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2002 10-28 City Council Packet
Council /Manager's Workshop 6: 00 p.m. A. B. C. D. E. F. G. AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,- October 28, 2002 Council Chambers, Municipal Building/Meeting No. 02-23 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Minutes from the Council/Manager Workshop, October 28, 2002 2. Minutes from the City Council Meeting, October 28, 2002, Meeting No. 02-22 APPROVAL OF AGENDA APPOINTMENTS/PRESENTATIONS 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. Ordinance to Increase Sewer Rates (Second Reading) 3. Increase in City Clerk Department Service Charges 4. Increase in Community Development Department Service Charges 5. Increase in Miscellaneous Service Charges 6. Temporary Gambling -Church of the Presentation of the Blessed Virgin Mary 7. Annual Gambling Resolution -Hill Murray Mothers Club-Bleechers-2220 White Bear Avenue 8. Annual Gambling Resolution -Hill Murray Mothers Club -5.8 Tavern & Grill -2289 Minnehaha Avenue 9. Conditional Use Permit Review -Sinclair Fuel Station (2158 Rice Street) 10. Score Grant Funding Request 11. Approval to Transfer Funds from Contingency 12. Approval of Nature Center Roof Replacement 13. Cigarette and Tobacco Licenses -Sidney Applebaum -Sid's Discount Liquor -2515 White Bear Ave. H. PUBLIC HEARINGS 1. 7:00 p.m. Quality Restoration Services (1160 Frost Avenue) Conditional Use Permit Review Design Approval 2. 7:15 p.m. Jiffy Lube (Maplewood Mall Ring Road) Conditional Use Permit Design Approval 3. 7:30 p.m. Maplewood Imports (Gervais Avenue, west of English Street) Conditional Use Permit Design Approval I. AWARD OF BIDS J. UNFINISHED BUSINESS 1. Adult Use Ordinance 2. Highwood Farm (Highwood Avenue East) Preliminary Plat Zoning -Map Change 3. Reconsideration of Phosphorus Fertilizer Ordinance 4. Ward System Update K. NEW BUSINESS 1. Schedule Meeting on Proposed 2003 Budget 2. Personal Service License -Lisa Ann Bowman-Koenke-Salon Nostalgia -1690 N. McKnight Rd. 3. Intoxicating Liquor License- John Heinz for Sid's Discount Liquor -2515 White Bear Avenue 4. Gladstone Park Plat Code Variation -Reduced Street Right -of -Way Width Final Plat 5. Approval of Purchase Agreements: 1701 Adolphus Street Lot 7, Gladstone Park Addition 6. Hillcrest Area Development Moratorium Extension 7. Hartford Group Development Proposal (Haj icek Property) -Resolution Ordering Preparation of Alternative Urban Areawide Review (AUAR) Environmental Study 8. NPDES Storm Water Permit -Authorize Letter of Understanding with League of Minnesota Cities for Draft Permit 9. Beaver Lake Corridor Land Management Plan L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS 1. 2. 3. N. ADMINISTRATIVE PRESENTATIONS 1. Community Forum on Group Home Issue -October 29th (7:00 p.m.) at the Maplewood Community Center 2. Bid Award for Bonds -November 7th (5:00 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) 770-4523 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. DRAFT --MINUTES AGENDA ITEM NO 40001�),� CITY COUNCIL/MANAGER WORKSHOP Monday, October 14, 2002 Council Chambers, City Hall Action b 6:00 p.m. Y Council Date— F D orsed A/To(jified A. CALL TO ORDER B. ROLL CALL C. [a Robert Cardinal, Mayor Kenneth V. Collins, Councilmember Kathleen Juenemann, Councilmember Marvin C. Koppen, Councilmember Julie A. Wasiluk, Councilmember Others Present: City Manager Fursman Assistant City Manager Coleman City Engineer Ahl Director of Finance Faust Acting Chief of Police Thomalla Human Resources Manager Le City Clerk Guilfoile APPROVAL OF AGENDA Present Present Present Present Present Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann. Ayes -All NEW BUSINESS 1. George Dege-Request Review of Fertilizer Ordinance a. Assistant City Manager Coleman presented the staff report. b. Mr. George Dege, Dege Garden Center, addressed the Council about the recently adopted no -phosphorus fertilizer ordinance. C. City Manager Fursman reminded council that any member who voted affirmative for the ordinance may reopen the issue for reconsideration at a future council meeting. Council/Manager's Workshop 10-14-02 2. Merit Pay Review a. City Manager Fursman, responding to a prior request from Council, addressed the Council regarding merit pay. b. Human Resources Director Le provided specifics. C. No action was taken. Merit Pay Review will be the only business on the October 28th Council Mangers Workshop. E. FUTURE TOPICS 1. Hillcrest Village Redevelopment Plan 2. Exploring the Possibilities of a Sister City 3. Sidewalk Study -Overall City Plan 4. Adult Use Moratorium 5. Streetscapes--White Bear Avenue F. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 6:59 p.m. Seconded by Mayor Cardinal Ayes -All CounciUManager's Workshop 10-14-02 A. B. W DRAFT--MINUTEOAGENDA TT MAPLEWOOD CITY COUNCIL -� 7:00 P.M., Monday, October 14, 2002 Action b Council Chambers, Municipal Building Y council Meeting No. 02-22 Date Ei�dol;;; d CALL TO ORDER: ModifiedRejected � A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:08 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE 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 APPROVAL OF MINUTES 1. Minutes from Council/Manager Workshop, September 23, 2002 Councilmember Collins moved to approve the Council/Manager Workshop Minutes of September 23, 2002 as presented. Seconded by Councilmember Juenemann Ayes -All 2. Minutes from City Council Meeting, September 23, 2002, Meeting No. 02-21 Councilmember Juenemann moved to approve the City Council Minutes of September 23, 2002 meeting minutes as amended. Seconded by Councilmember E. APPROVAL OF AGENDA Ayes -All 1A. Fertilizer Ordinance Consideration M2. Full-time Fire Fighters M3. Met Council Redistricting M4. Web Site M5. Roundabout M6. Hazelwood Bridge M7. NEST N1. Community Forum on Group Home Issue City Council Meeting 10-14-02 1 Councilmember Juenemann moved to approve the Agenda as amended. Seconded by Councilmember Wasiluk Ayes -All F. APPOINTMENTS/PRESENTATIONS Acting Police Chief Thomalla announced that Councilmember Juenemann has been chosen to receive the Minnesota Crime Prevention Association Volunteer Citizen of the Year Award. A luncheon will be held in her honor on October 23rd where the award will be presented. G. CONSENT AGENDA Councilmember Koppen moved to approve the Consent Agenda as presented. Seconded by Councilmember Juenemann Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE $498,029.84 Checks #58902 thru #58978 dated 9/24/02 $208,511.18 Disbursements via debits to checking account dated 9/13 thru 9/23/02 $5,000.00 Check #58979 dated 9/25/02 $1089341.50 Checks #58980 thru #59022 dated 9/27 thru 10/1/02 $52,066.22 Disbursements via debits to checking account dated 9/23 thru 9/27/02 $123,709.44 Check #59203 dated 9/30/02 $287,492.84 Checks #59024 thru #59095 dated 10/4 thru 10/8/02 $613,423.66 Disbursements via debits to checking account dated 9/27 thru 10/7/02 $1,896,574.68 Total Accounts Payable PAYROLL $367,759.77 Payroll Checks and Direct Deposits dated 9/27/02 $22,530.93 Payroll Deduction checks #90621 thru #90625 dated 9/27/02 $390,290.70 Total Payroll City Council Meeting 10-14-02 2 $2,286,865.38 GRAND TOTAL 2. Stipend Pay for Fill -In Day Firefighters Approved a new stipend of $100 per shift to be paid to the paid -per -call firefighters who fill-in for daytime coverage. 3. Conditional Use Permit Review -5-8 Club (2289 Minnehaha Avenue East) Extended the Conditional Use Permit approval for the 5-8 Club, 2289 Minnehaha Avenue, for another year. 4. Conditional Use Permit Review -Salvation Army (2080 Woodlynn Avenue East) Extended the Conditional Use Permit approval for the Salvation Army to expand an adult day care facility, 2080 Woodlynn Avenue East, for another year. 5. Conditional Use Permit Review -Ramsey County Family Service Center (2001 Van Dyke St.) Extended the Conditional Use Permit approval for Ramsey County Family Service Center 2001 Van Dyke Street, for another year. 6. Conditional Use Permit Review -Countryside Volkswagen/Saab (1180 Highway 36 East) Extended the Conditional Use Permit approval for Countryside Volkswagen/Saab, 1180 Highway 36 East, for another year. 7. Conditional Use Permit Review -Beaver Lake Estates (2425 Maryland Avenue East). Extended the Conditional Use Permit approval for Beaver Lake Estates Manufactured Home Park, 2425 Maryland Avenue East, for another year. 8. Conditional Use Permit Review -Rolling Hills Manufactured Home Park (1375-1487 Century Avenue North) Extended the Conditional Use Permit approval for Rolling Hills Manufactured Home Park, 1375-1487 Century Avenue North, for another year. 9. Temporary Food Permit -Fee Waiver -Explore Scouts Waived the fee for the temporary food permit for the Explorer Scouts. City Council Meeting 10-14-02 3 10. Authorization for Funding for Telecommunications Consultant Authorized funding up to $40,000 from the data processing fund for the purpose of hiring a telecommunications consultant. H. PUBLIC HEARINGS None I. AWARD OF BIDS 1. Gladstone Park Subdivision a. City Manager Fursman presented the staff report and specifics. Councilmember Koppen moved to award the bid of $496,100 or $82,683 per lot to Mr. Perrault for the six -lot subdivision called Gladstone Park, the City Attorney shall coordinate the closing of the property and the proceeds to be credited to the Park Available Fund. Seconded by Councilmember Juenemann Ayes -All J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. Ordinance to Increase Sewer Rates (First Reading) a. City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. ORDINANCE 831 AMENDING THE MAPLEWOOD CODE RELATING TO SEWER SERVICE CHARGES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 28-21 is hereby amended to read as follows: The following rates and charges are hereby established for all sanitary sewer services furnished by and in the City: (1) St. Paul Billing District: City Council Meeting 10-14-02 4 (a) The residential and non-residential rates shall be $1.87 per 100 cubic feet. (b) There shall be a minimum of $10.49 quarterly per sewer service connection. (2) North St. Paul, Roseville, Little Canada and Woodbury Billing Districts: (a) The residential and non-residential rates shall be $2.50 per 1,000 gallons. (b) There shall be a minimum of $10.49 quarterly per sewer service connection Section 2. This ordinance shall take effect and be in force beginning January 1, 2003. Councilmember Koppen moved to approve the first reading of the following ordinance (8311 which provides for a revision of sewer rates: ORDINANCE 831 AMENDING THE MAPLEWOOD CODE RELATING TO SEWER SERVICE CHARGES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 28-21 is hereby amended to read as follows: The following rates and charges are hereby established for all sanitary sewer services furnished by and in the City: (1) St. Paul Billing District: (a) The residential and non-residential rates shall be $1.87 per 100 cubic feet. (b) There shall be a minimum of $10.49 quarterly per sewer service connection. (2) North St. Paul, Roseville, Little Canada and Woodbury Billing Districts: (a) The residential and non-residential rates shall be $2.50 per 1,000 gallons. (b) There shall be a minimum of $10.49 quarterly per sewer service City Council Meeting 10-14-02 5 connection Section 2. This ordinance shall take effect and be in force beginning January 1, 2003. Seconded by Councilmember Collins Ayes -All 2. Preliminary Approval for Sale of Refunding Bonds a. City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Mayor Cardinal moved to adopt the following resolutions that provide preliminary approval for the sale of the bonds and schedule a council meeting at 5:00 p.m. on Thursday, November 7 for a bid award on the bond issue: RESOLUTION 02-10-159 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $39385,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2002B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue its $3,385,000 General Obligation Improvement Refunding Bonds, Series 2002B (the 'Bonds") to refund the February 1, 2004 through February 1, 2011 maturities of the City's General Obligation Improvement Refunding Bonds, Series 1993C, dated November 1, 1989; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting, Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with City Council Meeting 10-14-02 6 Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. RESOLUTION 02-10-160 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $59280,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2002C A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue its $5,280,000 General Obligation Tax Increment Refunding Bonds, Series 2002C (the "Bonds") to refund the February 1, 2004 through February 1, 2015 maturities of the City's General Obligation Tax Increment Bonds, Series 1993B, dated September 1, 1993; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. RESOLUTION 02-10-161 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $394859000 GENERAL OBLIGATION OPEN SPACE REFUNDING BONDS, SERIES 2002D A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue its $3,485,000 General Obligation Open Space Refunding Bonds, Series 2002D (the "Bonds") to refund the October 1, 2004 through October 1, 2014 maturities of the City's General Obligation Open Space Bonds, Series 1994A, dated March 1, 1994; and City Council Meeting 10-14-02 7 B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting-, Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember Juenemann Ayes -All 3. Gladstone South Streets, City Project 0-03: Modification of Existing Construction Contract, Change Order 1 a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution Directing the Modification of the Existing Construction Contract for the Gladstone South Neighborhood Street Improvement Project, City Project 00-03: RESOLUTION 02-10-163 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 00-03, Gladstone South Neighborhood Street Improvements and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 00-03, Change Order No. 1. City Council Meeting 10-14-02 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $3,134.00. The revised contract amount is $2,154,704.43. No revisions to the project budget are required at this time, as these changes fall within the original project budget. Seconded by Councilmember Juenemann Ayes -All 4. White Bear Avenue Sidewalk at Highway 36 a. Approve Permit b. Approve MnDOT Hold Harmless Resolution a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Wasiluk moved to adopt the following resolution ap rp oving the conditions of right-of-way agreement with the Minnesota Department of Transportation Approved a project budget of $15,000 and that the Finance Director be authorized to make the necessary transfers from the Contingency Fund to establish the budget for the White Bear Avenue Sidewalk at T.H. 36, Project 02-19: RESOLUTION NO. 02-10-164 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION APPROVING CONDITIONS OF RIGHT-OF-WAY AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Maplewood wishes to construct a concrete pedestrian walkway within the Trunk Highway 36 right-of-way along the west side of White Bear Avenue, and WHEREAS, the pedestrian sidewalk will be located within the corporate limits of Maplewood, WHEREAS, the City of Maplewood has been granted an approved right-of-way permit for the purpose of constructing said pedestrian walkway, pending receipt of a Hold Harmless Resolution as required by the Commissioner of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THAT: The City of Maplewood agrees to indemnify, save and hold harmless the State of Minnesota and its agents and employees of and from the claims, demands, actions or causes of actions arising out of or by reason of the granting of right-of-way permit M -US -02-0696. The City further assumes all liabilities, obligations or responsibilities described in permit M -US -02-0696 and City Council Meeting 10-14-02 9 pertaining to the construction, maintenance, operations and supervision of the sidewalk, bituminous curb, modular block wall, and utilities located within the Trunk Highway 36 right-of- way. Seconded by Councilmember Koppen Ayes -All 5. County Road B/Hazelwood Street: Approve 4 -way Stop Sign Request to Ramsey County a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Collins moved to adopt the following resolution that requests a 4-w4sp sign installation at County Road B and Hazelwood Street: RESOLUTION 02-10-165 REQUESTING 4 -WAY STOP CONDITION COUNTY ROAD B AND HAZELWOOD STREET WHEREAS, Ramsey County has jurisdiction of County Road B between English Street and White Bear Avenue within the City of Maplewood, and WHEREAS, residents along this segment of roadway are concerned with the overall roadway safety, and WHEREAS, a previous engineering study identified a recommendation of a 4 -way stop condition at County Road B and Hazelwood Street to be consistent with area traffic movements and a safety enhancement for Maplewood area residents. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: Ramsey County is hereby requested to install a 4 -way stop control condition at County Road B and Hazelwood Street. Seconded by Councilmember Wasiluk Ayes -All 6. Off Sale Liquor License -Linda Bigelbach-Cub Foods -100 W. County Road B a. City Manager Fursman presented the staff report. b. Acting Police Chief Thomalla presented specifics from the report. Councilmember Juenemann moved to table the application for an off -sale liquor license for Cub Foods at 100 West County Road B until the applicant can be present. Seconded by Councilmember Collins Ayes -All City Council Meeting 10-14-02 10 7. November 11, 2002 Council Meeting Change of Date a. City Manager Fursman presented the staff report. Councilmember Collins moved to reschedule the November 11, 2002 council date to November 13, 2002. T Seconded by Councilmember Wasiluk Ayes -All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1A. Fertilizer Ordinance Consideration --City Manager Fursman stated the council could choose to revisit the ordinance at the request of George Dege, Dege Garden Store. Mayor Cardinal moved to reconsider the ordinance at the October 28, 2002 Council Meeting. Seconded by Councilmember Koppen Motion Failed. Ayes -Mayor Cardinal, Councilmember Koppen Nays-Councilmembers Wasiluk, Collins and Juenemann 1. A Letter to the Citizens of School District 622 --Mayor Cardinal read the following letter into the record: To the Citizens of School District 622: The school district is conducting a levy referendum on the November 5, 2002 general election ballot. As Mayor and city council member of Maplewood, we would like to emphasize the need for strong high quality schools in our communities. Excellence in our schools helps all of us maintain the strength of neighborhood and our communities overall. Healthy and well -funded schools provide the critical educational infrastructure for our communities that in the long run protect and enhance property values in our cities. As mayor and council members, we respectfully ask that you research the facts regarding the referendum and subsequently make a wise, knowledgeable and educated decision on November 5, 2002. 2. Full-time Fire Fighters—Mayor Cardinal announced that Maplewood has six new full-time firefighters. Twenty-one applications were received internally. Fourteen applicants were qualified and six were offered the position. City Council Meeting 10-14-02 11 3. Met Council Redistricting—The Mayor noted that the Metropolitan Council is in the process of redistricting and should have the project completed by the end of the year. 4. Maplewood Web Site -Mayor Cardinal stated the web site will be enhanced with history of the city, and information on Maplewood schools, churches and hospitals. When the Mayor logged on he was hit 9282. 5. Roundabout -The Mayor collected feedback from councilmembers on the English Street roundabout. 6. Hazelwood Bridge -At the Mayors forum residents encouraged, and supported the building of a bridge over Highway 36 at Hazelwood. 7. NEST-Councilmember Koppen noted that NEST service is curb to curb. A new brochure is being created to further educate the residents about this useful service N. ADMINISTRATIVE PRESENTATIONS 1. Community Forum on Group Homes -Assistant City Manager Coleman informed staff and residents that a forum will be held at the Maplewood Community Center on Tuesday, October 29th at 7:00 p.m. O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 8.02 p.m. Seconded by Councilmember Juenemann Ayes - All City Council Meeting 10-14-02 12 AGENDA REPORT TO: City Council FROM: Finance Director /ek, ,� RE: APPROVAL OF CLAIMS DATE: October 21, 2002 AGENDA NO. G-1 Action by Council Eil.j0i sed Modified Rejected ' Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE $1,057,779.59 Checks #59096 thru #59171 dated 10/15/02 $1,627,051.71 Disbursements via debits to checking account dated 10/4 thru 10/14/02 $5,000.00 Check #59172 dated 10/16/02 $345,214.47 Checks #59173 thru #59228 dated 10/18 thru 10/22/02 $206,089.24 Disbursements via debits to checking account dated 10/11 thru 10/21/02 $352419135.01 Total Accounts Payable PAYROLL $389,223.18 Payroll Checks and Direct Deposits dated 10/11/02 $2406.91 Payroll Deduction checks #90866 thru #90872 dated 10/11/02 $4139290.09 Total Payroll $3,6549425.10 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 PARNANCEMORMAGMApCIAR Oct2l.doc 1 Ychlist Check Register Page: 1 10/11/2002 11:23:42AM City of Maplewood Check Date Vendor 59096 10/15/2002 01908 ADMINISTRATION, DEPT OF 59097 10/15/2002 00055 AFFORDABLE ENGRAVING 59098 10/15/2002 02074 AHL, R CHARLES 59099 10/15/2002 01936 BERGO, CHAD 59100 10/15/2002 00198 BOARD OF WATER COMMISSIONERS 59101 10/15/2002 00211 BRAUN INTERTEC CORP. 59102 10/15/2002 00216 BRIGGS & MORGAN, P.A. 59103 10/15/2002 02120 CAPRA'S UTILITIES INC 59104 10/15/2002 00354 CUSTOM FIRE APPARATUS, INC. 59105 10/15/2002 00382 DAVIS LOCK & SAFE 59106 10/15/2002 00363 DLT SOLUTIONS, INC. 59107 10/15/2002 00367 DP INDUSTRIAL MARKETING 59108 10/15/2002 00449 EDEN SYSTEMS INC 59109 10/15/2002 00487 F.M. FRATTALONE EXCAVATING 59110 10/15/2002 02396 FINWALL, SHANN 59111 10/15/2002 00532 FRANK MADDEN & ASSN 59112 10/15/2002 02626 FRERICHS CONST CO 59113 10/15/2002 00543 GE CAPITAL 59114 10/15/2002 00574 GLOBAL COMPUTER SUPPLIES 59115 10/15/2002 00585 GOPHER STATE ONE -CALL 59116 10/15/2002 00687 HUGO'S TREE CARE 59117 10/15/2002 00691 HURLEY, STEVE 59118 10/15/2002 00483 IDEACOM MID -AMERICA 59119 10/15/2002 02627 INDEPENDENT REALTY 59120 10/15/2002 02408 JOHNSON RADIO COMMUNICATIONS 59121 10/15/2002 01835 JOHNSON, BONNIE 59122 10/15/2002 00744 JR'S APPLIANCE DISPOSAL INC 59123 10/15/2002 01894 KELLY & FAWCETT PA 59124 10/15/2002 02628 KEVIN TRAMM CONSTRUCTION 59125 10/15/2002 00827 L M C I T 59126 10/15/2002 00828 L M C I T 59127 10/15/2002 00836 LAKE COUNTRY CHAPTER 59128 10/15/2002 00870 LINDBLOM, RANDY 59129 10/15/2002 02060 LITTLE CANADA, CITY OF 59130 10/15/2002 00932 MAPLEWOOD BAKERY 59131 10/15/2002 00935 MAPLEWOOD FIRE FIGHTERS RELIEF 59132 10/15/2002 00945 MASYS CORP 59133 10/15/2002 02580 MIKE ACKERMAN CONST Description/Account DATA PROCESSING - AUG NAME TAGS REIMBURSE MEALS & MILEAGE 9/21 - 9 REIMBURSE MEAL, PRK & MILEAGE 10/ QTRLY BILL - 2659 E SEVENTH PROJ 01-15 CONSULTING SRVS THRU 9 PROJ 00-03 PROF SRVS THRU 9/6 PROJ 01-14 CONSULTING SRVS THRU 9 LEGAL SERVICES ON 2002 BONDS INSTALL 1" WATER SERVICE & 4" SEWE INSTALL BUMPER & RUB RAIL REPAIR LOCK - STATION 2 AUTO CAD SUBSCRIPTION RENEWAL - TAYLOR TECH UNLIMITED ANNUAL TEC LOCKER KEYS TRAINING FOR HR MODULE OF EDEN S PROD 00-03 GLADSTONE SO PYMT #7 REIMBURSE MILEAGE & PARKING 9/13 MGMT TRAINING REF GRADING ESC - 2161 VANDYKE ST RICOH COPIER LEASE HP COLOR LASERJET 460ODN PRINTER NET BILLABLE TICKETS TREE REMOVAL POSTAGE REPAIR PHONE SYSTEM INSTALLED FAX LINE MOVED CRT REPLACE POWER SUPPLY REF GRADING ESC - 2278 TILSEN CT E RADIO BATTERY REIMBURSE MEAL & MILEAGE 10/3 SPRING CLEANUP - APPLIANCES LEGAL SERVICES - SEP PROSECUTION SRVS - SEP REF GRADING ESC - CO RD D REF GRADING ESC - 1615 CO RD D REF GRADING ESC - 1621 CO RD D REF GRADING ESC - 1627 CO RD D REF GRADING ESC - 1633 CO RD D REF GRADING ESC - 1645 CO RD D REF GRADING ESC - 1675 CO RD D REF GRADING ESC - 1681 CO RD D WORK COMP - 2ND QUARTER INSURANCE CLAIM INSURANCE CLAIM FIRE/LIFE SAFETY TRAINING - 4 FIRE & LIFE SAFETY TRAINING - 1 REIMBURSE SHOES YOUTH BASKETBALL PROGRAM BIRTHDAY CAKES 2002 STATE FIRE AID SOFTWARE MAINT - NOV REF GRADING ESC - 1786 IDE ST NO Amount 392.00 14.69 420.80 164.11 22.43 834.25 1,710.75 2,238.25 6,070.00 4,628.00 689.50 149.56 2,084.00 835.00 337.61 417.50 312, 628.72 21.60 900.00 6,320.38 293.94 2,508.55 65.10 383.40 21.40 252.00 988.75 433.47 774.57 1,041.78 44.73 77.02 1,730.00 13,234.31 9,825.00 3,309.78 1,033.15 1,033.15 1,033.15 1,033.15 1,027.53 1,040.82 1,040.82 31,914.00 2,664.44 437.39 700.00 175.00 143.65 1,800.00 106.75 145,662.00 738.68 1,053.15 vchlist Check Register Page: 2 10/11/2002 11:23:42AM City of Maplewood Check Date Vendor Description/Account Amount 59134 10/15/2002 02634 MN METRO FIRE OFFICERS ASSN MEMBERSHIP DUES 100.00 59135 10/15/2002 01051 MN OCCUPATIONAL HEALTH PRE -PLACEMENT EXAMS 2,437.00 59136 10/15/2002 01095 MODERN FENCE & CONST INC REPAIR CHAIN LINK FENCE 525.00 59137 10/15/2002 01173 NORTH METRO AUTOMOTIVE REPLACE BRAKES 457.69 59138 10/15/2002 02629 NOVACARE CBO PRE-EMPLOYMENT EXAMS 630.00 59139 10/15/2002 01215 OLSON, SANDRA K REIMBURSE MILEAGE & MEAL 5/29 TO 1 18.40 59140 10/15/2002 00001 ONE TIME VENDOR REF DAVE OR CINDY HOM - DRIVEWAY 1,638.00 59141 10/15/2002 00001 ONE TIME VENDOR REF BENJAMIN MARTINEZ - DRIVEWAY 312.09 59142 10/15/2002 00001 ONE TIME VENDOR REF DONALD YANG - HOME OCC FEE 158.00 59143 10/15/2002 00001 ONE TIME VENDOR REF FINAL GRADE INC - SEWER PRMT 9 72.00 59144 10/15/2002 00001 ONE TIME VENDOR REF ELIZABETH RHOADES - CRUISE 58.00 59145 10/15/2002 00001 ONE TIME VENDOR REF APOLLO HEATING - DUP PRMT 8/ 55.50 59146 10/15/2002 02630 PEARSON BROS INC PROJ 02-12 SEAL COATING 79,116.56 59147 10/15/2002 02103 PINK BUSINESS INTERIORS INC OFFICE FURNITURE FOR ONE OFFICE ( 5,958.45 59148 10/15/2002 00396 PUBLIC SAFETY, DEPT OF HARDWARE/SOFTWARE MAINT 1,920.00 HARDWARE/SOFTWARE MAINT 1,350.00 59149 10/15/2002 01337 RAMSEY COUNTY -PROP REC & REV DATA PROCESSING - AUG 2,960.00 59150 10/15/2002 02010 RAMSEY CTY ATTORNEY'S OFFICE 20% FORFEITED PROPERTY 01-017-387 700.00 20% FORFEITED PROEPRTY 02-001-438 153.40 59151 10/15/2002 02631 RESCUE RESPONSE GEAR LLC STERLING RIT 900 6.88 MM & SUPPLIES 147.00 59152 10/15/2002 02632 SERVICE MASTER PROJ 01-15 CLEANUP STORM WATER 2,417.55 59153 10/15/2002 01491 SPECIALTY RADIO SERVICES RADIO SUPPLIES 312.05 59154 10/15/2002 01504 ST PAUL, CITY OF ADMIN FEE TO INSTALL WATER SERVIC 75.00 59155 10/15/2002 01526 STATE TREASURER 10% FORFEITED PROPERTY 01-017-387 350.00 10% FORFEITED PROPERTY 02-001-438 76.70 59156 10/15/2002 01569 SWEET COMPUTER SERVICES, INC REPORT MODULE & SUPPORT 860.00 59157 10/15/2002 01572 SYSTEMS SUPPLY, INC. INK CARTRIDGES 147.58 INK CARTRIDGES 97.04 59158 10/15/2002 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS NO 708.21 PROJ 01-14 ENGLISH ST PYMT #4 281,523.71 59159 10/15/2002 02164 TOLTZ, KING, DUVALL, ANDERSON PROJ 01-04 PROF SRVS THRU 8/31/02 195.20 PROJ 01-29 PROF SRVS THRU 8/31 1,517.27 59160 10/15/2002 01675 U.H.L. CO. INC. HEAT VALVES 121.60 59161 10/15/2002 02069 ULTIMATE DRAIN SERVICES INC PROJ 01-29 TELEVISE SEWER 210.00 59162 10/15/2002 01704 URBANSKI, HOLLY REPLENISH PETTY CASH 74.61 59163 10/15/2002 02165 URS / BRW INC PROJ 01-28 PROF SRVS THRU 9/13 10,690.75 PROJ 02-07 PROF SRVS THRU 9/13/02 19,382.38 59164 10/15/2002 01709 VASKO RUBBISH REMOVAL FALL CLEANUP EVENT 9/21 13,253.40 59165 10/15/2002 01712 VENBURG TIRE CO. TIRE REPAIR 12.00 59166 10/15/2002 01889 VOYAGEURS AREA COUNCIL EXPLORER CONFERENCE & COMPETIT 435.00 59167 10/15/2002 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSPECTIONS 65.00 59168 10/15/2002 01828 WEAVER, KRIS A REIMBURSE MEAL 9/26 8.00 59169 10/15/2002 01755 WEBER ELECTRIC OSHA INSPECTION CORRECTIONS 4,779.49 INSTALL 7 CORD DROPS 2,859.94 INSTALL FLAG LIGHT 572.92 59170 10/15/2002 02633 WESTERN PETROLEUM CO REF GRADING ESC - 2289 MINNEHAHA 11,461.92 59171 10/15/2002 01190 XCEL ENERGY MONTHLY UTIL - STATEMENT DATE 10 38,305.40 76 Checks in this report Total checks : 1,057,779.59 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 10/03/02 10/07/02 10/07/02 10/08/02 10/09/02 10/10/02 10/11/02 10/10/02 10/11/02 10/04/02 10/11/02 10/04/02 10/07/02 10/08/02 10/09/02 10/10/02 10/11/02 10/11/02 10/11/02 10/11/02 10/11/02 10/14/02 MN Dept of Natural Resources JP Morgan Chase MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer ICMA (Vantagepointe) Employees JP Morgan Chase Elan Financial Services MN State Treasurer TOTAL Description DNR electronic licenses Investment purchase Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar Deferred Compensation DCRP & Flex plan payments Investment purchase Purchasing card items Drivers License/Deputy Registrar Amount 551.60 499,385.42 11,864.24 17,751.13 13,986.83 16,012.63 6,923.72 755.68 999,410.00 45,123.20 15,287.26 I,VL/,VJ 1.1 1 vchlist Check Register Page: 1 10/18/2002 10:47:02AM City of Maplewood Check Date Vendor Description/Account Amount 59172 10/16/2002 00857 LEAGUE OF MINNESOTA CITIES NPDES STORMWATER GUIDE PLANS 5,000.00 59173 10/22/2002 02106 ADVANCED BUSINESS SYSTEMS, INC PRINTER REPAIR 436.06 PRINTER REPAIR 189.49 59174 10/22/2002 00058 AICHELE, CRAIG REIMBURSE - TOOLS 275.00 59175 10/22/2002 00110 ANDREWS, SCOTT REIMBURSE - MEALS 10/7 TO 10/9 20.08 59176 10/22/2002 00111 ANIMAL CONTROL SERVICES INC MAPLEWOOD PATROL FEES 556.88 59177 10/22/2002 02639 ARNT CONSTRUCTION INC PROJ 01-29 ELDRIDGE AVE IMP #1 92,518.55 59178 10/22/2002 00152 BANICK, JOHN REIMBURSE - FOOD FOR VOLUNTEERS 43.50 59179 10/22/2002 00173 BELDEN, TIM PIANO TUNED 75.00 59180 10/22/2002 02502 BOHMBACH, JOSHUA REIMBURSE- VEH ALL & MILEAGE 9/12 23.60 59181 10/22/2002 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 120.00 59182 10/22/2002 00244 CABLING SERVICES CORP INSTALL CABLE FROM IDF TO POLICE R 1,783.38 59183 10/22/2002 01832 CENTRAL ROOFING REPAIR ROOF 516.00 59184 10/22/2002 02251 CUSTOM HEADSETS INC ADAPTERS 87.11 59185 10/18/2002 02207 DELTA DENTAL PLAN OF MN MONTHLY PREMIUM 7,520.20 59186 10/22/2002 02625 DRAGONFLY GARDENS 84 FLATS NATIVE PERENNIALS INCLUDE 2,226.80 59187 10/22/2002 00494 FAMILY SERVICE INC YOUTH SERVICES - 3RD QUARTER 9,971.00 59188 10/22/2002 02071 FISHER, DAVID REIMBURSE - MEALS & MILEAGE 7/5 TO 165.84 59189 10/22/2002 00531 FRA -DOR BLACK DIRT & RECYCLE BLACKDIRT 40.00 59190 10/22/2002 00539 FREEDOM VALLI CENTER CAR WASHES 89.46 59191 10/22/2002 02635 G -WHIZ LETTERING LOGO ON SHIRTS 73.50 59192 10/22/2002 00719 INDEPENDENT SCHOOL DIST #622 JAZZ FESTIVAL ENVELOPES 65.00 59193 10/22/2002 00721 INDEPENDENT SPORTS NETWORK SOFTBALL UMPIRE SERVICE 3,540.00 59194 10/22/2002 02316 INSIGNIART PLAQUES OF PRIDE FIRE DEPT PLAQUES 289.70 59195 10/22/2002 00393 LABOR & INDUSTRY, DEPT OF LICENSE RENEWAL 15.00 59196 10/22/2002 02636 LEDCO DOCKING STATION REPAIR 68.41 59197 10/22/2002 00932 MAPLEWOOD BAKERY TRAINING REFRESHMENTS 29.71 BIRTHDAY CAKES 155.50 59198 10/18/2002 00966 MEDICA CHOICE MONTHLY PREMIUM 78,705.46 59199 10/22/2002 00986 METROPOLITAN COUNCIL MONTHLY SAC - SEP 38,610.00 59200 10/22/2002 01023 MN COUNTY ATTORNEYS ASSN DRUG FORFEITURE FORMS 21.40 59201 10/18/2002 01085 MN LIFE INSURANCE MONTHLY PREMIUM 3,071.69 59202 10/22/2002 02638 MN MUNICIPAL UTILITIES ASSN ADVANCED COMMUNICATION SEMINAR 75.00 59203 10/22/2002 01089 MN UC FUND 3RD QTR 2002 UNEMPLOYMENT 1,666.57 59204 10/22/2002 01114 MULVANEY, DENNIS REIMBURSE - TOOLS 275.00 59205 10/22/2002 00001 ONE TIME VENDOR REF PARIS REALTY - PROJ 02-02 ESCRC 59,355.00 59206 10/22/2002 00001 ONE TIME VENDOR REF TAMMY WALDORF - AMB 02013071 422.66 59207 10/22/2002 00001 ONE TIME VENDOR REF TOURCO - CASINO CRUISE 319.00 59208 10/22/2002 00001 ONE TIME VENDOR REF LINDA NAPOLI - BASKETBALL 55.00 59209 10/22/2002 01302 PRIEM, STEVEN REIMBURSE - TOOLS 275.00 59210 10/22/2002 01337 RAMSEY COUNTY -PROP REC & REV PROJ 01-03 EVP SIGNALS 2,120.00 59211 10/22/2002 02239 REFLECTIONS PRINTING INC MCC FALL NEWSLETTER 1,793.46 59212 10/22/2002 01359 REGAL AUTO WASH DETAIL XX CAR WASHES 201.87 59213 10/22/2002 00069 RISK MANAGEMENT ALTERNATIVES COLLECTION AGENCY FEE 185.16 COLLECTION AGENCY FEE 291.91 59214 10/22/2002 01409 S.E.H. PROJ 00-03 PROF SRVS THRU 9/30 680.74 PROJ 01-23 PROF SRVS THRU 9/30 226.76 PROJ 01-21 PROF SRVS THRU 9/30 729.99 PROJ 02-02 PROF SRVS THRU 9/30 1,599.09 59215 10/22/2002 01463 SISTER ROSALIND GEFRE MCC MASSAGES - SEP 1,859.00 59216 10/22/2002 01473 SMITH DIVING SCUBA CLASS INSTRUCTOR 70.00 59217 10/22/2002 01504 ST PAUL, CITY OF CRIME LAB SERVICES - SEP 145.00 RADIO MAINTENANCE -AUG 1,396.66 59218 10/22/2002 02406 STEFFEN, SCOTT L REIMBURSE - UNIFORM 388.63 vchlist Check Register Page: 2 10/18/2002 10:47:02AM City of Maplewood Check Date Vendor 59219 10/22/2002 01560 59220 10/22/2002 01574 59221 10/22/2002 01626 59222 10/22/2002 01026 59223 10/22/2002 01692 59224 10/22/2002 01683 59225 10/18/2002 02203 59226 10/22/2002 02165 59227 10/22/2002 01734 59228 10/22/2002 02410 SUPERIOR SERVICES INC T.A. SCHIFSKY & SONS, INC TIERNEY BROTHERS INC. TRANSPORTATION, DEPT OF U S POSTAL SERVICE UNIFORMS UNLIMITED INC UNUM LIFE INSURANCE - LTD URS / BRW INC WALSH, WILLIAM P. WELLS FARGO LEASING INC Description/Account Amount RECYCLING - SEP 17,066.16 VARIOUS BITUMINOUS MATERIALS NO 39.22 VIDEO PROJECTOR RENTAL WITH TEC 349.00 PROJ 01-14 & 01-15 TESTING & INSP 604.76 ANNUAL PERMIT#4903 FEE-NEWSLETTE 150.00 ANNUAL PERMIT#00625 FEE - MCC 150.00 UNIFORM 83.90 MONTHLY PREMIUM 2,802.36 PROJ 02-19 PROF SRVS THRU 9/13 6,924.47 COMM PLUMBING INSPECTIONS 424.43 COPIER LEASE 1,185.35 57 Checks in this report Total checks : 350,214.47 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 10/10/02 10/14/02 10/11/02 10/11/02 10/11/02 10/08/02 10/15/02 10/16/02 10/17/02 10/10/02 10/17/02 10/18/02 10/11/02 10/15/02 10/15/02 10/15/02 10/15/02 10/15/02 10/16/02 10/17/02 10/18/02 10/18/02 10/18/02 10/21/02 MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN Dept of Revenue MN State Treasurer MN State Treasurer MN State Treasurer MN Dept of Revenue Employees MN State Treasurer TOTAL Description DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. State Payroll Tax MN Care Tax Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar Sales Tax DCRP & Flex plan payments Drivers License/Deputy Registrar Amount 125.00 13,728.26 80,087.78 43,457.25 15,281.36 2,053.00 9,316.75 10,762.30 12,946.38 6,918.00 1,401.81 10,011.35 2W,U89.24 7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD �001 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 10/11/02 COLLINS, KENNETH 357.47 dd 10/11/02 JUENEMANN, KATHLEEN 357.47 dd 10/11/02 KOPPEN, MARVIN 357.47 dd 10/11/02 DARST, ROBERTA 1,265.66 dd 10/11/02 FURSMAN, RICHARD 4)846.52 dd 10/11/02 SCHLINGMAN, PAUL 1,951.14 dd 10/11/02 SEEGER, GERALD 445.45 dd 10/11/02 SWANSON, LYLE 1,765.68 dd 10/11/02 CARLSON, THERESE 2,017.98 dd 10/11/02 EDSON, KAREN 200.00 dd 10/11/02 LE, SHERYL 3,612.99 dd 10/11/02 FAUST, DANIEL 3,762.14 dd 10/11/02 URBANSKI, HOLLY 1,611.94 dd 10/11/02 ANDERSON, CAROLE 909.13 dd 10/11/02 BAUMAN, GAYLE 2,678.00 dd 10/11/02 JACKSON, MARY 1,664.74 dd 10/11/02 KELSEY, CONNIE 700.93 dd 10/11/02 TETZLAFF, JUDY 1,602.34 dd 10/11/02 FRY, PATRICIA 1,545.54 dd 10/11/02 GUILFOILE, KAREN 2,502.25 dd 10/11/02 OSTER, ANDREA 1,611.94 dd 10/11/02 CARLE, JEANETTE 1,490.35 dd 10/11/02 JAGOE, CAROL 1,490.34 dd 10/11/02 JOHNSON, BONNIE 900.99 dd 10/11/02 OLSON, SANDRA 1,074.29 dd 10/11/02 WEAVER, KRISTINE 1,528.74 dd 10/11/02 CORCORAN, THERESA 1,473.52 dd 10/11/02 MARTINSON, CAROL 1,653.36 dd 10/11/02 POWELL, PHILIP 1,860.59 dd 10/11/02 SPANGLER, EDNA 107.25 dd 10/11/02 THOMALLA, DAVID 3,218.71 dd 10/11/02 ABEL, CLINT 1,650.14 dd 10/11/02 ALDRIDGE, MARK 2,083.16 dd 10/11/02 ANDREWS, SCOTT 2,702.22 dd 10/11/02 BAKKE, LONN 2,137.39 dd 10/11/02 BANICK, JOHN 2,846.10 dd 10/11/02 BELDE, STANLEY 2,274.56 dd 10/11/02 BIERDEMAN, BRIAN 1,429.05 dd 10/11/02 BOHL, JOHN 2,283.12 dd 10/11/02 BUSACK, DANIEL 2,023.70 dd 10/11/02 DOBLAR, RICHARD 3,955.44 dd 10/11/02 HALWEG, KEVIN 3,179.67 dd 10/11/02 HEINZ, STEPHEN 2,313.51 dd 10/11/02 HIEBERT, STEVEN 2,494.67 �001 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 10/11/02 JOHNSON, KEVIN 3,166.80 dd 10/11/02 KARIS, FLINT 2,444.49 dd 10/11/02 KONG, TOMMY 1,825.48 dd 10/11/02 KROLL, BRETT 1,783.35 dd 10/11/02 KVAM, DAVID 3,942.89 dd 10/11/02 LARSON, DANIEL 2,218.84 dd 10/11/02 LU, JOHNNIE 2,615.79 dd 10/11/02 MARINO, JASON 2,534.04 dd 10/11/02 MARTIN, JERROLD 1,649.57 dd 10/11/02 METRY, ALESIA 1455.06 dd 10/11/02 OLSON, JULIE 2,023.70 dd 10/11/02 PALMA, STEVEN 2,282.37 dd 10/11/02 PIKE, GARY 2,312.84 dd 10/11/02 RABBETT, KEVIN 2,598.90 dd 10/11/02 STEFFEN, SCOTT 2,940.15 dd 10/11/02 STOCKTON, DERRELL 2,202.09 dd 10/11/02 SZCZEPANSKI, THOMAS 2,414.79 dd 10/11/02 THIENES, PAUL 2,182.27 dd 10/11/02 TRAN, JOSEPH 2,293.88 dd 10/11/02 WATCZAK, LAURA 2,221.91 dd 10/11/02 WENZEL, JAY 2,079.46 dd 10/11/02 XIONG, KAO 1,468.07 dd 10/11/02 BARTZ, PAUL 2,352.87 dd 10/11/02 BERGERON, JOSEPH 2,647.59 dd 10/11/02 CROTTY, KERRY 2,322.76 dd 10/11/02 DUGAS, MICHAEL 1,667.51 dd 10/11/02 DUNN, ALICE 2,344.58 dd 10/11/02 ERICKSON, VIRGINIA 0.00 dd 10/11/02 EVERSON, PAUL 1,887.28 dd 10/11/02 FLOR, TIMOTHY 2,623.30 dd 10/11/02 FRASER, JOHN 2,684.28 dd 10/11/02 HALWEG, JODI 1,454.76 dd 10/11/02 KATZMAN, BARBARA 1,465.54 dd 10/11/02 PARSONS, KURT 1,588.76 dd 10/11/02 ROSSMAN, DAVID 2,192.31 dd 10/11/02 GERVAIS-JR, CLARENCE 2,289.90 dd 10/11/02 BOYER, SCOTT 2,541.22 dd 10/11/02 FEHR, JOSEPH 2,417.16 dd 10/11/02 FLAUGHER, JAYME 2,295.46 dd 10/11/02 LAFFERTY, WALTER 2,396.76 dd 10/11/02 LINN, BRYAN 3,167.90 dd 10/11/02 PACOLT, MARSHA 2,111.59 dd 10/11/02 RABINE, JANET 2,298.11 dd 10/11/02 SCHAULS, ADAM 1,258.54 dd 10/11/02 STAHNKE, JULIE 2,285.38 dd 10/11/02 LUKIN, STEVEN 4,731.31 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 10 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 10/11/02 SVENDSEN, RUSTIN 2,415.14 dd 10/11/02 ZWIEG, SUSAN 1,611.95 dd 10/11/02 DOLLERSCHELL, ROBERT 260.67 dd 10/11/02 AHL, R. CHARLES 3,830.26 dd 10/11/02 NIVEN, AMY 1,033.76 dd 10/11/02 PRIEFER, WILLIAM 2,152.75 dd 10/11/02 WEGWERTH, JUDITH 1,611.94 dd 10/11/02 BRINK, TROY 1,316.74 dd 10/11/02 DEBILZAN, THOMAS 1,447.14 dd 10/11/02 EDGE, DOUGLAS 100.34 dd 10/11/02 KANE, MICHAEL 2,341.54 dd 10/11/02 LUTZ, DAVID 1,982.24 dd 10/11/02 MEYER, GERALD 604.48 dd 10/11/02 NAGEL, BRYAN 1,681.14 dd 10/11/02 OSWALD, ERICK 1,670.34 dd 10/11/02 TEVLIN, TODD 1,379.94 dd 10/11/02 BOHMBACH, JOSHUA 190.13 dd 10/11/02 CAVETT, CHRISTOPHER 2,828.79 dd 10/11/02 DUCHARME, JOHN 2,062.34 dd 1- /-1 t/02 L-INDB-L-OM, RANDAL-- X2-89.6-8 dd 10/11/02 PECK, DENNIS 2,143.94 dd 10/11/02 PRIEBE, WILLIAM 2,411.46 dd 10/11/02 SCHACHT, ERIN 2,026.04 dd 10/11/02 ANDERSON, BRUCE 3,542.69 dd 10/11/02 DOHERTY, KATHLEEN 1,611.94 dd 10/11/02 MARUSKA, MARK 2,341.54 dd 10/11/02 NAUGHTON, JOHN 1,379.94 dd 10/11/02 SCHINDELDECKER, JAMES 1,670.34 dd 10/11/02 BIESANZ, OAKLEY 1,104.59 dd 10/11/02 GREW-HAYMAN, JANET 903.97 dd 10/11/02 HUTCHINSON, ANN 1,921.54 dd 10/11/02 KOS, HEATHER 455.00 dd 10/11/02 NELSON, JEAN 922.62 dd 10/11/02 GAYNOR, VIRGINIA 1,739.14 dd 10/11/02 COLEMAN, MELINDA 3,750.34 dd 10/11/02 EKSTRAND, THOMAS 2,388.78 dd 10/11/02 KROLL, LISA 985.55 dd 10/11/02 LIVINGSTON, JOYCE 894.20 dd 10/11/02 SINDT, ANDREA 1,331.94 dd 10/11/02 THOMPSON, DEBRA 584.94 dd 10/11/02 YOUNG, TAMELA 1,239.94 dd 10/11/02 BERGO, CHAD 1,805.38 dd 10/11/02 FINWALL, SHANN 1,920.82 dd 10/11/02 ROBERTS, KENNETH 2,318.83 dd 10/11/02 CARVER, NICHOLAS 2,274.34 dd 10/11/02 FISHER, DAVID 2,608.78 10 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 11 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 10/11/02 SWAN, DAVID 958.75 dd 10/11/02 KONEWKO, DUWAYNE 2,145.54 dd 10/11/02 ANZALDI, MANDY 364.00 dd 10/11/02 FINN, GREGORY 1,693.74 dd 10/11/02 FLUG, ELAINE 74.00 dd 10/11/02 GRAF, MICHAEL 1,529.14 dd 10/11/02 KELLY, LISA 1,172.10 dd 10/11/02 LUSHANKO, ADAM 56.00 dd 10/11/02 ROBBINS, AUDRA 1,572.74 dd 10/11/02 TAUBMAN, DOUGLAS 2,439.87 dd 10/11/02 BREHEIM, ROGER 1,683.14 dd 10/11/02 NORDQUIST, RICHARD 2,031.98 dd 10/11/02 SCHULTZ, SCOTT 1,945.78 dd 10/11/02 COLEMAN, PHILIP 60.57 dd 10/11/02 CROSSON, LINDA 2,046.34 dd 10/11/02 EASTMAN, THOMAS 2,277.54 dd 10/11/02 ERICKSON, KYLE 570.27 dd 10/11/02 HABLE, NATASHA 196.10 dd 10/11/02 HERSOM, HEIDI 1,662.20 dd 10/11/02 MCCLUNG, HEATHER 383.74 dd 10/11/02 ROA, MILTON 298.20 dd 10/11/02 STAPLES, PAULINE 2,565.11 dd 10/11/02 AHL, KAREN 14.63 dd 10/11/02 ATKINS, KATHERINE 191.38 dd 10/11/02 ATKINSON, PATRICE 93.79 dd 10/11/02 BADEN, ALISON 292.82 dd 10/11/02 