction of Desoto Street. CONCLUSION Based on the information presented. in this memorandum, we recommend that thePo ro sed P driveway be constructed for the following three reasons: a) The proposed driveway will not create adverse impacts on Desoto Street. b) The proposed driveway improves convenience for Church users, c). The proposed driveway will reduce the Sunday traffic volume on McMenemy Street. 28 TOTAL P.06 Attachment 13 Kenneth Roberts Office of Community Development City of Maplewood 1830 East County Road B Maplewood, MN. 55109 Dear Kenneth Roberts: I appreciated our telephone conversation last week. As I mentioned, a number of families on DeSoto Street have' been very concerned .about the proposal to add 159 parking spaces as well as another driveway to/from the church with an outlet on DeSoto Street. As you know, DeSoto Street is an old, narrow winding county road. When o u r family moved. there almost 15 years ago, it was a very quiet neighborhood bordered by woods and fields. It was this peaceful character which attracted many of the present families who have young children. Within the last ten years, 'a new housing development has sprung up west of DeSoto on Ripley Street,- the Church was built and then later. expanded, and, most recently, a large new senior housing complex has been added at t h e north end of the street at DeSoto and Roselawn. All this development has . changed and greatly, increased the traffic flow in the neighborhood a n d made it far more dangerous for residents to walk along the street -- particularly with children. My own children are grown, but I am now caring for grandchildren. The fact that the church has planned to keep the east gates locked during most of the week has been reassuring, but, for a number of residents across from the driveway, the prospect of trying to back out of our homes into even more oncoming traffic on Sunday mornings would be extremely dangerous a n d remains a very serious concern. Widening the street in the future would be costly and still not solve this serious safety issue. Thank you for the opportunity to share our views. Sincerely, v Krist Wheeler 1780 DeSoto Street Maplewood, MN. 55117 29 Z�i1 S 2I 3dduHS IQtB n.Z,��3H,I Attachment 14 + XV A Gra ' Z ...................................... z . ..... .. .................................................................................................._.....,. �. ..... ............................-0 MAY ........ le)l 114256-," ;9::F. 132002 ;oxo wift 07 % -�' ' i/ �'' t�','' 4/�'�/c' ��'•��G�YL� •' %'�:'-C ''% Wit" /s��T```•'r�Ii+�� .100 eolooi� *00 f' 402--e �. �.. 00, �.'eF r,.•�4p� e%4:: ,f4 6�ee ; ep, .�''f�f 047 ` G.. /A-'' X10 7715 ; Z 41 4) J evlAloe- 07 roy� 7 7144107/ TDO�. .. Sf?3 3ddfi.HS .tcIi�Q c� .1�.L ''m 1Fay, 30 Attachment 15 May 7, 2002 To: Kenneth Roberts - Associate Planner From: Dale Crosbyand Debra Jensen -_ ` `M -'1i 1801 Desoto St. N.A Y 1 3 911 Maplewod, MN. 55117-2407 RE: Proposed Hmong Alliance Church Expansion Dear Mr. Roberts, In regards to the proposal for the expansion of parking, and the addition of a playground for the Hmong Alliance Church. We find these to be appropriate additions for the betterment of the congregation, with little negative impact on the neighborhood. I would only request that the lighting be directed away from the rear of the churches property boardering my lot. This allows our childrens bedrooms located on the West side of my home to be unchanged by the additional lighting. We do strongly object to the addition of the exit directed to Desoto Street. Desoto is a quiet, older street, and simply not modern enough to accomodate the addition of even a portion of the proposed 2000 membership traffic. The proposed access to Desoto creates increased noise, and a danger to the children of the area who can now walk and ride their bikes without the threat of this proposed increased traffic. We enjoy the peace, and quiet atmosphere of Desoto Street. have lived here for 40 years, safety and quiet are the foremost reasons my family and I choose to live here. We all enjoy the absense of rushing traffic. For our family's safety and for our peace of mind, my family and I all object to the addition. of this driveway access to Desoto Street. In a meeting with my neighbors, we all agree against the additional traffic caused by the driveway. The danger to our children greatly outweighs the potental benefit for access to the church. Thank you for your consideration in this matter, Dale Crqs Debra Jensen Don Crosby J-A)4-j� -&20� '7Amber Crosby Sean Crosby 31 0 6 Eric Crosby Alex Crosby �3 MAY -26-2002 05:08P FF OM : AUDREY DUELLMAN 6517938114 1 U: bt) 1 ( (04VJ Attachment 16 To Ken Roberts and Associate planners for the city of Maplewood: From: Tom and Audrey Duellman - 1843 Desoto -Maplewood MAY 21,200 We are concerned about the proposal to make an exit onto DesotpE C El Street from the church on McMenemy Street. Desoto Street is a small — narrow street that is saturated with traffic now. Additional traffic is not wanted. In the last few years we have added traffic from. the -north (from the apartments north of Roselawn). From. the east the addition of Ripley and Burr and Bellwood houses were added, and Ripley sty. to the west of Desoto,, and recently the new apartment on the comer of Desoto and Roselawn. This has created a lot of traffic. We are at our maximum capacity. Another thing, is there is a entrance problem to Larpentuer because of limited vision from the bridge on Larpentuer. Mcmenemy St. is a wide street that does not have a lot of traffic at this point and this has a much better traffic flow than Desoto st. We feel that the church could create a better traffic flow within their property to solve their .problem. Maybe aone-way drive — a bigger entrance onto Mcmenemy st. or possibly two driveways. One in and one out to go with a circular one-way road. They have a lot of property to work with and should be able to do something that will not affect the neighbors. Y know Desoto St. is going to be redone in a few years but it still will be a small narrow road and the improvements will be nice - but will not warrant additional traffic. Thanks for any consideration and we would like to be informed of any and all meetings that pertain to this project. • '1 32 _ �47__e May 12, 2002 Mr. Ken Roberts City of Maplewood 1830 East County Road B Maplewood, MN 55109 RF: CUP Application Proposed Parking Lot Expansion St. Paul Hmong Alliance Church 1770 McMenemy St. Maplewood, MN 55117 Dear Mr. Roberts: Attachment 17 As requested in your letter dated May 2, 2002, I am providing my comments and input regarding the CUP application of the St. Paul Hmong Alliance Church to construct a playground, expand their existing parking lot, and develop a driveway to feed onto DeSoto Street. Construction of the playground. I have no comments, constructive suggestions, or objection to the construction of the play ground. As a home owner at 1778 DeSoto for over 18 years, I am happy the church's membership is growing and that the children attend church with their caregivers. Children need a safe place to. congregate and play. Expansion of current parking lot. I attended the neighborhood meeting held with regard to the church's proposal and I appreciate their need to expand their parking lot. It is my understanding that often the cars are double parked, parked on the grass, parked along the driveway leading to the church, and parked along McMenemy. While safety, accessibility for emergency vehicles, and increased church membership are cited as the supporting reasons for increasing the existing parking lot, certain questions remained unanswered. How would adding an additional service alleviate the parking problem? What is Maplewood's parking requirement regarding the number of parking spaces per square footage of building or per building capacity? If the church is planning on future expansion as depicted in the plans submitted, what level of parking will be required? How much space is required around the perimeter of a parking field to allow for the accessibility of emergency vehicles to the church? I have no particular objection to the church expanding their parking lot, but I would like to see the above questions addressed. Particularly, I think it is important to know what the objective criteria is for determining what amount of parking is needed today and what level of parking will be required in the future to meet obvious plans to expand the church. In addition to increasing the number of parking spaces, I feel the church may need to provide solutions within their control such as adding more services. 33 Page 2 CUP Application Development of a driveway to feed onto DeSoto Street. I am absolutely opposed to this proposal. Attached to my letter is a copy of the deed to 1768 McMenemy Street, showing the property is owned by the church and my hand drawn additions to the site plan provided in your letter illustrating several of my comments and suggestions that follow. I hope that you have the opportunity to go to the proposed access road location and observe the topography of the land. DeSoto is a very narrow secondary street that can not accommodate the increased traffic to and from the church if the church is permitted to construct a driveway to feed onto DeSoto Street. Additionally, such a development is a safety hazard for those people living on that portion of DeSoto Street affected by the proposal. The homes are close to the road, there are many walkers, joggers and children on bikes. , DeSoto Street is half the street McMenemy is. DeSoto has no shoulders, is very narrow, has a couple of tight curves and has a road base designed for a low amount of traffic. Additionally, the proposed location for the access drive to feed onto DeSoto is directly across from a blind private driveway that serves three homes. This private driveway is my private driveway and is right next to my house. The two homes behind me that are also served by this driveway have an address of Burr Street; a street which does not actually exist at this location. One of the homes is actually land locked and has access to DeSoto by virtue of an easement over this blind private driveway. While the private drive does connect DeSoto Street to Kingston, it is down a very .steep hill, with two 90 degree curves. Occasionally unauthorized joy riders and people in four wheel drives like to use the driveway to as a "short cut" or an exciting driving experience. A little further to the south of my blind driveway are five other blind driveways. Imagine the safety hazard with cars going to church and leaving church from DeSoto Street and the large number of blind driveways. The topography around this section of DeSoto Street is not flat. Upon close inspection of the site plan, it is easy to see that the church and the proposed church expansion are closer to DeSoto Street than to McMenemy. If 'the church is having trouble with church members parking on McMenemy and walking to the church, it is a very real possibility we will have problems with them parking on DeSoto Street if an access road to DeSoto is constructed. If anyone has ever driven on Roselawn when the church members of St. Jerome's are parked up and down Roselawn, it is easy to envision the havoc and danger such a situation will- create on DeSoto. Furthermore, DeSoto Street will become impassable and unusable each and every Sunday for all of the people who live on DeSoto. In a related side bar, the church suggests that the driveway will only be used on Sundays and will be gated. However, even if they could guarantee this is the only time the access drive would be used by cars and there would be a gate, people attending church functions during the week will park on DeSoto, which has no shoulders, and walk around the gate and up the driveway. 134 Page 3 CUP Application I have attached a copy of the deed to_ 1768 McMenemy showing that the church owns this property in addition to the property they have included as part of their proposal. I think this is important because I feel it provides the key to solving the issue of increased access to and from the church as well as providing for the safety needs of the people on DeSoto Street. I suggest that the driveway accessing McMenemy be widened to include a turn lane. This solution would require less road construction than developing an entirely new access drive to DeSoto. while the drainage areas along the current driveway and the new drainage area required for the additional parking area may need to be modified, this option should be seriously considered. If Maplewood's staff does not have enough information to fully evaluate this option, I ask that. they request the church have their engineers draw plans showing the same. McMenemy is a primary road. McMenemy is designed for heavy traffic. The fire station and the county garage are on McMenemy. If emergency vehicles need to get to the church, it makes sense that they would come from off of McMenemy Street and not drive a circumvented route to access the church from DeSoto Street. McMenemy is a straight road and the visibility along the street in either direction from the current driveway is much greater than is possible along DeSoto Street. Please call me at my work number, 612-761-1551 if you would like to discuss my comments in greater detail. Sincerely, Diana Longrie-Kline 35 1% L WcU0401-f STRM Op Form No. �4%81—VVARRANTY DEED blinnesota Uniform Convey ng 31anics (1978MO'rrmDaws Cc Minne!,?Dcits tndividua- ( - *'--- ---- ' - ' -- _ '- ' ' _�!z 5 � . . --%__ .. .. �. - . . . . . .. . - .... _ 1 14) to Corporation or Pat inership P U H F -HT 6, —7 �•;T- CM ?r!z No dellInquent ta---es and transfer entered Certific.t�-- 1 of Real Estate Valp� uired R fill: n,31 A Certificate of RealflEstdl j. cd V� J )-T-Y '0 tyauditor U U Z.. t IVV J ti eputy ST. .'E DEED TAX DUE HEREON: 114 5 �O Date: January 0 '19 88 (reserved for recording dta) Frank I. Cincotta and June W. Cincotta, Husb•and FOR .LU)IBLE CONSIDERATION, and and Wife Grantor (s), (rraritai statu.) id ::.::.hereby convey 0,) and warrant to Hn, ong Chris L i and f4issionary Alliance Church of the Chri Missionary Alliance st ian and a Corporation under the. laws of Minneso reato Gran-'.eell property in Ramsey County Minnesota, described as follows: t STAT ALUE CERT OF BY The South 05 foot of L the West 167 feet of the No L Korth five acres of the North 1 /2 (N 1/2) of the Southwest one—quarter (SW 1/4) of the Southwest one-quarter (SW 1/4" J Of SectiGn 17, Township 20, R a nge 22, J 531 according to the LS. Government survey thereof; subject to lelcMenemy Street. . ,�f,.H(,_;� ''':, .••j,; _......_..__.. _ . .. .. ..... .. ' .. \ Also �2L( STATE OF MINNE&OTA S le, June Vi. Cincotta �•=„ The North Southwest 4 feet of the West 167 feet of the South five (5) acres Of the North ten (10%) acres of the `4:: :::} L une—quarter (SW '1114) the Southwest one—quarter L (SW 1/4) Of Section 17, Township 29, Range 22, according to the U.S.uOvernmen t eurvoy thereof; subject to 11/1 cMenemy Street t STAT ALUE CERT OF BY NOTARIAL S'rA UP OR SEAL , Grantor (s). RRANK) kGNA URE OF PERSON TAKING ACKNOWLEDGMENT STEPHEN M. HICKC 1K Tar Statements "or the real provert ' .' :< ; „�,� "y YY dr-acnibcd in this imsf-Mment should L NOTARY PUBLIC — MINNESOTA be gent to (Inclu da n2=16 and addracia of Grantee); HENNEPIN COUNTY _ : 'l.s. { My C*Mrnluloa &Mk" THIS INSTRUMENT WAS DRAFTED DY (NAME AND A DDRESS): I Brody & Hickok ffmong Christian and Missionary Alliance Church Suite #220 '768 McMenemy 2233 N. Hamline Ave. Roseville, MNMaplewood. 55113 M 55117 AGRICLILT-Mi All, CCk\1�EP,'V1'AT1C?,q FEE PAID -V -m cal��L J Ty 37 Title Insurance NA: h rl, V ri�-Mvl Sion— x-, St . Paul Ab-stract A VVII 012-27.03 more space is needed, continue on back) together with all h ereditamentS and appurtenances belonging thereto, subject to the following exceptions: 0., J 4 7 e J J 531 7, Seller: Frank I. Cincotta A . ,�f,.H(,_;� ''':, .••j,; _......_..__.. _ . .. .. ..... .. ' .. \ •.