CORNER, AMY 83.20 dd 10/11/02 DEGRAW, KRYSTAL 135.15 dd 10/11/02 DOTY, JANET 334.44 dd 10/11/02 GUZIK, JENNIFER 99.00 dd 10/11/02 HORWATH, RONALD 1,499.14 dd 10/11/02 IRISH, KARL 79.75 dd 10/11/02 KOEHNEN, AMY 41.10 dd 10/11/02 KOEHNEN, MARY 495.64 dd 10/11/02 KRONHOLM, KATHRYN 318.64 dd 10/11/02 LAWSON, JOSHUA 55.25 dd 10/11/02 MARUSKA, ERICA 209.80 dd 10/11/02 OVERBY, ANNA 36.00 dd 10/11/02 POWERS, JESSICA 388.00 dd 10/11/02 SCHAEFER, ROB 67.28 dd 10/11/02 SCHULTZ, PETER 91.00 dd 10/11/02 THOEMKE, MARIE 12.50 dd 10/11/02 WORWA, LINDSAY 103.73 dd 10/11/02 GROPPOLI, LINDA 292.16 dd 10/11/02 RENSLOW, RITA 263.63 dd 10/11/02 CRAWFORD - JR, RAYMOND 73.15 11 dd dd dd dd dd dd dd dd dd wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf wf CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME LONETTI, JAMES PRINS, KELLY PRINS, MELISSA REILLY, MICHAEL SARPONG, SEAN AICHELE, CRAIG PRIEM, STEVEN FOWLDS, MYCHAL HURLEY, STEPHEN CARDINAL, ROBERT WASILUK, JULIE HENSLEY, PATRICIA INGVOLDSTAD, CURTIS JAHN, DAVID MORIN, TROY MATHEYS,ALANA HANSEN, LORI VIETOR, LORRAINE ANDERSON, ELSIE ANDERSON, SUZANNE BARRETT, MARLIS BARTELT, JOAN BEHM, GERALD BELLAND, JAIME BERGER, CAROLE BERGER, MERVIN BREIDENSTEIN, ANNA BUNDE, JENNETTE BUTTON, JOAN CAHANES, LUCILLE DEHEN, VIRGINIA DELMONTE, BERNICE DICKSON, HELEN DITTEL, KATHLEEN DROEGER, DIANE DUCHARME, FRED DUELLMAN, AUDREY EICKHOFF, CAROLYN EINEKE, JOHN FALLON, ANN FISCHER, LORRAINE FISCHER, MARY FITZGERALD, DELORES FOSBURGH, ANNE FRANSSEN, MARYANN FREDERICKSON, RITA AMOUNT 892.55 967.63 121.50 1,403.41 112.70 1,886.62 1,976.72 1,582.08 2,608.78 406.20 357.47 136.00 75.00 1,487.45 221.00 1,741.94 1,464.74 1,629.11 136.00 88.00 136.00 132.00 180.00 132.00 140.00 166.50 132.00 128.00 40.00 166.50 136.00 144.00 132.00 144.00 162.00 171.00 175.50 140.00 180.00 184.50 175.50 144.00 136.00 180.00 136.00 136.00 12 10/11/02 10/11/02 10/11/02 10/11/02 10/11/02 10/11/02 --10/1-1/02 10/11/02 10/11/02 90632 10/11/02 90633 10/11/02 90634 10/11/02 90635 10/11/02 90636 10/11/02 90637 10/11/02 90638 10/11/02 90639 10/11/02 90640 10/11/02 90641 10/11/02 90642 10/11/02 90643 10/11/02 90644 10/11/02 90645 10/11/02 90646 10/11/02 90647 10/11/02 90648 10/11/02 90649 10/11/02 90650 10/11/02 90651 10/11/02 90652 10/11/02 90653 10/11/02 90654 10/11/02 90655 10/11/02 90656 10/11/02 90657 10/11/02 90658 10/11/02 90659 10/11/02 90660 10/11/02 90661 10/11/02 90662 10/11/02 90663 10/11/02 90664 10/11/02 90665 10/11/02 90666 10/11/02 90667 10/11/02 90668 10/11/02 EMPLOYEE NAME LONETTI, JAMES PRINS, KELLY PRINS, MELISSA REILLY, MICHAEL SARPONG, SEAN AICHELE, CRAIG PRIEM, STEVEN FOWLDS, MYCHAL HURLEY, STEPHEN CARDINAL, ROBERT WASILUK, JULIE HENSLEY, PATRICIA INGVOLDSTAD, CURTIS JAHN, DAVID MORIN, TROY MATHEYS,ALANA HANSEN, LORI VIETOR, LORRAINE ANDERSON, ELSIE ANDERSON, SUZANNE BARRETT, MARLIS BARTELT, JOAN BEHM, GERALD BELLAND, JAIME BERGER, CAROLE BERGER, MERVIN BREIDENSTEIN, ANNA BUNDE, JENNETTE BUTTON, JOAN CAHANES, LUCILLE DEHEN, VIRGINIA DELMONTE, BERNICE DICKSON, HELEN DITTEL, KATHLEEN DROEGER, DIANE DUCHARME, FRED DUELLMAN, AUDREY EICKHOFF, CAROLYN EINEKE, JOHN FALLON, ANN FISCHER, LORRAINE FISCHER, MARY FITZGERALD, DELORES FOSBURGH, ANNE FRANSSEN, MARYANN FREDERICKSON, RITA AMOUNT 892.55 967.63 121.50 1,403.41 112.70 1,886.62 1,976.72 1,582.08 2,608.78 406.20 357.47 136.00 75.00 1,487.45 221.00 1,741.94 1,464.74 1,629.11 136.00 88.00 136.00 132.00 180.00 132.00 140.00 166.50 132.00 128.00 40.00 166.50 136.00 144.00 132.00 144.00 162.00 171.00 175.50 140.00 180.00 184.50 175.50 144.00 136.00 180.00 136.00 136.00 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 90669 10/11/02 GELAO, BEVERLY 128.00 wf 90670 10/11/02 GILSTAD, MARK 82.00 wf 90671 10/11/02 GOLASKI, DIANE 120.00 wf 90672 10/11/02 GRANGER, BETTY 132.00 wf 90673 10/11/02 GRANT, GUY 156.00 wf 90674 10/11/02 HAYDE, WALTER 136.00 wf 90675 10/11/02 HECHT, LLOYD 136.00 wf 90676 10/11/02 HINES, CONSTANCE 132.00 wf 90677 10/11/02 HORTON, SHIRLEE 136.00 wf 90678 10/11/02 JANACEK, JEFFREY 112.00 wf 90679 10/11/02 JENSEN, BARBARA 90.00 wf 90680 10/11/02 JOHNSON, BARBARA 132.00 wf 90681 10/11/02 KANDLER, DOROTHEA 132.00 wf 90682 10/11/02 KIDMAN, MARILYN 108.00 wf 90683 10/11/02 KING, HELEN 132.00 wf 90684 10/11/02 KOCH, ROSEMARY 132.00 wf 90685 10/11/02 KOLASA, JOAN 140.00 wf 90686 10/11/02 KOLASA, JOSEPH 132.00 wf 90687 10/11/02 KREKELBERG, MONA 140.00 wf 90688 10/11/02 KUNDE, MARGARET 128.00 wf 90689 10/11/02 LACKNER, MARVELLA 136.00 wf 90690 10/11/02 LALLY, RITA 166.50 wf 90691 10/11/02 LAUREN, LORRAINE 153.00 wf 90692 10/11/02 LEITER, JACQUELINE 118.00 wf 90693 10/11/02 LOFGREN, RICHARD 184.50 wf 90694 10/11/02 LUTTRELL, SHIRLEY 166.50 wf 90695 10/11/02 MARKIE, CLAIRE 136.00 wf 90696 10/11/02 MARSH, DELORES 136.00 wf 90697 10/11/02 MASKREY, THOMAS 88.00 wf 90698 10/11/02 MEYER, JACQUELINE 128.00 wf 90699 10/11/02 MISGEN, JOAN 136.00 wf 90700 10/11/02 MOLLERS, KATHERINE 136.00 wf 90701 10/11/02 MONAHAN-JUNEK, JACKIE 64.00 wf 90702 10/11/02 MOSSONG, BETTY 136.00 wf 90703 10/11/02 NIEMAN, JAMES 132.00 wf 90704 10/11/02 NIETERS, LOUISE 144.00 wf 90705 10/11/02 NOHRE, ROZANNE 112.00 wf 90706 10/11/02 NORMAN, NEVA 92.00 wf 90707 10/11/02 OGILVIE, BEVERLY 56.00 wf 90708 10/11/02 PAULEY, PHYLLIS 136.00 wf 90709 10/11/02 PEHL, DAVID 132.00 wf 90710 10/11/02 PETERSEN, KARYL 136.00 wf 90711 10/11/02 PETSCHEL, LORRAINE 162.00 wf 90712 10/11/02 ROSSI, ROSE 140.00 wf 90713 10/11/02 RUDEEN, ELAINE 136.00 wf 90714 10/11/02 RUTZ, RONALD 148.00 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 90715 10/11/02 SAJEVIC, FLORENCE 136.00 wf 90716 10/11/02 SCHAAF, LARRY 132.00 wf 90717 10/11/02 SCHNEIDER, MARY 140.00 wf 90718 10/11/02 SCHOENECKER, SANDRA 128.00 wf 90719 10/11/02 SCHROEPFER, DONALD 128.00 wf 90720 10/11/02 SCHROEPFER, HARRIET 136.00 wf 90721 10/11/02 SKLUZACEK, EVELYN 128.00 wf 90722 10/11/02 SPIES, LOUIS 136.00 wf 90723 10/11/02 STAFKI, TIM 92.00 wf 90724 10/11/02 TAYLOR, LORRAINE 136.00 wf 90725 10/11/02 TAYLOR, RITA 136.00 wf 90726 10/11/02 THOMPSON, MILO 162.00 wf 90727 10/11/02 THOMPSON, PATRICIA 171.00 wf 90728 10/11/02 TOLBERT, D -FRANKLIN 140.00 wf 90729 10/11/02 TOMASZEWSKI, CARMEN 112.00 wf 90730 10/11/02 TROOIEN, GERALDINE 136.00 wf 90731 10/11/02 TUCKER, CECILIA 136.00 wf 90732 10/11/02 VANDEVEER, BARBARA 136.00 wf 90733 10/11/02 VATNE, MARY 136.00 wf 90734 10/11/02 WANDERSEE, GENE 132.00 wf 90735 10/11/02 WASMUNDT, GAYLE 132.00 wf 90736 10/11/02 WILLY, JOHN 136.00 wf 90737 10/11/02 WITSCHEN, DELORES 136.00 wf 90738 10/11/02 PALANK, MARY 1,490.34 wf 90739 10/11/02 RICHIE, CAROLE 1,490.34 wf 90740 10/11/02 SVENDSEN, JOANNE 1,790.69 wf 90741 10/11/02 TICHY, PAMELA 138.00 wf 90742 10/11/02 STEINER, JOSEPH 465.00 wf 90743 10/11/02 WELCHLIN, CABOT 2,465.44 wf 90744 10/11/02 SHORTREED, MICHAEL 2,309.51 wf 90745 10/11/02 OLINGER, SHELLEY 1,658.02 wf 90746 10/11/02 CUDE, LARRY 418.59 wf 90747 10/11/02 FREBERG, RONALD 1,945.49 wf 90748 10/11/02 JONES, DONALD 1,607.14 wf 90749 10/11/02 ELIAS, JAMES 2,400.17 wf 90750 10/11/02 CARVER, JUSTIN 70.00 wf 90751 10/11/02 EDSON, DAVID 2,009.94 wf 90752 10/11/02 GOODRICH, CHAD 196.00 wf 90753 10/11/02 HELEY, ROLAND 1,699.14 wf 90754 10/11/02 HINNENKAMP, GARY 1,680.06 wf 90755 10/11/02 LINDORFF, DENNIS 1,670.34 wf 90756 10/11/02 NOVAK, MICHAEL 1,517.54 wf 90757 10/11/02 BERGREN, KIRSTEN 38.50 wf 90758 10/11/02 GERNES, CAROLE 587.50 wf 90759 10/11/02 SOUTTER, CHRISTINE 165.38 wf 90760 10/11/02 BUNCE, LARRY 1,788.74 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 90761 10/11/02 BANICK, STEVE 31.50 wf 90762 10/11/02 BELLO, ANTHONY 96.00 wf 90763 10/11/02 BOTHWELL, KRISTIN 107.25 wf 90764 10/11/02 CONLIN, NICOLE 75.00 wf 90765 10/11/02 FRANK, LAURA 382.50 wf 90766 10/11/02 FRANK, SARAH 20.50 wf 90767 10/11/02 GLASS, DANIEL 33.00 wf 90768 10/11/02 GRANDPRE, PATRICK 52.00 wf 90769 10/11/02 HOIUM, PHILIP 96.00 wf 90770 10/11/02 KLEM, JOSH 160.00 wf 90771 10/11/02 KLEPPE, JOSEPH 20.00 wf 90772 10/11/02 LEBENS, SARAH E 50.00 wf 90773 10/11/02 LO, CHUEPHENG 275.50 wf 90774 10/11/02 LO, SAO 30.00 wf 90775 10/11/02 LOPEZ, DONALD 140.00 wf 90776 10/11/02 MARTINUCCI, KAITLIN 30.75 wf 90777 10/11/02 MILLER, JEFFREY 204.00 wf 90778 10/11/02 OHLHAUSER, MEGHAN 348.07 wf 90779 10/11/02 RYDEL, RACHEL 51.25 wf 90780 10/11/02 SCHAUER, JOSEPH 80.44 wf 90781 10/11/02 SHOBERG, KARI 78.75 wf 90782 10/11/02 VANDERZANDEN, MARK 71.75 wf 90783 10/11/02 WEGNER, CHRISTOPHER 72.00 wf 90784 10/11/02 YORKOVICH, BRADLEY 29.00 wf 90785 10/11/02 GERMAIN, DAVID 1,683.14 wf 90786 10/11/02 HAAG, MARK 1,457.54 wf 90787 10/11/02 NADEAU, EDWARD 2,341.54 wf 90788 10/11/02 GLASS, JEAN 1,249.04 wf 90789 10/11/02 HELLER, PATTI 62.13 wf 90790 10/11/02 HOIUM, SHEILA 950.51 wf 90791 10/11/02 JACK, NICOLE 115.60 wf 90792 10/11/02 MOY, PAMELA 394.25 wf 90793 10/11/02 PARTLOW, JOSHUA 225.70 wf 90794 10/11/02 RIDLEHOOVER, KATE 23.25 wf 90795 10/11/02 SCHMIDT, RUSSELL 1,503.14 wf 90796 10/11/02 SHOBERG, CARY 688.98 wf 90797 10/11/02 TOLBERT, FRANCINE 127.80 wf 90798 10/11/02 UNGER, MARGARET 697.77 wf 90799 10/11/02 VELASQUEZ, ANGELA 13.91 wf 90800 10/11/02 ABRAHAMSON, DANIEL 54.04 wf 90801 10/11/02 ANDERSON, CALEB 269.75 wf 90802 10/11/02 ANDERSON, JONI 58.95 wf 90803 10/11/02 BENDTSEN, LISA 40.50 wf 90804 10/11/02 BRENEMAN, NEIL 99.33 wf 90805 10/11/02 CHAPMAN, JENNY 321.46 wf 90806 10/11/02 CORY, GRACE 71.00 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 90807 10/11/02 COSTA, JOSEPH 39.20 wf 90808 10/11/02 DEMPSEY, BETH 89.20 wf 90809 10/11/02 DIERICH, ANDREA 13.80 wf 90810 10/11/02 DUNN, RYAN 341.34 wf 90811 10/11/02 FENGER, JUSTIN 25.88 wf 90812 10/11/02 FIERRO WESTBERG, MELINDA 42.40 wf 90813 10/11/02 FINNEGAN, KAREN 72.00 wf 90814 10/11/02 FONTAINE, ANTHONY 15.90 wf 90815 10/11/02 FONTAINE, KIM 530.45 wf 90816 10/11/02 GRUENHAGEN, LINDA 323.60 wf 90817 10/11/02 HEINN, REBECCA 17.90 wf 90818 10/11/02 HOLMGREN, LEAH 192.08 wf 90819 10/11/02 HOULE, DENISE 229.60 wf 90820 10/11/02 IRISH, GRACE 45.85 wf 90821 10/11/02 JOHNSON, ROBERT 246.13 wf 90822 10/11/02 JOYER, MARTI 38.23 wf 90823 10/11/02 KILGORE, MARGO 36.00 wf 90824 10/11/02 LINDSTROM, AMANDA 35.75 wf 90825 10/11/02 MCNL HON, MELISSA 80.85 wf 90826 10/11/02 MELCHER, ROBERT 143.00 wf 90827 10/11/02 MISEMER, BENJAMIN 91.00 wf 90828 10/11/02 MOES, EMILIA 127.50 wf 90829 10/11/02 OLSON, MARGRET 57.88 wf 90830 10/11/02 OWEN, JONATHAN 86.25 wf 90831 10/11/02 PEHOSKI, JOEL 48.00 wf 90832 10/11/02 PROESCH, ANDY 171.94 wf 90833 10/11/02 RENSTROM, KEVIN 116.23 wf 90834 10/11/02 RODEN, JASON 278.25 wf 90835 10/11/02 SMITLEY, SHARON 236.80 wf 90836 10/11/02 TUPY, HEIDE 52.00 wf 90837 10/11/02 TUPY, MARCUS 279.85 wf 90838 10/11/02 WAGNER, ERIC 197.50 wf 90839 10/11/02 WARNER, CAROLYN 178.60 wf 90840 10/11/02 WEDES, CARYL 146.80 wf 90841 10/11/02 WHITE, NICOLE 85.05 wf 90842 10/11/02 BOSLEY, CAROL 236.90 wf 90843 10/11/02 ESALA, HOPE 9.00 wf 90844 10/11/02 HANSEN, ANNA 117.00 wf 90845 10/11/02 KURKOSKI, STEPHANIE 178.50 wf 90846 10/11/02 OIE, REBECCA 21.00 wf 90847 10/11/02 SHERRILL, CAITLIN 235.88 wf 90848 10/11/02 VAN HALE, PAULA 12.00 wf 90849 10/11/02 BEHAN, JAMES 1,632.84 wf 90850 10/11/02 COLLINS, ASHLEY 172.90 wf 90851 10/11/02 DOBLAR, STEVE 79.38 wf 90852 10/11/02 DOUGLASS, TOM 938.27 16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 90853 10/11/02 ECKER, JOHN 19.65 wf 90854 10/11/02 KOSKI, JOHN 1,137.14 wf 90855 10/11/02 KYRK, ASHLEY 134.13 wf 90856 10/11/02 MCCORKLE,.KELLIE 19.05 wf 90857 10/11/02 PATTERSON, ALBERT 897.83 wf 90858 10/11/02 RISTOW, JONATHAN 121.63 wf 90859 10/11/02 ROSSET, BRITTANY 25.40 wf 90860 10/11/02 SCHMIDT, WILLIAM 20.85 wf 90861 10/11/02 SCHULZE, BRIAN 259.70 wf 90862 10/11/02 SEVERSON, HOLLY 63.33 wf 90863 10/11/02 YOUNG, MATTHEW 230.45 wf 90864 10/11/02 ZIEMER, NICOLE 13.70 wf 90865 10/11/02 MULVANEY, DENNIS 1,896.29 389,223.18 17 AGENDA REPORT TO: City Manager FROM: Finance Director AGENDA NO. �� Acct; cr-i by council Endorsed Modified Rejected..,,,_, � .. RE: ORDINANCE TO SET SEWER RATES FOR 2003 (SECOND READING) DATE: October 17, 2002 On October 14 the City Council approved first reading of the attached ordinance to increase the sanitary sewer charges by 14.5% effective January 1, 2003. Attached is a copy of the agenda report from that meeting. It is recommended that second reading of the attached ordinance be approved to increase the sanitary sewer charges effective January 1, 2003. P\perm\SW RCH RG.2N D.doc Attachments AGENDA NO. AGENDA REPORT TO: City Manager FROM: Finance Director )Ma,.4P-- RE: ORDINANCE TO INCREASE SEWER RATES (1ST READING) DATE: October 2, 2002 INTRODUCTION It is proposed that sewer rates be increased by 14.5% effective January 1, 2003 to provide the revenues anticipated in the 2003 Budget. BACKGROUND The proposed 2003 Budget included a 29.4% increase in sewer service utility rates. Most of the increase was to replenish the Sewer Fund's working capital which has been used to finance unassessed sewer project costs. An increase in rates is also needed to finance the Metropolitan Council sewage treatment charges to Maplewood that will be 64% of the operating expenses (excluding depreciation) for the Sanitary Sewer Fund in 2003. The sewage treatment charges for 2003 are anticipated to be $2,078,690 which is $88,730 and 4.5% more than the 2002 Budget. The rates for sewage treatment will be 5.7% higher and flow should be 1.2% lower than anticipated in the 2002 Budget. Other operating expenses (excluding depreciation), which account for 36% of the total, are anticipated to be $1,162,110 in 2003. This is an increase of $171,620 and 17.3% above the 2002 original budget. Most of the increase is for a sump pump replacement program that will cost $100,000. On September 3 when the proposed 2003 Budget was presented to the City Council, it was indicated that two changes to the proposed budget would allow a smaller rate increase. The changes are: • Issuance of sewer revenue bonds to finance unassessed sewer system improvements for two projects • Delay implementation of the sump pump replacement program Under this option sewer rates would increase by 14.5%. The major advantage of this option is that the size of the rate increase would be greatly reduced. The disadvantages are that interest expense will be incurred on the revenue bonds and cost savings from the sump pump program will be delayed. PROPOSED RATE INCREASES The proposed rate increases are based upon a revised proposed 2003 Budget that includes issuance of sewer revenue bonds to finance unassessed sewer system improvements for two projects and delayed implementation of the sump pump replacement program. The following is a comparison between the present and proposed rates: Present Proposed St. Paul Billing District: Rate per 100 cubic feet $1.63 $1.87 Minimum Charge (per quarter) 9.16 10.49 North St. Paul, Roseville, Little Canada and Woodbu[y Billing Districts: Rate per 1,000 gals. 2.18 2.50 Minimum Charge (per quarter) 9.16 10.49 It should be noted that the sewer rates for 2003 are the same as 1999. In 2000, 2001 and 2002 the rates were less than 1999. RECOMMENDATION It is recommended that the attached ordinance, which provides for a revision of sewer rates, be approved for first reading. PARNANCEMORMAGMSEW03A.DOC Attachment ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO SEWER SERVICE CHARGES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: V Section 1. Chapter 28-21 is hereby amended to read as follows: The following rates and charges are hereby established for all sanitary sewer services furnished by and in the City: (1) St. Paul Billing District: (a) The residential and non-residential rates shall be $1.87 per 100 cubic feet. (b) There shall be a minimum of $10.49 quarterly per sewer service connection. (2) North St. Paul, Roseville, Little Canada and Woodbury Billing Districts: (a) The residential and non-residential rates shall be $2.50 per 1,000 gallons. (b) There shall be a minimum of $10.49 quarterly per sewer service connection Section 2. This ordinance shall take effect and be in force beginning January 1, 2003. AGENDA REPORT AGENDA NO. Action by Council Date. - Endorsed TO: City Manager Modified Rejected J FROM: Finance Director RE: INCREASE IN CITY CLERK DEPARTMENT SERVICE CHARGES DATE: October 18, 2002 INTRODUCTION It is proposed that the City Clerk Department service charges be increased by 2.7% effective January 1, 2003. BACKGROUND It has been past practice to raise service charges annually to key up with inflation. In 1993 a User Fee Study was completed for the City Clerk Department to insure that service charges finance an appropriate portion of the service costs. The User Fee Study report contained recommendations on 46 individual license/permit fees and service charges for the City Clerk Department. For each item, it had information on the unit volume, current fee, costs to provide the service, recommended fee, phase-in schedule covering three years for the recommended fee, estimated increased revenue from the recommended fee and subsidy amount after the recommended fee is phased in. On 12-13-93 the Council approved the recommended fees in the User Fee Study for 1994. There have been annual increases in the service charges since then. Beginning in 2003 it is proposed that cat and dog licenses be issued for two years and that the fee remains the same as it currently is for one year. Several cities are issuing two- year licenses now and it is hoped that this will result in more licenses being issued. It would be appropriate to increase all other City Clerk Department fees by 2.7% to keep up with inflation. RECOMMENDATION It is recommended that the Council (1) approve revisions in City Clerk Department services charges listed in Exhibit A effective January 1, 2003 and (2) approve first reading of an ordinance (Exhibit B) to amend the permit period for cat and dog licenses. P•\FINANr.F%W0Rn%Ar.N%1 IftFRFFF rr nnr. nrfnhar 1R gnn,) Exhibit A Page 1 of 3 CITY CLERK DEPARTMENT Service Charges Estimated Annual Volume 2001 Fee 2002 Fee 2003 Fee Alarm Installation Permit 20 $46 $47 $48 Alarm System License 165 46 47 48 Amusement Park License 1 320 327 336 Auctioneer License 1 89 91 93 Bench Permit 1 st Bench Additional Benches 1 18 57 34 58 35 60 36 Block Party License 1 0 0 0 Carnival License 3 314 321 330 Cat License - fee for two years 100 36 36 18 Catering Food Vehicle License 1 st Vehicle Each Additional Vehicle Fleet 2 1 1 107 72 286 109 74 292 112 76 300 Christmas Tree Sales License 8 190 194 199 Cigarette and Tobacco License 65 81 83 85 Coin Op. Amusement Device Base Fee Per Device 38 447 188 47 192 48 197 49 Currency Exchange License 1 300 308 Dog Kennels - New License 1 70 71 73 Dog Kennels - Renewal License 2 36 37 38 Dog License - fee for two years 700 36 36 18 Food Establishment License 126 554 566 581 Golf Course License 4 271 277 284 Itinerant Food Establishment License 12 63 1 64 66 * Fee is reduced by $3 if the animal is spayed or neutered. Also, if license is purchased by a senior citizen the fee is reduced by $3. P:\Finance\Exce1\Misc\FEES-CC 10/18/2002 Exhibit A Page 2 of 3 CITY CLERK DEPARTMENT Service Charges Estimated Annual 2001 2002 2003 Volume Fee Fee Fee Liquor License Investigation Fee 5 847 865 888 3.2 Beer Off -sale License 30 51 52 53 3.2 Beer On -sale License 4 195 199 204 Motor Vehicle Repair License 49 132 135 139 Nonperishable Food Vehicle License 1 st Vehicle 2 63 64 66 Each Additional Vehicle 1 37 38 39 Fleet 1 146 149 153 Pawn Shop 1 8,584 8,760 9,000 Pending Assessment Search 170 39 40 41 Personal Service Business Premise License -New 1 596 609 625 Personal Service Business Premise License - Renewal 3 212 216 222 Personal Service Worker - Investigation Fee 1 111 113 116 Personal Service Worker - License 13 183 187 192 Potentially Haz. Food Vehicle Licensing 1 st Vehicle 3 150 153 157 Each Additional Vehicle 1 72 74 76 Fleet 1 428 437 449 Second Hand Dealer License 4 302 308 316 Service Station License 1st Pump 17 151 154 158 Each Additional Pump 101 14 14 14 Sewer Connection Permit 145 78 80 82 P:\Finance\Exce1\Misc\FEES_CC 10/18/2002 Exhibit A Page 3 of 3 CITY CLERK DEPARTMENT Service Charges Estimated Annual 2001 2002 2003 Volume Fee Fee Fee Solicitor License Base Charge 2 142 145 149 Each Solicitor 2 49 50 51 Swimming Pool License - Commercial Indoor 10 97 99 102 Outdoor 22 97 99 102 Combined 2 132 135 139 Tavern License 1 48 49 50 Taxicab License 67 68 70 Base Charge 1 50 51 52 Each Driver 1 23 23 24 Temporary Food and Beer License 31 44 45 46 Theater License - Indoor 14 192 196 201 Theater License - Outdoor 0 469 479 492 Trailer Rental License 1st Five Trailers 3 37 38 39 Each Additional License 13 13 13 Used Car Dealer License 11 273 279 287 PAFinance\Excel\Misc\FEES CC 10/18/2002 Exhibit B ORDINANCE NO. CAT AND DOG LICENSES Section 1.Section 7-38 of the Code of the City of Maplewood is hereby amended as follows: Section 7-38. Permit period. The permit period under this division shall commence on January 1 of the year the permit is issued and will terminate on December 31 of the year after the permit is issued. Section 2. This ordinance shall take effect on January 1, 2003. Passed by the Maplewood City Council on , 2002. Attest: Clerk Ayes-- Nayes-- Mayor P•\FINANr.FwnRn\Ar.N\I ISFRFFF rr. nnr. nrtnhar 1R gfNM AGENDA NO. AGENDA REPORT Action by Council TO: City Manager Date_ Endorsed Modified FROM: Finance Director and Community Development Director Rejected RE: INCREASE IN COMMUNITY DEVELOPMENT DEPARTMENT SERVICE CHARGES DATE: October 18, 2002 INTRODUCTION It is proposed that the Community Development Department service charges be increased by 2.7% effective January 1, 2003. BACKGROUND It has been past practice to raise service charges annually to keep up with inflation. In 1993 a User Fee Study was completed for the Community Development Department to insure that service charges finance an appropriate portion of the service costs. The User Fee Study report contained recommendations on 50 individual license/permit fees and service charges for the Community Development Department. For each item, it had information on the unit volume, current fee, costs to provide the service, recommended fee, phase-in schedule covering five years for the recommended fee, estimated increased revenue from the recommended fee and subsidy amount after the recommended fee is phased in. On 5-24-93, the Council approved the recommended fees for 1993. There have been annual increases in the service charges since then. At this time, it would be appropriate to increase all Community Development Department fees by 2.7% to keep up with inflation. RECOMMENDATION It is recommended that the Council (1) approve revisions in Community Development Department license/permit fees and services charges listed in Exhibit A effective January 1, 2003 and (2) approve first reading of an ordinance (Exhibit B) to increase the planning fees. P•\FINANr.F\W0Rn\A(;N\I ICFRFFF nn nor Ontnhar 1A gnnq Exhibit A Page 1 of 3 COMMUNITY DEVELOPMENT DEPARTMENT Service Charges Estimated Fee Annual 2001 2002 2003 Volume Fee Fee Fee PLANNING FEES (Set by Ordinance) Zone Change 1 740 756 776 Conditional Use Permit: R1 and R2 1 221 226 232 Other 11 786 803 825 Conditional Use Permit Revision: R1 and R2 1 44 45 46 Other 2 158 161 165 Variances: R1 and R2 7 145 148 152 Other 5 809 826 848 Vacations: R1 and R2 10 139 142 146 Other 2 541 552 567 Lot Divisions (Fee per lot created): R1 and R2 11 77 79 81 Other 1 288 294 302 Home Occupations: Initial 2 158 161 165 Renewal 5 52 53 54 Sign Erection Permit 100 23 23 24 Billboard Erection Permit 1 87 89 91 Comprehensive Plan Amendment 3 1,077 * 1,100 * 1,130 Code Amendment 1 809 826 848 Planned Unit Development 1 1,192 * 1,220 * 1,250 * Plus a surcharge for each affected property to pay for the County's filing fee for resolutions PAFinance\Excel\Misc\FEES CD 10/17/2002 Exhibit A Page 2 of 3 COMMUNITY DEVELOPMENT DEPARTMENT Service Charges Fee Estimated Annual Volume 2001 Fee 2002 Fee 2003 Fee Preliminary Plat 7 1,331 1,360 1,400 Preliminary Plat Revision or Time Extension 9 210 214 220 Final Plat 5 362 370 380 Time Extensions/Renewals 9 132 135 139 Billboard License 1 339 346 355 LICENSES DUE JANUARY 1st Contractors License 600 107 109 112 Motels 1 - 15 Units 16 - 35 Units 36 - 100 Units Over 100 Units 1 2 1 2 102 139 256 294 104 142 261 300 107 146 268 308 Special Food Handling Establishment 35 85 87 89 MISCELLANEOUS SERVICE CHARGES Woodlot Alteration Permit 1 14 14 14 Building Relocation 5 773 789 810 Moving Permit 3 50 1 51 52 Community Design Review Board: R1 & R2 Other 2 16 178 650 182 664 187 682 Demolition Permit 1 59 60 62 Mobile Home Permit 1 38 39 40 On -Site Sewage Systems 6 63 64 66 Truth -In -Housing Filing Fee 100 29 30 31 Truth -In -Housing Evaluators License 29 99 101 104 Zoning Compliance Letter 23 1 23 24 Project Notification Sign 12 1 0 1 100 1 100 \Finance\Excel\Misc\FEES CD - 10/17/2002 Exhibit A Page 3 of 3 COMMUNITY DEVELOPMENT DEPARTMENT Service Charges Fee Estimated Annual Volume 2001 Fee 2002 Fee 2003 Fee PUBLICATIONS (Includes Sales Tax): Zoning Code 6 6 6 Platting Code 3 3 3 Sign Code 3 3 3 Comprehensive Plan 15 15 15 Zoning Map 11 11 11 City Map 3 3 3 Section Map 3 3 3 Planning Commission or Community Design Review Board: Minutes - Per Year Agenda Packet - Per Year Property Owner List 15 107 62 15 109 63 15 112 65 PAFinance\Excel\Misc\FEES CD 10/17/2002 Exhibit B ORDINANCE NO. PLANNING FEES Section 1.Section 36-26 of the Zoning Code of the City of Maplewood is hereby amended as follows: Section 36-26. Fees. The following nonrefundable application fees shall be required: Zone Change $776 Conditional Use Permit: R1 & R2 232 Other 825 Conditional Use Permit Revision: R1 and R2 46 Other 165 Variances: R1 and R2 152 Other 848 Vacations: R1 and R2 146 Other 567 Lot Divisions (Fee per lot created): R1 and R2 81 Other 302 Home Occupation Permit (initial permit) 165 (annual renewal) 54 Comprehensive Plan Amendment 1,130 Code Amendment 848 Planned Unit Development 1,250 Preliminary Plat 1,400 Preliminary Plat Revision or Time Extension 220 Final Plat 380 Time Extensions/Renewals 139 Section 2. Section 36 - 258 of the sign code is amended as follows: Section 36 - 258. Fees. (1) A sign erection permit fee (except for billboards) shall be $24. (2) The fee for erection of billboards shall be $91. (3) The annual license fee for billboards shall be $355. Section 3. This ordinance shall take effect on January 1, 2003. Passed by the Maplewood City Council on , 2002. Attest: Clerk Ayes -- N ayes-- Mayor AGENDA NO. AGENDA REPORT Action by Council I Date Endorsed _ TO: City Manager ModifiedRejected FROM: Finance Director fi97L�� RE: INCREASE IN MISCELLANEOUS SERVICE CHARGES DATE: October 18, 2002 INTRODUCTION It is proposed that the attached miscellaneous service charges be increased by 2.7% effective January 1, 2003. BACKGROUND It has been past practice to raise service charges annually to keep up with inflation. Attached is a listing of present and proposed fees. The proposed fees represent a 2.7% increase as anticipated in the 2003 Proposed Budget. Most fees are rounded off to the nearest $1 except for fees in excess of $1,000 which are rounded off to the nearest $10. Excluded from this report are Community Development Department and City Clerk Department service charges as these fees are covered in separate reports. RECOMMENDATION It is recommended that the Council increase the attached miscellaneous service charges by 2.7% effective January 1, 2003 to keep up with inflation. P\AGN\USERFEE_MISC Attachment P:\FINANCE\WORD\AGN\USERFEE-MISC.DOC GENERAL SERVICE CHARGES 2001 Fee 2002 Fee 2003 Fee Dog/Cat Impound Fee $32 $33 $34 Fire Dept. False Alarm Charge(D) 100-400 100-400 Police Dept. False Alarm Charge(A) 25-100 25-100 25-100 Liquor License - Temporary On-Sale - Per Day 167 171 176 Occupancy Permit 13 13 13 Police Accident Report Copies 5 5 5 Fire Report Copies 5 5 5 Fire Inspection of Day Care/Foster Care Facilities 43 44 Tax-Exempt Mortgage Revenue Financing - Commercial: Amount Paid with Application (non-refundable)* Base Charge (% of bond issue) Maximum (in addition to application fee)(C) 3,030 1% 28,600 3,090 1% 28,600 3,170 1% 28,600 Tax-Exempt Mortgage Revenue Financing - Residential (multiple-family dwellings): Amount Paid with Application (non-refundable)* Base Charge (% of bond issue) Maximum (in addition to application fee)(C) 3,030 1% 28,600 3,090 1% 28,600 3,170 1% 28,600 Tax Increment Financing: Application Fee (non-refundable) 6,010 6,140 6,310 Temporary Gambling Permit - Per Day(B) 50 50 50 *No application fee on refinancing bonds. (A) Set by ordinance adopted 8-28-95 (B) Set by ordinance adopted 9-10-90 (C) Set by Council on 9-23-96 (D) Set by ordinance adopted 12-17-01 PAFinance\Excel\Misc\FEE MISC 10/21/2002 Agenda Item # &-ev MEMORANDUM Action by Council Date TO: Richard Fursman, City Manager EndorsedModified ' FROM: Karen Guilfoile, City Clerkopi 7-� Rejected RE: Temporary Gambling Resolution DATE: October 21, 2002 Stephen Klein, on behalf of the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, has applied for a temporary gambling license to be used on November 20, 2002, to conduct bingo for fund raising for the school. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Agenda Item # &5q MEMORANDUM Action by Council Date To: Richard Fursman, City Managerr::�r�ed l4orlified From: Karen Guilfoile, City Clerk Rejected Date: October 21, 2002 Re: Gambling Resolution The Hill Murray Club has applied for the annual renewal of their Lawful Gambling License with the State of Minnesota. The premise permit will allow pull -tabs. The premise permit application requires a resolution from the City of Maplewood. The gambling will be conducted at Bleechers, 2220 White Bear Avenue. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Mothers Maplewood Hill Murray Club, to operate at the same at 2289 Minnehaha Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Agenda Item # MEMORANDUM Action by Council To: Richard Fursman, City Manager Date Endorsed From: Karen Guilfoile, City Clerk Modified _ Rejected Date: October 21, 2002 Re: Gambling Resolution The Hill Murray Club has applied for the annual renewal of their Lawful Gambling License with the State of Minnesota. The premise permit will allow pull -tabs. The premise permit application requires a resolution from the City of Maplewood. The gambling will be conducted at the 5.8 Tavern & Grill, 2289 Minnehaha Avenue. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Mothers Maplewood Hill Murray Club, to operate at the same at 2289 Minnehaha Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Agenda 6rq Action by Council MEMORANDUM Date Endorsed TO: Richard Fursman, City Manager Modified FROM: Shann Finwall, Associate Planner Rejected SUBJECT: Conditional Use Permit Review - Sinclair Oil Corporation LOCATION: 2158 Rice Street DATE: October 22, 2002 INTRODUCTION The city council approved two conditional use permit (CUP) requests by Sinclair Oil Corporation for the Sinclair Gas Station at 2158 Rice Street on October 8, 2002. One CUP was required in order to allow Sinclair to reconstruct a fuel canopy with an existing nonconforming setback. The second CUP was required for the expansion of a motor fuel station within the business commercial, BC, zoning district. Refer to the maps and the October 8, 2002, city council minutes on pages 2 through 8. Both CUPs are due for a one-year review by the city council. CODE REQUIREMENT Section 36-445 states all CUPs shall be reviewed by the city council within one year of the date of initial approval. At the one-year review, the city council may specify an indefinite term or specific term, not to exceed five years, for subsequent reviews. The city council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. DISCUSSION Except for the installation of stop signs at both driveway exists, Sinclair Oil Corporation has completed all improvements to the property and is in compliance with all conditions of their CUP. Staff will work with Sinclair Oil Corporation to ensure the installation of the stop signs in a timely fashion. RECOMMENDATION Approve a one-year extension to Sinclair Oil Corporation's conditional use permits for the operation of a motor fuel station within the business commercial zoning district and the reconstruction of a fuel canopy with an existing nonconforming setback at 2158. Rice Street. The city council should review this permit again in one year for compliance with all conditions. p:sec18\sinclair cup. review Attachments: 1. Location Map 2.Site Plan 3. J Canopy Elevations 4. October 8, 2001, City Council Minutes Lime Canada County Road B Sinclair 2 Location Map COUNTY ROAD "8" EXISTING R -IAO _ PROPERTY UNE Lao -PRICE SIGN GRASS LIGHT I I PIPE GUARD , ISLAND UYOUT SEE K/C-J SEE N/C J NEW SO'.SA' CANOPY . SEE SHEET CP -1 1 ^ ^ {I -GRASS SEE PRODUCT1NES �.�j� BUILDING - Ld CANOPY COLUNN 1 li.. e 1 7-7 SEE H/C-7 N NEW TOKHON NPO V GRASS ! 3 -PRODUCT. 2 -HOSE ID / t� • 5 II TRANSI U P AIR❑ - 11 11 11 '1 EXACT LOCA N XISTIN I i TO eE FIELD STAGE X VAPOR - II N RGRQUN I DETERMINED RECOVERY PIPING I I 7 RAG 1 EXISTING EN RO-FLE% TO TIE INTO EXISTING I I I I I F1,E1118LE PIP G ASIDE PIPING AT THIS POINT I I I I TATA— K 1 I CARRIER PI II I I G I i o I LIGHT I 1 I ASPHALT O `— ASPHALT p Oi \ `EXISTING OMO GRASS EXISTING FUG POLE - PROPERTY UNE .. SITE PLAN 3 Attachment 3 ELEVATIO NOTE: CANOPY SUPPUED ANO MSTMIEO av OTHERS CANOPY ELEVATION W CRAOE LEE VATION CANOPY _ ELEVATION I ICP—ll ELEVATIONS 4 3. r Attachment 4 MRSTUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 8, 2001 Council Chambers, Municipal Building Meeting No. 01-24 7:20 P.M. Sinclair Station Remodeling (2158 Rice Street) A. Conditional Use Permit (Motor Fuel Station) B. Conditional Use Permit (Canopy Enlargement) C. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. C. Assistant City Manager Coleman presented the specifics of the report. d. Boardmember Olson presented the Community Design Review Board Report. e. Commissioner Pearson presented the Planning Commission report. f. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Larry Feldsien, Representing Sinclair Oil, Maplewood g. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following resolution approving a Conditional Use Permit to operate a motor fuel station within the business commercial, BC, zoning district and to reconstruct a canopy with an existing nonconfgm LX setback for the Sinclair fuel station located at 2158 Rice Street: RESOLUTION 01-10-96 CONDITIONAL USE PERMIT' SINCLAIR STATION WHEREAS, Sinclair Oil Corporation applied for conditional use permits to include the operation of a motor fuel station within the BC, Business Commercial zoning district, and to reconstruct a canopy with an existing nonconforming setback; WHEREAS, this permit applies to property located at 2158 Rice Street. The legal description is: The North One Hundred Sixty feet (160') of Tract "A," Registered Land Survey Number 10 on file in the office of the Registrar of Titles within and for said County, and the South One -Half of County Road B extended and the East One -Half of Rice Street extended, adjoining the above 5 described portion of Tract "A," Registered Land Survey Number 10, on file in the office of the Registrar of Titles. WHEREAS, the history of this conditional use permit is as follows: 1 On September 17, 2001, the planning commission recommended that the city council approve this permit. 2. On October 8,,2001 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 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, ommission: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. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval 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. C� 3. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 4. 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. 5. The city council shall review this permit in one year. Approve the plans date-stamped August 21, 2001, for the construction of a new canopy and fuel islands for the Sinclair fuel station at 2158 Rice Street. The owner shall do the following: 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 most -northerly driveway on Rice Street and the replacement of all required curb and gutter along Rice Street and parking area. (b) At least four parking stalls; of which one must be handicap accessible. The handicap accessible stall must meet the Americans with Disability Act (ADA) requirements. (c) The most -southerly driveway on Rice Street shall be widened to 36 feet. The driveway will have an entrance lane, a left -turn exit lane, and a right - turn exit lane. These lanes shall be -marked with painted arrows on the pavement depicting the turning movement. (2) A landscape plan showing: (a) A landscaped area in front to include low maintenance perennial plants and shrubs. In addition to city staff approval, the Ramsey County Public Works Department must also approve any landscaping installed within the right-of-way. (b) Perennial plants and shrubs around the base of the two freestanding signs and on the southwest corner of the lot (location of Dino the Dinosaur). (c) In -ground sprinkler 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) All planting beds must be edged and mulched. (3) 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. 7 (4) A photometric plan showing that. the site lighting does not exceed 0.4 foot candles at the west property line. (5) Plans for a trash enclosure gate that is 100 percent opaque and extends to the ground. The gate shall be compatible with the existing 6 -foot -high wood fence. (6) Plans for the screening of the mechanical equipment located on the west side of the building. C. Complete the following before occupying the building: (1) . Restore and sod damaged boulevards. (2) Install stop signs at both exits and a handicap -parking sign for the handicap - parking space. (3) Repaint the sign pole on the freestanding sign located on the northeast corner of the site. (4) Install the approved trash enclosure gate. d. If any required work is not done, the city may allow temporary occupancy if. - (1) f(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, 2002. (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. Seconded by Councilmember Koppen Ayes - All AGENDA rrE0 Action by Council j MEMORANDUM Date Endorsed Modified TO: Melinda Coleman, Director of Community Development Rejected FROM: DuWayne Konewko, Environmental Health Officia�, SUBJECT: 2003 SCORE Funding Application DATE: October 22, 2002 INTRODUCTION Attached is the 2003 SCORE application. The amount is $68,446. The money is a grant from the county to repay the city for a portion of the recycling costs. The county is requesting that the city council approve the application. RECOMMENDATION Approve the 2003 SCORE application. c: file SAINT PAUL - RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH ENVIRONMENTAL HEALTH SECTION 2003 SCORE FUNDING GRANT APPLICATION C ITY/TOWNSHIP: MAPLEWOOD CONTACT PERSON: DUWAYNE KONEWKO ADDRESS: 1830 EAST COUNTY ROAD B MAPLEWOOD, MN 55109 PHONE: 651-770-4567 FAX: 651-748-3096 A. DESCRIPTION OF 2003 RESIDENTIAL RECYCLING PROGRAM 1. In 2003, will any collection services be provided under a contract? Yes X No a. If so, provide contractor(s), address, and contact name. SUPERIOR SERVICES/MR. JEFF GLEWWE, GENERAL MANAGER 1375 7T" AVENUE-P.O. BOX 281 NEWPORT, MN 55055 b. Which type of households are expected to receive service under the contract? Single-family: X Duplex: X Triplex: X 4plex: X Townhome: X Condominium: X Manufactured Home Park: X Multi -unit buildings (up to UNLIMITED units): X c. What is the total number of households expected to receive service under the contract? (DATA BELOW IS FROM CALENDAR YEAR 2000) Single-family thru 4-plex: 9,834 Multi -unit buildings with 5 or more units: 3,079 d. What materials will be collected? (If different materials will be collected based on type of housing, please describe differences.) NEWSPAPERS JUNK MAIL, MAGAZINES, CARDBOARD, OFFICE PAPER, BOXBOARD, GLASS BOTTLE, PLASTIC BOTTLE #1 & 2, ALUMINUM CANS, STEEL CANS e. What is the collection frequency? (If frequency is different based on type of housing, please describe differences.) EVERY OTHER WEEK - THE CITY IS DIVIDED UP INTO FOUR DISTRICTS WITH RECYCLING SERVICE OCCURING EVERY OTHER WEEK MONDAY THRU THURSDAY 2. How will the municipality assure materials are collected in 2003 from those households that will not receive recycling collection services under a municipally -arranged contract? (e.g., ordinance provisions, licensing requirements, other mechanism) What materials are required to be collected, and at what frequency? Recycling services are available to all residential properties; however, recycling is not required by ordinance. Recycling bins are available from the city at no charge to the residents of Maplewood. The materials that are recycled are listed in 1. d. 3. What changes are planned or anticipated for 2003? The city will be looking at multi -unit buildings and how we can achieve better results. The city will also focus on educating the citizens of Maplewood on recycling issues. 4. How are recycling services in 2003 to be paid for, beyond any use of SCORE funds? What long-term funding source is in place for recycling services? Recycling line item on the utility bills. 5. Describe the municipality's source reduction and recycling promotional efforts. List types of materials to be used, intended audiences, and method and frequency of distribution. The yearly recycling calendar will appear in the city newsletter on a quarterly basis. The newsletter is delivered to all residents of Maplewood. Recycling information is also on the city's website. 6. What measurable goals do you have for source reduction and recycling activities in 2003? Please describe how you will measure progress toward those goals and how activities will be evaluated. Goals will be established in early 2003. Upon completion of this task, tools will be developed to measure progress towards completion of these goals. 7. If any activities will be conducted by a contractor or subcontractor, what provisions will be made to monitor and audit (sub)contractor activities? At this time, the city does not anticipate the use of a subcontractor for any additional recycling services. B. SCORE GRANT REQUEST 1. Please describe how a SCORE grant would enhance or improve source reduction and recycling efforts in your community. List specific activities for which SCORE funding would be used. Score funds are used for partial payment of recycling contractor costs. 2. Please show how you intend to allocate your 2003 SCORE grant. Detai I how you intend to use SCORE funds within each applicable budget area. Attach a copy of your 2003 municipal budget for all recycling activities, including all funding sources. (If the budget has not been adopted by your governing body, attach the most current draft budget.) PROPOSED SCORE BUDGET—SCORE EXPENSES ONLY ADMINISTRATION: $ 0 PROMOTION ACTIVITIES $ 0 Please detai I: EQUIPMENT $ 0 Please detail: COLLECTION OF RECYCLABLES $ 68,446 Please detail: The money will be used for payment to Superior Services for the curbside collection of recyclables. 11 TOTAL SCORE GRANT $ 68,446 C. IN-HOUSE RECYCLING PROGRAM Please describe the recycling program for materials generated at municipal facilities, per requirements in Minn. Stat. Sec. 115A.151. List materials collected and service provider(s). If any materials are brought to a drop-off center or otherwise not handled by a collection service, list those materials and describe how they are transferred. The City of Maplewood's recycling program is in compliance with the State of Minnesota's requirements. The materials collected are newspaper, office paper, junk mail, aluminum cans, bottles, and glass. Superior Superior collects these materials for the city through a contractual agreement. D. RESOLUTION Please attach a resolution from your governing body requesting the funding allocation or a certified copy of the official proceedings at which the request was approved. SCORE grants agreements cannot be issued without such an attachment. A copy of the city council minutes will be mailed to the county when approved by the city council. The 2003 SCORE application will be on the agenda October 28, 2002. NAME OF PERSON AUTHORIZED TO SUBMIT GRANT: TYPE OR PRINT NAME DuWayne Konewko S TORE TITLE Environmental Health Official DATE October 22, 2003 Please return the completed grant application form by NOVEMBER 1, 2002, to: DAN DONKERS, PROGRAM ANALYST SAINT PAUL - RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH ENVIRONMENTAL HEALTH SECTION 1670 BEAM AVENUE, SUITE A MAPLEWOOD, MN 55109 Adim by Comeg AGENDA: 11�ociisi�. iRejected.�.. _ J� AGENDA REPORT To: Melinda Coleman, Assistant City Mana From: Paul Schlingman, Chief Building Eng' e Date: 10/17/2002 Subject: Approval to transfer funds from contingency INTRODUCTION: There have been a large number of unexpected repairs due to equipment failures and electrical repairs in the facilities this year. Additional funding is needed due to contractual obligations that were not considered when the 2002 budget was approved last year. This has caused a deficit in several areas of the Maintenance Divisions budget. BACKGROUND: The Maintenance Division budgets the funds for repairs and maintenance of the city buildings and equipment. It is very difficult to forecast failures in equipment and other building related repairs. Conditions such as inclement weather, extreme temperature changes, and operational failures all affect the building systems and associated equipment. As equipment breaks down and needs repair or replacement the supplies -equipment account is also affected. The building supplies -equipment account is also over budget. In addition, there have been some recent repairs where the City has not received the bills. Staff is requesting funds be transferred to the Maintenance Div. Budget for the following reasons: • Money is needed to upgrade items in the building to be in compliance with 0.S.H.A.E. Standards. In 2002 the City obtained the services of SafeAssure Inc. to make recommendations to the City regarding O. S.H.A.E. compliance. SafeAssure performed a mock O. S.H.A.E. inspection on the buildings. As a result of the inspection, they made recommendations for compliance to the Safety Committee. The committee then issued a list of items by a priority to remedy as soon as possible to be in compliance. Funding for these items was not allocated in the 2002 budget. • A maintenance agreement with a mechanical contractor was approved and went into effect in the last quarter of 2001. That contract was not forecasted in the 2002 budget. Most of the cost for that contract has been absorbed in the 2002 budget with the exception of the fourth quarter. Funds are needed to pay the remaining balance. • To replenish the accounts over budget to date in the 101-115 fund. • To pay outstanding bills for the remainder of 2002. An itemized list and the dollar amounts are attached to this report. RECOPAUNDATION: Staff recommends that City Council approve the transfer of $33,880.00 from the Cities Contingency Account to the General fund, Building Operations Account. These funds will be used to replenish the Accounts over budget and any other expenditures through the end of 2002. Page 2 Agenda Report Itemized List 1. Accounts over budget in 101-115. 4130 Supplies $3000.00 This account is over budget due to the large amount of equipment replacement. This dollar amount also reflects coding errors that were not realized. 4240 Uniforms and Clothing $1,500.00 This account is over budget due to the account being split from the community center. 4410 Repair & MaintBuildings $4,500.00 This account is over budget due to unexpected building and ground repairs. Primarily electrical repairs to parking lot and trail lighting. 4430 Repair & Maint. /Equipment $5000.00 This account is over budget due to equipment failures. Primarily to H. V. A . C. equipment. 4480 Fees for Service $511500.00 This account is over budget because of the Maintenance contracts that were not forecasted in 2002. They have been placed in the 2003 budget. 4540 Internal Rental $3000.00 This account is over budget because of reallocation of the maintenance truck from the community Center budget to this budget. Total $229500.00 1. Outstanding invoices for repair to equipment Copies of the invoices and a list of invoices with their numbers are attached. Total $6,587.00 3. O.S.H.A.E. Compliance Total $19104.00 4. Maintenance Contract $3,689.00 Grand Total $33,880.00 TME' 01/ERHEAD Q00 CO. rAa�MaK FE NORTHLANO s�r�c� ►�s�, 3195 Terminal Dr FArAN -MN`R %121 8/3/02 Net 15 Days MAPLEWOOD 2.50 55 LABOR 1902 CO RD B MAPLEWOOD MN MESSAGE: COLD STORAGE, NORTH DOOR -REINSTALL - CURTAIN BACK INTO GUIDE, TIGHTEN CHAINS ON OPERATOR. Check No: Payment Receivipd 79.00 1 197.50 PRODUCT 13186T FOLD AT (>) TO FIT COMPANION 9308 DU-O-VUE ENVELOPE. PRINTED IN U.S.A. A •" Q To Reorder: 800-225-6380 or nebs.com 197.50 8/22/02 | | -MESSAGE: PRINTED IN U.S.A. Continued Continued Net 15 Days MAPLEWOOD 1.00 121579 CHAIN STIFF ARMICHAIN 22.95 22-95 TENSIONER 9.00 111850 TEK SCREW 1/411 X 1" 7/161 0.59 5.31 BEAD 8.00 111100 ]HEX BEAD BOLT 5/1611 0.30 2.40 8.00 1113 50 HEX NUT 5/1611 0.05 0.40 1.00 114300 ANGLE IRON - 18.00 18.00 4.75 55 LA13OR 79.00 375.25 PUBLIC WORKS 1902 COUNTY RD B MAPLEWOOD MN COLD STORAGE, NORTH DOOR - TOOK GUIDES | | -MESSAGE: PRINTED IN U.S.A. Continued Continued 8/22/02 Net 15 Days I MAPLEWOOD DOWN AND BENT TOP OUT TO FUNNEL CURTAIN BETTER INTO GUIDES, INSTALLED ANGLE IRON SPREADERS BETWEEN OPERATOR AND 1ST DRIVEN SPROCKET TO KEEP CHAIN TIGHT, RESET OPERATOR LIMITS, BOLTED 20r ANGLE IRON TO OUTSIDE OF BOTTOM BAR FOR ADDED WEIGHT. SOUTH DOOR - SAMES AS NORTH DOOR EXCEPT WAS ABLE TO USE A STIFF ARM FOR CHAIN TENSION. MESSAGE: Check No: PRODUCT 1318ST FOLD AT (>) TO PIT COMPANION 9308 DU 0 VILE ENVELOPE. PaymerA Received To Reorder: SUBTOTAL 424.31 SALES TAX SHIPPING A*Sn3J PRINTED IN ILLS A A 7 8? OVERHEAD DOOR CO. THE OF, THE NORTHLAND SIN04���i6t,',,,-:3195,TerminaI Dr. ,tr",IAGAN,MN55121. INVOiO 0307 x-6,51),,0.83-0625 AqLp �, MLE WOOD',,CrIIYOF ... ... t EWObb, I "� MN'55iO *3v I, It 4 IZ t a 4" 44 Pw 0* 7 I K4 ��t't .�Q*ta &VI It I 8/22/02 Net 15 Days I MAPLEWOOD DOWN AND BENT TOP OUT TO FUNNEL CURTAIN BETTER INTO GUIDES, INSTALLED ANGLE IRON SPREADERS BETWEEN OPERATOR AND 1ST DRIVEN SPROCKET TO KEEP CHAIN TIGHT, RESET OPERATOR LIMITS, BOLTED 20r ANGLE IRON TO OUTSIDE OF BOTTOM BAR FOR ADDED WEIGHT. SOUTH DOOR - SAMES AS NORTH DOOR EXCEPT WAS ABLE TO USE A STIFF ARM FOR CHAIN TENSION. MESSAGE: Check No: PRODUCT 1318ST FOLD AT (>) TO PIT COMPANION 9308 DU 0 VILE ENVELOPE. PaymerA Received To Reorder: SUBTOTAL 424.31 SALES TAX SHIPPING A*Sn3J PRINTED IN ILLS A A Northern Door Company 1451 Willow Lake Blvd. Vadnais Heights, MN 55110 Phone : 651490-1599 Sold To: Maplewood Parks and Rec 1830 East County Road B Maplewood, MN 55109 Job Address: 1810 County Road B Maplewood, MN 55109 Invoice Invoice Number: 20239 Invoice Date: Sep 13, 2002 Page: 1 Customer Phone : 770-4598 Mark Payment Terms : C.O.D. Customer Phone : Due Date: 9/13/02 Customer P.O. NDC W.O. 7171 Quantity Item Description Unit Price Extension See Mark -call to meet Cell number 612-581-6523 SR SERVICE REQUEST: 1 -door at Maint building reversing at floor. SP SERVICE PERFORMED: Date:9/13/02 Fixed operator in work shop area. Installed nwe bottom rubber in door closest to office. Went over 4 doors. 1.50 LATSC LABOR CHARGE (Hrs.) Technician: LA Date:9/13/02 69.00 103.50 1.00 3RR02 ROLLER 2" 10 -BALL SS RAY 474 4.92 4.92 Total Invoice Amount 108.42 Applicable Tax Included Oct -18. 2002 9:25AM No -7151 P. 2 IOU& L, IV I A) co )ell' ce cbolri#A,.c rs, Ey. P. T-A--1v1g::� N 'IS L(L. 4^04s CUT OQT �.L 1 lyr COM OA, 4.T�,J. 1 _., i AGENDA: Al AGENDA REPORT To: Melinda Coleman, Assistant City Manage From: Paul Schlingman, Chief Building Engine Date: Oct. 18th, 2002, For the Oct. 2e. 2002 Council Meeting Subject: Approval of Nature Center roof replacement INTRODUCTION: Action by Council Date .� Council approved monies for the replacement of the roof at the Maplewood Nature Center 2659 East Seventh St. The amount of $25,500.00 was allocated for the 2002 budget. Staff has received two bids for the replacement of the roof. Berwald Roofing and Stock Roofing submitted bids for the project. Stock was the low bidder at $31,825.00. Berwalds bid was $64,378.00 RECOMMENDATION: Staff recommends the council approve the Stock Roofing proposal of $ 31,825.00 to replace the roof at the Maplewood Nature Center. Staff also recommends that monies in the amount of $6,325.00 be transferred from the contingency account to 101-604-000-4730 to fund the remaining balance of the project. C. David Fisher, Building Official Ann Hutchinson, Lead Naturalist Bruce Anderson, Parks and Recreation Director FROM : STOCKRFG PAOPOSAL SAMMM TO City of Map STgEET 1830 R. Cou 77 STATE AND ZIP CODE Maplewood, ANC►$7ECT^ Road B M 55109 PHONE NO. : 6122130166 T �I1% til 1 STOCK ROOFING INC. 3840 - 205th Lane N.W. A16? MN 55303 763 213-1455 780-3S61 arose Contraim t Wan 83112 PHONE 651.779-3' J08 NAME Nature Ce JOB UmAT1e w Oct. 17 2002 12:22PM P2 No. 1 of 2 Panes Commercial Oualdy Work at Aftdabia PriCe3 ONE October 17. 2002 r (approx. 1,200 sq. ft) M 55109 ONE OF PLANA JOb PNONt; , L&��iact:.-'Paul Schlingman Wo hereby submit specifications and estlmatee for: - Remove the existing asphalt and gravel roof and insulation to the decking below protect- ing the building and surrounding area from the d6bris. - Remve and replace the wood roof deck 1f wet or. deteriorated. Price at end of the bid. -- Install new wird board at the roof edge to raise the height to acwmiodate the new roof insulation. - Install 1/8" per foot tapered isocyanurate roofinsulation. instal. one (1) layer of fiberboard roof insulation. Mechanically attach first layer of roof insulation with'one fastener per 4 sq. f t . install other layers iri•: asphalt . ' ( Average R -factor of 22.3) . - Taper the insulation down at the scuppers creating sump areas for better drainage. - - install fiber cant at the walls and curbs. Install new asphalt and gravel roof using four (4) plies of Type TV Fiberglass felts and mineral surfaced modified bitumen membrane flashings. Furnish with 5 year guarantee. - Install, twenty (20) mil plastic fastening to the felt base flashing and run dry down outside the face of cant. Install twenty (20) mil plastic at the parapet and control joints. - Install new 24 guage prefinished galvanized iron cap flashing at the roof edge with 22 guage ga.lvaruzed iron continuous keeper. Install new prefinished galvanized iron scuppers and connect to the new open faced pre - finished galvanized iron downspouts. - Cut siding and install new prefinished galvanized iron counter flashing at the walls. - install new prefinished galvanized iron contraction joint cover. -- install new prefinished galvanized iron counterflashings at the curbs. - Install new metal sleeve with umbrella.hood at stacks. Cost of: $9,375.00 for base bid. continue ,t Yopa! t hereby to iurnish material and tabor — complete in accordance with above specifications, for the sum of: ------ -------------------------- ------- ------------------------- dollars ($ payment to be made as follows: -------------------r----+1------------_-----!!w_.r�-_-1!!!_____�r-ll�---.'�-----1 T_ __r --- All matenal is gusfarneod to be as epvdfied An work w be cornWetod int a workewalhke manner according to standard pracikw'. Any oda QW or deviation from uoove 611"licanotta Irl"Ning ax" costs wNt ba mcecuted only upast written orders, anal will become an extra charge over and OWW the estimate. Ail agrcoments oontinquelt upon strikes, eeddenls or delays beyond our control. Owner to Carry fire, tornado and other nooessary Insurenco. Our workers ere fuay covered by workmen's Compensation Insurance. "hofized signature �tt Lae, AA= - - r' -' Note: This proposal may be withdrawn by us if not accepted witnin �� days OJcCeptanee Jaf 'rOP00411 —The above prices. specifica- gons and oWltions ars satiat eWy and are hereby accepted. You are authorized to signature do the work as specified. Payment will be made as outlined above. Data of ACCeptenCO: Signature FROM : STOCKRFG r Lri PROPOSAL suoMIrr£o To City of Mapleu STREET _1830 E. County citiv &TATE AND ZiO Cotw ARC"ITEO'r PHONE NO. : 6122130166 ropaol STUCK ROOFINGS INC. 3840 - 205th lane N.W. Anoka, MN 55303 763 -213-1455 X1.2-780-3561 Sian C�+Isereen�rA Lfcana t #3112 PHONE 651-779-3560 " NAMI' ,do Locale" 109 OATC Of PLANES Cohtact.: Paul We hereby submit sped iCatione and estirnatas tor: Oct. 21 2002 02:59PM P2 e No. 2 of 2 Pages t:omrne��cia! Ouatity Wvrk art AffbeaaWa Prices GATE October 17, 2002 rox. 1200 sq. ft 109 J06 PHONE - clean up and realove all of the debris. - provide 5 year S70M ROOFING, INC. warranty on the materials and labor. - We carry Workers omp. and Property Liability Insurances. - Permit and licenses are included. tions - Unit price for removal and replacement of wood decking at $3.75 per sq. ft. Additional to the proposal bid price of $90,375.00. - Alternate #1: Re -roof the Smiler roof area south of the control joint. Add to the base bid the net sum of $1,750.00. - Alternate #2: Remove the wood shingles from one area (approx. 2800 sq. ft.). Install ice and water shield as required. Install 300 felt. Install new eco - shake (calor: Teak). Install new prefini,.shed 24 guage galvanized iron drip edge, cap edge, gutter and downspout. FCR THE NET sUM OF: $16,,500.00. Alternate #3: Install (2) layers of 1!Y" isocyanurate roof insulation and (1) layer of 3/411 plywood (2800 sq. ft. sloped roof area with a Total system R -value of 22.3). Add to alternate 2 the net sun of $4,200.00 Me PrOPOOt hereby to lumish material and labor - Complete In accordartea with above specifications, for the sum o As listed above -------------------=- ------------------------ ogars tS-------------) Payment to be made as 1011OWS: In FULL a ion of the ob. All Frworiai ie Uverameed to be on speeified, AD work to be canpleted in a workmanlike manner a000toin'to _nandarp orsetices. AN piteratian or ciaviaaon trorn above ope eilicadons Involving extra Com will be executod only UPM written orders. and wig become an twAfa charge truer and above tho carinate. All sWegmaga and COndnece neceu0ossary Cur wcfOkerrsl aree kily a&Ar d by Worlaria s cwr control. owner to carry tire, tornado and other necessary insurance. Cpinpan^.anon InsuraAce, cte t nCe of Proposal— The above prices, apecifioa- tions and conditions are satisfactory and are hereby accepted. You ara authorize to do the work as spacifled- Payment will be made as outhined above, Date of Acceptance: Authorized Signature. Note: This proposal may be 30 withdrawn by us if not accepted within days, Signature signature E. R. I3ERWALD ROOFING CO, INC. Roofing and Sheet Metal October 4, 2002 SUBMITTED TO: City of Maplewood 1830 E County Road B Maplewood MN 55109 ATTENTION: Mr. Paul Schlingman PHONE: 651-779-3560 JOB NAME: Re -roof approx. 1,200 sq. ft. JOB LOCATION: Nature Center Maplewood, MN 2440 North Charles Street North Saint Paut, MN 55109-3080 PHONE (65 -1) 777-7411 FAX (65 1) 777-1371 FAX: Remove the asphalt and gravel roof and roof insulation from roof and premises. Faxed_ Mailed Remove and replace the wet or deteriorated wood roof deck. See unit price at end of bid. Install new wood board at roof edge to raise height to accommodate new roof insulation. Install 1/8" per foot tapered isocyanurate roof insulation. Install one (1) layer of 1/2" fiberboard roof insulation. Mechanically attach first layer of roof insulation with one fastener per 4 sq. ft. Install other layers in asphalt. Average R factor will be 22.3. Taper insulation down at scuppers creating sump areas for better drainage. Install fiber cant at walls and curbs. Install new asphalt and gravel roof using four (4) plies of Type IV fiberglass felts and mineral surfaced modified bitumen membrane flashings. Furnished with our 5 -year guarantee. Install twenty (20) mil plastic fastening to the felt base flashing and run dry down outside face of cant. Install twenty- (20) mil plastic at parapet and control joints. Install new 24 gauge prefinished galvanized iron cap flashing at roof edge with 22 gauge galvanized iron continuous keeper. Install new prefinished galvanized iron scuppers and connect to new open -face prefinished galvanized iron downspouts. Cut of siding and install new prefinished galvanized iron counter flashing at walls. Install new prefinished galvanized iron contraction joint cover. ERs Page 1 of 2 EOE (A) Since 1936 Install new prefinished galvanized iron counterflashing at curbs. Install new metal sleeve with umbrella hood at stacks. We Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Sixteen thousand four hundred thirty-two and no/100 dollars (516,432.00. Terms of payment: Net 30 days. NOTE: This proposal is valid for 30 days. It maybe withdrawn or modified if not accepted during this time. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays be d our control. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workm ompensation Insurance. / Authorized Signature: Collin K. Prochnow Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: UNIT PRICE: Remove and replace deteriorated wood roof decking at $4.25 per sq. ft. ALTERNATE #1: Re -roof smaller roof area south of control joint. ADD to base bid the net sum of: $9,363.00. ALTERNATE #2: Remove wood shingles from one area approximately 2,800 sq. ft. Install ice and water shield as required. Install 30# felt. Install new eco -shake (color Teak). Install new Prefinished 24 - gauge galvanized iron drip edge, cap edge, gutter and downspout. FOR THE NET SUM OF: $26,972.00. NOTE: This does nothing for the ice damming. ALTERNATE #3: Install (2) layers of 1-1/2" isocyanurate roof insulation and (1) one layer of 3/a" plywood (2,800 sq. ft. sloped roof area). ADD to Alternate #2 THE NET SUM OF: $11,611.00. 14N ERS Page 2 of 2 EOE (1) Since 1936 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 21, 2002 RE: Application for Cigarette and Tobacco Sales Tri ir,..�.■ n*i �r Agenda #(-�127 Action by Council Date Endorsed Modified Rejected Sidney Applebaum has applied for a Cigarette and Tobacco Sales license to be used at Sid's Discount Liquor, 2515 White Bear Avenue. Background After consulting with Acting Chief Thomalla, there are no requirements for a background investigation for a cigarette and tobacco license but the license requires council approval. Recommendation It is recommended that Council approve the license. TO. FROM: SUBJECT: LOCATION: DATE: MEMORANDUM Agenda # Action by Council City Manager Date Ken Roberts Associate Planner Endorsed Conditional Use Permit Revision Quality Restoration ServiCwdified Frost Avenue, South of Flicek Field Rejected October 15, 2002 INTRODUCTION Project Description Roger McGuire of Quality Restoration Services is requesting a conditional use permit (CUP) revision for an existing outside storage yard. The city originally approved a CUP for Mr. McGuire's operation in 1997, subject to five conditions. Condition 2 said that the permit would expire on September 10, 2002. (See the minutes starting on page 10.) Mr. McGuire is asking the city to extend the length of approval of the CUP. for this property so that he may continue to run his current business from the site. (Please see his letter on page 9.) This site is on the south side of Frost Avenue across from Flicek Park. (The site is the former location of Maplewood Auto Clinic, which the city addressed as 1160 Frost Avenue. Maplewood Auto Clinic burned down in 1995.) Refer to maps and plans on pages 6-8 and the applicant's letter on page 9. Quality Restoration uses this storage facility for storing their ground restoration equipment such as trucks, trailers and earth -moving machinery. They also keep signs, sandbags and barricades on the site. In addition, there are dirt piles and miscellaneous materials, like cable spools, brought back. from a site that Quality keeps on the property for disposal later. Code Requirement City code requires a CUP for a parking lot as a principal use, for trucking terminals and for outdoor storage in an M-1 (light manufacturing) district. DISCUSSION Site Conditions The site is neater than it was when Maplewood Auto Clinic was in operation. There is a need for more cleanup, restoration and landscaping here, however. I visited the site with Ginny Gaynor, the Maplewood open space coordinator, to review the existing conditions and to get ideas and priorities for the enhancement of the site. It is staffs opinion that Quality Restoration needs to improve the appearance and condition of the property, especially when one views the site from Frost Avenue. Ginny and I identified five actions and areas of the site that need attention and improvement. They are: 1 The ground area on the north side of the north fence is bare. Quality should restore this area with a ground cover. 2. The west 50-75 feet of the north fence and the storage yard near the gate are very visible from the street. The city should require Quality to plant screening trees to better hide the storage yard from Frost Avenue. The screening should include 8 -foot -tall Black Hills spruce and white cedar in staggered rows. These plantings should cover the area from the east edge of the gate to a point about 60 feet to the east. Quality may place the screening rows near their fence or on top of the hill closer to Frost Avenue. 3. Closer to Frost Avenue, there are areas of gravel and bare ground left from the previous business that had been on the site. Quality also needs to restore these areas to a more. finished condition. This restoration would involve removing the gravel and weeds within about 50 feet of Frost Avenue and restoring. the areas with turf, ground cover and landscaping. 4. There are many Siberian elm trees on the property, especially between Frost Avenue and the fence. The city will soon be removing these invasive species from the adjacent open space property. The city should require Quality to remove these trees from their property. 5. The hillside between Frost Avenue and the fence is overgrown with knapweed and sweet clover. When the city restores the open space site to the east, we will be removing these species and other non-native species from the property. When this restoration occurs, Quality should remove and eradicate these species from their property and then restore the hillside with ground cover, landscaping and trees. Potential Concerns -Noise, Traffic and Affect on Property Values Staff does not have any major concerns with Quality Restoration's operation. They have been operating from this site since 1997. We have not received any complaints recently from neighbors about their operation. As mentioned above, the site is cleaner and neater than it was. As for affect on property values, the owners have been using this site as a storage yard for many years and want to continue to use the site for such. Staff cannot make the determination that there would be any negative impact on property values, especially since the site is considerably cleaner and more orderly than in the past. Future Building Proposal and Parking Lot Paving The applicant has not yet determined if they will build a permanent building on the site. If they choose to construct a permanent building, the owner must submit thearchitectural and site plans to the city for a revision to the CUP and to the community design board approval (CDRB) for approval. The back lot and storage area has always been an unpaved parking area ever since its creation as a storage yard. The city code requires paving for new developments, and the city has the opportunity to require paving through the CUP process. Staff, however, does not feel that requiring paving now would serve a purpose. If the owner proposes a building, the city should require the applicant to pave parking spaces. In addition, staff does not believe that it is necessary to have paved spaces for the truck parking at this time. Conclusion The city council should approve this CUP revision subject to Quality making improvements to the site. Quality Restorations has not been a nuisance, and the site is cleaner than it was. 2 COMMISSION ACTIONS On October 7, 2002, the planning commission recommended approval of the CUP revision, subject to the proposed revised conditions. On October 8, 2002, the community design review board (CDRB) recommended approval of the CUP revision, subject to the applicant meeting the revised conditions and plans. RECOMMENDATION Adopt the resolution on pages 13-15. This resolution approves a conditional use permit revision to allow an outdoor storage yard south of Frost Avenue, east of Edward Street (formerly 1160 Frost Avenue). The city is approving this permit based on the findings required by code, subject to the following conditions (I have underlined the additions and struck -out the deletions): 1. All construction shall follow the site plan date-stamped June 11, 1997. The director of community development may approve minor changes. 2. The city council shall review this permit revision in one year. The ccn!iticn l use F r•^�, r, t well expeFe on SeptembeF-'10, 2002. In addition, this permit shall end on November 1, 2007. , . 3. The property owner shall submit a plan for staff approval showing the following site improvements: a. Restore the ground area north of the north fence with a ground cover. b. Plant screening trees to help hide the storage yard from Frost Avenue. The screening should include 8 -foot -tall Black Hills spruce and white cedar in staggered rows. These plantings should cover the area from the east edge of the gate to a point about 60 feet to the east. Quality may place the screening rows near their fence or on top of the hill closer to Frost Avenue. c. Restore the areas of gravel and bare ground near Frost Avenue. This restoration will involve removing the gravel and weeds within about 50 feet of Frost Avenue and restoring the areas with turf, ground cover and landscaping. d. Remove all the Siberian elm trees from the property. e. When the city restores the open space site to the east Quality shall remove and eradicate the knapweed and sweet clover from their property and then restore the hillside with ground cover, landscaping and trees. f. Providing additional screening on the south side of the site by adding landscaping or by providing a screening in the fence. The applicant or owner shall complete these improvements by June 1 2003. 4. The temporary storage of work-related materials, such as dirt piles and cable spools, for example, may be permitted. These materials may be kept on site for no more than one month. No more than 25 percent of the site shall be used for the storage of, such materials. 3 Normal hours of operation shall be 6:30 a.m. to 7:30 p.m. Monday through Friday. Exceptions will 5. Norm p be allowed to provide emergency service to customers. G. T . he'ci!y council will need to approve a revision to this ermit if the owner wants to put a permanent building on the site. 7. The owner oro erator shall rovide a dum ster in the storage yard for business garbage. 8. The owner oroperator shall provide a paved driveway to the gate of the stora a Yard. CITIZENS' COMMENTS In 1997, we had sent surveys to the 15 property owners within.350 feet of this site. Of the eight replies, four were in favor and four objected. (Their comments are below.) Staff did not do a new survey for the proposed permit revision. In Favor 1. The past tenants were not as neat, quiet, or professional as Mr. McGuire. (Snyder, 1890 Phalen Place) well leased with the way he has fixed it up and cleaned it up. I am happy with what Mr. 2. I am very p McGuire is doing there now. I have lived here 27 years and that is the best I've seen it look. (Johnston, 1896 Phalen Place) 3. They have cleaned up the area, and it will improve the business climate. (Lawrence and Johnson, 2067 Mesabi Avenue) 4. It is OK with me. (Kuhlman, 1187 Frost Avenue) Objections 1. There is enough traffic on Frost/English without adding more trucks. Also, how large will the proposed building be to house their corporate office? (Carlson, 1884 Phalen Place) 2. It would look like a junk yard. (Aaughn, 1856 Phalen Place) 3. The current use of vehicles is waking us up between five and six in the morning and we are concerned as to what this will do to our property value. (Coonce, 1904 Phalen Place) 4 SITE DESCRIPTION Site size: 2.35 Acres Existing land use: Storage yard SURROUNDING LAND USES North: Frost Avenue and Flicek Field South: Gloster Park West: Maplewood Marine and single dwellings East: Undeveloped property owned by Maplewood and designated as Open Space PLANNING Land Use Plan designation: M-1 Zoning: M-1 Ordinance Requirements Section 36-151 (b)(4) requires a CUP for exterior storage. Section 36-187 (a)(3) requires a CUP for a trucking yard or terminal in an M-1 district. Section 36-437 (4) requires a CUP for an off-street parking lot as a principal use in an M-1 zone. Findings for CUP Approval Section 36-442(a) states that the city council must base approval of a CUP on nine standards for approval. Refer to findings one through nine in the resolution on pages 13-15. p:sec16\qual2002.cup Attachments: 1. Location, Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's letter dated September 12, 2002 5. August 25, 1997 City Council minutes 6. Conditional Use Permit Revision Resolution 5 Attachment 1 -LW L COUNTY ROAD C / 'I'LL TOp :,rA 1 w f— N KQhlmon J�� �Cr' - - Z W Z U) ParK ALM t M �E1I�� Z 2 Z W g C, CT � w CONNOR CC, CO AVER v DEMONT p CT. DEMON AVE. Off' H� BROOKS AVE. BROOKS N AVE. W ui 4, SEX TANT < (n Fou, BRCAKS AVE. 4 N S=" GT. aPark O SEXTANT AVE. GERVAIS AVE. g GERVAIS W11 Q �F( v GRANDVIEW AVE. i? �R PKWYM VIKING DR. Y )00 Lace J SHERREN AVE. !--� KnuRcO ead Lake N 9 Cop COPE / �-J1 AVE =Z CT. o: AVE. — �J N LARK LARK g c� v7 .� VIKING DR• Keller Lake o CO. a ro RD. c=n � v LAURIE RD. Zshenod� LAURIE Park a o \ \1I LELAND RD. 0 a SANDH URST z AVE. z 0 LAURIE CT. \` w z B v~i Y CO. Ir I z z } JUNCTION AVE. C40 A `n a Y rk BURKE CT. / �O� Parbk ii eUp+KE AVE. m •BURKE AVE. 0 ® BURKE BURKE AV alaplec, ,t (1) CHAMBERS STD (1) 0 John Glenn pf ELDR IDGE AVE. Pork Qv Q N W '`r ELDRIDGE 11 AV 1%T RSE u~i 0� PVE HT LN. BELMONT AVE. tek OUCLakehrlie N BELMONT (�/ GpLf COU SKILL �� AV E. SKILL MAN AVE. HARRIS AV SKILLMAN AV. K£L�ER SHO W ROSEWc' KENW OOD S R ROSEWC to tr LN. `(AN 0 Pak AN AV. Q�Q AVE. o w C' z Toil FRcek Z r= FI W Pork � o w I j AVELi. �d FROST J:a, W ® F- a_�°+ V N } aC BELLWOOD AVE. W FE N7 :..r f VE. W Z g W �Ei AVE. 0 0 �+ W a z SU MER o SU MM W e o z 3 9 4>AGO FRISSIE AVE. N N Y Ix z SH a- 3 N ter z �_ z Y ORF o 2 G ' Wakefield yl- wa o e I �O Lake CC a AVE.Gate Y SO PH IA � � m >--o try OQ"Y rn Sp HIA AVE w u. ui Round~ 4Q _ Y KINGSTONaAVE. \�� Lake F PRICE PJ PRICE r AVE• 4 Phalen W o a w � m a 2 - SAINT PAUL LOCATION MAP IF Attachment Z O N R� s�s�• f h � NNE 14- ,�e�.y��.:.. r, o-L9•L2•Z4 • i G ',ol. �— 1 g is 3 i 1.4 FLICEK FIELD BASEBALL PARK — BLACKTOP 17 ` DRIVEWAY CO..I I �ded �• 3e FROST AVENUE - P244N GO 2� }}hf ..:{ r. OSED coo �=v-.•}��•}- • •� {� PROP MAPLEWO'Op, QUALITY RESTORATION ,vim 8 MARINE -- 8 : • �=�- -- �–� � — � : �.��:,{ •• •�-r: .�: A ,� .t,: :'.;.A -r: SERVICES, INC. 1904 �......:: W TRUCK PARKING SITE 0 � - — `:'''•' • }' •:` \,%F`•%:••: `.;:?SSS ..:} la 5 1896 —:}.: ; Viz:<::••,� 1 :::�r ::'-ice+: ;•,'�•••l•�,•.•j`•tj �"t, •.: �;{.• ��}r �—ter :{_s{.:•:..,�,v ;•}.},}'�:'l:`%}:••}'.}L viS•xhvy••• 1890° - '•�• �: $<�::�h:;:.•::: : }- : •;:::,=$fir Z- r.•=: <..: = "'mss}.,. .:::..}:.. - - 1884 �� • {,.�£ ,r��� �#:µ����'A}. ,,; g` zo I i,L _ MAP LEWOO D SEENNEMINAVE. OPEN SPACE r r 1312 W , (40110 1— 10 I io g _ 1872 -, -- - - • ��— �'—' — 1B —3 8 ��s la ' I 7 m.R 3 ■■ ■� 181 -� — GLOSTER . ! ■ PAR LLJ z oR 2 _ I W / l J 14 Q 13 '4 i3��k 1 12 W 5 li o (tel 5 — _ 71) 1 = PROPERTY PROPERTY LINE 1 ZONING MAP -� A 3 (4o) 7 oPENED Oct. 6 S 4 - 4 N Yard Entrance ,lob Trailer (EXISTING) W a Z W U. Storage Shed (EXISTING) Attachment FROST AVENUE RESTORE BARE AREAS RESTORE HILLSIDE ADD SCREENING IN .THIS AREA RESTORE THIS AREA Truck and Trailer Parking FENCE PROVIDE ADDITIONAL SCREENING SITE PLAN, 8 Attachment 4 QUALITY RESTO'RATION' SERVICES','IN.C. SEP I R 2 �. t September 12, 2002 Ken Roberts Associate Planner City of Maplewood 1830 County Road B East Maplewood, MN 55109 RE: ' 1.160 Frost Avenue, Maplewood -- MN 55109 Request for Conditional Use Permit Dear Mr. Roberts: As per your. request we are happy to provide you with information and, our plans for the future for the above -referenced property. We feel that we have been a "good neighbor" in this area. Any incidents that may have arisen, and.,they were minimal, were taken care of immediately. Those two, incidents were with respect to snow, plowing and we were working late.. They were corrected; apologized for and there were :no more complaints. We have upgraded the area quite a bit making it more presentable and even installed a new fence. We,have not replaced.the two portable trailers that occupy this. yard: as we are afraid that we could potentially outgrow the area and that is the reason we have not built a more permanent office -type construction.. We. still are uncertain as. to what our five year plan would be for this area, but our commitment to keep it clean, presentable, safe and as quiet. as can be expected remain consistent. We. like being in Maplewood. This is agood location for us as it is centrally located in the heart of the area in which we do business. We have even partnered with the City of Maplewood offering our services when requested. At this time I respectfully ask that we be granted the Conditional Use Permit so we can continue to operate from this location. I invite you to contact me at. 651-365-7341 if you have any questions or concerns. Sincerely QU Y STO TION SER ES, INC. R A. Guir President RANUmrh 3225 Nell Armstrong Boulevard, Suite 400 • Eagan, MN 55121 • 651-224-2424 • Fax 65-1-224-2220 _ 9 Attachment 5 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M.,. Monday, August 25, 1997 Council Chambers, Municipal Building Meeting No. 97.16 3., 7:40 P.M. (8:12 P.M.): Quality Restoration Services Conditional Use Permit (Frost Avenue) a Mayor Bastian convened the meeting for a public hearing regarding a Conditional Use Permit for Quality Restoration Services to have an outside storage yard for their ground restoration .equipment, such as trucks and trailers. b Manager McGuire introduced the staff report C. Community Development Director Coleman presented the specifics of the report. d. Commissioner Milo Thompson presented the Planning Commission report. e. City Attorney Kelly explained the procedure for public hearings' f., Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Roger McGuire, Quality Restoration -Services Jim Snyder, 1890 Phalen Place Bob Ballard, Asset Reality Advisors Roger McGuire, second appearance g. Mayor Bastian closed the public hearing. h. Councilmember Rossbach introduced the following Resolution and moved its . adoQtion- 97 - 08 - 102 CONDITIONAL USE PERMIT - OUTDOOR STORAGE YARD WHEREAS, Mr. Roger McGuire, representing Quality Restoration Services, applied for a Conditional Use Permit to operate an outdoor storage yard. WHEREAS, this permit applies to the property located on the south side of Frost Avenue, formerly addressed as 1160 Frost Avenue. The legal description is. VACATED ALLEY,ACCRUING AND FOLLOWING. LOTS 1 THRU 10 AND LOTS 16 THRU 20 BLOCK 1. KAVANAGH AND DAWSON S ADDITION TO GLADSTONE. AND VACATED ALLEY ACCRUING AND FOLLOWING. LOTS 11 THRU LOT 15. BLOCK 1. KAVANAGH AND DAWSON'S ADDITION TO GLADSTONE. WHEREAS, the history of this Conditional Use Permit is as follows: 1. On 8-4-97, the Planning Commission recommended that the City Council approve this permit. 10 8-25-97 2. The City Council held a public hearing on 8-25-97. 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 At this meeting, the Council tabled action on this request. 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 property values. 4. The use would not involve any activity, process, materials, equipment'or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or'services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped June 11, 1997. The Director of Community Development may approve minor changes. 2. The City Council shall review this permit in one year. The Conditional Use Permit will. expire on September 10, 2002. 3. The property owner shall clean the site by removing all vehicles, unused and inoperable equipment, sod piles, unusable dirt piles, debris and all other unused/unusable items. 11 8-25-97 The temporary storage of work-related materials, such. as dirtThese. 4 iles and cable spools, for example, may be permitted. materials may be kept on site for no more than one.month. No more than 25 percent of the site shall be used for the storage of such-. materials. 5. Normal hours of operations shall be 6:30 a.m. to 7:30 p.m Monday through Friday. Exceptions will be allowed to provide emergency service to customers. Seconded by Councilmember Allenspach Ayes - all 12 Attachment 6 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Mr. Roger McGuire, representing Quality Restoration Services, applied for a conditional use permit revision to continue to operate an outdoor storage yard. WHEREAS, this permit applies to the property located on the south side of Frost Avenue, formerly addressed as 1160 Frost Avenue. The legal description is: VACATED ALLEY ACCRUING AND FOLLOWING, LOTS 1 THRU 10 AND LOTS 16 THRU .20 , BLOCK 1, KAVANAGH AND DAWSON'S ADDITION TO GLADSTONE, AND VACATED ALLEY ACCRUING AND FOLLOWING, LOTS 11 THRU LOT 15, BLOCK 1, KAVANAGH AND DAWSON'S ADDITION TO GLADSTONE. WHEREAS, the history of this conditional use permit revision is as follows: 1.. On October 7, 2002, the planning commission recommended that the city council approve this permit revision. 