�� �2L( STATE OF MINNE&OTA S le, June Vi. Cincotta COUNTY OF Ramsey r rMe fo egoing instrument was acknowledged before me thiS 6th January Frank ay of I. Cincotta and June W. Ci 198 by ncotta Husband and Wife L NOTARIAL S'rA UP OR SEAL , Grantor (s). RRANK) kGNA URE OF PERSON TAKING ACKNOWLEDGMENT STEPHEN M. HICKC 1K Tar Statements "or the real provert ' .' :< ; „�,� "y YY dr-acnibcd in this imsf-Mment should L NOTARY PUBLIC — MINNESOTA be gent to (Inclu da n2=16 and addracia of Grantee); HENNEPIN COUNTY _ : 'l.s. { My C*Mrnluloa &Mk" THIS INSTRUMENT WAS DRAFTED DY (NAME AND A DDRESS): I Brody & Hickok ffmong Christian and Missionary Alliance Church Suite #220 '768 McMenemy 2233 N. Hamline Ave. Roseville, MNMaplewood. 55113 M 55117 AGRICLILT-Mi All, CCk\1�EP,'V1'AT1C?,q FEE PAID -V -m cal��L J Ty 37 Title Insurance NA: h rl, V ri�-Mvl Sion— x-, St . Paul Ab-stract A VVII 012-27.03 June 24, 2002 Vick Freimuth 1802 Burr Street Maplewood, MN. 55117 651-483-6701 (Work) Maplewood City Hall 1830 East County Road B Maplewood, MN. 55109 651-772-0572 (Home) Attn.: Robert Cardinal, Mayor Ken Collins, City Council Member .Cathy Juenemann, City Council Member Marvin Koppen, City Council Member Julie Wasiluk, City Council Member Dear City Council Members; Attachment 18 JUN 2 6 2002 JUN 1 s t 2002 Received On June 16, 2002 the Maplewood Planning Commission heard a request from the Hmong Alliance Church to expand their parking lot, add a children's play area, and add a new entrance from Desoto Street. The City Council will be reviewing this application at the July 8, 2002 city Council meeting. At -the Planning Commission meeting many of my fellow neighbors spoke against the new entrance from Desoto Street, with a multitude of reasons that are in the meeting minutes. The applicant stated that it took thirty minutes to empty their parking lot on to McMenemy Street after a Sunday morning service. I felt that this duration seemed excessive. Likewise, Mr. Dick Dufresne, a fellow neighbor at 1721 Desoto Avenue, stated to the Commission that a 1000 car parking lot should be able to empty in one hour. There was no further discussion about this duration and even Mr. Benshoof, who did a traffic study for the Hmong Church, did not challenge or confirm the length of backup. I took it upon- myself to observe this past Sunday's exiting from the driveway at McMenemy. The following are my vehicle counts. I arrived at McMenemy Street at 10:08 AM on Sunday June 23, 2002. There were no cars parked on McMenemy Street. The following occurred between 10:08 until 10:23 - Vehicles exiting the church parking lot and going south: 2 Vehicles exiting the church parking lot and going north: 0 Vehicles passing the church driveway and heading south: 6 Vehicles passing the church driveway and heading north: 6 Of the six vehicles heading north on McMenemy, one turned into the Church parking lot. The following occurred between 10:23 until 10:34 - Vehicles exiting the church parking lot and going south: 93 Vehicles exiting the church parking lot and going north: 13 Vehicles passing the church driveway and heading south: 6 Vehicles passing the church driveway and heading north: 5 Of the six vehicles heading south on McMenemy, one turned into the Church .parking lot. Of the five vehicles heading north on McMenemy, four turned into the Church parking lot. 0 The following occurred between 10:34 until 10:45 - Vehicles exiting the church parking lot and going south: 10 Vehicles exiting the church parking lot and going north: 5 Vehicles passing the church driveway and heading south: 5 Vehicles passing the church driveway and heading north: 2 Of the five vehicles heading south on McMenemy, one turned into the Church parking lot. Of the two vehicles heading north on. McMenemy, one turned into the Church parking lot. To summarize the traffic patterns as observed on June 23, 2002 between 10:23 to 10:45, which is when 98.5% of the vehicles exited the Church parking lot: 121 vehicles exited the Church parking lot, of which 103 headed south and 18 headed north. 18 vehicles were on McMenemy Street, of which 11 were heading south and 7 were heading north. Of these 18 cars, seven (38%) turned into the Church parking lot. The following are my observations: 1. The majority of the Church parking lot (106 of 121 vehicles - 87.6%) was emptied in o. �X 11 minutes from 10:23-10:34. 2. 15 vehicles exited the Church parking lot in the following 11 minutes. 3. Of the total 153 vehicles traveling on McMenemy, including the Church traffic, 130 vehicles were associated with the Church -- this is 84.9%. It appears that the Church almost exclusively uses Mcmenemy, during this service time. 4. There were only 3 observances where McMenemy traffic slowed the exiting process from. the Church parking lot. One of these was due to the vehicle turning into the Church parking lot did not use their turn signal. 5. Some vehicles waited for the preceding exiting vehicle to proceed nearly a block before they exited, which slowed the process. 6. There is only one exit lane from the Church parking lot, if a right turn only lane was added, this would shorten the exit time. We hope that you would have time to visit our neighborhood and see that any additional traffic via Desoto will have a negative impact, In conclusion, it is clear that McMenemy can easily handle the Hmong Alliance Church parking lot, and a new access from Desoto Street is not needed. Thank you for your time. Sin re r eJ Dick Freimuth 1802 Burr Street Maplewood, MN 55117 Cc: Richard Fursman, City Manager Melinda Coleman, Asst. City Manager Tom Ekstrand, Asst. Community Development Director Iden Roberts, Assoc. Planner 39 Attachment 19 Attachment to the application for the St. Paul Hmong Alliance Church June 25, 2002 RE: Construction of Driveway to DeSoto Street: Based on the recommendation from the City Planning Commission, for the Playground and the . . yg parking lot, we, the church would like the Council to approve as is and we appreciate eve hin the pp � g Commission had considered for the church upon these two items. As for the driveway to DeSoto, the Planning Commission recommended that the City Council not approve the driveway. Yet, before closing the agenda, the chairperson of the PlanningCommission .. had asked the rest of the commissioners if they would recommend the driveway be constructed once DeSoto has been improved in 2005. The result was that all the commissioners recommend that the church reapply for approval to construct the driveway. As for the driveway to DeSoto, we are requesting that the City Council overturn the recommendation and approve our request to construct the driveway at the same time as the playground and the parking lot. Here are our reasons: I. The cost to build the drive -way today (this summer) at the - same time of construct thearkin • p g lot will be substantially less because, first; as time goes by materials and labor will increase and secondly, if everything is being built at the same time, the moving, traffic congestion and interruptions from heavy equipment which will affect the property and adjacent streets, cost for constructions, signs, barricades, re -submitting proposal, not to mention hearing like this one new reasons, new causes, will come -up, and all of this and more can be substantially reduce and eliminate if the drive -way is being approved today to build this year than seeking Pp a royal again g 4 to 5 years from now. 2. The planning comm0 10 ission discussed hiring of an officer to direct traffic. The cost of hiring an officer is about $25/hour according to the Maplewood Police Department. The minimum is (4) hours per day. This would mean that the church would have to spend $100.00 minimum per each Sunday _(weekend rate). The annual cost would be $5,200.00 or $78,000.00 minimum for the next 15 years. The cost of having the driveway is about $25,000.00 and it is good for at least the nem 15 years. The cost of having the new driveway is cheaper. 3. The church will be assessed for the cost of improving DeSoto. Street anytime it's being improved . g p or worked on. We feel that we have the right to use DeSoto Street today and tomorrow. 4. The driveway will includes speed bumps, private property signs, and stop signs on the driveway y by the entrance to DeSoto to control speeding cars and cut through motorists. 5. Our church employs (4) pastors, (1) maintenance personnel and (1) bookkeeper. These staff are working from 9 to 5, Monday to Friday. If these staffs are one of the concerns during weekdays, we will instruct our staffs to use solely the entrance from McMenemy and we are willing to place a gate and locks (subject to Fire and police code) by the driveway entrance from DeSoto from Sunday late afternoon until the next Sunday morning. We would not prefer to have the 40 gate but it can be accommodated if the council requires us to do so. Yet, please remember that sometime when we fence other people in, we usually forget that we too, are being fenced out. 6. Mr. Ken Roberts had mentioned during the planning commission session that both the Fire Marshall and Police Chief viewed the driveway not necessary but it is nice to have. Still we believe very strongly that with alternate driveways will surely better serve the fire and police emergency vehicles. We understand that emergency vehicles will use the shortest route to the location. However, alternative entrance to a location can be used when additional helps from other stations are needed or dust to get around a large property like this church. 7. The basic needs for the driveway is the same as having a second door or window for alternative exit in any house during emergency. Yes, they will also be used for ease of access but the main purpose is during emergency. 8. We believe that the residents from the tenants in the apartments on DeSoto, south of Roselawn, and those who live in DeSoto, north of Larpenteur will use DeSoto 24/7 toet to 3 5E. Why, y, because downtown St. Paul is that way, to the south. It is just common sense for those people to go that way. If DeSoto residents are trying to stop a few cars coming and going from the church to DeSoto only on Sunday, we feel that it is just not right. 9. There are residents who claim that the church is operating 24/7. We believe that we are not operating any different than any other churches. Our main services are only onSunday. Yet we have committees for groups such as prayer's group, youth group, elderly group, young couple group, etc. that they set their own meeting times and places. Many will use the church other than the time of services. 90% of the time these group committees will meet at church during the evening and* weekdays, but there are usually no more than 20 to 30 cars at time and everyone is using McMenemy Street. This should not cause any problem for residents by DeSoto Street. In conclusion, we feel that we have done enough to share our thoughts and our needs with the residents. We had conducted a community meeting and discuss on the issue of the church's plans on Monday April 22, 2002 @ 6 : 3 0pm. This was done prior to officially submitting the proposal to the city. This was why the residents knew about our proposal and started to contact the city. We feel that we are doing just about anything we can to accommodate the concerns of the neighbors and we are asking the City Council to have consideration upon the church by approving the driveway to DeSoto along with the playground and parking lot. This way the driveway can be constructed at the same time as the playground and the parking lot are being constructed. Best regards, Kao Lee Representative from St. Paul Hmong Alliance Church 41 Attachment 20 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the St. Paul Hmong Alliance Church applied for a revision to their conditional use permit because of their plans to enlarge their church parking lot, to add a driveway to DeSoto Street and to add a playground to their property. WHEREAS, this permit allows, the church and Sunday school. WHEREAS, this permit applies to 1770 McMenemy Street. The legal description is: Except South 95 feet of West 167 feet and except East 200 feet; the North 5 acres and except West 167 feet and except East 200 feet; the North 4 feet of South 5 acres; being in North 10 acres of Southwest 1/4 of Southwest 1/4 (subject to road and easements) in Section 27, Township 29, Range 22. And Commencing at a point on the West line of Section 17, Township 29, Range 22, said point being 166.98 feet South from the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 17; running thence East and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the East line of said quarter quarter Section, thence running South along the East line of said quarter quarter Section 166.98 feet; thence running West and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the West line of said Section; thence running North along said last named line 166.98 feet to the place of beginning; excepting therefrom the West 342 feet thereof; and except land described in Document No. 2137431. WHEREAS, the history of this conditional use permit is as follows: 1. On November 24, 1986, the city council granted a conditional use permit for a church at this location. 2. On June 17, 2002, the planning commission recommended that the city council approve this permit revision, except the addition of the new driveway to DeSoto Street. 3. The city council held a public hearing on July 8, 2002. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a 42 nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. This approval includes the parking lot expansion, the new driveway to DeSoto Street and the proposed playground. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood screening fences along the north side of the site. 4. The city council shall review this permit in one year. 5. The city council may require additional parking spaces if a parking shortage develops. 6. The plans for the future church addition and future gymnasium are not approved. These shall be submitted to the City Council for approval of a revised conditional use permit. 7. The city council may require the church to make changes to the site, including closing the new driveway to DeSoto Street, if the council deems it necessary or prudent, during future reviews of the conditional use permit. 8. The church shall provide adequate screening of the new parking lot and the new driveway from adjacent homes by planting, berming or both. The Maplewood City Council adopted this resolution on , 2002. 43 Attachment 21 Ken Roberts From: "Nancy Duff-Hruby" <neduff@earth link. net> To:<ken. roberts@ci.maplewood. mn. us> Sent: Monday, July 01, 2002 6:36 PM Subject: proposed revision to CUP for Hmong Alliance Church at 1770 McMenemy Street Dear Mr. Roberts, These are comments we would like considered by the city council when addressing this issue on July 8, 2002. We feel the proposed driveway to DeSoto Street is not a good idea. DeSoto Street is a narrow, curving asphalt road with no curb and gutter. In the last dozen or so years, it has seen a large increase in volume of traffic due to two housing developments on Ripley; one east of Desoto, and one west of Desoto, which both tie in to Desoto Street. Belmont Street was also connected from Edgerton to Desoto as part of the east housing development on Ripley. Last year, Rosoto Villas at Roselawn and Desoto was built, adding more traffic to DeSoto. If more traffic is continually added, it appears to us that in a short amount of time the City would face an expenditure to upgrade DeSoto. We like this street the way it is. There are already two wider, straight thoroughfares with curb and gutter in this area, one being McMenemy Street which fronts the Hmong church, and Edgerton 2 blocks to the east. In regard to Mr. Kao Lee's comment about emergency vehicle access, the Parkside Fire Station is on McMenemy just north of the church. It would seem it would be easiest to access the church from McMenemy,and it doesn't appear that an emergency vehicle of larger size ,would even be able to make the turn from narrow DeSoto Street. In regard to Mr. Lee's offer to work with the neighbors in limiting the times the driveway would be open, one would assume they would want it open during peak times, such as Sunday church . What good would it do to have it closed when there is little or no traffic? Thank you for your attention to our concerns. Sincerely, Wayne Hruby and Nancy Duff-Hruby 44 7/2/02 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JUNE 172 2002 a. Conditional Use Permit Revision — Hmong Alliance Church (1770 McMenemy Street) Mr. Roberts said the St. Paul Hmong Alliance Church, at 1770 McMenemy Street, is proposing to build an addition onto the south side of their existing parking lot. They also are proposing to add a playground to the east side of the church building and a new driveway from the expanded parking lot to DeSoto Street. The applicant is requesting: 1. A conditional use permit (CUP) revision. Specifically, they want city approval to change the approved site plan to expand their parking lot, to add the new driveway to DeSoto Street and to add a playground. The city code requires a CUP for churches. 