2. The city council held a public hearing on October 28, 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. At this meeting, the council tabled action on this request. NOW, THEREFORE, BE IT RESOLVED that the city council approve 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 nuisance to any person or property, because of excessive noise, glare, smoke, dust, . odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 13 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 (I have underlined the additions and struck -out the deletions): 1. All construction shall follow the site plan date-stamped June 11, 1997. The director of community development may approve minor changes. 2. The city council shall review this permit revision in one year. . In addition, this permit shall end on November 1, 2007. 3. The pr-epeft owneF shall ralean the site by g all YeWeles, unused and inepeFable equip 3 The property owner shall submit a plan for staff approval showing the following site improvements: a Restore the ground area north of the north fence with a ground cover. b Plant screening trees to help hide the storage yard from Frost Avenue. The screening should include 8 -foot -tall Black Hills spruce and white cedar in staggered rows. These plantings should cover the area from the east edge of the gate to a point about 60 feet to the east Quality may place the screening rows near their fence or on top of the hill closer to Frost Avenue. _ c Restore the areas of -gravel and bare -ground near Frost Avenue. This restoration will involve removing the gravel and weeds within about 50 feet of Frost Avenue and restoring the areas with turf, ground cover and landscaping. d. Remove all the Siberian elm trees from the property. e When the city restores the open space site to the east, Quality shall remove and eradicate the knapweed and sweet clover from their property and then restore the hillside with ground cover, landscaping and trees. f Providing additional screening on the south side of the site by adding landscaping or by providing a screening in the fence. The applicant or owner shall complete these improvements by June 1, 2003. 4. The temporary storage of work-related materials, such as dirt piles and" cable spools, for example, may be permitted. These materials may be kept on site for no more than one month. No more than 25 percent of the site shall be used for the storage of such materials. 5. Normal hours of operation shall be 6:30 a.m. to 7:30 p.m. Monday through Friday. Exceptions will be allowed to provide emergency service to customers. 6 The city council will need to approve a revision to this permit if the owner wants to put a permanent building on the site. 14 7 The owner or operator shall provide a dumpster in the storage yard for business garbage.. 8 The owner or operator shall provide a paved driveway to the gate of the storage yard. The Maplewood City Council approved this resolution on 2002. 15 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD,. MINNESOTA MONDAY, OCTOBER 7, 2002 a. Conditional Use Permit Revision — Quality Restoration Services (1160 Frost Avenue) Mr. Roberts said Roger McGuire of Quality Restoration Services is requesting a conditional use permit (CUP) revision for an existing outside storage yard. This site is on the south side of Frost Avenue across from Flicek Park. Quality Restoration uses this storage facility for storing their ground restoration equipment such as trucks, trailers and earth -moving machinery. They also keep signs, sandbags and barricades on the site. In addition, there are dirt piles and miscellaneous materials, like cable spools, brought back from a site that Quality Restoration keeps on the property for disposal at a later date. The site is neater than it was when Maplewood Auto Clinic was in operation. There is a need for more cleanup, restoration and landscaping here. Mr. Roberts said he and Ginny Gaynor, the Maplewood open space coordinator, visited the site. It is staffs opinion that Quality Restoration needs to improve the appearance and condition of the property, especially when the site is viewed from Frost Avenue. Those improvements were listed as items 1-5 in the staff report. Mr. Doug Yetzer, 3225 Neal Armstrong Boulevard, Eagan; addressed the commission. He is a partner with Roger McGuire of Quality Restoration representing the applicant.. Mr. Yetzer said -he has no problems with any of the items outlined in the staff report. He said they are trying to keep the trees down along the fence and they will fix that this fall. Mr. Yetzer said they have had smaller dumpsters on the site from time to time. Mr. Yetzer said Quality Restoration does bring things onto the site quite often and -realizes it needs to be cleaned up. He said they could fix up the driveway better. He said the fence was replaced and put where the old fence was. At one time Quality Restoration had talked about screening the fence, but the police department said because of security reasons they want the property to be visible. When he was asked if they thought a building would ever be built by Quality Restoration he said he was not sure, it may just be sold as is down the road. Commissioner Pearson moved to approve the resolution on pages 13 and 14 of the staff report. This resolution approves a conditional use permit revision to allow an outdoor storage yard south of Frost Avenue, east of Edward Street (formerly 1160 Frost Avenue). The city is approving this permit revision based on the findings required by code, subject to the following conditions (I have underlined the additions and struck -out the deletions, changes are in bold): 1. All construction shall follow the site plan date-stamped June 11, 1997. The director of community development may approve minor changes. 2. The city council shall review this permit revision in one year. Well 8XMiF8 OR Septiomhior 10, 2002 - AS 3. The property owner shall submit a plan for staff approval showing the following site improvements. a Restore the ground area north of the north fence with a around cover. b Plant screening trees to help hide the storage yard from Frost Avenue. The screeninq should include 8 -foot -tall Black Hills spruce and white cedar in staggered rows These plantings should cover the area from the east edge of the gate to a point about 60 feet to the east. Quality Restoration may place the screening rows near their fence or on top of the hill closer to Frost Avenue. C. Restore the areas of gravel and bare ground near Frost Avenue. This restoration will involve removing the gravel and weeds within about 50 feet of Frost Avenue and restoring the areas with turf, ground cover and landscaping. d Remove all the Siberian elm trees from the property. e When the city restores the open space site to the east, Quality Restoration shall remove and eradicate the knapweed and sweet clover from their property and then restore the hillside with around cover, landscapinq and trees. The applicant or owner shall complete these improvements by June 1, 2003. 4. The temporary storage of work-related materials, such as dirt piles and cable spools, for example, may be permitted. These materials may be kept on site for no more than one month. No more than 25 percent of the site shall be used for the storage of such materials. 5. Normal hours of operation shall be 6:30 a.m. to 7:30 p.m. Monday through Friday. Exceptions will be allowed to provide emergency service to customers. 6. The city council will need to approve a revision to this permit if the owner wants to put a permanent building on the site. 7. a. The applicant shall provide a permanent trash container or dumpster on the site. b. Provide screening along the south side of the site with either slats in the fence or live shrubbery as determined by staff. c. Provide a permanent surface on the entry drive to the gate in the fence. d. The CUP will be renewed for another five years expiring on November 1, 2007. Commissioner Rossbach seconded. Ayes — Dierich, Fischer, Ledvina, Monahan-Junek, Pearson, Rossbach, Desai Commissioner Dierich made a friendly amendment to add condition number 7. items a -d. Commissioner Rossbach seconded the friendly amendment. Ayes — Dierich, Fischer, Ledvina, Monahan-Junek, Pearson, Rossbach, Desai The motion passed. This goes to the city council on October 28, 2002. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 8, 2002 b. Quality Restoration —1160 Frost Avenue Ms. Finwall said Roger McGuire of Quality. Restoration Services is requesting a conditional use permit (CUP) revision for an existing outside storage yard. ' This site is on the south side of Frost Avenue across from Flicek Park. Quality Restoration uses this storage facility for storing their ground restoration equipment such as trucks, trailers and earth -moving machinery. They also keep signs, sandbags and barricades on the site. Ms. Finwall said the applicant has not yet determined if they will build a permanent building on the site. If they choose to construct a permanent building, the owner must submit thea architectural and site plans to the city for a revision to the CUP and to the community design review board approval (CDRB) for approval. Chairperson Ledvina asked why the city council established the sunset date for the conditional use permit. Ms. Finwall said because there was no building proposed for this site the city council wanted to ensure that the site did not expand without a permanent structure. Chairperson Ledvina wondered why the city council granted the CUP for five years and now the city is going to extend it another five years. Ms. Finwall said at the time of approval, Quality Restoration. was leasing the property, and since that time they have purchased the property. Mr. Doug Yetzer, 3225 Neal Armstrong Boulevard, Eagan, addressed the board. He is a partner with Roger McGuire of Quality Restoration representing the applicant. He said they want to be a good neighbor and are willing to do anything the city would request that they do. They have no problems with any of the conditions. They have four other properties in the twin cities and they are not sure what there future plans are at this time for this location but it has served them well. Board member Olson asked the applicant if they see themselves there in five years or not. Mr. Yetzer said he is not sure. They realize the area has redevelopment potential and they have thought about developing the property for some other use but nothing has been decided. Chairperson Ledvina felt uncomfortable with the proposal without an additional sunset date. Ms. Finwall clarified that the planning commission recommended another 5 -year sunset date. Mr. Yetzer indicated that they were fine with the 5 -year sunset date. Chairperson Ledvina said with the knowledge of the sunset date he has no issues with the proposal. Staff has done an excellent job with the conditions. ember Olson agreed. She complimented staff on the identification of the knapweed Board m 9 and to have the condition to remove the knapweed and the Siberian elm trees on the property. Commissioner Shankar moved to approve the resolution on pages 13 and 14 of the staff report. This resolution approves a conditional use permit to allow an outdoor storage yard south of Frost Avenue, east of Edward Street (formerly 1160 Frost Avenue). The city is a roving this permit based on the findings required by code, subject to the following pP conditions. (Additions are underlined and deletions are struck -out): 1 All construction shall follow the site plan date-stamped June 11, 1997. The director of community development may approve minor changes. 2. The city council shall review this permit revision in one year. VAH "X P11 Fee 9 - al kli 3. FTIUPFG� .3. N The ro ert owner shall submit a plan for staff approval showina the followin site improvements: a Restore the ground area north of the north fence with a ground cover. b. Plant screenina trees to heir) hide the storage yard from Frost Avenue. The screening should include 8 -foot -tall Black Hills s ruce and white cedarin ge o staggered rows These plantings should cover the area from the east ed the the gate to a point about 60 feet to the east Quality Restoration may place screenina rows near their fence or on top of the hill closer to Frost Avenue. C. Rest iravel and bare ground near Frost Avenue. This restoration will involve removing the ravel and weeds within about 50 feet of Frost Avenue and restoring the areas with turf, ground cover and landscaping. d Remove all the Siberian elm trees from the property. e. When the citv restores the open sace site to the east Qualit Restoration shall remove and eradicate the knapweed and sweet clover from their property and then restore the hillside with ground cover, landscaping and trees. The applicant or owner shall complete these improvements by June 1, 2003. 4. The temporary storage of work-related materials, such as dirt piles and cable spools, for example, may be permitted. These materials may be kept on site for no more than one month. No more than 25 percent of the site shall be used for the storage of such materials. 5. Normal hours of operation shall be 6:30 a.m. to 7:30 p.m. Monday through Friday. Exceptions will be allowed to provide emergency service to customers. it council will need to approve a revision to this Permit if the owner wants to put a 6 The c v permanent building on the site. 7. a. The app applicant shall provide a permanent trash container or dumpster on the site. Provide screenin along the south side with either a fence or live shrubbery as b. Pro 9 determined by staff. c..Provide a permanent surface to the entry drive to the fence. d. The CUP will be renewed for another five years expiring on November 1, 2007. Ms. Fmwall asked CD RB members if they wanted to add the conditions that were added by the tannin commission at the October 7, 2002, meeting. The planning commission changes are planning in bold. CDRB members all agreed and seconded the motion. Olson seconded the motion including the conditions in bold that were Commissioner es — All recommended by the planning commission. Ayes The motion passed. This item goes to the city council on October 28, 2002. Agenda # MEMORANDUM Action by Council ., TO: City Manager Date—���------... :FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit and Design Approval Mbdi qd PROJECT: Jiffy Lube ftmed LOCATION: Maplewood Mail Ring Road and Woodlynn Avenue DATE: October 23, 2002 INTRODUCTION Project Description Mr. Jim Lee, of RJ Marco Construction, is proposing to build a.3 -stall Jiffy Lube auto service facility on the ring road northeast of Maplewood Mall. There is now a vacant Pizza Hut restaurant on the proposed site. Refer to the maps on pages 8 through 13 and the letter on page 14. If the city approves this proposal, the applicant would tear down the existing restaurant on the site and construct the new facility. The proposed building would be one story tall and would be about. 2,500 square feet in area. As proposed, the exterior of the building would have a mix of materials including utility brick, rock -face block and an aluminum panel with a white strip around the top of the building. Requests Mr. Lee is requesting that the city council approve the following: 1. A conditional use permit (CUP) for an automotive maintenance garage. Refer to the .applicant's letter on pages 15 and 16. The city code requires a CUP for service and maintenance garages. .2. The site, building and landscape plans. BACKGROUND On June 7, 1979, the city council approved the building and site plans for the Pizza Hut restaurant on the site. DISCUSSION Conditional Use Permit The proposed Jiffy Lube shop meets the criteria for a CUP. (Refer to the applicant's conditional use permit statement on pages 15 and 16). There is commercial development on all sides of the site. There also were no neighboring property owners that objected to this proposal. Design Considerations Parking The city's parking ordinance does not clearly define the parking requirements for an oil change shop., However, using the ratio of two spaces for each service bay, and one space per employee, the code requires Jiffy Lube to have 10 parking spaces. The applicant's site plan shows five parking spaces for employees and about 13 parking spaces for customers (for a total of 18 spaces). Sidewalk The.city engineer is recommending that the city require the applicant or property owner add a six -foot -wide concrete sidewalk along the north and east sides of the ring road (along the south and west sides of the property). It is his opinion that such a sidewalk will be a start in making the mall area more pedestrian friendly and would be consistent with the council's directive to add. more sidewalks to the commercial areas of the city. The site plan (page 11) shows a future concrete sidewalk along the south and west sides of the site. The city engineer is recommending that the applicant or the property owner install this sidewalk all the way to the east property line of the property with this building project. Building Design As proposed, the building would have an exterior with aluminum window and door frames with insulated glass, brick, rock -face concrete block and an aluminum panel with a white strip around the top of the building. It is important that the exterior finish of this site be at a high level and quality as it is a very visible location near Maplewood Mail. All sides of the proposed building will be visible from the mall ring and access roads and from adjacent properties. The adjacent buildings (Marshall Field's, Circuit City, the UA theater and Acapulco) have a variety of materials and colors. In response to concerns of city staff and the Community Design Review Board (CDRB), the applicant revised the building elevations to include brick on at least one-half of the exterior wall area to better fit in with the surrounding buildings. Landscaping The city's tree preservation ordinance requires that all large quality trees removed from the site be replaced one for one up. to 10 trees per acre. The site has five large trees, of which the contractor will remove two. Therefore, the applicant is required to plant at least two trees on the site. The proposed landscape plan shows the planting of four new trees (a sugar maple, an ash and 2 spruce) and 3 crab trees on the site. These will exceed the tree preservation requirements. The proposed landscaping is generally acceptable. As I noted above, the west side of the building will be most visible from adjacent roads. The applicant has not provided an irrigation plan, however, for the landscape areas. Trash Storage The code requires that all commercial buildings have screening enclosures with a closeable gate for their trash containers. There is an existing enclosure on the north end of the site that the developer wants to use for the trash containers. This enclosure, however, is in poor shape and needs repair, including a new gate that is 100 percent opaque as is required by code. Staff should review the plans for the enclosure and gate before the city issues a building permit for the project. 6 Lighting The original lighting plan met the city requirements and included the existing parking lot pole lights and four wall -pack lights. Since the applicant has revised the site plan and building orientation, they should revise the lighting plan to follow the new plans. The maximum light intensity at the edge of the ring road will be 0.3 foot candles. Police Comments None received. Other Comments Engineering: See attached comments on page 17. Fire Marshal: Must provide for the proper storage of all products. Any used oil tanks need proper containment. A fire protection system will be required per Section 130.6 of the Code. Meet all current code requirements. Building Oficial. The location appears OK. Also, a new building must meet 1997 UBC, Chapter 1306 (Fire Protection) and 1341 (Accessibility). The city will do a full plan review when the developer submits plans for the building permit. COMMISSION ACTIONS On October 7, 2002, the planning commission recommended approval .of the conditional use permit for this facility. On October 8, 2002, the community design review. board (CDRB) tabled action on the design plans (site,. architectural and landscaping) for this proposal to allow the applicant to make changes to the plans. On October 22, 2002, the CDRB recommended approval of the revised design plans with a minor building elevation change to include removal of the three infill utility brick soldier panels on the west side of the building. RECOMMENDATIONS A. Approve the resolution on pages 18 and 19. This resolution is for a conditional use permit for a maintenance garage for the proposed Jiffy Lube along the ring road northeast of Maplewood Mall. The city is basing its approval on the findings required by code. This approval shall be 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. 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. The city council shall review this permit in one year. 3 B. Approve the revised project plans (site, landscaping and architectural) date-stamped October 16, 2002 for a new Jiffy Lube auto service facility on the ring road northeast of Maplewood Mall. The developer shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant must: a. Provide the following for the city engineer's approval: (1) A grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet all ordinance requirements. The drainage plan shall include details about the preparation and final design of the rainwater garden. The plans for the water main must be approved by. the Saint Paul Regional Water Services (SPRWS). (2) Revised plans showing a six -foot -wide concrete sidewalk along the north and east sides of the ring road (along the entire south and west sides of the property). This sidewalk should be set back at least five feet from the edge of the ring road and shall have pedestrian ramps where it meets a driveway or a roadway curb. b. Revise the plans to: (1) Showthe sidewalk as required by the city engineer. (2) Show the location of in -ground lawn irrigation lines and sprinklers. (3) Change the west building elevation to delete the three -infill utility brick soldier panels. (4) Show a van -accessible handicap -parking space. c. Provide a screening plan for any roof=top or ground mechanical equipment that is visible from the ring road or adjacent properties. d. Submit color schemes and material samples to staff for approval. e. Submit a plan for the underground irrigation for all landscaped areas. This plan shall show the required sidewalk. This plan shall be subject to staff approval. Underground irrigation is required for all landscaped areas. f. Submit plans for the trash enclosure. These plans shall show that the enclosure will match the building in color and that it will have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 3. Complete the following before occupying the building: a. Replace property irons removed because of this construction. b. Install a reflectorized stop sign, a handicap -parking sign for each handicap -parking space and an address on the building. 4 c. Screen all roof -top or ground mechanical equipment visible from the ring road or adjacent property.. d. Install and maintain an in -ground irrigation system for all landscaped areas.. e. Construct a trash dumpster enclosure and an opaque gate to meet code requirements, unless. trash dumpsters are stored indoors. f. Install the concrete sidewalk.with pedestrian ramps as required by the city engineer. 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 percent of the cost of the unfinished work. The contractor shall complete any unfinished landscaping 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. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. This approval does not include signage. All proposed signs must meet the requirements of the city's sign ordinance. The applicant or the contractor must obtain all required sign permits before the contractor installs them.. 6. All work shall follow the approved plans. The director of community development may approve minor changes. 5 CITIZENS' COMMENTS I surveyed owners of the 21 properties within 350 feet of the proposed Jiffy Lube site and received one reply. William Mathes of Wedding Day Jewelers said "Do it now — ASAP." REFERENCE INFORMATION SITE DESCRIPTION Site size: gross acreage B 1.8 acres; site size B 0.9 acres Existing land use: a vacant Pizza Hut restaurant and parking lot SURROUNDING LAND USES North: United Artists Theater site (now used as a park and ride lot) South: Mall ring road West: Marshall Field's across mail ring road East:. Acapulco Restaurant PLANNING Land Use Plan designation: BC (business commercial) Zoning: BC Ordinance Requirements Conditional Use Permit Section 36-151(b)(9)(c) requires a CUP for maintenance garages. 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 18 and 19. Design Review Section 25-70 of the city code requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 0 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. APPLICATION DATE The city received all the necessary application materials for this request on September 20, 2002. As such, the required 60 -day deadline for decisions on this proposal is November 18, 2002. p:sec2 (n)/Jiffy-Lube.mem Attachments: 1. Location Map 2. Property Line Map 3. Area Map 4. Site Plan 5. Proposed" Landscape Plan 6. Proposed Building Elevations 7. August 30, 2002 letter from Jim Schafhauser 8. Applicant's statement of justification dated September 19, 2002 9. Chris Cavett's Engineering Plan Review dated September 30, 2002 10, Conditional Use Permit Resolution 11. Plans date-stamped October 16, 2002 (separate attachment) 7 LOCATION MAP 8 Attachment 2 - 82' l 1o0' I 700' I 730' 121'60' I 1 I — — — DIE — 25D' ^� REC 424-79 COUNTY ROAD D,;—,,_, — — — -- — -- �— ------------------------ r � 1 1 � 1 ! 1 1 � i Js 158.85' 43.33' 271.07' 200' e 56 AC, 1 1 0 .92 AC 2 .82 3S,740SQ.FT. ^+ 1 5.02 AC ARBY'S ' i 218,811 SQ. FT.10 W 3109 f Z o CS 3100 1 100' i 187.27' — — ,253•) 63 AC. i 263.55° 68 I a ; 3094 7 �) nn UA THEATER r 313.94D5 1 (13) I 3091r.o1 ac. Co N 3088 I w6493,51)S --_-_-.- - - - ---------------- - - - - -- --- _ _r_ 6.62' z _ I 59 AC srD. O1L pl.-- ..-------------- --------•-------- W I:. u+ 3070 469 15' NNQ I �- - - - �9) _ _ _ _ ey .... PED & DR. ESM7 _ _ _ _ _ _ 1 a i .309.40' Cc 1.69 AC 15 Co - - m $ .96 AC $ - --------------- -- - -- ----"�----- --_ _ _ -- 3060.--- .96 n43 _ ✓ ACAPULCO 3065 PEo�SM g6Z6S 9a! 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(��O'OWWryL STRIPE Iffy lube UTILITY BRICK (COLOR v UTILITY BRICK -60LDIER CRE. rcotaR 7) _ � IRoclaaeE cart. eLx. I I FOUNDATION r LOITER LEVEL WALL - so smIcr. - `-----------------------� Dura 3 REFNMkW FETAL . 4S'-0• IT -4. CAP PLASNNO ALUT. FOAM CORER FN. RED UY UI WNITE STRIFE eY owIER larrERED) UTILITY BRICK iffy lube SCIS•. METAL GUTTER (W ATE) - ❑ UTILITY BRICK -SOLDIER COIRM ROCKFACE CON_ ELK I 4• DIA SrL PIPE I ALUM ENTRY WIT UV F BOLLARD - FILL W)' AND FRAMETYPES SCNED. i CCNc_ OYERNEAD DOOR - SEE II II SCNEOULEB 4W DOOR C-------------------------------- ---- -----] TYPes PREFINISWO FETAL CAP FLASNNO ALUM FOAM CORER FN - FWD W) U• UNITE STRIPE (CENTERED) UTILITY BRICK (caLDR v UTILITY BRICK -SOLDIER COARSE (COLOR )) RODffACE CONC. ELK FOUNDATION I LCWER . LEVEL WALL - See STRUCT. I 11 oulw. REVISED BUILDING ELEVATIONS 13 Attachment 7 HEARTLAND AUTOMOTIVE SERVICES, INC. 2379 W 7th Street St. Paul, MN 55116 (651) 699 • 3899 FAX (651) 699 • 3897 August 30, 2002 From: Jim Schafhauser, Vice President — Operations Jiffy Lube — Minnesota Region To: City of Maplewood Administration Re: Jiffy Lube location near White Bear Avenue and 694 Good afternoon, My name is Jim Schafhauser and I am the Vice President of Operations for Heartland Automotive Services, Inc. responsible for the Minnesota Region. And I would like to thank everyone involved in this project for working with us on adding this location to our Minnesota market. As a lifelong resident of the northeast metro area, I grew up in Roseville and now reside in Stillwater, I have seen the Maplewood Mall area develop from it's infancy through the growth pains and now to what I certainly consider a matureand solid commercial area. I have certainly been pleased to see the resurgence of the shopping in this area since I am a frequent visitor to this particular mall. I certainly feel that the addition of our Jiffy Lube location enhances this corner of the mall development with a highly recognized and respected franchise name to go along with- the already strong and .diversified business base in the area. In addition I believe that having a locally based operator who is actively involved and who lives in the area is a strong plus for the business. I look forward to participating in any processes necessary to bring us to this area. And all of us here at Heartland Automotive Services, Inc. look forward to a long and prosperous future in the City of Maplewood. If you have any questions or needs please feel free to contact me directly at 651-699-3899 ext. 11. Thank you, :,T. m Schafhauser 1.4. Austin • Kansas City • Lincoln Minneapolis • Omaha • St. Louis St. Paul • Topeka Attachment 8 Heartland Automotive Services, Inc. 2379 West Seventh Street Saint Paul, Minnesota 55116 651-699-3899 September 19, 2002 SEP 2 0 2002 To: City of Maplewood, City Council Members and staffRFCE+ vFD From:. Jim Schafhauser, Vice President — Operations Re: Jiffy Lube location near 694 and White Bear Avenue To whom it may concern, I have been asked to address the ten criteria for the approval of a conditional use permit for the. City of Maplewood. 1. All of our Jiffy Lube buildings are located, designed, maintained, constructed and operated in conformity with each City's comprehensive plan and Code of Ordinances. Our company takes great pride in building a high quality; attractive building that operates within all City guidelines. 2. Adding our Jiffy Lube location to this existing site where a vacant building has stood for several years will not change the existing or planned character of the surrounding area other than to improve the appearance and value of the surrounding properties. 3. By building a new and high quality Jiffy Lube location on this existing abandoned building site the surrounding property values will only increase. 4. The operation of our Jiffy Lube facility does not involve any activity, process, materials, equipment or methods of operation that would be dangerous, detrimental, disturbing, or cause a nuisance to any person or property, because of excessive noise, glare, smoke,. dust, odor, fumes, water or air pollution, drainage water run-off, vibration, general unsightliness, electrical interference or other nuisances. The only possible exception to this is the collection and proper disposal of waste oil. Our Jiffy Lube facilities and operations actually improve many of these areas for the community by providing a safe and professional business operation. 15 5. Having a Jiffy Lube facility on this site does not generate any significant vehicular traffic in itself. Most of our business is already in the area for other shopping needs at the mall. By ourselves we are not considered a destination but rather a convenience to being in the area already for shopping. 6. Having a Jiffy Lube on this site is certainly adequately served by all existing public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. I do not believe that having a Jiffy Lube on this site would create. any excessive additional costs for any public facilities or services. 8. The facility will incorporate as much of the site's current natural and scenic features as possible into the development design. 9. Having. a Jiffy Lube on this location causes no adverse environmental effects and we believe, helps the overall environment in the community by providing an appropriate location to have this type of work done and allow for proper handling of the waste products. 10.I don't believe # 10 is meant for a use such as ours. I am certainly available to discuss any of these items with anyone who has a question. Please feel free to contact me at 651-260-3911. We look forward to becoming a member. of the City of Maplewood in the Maplewood Mall area and to taking this vacant location and making it into a worthwhile part of the City of Maplewood. Sincerely, Jim Schaauser Vice President Operations 16 Attachment 9 Jiffy Lube - Engineering Plan Review Maplewood Engineering Department Chris Cavett, Assistant City Engineer September 30, 2002, Revised 10/18/02, (per revised plans dated 10/16/02) Storm Water Management/ Storm Water Treatment: Summary: This site, as well as most all the Mall area, drains to a regional treatment and detention facility known as Markham Pond. The subject site is currently an area of mostly impervious surface and the proposed plan does not significantly change that condition. Where possible and practical, however, the project engineer should include some Best Management Practice (BMP) techniques in the final project plans. The plan now shows a rain garden, but it is quite vague about the area draining into it. 1 Applicant or project engineer should indicate what area is draining to the rain garden and how it is get there. In addition, the landscape plan should provide a detail of the preparation of the garden area. 2 As a BMP, the plans should direct roof scuppers into turf and landscape areas only, rather than onto pavement or into storm sewer. Building details shall reflect this requirement. Utilities: 1. Coordinate all water main work with the St. Paul Regional Water Services, (SPRWS), who has private agreements with the Mall Properties management over the private water main in the mall area. MISC: 1. Construct a six -foot -wide concrete sidewalk along the north and east sides of the ring road, (along the south and west sides of the property) and a minimum of 5 -feet behind the curb. The city's long-term comprehensive plan is to add more sidewalks to the commercial areas of the city. This includes the Maplewood Mall and making the mall area more pedestrian friendly. Note the sidewalk as "Proposed". not "Future "sidewalk. The sidewalk shall be extended to the easterly property line; not the easterly limits of the Jiffy Lube project. Remove curb at street and driveways to construct pedestrian ramps. 2. Grading permit required. The applicant or contractor shall provide: a. Name of licensed excavator drawing the permit. b. Area to be disturbed. c. Yardage of earthwork. 3. The applicant or contractor must get a utility permit from Maplewood Engineering for sewer and storm sewer work. 4. Review the SAC units and possible charges with MCES, (Metro Council of Environmental Services). 17 Attachment 10 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Jim Lee, of RJ Marco Construction, applied for a conditional use permit to build a Jiffy Lube auto service facility (a vehicle maintenance garage). WHEREAS, this permit applies to the property that now has a vacant Pizza Hut Restaurant that is northeast of Maplewood Mall. The legal description is: Subject to easements, except East 167 feet and except the North 20 feet; Lot 15, Block 1, Maplewood Mall Addition (PIN 02-29-22-21-0014) WHEREAS, the history of this conditional use permit is as follows: 1. On October 7, 2002 the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on October 28, 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 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 property values. 4. The use would not involve any activity, process,. materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would 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. 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. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on , 2002. 19 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, OCTOBER 7, 2002 b. Conditional Use Permit — Jiffy Lube (Maplewood Mall Ring Road) Mr. Roberts said .Mr. Jim Lee, of RJ Marco Construction is proposing to build a 3 -stall Jiffy Lube auto service facility on the ring road northeast of Maplewood Mall. There is now a vacant Pizza Hut restaurant on the proposed site. If the city approves this proposal, the applicant would tear down the existing restaurant on the site and construct the new facility. Mr. Roberts said the proposed Jiffy Lube shop meets the criteria for a CUP. There is commercial development on all sides of the site. There were no neighboring property owners that objected to this proposal. Mr. Reg Plowman of RJ Marco, 75 West Viking Drive, Little Canada. addressed the commission. He is the developer representing the applicant. Mr. Plowman said the applicant has a problem with two of the staff report conditions including the requirement that the sidewalk be installed and the parking signs. in the parking lot. Commissioner Rossbach said he would like the applicant to comment on the issue of the sidewalk. Mr. Plowman deferred to the applicant for Jiffy Lube, Mr. Tom Schuette of Azure Properties. Mr. Tom Schuette of Azure Properties, P.O. Box 17830, St. Paul, addressed the commission. He said they object to the requirement of the sidewalk. He said there are no sidewalks in that vicinity and it would not lead anywhere. Mr. Schuette'said they would be dealing with skateboarders and ice and snow with sidewalks installed for little benefit in return. He does not know who would use the sidewalk and in his opinion the negatives outweigh the positives. Commissioner Rossbach said Maplewood would like to have more sidewalks in the city and they have to start somewhere with developing a network of sidewalks. Mr. Rossbach said it would be very difficult for the city council- not to require this property to have sidewalks when there are other properties that have been required to put in sidewalks far more difficult to install than in this location. Mr. Schuette said he wonders if it would make a difference if the sidewalk were on a boulevard in a public area verses having a sidewalk on private grounds as it is here. Commissioner Rossbach said he doesn't see the difference, if people need to get from one area to another they would use sidewalks. The City of Maplewood is trying to encourage more bicycle and pedestrian traffic. Mr. Schuette said there is still a problem with skateboarders and he thinks putting in the sidewalk will only make it worse. Commissioner Rossbach said Mr. Schuette may not think putting the sidewalks in at this time is the greatest idea but ten to fifteen years from now the businesses will benefit from having them. Mr. Schuette said he doesn't see the need for having customer and*employee parking signs in the parking lot but it was a requirement by staff. Mr. Roberts said this is to distinguish the parking spots for Jiffy Lube customers' verses their employees. Commissioner Dierich asked Mr. Cavett where the rainwater garden and sidewalk would go, Mr. Roberts showed planning commission members where the rainwater garden would be placed on the small grassy area and where the sidewalk would be located. Commissioner Desai asked staff if Jiffy Lube is responsible for installing the entire sidewalk along the area. Mr. Roberts said because thisproperty is treated as one property the sidewalk should be installed along the property. It is owned by Azure Properties and the space is leased to the Acapulco restaurant and would be leased to Jiffy Lube. Commissioner Rossbach moved to approve the resolution on pages 19 and 20 of the staff report. This resolution is for a conditional use permit for a maintenance garage for the proposed.Jiffy Lube along the ring road northeast of Maplewood Mail. The city is basing its approval on the findings required by code. This approval shall be 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. 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. The city council shall review this permit in one year. Commissioner Desai seconded. Ayes — Dierich, Fischer, Ledvina, Monahan-Junek, Pearson, Rossbach, Desai The motion passed. This goes to the city council on October 28, 2002. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 8, 2002 a. Jiffy Lube Maplewood Mall Ring Road (old Pizza Hut site) Ms. Finwall said Mr. Jim Lee, of RJ Marco Construction is proposing to build a 3 -stall Jiffy Lube auto service facility on the ring road northeast of Maplewood Mall. There is now a vacant Pizza Hut restaurant on the proposed site. If the city approves this proposal, the applicant would tear down the existing restaurant on the site and construct the new facility. Board member Shankar had a correction to be made in 2. a. (2). The direction should be south and west sides instead of north and east sides of the ring road. Chairperson Ledvina said it appears the building is very close to the street on the west side. He asked staff what the required setback is. He said the building appears to be 15 to 20 feet from the curb. Ms. Finwall said the minimum front yard setback for the business commercial zoning district is 30 feet. However, because this is a private street there is no required setback. Board member Olson said the site plan shows the setback as 18.4 feet. She asked staff what the reason for this was. Ms. Finwall said she assumes that the applicant for Jiffy Lube is attempting to maintain the parking area for Acapulco Restaurant by constructing the building with the existing setback of the old Pizza Hut building. Board member Olson asked if there is shared parking for the two buildings. Ms. Finwall said this is one parcel under one ownership. Chairperson Ledvina asked staff why the city would not use the standard setback regardless if it were a public or private road. Ms. Finwall said not having the background on this case she is assuming that staff is attempting to accommodate the existing parking for this site by recommending approval. of the 18 -foot front yard setback. The city code does not require that they maintain a 30 -foot setback, however, that is something the board could recommend. It is not a requirement of the city ordinance. It does appear that when a sidewalk is added there will be limited space between the building and the street. Board member Olson said that is a veryheavily used road. This could be a hazard having the building so close. Ms. Finwall said if you were to relocate the building an additional 12 feet to maintain the 30 - foot setback you would remove the middle row of parking for the Acapulco Restaurant. She said the parking lot could be redesigned as well. Chairperson Ledvina said Jiffy Lube's site plan seems to be poorly utilized for the space that is there. Board member Olson said if she was to bring her vehicle to the proposed Jiffy Lube and it was going to be there for a while, she would want to walk across the street and look at some of the shops. She thinks pedestrian access and the sidewalk are important. Therefore, she would prefer to see a more reasonable setback for the building from the roadway. Chairperson Ledvina asked if staff recommended improving the quality of the brick on- two elevations? Ms. Finwall said the recommendation is 50% brick on all four elevations. Board member Shankar said currently the elevations show concrete block at 65% of the ,building and the metal panels are at 35%. He said to have 50% of the elevations with brick it would still leave some block. He would suggest that wherever block is shown it should. be changed to brick then it would be 65%. Reg Plowman with RJ Marco, 75 West Viking Drive, Little Canada representing the applicant .for Jiffy Lube addressed the board. Chairperson Ledvina asked Mr. Plowman if he had samples of the building products and color schemes he would be using. Mr. Plowman said no, but he did bring a photo of a project RJ Marco did for Jiffy Lube about four years ago as he passed the photo out to board members. Chairperson Ledvina asked Mr. Plowman if this is what the proposed building will look like. Mr. Plowman said no, but the picture shows the building with 50% brick and other materials. This is what the City of Blaine requested from them. Regarding Mr. Shankar's comments to come up with the 50% brick, the panel on the building proposed is 5'4" and that leaves just under 10 feet for the balance. When the staff calculates the 50%, are they taking it from the fascia to the ground or from the whole side of the building? If you take the whole side of the building from 15 foot to the ground then he would have to put three -to -four courses of colored rock face. on the lower band and the rest would be brick, and that would meet the 50%. Chairperson Ledvina asked the, applicant for a clarification of how the building was laid out on the site. Mr. Plowman said they wanted to use the existing footprint of the Pizza Hut building. They started with the same setback to ring road. The parking is quite tight, the area that is not shown on the map is all striped parking and at night Acapulco restaurant has every one of those parking spots filled up. The client is just trying to make use of the building. It has been sitting vacant for a couple years unoccupied and he has a user that is willing to put up a lot of money to make use of the space that does not require a lot of parking. Board member Jorgenson asked Mr. Plowman to talk about the bollards that will be on the site. Mr. Plowman said the bollards will be in front of the customer parking.. They are 4 -inch bollards on either side of the door and stand about 4 -foot high. Chairperson Ledvina said Mr. Plowman voiced his concern about the sidewalks but did he have any other concerns he wanted to discuss. Mr. Plowman said Mr. Schuette from Azure Properties was at the Planning. Commission meeting and he said he is okay with the sidewalks as long as they are assured that the sidewalk complies with the city's master plan of sidewalks. Ms. Finwall said the City of Maplewood is currently working on a comprehensive sidewalk plan for the entire city. In addition, sidewalk implementation. is discussed in the comprehensive plan. Board member Olson said the city is handling sidewalks on an individual basis and they .have to start somewhere. Mr. Plowman suggested some type of brick detail to add visual design elements on the west wall. Board member Olson asked Mr. Plowman if there was a reason they could not relocate the building footprint to create a 20 -foot setback and then add an additional parking space to the north side. Mr. Plowman said there is a 24 -foot -wide drive aisle from the end of those parking spaces. However many feet forward the building is moved you are taking away from the next row of parking. Board member Olson said she thinks if they moved the building to give it a 20 -foot setback they could shift the five parking spaces a few feet to the north. Mr. Plowman said the building would then encroach into the required 24 -foot drive aisle. Chairperson Ledvina asked about sliding the building due north ten feet or so. Board member Shankar said you still wouldn't get a 20 -foot setback. Mr. Plowman said there's an existing trash enclosure and an electrical transformer there. Board member Olson said she believes this site plan could be altered to give the building a 20 - foot setback. Ms. Finwall asked the board if the main concern is the setback to the ring road. Board member Olson said yes she would like to push the building back more. The 18.4 -foot setback bothers her. Chairperson Ledvina said it appears that the Acapulco Restaurant has a 25 -foot setback to the ring road. Board member Shankar said he believes if the building is moved north five feet that should take care of the setback and the applicant can still work with the plan. Chairperson Ledvina said he would Like to see this proposal more refined. He has a concern that there is an opportunity to fix the setback. He said if the ordinance says a 30 -foot setback then that should be the starting point regardless if it is a private road or public roadway. He said.the photographs of the Jiffy Lube that was built four years ago does not give a very good indication of what will be on the site. He thinks there should be as much brick on this building as possible. He would like to see materials, samples of the metal materials and the brick. He said this building is in a very visible location and it is appropriate that the building be constructed to have a high-quality finish and. nothing less should be settled for as the reconstruction of this site. Board member Olson said she is glad the applicant is not going to be installing the red seamed metal panels as is depicted in the photo. She is not comfortable with the layout of the site plan and she wants to see the sidewalk installed. She is in favor of this building being built in this location and would like to see this proposal completed in one way or another. She thinks it is impractical to add a window on the west side of this building. Shelving, equipment and storage is important to the interior of the building and the window is not necessary. She has been in other Jiffy Lube buildings and the interior storage is very important and that would be taken away from the window if .it were installed. Landscaping can be" done to add to the exterior. of the building if the window would serve no purpose. Board member Jorgenson said he would like to see as much green space as possible. He would like to see the sidewalk installed, and the footprint of the building altered. Board member Shankar said he does not believe a window should be introduced to that 30 - foot wide wall either when landscaping can add more visual elements. He is hesitant to introduce two colors of brick detailing. There could be one color of brick detailing and have a soldier course that has brick stacked in a different manner at three feet off the ground. Also there are two colors of metal panels already. Board member Jorgenson said he is concerned about the northern portion of the site where the five customer parking stalls and bollards are located. It was suggested by Mr. Plowman to put in some blocking in that location. .Board member Olson said she agrees. She would like to recommend extending the concrete walk and put some bushes in by the bollards to create some definition between the parking and the drive path. She said she would like to have the applicant come back with a better layout and design because she has so many concerns about this proposal. Chairperson Ledvina told staff it seems that board members have a lot of issues and concerns about this proposal. He asked staff if tabling this proposal in order to see revisions would be appropriate. Ms. Finwall said this proposal is scheduled to go to the city council on October 28, 2002. The applicant is attempting to begin construction soon after, so time is important to the applicant. However, Ms. Finwall said the board seems to be struggling with the site plan and building elevations and for this reason tabling the item would be a good idea. Board member Olson moved to table this item. Chairperson Ledvina said he would like to see the applicant revise the site plan to meet as many of the conditions that have been outlined in the staff report so the plans reflect the conditions as well as the board members discussion this evening. He would like to have the applicant provide samples of the building materials, color renditions of what the building would look like, the illumination of the bollards or substituting of, substituting brick for block, the south elevation using some relief to the brick construction, such as a soldier course, and a strong concern regarding the building setback in comparison to ordinance requirements which would be 30 feet. Board member Shankar seconded.. Ayes — All The motion carried. On September 26, 2002, Maplewood Imports of 2780 Highway 61 North submitted land use applications for the construction of a new vehicle storage lot on a 2.36 -acre parcel located on the, north side of Gervais Avenue, east of S. P. Richards and west of English Street (see attached maps on pages 2 through 4). The land use applications included a request for a conditional use permit (CUP) for the storage of motor vehicles on a property in the M-1 (light manufacturing) zoning district and design review approval of the project plans. Maplewood Imports was proposing the parking lot for temporay storage of new vehicles in order to alleviate the frequent excess of vehicles at their Highway 61 dealership. On October 7, 2002, the planning commission recommended approval of Maplewood Imports' CUP. On October 8, 2002, the community design review board approved the design elements of the proposal with changes. On October 15, 2002, Maplewood Imports submitted correspondence to the City of Maplewood withdrawing their request for a CUP and design review for the proposed motor vehicle storage lot (see Maplewood Imports' correspondence on page 5). Doug Mulder, general manager for Maplewood Imports, states the reason for Maplewood Imports' withdrawal is due to the many obstacles that have driven the price and timeline of the project in a less than favorable direction. Before knowledge of Maplewood Imports' withdrawal, city staff published the CUP public hearing date in the Maplewood Press for October 28, 2002. For this reason staff has included Maplewood Imports' CUP and design review on the agenda. Staff requests that the city council announce the withdrawal of the request by the applicants at the October 28, 2002, city council meeting in the event a member of the public attends or views the meeting for information on the proposal. Attachments 1. Location Map 2. Grading Plan 3. Landscape Plan 4. Maplewood Imports' Correspondence Agenda # Action by Council I MEMORANDUM Date .� ,EnC��t"s�cl TO: Richard Fursman, City Manager Modified FROM: Shann Finwall, Associate Planner Rejected SUBJECT: New Vehicle .Storage Lot APPLICANT: Maplewood Imports LOCATION: 1 1X Gervais Avenue (north side of Gervais Ave., west of English St.) DATE: October 21, 2002 On September 26, 2002, Maplewood Imports of 2780 Highway 61 North submitted land use applications for the construction of a new vehicle storage lot on a 2.36 -acre parcel located on the, north side of Gervais Avenue, east of S. P. Richards and west of English Street (see attached maps on pages 2 through 4). The land use applications included a request for a conditional use permit (CUP) for the storage of motor vehicles on a property in the M-1 (light manufacturing) zoning district and design review approval of the project plans. Maplewood Imports was proposing the parking lot for temporay storage of new vehicles in order to alleviate the frequent excess of vehicles at their Highway 61 dealership. On October 7, 2002, the planning commission recommended approval of Maplewood Imports' CUP. On October 8, 2002, the community design review board approved the design elements of the proposal with changes. On October 15, 2002, Maplewood Imports submitted correspondence to the City of Maplewood withdrawing their request for a CUP and design review for the proposed motor vehicle storage lot (see Maplewood Imports' correspondence on page 5). Doug Mulder, general manager for Maplewood Imports, states the reason for Maplewood Imports' withdrawal is due to the many obstacles that have driven the price and timeline of the project in a less than favorable direction. Before knowledge of Maplewood Imports' withdrawal, city staff published the CUP public hearing date in the Maplewood Press for October 28, 2002. For this reason staff has included Maplewood Imports' CUP and design review on the agenda. Staff requests that the city council announce the withdrawal of the request by the applicants at the October 28, 2002, city council meeting in the event a member of the public attends or views the meeting for information on the proposal. Attachments 1. Location Map 2. Grading Plan 3. Landscape Plan 4. Maplewood Imports' Correspondence GERVAIS AVE E w t w Locatol z on Map Attachment 2 5' TRUCK TURNING \•� x \ MOVEMENT / f 11 x94.00aw 2 e92.00 x96.80HP / 612 SILT FEMCE (TRP. (SEE DETAIL 8/CS) 13 IF HIGH CHM BASE LIME I \ \ p.. SVE . PARKING sETB+cK — — — — �, -MIN 10' SIDE BULDINc SETBAac (TYIP•) / ROPOSED 164 - FUTURE n I 1 BU000ING S.F. 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Landscape Plan Attachment '4 -A---RLEWOO-D 1 M P G R T M E R C; E D E S r 1'r3 E N Z 0 A 11 Q...L- . p 0 12 S C: 1...1 F oo,:; 1004 lin 001- � 71P a7- ......,0,*Ad . ... ........ 1 1 i gIl Wil h � •Maplewood-, . Y N4U' ui�.ti t4l- 551.(. 9---..05.1--48 3-2681 TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk OV" DATE: October 21, 2002 RE: Adult Uses and Sexually -Oriented Businesses Ordinance Amendment Intrnrinetinn Agenda l Action by Ancil Date Endorsed Modified At the February 11, 2002 council meeting, the City Council imposed a six month moratorium on Adult Use and Sexually -Oriented Businesses. The moratorium was to expire on August 11, 2002. At the July 22, 2002 council meeting, Council member Collins moved to extend the moratorium for an additional 90 days, directing staff to research further zoning restrictions. Additionally, there has never been an investigation or a license fee established for Adult Use Businesses. Background The current code was passed in February of 1996, with input from City Attorney Kelly and Assistant City Manager Coleman. The ordinance was written, in part, to restrict these types of businesses from a zoning standpoint. Presently, Adult Use Principal may be located in zoned M- 1 (light manufacturing) and M-2 (heavy manufacturing) districts. Council member Collins is requesting that all Adult Use licenses be restricted to M-1 located more than 1,000 feet from residential, school, church, parks and open space. See attachment 1. This would zone Adult Uses and Sexually Oriented Businesses out of the city, which could have legal ramifications Zoning Adult Businesses M-1 and located more that 350 feet from residential, school, church, parks and open space would permit Adult Businesses to exist in 92 out of 532 M-1 parcels. See attachment 2. As stated, the current code allows uses within the M-1 and M-2 zoning districts. The proposed licensing ordinance will allow adult use accessory licenses within the M-1, BC and SC zoning districts. Currently the zoning code allows uses in the SC, M-1 and M-2 zoning districts. Attachment 3 reflects a change in the current ordinance that will correct theses inaccuracies. In addition to the code change approving the above zoning, it is requested that the council set a license fee and an investigation fee. License Fee — The criteria the city uses for setting license fees is based on time involved in administering and monitoring the type of license. An opinion from our attorney's office indicates that the council may set a fee for the license at a higher amount in order to discourage the number of applicant's for the license but must meet the test of reasonableness. The City Attorney's office indicated a fee $500 - $1,500 is within reason. Investigation Fee - State guidelines for investigation fees (Minnesota State Statute 340A.412), (revised in 2001), for Liquor Licenses may be charged as follows: The fee may not exceed $500 if the investigation is conducted within the state. The fee may not exceed the actual cost of the investigation, but not more than $10,000 if the investigation is required outside the state. Deputy Chief Thomalla recommends that the same type of investigation be done as is done for intoxicating liquor license applicants. It is the most extensive background check that is done on any applications for licenses within the city. In the event that it is necessary to conduct and complete the investigation out of state, any costs associated will be charged as actual costs not to exceed $10,000. Recommendation Accept the revised Adult Uses and Sexually -Oriented Businesses Ordinance, set fee for Adult Use license and accept investigation fee recommendation. `Attachment 1 53�Light Manufacturing Zoning ris Zero Parcels Light Manufacturing Zoning Located More than 1.000 Fee From Residential/School/Church/ Park/Open Space Adult Uses and Sexually Oriented Business Zoning Ligni Uses manuraczuring and Sexually 40ninE Located More Than 350 Fee- :)fResidential/School/Churci Park/Open Space /92 Parcels Out of 532 adult oriented Zonina Uses and Sexually Business Attachment.3 SECTION 2. This section adds the following to the Maplewood City Code: DIVISION 7. BC BUSINESS COMMERCIAL DISTRICT 36-151. Uses (a) ` Permitted uses. The city shall only permit the following uses by right: (18) Adult Use Accessory subject to the requirements in Chapter 17. SECTION 3. This section adds and deletes the following to the Maplewood City Code: DIVISION 8. SC SHOPPING CENTER DISTRICT Section 36-173 Use regulations. (a) Permitted uses. The city shall only permit the following uses by right: (12) Adult Use Accessory subject to the requirements in Chapter 17. SECTION 4. This section adds the following to the Maplewood City Code: DIVISION 10. M-2 HEAVY MANUFACTURING DISTRICT Sec. 36-201. Permitted uses. The following are permitted uses in the M-2 district: (1) Any use permitted in the M-1 district except Adult Use Accessory. MEMORANDUM SUMMARY TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Highwood Farms Preliminary Plat LOCATION: South of Highwood Avenue, east of Dennis Street DATE: October 22, 2002 INTRODUCTION Project Description Agenda # CJ C) Action by Council Date Endorsed Modified Rejected Mr. Charles Cox, representing CEC Development, Inc., is proposing to develop a ten -lot plat for single dwellings called Highwood Farms. It would be on a 3.71 -acre site on the south side of Highwood Avenue, east of Dennis Street. Requests To build this project, Mr. Cox is requesting that the city approve a preliminary plat to create the new street and the ten lots in the development. In addition, city staff is proposing to change the zoning for the. site. from F (farm residence) to R-1 (single dwellings). BACKGROUND On September 23, 2002, the city council held a public hearing about the proposed 10 -lot subdivision for this site After taking public testimony about the proposal, the applicant agreed to a time extension for council action on the proposal. This time extension was to allow him time to study other options for the property, including the idea of putting town houses near Highwood Avenue and leaving the southern end of the property untouched. DISCUSSION Since the September 23, 2002 council meeting, the applicant has submitted a sketch plan for site that shows 22 townhouses on the northern two-thirds of the property. The applicant submitted this revised plan to show a possible development alternative to a ten -lot subdivision for the site. .I review this sketch plan in the full memorandum about this site. The city, however, may not yet approve this plan, as we have not received the necessary applications and complete plans for our review. ALTERNATIVES 1. Approve the proposed 10 -lot preliminary plat as requested by the developer and the zoning map change as requested by city staff. 2. Approve a revised preliminary plat for the site and the zoning map change. 3. Deny the proposed 10 -lot preliminary plat and zoning map change. If the council chooses to deny the plat, the council should direct the city attorney to prepare findings of fact for such. Preliminary Plat (Original Proposal) The development of this site into anything more than its current use of a house and accessory buildings will be a challenge. The site has several existing conditions that make the development of this property difficult. These limiting factors include the shape of the property (173 feet wide by 1,100 feet deep), its one access point (on Highwood Avenue) along with its characteristic of generally sloping from west to east. With the existing conditions on the property, there are not many options for designing a subdivision to fit the site. The proposed preliminary plat, with its street and lot design, raises many issues.for the city and for the neighbors. I have discussed these fully in the memo about this proposal. RECOMMENDATIONS A. Approve the Highwood Farms preliminary plat (received by the city on August 7, 2002). Staff is recommending approval of the proposal subject to several conditions of approval. B. Adopt the zoning map change resolution. This resolution changes the zoning map from F (Farm Residence) to R-1 (Single Dwelling Residential) for the proposed Highwood Farm plat on the south side of Highwood Avenue. C. Take no action on the proposed revised site plan (date-stamped October 21; 2002) for the site. If the developer wants to move forward with such a proposal, then the developer must Prepare the required plans and make the necessary applications to the city. 2 TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Highwood Farms Preliminary Plat LOCATION: South of Highwood Avenue, east of Dennis Street DATE: October 21, 2002 INTRODUCTION Project Description Mr. Charles Cox, representing CEC Development, Inc., is proposing to develop a ten -lot plat for single dwellings called Highwood Farms. It would be on a 3.71 -acre site on the south side of Highwood Avenue, east of Dennis Street. Refer to the maps on pages 12 -18 and the enclosed plans. Requests To build this project, Mr. Cox is requesting that the city approve a preliminary plat to create the new streetand the ten lots in the development. (See the maps on pages 15 through 18 and the enclosed project plans.) In addition, city staff is proposing to change the zoning for the site from F (farm residence) to R-1 (single dwellings). BACKGROUND On September 23, 2002, the city council held a public hearing about the proposed 10 -lot subdivision for this site. After taking public testimony about the proposal, the applicant agreed to a time extension for council action on the proposal. This time extension was to allow him time to study other options for the property, including the idea of putting town houses near Highwood Avenue and leaving the southern end of the property untouched. DISCUSSION — REVISED PLAN The revised plan submitted by the applicant (on page 38) shows 22 townhouses on the north two- thirds of'the 3.7 -acre site. This is 5.95 units per acre, a proposed density that meets the city's standard of 6 units per acre for medium -density residential development. The applicant has not yet had any engineering or grading plans prepared for the revised site plan. It would appear, however, that the revised plan would not disturb the south end of the site and would save many of the trees on the property. I also should note that the city requires a 50 -foot setback for town houses from. an adjacent residential property line and a 20 -foot setback for parking areas or driveways from an adjacent residential property line. The city established these setbacks to allow for separation and screening between town houses, their driveways and adjacent residential properties. It appears that the proposed revised plan meets all these setback requirements. There are several approvals the city council would have .to make before the developer could build town houses on this site. These include a land use plan change to medium -density residential, a zoning map change to R-3 (multiple -family residential) or a planned unit development (PUD) and design approval for the architectural, site and landscaping plans. If the applicant wants to move forward with this or another town house proposal for the site, the city council should direct the developer to prepare the required plans and make the necessary applications to the city. In addition, the city would hold new public hearings for such a request (if the developer chooses to do so) before the city council would make a decision about any revised plans. DISCUSSION — ORIGINAL PROPOSAL Preliminary Plat The development of this site into anything more than its current use of a house and accessory buildings will be a challenge. There are several existing factors including the shape of the property (173 feet wide by 1,100 feet deep), its one access point (on Highwood Avenue) along with its . characteristic of generally sloping from west to east that make the development here difficult. With the existing conditions on the property, there are not many options for designing a subdivision to fit the site. The proposed preliminary plat, with its street and lot design, raises many issues for the city and for the neighbors. I will discuss the major issues with this proposal below. Subdivision Ordinance Chapter 30 of the city code (subdivisions) regulates the platting or subdividing of property in Maplewood. The purpose of this part of the code is "to protect and promote the public health, safety and general welfare, to provide for the orderly, economic and safe development of land...". As such, the city must balance many interests when reviewing and considering a subdivision in Maplewood. These include the interests of the property owner, the developer, the neighbors and the city as a whole. To this end, Section 30-6 of the code says that "the planning commission may recommend and the city.council may require such changes or revisions of a preliminary plat as deemed necessary for the health, safety, general welfare and convenience of the city.' Density and Lot Size As proposed, the lots in the plat will range from 10,000 square feet to 12,388 square feet with an average lot size of about 10,266 square feet. (See the proposed plat on page 15.) The city requires each single dwelling lot in the R-1 (single dwelling) zoning district to have at least 75 feet of width at the front setback line and be at least 10,000 square feet in area. All of the proposed lots would meet or exceed the standards in the city code. Right -of -Way Location (double -frontage lots) As proposed, the plans show a new street right-of-way along the west property line of the site with walk -out lots on the east of the new street. This design, however, puts the new street directly behind the houses on Dennis Street and would in effect create double street frontage for eight existing lots. Section 30-8(f)(6) of the city code says, "double frontage lots shall not be permitted, except where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional depth of at least 20 feet in order to allow space for a protective plant screen along the back line." Several of the neighbors on Dennis Street have expressed concerns about this design and have questioned why the street is not proposed for the east side of the development. The developer told staff that the proposed design would save at least 20 large trees along the east side of the site and would create nicer lots for houses and they would be walk outs. Chris Cavett noted in his comments (starting on page 23) that the street as proposed, "would intercept the drainage from the west, which could be treated in a first flush rainwater garden located at the northeast corner of Lot 1." 4 Based on staff s review of the site and the existing conditions, the proposed plans are not unreasonable. The lots on Dennis Street have extra depth (they range from 138 to 229 feet deep) so that the existing houses will not be right on top of the proposed street. Many of these existing homes have fences and landscaping along their east property lines to help provide privacy and separation from the proposed development. If the street was put in on the east side of the site, it would not create double frontage lots but probably would require more grading and tree removal and would create less desirable lots as they would back up to or back into a hill. Coordination of platting with adjacent property (to the east) Related to the point noted above about the location of the street right-of-way is the question of possible future platting of the land to the east (the site with the cell phone tower). Several city staff members, believe that the owners of the existing cell phone tower will eventually have it removed which would then make the site available for development. If this occurred, staff wants to ensure that any approvals or actions on the applicant's site would not preclude the sensible use of the adjacent property to the east. An initial concern of city staff with this proposal was its possible effect or limiting it would put on the future use of the property with the cell phone tower. That is, would this proposal effectively prohibit or severely limit the possible future development- or redevelopment of the adjacent property? Is it necessary to provide a street right-of-way to the cell tower site from this development? To answer these questions, city staff prepared several sketch plans of the area. (See the plans on pages 20 through 22.) These plans show what the owners might do for the platting on both properties - if they were platted in a coordinated manner or if the owners develop them separately. Specifically, the plan on page 20 shows one cul-de-sac serving both properties with 16 lots. The second sketch plan (page 21) shows how the owners of the cell phone tower site might plat their property separately from the applicant's site. This plan has a cul-de-sac entering the property from Highwood Avenue and would have nine lots for houses. The important thing that this plan shows is that the owners of the cell phone tower property should be able to develop their property independently from the applicants' site. Page 22 has the third plan for the area prepared by city staff. This plan shows a new street on the east side of the applicant's site that would turn east into the adjacent property. The street might continue back out to Highwood Avenue or could possibly end in a cul-de-sac in the center of the property with the cell phone tower. This plan would have about 18 lots for houses. Public versus Private Street Mr. Cavett also had comments about the proposed street, its location and whether the street should be private or public. He noted, "due to the liabilities of one-sided frontage and the considerable amount of retaining wall along the street, public works staff does not feel that a public street at the proposed location is in the public's best interest. Therefore, staff does NOT recommend a public street along the proposed alignment." Based on Mr. Cavett's comments, if the proposed plan is to go forward, staff is recommending that the development have a homeowners association that would be responsible for the maintenance and care of the street and any adjacent landscape areas (including the rainwater gardens). Having a private street in this development would be similar to a townhouse development (such as the recently -built Gardens on McMenemy Street) where the homeowners would all share in the costs for the maintenance of the street (including snow plowing) and all other improvements (including the rainwater gardens and the retaining walls). ki An advantage of having a private street in this development is its effect on setbacks. A private street does not have a right-of-way or front property line that the city or the builders would use for determining where the fronts of the houses would need to be. In most locations in Maplewood, the city requires the front of a house to be set back 30 to 35 feet from the front property line. When looking at front setbacks along a private street, the city would require the homes to have at least a 20 -foot setback from the curb. This is the minimum distance necessary to ensure that the owners of vehicles could park them off the private street without having the vehicles block the street. In this case, having a smaller front yard will allow the builders of the homes to set them closer to the private street and to keep more of the trees along the east property line of the site. A private street or driveway in this development could be 28 feet wide with parking on one side (to allow for emergency vehicle access into the site). Trees As proposed, the contractor for Mr. Cox would grade almost the entire site to create the street right- of-way and the house pads. This grading would remove about 45 large trees and leave about 20 large trees on the 3.71 -acre site. In addition, the plans show the planting of 13 ash trees along the new street. City Engineering Department Comments The city engineering department has been working with the applicant's engineering consultant in reviewing this proposal and plans. Chris Cavett's comments are in the attachment starting on page 23. Public Utilities There is sanitary sewer and water near the site to serve the proposed development. Specifically, water is to the west of the site at the intersection of Highwood Avenue and New Century .Boulevard. The developerwill extend the water main down Highwood Avenue to and through the site. The Saint Paul Water Utility will need to approve the plan for the water main. Sanitary sewer is east of the site at the intersection of Highwood Avenue and Century Avenue. The developer is proposing to extend the sewer up Highwood Avenue from Century Avenue to and through the development. The city engineer must approve the final engineering plans before the applicant or contractor may start construction. Drainage Most of the site drains to the north and east. The developer=s engineer told me that by using the proposed ponds and rainwater gardens as storm water detention facilities, the development would not increase the rate of storm water runoff from the site. That is, the runoff leaving the site will be at or below current levels. Mr. Cavett noted this requirement, along with several others, in his comments. (See the information starting on page 23.) The Ramsey/Washington Metro Watershed District has been working with the developer on the proposed project plans. Mr. Cox or the contractor must get a permit from the watershed district before starting grading or construction. Cl Other Comments Lieutenant Banick of the Police Department did not have any public safety concerns. Butch Gervais of the Fire Department noted that the cul-de-sac must have a turning radius of at least 42 feet (for equipment). Neighbors' Comments City staff surveyed the 35 property owners within 350 feet of the site. Most of the seven replies were opposed to the proposal. Refer to the comments on page 10 and the letters on pages 26 — 36. Zoning The city has zoned this property F (Farm Residence) and has planned it R-1 (Single Dwelling Residential) in the city's comprehensive plan. The city's subdivision ordinance allows for the platting of single-family lots within the Farm Residence zoning district. To be consistent with the comprehensive plan, however, staff recommends that the city change the zoning of the site from F (Farm: Residence) to R-1 (single dwellings). COMMISSION ACTION The planning commission reviewed the original proposal on September 4, 2002. The commission, after much discussion, recommended approval of the, plat, subject to the developer redesigning the proposal. The commission wanted the developer to put the street on the east side of the site (instead of the west side as proposed) to eliminate the double fronting lots. The commission also recommended that the street be public and not private (as staff is recommending) and that the city allow reduced front yard setbacks of 20 feet (instead of the usual 30 feet) for the new houses. Staff agrees with many of the points the planning commission has about the placement of the street. Our opinion, however, is that the applicant could provide more useable and attractive lots with their proposal rather than with the changes suggested by the planning commission. This is primarily because of the slopes and trees on the property. In addition, the land to the east is still accessible and developable without a street connection to the applicant's site. The city can require the applicant to buffer the homes to the west on Dennis Street with plantings and screening on the west side of the proposed street. Staff is recommending that the -applicant install a planting/screening plan along the street that would be six feet tall and at least 80 percent solid. The commission has not reviewed or commented on the proposed revised plan for the site. RECOMMENDATIONS A. Approve the Highwood Farms preliminary plat (received by the city on August 7, 2002). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in two locations - primarily at the street intersections and at the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. 5 d. Pay the city for the cost of traffic -control, street identification and no parking signs. e. Provide all required and necessary easements, including any off-site easements. f. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. g: Cap and seal all wells on site that the owners are not using; remove septic systems or drainfields, subject to Minnesota rules and guidelines. h. Complete all the curb and gutter on Highwood Avenue on the north side of the site. This is to replace the existing driveways on Highwood Avenue and restore and sod the boulevards. L Install a sign where the new street intersects Highwood Avenue indicating that it is a private driveway. 2. Have the city engineer approve final construction and engineering plans. The applicant shall have these plans revised to follow the comments of the city engineer and shall include the grading, utility, drainage, erosion control, tree and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood -fiber blanket, be seeded with a no -maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. .(7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) As little grading as possible west of the proposed street. This is to keep as many of the existing trees west of the proposed street as is reasonably possible. c. The street and utility plans shall show: (1) The street shall be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The street with continuous concrete curb and gutter, except where the city engineer determines that curbing is not necessary. (3) The removal of the unused driveways and the completion of the curb and gutter, on the south side of Highwood Avenue and the restoration and sodding of the boulevards. (4) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (8) The cul-de-sac with a pavement radius of at least 42 feet. d. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer=s engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. e. A landscape and screening plan for the areas along the private street. This shall include the rainwater gardens and the area along the west side of the street. The screening for the area west of the street shall be at least 80 percent opaque and may include vegetation, berms and fencing. The coniferous trees shall be at least six feet tall and any deciduous trees shall be at least 2%2 inches in diameter. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Show the street as a private street or driveway (not as a public right-of-way). d. Label any common areas as outlots: 7 e. Label the private street as Farrell Street on all plans. 4. Pay for costs related to the engineering department=s review of the construction plans. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. 6. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the develoPer=s agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Highwood Avenue (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the private driveway. 8. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lot 1, Block 1 from going onto Highwood Avenue. c. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 9*. Submit the homeowners' association bylaws and rules to the director of community development. These are to assure that there will .be one responsible party for the. maintenance of the common areas, outlots, private utilities, driveways, retaining walls and structures. 10. Obtain a permit from the Ramsey -Washington Metro Watershed District for grading. 11. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. B.. Adopt the zoning map change resolution on page 37. This resolution changes the zoning map from F (Farm Residence) to R-1 (Single Dwelling Residential) for the proposed Highwood Farm plat on the south side of Highwood Avenue. The city is making this change because it will: 1. Be consistent with the spirit, purpose and intent of the zoning code. 2. Not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. Serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. Have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools: 5. Serve the site better as the owner plans to develop this property for lots for single- family houses. C. Take no action on the proposed revised site plan (date-stamped October 21, 2002) for the site. If .the developer wants to move forward with such a proposal, then the developer must prepare the .required plans and make the necessary applications to the city. 0 CITIZENS' COMMENTS I surveyed the owners of the 35 properties within 350 feet of this site and received seven written replies. The following are the comments we received: 1. We were told by our developer (Art and Roy) that nothing could be built back there. None of us appreciates the fact that there will be a street butting up to our backyard. It is like an alley in our backyard. I am a builder and can appreciate the need for space to build, but this is a poor plan. The view we bought will be greatly harmed. and the safety of our kids playing in the backyard. Our value has dropped considerably. I would demand dense planting or trees changing the road to go on the other side of the lots if this is approved. I realize they are trying to improve the sale of their houses by creating walkouts, but our view and the fact of a street butting up to our backyard is not good planning overall. Other things to consider: fencing, grow vegetation, speed bumps, rear load walkouts with street on the other side, build houses on the hill. (Gierke — 1024 Dennis Street) 2 It seems to me that those lots are very close to the highway — but I do realize I will not be living there. I do object to taking all of those mature trees down. I think they are somewhat of a noise barrier — so would they be building a noise barrier to replace them? The trees do beautify the area. I especially object to the trees being torn down if the lots sit empty for years after being developed. Across the street from us is an empty lot (between 1042 and 1060 Dennis Street) — this lot has been sold and empty for 10 years. It is not kept up in any way. To say it is an eyesore is an understatement. If there is even the slightest possibility that this could occur with even one of the proposed lots, scrap the whole plan. I have lived across the street from this eyesore for 9 years and I believe it affects the aesthetics of the whole neighborhood, not to mention the rodents and weeds it contributes to the area. Please do not tear down those old trees if there is a possibility that any of them sit empty or unkept for any length of time. We do not need to contribute to the eyesore of the neighborhood! (Fierst —1041 Dennis Street) 3. 1 oppose the development since I would not enjoy the wildlife anymore in my backyard! (Calubayan —1036 Dennis Street) 4. We are requesting that the soil be tested thoroughly as our soil appears to be shifting. Also, we want to know that the financing for this project is adequate. We are concerned about erosion control as well. (Simon —1060 Dennis Street) Also, see the letters on pages 26 through 36. 10 REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.71 acres Existing land use: A single dwelling and accessory buildings from the former property owner. SURROUNDING LAND USES North: New Century PUD across Highwood Avenue South: Interstate 494 West: Houses along Dennis Street and fronting on Highwood Avenue East: House at 2684 Highwood Avenue and cellular telephone tower PLANNING Existing Land Use Plan designation: R-1 (single dwellings) Existing Zoning: F (farm residence) Proposed Zoning: R-1 (single dwellings) APPLICATION DATE The city received the complete project plans for the original proposal on August 7, 2002. The city was to take action on the proposal by October 6, 2002, unless the developer agreed to a time extension. At the September 23, 2002 council meeting, the developer agreed to a time extension fo council action until October 28, 2002. kr/p:/secl3-28/Highwood farms plat.doc Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Area Map 4. Proposed Preliminary Plat 5. Proposed Grading Plan 6. Proposed Grading Plan (with Trees) 7. Proposed Utility Plan 8. Area Property Line Map 9. Staff Concept Plan Number 1 10. Staff Concept Plan Number 2 11. Staff Concept Plan Number 3 12. Chris Cavett's plan review dated 8-23-02 13. Survey response date-stamped 8-15-02 from Richard Koutek 14. 08-11-02 letter from Trinh Tranberg 15. Letter date-stamped August 23, 2002 from Ms. Merz 16. Zoning Map Change Resolution 17. Revised Site Plan date-stamped October 21, 2002 18. Project Plans (separate attachments - including 11x17s and full-size) 11 16 � a 1. HUNTINGTON CT. 2. OAKRIDGE LN. 7205 - 0 p O 17 1. CURRIE CT. 2. VALLEY VIEW CT. 3. LAKEWOOD CT. (C 4> 960S z x V .2 Ire 1200S — as 14405 19 20 LOCATION MAP 12 Attachment 1 MIR 1 NEW CENTURY PL 2 NEW cENTURY TER 3 NEW CENTURY LN , W � �z 0 p O 55 MIR 1 NEW CENTURY PL 2 NEW cENTURY TER 3 NEW CENTURY LN , W � �z cn Q V(q$) 1 E S T (46) zy .0 83) -(4B) (49) 3 100 ►Cl1•ZV 129. jl C A .� 70. J 1 00 'n- $ 9(g4) (52 t2 0 ° (8co) -(66) 90.0 3y) 90 Zg\ 13 p,V E qo. Jo uTHC REST 123.2.1 1068 I' a ' I t•A.95 I K I/ < 1036 o s, 0 10�2 ao 1050 1.060 0 Attachment 2 OUT LOT �� .�l . D C70) 9 CW 1' �.(0-r-0) _b ley •. X 99. q .75aa 650 (3) 07 V J \ sW s 3 7) 3 1 - �--- U Iry xr lip5" ,o 4.. , a p k3 b 4'(14) 3 2 o Z ' � �m 14� n Z 0 1 r45J o z.47a�. c`C; o �6B) f 4 O I I 6 140 60 Q AV E. 140 „:9 A1'3 C97 1 Tg I l3z i� Q I.4. 143. .1 ti 10 N: :.z8.u3 J �Oib c, w u to ► 66 Z.-: o m "Wrr 12 Z yi 'a - HIGHWOOD AVENUE Ito, j L GU - — z6 'G9 t b516.' m m irm I'4' - 60 14-0 1 135.61. 60 49. 63� Ioo a , (10) ryco i F" a C4) I 1 o Al .7 ii 966 ni °� 2660 - 140 (24) h V CO - 2�54 " '^ N, SITE 't; 2670 ; O 0 99.82 6 G z� 14O A 3 Z� `^ Isz.offi7 3. 1 as aa . JZ �6� 3 (39) 137.71 I c 978 a «, 1, 14.a � Z 9 1=r� a g2 D 1O` 3 m 155• - c4o). � 98.4 l `a� 4 �a/ m W `') 4 153.9 r I 2 .4(41) Cr �� 229. 16 �- ' . °f 994 -,AT E S m ��' 5 •g T. HIGH Q ; 14a I ' ,�, IpD o 1004 1 m 6►5� h m �j) E �b 226 (43) i Highwood Farm r yF .a S look- 4'-�,3`uf e� e. G'� �`i�sh r •-ter � "C `F,n.'y `-..�- X z Attachment 4 ��..� ����_����.�w .ems-7�'•____- M __..__- - _____..________..____-err, s -_ W' HIGHW_ OOD AVENUE _ _ a o 2692- 2684 692 2684 — — — -- -� N StAr tee`' /} M Y N W35'38' E _ fZ D I y CELL TOWER LEGAL DESCRIPTION Subject to Stoke Highway 100/117 and 393, The North 1100 feet of the West 173 feet of the West half of the Northeast Quarter of the Southeast Quarter, Section 13, Township 28, Range 22. Nq C -new N.e-Isa312 4 FV4.37 w.. I(Nw, , E N -AIS* 4 RIM 12 Aert wwdeb WgbM7 Nw-27.I& SI. FE^0 A r NO 7.4d ,Y 157,066 4 n./,y e7 b� eeeoen ark T" NM /NA -M N NE 0-&-k N 0w 7 E a.." -you" (o ary a1 W 0 -h-) PROPOSED PRELIMINARY PLAT PRELIMINARY PLAT: HIGHWOOD FARM 15 Attachment 5 A a n 9 E ��� v _� X _� a S •Ilkllt BIIA� i SIIF� iF- S S _r �n - q STHIGHWOOD AVENUE �r F f — — NWWOOD Ar _ �•� ... !1 ~ i I� • �� \I I I I RR ,, I IT 2692 966 2660 ....._ z f 2684 �-- — — — — - Jill op r � ' ' J 1 A� �J i� _ Via; O 1 I g CELL TOWER ,N \ ` w LEGEND C �{' I j •� - a, �` `�� j / DENOTES EXISTING UTILITY POLE r _ •~1 rr / I ` !{ I _ _ _ •T { / ; x( DENOTES EXISTING HYDRANT DENOTES PROPOSED HYDRANT DENOTES EXISTING SANITARY MANHOLE n 33 l t•.... irk i i j; 2 $ ...... � ;Ub/%! �/ •/ ` l9 DENOTES PROPOSED SANITARY MANHOLE N •�" l `BOJ/ � ! ! �/'I%f,A DENOTES EXISTING STORY SEWER MANHOLE ii� b - • ^•••_•••. ^, !!,P �i', / /• /ll!!i Y DENOTES PROPOSED STORY SEWER MANHOLE �; •• ter: ;!/� �� ,/;/ ! ,��� / CO DENOTES EXISTING WATER vALUE 04 DENOTES PROPOSED WATER VALUE a DENOTES EXISTING CATCH BASIN ■ DENOTES PROPOSED CATCH BASIN -_.._~. <. /l J�' '/ ^ DENOTES PROPOSED DRAINAGE FLOW t ••'••� �' - _ !��'� i -59- DENOTES EXISTING SANITARY SEWER f. m DENOTES EXISTING STORY SEWER S N�;A?'~• A`,y1'•,". ;.,�.'•_�r.•�•' /% %l',?' / r� -w- DENOTES EXISTING WATER MAIM fJ i` t IF It � $ �''� �..-_1' � DENOTESPROPOSEDRETAINING WALLS _y•�N --- -^- DENOTES EXISTING CONTOURS N ETi'SS'ST4` E `�-•AIM�� DENOTES PROPOSED CONTOURS DENOTES PROPOSED SILT FENCE �iPROPOSED��ECATCH WITH ROCK'NnLmnCN PROPOSED GRADING PLAN 81 Attachment 6 N I� su- # ¢ 9:7# # iE a _ - ----� �- sm -MIA- FIs' aTwu sEADI;+ _ s^� _ _ IN1d1WCO�D/(VF1Ni4�EAST�i ; --L HIGHWOOD AVENUE I _ -r- = T. v- - =---- _T F •�� r r p�, ��i 1 I o I a a 2692 i 9661 2660 2ss4 1 i gg I g' m, O I # .0 i m9•, - - CELL TOWER ...... (! LEGEND u ' j ' - _ - _ ..-� I' 1'•, j �' /,/! �y - DENOTES EXISTING UTILITY POLE j , .. ....�...� - •;) / / �V j o DENOTES EXISTING CATCH BASIN t - .4�/ 1 .� /� ■W40TES PROPOSED DRAINAGE FLOW r Y m _• / L''� �� — r6tiy//:/:•{ ' j/%�/% i �a ` —ss-- DENOTES EXISTING SANITARY SEWER - DENOTES EXISTING STORY SEWER ,� •,' ��• ' ,'/• --�— DENOTES ERSTNG WATER MAIN qqE 33"" .« -•-" .• • - \,• / � /: • / �1 DENOTES PROPOSED RETAINING WALLS f� g .. �,^�• ;\ ••�� _ y,! / j /rIJ{f ,�', .3' ._——_. DENOTES EXISTING CONTOURS DENOTES PROPOSED CONTOURS DENOTES PROPOSED SILT FENCE - rorzza �sa 0a+sSiwTY rs8aTwnAiTTRRWAAjZGARDEN cArcN g #'^ '�._ 173.01—.•'• DENOTES TREES 70 BE REMOVED op '� N 887538'•E 0 up N ► / - r Q DENOTES TREES TO BE SAVED ` A6A g / 1 DENOTES PROPOSED SEEDLESS ASN (Z -W BB) iii IF (13 COUNT) PROPOSED GRADING PLAN (WITH TREES) 17 1 Attachment 7 5y s 3# i < � �• ti NN 1 1 mm � uEy y }� _ — — — — — — a "16 _ '° ""%"� HIGHWOOD AVENUE C < — N WOOD AVENUE EAST �� T" T 9 Imo-, —fFT I Fipl 2692 / I 9662660 ; , . I _ • � •£LH_ L J 2684 L L -J J _ 7 -1 .I la 71 CELL TOWER ALL s:rJ J !8 2v) 0 Ir- _ i N EI e m .8 m I T $0/� 1� J TYPICAL. LOT LAY—OUT Cn I • vlurr rwsmI I� v u --- a �, BOE LOT U[ r M� � I 1 -'— NFM 11.lVAlp1 - _ J � L a0• LBOIDMO sa-Bux UK (VMO) ME LAT 1A[ — -� — i . I II II i d I It L ll D YT -BSO( UK (VAMM HO IOBNMAEM . NR.MTY usLMaHr (aIIHIM,BIrerLOI OII T -*F- Y) cINN.. MRI[) ILL.__J J L LEGEND DENOTES EXSTING UTILITY POLE . DEMOTES EwsNNG HYDRANT DENOTES PROPOSED HYDRANT S DENOTES E=Mmo SANITARY MANHOLE m DENOTES PROPOSED SANITARY MANHOLE DENOTES E)05TINC STORM SEWER MANHOLE DENOTES PROPOSED STORM SEWER MANHOLE 3 r Z' v I y9 DGO DENOTES EASDNG WATER VALUE � AN JY N DENOTES PROPOSED WATER VALUE { �• a`�,r' +O{/ O DENOTES E70STING CATCH BASIN ` _ ► A ■ DENOTES PROPOSED CATCH BASIN P �- OOL PHI OIE$ PROPOSED DRAINAGE FLOW -mss— DENOTES E=71"0 SANITARY SEWER L i L" I s ., , • : S DENOTES DMMG STORM SEWER I710I— —W-- DENOTES DOSTING WATER MAIN 2� N WOW j DENOTES PROPOSED SILT FENCE yy y?y / •O? MP g SINS WITH OTES ROCK BR LNiA`Z GARDEN CATCH PROPOSED UTILITY PLAN 18 Attachment 2., 710' 133' 755 50 / 134.60 60 � 634.58 776.68' 2 1 h 2 I , r4, r ° 1 �, 72 AC. 09) (54) a I • o o a .33 Ar- z 140' 40' 135.67' � av w (771 ^� 22 99.82' - 83 9 ai r A .4 C 140' -1 740' 37.71' R 2.4 ) .o- (--245 (33) I. aiJ 3 3 �55.ez' 0 4 r4o7 3 14W06) m ab) 3.71 AG 140' 229.18' 152.01' -------I rn ¢ 4 3.85Ac. 1 5 1> r24 a 5 I 740' 184.60' az) 187.63' m,5 (421 5 q1) 6 6 140' 4.56' c aa) a ------ — I. (9) 6 � (431 6 6 � 740' 252.5�1 4 a9) I 7 I I i o 139.44' ( I r (431 180' 350.84' ----1-----------------I 140.00' low 7 I 10 ao)It $ 8 8 I r44, r4a N 9 0 8 0 738.oa' I r Q (46) - O I 8 X4619• h� Gil) a --ft1r 76.67' Toa' 9 9 138.02' ; 4 AVE. >' 9 ---------------------------- �• 3' o� (32) a. e 0 3 - 7sesa' I 10 10 O r 2 (49) m 1 10 - 1 12937' w (33) I------------------------ I a 1 ---- 101 Z6. 1 Q 1 • �q% s a°+ 'fit? (34, f -------------------- 7 6 W b7,0' 1 f151 u+ 12 W 12 I 1 ° u� --- ----- ---- '•i`�, 6 6351 --------------.------- �? 90' S 57' •+� �' � (161 13 on 061 ------ 527.62'. dz-," 14 1 14282.73'579.73'A 1 a n)° i 15 1° 0) °0 32T. f 16 ( i_------ 537.84' 1.56 AC 1 17 A, ". i `�'��• � `• `� ` 139.35' '^ ` 1 1.s Ac. mi 17 N j AREA PROPERTY LINE MAP 1,5 Attachment -9a-. rQ 710'13y 155 50 / y 134 60 I "t .5 656.6' � 1631 IGO, j 40' 1 7 #F ' 2 � Pa 1 a 93) ° 1 a.72 AC - 0! !� n9, R„I [.; � o .33 Ar- 140'144r 40' 1 40' 735.61' a9, 3 zS 76' -765 q (0 2 ^ 2 9.82' - 839 R ) , — / m 1391 «' 2.44 AC. w 140' — — -j 140' 7 a5)' o (-245) 155.82' .0 3 3.i - ---- 161 14o3 foJ 3 •; �? � - 4 � a6r 3171 At `� ,% , 40` - yD 3 153.90' 0 22q.18' �__ ___ 152.01' 3.0 AC `. � 187-63' J i j. _._- ------------a 2 rnJ •� I 6 22'1-56 140' — �� 155 n7l rn6 r4x6 (cr r— —I 5252' 6 74d 2 q a9, 7 r + T I I 7 139.44' 1 o — — f44, l 350.84' —1— -------------� N31 180' 146 00' low 7 G7�) 210 8 s a 1 g c 8 a y 13e.o6• 8 2 NUJ r45) v�------------------------I 8 / I '4r,.t9. Q r31) a I 76.67 100' 138.02' 9 9 9 r I AVE.------------------------- 9 --- 140 021 a c— t { 10 10(u) IF: 1 2 ° r� a { R3) ae, N " 10 { --------- I 11951' 1931 a ( _ tp1 i6 low (Sm L — --------- ' 3� 5 / r 12 �e,J {R21 61)� \ { f' 1 ns, 13.152 1 ------------------------------ 5 1• �� n6, 90' A y 0' i 13/r--------- �o 137 N 1361 ( 527.6 f 2519' — 1• i Of � �. dry: •. n7, 14 ( �' 14 an ( zea73• — _ _ ( 9.73' 7 29T i 15 i t : m;: ab' ( 15 ��� / 32 16 1 t° {-•------r 537.84' n6) I 1.56 AG V 139.35' ^ 1 ( 495.9 ' 1v3byq `i 7.5 AC. 17 STAFF CONCEPT PLAN NUMBER 1 -20 Attachment 10 710' 133. 1 155 50 / °; 134.60 - I� 04.5a Ica - �. I... . 176.88• - __- 40' 2 7 14W; -- 1 3*1 1 # 2 f4 1 1 .72 AC n9) (s4) o o 138)C .pi 0! e 33 AC 1 1 140' 40' 135.61' 04, , _ R9 < �0 5' 76' 1 -165' n] iL 3 2. 9.82' - 83 9 d (51140' a f39/ 2as) / 1 2-44 AC `r 40' - I (:2457 (a, 3 3 155.82' 4 . (40) 3 061 371 AC z 918' Z� i52.0i' I rn 4 4 es�ns. 1 N t i 5 r411 Y`p R� m 140' 10.60' v :•, 187.63' q ----- ------ m, 5 2 .5 r 5 N n1) --- y— 6 6 I ttt 140' n4.56 { c 0x1 m of1'✓ /•,.-/•�'•. �? � 1550 / \ - 9 I - ------------ a, 6 r43, 6 140' 252- o RB) ` LD I 7 7 139 49' 1 O (44) (43) !2 ; (4n ; 2 2 T (84). AVE-- I � 9 (4w i 76.! ar AVE 003 13 136) 16 n6) I I I 14 350.a4'----'----------------� 194 N // (! — — — I� 15— (26) 16 n6) I I I STAFF CONCEPT PLAN NUMBER 2 21 350.a4'----'----------------� 7 N // (! (3W MAN, N-------------------------i Q8 9 9 i. 13x.02' 9 N---------------------.--_----.— - aw2i d1 - _ 138.s 1 10 10 04) 10qmM 1 ---_--------- A pi---"--•...------ - 04) 1---------------------- a 1 ( t, i '� ix z j 12 n5► 1 1 f351 1 --- �--- 13 1 N1' i 521.62' 2519' ^ry 07) jr / 142BL73 297' Z-; i/ 32 (ail5 .o� /-----^- 537.84' 1.56 AC 13935' '^ ' 1 .1 1.5AC. 17 ro f STAFF CONCEPT PLAN NUMBER 2 21 Attachment 11 tea. 110' 133' 155-50 A. 1-34-60 656.6' > 6 .b' � 776.88' — — 0' 2 7 (4)1 0 .72 At 11 I 1779) (s,► J 1 to E2 l�3,uC o' � a,) _ 735.6T 64 3 2 2 — 9.82' 83 9 1751 q m . eo ° 1739) 2 +// t/b� Zd4 AC. w ido' 740' 7. as) — \J (33) I r � teJ 3 3 3 ae) 377 AG �1 f 740• ------ 153.90 ' o 219.18 '• 152.0iI n ,9 -AC 4 1 5 �y� 5 o4 RI) a f27 140' 184.60' w� — �f i I 1 az 187.6.9' I '-----------'� _ f I 17a) 5 2 17 140' Tj4.96' $ Qel oa 6 / ` r 155.02' ----- .1 i \ l — ------ 252 52' o R91 1 I % 139.49' 1 l o (44) / / 350. ---'----------------J a3) 180— 7 idaar M " 8 174(1 g o 8 o y 13e.oa• $ (1n 8 2 7'+u r+5J -— — — — — — — — — — — — — — — — — — — ----I '4t19• at is, 76.67' 700• g 9 ; ♦� 13e.02' ----------- AVS. ----------------- g � I - P" g .r c $ 1 0 3 _ r I 10 10(1-41 2: M3) ro) 7'"J , " 10 {------------.. 72951' a { _ -%JOo' � { ,! .j7'cc Al 12 a;% 6 6 12 (3517'i---- --------------- � f �. 5 511 I (161 1 I 13---------- o .AVE- I 13 I /,, 13 251Y :{ f36J — — — — — — — .r { rib 14 `° �' ( �/ ?4 An { 2ez73• % — — — — — — — — — — — — — I -- — --- — 297' f — Y79.73' ' 32 m� zz 16 / 1.56 AC G 1^"j/ 139.35' I 7.5 AC. !9) ry -17 STAFF CONCEPT PLAN NUMBER 3 22 Attachment 12 Maplewood Engineering Plan Review - Chris Cavett Highwood Farm, Project 02-17 08/23/02 Review Summary: The preliminary plans as submitted have shown that the project is feasible. Though it is not felt. that the applicant need make revisions to the plans at this time, there are a number of issues that should be addressed with staff before final plan approvals or before permits can be issued. The site is narrow and on a slope from west to east. There is a considerable offsite area, (residential backyards along Dennis St.), that drains through the site that the applicant will have to deal with. There are a number of large trees through out the site, with the largest concentration on the east side. Below are comments that the applicant shall address on final engineering plans before the city will issue grading and utility permits. Grading and Erosion Control: Comments: This is a relatively difficult site to design for grades and drainage. The current grading plan is feasible and would be acceptable, but could possibly be revised to have a more positive benefit to the site. Upon closer review by staff, it would appear that measures could be taken to revise the grading plan in such a way as to greatly reduce the amount of grading, retaining walls and tree removal and provide a more natural site. Suggestions: Review these comments and discuss with Maplewood Engineering. 1. Consider fitting the street much closer to the existing terrain. High and low points in the street profile would be created that would require more storm sewer inlets. (Note, however that the current 900 -feet of cul-de-sac design is too far, too drain with out adding inlets anyway). The additional storm sewer would likely be outweighed by the reduction in grading and retaining walls, tree removal and providing lots that are more natural 2. Homes would have to be customized more to each site, but it would result in much more natural lots. 3. Lots would generally sit below the street, but from a drainage standpoint, a much greater area is currently draining to the east. Therefore, offsite runoff to the east may likely be less than under the existing condition. (The applicant's engineer would have to verify this assumption). The street would intercept the drainage from the west, which could be treated in a "first flush" rainwater garden located at the north east corner of lot 1. Individual rainwater gardens in the boulevard would not be necessary as they would not be very effective. 4. The biggest concern with customized lots is the drainage effects on each other. However; the creation of defined swales on the lot lines appears to be very feasible and would eliminate that concern. The lot line swales should be graded and protected with permanent erosion control blanket on the steeper slopes. The swales also should be protected from both sides with silt fence during home constructions. The rear, (east) lot line behind lots 1-3 23 should be graded to from swales to prevent runoff onto the lot to the east, rather directed to the north towards Highwood Avenue. 5. A heavy-duty silt fence ,shall be utilized on the east and north property lines. 6. Erosion control matting and blankets, as well as intermediate silt fencing shall be placed on all slopes 3:1 or greater to protect the seeded area and the slope from erosion. 7. The grading plan and landscape plan shall be revised to specify the exact seed mixtures to be utilized on the site. "No. Maintenance;; areas (including steep slopes) shall be seeded with a native -grass and forbes mixture. Seeding and mulching of the site shall be done in phases to secure the site and shall be completed with in 14 -days of the completion of the grading. 8. A building permit will be required for any retaining walls 4 -feet or higher. Where applicable, the developers engineer shall include all walls on the plan. In -.any case, a detail of the wall design shall be included with the application for a building permit: Street: Comments: Staff has struggled with the issue of whether this street should be private or public. Due to the liabilities of one-sided frontage and the considerable amount of retaining wall along the street, public works staff does not feel that that a public street at the proposed location is in the public's best interest. Therefore, staff does NOT recommend a public street along the proposed alignment. However, it makes little .sense that a development like this be served by a private street that will look, feel and act like any other street in the city that is public. Staff agrees with the applicant that a street on the east side of the development would result in a larger amount of significant tree removal. 1.. Submittal of final plans shall include a detailed plan and profile sheet for the street and storm sewer design. Drainaae/Storm Sewer: 1. Submit drainage calculations of pre- and post- development conditions. 2. Capacity of the system on Highwood Avenue shall be reviewed with other drainage areas taken into consideration. The accumulation of other flows and the added flows from the proposed site shall not exceed the capacity of that system under the 10 -year event. 3. Treatment of storm water shall be done with acceptable BMP methods. If the site is graded as described above, then only street drainage and drainage from the west would need to be addressed. The runoff may be able to be treated in a "first flush/low flow" rainwater garden located at the northeast corner of lot 1. A diversion structure would be required to control flows. Contact engineering department for a standard plate of the diversion structure. The rainwater garden raw volume shall accommodate the greater of: a. runoff created by the impervious surface only for a 1.25" rain event, or b. runoff created by the whole western drainage area for a %2" rain event. 24 Utilities: 1. Detailed final plan and profile designs of the sanitary sewer and water main will be required for the utilities, especially for those on Highwood Avenue. 2. Utility easements and temporary easements may be required along Highwood. Based on the depth of the utility, permanent easements shall be adequate width to provide 1:1 width utility and the edge of the easement. Verify where easements will be required. Landscaping/Rainwater Gardens: 1 Design and construct rainwater gardens into the landscaping in front of each building. Rainwater gardens can be situated to capture, store and infiltrate water directed from the front yard areas, drives and roof down spouts. Grade swales and provide spillways to direct this flow into the rainwater gardens. Over flows should be into the street on lots 1-5, but can be directed to the east on lots 6-10. 2. Rock Infiltration Sumps must be installed below the rainwater gardens to facilitate infiltration. Provide a detail in the plan. Rock infiltration sump should be a minimum of 4' Dia. X 3' tall 1 %2" clean clear rock wrapped in type 4 geotextile filter fabric, (felt). The top of the rock infiltration sump should be placed approximately 12 -inches below finished bottom of the rainwater garden. 3. Provide detail and a description on the plan how the rainwater garden area should be prepared: The garden area should be sub -cut to provide 12 -inches of bedding material The bedding material should consist of a mixture of 50% salvaged on-site topsoil and clean 50% organic compost. The subsoils in the rainwater garden should be scarified to a depth of 12 -inches (or deeper to reach virgin soil), before the bedding material is placed. The rainwater garden should be protected with silt fence after grading to prevent silting into the area, as well as compaction of the soil by construction equipment. The rainwater garden area should be topped before or after planting with "shredded" wood mulch. "Woodchips" are NOT acceptable mulching material. 4. Thought should be given regarding when the rainwater gardens are to be graded and constructed, as they are susceptible to additional silting and compaction if the surrounding are not restored and stable. Care should be given to the placement of private utilities so they do not interfere with the gardens. 5. A landscape plan for the rainwater gardens shall be required as part of final plan approval. With these, who will be responsible for planting the gardens and when? 25 Attachment 13 Together We Can RICHARD RAYMOND KOUTEK 1012 DENNIS STS 1 MAPLEWOOD MN 55119-3571 August 9, 2002 NEIGHBORHOOD SURVEY PROPOSED HIGHWOOD FARMS PRELIMINARY PLAT - 2466 HIGHWOOD AVENUE What is Being Requested? Mr. Charles Cox, representing CEC Development, is requesting that the city council approve a preliminary plat. Specifically, Mr. Cox wants to subdivide- the property at 2466 Highwood Avenue into 10 lots for single-family houses. As proposed, the plan shows a new cul-de-sac entering the property from Highwood Avenue with 10 lots for new houses on the east side of the new street. (Please see the enclosed maps.) .Why this Notice? The city staff wishes that you be informed about this proposal and seeks your input in any of the following ways: 1. You may mail your comments to me.. Please write any comments you have below or on the back of this letter. I have enclosed a stamped,. addressed return envelope for your use to mail in your comments. Please note'that any letters and, attachments that you send to the city are considered public information and the city staff may use them in staff reports that go to the planning commission and the city council. 2. Telephone me at (651) 770-4566. 3. Attend the city council meeting and give your comments. You will be notified of this meeting by mail once the city has scheduled this item. Whether you mail in or telephone any comments, please do so by August 19, 2002. Comments:.D Eyao ee ew '" S' -4© y Le) eE 126 00A161 0&_eb ft� Cr/ Q t� I hLrit � o,0 e �=h S n IVt 7c -k F3 A C k-- ALR O5. OF -W46: ff og ge"_5 C AJ pewly(l 5`1—" tr, / 1-L lac fii�1 C f !1`�°� �ft� /�CZcI � ��� d � � f,� c., �� �✓ ��� Pc� S c J �" � f2.c-�� KENNETH ROBERTS - ASSOCIATE PLANNER R E G E �" U Enclosures AUG 1.5 2002 clrMotify.let 26 --------------- OFFICE OF COMMUNITY DEVELOPMENT 651-770-4560 CITY OF MAPLEWOOD 1 830 EAST.COUNTY ROAD B MAPLEWOOD, MN 55109 7tfl,s 5S n (65 k I fZ by c P7 K - I Q 4fQ- eAC?- lc VO -D TO PC till ri J a a40 ss i` i ki.Lk 0, kti�C ('� �3o!14 �'� (V(S 77 ?R 0 ��7wt-u,-/'Tujo 9-M �`rs 27 Attachment 14 Trinh N. Tranberg 1018 Dennis St. South Maplewood, MN 55119 (612) 731-0835 August 11, 2002 Kenneth Roberts Office of Community Development City of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Proposed Highwood Farms Preliminary Plat 2466 Highwood Avenue Dear Mr. Roberts: I was shocked upon receiving the above notice. When I bought the lot to build my home on Dennis Street. I was told by Arthur Werthauser & Roy Bredahl, Roar Development, that the parcel of land behind our backyard is too narrow for any dwelling development. We purchased and built on this lot for that reason. At that time Art & Roy were working for City of Saint Paul Department of Public Works as Assistant City Engineer and Assistant to the Director. I assumed they know what they are promising. Putting the above aside, I strongly opposed to this new development for the following reasons: 1. Safety for kids playing in the backyard. Currently, there is no street, therefore, no . problem. 2. Safety in turning left or right on to Highwood Avenue. Recently, New Century Blvd. was installed 1/2 block East from Dennis Street. This new development is proposing another half a block turn east of New. Century Blvd. There is not enough distant between the turns. Merging on to Highwood on Winter (ice) ' or Summer (view is blocked by vegetation) days on a steep hill is difficult. But when they don't align with each others and 1/2 block apart. 3. We will loose our sound barriers. The distant, trees & shrubs have been our buffer from the noise that 494 freeway creates. Eventhough, there are shrubs & trees proposed in the plan, they will not be full grown and will take time to establish before they can be effectively served as sound buffer. 4. Lack of privacy. Both front & back yards will be public spaces 5. Loss of greenspace & animals' shelter. Currently, we see deer, birds and rabbits roaming in our backyard. 6. Home value will decrease 7. Aesthetic. It's commonly known that when a new development enter an existing neighborhood they tend to enhance not deface the neighborhood. Having street in front of my yard is a common practice. Having streets in front and back is an absurd plan. If this project is to proceed as a proposed Preliminary Plat I'm requesting that the City of Maplewood requires CEC Development to resubmit their drawings to show the new street moved to the east side of the 10 new houses. Due to a family emergency our family is unable to attend AE�l��vl�IU Zs AUG 14 2002 --------------- Thursday (8/15) meeting @ 'the Fire Station. We are planning to attend the City Council meeting and making the necessary contacts to insure that our issues are being resolved by the developer prior to City Council approval. Sincere, y, Trin N. Tranberg 29 Attachment 15 Together We Can AUG 2.3 2002 MARGUERITE 'K MERZ RECEIVED 2684 HIGHWOOD AVE E August 9, 2002 MAPLEWOOD MN 55119-5827 NEIGHBORHOOD SURVEY PROPOSED HIGHWOOD FARMS PRELIMINARY PLAT - 2466 HIGHWOOD AVENUE What is Being Requested? Mr. Charles Cox, representing CEC Development, is requesting that the city council approve a preliminary plat. Specifically, Mr. Cox wants to subdivide the property at. 2466 Highwood Avenue into 10 dots for single-family houses. As proposed, the plan shows a new cul-de-sac entering the property from Highwood Avenue with 10 lots for new houses on the east. side of the new street. (Please see the -enclosed maps.) Why this Notice? The city staff wishes that you be informed about this proposal and seeks'your input in 'any of the following ways: 1, You may mail your comments to me. Please write any comments you have below or on the back of this letter. I have enclosed a stamped, addressed return envelope for your use to mail in your comments. Please note" that any letters and.attachments that. you send. to the city. are considered public information and the city staff may use them in staff reports that go to the planning commission and the city council. 2. Telephone me at (651) 770-4566. 3. Attend the city council meeting and give your comments. You will be notified of this meeting by mail once'the city has scheduled this item. Whether you mail in or telephone any comments, please do so by August 19, 2002. Comments:..; l -) !'� ` W11 NJVv. • I e VL, Ark., Verw .e gp, Fl�e `bokdw k; eil,. GC�iYI, wl !� `E /a P J C.G l -- KENNETH ROBERTS — ASSOCIATE PLANNER P`© P, ck Enclosures tYi% kwldq� �Roue -�/�' c:ltrllnotify.let �� �^�, �(,{�� yL�© 1 � �� � P a OFFICE OF COM NITY DEVELOPMENT �i 651-770-- 4560 (� CITY OF MAPLEWOOD 1 830 EAST.COUNTY ROAD B Y MAPLEWOOD, MN 551 9` 30 cZ6G�Ka�e�✓hnCr,C G�'G lvfA IAA 1 I t Ls LQk"ale 32 f®rior"p-1. � i ����� e�i� iti%7 �( � 34 35 Q Attachment 16 ZONING MAP CHANGE RESOLUTION WHEREAS, Maplewood city staff is proposing to change the Maplewood zoning map from Farm Residence (F) to Single -Family Residential (R-1). WHEREAS, this change applies to the property located at 2666 Highwood Avenue in Section 13, Township 29, Range 22, in Maplewood, Minnesota. WHEREAS, the property owner is proposing to plat the property into ten lots for single dwellings. WHEREAS, the proposed development is known as Highwood Farm and the new legal description will be: Lots 1 through 10, Block 1, Highwood Farm. WHEREAS, the history of this change is as follows: 1. On September 4, 2002, the planning commission recommended that the city council approve the zoning map change. 2. On September 23, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on this request. 3. On October 28, 2002, the city council again considered this request. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The owner has plans to develop this property for lots for single-family houses. The Maplewood City Council adopted this resolution on , 2002. 37 Attachment 17 SITE PLAN 38 t e TO: FROM: SLTBJECT: DATE: AGENDA MEMORANDUM Richard Fursman Melinda Coleman MU Reconsideration of Phosphorus Ordinance October 23, 2002 INTRODUCTION Action by Council Date Endorsed Modified Rejected At the October 14, 2002 City Council/Manager workshop, the council heard a presentation from George Dege. He requested that the council reconsider the sale restriction component of the newly adopted fertilizer ordinance. Mr. Dege indicated that the new ordinance creates a hard ship for his business and others because they will- not be allowed to sell fertilizers with phosphorus to customers who live outside of Maplewood. He was also concerned about the effective date of the ordinance. The new ordinance indicates that starting August 1, 2003 the sale of fertilizers containing phosphorus will no longer be allowed. Mr. Dege indicated that this date is problematic because fall is prime time for fertilizer application and also stated that the August date is not enough time to sell existing stock. Mr. Dege also raised the 'issue of interstate commerce law.. He maintains that our ordinance could be a violation of federal commerce law. City Council directed our legal staff to review this issue and report back at the October 28, 2002 meeting. FINDINGS Attached for your review is a memorandum from Patrick Kelly that indicates that the city is permitted to restrict the sale of phosphorus fertilizer. His memo indicates that cities can proceed with sale restrictions as long as the ordinance was adopted prior to the August 1, 2002 deadline established by State legislation. RECOMMENDATION City Council should direct staff if there are any revisions requested to the ordinance. If not, the existing ordinance will stand. P: Reconsider.phos.ord Attachments: 1. Letter from Patrick Kelly 2. Fertilizer Ordinance Oct-22-0204:10pm From -KELLY AND FAWCETT 6612238019 T-812 P.02/03 F-166 Kel & .A. ATTORNEYS AT LAW 2350 US BANCORP PIPER )AFFRAY PLAZA 444 CEDAR STREET SAINT PAUL. MN 55101 rr►1'1tICKi KGLLY ' ut'Cc�sc� Cn l.l-ACNER LAW r'llcna SLING 0 FAW(V-1 C' 1AP 0 I.EmmuNti (+v3 i) ??a-378 I ROBEK I' a FOWLER fac �mdetd�l) 3334019 SARAH J. �iuSALLA - DAVID L. PALM ' E -Mall: a4min@kr11y4n4favcvc.cQm October 22, 2002 Ms. Melinda Coleman, Assistant 'City Manager City of Maplewood 1830 Fast County Road B Maplewood, Minnesota 55109 VIA F--MML & U.S. MAIL 1. RE: Phosphorus Fertilizer Ordinance Research. Dear Ms. Coleman: Pursuant to your request and the request of the City Council, this letter serves as an opinion regarding the City of Maplewood's Phosphorus Ordinance and whether its provision which bans retail sales within the City of fertilizer containing phosphorus violates the United Mates Constitution's Commerce Clause. A city is permitted by Minnesota Statute to restrict the sale of phosphorus fertilizer within its jurisdiction as long as its ordin=ce pertaining to this restriction was adopted prior to August 1, ?002. Minn. Stat. § 18C.110 (2002). It is our understanding that prior to August 1, 2002, the City of Maplewood adopted an ordinance banning; the sale of phosphorus fertilizers within the City. Other cities within Minnesota, including Shoreview and Milctneapolis have also adopted similar ordinances banning the sale of the fertilizer within Their jurisdictions. For example, the City of Minneapolis's ordinance states . that "no, person, firm, corporation, fr4nchise, or commercial establishment shall sell at retail any lawn fertilizer, liquid or granular, within the City of Minneapolis that contains any amount of phosphorus or other compound containing phosphorus, such as phosphates." A question has been raised on whether the ban on sales of fertili2er conmining phosphorus by the City violates the Commerce Clause of the United States Constitution. The Commerce Clause of the United State Constitution provides that "the Congress shall have Power. ..To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."" U.S. Const. Art. L§8,6.3. In addition, the "dormant" component of the Commerce Clause imposes limits Qts state power. If the challenged statute or local ordinance discriminates against interstate transactions ..either on its facer or in practical effect," it burdens interstate commerce directly and is subject to strict scrutiny. A statute enacted for a discriminatory purpose is likewise subject to strict scrutiny. Linder strict scrutiny, a state statute or local ordinance violates the Commerce Clause unless the state . Oct -22-02 04:1Opm From -KELLY AND FAWCETT 8512238018 T-812 P.08/03 F-156 Ms. Melinda Coleman October 22, 2002 page 2 of 2 or local authority can show that the statute serves a legitimate local purpose unrelated to economic protectionism and that the purpose Gould not be served as well by nondiscriminatory means. The City's Ordinance satisfies strict scrutiny because it benefits the public by protecting the environment, Protecting the environment has been held by the Eighth Circuit to be a legitimate public benefit. Cotto ax Co. v. Williams, 46 F.3d 790, 794 (8" Cir. 1995). According to the legislative history, it has been shown that in Minnesota that fertilizer containing phosphorus is contributing mthe growth of algae in area watersheds. This problem is caused by individuals over- ferrilizing their yards with phosphorus and the phosphorus spilling into the storm system and eventually into water bodies, Pursuant to State Statute, the City has also adopted an ordinance preventing individuals from applying fertilizer containing phosphorus to turf (subject to some exceptions) within the City. If the fertilizer containinhoilphorus continues to be sold within the City, individuals may still continue to purchase it ;;�(ra;;ly it despite the Ordinance because it is readily available within tie City. Therefore, the City's ban on the sale of phosphorus fertilizer contributes to the prevention of individuals applying it within the City. in this case, the City's Ordinance is also not discriminatory. The Ordinance itself is indifferent to sales occurring; out-of-state and It does not favor instate busitiesses or disfavor cut -of -state businesses. Regardless of the fertilizer's point of origin or pont of destination, the Ordinance forbidsits We in the. City if it contains phosphorus. Based on the above, the City's Ordinance does not violate the Commerce Clause, due to its parpose in protecting the environment arid; because it doss not favor or disfavor in-state or out-of-state businesses. However, there is always a risk of a challenge, especially since there are currently no reported cases in Mimesota on this type of Ordinance. In the event of a challenge, the court would review the City's Ordinance using the above analysis. We did contact the Minnesota Attormey General's Office, but it would not give a legal opinion on this issue. The City may want to motivate the ,Anormey General's Office by requesting a formal opinion. please contact me or Sarah Sonsalla if you have any questions on the above. Thank you. Respectfully yours, KELLY & FAWC'ETT, P.A. Patrick J. K y U cc: Richard Fursntan, City Manager 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. 