2. Approval of project plans. On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. The church is meeting the conditions of their CUP and staff is not aware of problems, other than the traffic from the site, with the church. The proposed parking lot expansion meets the requirements forthe' CUP and would fit the site. If approved, the parking lot would grow from 95 spaces to 254 spaces (an increase of 159 spaces). This expansion should meet the parking needs of the church for the next several years. Proper landscaping and screening would ensure that nearby homes are buffered from the parking lot. The proposed playground should be a good fit and should not cause any problems. In addition, the city has approved several CUPs for church expansions in the past few years. Mr. Roberts said the proposed plans show a new driveway from the expanded parking lot to DeSoto Street. The neighbors near the church have mixed reactions to this part of the proposal. Those living on or near McMenemy Street thought the new driveway would be a good idea and those living on or near DeSoto Street thought that the new driveway was a poor or dangerous idea. One neighbor said the city should deny this project because there already is too much traffic from the church. City staff has not received any traffic complaints from neighbors about the existing church and parking lot layout. The new driveway to DeSoto Street however, is a change to the site and the area that is a concern to many of the neighbors. It is their opinion that DeSoto Street, because of its condition and design could not handle the additional traffic. The neighbors also are concerned that the additional traffic from the church would make DeSoto Street unsafe for pedestrians and for the homeowners on the street. Because of the neighbors' concerns, the church agreed to have a traffic study done. They hired Benshoof and Associates, Inc. to study the existing traffic patterns and to prepare an analysis of what will happen if the church adds the driveway to DeSoto Street. This study shows that about 60 additional vehicles would use DeSoto Street between the driveway and Larpenteur Avenue during the church peak hour on a Sunday morning. The study also notes that "the impacts of the volume increase on this segment of DeSoto Street will not be significant, because there are fewer than 10 homes along DeSoto Street south of the proposed driveway location. Also, this volume condition, would occur only for a few hours one day per week." The traffic study has three conclusions. Specifically, the traffic consultants recommend that the church construct the driveway for three reasons: 1. It will not create adverse impacts on DeSoto Street. 2. It will improve convenience for church users. 3. It will reduce the Sunday traffic volume on McMenemy Street. The city should monitor the parking demand and traffic situation and keep track of any complaints after the church completes the project. If traffic and parking problems occur, the city council could require the church to close the driveway to- DeSoto Street or make other changes to the site. Mr. Roberts said 31 properties within 350 feet of the church property were surveyed. There were 15 replies. Three were in favor, nine were opposed, and three had comments. Commissioner Trippler asked where DeSoto Street is in the future plans for upgrading and what its upgraded condition will be when it gets done? Mr. Cavett said DeSoto Street is on --the city's capital improvement plan for 2005. Beginning in the fall of 2004 the city will start holding neighborhood meetings to discuss the improvements and issues relating to DeSoto Street. This is a state aid street and is a minor collector street. When they do construction on those types of streets, they try to design the streets as narrow as possible. This preserves a neighborhood feel, reduces traffic, and hopefully slows speed down. They try to address traffic calming and pedestrian safety when they do construction projects like this. Commissioner Trippler said when he walked the site he noticed a steep drop in grade. Isn't a 7% drop in grade really steep for a driveway? Mr. Cavett said ideally the city would like to see a 5% drop in grade. Up to a 10% drop is acceptable, and the city standard is up to a 13% drop in grade. The applicant, Mr. Kao Lee, the parking lot plan committee chair, and representative for the Hmong Alliance Church at 1770 McMenemy Street addressed the commission. He said the church has been established since 1989. At the time they had only 600 members including children. They had constructed a little less than 100 parking spaces. Mr. Lee said adding the Sunday school and two church services is the reason they need to add more parking spaces to accommodate the additional people. Currently it takes the church visitors about 30 minutes to leave the parking lot. They feel their best interest is to have a driveway to DeSoto Street. They also base the need to have this driveway for emergency vehicles to have an alternate route out of the parking lot. They recently had an emergency and the fire chief told them they really should have an alternative way out of the parking lot. Commissioner Rossbach said the letters and comments from the neighbors have indicated that they believe the church could alleviate some of their traffic concerns by having additional church services. For instance having additional services on Saturday evening and having more than two services on Sundays. Mr. Lee said there has been some discussion in the church governing board regarding that. They believe church services should only be on Sundays. At this point they would prefer to continue Sunday services, but Saturday service is not out of the question permanently. Commissioner Trippler asked what the blocks of time are that the church is used? Is it only used on Sunday's? Mr. Lee said the first church service is from 9:00-10:30 a.m. and the second church service is from 12:00-1:30 p.m. The church is only used for services on Sundays. Commissioner Dierich asked if it would be possible to have a left turn only sign at the end of the driveway that goes to DeSoto Street? And would it be possible to bring the curbing around so that it encourages people to go to the left rather than the right? Mr. Lee said they would like the traffic to go down to Larpenteur Avenue. If the city decides that they will have a no right turn leaving the church parking lot, then the church will deal with that. If the people coming out from the church cannot go out to Larpenteur Avenue, then this will affect the people that live in that direction. Change is needed, he said. The church has a very long frontage on DeSoto Street and the church pays taxes on that property. The church has the right to use that frontage for a driveway. The church needs the driveway. It's not just that they want the driveway. Mr. Lee feels if the church gets the driveway, then they don't need a police officer directing traffic. One of the neighbors asked how many people the church currently serves at each of their church services. Mr. Lee said currently each service has between 600 and 700 people including children. A neighbor said the traffic study stated there would be about 50 to .60 cars coming out of each church service. He said that is hard to believe if there are 600-700 people at each service. That is between 1,200 and 1,400 people, and 50 to 60 cars do not seem nearly enough. He also asked if there is a school proposed at the church site at some time in the future? Mr. Roberts said the plans show a future addition and a future gymnasium, but that is not being approved at this time. A neighbor said there is traffic leaving from St. Jerome's Church as well which is a block and a half away. There is also traffic from the new 70 -unit apartment building at Roselawn Avenue on Sundays. If the church is used during the week, be aware that it is also on a school bus route. There are a lot of children getting on and off the bus in that area. It has become a regular racetrack, especially when school is out. The following neighbors spoke about the proposed parking lot expansion, driveway and playground addition: 1. Joe Kolasa, 1855 DeSoto Street North 2. Audrey Duellman,1843 DeSoto Street N. (also represented Joe Duellman at 1835 DeSoto St) -- 3. Lonny Piche, 1784 DeSoto Street North 4. Dale Crosby, 1801 DeSoto Street North 5. Dick DuFrene, 1721 DeSoto Street North 6. Connie Piche, 1784 DeSoto Street North 7. Diana Longrie-Kline, 1778 DeSoto Street North 8. Katie Freimuth, 1802 Burr Street North 9. Dick Freimuth, 1802 Burr Street North 10. Phyllis Hamill -Little, 1699 DeSoto Street North 11. Jeff Solum, 1858 DeSoto Street North 12. Amy Petterson, 1764 DeSoto Street North 13. Jon Carlson, 1856 DeSoto Street North 14. Kristi Wheeler, 1780 DeSoto Street North 15. Jolie Cummins, 1790 DeSoto Street North 16. James Benshoff, Benshoff & Associates, 10417 Excelsior Blvd. Suite Two, Hopkins These were some of the comments shared with the commission: a. If a school gets added to the church they will have to have buses coming in and going out DeSoto Street. They ask that the commission look and think ahead for the neighborhood. b. Emergency vehicles would be coming from McMenemy Street so keep that in mind with the redevelopment of DeSoto Street. c. The neighbors are very concerned about many of the issues and feel that it should be looked at one step at a time. d. DeSoto Street is a very narrow road and to widen it will be very costly. Because of the grade it would be very difficult. DeSoto Street is 24 feet wide and one neighbor said he heard the minimum standard is 28 feet wide. e. If there are two cars that meet on DeSoto Street and there is somebody on a bike, there is nowhere for that biker to go. He is surprised there has not been a head-on collision on that street yet. f. At the neighborhood meeting they heard the church would like their congregation to grow to 2,000 members. Currently their congregation is at 1,400 members or so. g. The church owns the house to the south. There has got to be something they can do, to exit from that property. Maybe getting rid of one of the ponds and making a four lane wide driveway exiting from the property would be a possibility. There are other alternatives. h. If you straighten out DeSoto Street, you are also allowing speeders to go even faster through that area. People have gone as fast as 70 mph until the curve in the road. That is what finally slows them down. People seem to think it is a racetrack. i. The church is a great neighbor to have. The neighborhood is just concerned about the safety and what is good for the neighborhood. j.* The church runs 6 to 7 nights a week with activities. It is a social gathering spot for the community and traffic will keep increasing. There are always kids playing in the parking lot all week. k. It does not make sense to make an changes until y g DeSoto Street is redone. Then they should take another look at the driveway addition after the playground,arkin lot and DeSoto Street changes are done. p g I. The traffic study company should have put a traffic counter down on the south end of the street towards Larpenteur Avenue. Even the applicant said many of the members leave from church that direction. m. The neighbors believe traffic complaints have been registered with the Y non-emer enc police g department. That traffic information should be checked out, provided, andut into the report. p p n. Maybe the applicant could hire a sheriff or police member to direct traffic out of thearkin lot. p g o. There are several blind driveways on DeSoto Street and it can be very dangerous to increase traffic on this stretch of road. p. The city should extend the notification process farther than 350 feet from thero osed p p development. It affects many people beyond that many feet. Perhaps even a mile away would be good. Even though the city puts up the proposed development signs with the telephone number to call for more information, often times you are driving too fast to write the phone number down or even see the phone number. Many times it is on too busy of a street and you cannot slow down or stop to see the telephone number. q. There are cars parking on McMenemy Street already from the overflow from the church. When the congregation grows they will be parking out on DeSoto Street as well. This will only cause more safety problems and exasperate the problem. With. the road being this narrow, if you have a car trying to get past the parked car with oncoming traffic, this could make for a dangerous situation. r. Many of the residents do not have property large enough to put in a turnaround in their driveway area. This would make it much safer backing out with the blind driveways. With the speed that drivers have, it can be quite dangerous trying to back out of your driveway. You need to take caution at all times. s. The apartment building on the other side of Roselawn Avenue is not a good neighbor. The . g homeowners by the proposed driveway will eventually move and then the homes will become rental properties. These changes will deteriorate the neighborhood. This is a neighborhood that is a nice place to raise a family. Houses that are affordable and the are neighbors good. g t. He thinks the church is making their problem the neighborhood's problem. It should not be that way. He wondered if the street could handle that kind of traffic. If they drive by his driveway every Sunday, he has to have a lot of traffic going by his residence. This would not make him happy. u. They bought the house because of the quietness of the neighborhood. Havingmore traffic will eliminate the quietness of the area. v. The neighbors feel that because of the structure of McMenemy Street the church should be using this street instead of DeSoto Street. They can solve their problem using part of the property they already own, but are choosing not to. w. This issue really boils down to convenience for the parishioners' verses safety. -- x. Why didn't the city do the traffic study instead of the applicant hiring a company to do the traffic study? y. The traffic study counted cars but did they count runners, walkers, and kids riding bikes? . There are people using this street too, not just cars. This is a safety issue for everyone. z...A neighbor said she has a child with Down Syndrome and she is concerned he will get out of her fenced in yard and run down the street and get run over with additional traffic from the church. Mr. James Benshoof with Benshoof and Associates, traffic consultant for the church, addressed the commission and made the following comments: *He said there is definitely a need for the second driveway on DeSoto Street for the Hmon g Alliance Church. *About 86% percent of the traffic leaving the church turns to the south onto McMenemy Street. *Benshoof and Associates did the traffic study on a Sunday and a Tuesday. Doing a traffic study once is pretty typical to get complete data. *Mr. Benshoof said there could be monitoring done by the city for the traffic and parking situation. If there were problems found the city could meet with the church andossibl shut down the p Y second driveway if need be. *Mr. Benshoff said there are approximately 934 cars that use DeSoto Street daily. This is fairly typical in a residential area regardless of the width of the street. A majority of the commission members said at this point they would vote for -the parking lot expansion and playground addition. After DeSoto Street is improved and widened, they would vote for the church to have a driveway at that time. Currently members felt there are other ways the church could improve traffic flow out of their parking lot. The church could add additional church services or hire a sheriff or police officer to direct traffic in and out of the parking lot for each church service. Many of the neighbors were not in favor of the driveway being added at any time, even after DeSoto Street is improved. The commission members would hope that the neighbors would take into consideration the needs of the church when the time comes to hear this proposal in the future for the additional driveway. Commissioner Rossbach moved to adopt the resolution on pages 37 and 38 of the staff report. This resolution revises the conditional use permit for a church at 1770 McMenemy Street. This permit is based on the standards for approval required by the code and subject to the following conditions (additions to the permit conditions are underlined; deletions are crossed out and changes are in bold): 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. This approval includes the parking lot expansion and the proposed playground. Denying the driveway access onto DeSoto Street. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. Regularly maintain the grounds and pick up the debris as well as maintain the decorative wood screening fences along the north side of the site. Seth 4. The city council shall review this permit in one year. 5. The city council may require additional parking spaces if a parking shortage develops. 6. The plans for the future church addition and future gymnasium are not approved. These shall be submitted to the city council for approval of a revised conditional use permit. 7. The city council may require the church to make changes to the site, if the council deems it necessa or prudent, du.ri'nq future reviews of the conditional use permit. 8. The church shall provide adequate screening of the new parking lot from adjacent homes byplanting, berminq or both. Commissioner Pearson seconded. Ayes —Dierich, Fischer Monahan-Junek Mueller, Pearson, Rossbach Nays --Trippler Commissioner Trippler voted nay because of the elimination of the driveway to DeSoto Street. Chairperson Fischer asked commission members if at the time DeSoto Street is improved would they vote yes for the driveway access onto DeSoto Street for the Hmong Alliance Church? Commission members said yes. Commissioner Mueller said he encourages the Hmong Alliance Church to reapply for the driveway access after DeSoto Street gets improved. The motion passed. This goes to the city council on July 8, 2002. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 25, 2002 b. Hmong Alliance Church —1770 McMenemy Street Ms. Finwall said the St. Paul Hmong Alliance Church, at 1770 McMenemy Street, is proposing to build an addition onto the south side of their existing parking lot. They also are proposing to add a playground to the east side of the church building and a new driveway from the expanded parking lot to DeSoto Street. The applicant is requesting: 1. A conditional use permit (CUP) revision. Specifically, they want city approval to change the approved site plan to expand their parking lot, to add the new driveway to DeSoto Street and to add a playground. The city code requires a CUP for churches. 2. Approval of project plans. On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. On June 17, 2002, the planning commission recommended the CUP but denied the driveway access onto DeSoto Street. The church is meeting the conditions of their CUP and staff is not aware of problems, other than the traffic from the site, with the church. The proposed parking lot expansion meets the requirements for the CUP and would fit the site. If approved, the parking lot would grow from 95 spaces to 254 spaces (an increase of 159 spaces). This expansion should meet the parking needs of the church for the next several years. Proper landscaping and screening will ensure that nearby homes are buffered from the parking lot. The proposed playground should be a good fit and' should not cause any problems. In addition, the city has approved several CUPs for church expansions in the past few years. Ms. Finwall said the proposed plans show a new driveway from the expanded parking lot to DeSoto Street. The neighbors near the church have mixed reactions to this part of the proposal. Those living on or near McMenemy Street thought the new driveway would be a good idea and those living on or. near DeSoto Street thought that the new driveway was a poor or dangerous idea. One neighbor said the city should deny this project because there already is too much traffic from the church. City staff has not received any traffic complaints about the existing church and parking lot layout. We understand, however, that the new driveway to DeSoto Street is a change to the site and the area that is a concern to many of the neighbors. It is their opinion that DeSoto Street, because of its condition and design, could not handle the additional traffic. The neighbors also are concerned that the additional traffic from the church would make DeSoto Street unsafe for pedestrians and for the homeowners on the street. Because of the neighbors' concerns, the church agreed to have a traffic study done. They hired Benshoof and Associates, Inc. to study the existing traffic patterns and to prepare an analysis of what will happen if the church adds the driveway to DeSoto Street. This study shows that about 60 additional vehicles would use DeSoto Street between the driveway and Larpenteur Avenue during the church peak hours on Sunday mornings. The study also notes that "the impacts of the volume increase on this _segment of DeSoto Street will not be significant, because there are fewer than 10 homes along DeSoto Street south of the proposed driveway location. Also, this volume condition would occur only for a few hours one day per week. The traffic study has three conditions. Specifically, the traffic consultants recommend that the. church construct the driveway for three reasons: 1. It will - not create adverse impacts on DeSoto Street. 2. It will improve convenience for church users. 3. It will reduce the Sunday traffic volume on McMenemy Street. The proposed landscaping plan shows the applicant planting trees and shrubs around the proposed ponding area and in the islands in the parking lot. The proposed plan, however, does not show additional landscaping along the south side of the new parking lot. Section 36- 27(a)(1) of the code says, "a landscaped and possible screened area of not less than twenty (20) feet in width shall be provided where a nonresidential use abuts a residentially zoned or planned property". "The code also says that the CDRB shall require shrubs or trees in this area (the 20 feet) unless they deem it not appropriate. In addition, Section 36-27(b)(4) of the code says, screening shall be provided where a parking lot is constructed next to a property that is used for single or double -dwelling use. The CDRB may waive this requirement if they determine that screening would not be needed or would not protect surrounding property values." Ms. Finwall said in this case, there is not a need for screening and landscaping along the entire south property line of the church property. Much of this area abuts the backyards of the houses at 1750 McMenemy Street and 1771 DeSoto Street. There is a need, however, to screen the south side of the parking lot and the new driveway to DeSoto Street when they are next to the adjacent houses. The code requires that such screening be at least six feet tall and be 80 percent opaque. The church may provide such screening with a fence, berming or trees. The applicant should provide a revised landscape plan that shows significant screening and landscaping along the south side of the parking lot and the new driveway to DeSoto Street in the areas next to the adjacent houses. This plan must meet the code requirements and should be subject to staff approval. The applicant provided the city engineer a grading plan. Staff does not have any major concerns with the proposed grading because of the substantial building setbacks and because there is a need for the additional parking. The applicant must provide, however, additional information before starting the grading. This includes an easement for the grading on the property to the south and a detailed grading and drainage plan that meets the conditions of the city engineer and the watershed district before the city will issue a building permit. Ms. Finwall said 31 properties within 350 feet of the church property were surveyed. There were 15 replies. Three were in favor, nine were opposed, and three had comments. Board member Olson said she is in favor of extending the driveway onto DeSoto Street. Board member Longrie-Kline said the reason she is not in favor of the driveway being put in is because the width of the street is only 22 feet. The traffic study was based on studies for streets 28 feet wide. There are spots on DeSoto Street that are only 20 feet wide. She said it is premature to put in a driveway onto DeSoto Street before the widening takes place. It is very dangerous having two cars going down the street and trying to pass. Barry Morgan, the civil engineer with Master Engineering in Minneapolis, addressed the board. They feel they can relocate some of the landscaping around the pond onto the property. The church still proposes to move forward with the driveway to DeSoto Street. The church only anticipates using this on Sunday's for church services. The church would be willing to put this in as a condition The traffic study indicates that 70 to 80 cars would be using that driveway onto DeSoto Street on Sundays. In their opinion, this will have a minimal effect on the neighborhood. Church services are from 9:00-10:30 a.m. and 12:00-1:30 p.m. and there are people coming and going for bible study as well. Chairperson Shankar asked Mr. Morgan if the entire pavement is going to be 1.5 inches MnDot? Mr. Morgan said the pavement design is pretty standard for light traffic situations. Chairperson Shankar asked if there is any traffic signage proposed on the parking lot? Mr. Morgan said they are probably proposing to do some painting on the parking lot to direct traffic flow and install a stop sign at the DeSoto Street driveway. Chairperson Shankar asked where the trash enclosure is now? Mr. Morgan said it is in the northeast portion of the parking lot. It does need to be updated as a past conditional use. Mr. Kao Lee, the applicant and parking lot plan committee chair for the Hmong Alliance Church at 1770 McMenemy Street, addressed the board. He said they propose to build a trash enclosure consisting of a three -sided concrete enclosure with a wooden gate with lock. Board member Olson asked the applicant if they have specific plans on the playground and the materials they would be using? Mr. Lee said they have not decided on a builder or the materials the playground would be made of yet. Board member Longrie-Kline asked Mr. Lee if the public would be using this playground? Mr. Lee said it is on the church property but it would be difficult to monitor who uses the playground equipment. In his opinion the church is a public place. Chairperson Shankar asked the applicant about the lighting plan. Mr. Morgan said regarding the lighting plan, the existing light poles will be removed. They will be replaced with four poles with double heads on the inside of the parking lot. They will be 25 - feet in height and cast down with a shoebox structure. They will, have a three-foot concrete base to protect from car traffic and snow plows. Board member Longrie-Kline asked the applicant if he knows how fast the congregation is growing and how long this parking lot will suit the church's needs? Mr. Lee said their goal is to see their congregation grow another 1,000 members in the next 10 years.. Currently the church is growing about 10% a year. Board member Longrie-Kline asked the applicant if he knew the capacity of the church. Mr. Lee said they currently can seat 400 to 500 and would like to seat up to 1,000 members in the future. Board member Longrie-Kline asked the applicant if they planned on using any fencing trees or berming for screening purposes? Mr. Morgan said they plan on using trees and berming. This would provide vegetation verses the maintenance of a fence. Chairperson Shankar opened the discussion to the public. Mr. Dick DuFrene of 1721 DeSoto Street, addressed the board. He said he lives on the stretch of DeSoto Street that is the narrowest. He is opposed to the driveway being put in for this proposal. This is basically because of the street width. People will exit the parking lot whichever is the quickest, because people are creatures of habit. He said one of the neighbors observed the parking lot on Sunday morning. There were no cars'' parked on McMenemy Street at all. It took 11 minutes to empty the parking lot. In a period of 40 minutes there was about 30 cars that entered the area and 10 of those cars entered the church site. He said maybe the idea of a driveway onto DeSoto Street should be revisited after the street is widened. Nobody is objecting to anything else but the driveway extension to DeSoto Street at this time. Board member Olson asked Mr. DuFrene if he is opposed to having sidewalks installed when DeSoto is widened and if he has seen people speed on this street? Mr. DuFrene said he has no problem with having sidewalks installed. People do speed on the street except when the road comes to a curve they have to slow way down. He has heard other neighbors speak about that but he doesn't really see too much of it where his house sits. If the city widened the street, put a retaining wall up and installed a sidewalk as a total package, he thinks it will be fine. Board member Longrie-Kline asked staff if they have gotten any reports of any. traffic complaints on DeSoto Street as opposed to traffic complaints on McMenemy Street? Ms. Finwall said she is not aware of the police reports. Mr. Jon Carlson of 1856 DeSoto Street addressed the board. He has reported many traffic complaints for DeSoto Street just about every week. The traffic complaints were mostly from drag. racers going up and down the street. He brought up at the last meeting that he thought the church could open up two driveways onto McMenemy Street to alleviate more of the congestion to empty the parking lot easier. He also thought a police man directing traffic in and out of the parking lot would help. Sunday's are also peak times for families and neighbors to be outside as well. People are in school and at work during the week and on the weekends people tend to be outside more. He is in favor of sidewalks. He grew up in St. Paul and he enjoyed having sidewalks in his neighborhood. He sees a lot of traffic off of Roselawn Avenue. Especially since the 70 -unit complex was put in. Mr. Lonnie Piche of 1784 DeSoto Street addressed the board. He spoke about the varying rY g width of DeSoto Street. Parts of DeSoto Street are 20 feet and some are 24 feet. The engineers will have their hands full when they try to redesign or even straighten this road on DeSoto Street.. Some of the people only have a 20 foot front yard as it is and once you widen the road and possibly put sidewalks in that is going to take a lot of their front yards up. People are creatures of habit and they will enter and exit the fastest driveway possible. Board member Olson asked staff if the city engineer supports the driveway access onto DeSoto Street. Ms. Finwall said yes the city engineer supports the access onto DeSoto Street. Board member Longrie-Kline asked if the city engineer supported the driveway before DeSoto Street is widened or after it is widened? Ms. Finwall said the city engineer supports the driveway onto DeSoto before and after it is widened. Board member Olson said she likes the layout of the parking. lot and the ponding area. She is concerned about the fact that the applicant is running out of money to do the landscaping. Board member Longrie-Kline said she likes the parking lot layout as well and she believes the proper landscaping should be provided. Chairperson Shankar asked staff if it would be appropriate for the board to make two different motions for this proposal. One motion for the parking lot addition and playground and the other motion for the driveway onto DeSoto Street. Ms. Finwall said that would be appropriate. Board member Olson moved to approve the plans date-stamped April 30, 2002, for the parking lot expansion and playground additions on the St. Paul Hmong Alliance Church, 1770 McMenemy Street. The property owner shall meet the following conditions: (changes are in bold.) 1. Repeat this review in two years if the city has not issued a permit for this expansion. 