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 terns 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: SALE OF FERTILIZER CONTAINING PHOSPHORUS. Effective August 1, 2003, no person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the City of Maplewood that contains any amount of phosphorus. 17-7-5: 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. 17-7-6: 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. 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 wetland buffer zones as outlined in City 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 turf's 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. 17-7-7: 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. 1.7-7-8: 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. 17-7-9: 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. 17-7-10: 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. 17-7-11: 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: SALE OF FERTILIZER CONTAINING PHOSPHORUS. Effective August 1, 2003, no person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the City of Maplewood that contains any amount of phosphorus. 9-203: 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 wetland buffer zones as outlined in City 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 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. 9-204: 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. 9-205: 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. 9-206: 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. The sale restriction shall go into effect August 1, 2003. ADOPTED this a' a— day of �S �� , 2002, by the City Council of the City of Maplewood, Minnesota. CITY OF MAPLEWOOD BY: Robert Cardinal, Mayor - ATTEST: Karen Guifoile, City Clerk Agenda Report kmNmber 4 ........._.......... To: Mayor and City Council From: Richard Fursman Date: October 28, 2002 Re: Ward System Ar D(". _ _ ,�.__- . Endorsed Modified Rejected 7.2 The Maplewood City Council, directed that an article be written and directed to the residents of Maplewood requesting input on the possibility of going to a ward system. About 20 residents responded from around the City with about a 50/50 split in opinions. Half the residents think the idea would give them better representation, while the other half does not want their freedom of choice taken from them. The Council is requested to give further direction for this matter. 0 AGENDA NO. Action by Council AGENDA REPORT Date Endorsed Modified TO: City Manager Rejected..., 7/ FROM: Finance Director RE: Schedule Meeting on Proposed 2003 Budget DATE: October 16, 2002 On September 3 the City Council had a special meeting to review the proposed 2003 Budget. The first public hearing on the budget is at 7:00 p.m. on Monday, December and the adoption hearing is at 7:00 p.m. on Monday, December 9. If the City Council wants another special meeting to review the proposed 2003 Budget, it is suggested that it be scheduled for November. Ramsey County is scheduled to mail the "Truth In Taxation" notices of proposed 2003 taxes by November 19. As an alternative to a special meeting, the proposed 2003 Budget could be scheduled for discussion at the Council -Manager meeting on November 25. RT I NAN C E\Word\AG N2003budgetm eeting.doc Agenda # MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 21, 2002 RE: Personal Service License - Individual Tntradiietinn Action by Council Da*v. Enc' OEA1`;�, Rejected Lisa Ann Bowman-Koenke is requesting an individual personal service license to be used at Salon Nostalgia located at 1690 North McKnight Road. Background Ms. Bowman-Koenke graduated from the Minnesota School of Health Sciences Massage Therapy and has completed the requirements of training in theory, method and techniques of massage to be licensed by the City of Maplewood. In accordance with Maplewood ordinances, an extensive background investigation has been conducted on the applicant. Nothing has been found that would prohibit issuing a personal service license to Ms. Bowman-Koenke. Recommendation It is recommended that the above named applicant be approved for an individual personal service license. MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 21, 2002 RE: Off -Sale Liquor License Introduction Agenda # 1�5 Action by Council Date Endorsed Modified Rejected John Paul Heinz has submitted an application for an off -sale liquor license for Sid's Discount Liquor located at 2515 White Bear Avenue. Background As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Heinz. The following checks were completed: State and Federal criminal history check, State motor vehicle and driver's license file, State and Federal Wants and Warrants, and any law enforcement contact with: Ramsey County including Maplewood, St. Paul Police Department, Oakdale Police Department and the Mendota Heights Police Department. Acting Chief Thomalla has also met with the applicant to discuss measures to prevent the sale of alcohol to underage persons, general security and retail crime related issues. There was nothing found that would prohibit him from holding a liquor license in the City. Mr. Heinz 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. Recommendation It is recommended that the City Council approve the off -sale liquor license. MEMORANDUM TO-DateCity Manager . .�. FROM: Ken Roberts, Associate Plannerdsel SUBJECT: Code Variation and Final Plat PROJECT: Gladstone Park rt LOCATION: Burke Circle, east of Burke Circle DATE: October 21, 2002 INTRODUCTION Chuck Ahl, the city engineer, is requesting that the city council make two approvals for the Gladstone Park Addition. These include a code variation to have a 50-f6ot-wide street right-of- way (instead pf the 60 usually required by code) and the final plat. Mr. Ahl represents the city, which is currently the property owner and developer of the subdivision. This plat would create seven lots for houses and is on Burke Circle, east of English Street and south of County Road B. (See the maps on pages three - five.) BACKGROUND On May 13, 2002, the city council approved the following for the Gladstone Park Addition: 1. A change to the comprehensive plan. This change was from P (park) to R-1 (single dwellings) for the site. 2. The vacation of an unused street right-of-way and an unused alley. 3. A preliminary plat for the seven lots, subject to eight conditions. (See the preliminary plat on page 'six and the council minutes starting on page seven.) On October 14, 2002, the city council approved the sale of six of the lots in this development to Dale Perrault of Perrault Construction for $496,100. DISCUSSION Code Variation Reduced Street Right -of -Way Width The proposed final plat shows the proposed street with a 50 -foot -wide right-of-way. Section 29- 53 of the Maplewood City Code requires local residential streets to have 60 feet of right-of-way. The city engineer has proposed a 50 -foot -wide right-of-way with the final plat. This narrower street right-of-way will allow for larger lots that will accommodate bigger building pads for larger homes that meet city setback requirements. Such homes should be. commensurate with the price Mr. Perrault paid for the lots. Finally, the additional right-of-way is not necessary for public health, safety, welfare or convenience and the narrower right-of-way will not affect the street. Plat The- city's contractor is progressing with this plat, including having completed the street and utility construction. He has finished all the conditions the council required for final plat approval. RECOMMENDATIONS A. Approve a city code variation for a 50 -foot -wide street right-of-way (instead of 60 feet) in the Gladstone Park Addition. The city should approve this code variation because the additional right-of-way is not necessary for public health, safety, welfare or convenience. B. Approve the Gladstone Park final plat. This approval is subject to the county recording the deed restrictions and covenants required by the city. p:secl 5/Gladstone Park final plat.doc Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Proposed Final Plat 4. Approved Preliminary Plat 5. 5-13-02 Council Minutes 6. Proposed Final Plat (Separate Attachment) 2 AFT'A('HMFKII -1 Park Uj ZZI I --Jl COUNTY ROAD 1 c c� o HILL T00 z PALM o �'� Gr � N a CT. Trailer t^' Z pALM Gly. w Cruz a 3 Cr m, z ED CONNOR C0� CON w w 017- w � CT. pEMflNt. AVE., AVE. w DEM(ONT w AVE. m x >- BROOK AVE. 22) o E. BRGOKS lv UO-Cj, FnLftPla+wrur SEXTANT Q� SEXTANT AVE. ;S o GERVAIS AVE. l� s~n GRANDYIEW AVE. pp0 p�, La ce 36 V1KtNG �R.� SHERRENrr�1 Cap CT, COPE AVE. KnuLc Head Lake < AVE. LARKARK �i ___. La AVE w `,� r / U AVE. o a o \Lake 1205 0CO. RD. 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TD �V I " C.SI -IZ.49 (35 r r i ., ,- ) 6 .a (Z,) ` , f ((31) �� (33) (34) ��) d� (3�i d (37) 3 (3B) 3 lo9ae. / 1 If �J 12 13 2I 1.4 IS 1b d Il QI 18 19 y 20 a �b ore 0) e, / 0 _ (19 �2� ?9) �( 5 P. -2 11� - t i 40 81.19 78 79 S' 17• 1_ Z ' D' SKI o+s r r.,>•r,t� _ ,._we ons au SI 1 _ I (' 9 3 Q N 155.1s (39) 2 `3° so 3e n 15 1 .4 w ro0 ,^� I 22 M ( 1$ •i9)0 AI 1% .t -z• d ,1e 7(75) , K/\\� 9� -., Q l 1� ! .K stay j �•: PROPERTY LINE I ZONING MAP 4 ATTACHMENT 3 GLADSTONE PARK DRAFTthe N 1/4 car. Seca 15, T. 29 N., R. 22 W., Ramsey County- I 1 Cast Iron Monument \\ Ramsey County Coordinates I N: 178702.294 I \ I \ 1 E: 589978.845 I \ �-_..-S 89'46'08"E 2651.88-- � f� -I. • rl the N. line of NW 1/4 `sem POND *o » I I the S 1/2 of the Vacated Alley by City In ' �M r Council Resolution dated M I recorded as Document No. I .A, 4S 89' 6'18"E 437.66 I \i\,19y _ - - 1 /. 3 100_00 - 110.01 - - _ -162.65 33 3 _ IC 227.65 i-- (a3 I o • I I F? ` _:� •^ /I / I �UtilitY casend men1 i r Ca CO Ci o� = T I \6°r53 ,26 �2� I /ca so 39'10' / I �5} LS 89.46_20'E s soots L Q* C K 1 ». " i. B U R ICE�� C 1C L 47.59 C,4 Nq, z w I Q3 4934'43" .j.: to oo S 89'4620-E t 68.02 / .4, �o o - I I. rn N N ».::fi=40.00-� /O ^N `v ...•1: I li 1* 98.49 �� Cq • :M•: '(pVFN89'46 20"W I \ R_55•p0 41 � \ \ \ L _ - N _ - - _ _ _ Vacated Avenue by City Council N F•• Resolution dated - Zo.. Osrecorded as Document No. ;MI. 10 I ^ ,� v ,n in CM Z� 0 pt I and % --_IL N lJtlllty tasemen \— I v N \ L—On 00 o I Fn \- -Drainage and Utility Easement 66.651 100.00 110.00 176.66 o ia19y 33 i I 33 - T I - 946'39 46'39 . w 386.6 "• I L- the N 1/2 of the Vacated Alleyy by City I I NICouncil Resolution dated June 3 1972 \ I I I recorded as Document No. 567599 I I I i 5 �. » » a 0 50 I ` - - - - � o OCT 1 6 2002 o� RECEIVED N o o z° 1 I '5.2 c I • Junction Ave (Vacated Document Na. 567598] rq rn o _inl v ` N PROPOSED FINAL PLAT 5 ATTACHMENT the NW car. Sec. 15; - the N 1/4 car. Sec. 15, T. 29 N., R. 22 W., Ramsey County—, I I I T. 29.N.. R. 22 X. Ramsey County - Cost Iron Monument Cast Ir n Monumen��jj I Ramsey County Coordinates: - Ram.4 County Cadrdinates: I N: 178712.990 1 N: 178702.294 /1 I E. 587326.982 I I I I E. 580978.845 I --5 89'46'08'E 2651.88-- -�/ .- •..... _ ....... .. _ . _ the N. line of NW 1/4 -� T . T. I I • W :: 1 a 'Go :: • ^. \ - POND I a .. 2156 .... •~ ,� I -100 YEAR m rl I ! -- 6 89' '1TE 437.66- FLOOD ELEV. I --- - - - - --- �---. 33 f. 33 liv . ,ey - -- - I I — I R 35A 2-1Drainage and_J 1 I 1 ` 45'14'13" / R 560.00'2.38' �3 Utililty Easemen� o� ..::'� R 35.00 I_7' L x.00` O 5000 4,.Z�� mas I 1 0- 010.935' 3. 1 4'= 61 27'27_ :- ,Z� "'III.` /H So.:: I PROPOSED LOT AREAS I L — — LOT 1 - 12.500.61 SO. FT 1 >- — IBL. CCK 1 o LOT 2 = 10,148.29 SO. FT R = 60 00-�Q Lor 3 = 1s,7asso so. FT ( ''~ a ___-� = st.62'I 4 u (,) Q 7= Burke Avenue o> 49134'$3' a LOT 4 = 26,138.07 so. FT x: ° - - i s .Y a: rr.� LOT 5 22.189.07 S0. FT I :':`•.tF :'i i '::�: +� 1 LOT 6 = 11,808.66 S0. FT •' !• \ I Ail, — LOT 7 = 14,340.14 S0. FT ••y .':_' R 3 5,00' \ \ \ Iwi tii= IL= 1.56' A= '/ 1 —1 /97 u I 1 R �233'28 35.001 I I R= 60 00' 1 1 I R= 60.00' M 1 i L 27.04 L= 63.85' L 54AT 1 = 44'76'071' = 60 8'13'{ 11 = 51'37'53' S Drainag L _ _ _ �Utility EBe �' c•^ I.: -L _ I W1 0 �,l '�ainage and Utility asemenC _l � 1 I •. ••. _- 3 W 33 - - -- - - --1.t_ �....9.46'39 w 386.6 I co 2110;: ��/� V o .. ..... ... .. .._ .: I y _o I V c I ( I I I I I c a W I Jun ion Avenue vacated 3-3-72 Document No. 567598 c DRAINAGE AND UTILITY EASEMENTS I 3 J m I r ARE SHOWN THUS. o i:I- ,n a E oz 10 10 rn W c ' W m Preliminary Plot of GLADSTONE PARK the W 1/4 car. Sec. 15, I# 1 T. 29 N.• R. 22 X. Ramsey County 10 5 10 Cast Iron Monument Prepared for: City of Maplewood 5 Ramsey Count Coordinates: — — — _ 073.703 J L- E: 587342.486 = .SEN 3535 Vadnais Center Ori" BEING 5 FEET IN WIDTH, UNLESS OTHERNISE INDICATED.SL Poul, MN 55110 AND ADJOINING THE LOT LINES AND 10 FEET IN N1DTi 57/0RI EWOR HENO18f7(SON INC Telephone Number : 651-490-2000 AND ADJOINING THE STREET LINE AND BACK LOT LINES. I hereby certify that this survey, plan, or report FILE NO. AS. SHOWN ON THE PLAT. was prepared by me or under my direct supervision MAP1E0205.00 and that I am a duly lieansed Land Surveyor under the lace al' the State of Minnesota I Oats 02-22-2002 Lia No. 239" APPROVED PRELIMINARY PLAT ATTACHMENT 5 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 13, 2002 Council Chambers, Municipal Building Meeting No. 02-09 1. 7:00 P.M. (7:26) Gladstone Park Addition A. Land Use Plan Amendment -P (Park) to R-1 (Single Dwellings) B. Vacations C. Preliminary Plat a. Mayor Cardinal convened the meeting for a public hearing. b. Assistant Community Development Director Ekstrand presented the specifics of the report. C. Parks and Recreation Director Anderson provided further specifics of the report. d. Commissioner Ledvina presented the Planning Commission Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Peter Fischer, Parks and Recreation Board, 2443 Standridge, Maplewood Bill Priebe, 1366 Eldridge Ave. E., Maplewood f. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following resolution approving the changes in land use and vacation of properties for the proposed Gladstone Park Addition plat: RESOLUTION 02-05-078 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Bruce Anderson, representing the Maplewood Parks and Recreation Department, proposed a change to the city's land use plan from P (park) to R-1 (single dwellings). WHEREAS, this change applies to: Lots 12-21, Block 20 and Lots 1-10, Block 21, all in Sabin Addition, together with adjacent vacated alleys and streets, in Section 15, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1-7 of the proposed Gladstone Park Addition) WHEREAS, the history of this change is as follows: 1. On April 15, 2002, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this change. 2. On May 13, 2002, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change because it would: 7 .1. Be consistent with the goals and objectives of the comprehensive plan. 2. Eliminate the planned park that would have been between two residential areas. 3. Be consistent with the proposed zoning. and land uses. 4. Provide for orderly development of land uses. 5. Help minimize conflicts between land uses. 6. Provide additional moderately priced. housing stock. 7. Allow for the construction of an in -fill residential housing development in the city. RESOLUTION 02-05-079 VACATION RESOLUTION WHEREAS, the City of Maplewood applied for the vacation of the following: 1. The Burke Avenue right-of-way, between the east right-of-way line of English_ Street and the west line of the former Northern Pacific railroad right-of-way (the Ramsey County Trail) as platted as part of Blocks 20 and 21, Sabin Addition in Section 15, Township 29, Range 22 West, Ramsey County, Minnesota. 2. The alley in Block 20 of the Sabin Addition between of the east right-of-way of English Street and the west line of the former Northern Pacific railroad right-of-way (the Ramsey County Trail) in Section 15, Township 29, Range 22 West, Ramsey County, Minnesota. WHEREAS, the history of this vacation is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 13, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting properties: 1. For the Burke Avenue right-of-way, Lots 12 through 21, Block 20 and Lots 1 through 10, Block 21, Sabin Addition. (PINS 15-29-22-22-0041 and 15-29-22-22-0042) 2. For the alley, Lots 7 through 11, Block 20, Sabin Addition (PIN 15-29-22-22-0040) and Lots 12 through 21, Block 20, Sabin Addition. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacations for the following reasons: 1. It is in the public interest. 2. The existing street right-of-way does not fit the location of the proposed street layout. 3. The city will be dedicating a new right-of-way and new easements with the proposed plat. 1. The city council shall order the public improvement project for the Gladstone Park development. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall show the lot design and layout consistent with the preliminary plat. 8 3. Paying for costs related to the engineering department's review of the construction plans. 4. Change the plat to show the street as Burke Circle. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. 6. Obtain a permit from the Ramsey -Washington Metro Watershed District .for grading. 7. Record the following with the final plat: a. A covenant or deed restriction with the final plat that prohibits the driveways on Lots 1 and 7, Block 1 from going onto English Street. b.An 18 -foot -wide easement for the trail across the southern parts of Lots 5, 6 and 7. The applicant shall submit the language for these covenants or restrictions to the city for approval before recording. 8. If the developer decides to final plat a part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Juenemann Ayes -All TO: FROM: SUBJECT: DATE: AGENDA, ITEM 11�p MEMORANDUM Action by Council Date Richard Fursman Endorsed Melinda Coleman Modified Purchase Agreement for 1701 Aldolphus Street and Lot kpltone Park Addition October 21, 2002 INTRODUCTIONBACKGROUND In 2001, Maplewood purchased three single-family homes on the northwest corner of Larpenteur Avenue and Adolphus Street with funds from the city's Housing Replacement Program. The homes had been flooded after the pond located to the north of the properties overflowed during the rainstorm in April 2001. On September 12, 2002, Maplewood approved the purchased of the adjacent property to the west, 189 Larpenteur Avenue. The city plans to combine this property (and the Adolphus property) with the three previously purchased lots in order to create a parcel for the redevelopment of townhomes. PROJECT DESCRIPTION Dahlen and Dyer, Inc. completed an appraisal for the property on June 25, 2002. The owner of 1701 Adolphus Street, Robert Kliewer, has agreed to sell his home for the appraised value of $161,000. In addition, Mr. Kliewer is entitled to a re -location benefit of $18,700. This amount was based on a study completed by Evergreen Land Services in July of this year. In addition to the purchase agreement for 1701 Adolphus Street, Mr. Kliewer is seeking approval to purchase Lot 7 of the Gladstone Park Addition. It is staff's recommendation that the city sell the. lot to Mr. Kliewer for $50,000. This is part of the negotiated settlement that staff has proposed to Mr. Kliewer. In turn Mr. Kliewer has agreed to submit building plans for staff approval. Our concern is that the new house be architecturally compatible with the homes that will be built on the remaining lots in the Gladstone plat. Based on the plans submitted by Mr. Kliewer, we believe this objective will be met. Staff is proposing that we- close on both properties on October 29, 2002. We have included a house lease agreement which will allow the Kliewers to continue living in their home until the new house in the Gladstone Addition is completed. Both the purchase agreement and the house lease agreement are attached for your review. Staff will have to make some changes to the paragraph on page 1 which refers to purchase price. Currently the language does not accurately reflect how the new lot will be the corrections as appropriate for your review. The intent and final prices will not change- we just need to identify the financing plan. RECOMMENDATION Approve the purchase agreement for 1701 Adolphus Street and Lot 7 of the Gladstone Park Addition and authorize staff to execute the necessary documents to finalize the closing to acquire and sell these properties. R ado 1phus. agreementIliewer Attachments: 1. Location Map 2. Purchase Agreement 3. House Lease Agreement Larpenteur Avenue Location Map PURCHASE AGREEMENT THIS AGREEMENT is made on this day of 2002, by THE CITY OF MAPLEWOOD, a municipal corporation ("Buyer") and ROBERT M. KLIEWER and WENDY I KLIEWER, husband and wife ("Seller"). A. Seller is the owner of property. B. Seller desires to sell the property to Buyer and Buyer desires to buy the property on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receiving adequacy of which are hereby acknowledged, Seller and Buyer agree as follows: 1. Sale and Purchase. Subject to the terms and conditions herein set forth, Seller hereby sells to Buyer and Buyer hereby purchases that real property located in the City of Maplewood, County of Ramsey, State of Minnesota, as more particularly described in Exhibit A attached hereto, together with the right, title and interest of Seller in and to any overlaps or gaps between the respective parcels of real property described in Exhibit A; any overlaps with or gaps between (i) the parcels of real property described in Exhibit A and (ii) the parcels of real property adjacent thereto; any easements appurtenant thereto, and all improvements located thereon (or on such easements), including but not limited to all land lying in the bed of any street, road or avenue, open or proposed, in front of or adjoining such subject parcel to the center lines thereof and in and to any unpaid award for taking by condemnation or any damage to the land by reason of any taking in respect of any such street, road or avenue and any unpaid award for any condemnation or any damage to the land by reason of a change in the grade of any such street, road or avenue (all of the foregoing being hereinafter referred to as the "Premises"). On the date of closing the Premises sold to Buyer hereunder shall be conveyed to Buyer free and clear of all liabilities, liens, encroachments, encumbrances, assessments, easements, obligations, charges and options of any kind whatsoever, unless otherwise consented to by Buyer. 2. Purchase Price. Subject to the performance by Seller on all of its obligations hereunder and satisfaction or waiver by Buyer of all contingencies set forth in subsequent paragraphs hereof, Buyer shall pay Seller the sum of one hundred seventy-nine thousand seven hundred dollars ($179,700.00), less fifty thousand dollars ($50,000.00) for Seller's purchase of a vacant city lot from Buyer (see attached Vacant Land Addendum). The amount Buyer must pay for the property located at 1701 Adolphus Street North is one hundred twenty nine thousand seven hundred dollars ($129,700), which includes the agreed upon relocation costs, and is payable as follows: A. One dollar ($1.00) on or before October 29, 2002, the date of closing. Said earnest money shall be held in escrow by Buyer. Said earnest money shall be Agreement to Buyer within 5 days after the date for above -written and as otherwise set forth herein. Unless refunded to the Buyers as provided, the escrow money shall be delivered to the Seller at closing. All accrued interest on the earnest money and any additional earnest money paid pursuant to agreements hereof shall be for the benefit of the party entitled to the earnest money and any such additional earnest money, whether or not the closing occurs hereunder. 3. Closing Date. The closing ("Closing") of this purchase and sale shall take place at the offices of the Buyer at 9:00 a.m. on October 29, 2002, unless extended pursuant to agreement of the parties. Possession of the subject parcel shall be delivered to the Buyer on the date of closing. Seller shall pay all closing costs., 4. Documents to be Delivered. (a) To the extent not heretofore delivered to Buyer, within ten (10) days after the date hereof, Seller shall.deliver to Buyer copies of all soil tests and reports, engineering studies and reports, environmental tests and reports, surveys, plats, topographical information, utility service information, correspondence with utility companies, highway departments, transportation officials and town, county or state governmental entities, contracts and agreements affecting the Premises, to the extent such documents are in its possession or .control; (b) If Buyer shall have performed all of its obligations hereunder to the date of closing, the Seller shall, on the date of closing, execute, where necessary, and deliver to Buyer the following: (i)Warranty Deeds from Seller to Buyer free and clear of all liabilities, liens, leases, encroachments, encumbrances, assessments, obligations, charges and options of any kind whatsoever; (ii)Uniform Seller's Affidavits from Seller indicating that on the date of closing there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Seller and that there has been no skill, labor or material furnished to the subject property for which mechanic's liens could be filed; there are no other unrecorded interests in the premise of any kind, including but not limited to any leasehold interests in the Premises; (iii)All other documents to be executed by Seller affecting title to and/or possession of the Premises and necessary or convenient to transfer the same to Buyer under Minnesota law or practice, free and clear of all liens, charges and encumbrances; (iv)Seller shall pay the state deed tax and conservation taxes payable upon recording the above deeds. Seller is responsible for all outstanding and payment in full of assessments levied and pending. Buyer is responsible for recording fees on any documents, other than deeds required by Buyer to be recorded;. (v)Execute and deliver to Buyer and Buyer's title insurer, if any, an appropriate Minnesota Uniform Conveyance Form Affidavit (Form 116-M, 117-M or 188 -MO evidencing the absence of bankruptcies, judgments, or tax liens involving parties with the same or similar names as the Seller and evidencing the absence of mechanic's lien rights affecting the Property, unrecorded interests affecting the Property, persons in possession of the Property and known encroachments or boundary line questions affecting the Property; (vi)Execute and deliver to Buyer a non -foreign affidavit in recordable form containing such information as is required under. IRC Section 1445(b)(2) and any regulations relating thereto; and. (vii)Execute and deliver to the closing agent, with a copy to Buyer, a completed Minnesota Department of Health Well Disclosure Certificate or include on the deed "The Seller certifies that the Seller does not know of any wells on the described real property" or the statement "I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate;" followed by Seller's signature. (viii)Seller shall furnish an update abstract, at the Seller's expense, to the Title Company. 5. Title Examination. Immediately after the execution hereof by Buyer, Buyer shall order a commitment for an ALTA owner's policy of title insurance with extended coverage (Form B-1970) from a title company selected by Buyer in an amount of the purchase price, committing to insure that Buyer will have good and marketable title to the Premises on the date of closing free and clear of any liens and exceptions to title except for permitted encumbrances and without any exceptions for liens of labor or materials, rights of parties in possession, easements or claims of easements now shown by public records, and taxes and special assessments which are not shown as existing liens by pubic records. Buyer may require title company to include such affirmative coverage, including access, contiguity, subdivision compliance and zoning endorsements, as Buyer may, in its sole discretion, require, and Seller agrees to cooperate with Buyer in obtaining such writings as may reasonably and customarily be required by title company as a condition to its issuing such endorsements. Buyer shall be responsible for any premiums or charges by title for the insurance of a title policy and all endorsements. Title to the Premises shall be subject to Buyer's approval and all sections to the status of title shall be delivered to Seller in writing within sixty (60) days after receipt of the commitment. Seller shall correct all such objections within one hundred twenty (120) days after receipt thereof, to Buyer's satisfaction, it being understood that marketable fee title (subject to the permitted encumbrances) and not insurable title to the Premises is to be conveyed by Seller to Buyer. If title to the Premises is not marketable and is not made so by Seller within one hundred twenty (120) days from receipt of Buyer's objections thereto, Buyer may void this Purchase Agreement. Notwithstanding the foregoing to the contrary, Seller further agrees to use all reasonable efforts and to expend sums as may be reasonably necessary to make said title marketable in the event a defect other than the permitted encumbrances is disclosed. Pending correction of title the date of closing hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the Buyer and Seller shall perform this Purchase Agreement according to its terms. In addition, Buyer's obligations shall be contingent upon receipt at closing of an endorsement to the commitment or a marked copy of the commitment signed by the closing officer of the Title Company (a) changing the effective date thereof to the date of closing, (b) affirmatively insuring against changes in the status of the title from the effective date to the date of recording the deed, (c) deleting all standard exceptions to the policy, (d) affirmatively insuring the matters requested by Buyer as contemplated above, and (e) reflecting Buyer as the fee owner of the Premises and without any other change. 6. Taxes. Real estate taxes due and payable in connection with the Premises for all prior years shall be paid by Seller.. Real estate taxes, excluding penalties and plus interest, if any, due and payable in the year in ' which closing date (the "year of Closing") shall be apportioned between Buyer and Seller as of the date of closing. All unpaid special assessments (including .but not limited to the amount payable with taxes payable in the year of closing, and similar governmental charges for the installation or maintenance of roads, utilities and other public improvements against the Premises) for all public improvements which have been levied as of the date of closing will be paid by Seller on the date of closing, or if the exact amount thereof shall not be known on the date of closing, an amount mutually estimated by Buyer and Seller to pay the same shall be deposited into escrow on the date of closing. Any amount in such escrow which is in excess of the such assessments when determined and paid shall be delivered to Seller within five (5) days following such determination and payment and Seller's demand therefore. Listed below are the special assessments that are still outstanding on the property, including but not limited to the following: It is the Buyer and Seller's understanding that there are no deferred or pending assessments, or notice of future pending assessments. 7. Well Disclosure: Seller herely discloses that Seller does not know of any wells on the real property at issue. or Seller certifies that the following wells are located on the property at issue: MN Unique Well Year of Well IN USE NOT IN SEALED Well No. Depth Const. Type USE Well 1 Well 2 Well 3 The well was sealed on by , and a Sealed Well Report was/was not filing with the Minnesota Department of Health. The attached map shows the location of each well on the real property. According to Minnesota law, a seller who fails to disclose the existence of a well at the time of sale and know of or had reason to know of the existence of a well is liable to the buyer for costs relating to the sealing of the well and reasonable attorney fees for collection of costs from the seller, if the action is commenced within six years after the date the buyer closed the purchase of the real property where the well is located. 8. Representations and Warranties b S� eller. Seller represents and warrants to Buyer that: (a) Seller has all requisite power and authority to execute this Purchase Agreement and the closing documents previously listed hereof, and the officers of the Seller who did or will execute the same for an on behalf of the Seller have the power and the authority to do so and to bind the Seller. (b) To the best of the knowledge of the Seller, after due investigation, the conveyance of the Premises pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the Premises or to the Seller. (c) Seller has not used the Premises and, to the best of Seller's knowledge the Premises have never been used for the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations, including but not limited to nuclear fuel or wastes or wastes that are considered hazardous by law and regulations, and to the best of (d) Seller's knowledge and belief, no such substances, pollutants, wastes or contaminants exist on the Premises. To the best of Seller's knowledge and belief, there are no underground storage tanks on or under the Premises. Seller has and will have, on the date of closing, good and marketable title be in fee simple to the Premises free and clear of all liabilities, liens, leases, encumbrances, assessments, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which Buyer, at its option, may consent to in writing, and except for permitted encumbrances. (e) To the best of the knowledge of the Seller after due investigation, there exists no judgment, lien, suit, action or legal, administrative, arbitration or other proceeding, or any change in the zoning or building ordinances affecting the Premises pending or, to the best of Seller's knowledge and belief, threatened against Seller which could result in a judgment or lien against Seller or could result in a re -zoning or taking of the Premises; there exists no other basis for any assertion against Seller which would interfere with or prevent the transactions contemplated hereby. (f) Permission to enter the Premises: Seller agrees to allow Buyer or its agents to enter the Premises for the sole purpose of performing asbestos testing. Buyer shall provide at least twenty-four (24) hours notice to seller before entering the Premises. Seller hereby agrees that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to . the performance by Buyer of its obligations hereunder. The representations contained herein shall survive closing hereunder. The other representations shall survive only to the extent that the matter represented is to constitute a lien or charge against the Premises. Upon the material breach of any thereof, Buyer may declare this Purchase Agreement to be null and void, or Buyer may elect to close this sale without waiving any right of action by reason of such breach. In the event Buyer elects to declare this Agreement null and void pursuant to this paragraph, all earnest money, additional earnest money paid and accrued interest thereon shall be refunded to Buyer. 9. Representations and Warranties by Buyer. Buyer represents and warrants to Seller that: (a) Buyer has all requisite power and authority to execute and perform this Purchase Agreement, and the officers of Buyer who did or will execute the same for and on behalf of Buyer have the power and authority to do so and to bind Buyer. (b) Buyer will execute reasonably and exercise due diligence in the performance of the acts permitted or required under this Purchase Agreement. 10. Eminent Domain. If, prior to closing, the Premises or any part thereof shall be taken by eminent domain or if proceedings therefore are commenced or threatened, this purchase Agreement shall become .null and void, at Buyer's option. If Buyer elects to proceed and to consummate the purchase despite such condemnation, there shall be no reduction in or abatement of the purchase price, and Seller shall assign to the Buyer the Seller's right, title and interest in and to all condemnation awards resulting or to result from such condemnation. 11. Termination. If Seller shall fail to perform its obligations hereunder or shall otherwise breach this Purchase Agreement, or if any representation or warranty of Seller set forth in this Agreement hereof shall not be true and accurate as of the date stated and as of the date of closing, Buyer shall have the option to do one or more of the following (a) terminate this Purchase Agreement by written notice to Seller, (b) proceed to closing, (c) in the case of Seller's failure to cure objections to title, as required in this Agreement, proceed to closing and deduct the reasonable cost of Buyer's curing such objections from the purchase price; or (d) -pursue such other actions or remedies as are available to it including its right to damages against Seller for their failure to perform or for such breach or misrepresentation or the right to specific performance of this purchase Agreement. Upon the receipt of written notice terminating this Purchase Agreement, the escrow agent shall refund to Buyer the earnest money, and the accrued interest thereon. Upon refund of the earnest money, this Purchase Agreement shall automatically terminate and be of no further force and effect and all liability of the parties hereto to each other .shall be discharged. If Buyer shall default in the performance of any of its obligations hereunder, then Seller's sole remedy shall be to terminate this Purchase Agreement and retain the earnest money and additional earnest money, if any, as and for its liquidated damages for said default and not as a penalty or forfeiture, but Buyer shall be entitled to receive the accrued interest thereon. 12. Miscellaneous. (a) Notices. Any notice or other communication which must or may be given under the terms of this Purchase Agreement must be in writing, and shall be given by personal service or dispatched by certified mail, return receipt requested, postage prepaid, to the addresses shown below, or such other address of which notice is provided in accordance with the terms of this Paragraph 11: (i) If to Buyer: Mr. Richard Fursman City Manager City of Maplewood 1830 East County Road B Maplewood, MN 55109 (ii) If to Seller: Robert M. Kliewer Wendy J. Kliewer 1701 Adolphus Street North Maplewood, MN 55109 Properly addressed written notice delivered personally, by messenger or courier service, with fees prepaid, by telecopy or by telex shall be deemed given on the date of receipt by addressee. (iv) Properly addressed written notice delivered by certified mail, return receipt requested; with postage prepaid, shall be deemed given on the date which falls seven business days after its deposit in the. United States mail. (b) Interpretation. This Purchase Agreement constitutes the entire understanding between the parties. It may be amended or modified only in a writing signed by Seller and Buyer. This Purchase Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. (c) Assignments. Except for the, assignment by Buyer to an affiliated partnership or corporation, the parties agree that Buyer may not assign its rights and interests in this Purchase Agreement without the prior written consent from Seller, which consent shall not be unreasonably withheld, but which consent shall be conditioned upon Seller's receipt of financial information evidencing the proposed assignee's ability to complete. the purchase contemplated hereby. (d) Time. Time shall be of the essence hereof. (e) Public Announcement. Seller agrees that it will not make a public announcement of this transaction contemplated, hereby or the terms hereof prior to closing without the prior written consent of the Buyer. 