2. Before starting the construction of the parking lot and provide for staff approval the following plans: a. A revised landscape plan that shows significant screening and landscaping along the south side of the parking lot and the new driveway to DeSoto Street in the areas next to the adjacent houses. Such screening shall be at least six feet tall and be 80 percent opaque and may be accomplished with a fence, berming or trees. b. Provide a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet ordinance requirements and all the plans shall ' meet the, requirements of the city engineer. If the grading plan shows the elimination of any mature trees (eight. inches in caliper or more)., the applicant shall replace these trees in accordance with the woodland protection ordinance. C. A revised lighting plan be submitted verifying the height and style of the parking lot lights. 3. Resod the lawn that is disturbed by construction activities. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. C. All work shall follow the approved plans. The director of community development may approve minor changes. d. The applicant shall provide plans for the playground equipment and design. e. The applicant shall restripe the parking lot on the westerly side. Board member Longrie-Kline seconded. The motion passed. Ayes —Longrie-Kline, Olson, Shankar Board member Olson moved to approve the driveway access onto DeSoto Street for the Hmong Alliance Church at 1770 McMenemy Street. Board member Shankar seconded. Ayes — Olson, Shankar Nays — Longrie-Kline The motion passed. This item goes to the city council on July 8, 2002. TO: FROM: DATE: SUBJECT: Richard Fursman, City Klan Bruce K. Anderson, Dire July 1, 2002 for the July Bid Opening MEMORANDUM Agenda Action by C •� Mtn Endor,je l Modified ---_� Formal bids will be opened on Wednesday, July 3, for the electrical hookup for the Hazelwood Park soccer lights and signage for the open space properties. Staff will be providing the city council with a staff report on Monday, July 8, for their consideration. Should you have any questions, please contact me at ext. 4573. kdWd©pen.mem AGENDA REPORT AGENDA ITEM Action by Council TO: Richard Fursman, City Manager Date Endorsed FROM. Charles Ahl, Director of Public Works ' ' � Nto�ified Ed N adeau, Utility Foreman Rejected SUBJECT: Sanitary Sewer Repair Program - Cured -in -Place Pipe, Project 02-06 — Award of Bid DATE: June 25, 2002 Introduction Three bids were received on May 31, 2002, for Cured -in -Place Pipe, Project 02-06. Insituform Technologies submitted the low bid of $84,778.65 for the proposal. Other bidders were Lametti & Sons, Inc. with a bid of $87,874.00 and Visu Sewer with $1239710.00. Recommendation It is recommended the City Council award the bid for Cured -in -Place Pipe, Project 02-06 to Insituform Technologies, based on their low bid of $84,778.65; and authorize the Finance Director to transfer the necessary funds from the Sanitary Sewer Utility Fund to the project fund. LAL an Attachments: Site Plan Bid Tabulation fz TAW i•�1w&��►� ,� aII`►�s 'Q .-.' GE WVAWSVl VWwC Uoo. " 1 SKRREN Avt. _-- -- •-.. Cwt'. �G K e Lake �� . � � 0 2 Z -0r N4. r cart AMC. � `� Z G AK. ur G writ iwt ~ uuR E ao v LAM �a.... WANE im d 9 u '~ �. o' 1700• 3400• s oo' 68 00 w 9 N Co. Rp. 911 IJ/ wSIIQI WN amANE(. *A. ® "t i » ) AK. Q G n w 9lY0Nt AVE. 1� E w�SCALE Nafs Av y/ iN S1. P i • A06I YAR►Jol flys. J C11IOOo AVE.AK. N. ! IKRNEY Avt. Aw IIAI. `� ASE• i n NORTH • AW ..)AINT PAUL AVC. carN �. . 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ONE� = -- --- -- ---r- _ -r--- - IF AW g ratY ONE AVE cc s Avg. fHIIFI tAti:c Ro _ ._____ --- 4 8UN `0 • °— r= .1 n PUBLIC IMPROVEMENT 02-06 N CURED -IN-PLACE PIPE LOCATION MAP TABULATION OF BIDS Pursuant to due call and notice thereof, a special meeting of the officials designated for a bid opening by the City Council of Maplewood was convened at 10:00 a.m., May 31, 2002. The purpose of this meeting was to receive, open and publicly read aloud bids for Cured -in -Place Pipe, Project 02-06. Present were: Ed Nadeau and Judy Wegwerth Following the reading of the notice of advertisement for bids, the following bids were opened and read: Bidder P_qual_ifed Amount Bid Bond Affidavit ADA Insituform Tech. X $84,778.65 5% Yes Yes Lametti & Sons, Inc. X $87,874.00 5% Yes Yes Visu-Sewer X $123,710.00 5% Yes Yes Pursuant to prior instruction of the council, the city clerk referred the bids received to the city engineer instructing him to tabulate same and report with his recommendation at the regular city council meeting of July 8, 2002. Meeting adjourned at 10:08 a.m. AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: July 1, 2002 RE: Intoxicating Liquor License — Acapulco Restaurante Mexicano Tntroducti on Agenda # �( Action by Council Date Endorsed MWied -Mon. J Jose Leon has submitted an application for an intoxicating and Sunday liquor license for Acapulco Mexican Restaurante located at 3 069 White Bear Avenue. Mr. Leon also has similar restaurants in Coon Rapids and Stillwater. Backgjound As required by City ordinance, the necessary background investigation was completed by the Police Department on Mr. Leon. During the background check the following organizations were contacted for information regarding the applicant: State and Federal criminal history check, State and Federal wants and warrants, State Motor Vehicle and Drivers License files, City of Maplewood, City of Stillwater, City of Coon Rapids, St. Paul Police Department, Minneapolis Police Department, Hennepin and Ramsey County. The background investigation revealed the following concerns: Failure of non-compliance for intoxicating liquor on December 3, 1999 and on April 8, 2000 at the Stillwater restaurant. Both incidents were the result of alcohol being sold to an underage person. Penalties for these violations were $250 and $500 with a three day suspension respectively. The Coon Rapids Police Department indicated that there was a report that involved the arrest of an underage person who admitted to consuming alcohol on June 7, 1997 at the restaurant stating that her ID had not been checked by the server. After this incident, the Coon Rapids Police Department issued a warning to the restaurant. Since April 8, 2000, there have been no further compliance violations at either restaurant. In addition to the liquor violations, Mr. Leon's brother Alex Leon, who works at the Coon Rapids restaurant and is an officer for the Maplewood restaurant, employed an individual who was working on getting his citizenship but did not have his alien resident ID yet. The Immigration and Naturalization Service was notified of this incident. Mr. Leon has been given a copy of the City Code of Ordinances that apply to being an intoxicating liquor license holder and he has met with Chief Winger on several occasions. In addition, attached you will find a letter to the file from Chief Winger regarding visits with Mr. Leon and both the Coon Rapids and Stillwater restaurants. Recommendation It is recommended that the City Council approve the liquor license application with conditions stipulated by Chief Winger as follows: Current hours are to remain the same as the Coon Rapids and Stillwater locations with the exception of Sunday: Monday through Friday 11:00 a.m. to 11:00 p.m., Saturday noon to 11:00 p.m. and Sunday 10:00 a.m. to 11:00 p.m. Applicant must join the Minnesota Licensed Beverage Association (MBCA). The MLBA will provide training and other resource material to handle issues associated in the liquor industry. The applicant has received information from the Chief regarding the MBCA. Alcohol compliance training must be received by all employees prior to opening and again in six -months. The training must be conducted by MLBA. All customers must be carded. Acapulco management will meet with Human Resource professionals to be trained in employment eligibility verification (US Department of Justice Immigration and Naturalization Service Form I-9). The requirements of Form I-9 must be strictly enforced. Outside patio seating will not be considered for at least one year from the time of opening. Failure to comply with the above requirements may result in the immediate suspension or revocation of the license. File: Tuesday, May 14, 2002 from about 2130 hours until 2200 hours I visited the Acapulco Mexican Restaurant at 1240 Frontage Road in Stillwater. I observed several people at the bar drinking beer and what I believed to be mixed drinks. All patrons appeared to be of legal age. I did not observe any new customers enter so I could not determine if they were "carded." There was no one eating, just the customers at the bar. The restaurant was clean and well maintained. Wednesday, May 15, 2002, from about 1830 hours until 2000 hours I visited the Acapulco Mexican Restaurant at 12759 Riverdale Boulevard in Coon Rapids. The business was crowded. with a waiting list to be seated. Most of the customers were there to eat as opposed to just drink. There were young children with adults and people from many age groups. I observed the wait staff card several younger looking people. The restaurant was clean and well maintained. My twenty- one-year-old son was carded. Friday, May 17, 2002, Deputy Chief Thomalla and I met with Jose Leon, the manager at the Acapulco Restaurant in Maplewood. He states he would like to open on/about July 1 st. When asked about violations at the other Acapulco Restaurants, Mr. Leon stated they have passed several compliance checks since their last failure. Saturday, May 26, 2002, from about 1830 hours until 2030 hours I visited the Acapulco Mexican Restaurant at 1240 Frontage Road in Stillwater. The business was crowded. Most of the customers were there to eat. I observed wait staff card people who appeared to be in their late 20's. Many patrons. were carded. The business was clean and well maintained. On May 30, 2002, I spoke with Stillwater Chief of Police Larry Daufeenbach. (651 351-4900) He states they have not had problems with Acapulco since April 2000. Since then they have passed five compliance checks. The most recent was on May 18, 2002. On June 12, 20025 I spoke with Coon Rapids Chief of Police Steve Wells. (763 767-6481) He stated their Acapulco Restaurant has never failed a compliance check. I asked if they would complete an additional compliance check by June 24th. He stated they would. On June 20, 2002, I received information from Chief Wells that Acapulco passed a compliance check on June 195 2002. On June 21, 2002, I met with Jose Leon, the applicant for the Acapulco Restaurant. He was given a list of possible license conditions. ,He stated he could comply with those conditions. I also gave him the application form for the Minnesota Licensed Beverage Association. I informed him the City Council may amend the conditions of the license. He would like to open in early July. The restaurant is near completion. It has two sections. One seats 84 the other 134. Donald S. Winger Chief of Police AGENDA REPORT TO: City Manager FROM: Assistant City Engineer SUBJECT: Beaver Lake T.H. Sanitary Sewer and Bike Path, Approving Plans and Advertising for Bids DATE: June 28, 2002 Introduction AGENDA ITEM . •'�; 11 rr Date Defied Ric City Project 01-09: esofflllul The city's consultant, URS, has completed final plans and specifications for the above referenced project. The city council will consider approving the plans and advertising for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, August 2, 2002. Award of bids would be considered by the city council at the August 12, 2002, city council meeting. The assessment roll and assessment hearing will be completed after bids have been received. Background Plans have been prepared for the replacement of an existing sanitary sewer trunk main which was constructed many years ago adjacent to Beaver Creek. The existing main is a combination of many materials that are unacceptable according to today's standards and has open joints that allow large quantities of ground water to leak into the pipe. This infiltration is billed to the city as sewage treatment charges. This project will replace this stretch of main. In addition, a bike path and sidewalk will be constructed during this project. The bike path will be constructed from Bartelmy Lane on the south, along the creek corridor and to Maryland/Sterling on the north. A sidewalk will also be constructed along Maryland Avenue between Lakewood Drive and Sterling Street. This project would begin in late August. Due to the complexity of the project and to ensure a competitive bid, staff has proposed to bid the project in such a way as to allow a portion of the project to be completed in the spring of 2003. Recommendation It is recommended that the city council approve the attached resolution Approving Plans and Advertising for Bids for the Beaver Lake T.H. Sanitary Sewer and Bike Path, City Project 01- 09. CMC jw Attachments: Site Plans Resolution City of Maplewood DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 1830 East County Road B Maplewood, Minnesota 55109 (651) 770-4550 FAX (651) 770-4506 AVE. 4' -� q = J a aeV43; 1m °G VE W1 � H U UP PER 28th ST. Z .� A ` ® VMTANA AVE. A MONTq�► > �i !1. W> tr s �i !I• S%_ � 27Th > fit' � s 14TANA c ca AVE. yh ►= H TEVLI [� CIR. .• 2 th S tr o T. $ r G1R• W >W! 2 :BRASKA AVE. a q 1 h NEBRASKA CT 'S' ZE' x 5'�•8 ' 48. '" ar 2g 0 4cW > A VEZa . 4`pJ�'Zt>lA O A ��41 RD` 00 sa 2 STh W S. t8:VADA 2b Ll AVE. z_ : p`� t3 CT. < 25th ST. N. 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PROJECT LOCATION North CITY PROJECT 01-09 0 rL 2000 S E 1 Thresher Square 700 Third Strut South mkoespols, MN 66416 612.370.0700 Tel 612.370.1378 Fax EXHIBIT 1 0, 0�% I - - - - - - - - - - - - - - - - - - - - - - - • IF maw. -vv6wks -_----'-- •' , , ; ' • !� :• Tva z / - --------- ------------ --------------- US 14 1196 o LL E _k r in < 0 jr w Z < < < ui LLJ CL 0 CL cn10 /'.. Ila z W Av 0� X 01W TT - 1 +� 1 / 1 �; 1 i 1 if 1 � 1 t / � /F li � «•A II lot ;4ss Hill F f f of ------ L— — — — — — — — — — — — — — — — — of t; i ----- ----- ; I f �� 1 ? % w W. cr_ W O 0. C3 1 1 t - a -_a �S i 'f ch 0 CL o- cn of 00 r Ab L — — — — — — — — — — — — — — rrT r — —,i Ila L _rr 21 6 m 1070C31 L J 0 - - - - - - - - -1 r 10 - CA: trs — — — — — — — — — — — — — rjr n Lij I C3 1 V07 y =1 / 1 1068 I �( i 1 __T_______- - - - - - - - - - - - - -co IIi liao .00 r n 11 1 1000 f, �' 1 I �,I L J LJ — — — — — — — — — — — — — — — — LJ rr - - c si I l--------------------- r� L L_J L J LP _j• �N 0 L J r-------- - - ------ - - - - f =I - - - - - - - - - � - - - r- _n r I I 1 1 L -I L LOIJ 0?1 r j jl 1 F L LJ- - - -+-•------ - - - - - - - --J - L 1041 1 —4, ] F= I 1 — — — — — — — — — — — 0 x •34Jt, i Imo. �' UW Isl; 1 TM 2 L F lo 1�v RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on June 24, 2002, plans and specifications for the Beaver Lake Town Homes Trunk Sanitary Sewer and Bike Path, Project 01-09, have been prepared by (or under the direction of) the city engineer, g who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10 a.m. on the 2nd day of August 2002 at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 12, 2002. AGENDA REPORT TO: City Manager FROM: Assistant City Engineer SUBJECT: Eldridge Avenue, City Project 01-29 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Resolution Ordering Assessment Hearing DATE: June 28, 2002 Introduction/Summary AGENDA ITEM ,:?7 Action by Council ,Date Endorsed Modified P,cjected The city council will consider approving the plans and advertising for bids, ordering preparation of the assessment roll, and ordering the assessment hearing for the Eldridge Avenue Improvement. Final plans and specifications for the above referenced project have been completed by the city's consultant, TKDA, and are ready to be advertised for bids. The proposed bid opening for this project would be scheduled for 10:15 a.m., Friday, August 2, 2002. Award of bids would be considered by the city council at the August 12, 2002, city council meeting. In addition, the assessment roll is unchanged from the feasibility study as these are standard assessments. The city council will consider ordering the assessment roll and ordering the assessment hearing for 7:00 p.m., August 12, 2002. Background The amounts to be assessed are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method of assessment is the same as was outlined in the feasibility study. A completed assessment roll is available in the office of the city clerk and city engineer. It is recommended that the assessment hearing be scheduled for 7:00 p.m., Monday, August 12, 2002. The proposed Eldridge Avenue project has been designed to a 28 -foot width to better fit the existing conditions, as well as reduce pavement area and storm water runoff. An approval to vary from the city standard of 32 feet has been made part of the resolution to approve plans. Recommendation It is recommended that the city council approve the three attached resolutions for the Eldridge Avenue Improvement, Project 01-29: Approving Plans and Advertising for Bids, Ordering the Preparation of the Assessment Roll and Ordering the Assessment Hearing. CMC jW Attachments: Site Plan Resolutions roj OGGifii Al� U10 19 OL 1 ��j� I A Lao >* y�:v ta 4%a 4 O Cap tl 1w �a a .� 00 ]LIN 1 35 E E -ow 135 E IRS c -0 0 ch 13 00 � W Z W Z LL wLa Q (L D Im 3! ca 0- o a co N ac .� 0) 0 uj � � L7 W CD CL roj OGGifii Al� U10 19 OL 1 ��j� I A >* y�:v ARM Cap 1w NW a .� 00 ]LIN 1 35 E E -ow 135 E IRS roj OGGifii Al� U10 19 1 ��j� I A >* y�:v ARM Cap 1w NW roj OGGifii Al� U10 6- >* ARM 1w NW 00 ]LIN 1 35 E E -ow 135 E IRS -0 0 C 711 N-� .� 0) 0 � � L7 I i&� —91"A W Awk T -WAY YYDS q. 4w >* NW 00 1 35 E E -ow 135 E -0 0 C 711 N-� .� 0) 0 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant, to resolution passed by the city council on June 24, 2002, plans and specifications for the Eldridge Avenue Improvements, City Project 01-29, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. A variance from the city standard street width in order to construction a 28 - foot -wide street is hereby approved. 3. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:15 a.m. on the 2nd day of August 2002, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at thetime and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of August 12, 2002. RESOLUTION . ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the improvement of Eldridge Avenue, from McMenemy Street to DeSoto Street, City Project 01-29. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the construction of Eldridge Avenue, from McMenemy Street to DeSoto Street, City Project 01-29, and the said assessment is on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 12th day of August 2002, at the city hall at 7:00 p. m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. AGENDA REPORT AGENDA ITEM Action by couna TO: Richard Fursman, City Manager ¢F FROM: Charles Ahl, Director of Public Works/City Engineer D-d`� fi d DATE: July 2, 2002 K*--cted SUBJECT: Dorland Road Access Improvement, City Project No. 01-26: Resolution Terminating Improvement Project and Waiving Utility Charges Introduction On December 17, 2001, the city council conducted a public hearing and authorized the acquisition of a parcel of land necessary for access to the Dorland Road culdesac in southern Maplewood. The property owners have reached a compromise that resolves the access issue and allows for the termination of this project. Approval of the resolution is recommended. Background In 1989, the city council approved the creation of a "reserve strip" due to a disagreement between a property owner at 2310 Mailand and a developer over the sharing of costs incurred by the developer. The developer provided access and utility and street improvements to the property owner's lot for 2 future home sites; however, the property owner was not prepared to subdivide or pay for the improvements. The 1989 city council allowed the developer to create a reserve strip (11 foot in width) to restrict access, even though the ordinance did not allow for reserve strips. The reserve strip was to be conveyed to the city (which never occurred), and the city was to see that the developer received "fair compensation" for the streets and utilities when the property developed. In late 2001, a new owner of 2310 Mailand attempted to resolve the reserve strip issue and was unable to achieve a "fair compensation" solution, so requested the city initiate an improvement project to resolve the issue. Significant staff time has been invested to achieve a settlement that appears fair to all parties. A third party builder has purchased the land from the developer and will acquire a waiver on the "fair compensation" disposition necessary for the city to terminate the project. The city's contribution will be to waive the SAC and WAC charges for the two lots ($1,350 per lot) and to waive the project charges (approximately $2,200 in staff time), or a total of $4,800. This seems to be a good financial resolution for the city, since the issue would likely have involved significant attorney charges over the illegal creation of the reserve strip, resolution of the deed conveyance and determination of "fair compensation." Agenda Background July 2, 2002 Page Two Budget Impact The approximately $4,800 is probably best paid from the Sewer Utility Fund since it involves utility charges and waivers. It is recommended within the resolution that the finance director be authorized to transfer the necessary funds to cover the SAC and WAC fees and to close the project fund costs. Recommendation It is recommended that the city council approve the resolution terminating the Dorland Road Access Improvement, City Project 01-26, and authorize a transfer from the Sewer Utility Fund to waive the SAC and WAC charges for 2 lots adjacent to Dorland Road and to close the project fund. RCA JW Attachment: Site Maps Resolution . . • -. . • 1FtIS map -printout aPrroperiyfCey.eam, t2�►00 Address: 0 DORLAND RDS MAPLEWOOD Printed on 12/0411 at nairin aiu Scale: 0.16 miles .. ...:. : _ J`h n} 3:" '} :' �.i ` f ^= kY- r se« s . a'r. ..as•; r;t:r.-? tar ?7T3f . 3'< : y y<;'' y >: •6 Y >Y T E •r . o� r }.. ri:; /- _ }n. 'i:� Gy f; < l .. '_ .. �Sr.• >,Lti �, }-f, '' .a L. : i t %•• .'�. +\ 4€.'�.r., '+., L < .s:: . p•A�..>: • r ¢• T. �" ti; . j i= T+v. y� �.. # :rt 'as < � rs 8 } h•. 5' 4 s 3. 14 c %s ,\yam, i�.r• " '. nt'.. - f. .4 r-: t.. u•,ty.•`y� x : `•}< ^r... z. K <�`. F a •z F. o-.3:{. '`: �� ai L :{'L. :7 m r .---.1 .•... {+ . <+ 1t `'i st"'; f -Sk'+. . 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' .. ,.:i�r:' ' 2.,:. .. ... ::5 ., .. _ :r:' tf' x: - ... .. - . k'. k . .. » ' ' :1v 'Gro<.� xs,. _ 3- - S' ' ' . - - .. . . .. . . ., .. .. - ..i - - :Fb.9 .:i,�iv;:r4k. t,, -.•.• s �`::>: '.x - • I .1 , •. .. Information deemed reliable but not guaranteed. 46 N 88"0 3 .9.E •` J 9119• V ` , ` ��� .�.,n . �.i�� ��• r �.� ter. �r� AA l F a4 S 0. AV �Oj 'Pip' ;Ooe 00 To tpi CP _ : N 27. o I '1 WeO9 as? `3-9 `L60-00 w 70. 00 f�uA �7 e o Mf ?IOX7 AIW /If o ehl4f o .7e • N 88039 51 0 0 •• i . go 914 1 Qs rr W-9 057 1"? . 79 .N S S 's RESOLUTION TERMINATING THE DORLAND ROAD ACCESS IMPROVEMENT PROJECT AND WAIVING THE SAC AND WAC CHARGES CITY PROJECT 01-26 WHEREAS, on December 17, 2001, the Maplewood City Council authorized an Improvement Project for access to Dorland Road from 2310 Mailand Road, known as City Project 01-26, and WHEREAS, the property owner at 2310 Mailand Road has reached agreement for access to Dorland Road through a reserve strip known as Outlot B within the Highwood Oaks Estates Plat, and WHEREAS, Outlot B was to be conveyed to the City as part of the Highwood Oaks Estates Plat and the City was to determine and ensure "fair compensation" to the developer of Highwood Oaks Estates Plat, and WHEREAS, 2 new lots could be created at 2310 Mailand Road as part of a future platting at that property that will incur SAC and WAC charges, and WHEREAS, the City has incurred costs as part of the resolution of the "fair compensation" issue for the reserve strip. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL THAT: 1. Improvement Project 01-26, known as Dorland Road Access Improvements is hereby terminated. 2. The SAC and WAC charges for the 2 future lots to be accessing Dorland Road from 2310 Mailand Road are hereby waived. 3. The Finance Director is hereby authorized to transfer funds from the Sewer Utility Fund to cover all project expenses from Project 01-26 and the SAC and WAC charges. 4. Outlot B within the Highwood Oaks Estates Plat is hereby conveyed to the property owner at 2310 Mailand Road subject to receipt of a waiver from the developer that "fair compensation" has been received for the utility and road improvements. Approved this eighth (8th) day of July, 2002. MEMORANDUM TO: City Manager FROM: Melinda Coleman �(O SUBJECT: Proposed Phosphorus Ordinance DATE: July 1, 2002 INFORMATION - Agenda # d6_� The State Legislature recently enacted a law restricting the use of phosphorus in lawn fertilizers. The new law imposes a ban on almost all residential lawn fertilizers containing phosphorus starting in January 2004. For the seven -county metro area, these lawn fertilizers will have a phosphorus level of 0 percent. For areas outside the metro counties, the phosphorus portion of the residential use lawn fertilizer is restricted to 3 percent: These restrictions do not apply to agricultural use. An exception exists for golf courses, as well as for home-owners/renters with newly sodded or seeded lawns or those whose soil -tested lawns show a need for additional phosphorus. DISCUSSION The law also allows cities to adopt a more restrictive ordinance before August 1, 2002. If a city chooses to adopt a phosphorus ordinance before this date, their ordinance will be grandfathered. Any city adopting an ordinance after August 1, 2002, loses its more restrictive positions when the law takes effect in 2004. Currently, more than 2 dozen cities impose some kind of restriction on phosphorus applications for lawns. Staff has reviewed several of these ordinances and has assembled a draft for council review and comment. If the city adopts its own ordinance now, it gives us the ability to be more restrictive. A couple of areas not covered by the -state law include the ability to license to commercial applicators, restricting time of .fertilizer applications, restricting applications in wetland buffers and imposing penalties for violations. Because of the time constraints put on by the state law, staff has not been able to coordinate a public information campaign. Staff will notice commercial applicators and put the draft ordinance on the web page prior to second reading on the ordinance. If the City Council chooses to proceed with a phosphorus ordinance we will have to undertake a full -scale education process and discuss enforcement and penalties. RECOMMENDATION Please review the proposed ordinances and direct staff to make any necessary changes or to not proceed at this time. If Council decides to move forward, staff will schedule the public hearing and second reading of the ordinance for July *22, 2002. Attachments: Proposed phosphorus ordinance 2 Attachment ORDINANCE NO. AN ORDINANCE AMENDING THE MAPLEWOOD CITY CODE LICENSING COMMERCIAL LAWN FERTILIZER APPLICATORS AND REGULATING THE USE OF FERTILIZER THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: SECTION 1. 1 City of Maplewood Code is amended by adding Chapter 17.7 to provide: COMMERCIAL FERTILIZER APPLICATION 17-7-1: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing data and literature to determine the current and projected water quality of various lakes, ponds, and wetlands within the community. Water quality may be improved if the amount of phosphorus from fertilizer and vegetative sources entering water bodies through the storm drainage system as well as overland runoff is reduced. The purpose of this section is to maintain and promote the improvement of lake, pond and wetland resources that the residents of Maplewood and other users enjoy. 17-7-2: DEFINITIONS: For purposes of this section, the following terms shall be defined as stated: COMMERCIAL APPLICATOR: A person who is engaged in the business of applying fertilizer for hire. FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use of or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. 17-7-3: LICENSE REQUIRED: No commercial applicator shall apply fertilizer without first obtaining a license from the City as provided herein. 17-7-4: LICENSE APPLICATION: All applications for a license required under this section shall be made on a form furnished by the City and submitted to the City, together with the licensing fee established by the City Council. 17-7-5: CONDITIONS OF LICENSE: The licensee shall comply -with the following requirements: a. Random Sampling: During the term of the license, the licensee shall permit the City to obtain a sample of any fertilizer to be applied within the City. b. Possession of License: The license, or a copy thereof, shall be in the possession of the licensee or its employees or agents when they are applying fertilizer in the City. 3 c. Timing of Application: No fertilizer application shall be made when the ground is frozen and not between November 15 through April 1 of the succeeding year. d. Impervious Surfaces: The licensee, or any employee or agent thereof, shall not apply, spill, or otherwise deposit fertilizer on impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on impervious surfaces shall be immediately and completely removed by the licensee before leaving the site. e. Buffer Zones: No fertilizer shall be applied within established buffer zones as outlined in the City Wetland Ordinance 9-196, or within 25 feet of the edge of any wetland, pond, or lake. f. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf in the City that contains any amount of phosphorus or other compounds containing phosphorus, such as phosphate. The provisions of this paragraph about fertilizer content shall not apply to: 1. Newly established turf areas for the turfs first growing season; or 2. In turf areas that soil tests confirm are below phosphorus levels established by the University of Minnesota Extension Service. The lawn fertilizer application shall not contain an amount of phosphorus exceeding the amount of phosphorus and the appropriate application rate recommended in the soil test evaluation. 3. Record keeping: The licensee shall be responsible for maintaining a record of the pounds of phosphate, expressed as P205 per 1,000 square feet of land, applied to each site by the licensee during the year, and a record of the soil test confirming the need for phosphorus. 17-7-6: RESPONSIBILITY OF LICENSEE: The conduct of agents or employees of a licensee, while engaged in the performance of their duties for the licensee under the license, shall be deemed the conduct of the licensee. 17-7-7: NON-COMPLIANCE: Failure to comply with any requirement set forth in the Chapter shall constitute sufficient cause for the revocation of the license by the City Council following a public hearing. 17-7-8: DURATION AND TRANSFERABILITY OF LICENSE: The license issued hereunder is effective for the period of January 1 to the following December 31 and must be renewed annually by the licensee. The city shall not prorate any license fee. A license issued hereunder is not transferable and any change in ownership of the licensed business shall terminate the license. 17-7-9: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter that address phosphorus levels in fertilizer, the City Council shall review this Chapter for possible. revisions or repeal. 4 17-7-10: ENFORCEMENT: For the first twelve (12) months following the effective date of this Chapter no penalty shall attach to a violation. Thereafter, a violation shall be a misdemeanor punishable in accordance with law. SECTION 2: Maplewood City Code is amended by adding Division 5, Chapters 9-200 to 9-205 to provide: DIVISION 5 LAWN FERTILIZER 9-200: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing data and literature to determined the current and projected water quality of various lakes, ponds, and wetlands within, the community. Water quality may be improved if the amount of phosphorus from fertilizer and vegetative sources entering water bodies through the storm drainage system as well as overland runoff is reduced. The purpose of this section is to maintain and promote the improvement of lake, pond and wetland resources that the residents of Maplewood and other users enjoy. 9-201: DEFINITIONS: For purposes of this section, the following terms shall be defined .as stated: FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use of or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. 9-202: RESTRICTIONS ON APPLICATION AND USE: The application and use of lawn fertilizer is subject to the following restrictions: a. Timing of Application: No fertilizer application shall be made when the ground is frozen and not between November 15 through April 1 of the succeeding year. b. Impervious Surfaces: Fertilizer shall not be applied, spilled, or otherwise deposited on impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on impervious surfaces shall be immediately and completely removed. - c. Buffer Zones: No fertilizer shall be applied within established buffer zones as outlined in the City Wetland Ordinance 9-196, or within 25 feet of the edge of any wetland, pond, or lake. , d. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf within the City that contains any amount of phosphorus or other compounds containing phosphorus, such as phosphate. The provisions of this paragraph regarding fertilizer content shall not apply to: 1.Newly established turf areas for the turf's first growing season; or 5 2.On turf areas which soil tests confirm area below phosphorus levels established by the University of Minnesota Extension Service. The lawn fertilizer application shall not contain an amount of phosphorus exceeding the amount of phosphorus and the appropriate application rate recommended in the soil test evaluation. 9-203: NOTICE REQUIREMENT: Retail businesses in Maplewood selling fertilizer shall post a notice in a conspicuous location near the fertilizer notifying customers of the limitation on the use of fertilizer containing phosphorus in Maplewood as outlined in this Chapter. 9-204: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter that address phosphorus levels in fertilizer, the City Council shall review this Chapter for possible revisions or repeal. 9-205: VIOLATIONS: For the first twelve (12) months following the effective date of this Chapter no penalty shall attach to its violation. Thereafter, a person violating any provision of this Chapter shall be guilty of a petty misdemeanor and upon conviction shall be subject to the penalties imposed by Minnesota Statutes .for petty misdemeanor offenses. SECTION 3: This ordinance shall go into effect six months after the City Council passes it. ADOPTED this day of of Maplewood, Minnesota. CITY OF MAPLEWOOD BY: Bob Cardinal, Mayor ATTEST: Karen Guifoile, .City Clerk X , 2002, by the City Council of the City emo To: Richard Fursman, City Manager From: Steve Lukin, Fire Chief CC: City Clerk Date: 07/01/2002 Re: Firework's Ordinance BACKGROUND Maplewood Fire Department im AGENDA REPORT Agenda Iternfl.00 .Action by Council Date o.rs Modified - As I am sure you are all aware, the 2002 legislation passed a fireworks ordinance people allowing for certain types of fireworks to be sold within the state of Minnesota to v p p over the age of 18. The Minnesota statute is quite open; therefore, we felt that it was important to put together an ordinance that we felt would be good for the residents of Maplewood and the retailers. In working with Patrick Kelly's Office, the League of Cities, Fire Marshal Gervais and the surrounding fire departments, we believe we have one that meets our needs as well as our customers. There are some city ordinances out there that are much more restrictive and other cities just adopted the State quidelines. p The biggest thing that you will notice in this ordinance is that we will longer allow tent sales to be setup in parking lots. Fireworks will only be allowed from an established retailer within our City. We will also be performing compliance checks as needed. RECOMMENDATION Attached is a copy of the ordinance regulating the sale, use and possession of fireworks within thei c ty of Maplewood. I recommend that the City Council adopt this ordinance to aid in the safety and welfare of the residents of Maplewood. Att. ORDINANCE NO. AN ORDINANCE g:EGLTi„AT1NG THE SALE, USE AND POSSESSION OF FIREWORKS WITHIN THE CITY OF MAFLEWOUD. section 1. Purpose. It is the piupose of this ordinance to govern the possession, use sale sto e � ' p � � �� g e�po��on and display of fireworks �r� the pity of Maplewood_ Section 2- lefinstionsr "Hare Chief' is the Chief of the Maplewood Fire Department. "'Display Distributor" means any persona fine or corporation selling s � g special gal fireworks. ""Distributor" means any person, firm or corporation selling fjrcW0rks to whoicsalcrs aLid reTailers for resale* ,`.Law Enforcement Officers or Code Enforcement Officers"" are individuals authorized uthorized to enforce the laws or ordinanc+as of the City of Maplewood. W`Legal F ireworks" means wire or wood s arklers of not more than 100 P grams of nz.Ixture eon ' per item, other sparkling items which are uonex losive and nonaerial and F tarn 75 grams or less of chemical mixture per tube or a total of 200 grans or less for multiple tubes, snakes and glow worms, smoke devices, or trice noisemakers which includea er s e p p tr amcrs, parry poppers= sig poppers, snappers, and drop pops, each consisting of not more than . � twenty_ five hundreths , rains of explosive mixture. %'Mau u.facturer'" means any person, firm, corporation or parmership engaged in the inanufacture of fireworks, "Retailer"' means any person, firm, corpo.-ation orarmershi urchas p p p iug fireworks for resale to consumers. Section 3. Legal Fireworks Subd. 1. Legal fireworks- for sale to the generalublic as that to . p r�ri �s used in the Maplewood Fireworks Ordinance .shall be understood to mean fireworks legal fo j g r sale and use in am der der the provisjons of Minnesota Statute section 624.20. Subd. 2. leo individual, f=, partnership, corporation or associatza ' . p � associationshall passers dor retail sale in the City of Maplewood, sell or offer for sale at retail or use or � � possess any fireworks ocher than legal fireworks. Section 4. penniT Required Of Subd- 1- No person may sell, hold for sale, irriport, distribute or offer for sale as speciality retailer, or rerailer aiay fireworks in the City of Maplewood unless such person has first obtained the appropriate permit. Subd. 2. The Fire Chief, Law Enforcement Officer and Code Baforcemerit Officer shall enforce the Maplewood Fireworks Ordinaiace- All permit applications shall be submitted to the office of the City Clerk. All retailers shall be required to parchase a retail fireworks perrni.t for each reta'I location, Subd, 3, Application. The application for a permit under the Maplewood Fireworks Ordinance shall contain the following information: name, address, and telephone number of the applicant, the address of the location where the legal fireworks will be ,sold, the t e ,of legal Yla €� fireworks to be sold, the estimate of quantity of legal fireworks and a letter from the property owner granting permission to the applicant for use of said property. Subd- 4'- , An applicant for a permit under the Maplewood Fireworks Ordinance shall pay to the City of Maplewood the following fees, which shall not be rcfandable, per location; 1, Retailer Permit... - - - $ 100.00 Sabd. 5. Following an inspection of the location where the legal fireworks are to be sold, the City Council shall issue a retailer permit if the conditions for pemij approval are satisfied and the location of the property is zoned either eommcrcial or industrial. Subd. 6- leo retail permit shall be issued for any period of tune in excess of one year, and any permit may be revoked by the City Council when it shall appear that the permittee has violated any of the provisions of this Ordinance or has engaged in activities contradictory to the best interest of the citizens of the City.. The permit issued shall be non. -transferable either to different persons or location. Section S. Retail Sales or Storage of Fireworks: Regulated Activities Subd* 1- The sale of legal fireworks only shall occur wholly within permanent b aildings anal permanent structures, as defined by the National 13 uilding Cade, which shall have been deemed safe and proper by the appropriate code official(s). It shall be unlawful to sell fireworks within temporary facilities, Motor vehicles, tents or air -supported stru.cTaTes. No fireworks may be sold at retail without a reel perrtiit. The permit shall posted be at each location where the retail sale takes place and a list of all legal fireworks sold at the location shall be available uori request, P q Subd- 2,Buildings and permanent structures with approved sprinkler systems are limited to the sale and storage of a coral of one hundred (100) pounds laet weight or four hundred (400) pounds grass weight of legal fireworks. Buildings and permanent structures without approved a utornatic sprinkler systems are limited to the sale and storage of a total of #j fiy (50) pounds net weight or two hundred (?0U) pounds gross weight oflegal fireworks, Subd, 3. At all places where fireworks are stored, sold or displayed, the works "NO SMOKING'' shall be posted in letws aT least four inches in height. Smokingand/or an disc e y hai-� of any object that could cause a spark or opeia flame is prohibited wiThin one-hundred(100)any fireworks stock. p feet of Subd, 4, No firework$ shall be stared, kept, sold or discharged within fifty fty feet of any gasoline pump _or gasohne bulk station or any building in which gasoline or volale liquids are sold old n q CI les in excess of one gallon, except in stores where cleaners,p ,amts and oils are handled in sealed containers only.. Subd. 5. All fireworks permittees shall .keep and �na'n.tain upon the premises . p p a fire extinguisher bearing an Und.erwriters Laboratories, Inc. gated capacity of at least. 5C ound A e p .� per five bundred square feet of space used for fireworks sales or- storage, Subd. b. A sales clerk who is at least sixteen years of a e shall be on duty ty to :serve rve consumers at the time of purchase or delivery. Every stales clerk shall disrdbute with each sale a one page information sheet from the City contairuri firework safe guidelines. � ty � nes. It shall be the responsibility and expose of the permittee to obtaui a copy of the informailon sheet from the Ci cy and make the appropriate number of copies for distribution. All fireworks sold anal shipped to consumers within the City shall be sold and shipped only by an individual firm.,anaershi or corporation holding the proper permit. p p Subd. 7. Any fireworks devices that are readily accessible to handling y b consumers or purchasers in a retail sales location shall -have their cxposed fuses protected. in a mer t'o protect a aanst accidental ignition o ' * � ash gf an item by a spark, ciba.retw ash or other ignition source, If the fuse is a thread -wrapped safety f4se which has been coated with a nonflammable coatn �onl the oQtside end of the safety fuse shall be covered. If the fuse is not a safety fuse, then the entire fuse shall be covered.. Section 6. Exportation of Fireworks frorn the City of.Ma.p lewood Subd. 1 Nothing in the Maplewood Fireworks Ordinance shallrohibit wholesalers, salefs, distributors, importers, speciality retailers, or manufacturers from storm selling, s . g9 g� hipping or otherwise transporting fireworks by the united States Depax�nent of Frans ortatian �to or en o p any person entity uts�de the City. Section. 7, Display and Discharge of Fireworks Subd, 1, Nothing in. the Ma' lewood Fireworks Ordinance shallrohibi e p t The public display of fireworks except that any individual; association, partnershi , corporation, or or ani- 'o p rP s g �.t� n shall secure a written permit from the office of the Fire Chief and the fireworks shall be purchased from a distributor or display distributor licensed by the State Fire Marshal and the Bureau of Alcohol, Tobacco and Firearms at the UTiited States De an.Tilent of the Treasury- Subd, p ry- Subd, 2_ All ase, display, or discharge of legal (reworks is strict/ rohibi e y p t d in the area on, below, above, within, or in close proximity to: 1. recreational areas, roadways, streets, highways, bicycle lanes, pedeStnan paths, s and all of sidewalks, rights of way, lakes, avers, waterways her properly owned or leased by the City of Maplt�-wood, Co=ry ofR=sey, f State o Minnesota and located i in whole or n part within the City limits; ?. private proPer' within the City limits that has conspicuously• • posted wntte�a. �i�,�s or notices that no fireworks discharge is allowed; - within or5e hundred fifty (150) feet Of an consumer fireworks , storage area; Y retail sales facility or 4. within, into or at a motor vehicle or from a motor vehicle' a 5. at or near any persons or animals; 6_ any property., area or structure or material that b condition y its physical cc�ridition or the physival conditions in which it is set would consTjitutc a fire or�r hazard; conal safery and 7. upon order of the Fire Chief in the event of dry condit o s ' T . i within the City hn�,its. secrion S= Penalty: C11minal Subd. 1, Any individual, firth7eFh o P p or corporation that violates any provision of the Maplewood Fireworks Ordinance is guilty of a. misdemeanor . � �' an.or and upon conviction shall be punished by a sentence of not more than ninety (90) days or a fine not o • 4 y rn re than one thousai�d (1, 00) dollars, or both, may 'be imposed - Section 9, Penalty= Civil Subd. 1. if an individual, fig., corporation or artnersh' ' r rP p ip is found guilty of violating any of the provisions of the Maplewood Fireworks Ordinance that e T Or s s � , ntixy s permit shall be revoked r upended by the City Council. Subd. 2, No individual, finrn, co oration orpartnership � shall possess any fireworks for sale within the City, other than those authorized in the M 'Ordinance. aplewoacl Fireworks The Fire Chief, Law Enforcement Officer, Code Enforcernenr Q . facer, .deputies or designees may at. reasonable hours eater andinspect the permittee 7 s remises build dere p , ing or permanent structure to inline compliance with the Maplewood Fireworks ordinance. If anretailer • y has �n its possession any fireworks in violation of this Ordiname his or here - p rmit shall be revoked and all such fireworks seized, and the fireworks in violation of the Ord inaxtce shall be kept to be used as evidence. If any person has in his or her -possession any ' y fireworks in violation of the Ordinance, a warrant may be issued for the seizure of fireworks and the fireworks shall b �• r e safely kept to be used as evidence. Upon conviction of TJ'e offender, the fireworks shall b _ . e destroyed, but if the offender is discharged, the legal fireworks shall be retwned to theerson ' . , P in whose po�ession they' were found; provided, however, that nothing in the e Maplewood ' r P Fiworks Ordinancc applies to the tr=sporation of fireworks by regulated carriers. Subd. 3* Nothing in. the Maplewood Fireworks . P Ordinance shall ,apply to or prohibit any eMployees of the Department of Natural Resources or the United t d Mates Fish and Wildlife Services from.possessing fireworks for control of' atne birds an • � � an��nals or to prr�h��lt any Law Enforcemertt Officer from possessing fireworks in theperformance of i's or her duties or to prohibit an organization therein from sponsorm� and, conduct�n with canner o y ti ri with =y public celebration., an officially supervised and coPtrolled fireworks display. Section 10. Severability Should any section subdivision clause or otherrovision b p of this Qrdinance beheld to be invalidy any court of compmentiurisdiction, such decision shall not affect • the valid' of the ordinance as a whole, or of any part thereof, other than. the part held. to be invalid, rivaIzd, Sectioi. 12. Effective Date. This ordinance shall tame effect passage upon its and p P publication. Passed by the Cid Council on 2002. ATTEST: City Clerk Of Mayor Ayes - Nay es - To: Mayor and City Council From: Richard Fursman Date: 7/8/2002 Re: Report: Trip to Sweden Introduction: kmN=b,er_K q Aomori by ,Count Date Endorsed Modified, Rej e- c t e d-. I attended the first phase of a City Manager exchange with Sweden from May 24 through June 1. I will give a brief report on the exchange experience and make a final accounting of costs associated with the trip. Action. Requested: Accept report and final expense accounting. (Final billing information was not in as of this writing and will be presented at the meeting) 0 To: Mayor and City Council From: Richard Fursman Date: 7/8/2002 Re: Maplewood Staff Census I will give a brief report on the census of Maplewood staff. No action is requested. �atltN�m�ber Mon by Council Date 1 1) Sector 2 Plan - Customers and City of Maplewood told us: i a) Maplewood Mall is a major destination b) Faster, more convenient service is needed 2) Results a) New cross-town routes connecting at Maplewood Mall b) Improved express service to Minneapolis and St. Paul c) Maplewood Mall Transit facility well used d) Facility at the Maplewood Mall provides convenient access to the mall for customers using local and express bus routes 3) Efficiently and conveniently provide bus service to customers a) Locate facility as close to the mall as possible i), SAFE and convenient for customers ii) Additional distance will increase operating time and cost b) Integrate both local and express commuter park & ride service i) Peak express commuter have all day local route alternative ii) Joint use for efficient use of space, and operational efficiency iii) Splitting local service and park & ride locations increases operating cost and complexity of service 7i5i02 SCHOOL DISTRICT 622 WRITTEN SURVEY AND COMMUNITY MEETING RESULTS 115 WRITTEN RESPONSES - 38,000 SURVEYS MAILED 75 ATTENDED 2 HIGH SCHOOL COMMUNITY :MEETINGS 108 ATTENDED 16 COMMUNITY FOCUS GROUPS 298 PARTICIPANTS - FOCUS GROUPS 26 STUDENTS K-12 34 K-12 PARENTS 9 NON-PUBLIC PARENTS 9 ECFE PARENTS 14 STAFF MEMBERS 3 HMONG PARENTS 1 RETIREE 2 SENIOR CITIZENS 2 ELECTED OFFICALS 4 BUSINESS PERSONS 4 VOLUNTEER GROUP LEADERS 108 MAJOR CONCERNS COMMUNICATIONS - CLASS SIZE - BUSING FEES - SAFETY AGE ANALYSIS REGISTERED VOTERS NOVEMBER 2001 AGE 18=24 25_35 36=50 51=60 61++ TOTAL REG. 3,379 7,243 15,310 7,196 9,564 42,692 VOTERS 7.91% 16.97% 35.86% 16.86% 22.40% VOTED 334 1,064 4,863 2,469 3,818 12,548 2.66% 8.48% 38,76% 19.68% 30.43% JUL 08 ' 02 12: OSPM WALKER MPLS 595-9518 J*y 8, 2002 Mayer: Robert Cardinal ' City Council Members: Kathy Juenemanri, Kenneth Julie WA ' Collins, �luk, Marvin �o Plen City of Maplewood ' 1830 E. County Road B, Maplewood, MN 55 109 Re: Public Hearing Maplewood City Coil CUT Application for St. Paul Hong Alliance Church Proposed Parking Lot Expansion , Proposed Playground Driveway to Desoto St. Mayer Cardinal, Citi► Council Members: . In response to the CLAP Application submitted b the St. Paul HmonAlliance Y � Church, my wife and Y are a used to the proposal to extend a driveway from the Cliur 1 Y ch parking of to Desoto St. Vie 1-i;at 1721 Desoto St. where Desoto St. is 22 Feet wide from embankment to embankment. Vote have no objection to the playground and ' . p y�' parking lot expansion. Vire have attended two public hearings for the CUP A lic�io the P ' pp n, lanning Commission, meeting on Monday .dune I!L and the Community Desi � Review ty ,gn w Board meeting on Tuesday June 25'h, At the Plying Commission meeting, the following issues were addressed: 1. Desoto .St. is a submstandard street design,- feet a embankment t embai*ment) vs. 28-32 feet wide for neva constructionP lus shoulders. Maplewood .would not OIIOW the const ruction of a new street this narrow. It would be considered unsafe and difficult for access by emergency vehicles. 2. The Be hoof traffic study s 'ped three reams to juWfy the driveway; no adverse 1mD cts on DeSoto St imt roves -convenience for Chu users i redum traffic volume c d6nemy St. JUL 08 '02 12:04PM WALKER MPLS 595-9518 3. The Church stated they had a right to use their property for their convenience. The residents have a right to a safe street. The Church is there at the pleasure of a CUP, The residents are there respecting the primary zoning of the pxopextr. 4. The Church stated that it took % hour to exit their parking lot. P. 4/5 Based on my experieoce desi ing parking cps, I know #,bat a 1000 ear parking facility with a free out, such as pre -pay event parking, can exit in an hour given favorable street conditions. They should be able to exit their lot in 15 minutes or less, 5. Desoto St is scheduled for reconstruedon in 3 5 years with the emphasis on 3 years• • I was previously not aware that Desoto St~ was scheduled for reconstruction. I suggested that the driveway be rescheduled for a future time to coincide Frith the now sty conn on. This would allow time to determine how the new parking lot would affect traffic exiting to McMeneiny. It was also suggested that the drive -entrance to McMenemy. be upgraded to allow for teff and right turn lanes, 111 sawwjry, this is an ue of convenience vs. safety. If an error is to be made in this decision proms, let it be on the side of safet :_not convenience. No onIt s, other than the nonlicant, suoke in favor of the proposed +dnveway. The vote was 5 to 1 not to recommend the driveway to Desoto St. At the Community Design Review Board, Most of the same issues were addressed by the residents as at the Planning Commission meeting. I was surprised that this was an issue to be voted on by the .Design Review Board. No one, for the applicant, at the Plaruning Commission meeting, represented issues regarding landscaping, pored design, or light poles. And no one, either for the applicant or from the City Ste, was at the Design Review Board to discuss traffic issues. 1 was very disappointed with the comments wade by members of the Board that voted for the OLTP with. the driveway included. I was told that I should no longer think that I'm living in the country and need to move into an urban society or something of that nature. I didn't know the City of Maplewood had developed a doctrine for it's residents of that order. 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The planners say this pe- a quality community," Ha- The lead developer of th destrian-friendly approach is a mann-Roland said in a recent Apple Valley project, Elizabet better way of suburban living interview. "And we see that our Kautz, also is a fan of Centenn than the old way of life, which people want to have that kind al Lakes, but she prefers to tal around auto trips to of connectivity, that life, that about a similar developmer .revolved work in the city and to shop in vitality that a town gives to its she's spearheading as mayor c large stores or malls built next citizens. And they want to be Burnsville. It's called Heart c twvast parking.lots. in the past able to see one another. They few developers in the want to go out and go to a res- the City and will feature park land, shops and restaurants i years, Twin Cities and around the taurant and maybe walk on a a European-village atmos country have begun to detect a ! street and connect with their phere, housing for seniors an demand for something differ- neighbors and visit unique lit. others and lots of places fo ent: suburban developments . de shops." strolling and mingling. It's be where shops are small and Legacy Village at Apple Val. ing built along an old commer shoppers walk from place to ley is the first phase of a project cial'strip on Nicollet Av. S. an( place, to their homes and even called Central Village planned Burnsville Pkwy. 'I'm to their place of work for 65 acres of agricultural land the mayor of the city o The Metropolitan Council just blocks from the center of Burnsville, and I believe,it and suburban officials are en- what the city calls its down- 1 What we'ie doing, and, as a de couraging new-urbanist think- town — Cedar and 42. Cars veloper, when I look at the Ian( ing that has yielded .plans for carry shoppers at high speeds the have under contract, I wa; Legacy Village in Apple Valley, along those two divided high- asked what value could we adc Southwest Station in Eden ways to acres of parking that Prairie, Port Riverwalk in Coon serve acres of retail space, in- • • • what would enhance quah. ty of life," said Kautz, executiv( Rapids, City Walk in Woodbury eluding a Target Greatland, vice president of the Hartford and similar projects on rede- Cub Foods, Rainbow Foods, a Group in Eden Prairie. "A pe. veloped land in older suburbs, Kmart -(now closed), Menards, destrian-friendly environment including one at Excelsior Blvd. Sam's Club, Kohl's and more. is_ something different, and I believe itwould and Hwy. 100 in St. Louis Park Apple Valley's old down- and another at 66th St. and town, city officials admit, add value." Kautz and Hamann-Roland LyndaleAv. S. in Richfield. would not be described as pe- said there's nothing unusual destrian-friendly: They_say the about the mayor of one suburb decisions to build the old way Quality Community doing a commercial develop. ment in a neighboring in the past and the new way suburb, "you Geoffrey Booth, who wrote now are both in response to the know, when you've got a book on transforming subur- Isameforce—themarket. who are doing things ban commercial districts for "When it comes to big-box ipeople well, who have a vision, who know how to work the the Urban Land Institute, said development I guess we pretty these developments are a re- much have most of it now, and with community, who understand stilt of many social trends, in- the issue is what do we do as ! the governance issues, it only eluding a feeling in the suburbs the next phase," said Rick Kel- makes sense to use the people that people deserve more than ly, Apple Valley's community who are doing it verywell," Ha- big boxes along congested development director. mann-Roland said. "We are highways. The market is ready for de- getting the people who are do- "Why is it that Europeans velopments such as Edinbor- ing the best practices. And Eliz- can enjoy this choice of places ough/Centennial Lakes, said abeth just happens to be a de- and the greatest country in the Kelly, who is quick to add that veloper, but there will also be free world can't?" Booth asked. ILegacyVllagewon't bejust like other developers who will be "So you've seen the European- Edina's urban village. But Pan of thisaswell." ization of retailing: town Legacy, like its Edina counter- squares, main street, vastly im- part, will feature housing, Smaller seems better proved architecture. We're (shops, restaurants, office space wealthy. We're well-traveled. 'and senior housing around a Hamann-Roland and Kautz We're well-educated. We don't central lake with all elements are just two of many suburban have to put up with this ho- ''ponnected by walking paths. officials who talk about the mogenization we've had to put ;Legacy Village will offer ice community-building they be- up with for some time." skating in the winter, a place to lieve this type of development Hughes, of Edina, felt that operate remote-control model way in 1981. Mary Hamann- boats in the summer and a represents. In Coon Rapids, for exam- Roland, mayor of Apple Valley, multipurpose amphitheater for ple, the city is proposing a re- feels that way now as she development of Coon Rapids shows off plans for an urban l Blvd. to add some new-urban- village just blocks from Cedar ist projects along that stretch of Avenue and County Rd. 42, Ap- suburban roadway. One dT the ple Valley's concession to the developments, Port Riverwalk, auto-oriented big-box shop- ing that will connect by trails to the Coon Rapids Dam Regional Park on the Mississippi River. Lee Starr, community de- velopment director for Coon Rapids, said his city and other suburbs are sensing a desire for simpler, smaller -scale devel- opment. "I guess it's a response to something that seems to be missing in our lives — an earli- er time," Starr said. "They're building a lot of these things, and if the market isn't there, they're not going to happen. We're almost back to the ma - and -pa grocery store from sim- pler times. After 9/11, people, I think, want to be a little more sheltered from the world, and these smaller -scale shopping venues sort of provide that.' In Eden Prairie, like Apple Valley and Coon Rapids, city officials are trying to temper their auto orientation with a development that will connect the transit hub and its new parking ramp by a trail system with apartments, shops, res- taurants, the Purgatory Creek recreational area, the Eden Prairie Center and city hall. It's called Southwest Station and is "the gateway into our Market - center area," said Dave Lin- dahl, director of the city's Housing and Redevelopment Agency.. Eden Prairie's Marketcenter is the commercial area near the Eden Prairie Center — a tradi- tional'regional mall that, Lin- dahl said, will draw people to the smaller shops at Southwest Station. He said the mix of big box with new -urbanist projects is being promoted by develop- ers as a recipe for success. Arbor Lakes, the new down- town in Maple Grove, has built an old-fashioned main street of shops surrounded by big box- es. Consumers aren't asking for a complete return to mom- and-pop retailing, the city planners said, but a mix of old and new, big and small. "A lot of people come from small towns, a place where there was a main street," Lin- dahl said. "People are comfort- able with that, but the reality is it doesn't work on its own. De- velopments like Arbor Lakes are working because there is a concentration of boxes around it that are bringing people into the area in big numbers to visit the specialty shops." More than 20 years ago, the local model for these suburban developments — Edinbor- ough/Centennial Lakes got its impetus from the Met Council's insistence that sub- urbs provide affordable hous- ing. The tax -increment -financ- ing district created by Edina in 1977 not only subsidized York - dale Townhomes near the old gravel pit, but provided subsi- dies for Edmborough, the first phase of the mixed-use devel- opment, and Centennial Lakes, which was built after Edinbor- oughwas completed. City Manager Hughes, a low-key career public official, is reluctant to take too much credit for what has become the rage in suburban -development circles. Edina's .showpiece of public parkland, shops, restau- rants, intergenerational hous- ing, office buildings and recre- ational amenities happened because of some willing devel- opers — such as Winfield De- velopment of Canada, Peter jarvis, Larry Laukka and Unit- ed Properties — and the great market for consumers and +_ workers that exists along France.Avenue. I never thought I would see the whole thing develop," Hughes said on a warm sum- mer day as he looked out over the 120 acres of urban village where thousands of people live, work, shop and play. "It's a real tribute to the developers because they really stuck with it.,, He said he's proud that public officials from as close as Maple Grove and as far away as Russia have come to study this mix of community functions. However, he doesn't pretend that back then he saw the cur- rent trend coming. "We didn't know the term 'smart growth,"' he said. "We never heard that until a lot lat- er, and I still don't know if that's what this is, but I guess it has a lot of the characteristics." Hughes said Edinboroughl Centennial Lakes has given Edina "a public gathering spot," a place to take your rela- tives when they visit "I think as time has gone by, I see in Edina a lot more inter- est in trying to identify those things that provide community identity," Hughes said. "If others have found things here of value, I'm delighted." — Larry Werner is at lwerner@star-Mbune.com. rrdonHughes said smart growth is sometimes a matter of dumb luck. The city manager of Edina said Edinborough/CentennialLakeswould have ten atradWonal office -warehouse complexes he hadn't been able to persuade some developerstotry something different Today, this develop - ant of condos, shops, restaurants, offices and recreational amenities is considered a model of howto bring community life to the suburbs. fy of suburban projects known by various names: mixed use, smart growth, pe es nan- ne