13. Contingencies. Buyers obligation under this Agreement shall be conditioned, for the sole benefit of the Buyer, upon the following: (a) Contingent upon review an approval by the City Attorney; (b) Contingent upon review an approval by the City Council; J (c) Contingent upon a survey that is that is satisfactory to the Buyer; and (d) Buyer must pay seller relocation benefits at closing pursuant to Minnesota law in the amount of eighteen thousand seven hundred dollars ($18,700). If these contingencies are not satisfied, then this Agreement may be declared null and void by Buyer. IN WITNESS WHEREOF, the parties hereto have executed this Purchase. Agreement. Seller: Buyer: CITY OF MAPLEWOOD By By Robert M. Kliewer By Wendy J. Kliewer Melinda Coleman Its Director of Planning and Community Development/Assistant City Manager LEGAL DESCRIPTION Section 18 Township 29 Range 22, East 150 feet of the South 290 feet except the South 190.04 feet thereof of the Southwest 1/4 of the Southeast 1/4 Date Page _ of Pages Addendum to Purchase Agreement between parties dated , 2002 pertaining to the purchase and sale of the property at 1701 Adolphus Street North, City of Maplewood, Ramsey County, Minnesota. SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies listed below. If the following contingencies cannot be satisfied or waived, in writing, by Buyer by , 2002, this Purchase Agreement shall become null and void and all earnest money shall be refunded to the Buyer. Buyer and Seller agree to sign a cancellation of the Purchase. Agreement if this event were to occur. (Select appropriate options a -h) (a) Buyer/Seller shall provide a certificate of survey of the property at Buyer's/Seller's expense, not later than , 2002. X (b) Robert M and Wendy J. Kliewer ("Kliewers")obtaining approval of City of proposed building plans and specifications at Kliewer's expense for the property located at Block 1, Lot 7 of Gladstone Park Addition, City of Maplewood, Ramsey County, Minnesota. X (c) Kliewers obtaining approval of City of proposed subdivision development plans at Kliewer's expense. (d) Buyer obtaining approval of City for rezoning or use permits at Buyer's expense. (e) Buyer obtaining at Buyer's expense percolation tests which are acceptable to Buyer. (f) Buyer obtaining at Buyer's expense soil tests which indicate that the property may be improved without extraordinary building methods or cost. (g) Buyer obtaining approval of building plans and/or specifications in accordance with any recorded subdivision convenants and approval of the architectural control committee. X (h) This agreement is contingent upon the completion and recording of the plat. (i) OTHER: The City's expenses, if any, for these contingencies shall not exceed $ The City grants permission of access to the property for testing and surveying purposes. PLEASE NOTE: Kliewers may incur additional charges improving the property including but not limited to: Hook-up and/or access charges, municipal charges, costs for sewer access, stubbing access, water access, park dedication, road access, utility connection and connecting fees, curb cuts and tree planting charges. SPECIAL WARRANTIES: The City warrants that the property described in this Purchase Agreement consists of Acres/Square Feet and is currently zoned The City warrants that the property is not in the designated 100 year flood plain area. The City_warrants that the property does/does not currently receive preferential tax treatment (i.e. Green Acres, etc.). OTHER: Date Robert M. Kliewer (Buyer) Date Wendy J. Kliewer (Buyer) Date HOUSE LEASE THIS HOUSE LEASE, entered into this day of 2002, by and between: City of Maplewood, a Minnesota municipal corporation (hereinafter referred to as "Landlord") and Robert M. and Wendy J. Kliewer (hereinafter referred to as "Tenant"). In consideration of the mutual agreements and covenants set forth below, the Landlord hereby leases to Tenant. and Tenant hereby leases from Landlord for private dwelling purposes, the premises located at. 1701 Adolphus Street North, situated in the City of Maplewood, County of Ramsey, State of Minnesota, and legally described as follows: t Section 18 Township 29 Range 22, East 150 feet of the South 290 feet except the South 190.04 feet thereof of the Southwest 1/4 of the Southeast 1/4 together with the fixtures and accessories belonging thereto, for a month-to-month lease beginning 2002. 1. DEPOSIT. The deposit amount is zero dollars ($0.00). 2. RENT. Tenant shall on the 1st day of each month pay to Landlord in advance, as rent, the sum of $700.00 at the following address: Ms. Melinda Coleman City of Maplewood 1830 East County Road B Maplewood, MN 55109 Said rent payment includes the use of the dwelling and garage. 3. TENANTS. The Tenant warrants that the following named persons shall be the only persons living in the leased premises: 1) Robert M. Kliewer 2) Wendy J Kliewer 3) 4) 5) 4. CONDITION OF LEASED PREMISES. The Tenant, by signing this lease, acknowledges that the leased premises described herein has been inspected by Tenant and meets withTenant's approval and that Tenant is satisfied with the present physical condition of the leased premises. The Tenant agrees to take good care of said leased premises and fixtures, and keep them in a clean and sanitary condition and comply with all laws, health and ordinance requirements with respect to said premises. Tenant agrees not to use utilities or equipment for any improper or unauthorized purposes; not to place fixtures, signs or fences in or about the premises without the prior written permission of the- Landlord. If such permission is obtained, Tenant may, upon termination of the lease, remove any fixtures, signs or fences. 5. SUBLETTING. The Tenant above-named shall personally use and occupy the leased premises solely as a private dwelling forTenant and any other persons specifically named in #3, above, and shall not sublet or rent the premises, or any part thereof, or serve or permit the subject premises or any part thereof to be used by any additional occupants and shall not transfer or assign this lease. Tenant agrees that the number of occupants is not to exceed the number shown on this lease. Failure to comply with these limitations after ten (10) days notice by Landlord shall constitute a. breach of this lease and shall constitute grounds for the Landlord, at its option, to declare the term of said lease forthwith terminated and Tenant shall thereafter surrender the premises to the Landlord. 6. ACCESS BY LANDLORDS TO REPAIR OR INSPECT. The Landlord shall retain duplicate keys to the leased premises and shall have access to the same in an emergency, or in the absence of an emergency, upon one (1) days notice in order to inspect the same or to make necessary repairs or alterations either in the leased premises or upon the grounds surrounding the same. The Landlord shall have the right, during the last thirty (30) days of the lease, or any subsequent extension of the lease; and during the last ten (10) days of said term shall have free access to the leased premises, should it deem this action necessary. 7. PERSONAL PROPERTY RISK. All personal property placed in the leased premises shall be at the sole risk of the Tenant or the parties owning the same, and the Landlord shall in no event be liable for the loss, destruction, theft or damage to such property unless caused by, or resulting from, negligence or theft of the Landlord, its agents, servants or employees, . in the operation, care or maintenance of the leased premises or any portion thereof. 8. ALTERATIONS, ADDITIONS, FIXTURES, APPLIANCES. The Tenant shall make no additions, alterations or improvements, install or maintain in the leased premises major appliances or devises of any kind without, in each case, the written consent of the Landlord. All alterations, additions, and fixtures may be removed by Tenant at the end of the lease if Tenant so elects. 9. FIRE AND CASUALTY. If the leased premises becomes untenantable by reason of fire, explosion or other casualty, the Landlord may, at its option, terminate this lease upon fifteen (15) days written notice to Tenant or repair the leased premises within twenty (20) days after the date of fire or casualty. If Landlord does not repair the leased premises, within this time, or if the leased premises are wholly destroyed, the term, hereby created shall cease. If Landlord elects to repair the I eased .premises, the rent shall be abated and pro rated from the date of the fire, explosion or other casualty to the date of re -occupancy provided that during repairs Tenant has vacated the leased premises and removed Tenant's possessions if required by Landlord. The date of re -occupancy shall be the day following the date of notice to Tenant that the leased premises are ready for occupancy. 10. SURRENDER OF PREMISES. At the end of the term, or sooner termination as provided herein, Tenant shall return the keys and quit and surrender the leased premises in as good order and condition as they were at the beginning of the term, reasonable wear and use excepted. If the leased premises are not so surrendered, Tenant will make good to Landlord all damages which Landlord shall suffer by reason thereof, and will indemnify the Landlord against all claims made by any succeeding Tenant against Landlord founded upon delay by the Landlord in .delivering possession of the leased premises to such succeeding Tenant, so far as such delay is occasioned by failure of Tenant to surrender the leased premises. 11. ACTION OF OWNER UPON DEFAULT - RIGHT OF RE-ENTRY. Should the Tenant, at any time during the continuance of their occupancy of the leased premises, fail to pay any one of the monthly installments of rent reserved as aforesaid when and as the same shall respectively become due and payable, although no demand may have been made for the same, or should the Tenant violate any of the other agreements, terms or conditions of this lease, or any rules and regulations herein, or hereafter adopted by the Landlord for the leased premises, the Landlord shall have the right and option to terminate the tenancy and, upon ten (10) days notice, specify the default to Tenant, re-enter and take possession of the premises, or proceed by legal process in the Courts having jurisdiction in the premises and without any previous demand for possession or notice. The said Tenant hereby expressly waiving all right to claim thirty (30) days or other notice to quit or remove from said premises. 12. EXPIRATION OF TERM - HOLDOVER - LIQUIDATED DAMAGES. At the termination of this lease by lapse of time or otherwise, Tenant shall yield up immediate possession to Landlord and deliver all keys to Landlord or Landlord's agents at the place where rent is payable. If Tenant fails to do so, Tenant shall be deemed a "Holdover" and for each day Tenant continues to occupy the leased premises, Tenant shall pay as liquidated damages a sum equal to the monthly rent provided for in this lease divided by four (4). The acceptance of liquidated damages pursuant to this section shall not be a waiver by the Landlord of the right of re-entry. 13. ABANDONMENT. If the Tenant shall abandon the leased premises or quit and vacate the leased premises, voluntarily or involuntarily, the same may be re-entered by the Landlord without notice, let for such rent and upon such terms as the Landlord in its discretion may deem reasonable and advantageous, and in that event, Tenant shall be, and remain, liable for any deficiencies in rent, any expenses incident to such re -letting, as well as any damages which the Landlord may have sustained by virtue of the Tenant's use and occupancy of the home. 14. TERMINATION OF TENANCY BY LANDLORD (before expiration of term). The Landlord may terminate the tenancy for serious or repeated violation of the terms and conditions of the Lease, violation of federal, state or local law which imposes obligations on a tenant in connection with the occupancy or use of the dwelling unit and surrounding premises, or for other good cause. The following are some examples of "other good cause" for termination of the tenancy by the Landlord: a. A tenant history of disturbance of neighbors or destruction of property, or of living or housekeeping habits resulting in damage to the unit or property; b. Criminal activity by tenant to tenant or tenant family members involving crimes of physical violence to persons or property, or possession of contraband. This list ' of examples is intended as a non-exclusive statement of some of the situations included in "other cause" but shall in noway be construed as a limitation on the application of "other good cause" to situations not included in the list. 15. TERMINATION OF TENANCY BY TENANT. Tenant may terminate this Lease by giving Landlord actual written notice of such termination at least 30 (thirty) days prior to Tenant actually vacating the property and providing such notice at the Landlord's address as listed on this Lease. 16. REMEDIES OF OWNER UPON TERMINATION - ATTORNEYS FEES DAMAGES - DEFICIENCIES - ETC. In the event that the terms of this lease shall terminate pursuant to any provision of this lease, other than by expiration: a. Tenant shall pay to Landlord the rent then due, together with all expenses of the Landlord, including such legal fees and disbursements as may be allowed by a Court of competent jurisdiction, incurred in connection with any summary proceeding or other action or proceedings and the removal of the property and effects of Tenant or other occupants from the leased premises; b. Tenant shall be liable for all expenses incurred by Landlord in repairing and redecorating the leased premises for re -rental. C. Landlord may re -let the leased premises or any part, or parts thereof, either in the name of Landlord, or otherwise, for the term or terms which may, at Landlord's option, be more or less than the period which would otherwise have constituted the balance of the term of this lease and may grant concessions or free rent and Tenant shall remain liable for payment of the full rent for the balance of the term. d. Tenant shall also pay to the Landlord as damages, for the failure to observe and perform Tenant's covenants herein contained, any deficiencies between the rent hereby reserved, or agreed to be paid, for the remainder of the term hereby originally leased from the date of such termination, re-entry or repossession, and the net amount of rents collected on account of a lease or leases for the leased premises for each month of such period after the deduction of concessions, free rent, brokers' commissions and expenses of Landlord for repairing, redecorating and otherwise preparing the leased premises for occupancy by any other tenant. The Landlord, at its option, may make such alterations and/or decorations in the leased premises as it considers advisable and necessary for the purpose of re -letting the same and the making of such alterations and/or decorations shall not release the Tenant from any liability thereunder. e. The Landlord shall, in no event, be liable for the Tenant, in any manner whatsoever, for failure to re -let the leased premises, or in the event that the leased premises are re -let, for failure to collect .the rent due under such re -letting and any such failure to collect the rent due under such re- letting shall not release or affect Tenant's liability for damages. f. The Landlord's rights and remedies under this lease are cumulative. The use of one or more thereof shall not exclude or waive any other right or remedy. 17. WAIVER OF ONE BREACH - NOT A GENERAL WAIVER - NO ELECTION OF REMEDIES. No waiver of any breach of the covenants, provisions or conditions contained in this lease shall be construed as a waiver of the covenant itself or of any subsequent breach thereof; and if any breach shall occur and afterwards be compromised, settled or adjusted, this Pease shall continue in full force and effect as if no breach had occurred. 18. QUIET ENJOYMENT. In return for the Tenant's continued fulfillment of the terms and conditions of this lease, the Landlord covenants that the Tenant may, at, all times, while this lease remains in effect, have and enjoy for his sole use and benefit the leased premises leased by the Tenant. 19. BINDING ON HEIRS. This lease and all covenants, conditions, terms and provision hereof, are binding upon and shall enure to the benefit of the successors and assigns of the Landlord and the heirs, executors, administrators, and to the extent herein permitted, to the assigns of the Tenant. 20. UTILITIES. The rent stated herein excludes the utilities of heat, electric, water, sanitary sewer service, and normal and reasonable trash removal. All utilities and trash removal shall be the responsibility of the Tenant. 21. SERVICE OF PROCESS All notices and process of service shall be served upon R. Charles Ahl as agent for service for the Landlord. The address of service is as follows: R. Charles Ahl, City of Maplewood, 1830 E. County Road B, Maplewood, MN 55109 22. CONTRABAND. If contraband or a controlled substance manufactured, distributed, or acquired in violation of Minnesota law is seized in the house or on the property on which the house is located incident to a lawful search or arrest, and if Tenant has no defense under Minnesota Statutes 4609.5317, Tenant shall have no further right to possession of the house and Landlord may bring an eviction action against Tenant. IN TESTIMONY WHEREOF, the parties hereto have set their hands and seals, all as of the day and year first above -written. CITY OF MAPLEWOOD, a Minnesota municipal corporation By: Melinda Coleman Its Director of Planning and Community Development/Assistant City Manager Landlord By: Robert M. Kliewer Tenant By: Wendy J. Kliewer Tenant Agenda MEMORANDUM Action by Council Date ..� TO: Richard Fursman, City Manager End3l se -d FROM: Shann Finwall, Associate Planner Modified -__ SUBJECT: Moratorium on Development in the Hillcrest Village Redevelopment Are ejected DATE: October 21, 2002 J BACKGROUND On November 13, 2001, the city council adopted the Hillcrest Village Moratorium Ordinance. This ordinance established a one-year moratorium on development within the Hillcrest Village Redevelopment Area. The purpose of the moratorium was.to allow for the completion of a smart growth initiative study conducted by the Metropolitan Council for the Hillcrest shopping center and contiguous commercial properties in Maplewood and St. Paul. The moratorium was also in place to allow the City of Maplewood time to implement land use and design standards for development within the city's portion of Hillcrest Village Redevelopment Area (see map on page 2) that reflect the smart growth concept plan. On September 23, 2002, the city council formally supported the Metropolitan Council's proposed Hillcrest Village concept plan (see enclosed plan on page 3). The city council also directed staff to continue drafting land use and design standards for the area. DISCUSSION Staff has begun working on land use and design standards for the Hillcrest Village Redevelopment Area. Within the next few months, staff will work closely with the planning commission and the community design review board to create a draft of those standards for the city council's review. Staff will also work closely with the City of St. Paul to ensure consistency in land use and design standards within both cities' portion of the smart growth concept plan. On November 1, 2002, city staff will hold a strategic planning session for the Hillcrest Village Redevelopment Area. During this planning session, staff will create a proposed timeline and plan for the implementation of the Hillcrest Village land use, design standards, and redevelopment. Staff will supply a copy of this timeline to the city council after this date. The development moratorium ends on November 13, 2002. In order to allow the city time to complete land use and design standards for the Hillcrest Village Redevelopment Area, staff recommends a one-year extension of the moratorium. The extended moratorium will prohibit any subdivision or building permit for a new building within the Hillcrest Village Redevelopment Area for an additional year, expiring on October 28, 2003, or before this date by city council action. RECOMMENDATION Adopt the attached Hillcrest Village Moratorium Ordinance on pages 4 through 6. This ordinance establishes a one-year (October 28, 2003) moratorium on development within the Hillcrest Village Redevelopment Area. P:ordlhillcrest village Attachments: 1 Hillcrest Village Redevelopment Area Map 2. Hillcrest Village Redevelopment Concept Plan 3. Moratorium Ordinance Larpenteur Avenue Hillcrest Village N Redevelopment Area 2 CONCEPT REDEVELOPMENT PLAN 0 100' 200' 300' March 15, 2002 W M Z l Attachment 2 W Commercial/Office Building > O I - Mixed -Use Building Residential Building Q I l Future Commercial Building O I Indicates Number of Stories Q J `� w BLOC Ela & Elb 49,400 3F Commercial W-----� I , 36;400 F Office M } i i 28 Apa ent Units o 351 Of Street Surface Spi cc n , .Z 1 Q 1 1 W > BLOCK Wl 1 .. . ,. 12,900 SF Commercial 1 _ _ _ _.1 16 Townhome Units i i r . , ir � �� � ) i BLOCKS Eta & EZb 42 Off -Street Surface Spaces 13,700 SF Commercial 10] Apartment Units 57 Off -Street Surface Spaces LARPENTEUR .i A V E N UE BLOCK E3a BLOCK W2 i i its 16,800 SF Commercial L ----- i ^A i � 21,700 SF Commercial 71 Off -Street Surface Spaces i i —T+ '` i 42 Apartment Units OT, 1 81 Off -Street Surface Spaces CALIFORNIA AV 3 r r BLOCKS W3a & W3b i - 8 B BLOCK E3b 1719,SF Commercial i I I I 1 e8 0 1 119 400 SFCommercial 4 Single -Family Units I , 88 I 144 Apartment Units 50 Off -Street Surface Spaces i i i i 71 Off -Street Surface Spaces l e IDAHO AVE 1 BLOCK W4 i ' ® 88 i 1 BLOCKS E4a & E4b 38 Apartment Units8B �- 1 10 Townhome Units 16 Off -Street Surface Spaces i ff K 2 Single -Family Units J i 38 Apartment Units I o. IOWA AVE y Q I El HE a BLOCKS W5a & W5b BLOCKS E5a & E5b I El [ME] I -----i -------------1 I6 Townhome Units I I , 122 Townhome Units EM 2 Single -Family Units i ® 2 Single -Family Units B 8e I 1 HOYT AVE I t 1 I £? BLOCK W6 I i �,. }` i BLOCKS E6, & E6b L-------1 -----------------i 12 Townhome Units i i ; 'T' i 22 Townhome Units - I HILLCREST VILLAGE Metropolitan Council xammcL Gr= and Abrahamson, Inc - _ City of Maplewood Calthorpe Associates Smart Growth Twin Cities City of St. Paul 3 Attachment 3 ORDINANCE NO. AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING BUILDING AND DESIGN STANDARDS FOR THE HILLCREST VILLAGE REDEVELOPMENT AREA The area under consideration (hereinafter "Hillcrest Village Redevelopment Area") includes land north of Larpenteur Avenue, east of White Bear Avenue, south of Ripley Avenue, and west of Hazel Street; also including properties on the west side of White Bear Avenue located north of Larpenteur Avenue and south of Frost Avenue (refer to Hillcrest Village Redevelopment Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood, in cooperation with the Metropolitan Council and the City of St. Paul, are currently conducting a smart growth initiative study that includes land use planning components for the Hillcrest Village Redevelopment Area. 1.02 The objective of the study is to design a land use concept for the Hillcrest Village Redevelopment Area. This information will help create a livable neighborhood where homes, jobs, and services are linked by walkable streets. 1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: - Land, use - Building setbacks - Building height - Design standards for buildings - Pedestrian flow and safety Parking Streetscaping Signage - Lighting - Landscaping Housing.density 1.04 There is a need for these studies to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the development of the Hillcrest Village Redevelopment Area. n SECTION 2. REDEVELOPMENT STUDY; MORATORIUM 2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan Council, City of St. Paul, White Bear Avenue Business Association, hired consultants, property owners, interested citizens, and the city council. 2.02 Upon completion of the study, it shall be presented to the planning commission and community design review board commission for their review and recommendation to the city council. 2.03: A moratorium on development in the Hillcrest Village Redevelopment Area is adopted pending completion of the study and/or the adoption of any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. The city will not approve any subdivision or building permit for a new building during the moratorium period. The city may issue building permits for the expansion or remodeling of existing structures. SECTION 3. TERM 3.01 The term of ordinance shall be for one year or until such time as the city council adopts amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. SECTION 4. VARIANCES 4.01 Variances from this ordinance may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. C. The application shall be submitted to the planning commission for their review and recommendation to the city council. d. The city council may in its discretion set a public hearing prior to making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to comply with the purpose and intent of this ordinance. SECTION 5. EFFECTIVE DATE 5.01 This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on October 28, 2002.. Mayor Attest: City Clerk AGENDA ITEM klq AGENDA REPORT Act',. TO: City Manager - -------. FROM: Charles Ahl, Director of Public Works/City Engineer Rejected SUBJECT: Hartford Group Development Proposal (Hijacek Property) -- Resolution Ordering = Preparation of Alternative Urban Areawide Review (AUAR) Environmental Study DATE: October 22, 2002 Introduction The city staff and city council have received preliminary proposals for the development of the Hijacek property in north Maplewood with a mixed land use development. A development of this size exceeds the threshold for environmental review, requiring that the city council designate a process for this environmental review process to occur. The developer, the Hartford Group, and city staff have discussed preparation of an Alternative Urban Areawide Review (AUAR), which is a more comprehensive environmental review than an Environmental Assessment Worksheet (EAW). A resolution ordering preparation of the AUAR is recommended. Background The Hartford Group has proposed development of the Hijacek site in north Maplewood with a mixture of single-family, senior housing, high-density residential property, retail property, medical office, and corporate office property. This proposal changes the current land use plan for the property, which is business commercial or general retail. The Hartford proposal includes a new alignment for County Road D, which has been an on-going study by the city since May 2001. The attached drawing shows a draft concept for the proposed development. The environmental review for this size development requires the preparation of an EAW at a minimum. It is the option of the local unit of government; in this case, the decision is the city council's (the designated Regulatory Governmental Unit [RGU]). The council may designate the use of an alternative process if the city has a comprehensive plan identifying land use designation for the area, proposed public facilities, including a transportation and sewer plan, and an implementation program for the public facilities. The EAW differs from an AUAR in that the EAW identifies whether an environmental impact is significant. If the impact exists, but is not significant, the project can proceed as proposed. In an AUAR process, the environmental impact must be addressed with an adopted mitigation plan. In order for the project to proceed, a plan for implementation of the mitigation of the environmental impacts must be adopted. The order for preparation of the AUAR must specify an area of study, which in this case is the area bounded by Beam Avenue on the south, County Road D on the north, Southlawn Drive on the east, and Hazelwood Drive on the west. The Hartford Group has hired an engineering firm, SRF Engineers, to prepare the AUAR for this proposed project. The city council will review the documents prepared by SRF for the project. At least one scenario must be consistent with the comprehensive plan, and a second will be consistent with the worst-case development proposal. The content and format for the AUAR must be similar to that of the EAW; however, the analysis will be comparable to that of the much more thorough Environmental Impact Statement (EIS). The attached schedule has been prepared by city staff to incorporate the County Road D extension project into the development review process for the AUAR. The schedule is very aggressive, but can be implemented with the assistance of review consultants hired by the city to assist with the review. Hartford has agreed to reimburse the city for the cost of the consultants. Hartford Proposal — AUAR Order October 22, 2002 Page Two Recommendation It is recommended that the City Council adopt the attached resolution that orders preparation of an Alternative Urban Areawide Review for the proposed development by the Hartford Group for the Hijacek property, defined by an area bounded by Beam Avenue on the south, County Road D on the north, Southlawn Drive on the east, and Hazelwood Street on the west, and shall include at least two development scenarios. One scenario shall be consistent with the comprehensive plan and a second scenario shall be consistent with the attached proposed development concept scenario. RCA jw Attachments: Draft Concept Plan Kelly and Fawcett Letter on AUAR Process Schedule Resolution N �Tw PATRICK J. KELLY SONG LO FAWCETT CHAD D. LEMMONS ROBERT J. FOWLER SARAH J. SONSALLA DAVID L. PALM Kelly & Fawcett., A. ATTORNEYS AT LAW 2350 US BANCORP PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MN 55101 May 31, 2002 Of Counsel: MCGUIGAN & HOLLY, P.L.C. (651) 224-3781 Facsimile (651) 223-8019 E -Mail: admin@kellyandfawcett.com Mr. Chuck Ahl Maplewood City Hall 1830 East County Road B Maplewood, Minnesota 55109 VIA FACSIMILE & U.S. MAIL RE: Alternative Urban Areawide Review Research Dear Mr. Ahl: Pursuant to your request, the following are the answers to your questions concerning the Alternative Urban Areawide Review Research ("AUAR). We have also enclosed some additional information regarding AUAR for your reference. 1. Time frame and notice requirements for publication. Is it the same as an EAW? The time frame and notice requirements for publication of an AUAR are the same as an EAW. Pursuant to Minnesota Rule 4410.3610, subpart 5, the draft AUAR must be distributed and noticed in accordance with Rule 4410.1500, which is the same publication and distribution requirements used for an EAW. A copy of the rule listing these requirements is enclosed. 2. Does the AUAR meet the legal requirement, since the development will clearly exceed the minimum threshold for an EAW? An AUAR can now substitute for an EAW for review of: residential development, commercial development, commercial development, warehousing, light industrial development and infrastructure associated with any developments such as roadways, water, sewer and stormwater systems. Development with characteristics that meet thresholds of any industrial mandatory EAW or EIS categories are not eligible for an AUAR. 3. At what point during the AUAR process can the City Council consider aspects of the development? Is it similar to the EAW in that a preliminary plat should not be approved until the EAW is found to have no significant impact? And, if similar, what finding does the City Council need to make on the AUAR before proceeding with the Mr. Chuck Ahl May 31, 2002 Page 2 of 3 remainder of the development review process? An AUAR is similar to an EAW in that development should not be approved until the AUAR is completed and adopted by the City Council. The AUAR's key feature is that its subject is a development scenario or several scenarios for an entire geographical area rather than a specific project. The scenarios are established by the City based upon the comprehensive plan, zoning ordinances, developers' plans and other relevant information. More than one scenario can be reviewed, providing at least one is consistent with the adopted comprehensive plan. A maximum "worst case" scenario is usually included. Development scenarios chosen by the City serve as the project description for the environmental impacts analysis. Specific projects ready for review within the area can be included, however, the review can also be done before any specific projects are proposed. As soon as development scenarios are designated by the City, it can formally initiate the AUAR process by an order. After an order is issued, an AUAR document is drafted. The draft document is reviewed based on the EAW publication and distribution rules. The comment period is 30 days. Based on the comments received, the City revises the document and adds a "mitigation plan," which specifies mitigation measures or procedures to protect the environment from identified potential impacts. The City may also need to revise development assumptions or set development limits to protect environmental resources. Then, the finalized document and mitigation plan is distributed for review. If obj ections are filed by any state agency or the Metropolitan Council, negotiations begin, after which, if no resolution can be reached, the Environmental Quality Board decides if the review is adequate or must be revised. If there are no objections, the City Council adopts the AUAR document and mitigation plan at its first regularly scheduled meeting held 15 or more days after the distribution of the revised document. After adoption, the City must submit evidence to the EQB staff and all agencies that stated that they wish to be informed of any future projects within the area as part of their comments on the draft document. The EQB will then publish a notice of the adoption of the documents and the completion of the review process in the EQB Monitor. 4. Does the area to be studied have any minimum or maximum requirements? Who decides the study area? The Responsible Government Unit (RGU)(the City or unit with greatest authority over the project as a whole) must adopt an order for each review that specifies the boundaries of the geographic area within which the review will apply and specifies the anticipated nature, location, and intensity of residential, commercial, warehousing, and light industrial development and associated infrastructure within Mr. Chuck Ahl May 31, 2002 Page 3 of 3 those boundaries. 5. Anything else that we should know about an AUAR? We have attached additional information concerning the differences between an EAW and an AUAR that you should review. If you have any questions or need additional information, please contact us. Thank you for your assistance in this matter. Respectfully yours, KELLY & FAWCETT, P.A. Patrick J elly Sarah J. Sonsalla Enclosures: - Minnesota Rules Guide to Minnesota Environmental Review Rules HARTFORD SITE PROPOSAL W/ COUNTY ROAD D EXTENSION PROJECT TIME LINE PLAN September '20, 2002 Critical Items/Tasks Due Date Requirements Alignment Study Task Force 09/19/02 Adopts Alignment 4B City staff and Hartford Mtg 10/08/02 Review of Schedule City Council Auth Prep of AUAR 10/28/02 - Study Area - C to 694 - McKnight to Little Canada - City review costs? Draft AUAR to City staff 11/15/02 21 days for review Planning Commission — Rvw of Align Study 11/18/02 Recommends Option Final Roadway Align Study to Council 11/25/02 Draft Rpt by 11/01 - includes cost estimate - Pub Hrg Called Roadway Align Public Hearing @ Council 12/09/02 ROW Map Authorize Tax Abatement Info to Council 12/09/02 - Developer Needs $$ - Pub Improv $$$ AUAR to Council 12/09/02 Sent for'Pub Review AUAR Notice Published in EQB Monitor 12/23/02 45 days for review (due to holidays) Planning Comm — Public Hearing Includes Approval of on Transportation Plan Amend 01/06/03 ROW Map for Align 4B City Council — Public Hearing on Trans Plan and ROW Map 01/27/03 ROW Acquire Authorized AUAR Comment Period Ends 2/06/03 AUAR Responses Prepared 2/07 to 2/27 21 days (due to City on 2/27) Council Calls Hearing on AUAR 2/24/03 No public testimony received Planning Comm Rvw of AUAR 3/03/03 PC comments submitted City Council holds Public Hearing — Approves Responses 3/10/03 21 days: objections to action Planning Commission Reviews Prel Plat, Land Use Plan Amend and PUD Zoning Change 4/07/03 Submittal due 45 days prior Design Rvw Committee Reviews Bldg Design Details 4/08/03 Submittal due 45 days prior Council adopts Final AUAR w/Mitigation Plan City Council holds Tax Abatement 4/14/03 Need to verify legal req's Public Hearing City Council holds Public Hearing Approves preliminary plat, land use plan change and PUD rezoning 4/28/03 Final approvals City Council approves final bldg. design plans 5/12/03 Submittal 45 days proir RESOLUTION ORDERING PREPARATION OF AN ALTERNATIVE URBAN AREAWIDE REVIEW WHEREAS, the City of Maplewood has received a draft concept proposal from the Hartford Group, Inc. for development of property in northern Maplewood, referred to as the Hijacek property, and WHEREAS, said development appears to exceed the threshold requirements for the preparation of a mandatory Environmental Assessment Worksheet (EAW), and .WHEREAS, the City of Maplewood has a land use plan designating the existing location, intensity, and extent of use of the proposed land, including all public facilities proposed at said development property, along with a capital improvements plan describing programs to implement the comprehensive plan, and WHEREAS, the City of Maplewood desires to review the environmental impacts of the proposed development and potential land use revisions related to the proposed development, and WHEREAS, Minnesota Rules 4410.3610 allows a local unit of government to use procedures to study environmental impacts through development of an Alternative Urban Areawide Review. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. An Alternative Urban Areawide Review (AUAR) shall be prepared for the Hijacek property. 2. Said AUAR shall include two scenarios including an analysis of development at the current land use and a second scenario with the proposed Draft Concept Plan, titled Legacy Village of Maplewood, prepared for Hartford Group, Inc. 3. Said AUAR shall study the impacts of the area bounded by Beam Avenue on the south, County Road D on the north, Southlawn Drive on the east, and Hazelwood Street on the west. 4. Said AUAR shall be prepared on the City of Maplewood's behalf by SRF Consulting Group, Inc. at the expense of Hartford Group, Inc. Adopted this 28th day of October 2002. TO: FROM: SUBJECT: DATE: AGENDA REPORT City Manager AGENDA ITEM Charles Ahl, Director of Public Works/City Engineer Action by Council Date .� Endorsed Modified Rejected NPDES Storm Water Permit — Authorize Letter of Understanding with League of _...i Minnesota Cities for Draft Permit October 21, 2002 Introduction The League of Minnesota Cities (LMC) is proposing to prepare a guide plan to assist cities develop their permit application for storm water management. A letter of understanding between the City of Maplewood and LMC is proposed and recommended. Background The Federal Clean Water Act of 1991 required that all discharges of storm water acquire a Nationwide Permit Discharge Elimination System (NPDES) permit. The act required all cities that exceed 100,000 in population to acquire their permits within 7 years, while cities in excess of 10,000 persons (Phase II cities) were given 12 years. The NPDES process in Minnesota will be administered by the Minnesota Pollution Control Agency (MPCA). The MPCA has established March 10, 2003, as the date that Phase II cities must submit a Notice of Intent for the permit application and a five-year Storm Water Pollution Prevention Plan. Unfortunately, the MPCA has been unable or unwilling to provide guidance on the permit requirements, other than to remain firm on the specific submittal dates. The LMC has started a process with 73 communities (mainly cities) to develop a guide plan that will assist cities in their application. Due to the time sensitive nature of this agreement and the failure of MPCA to delay their permit application process, staff has submitted the $5,000 fee for participation in this process. Approval of this agreement is recommended to commit the city to participate in the LMC process. If the city council determines that they do not wish to have staff participate with LMC, the $5,000 fee can be refunded. Additional expenses are likely once the LMC guide plan is completed in late December 2002. The Public Works proposed budget for 2003 includes additional expenditures for January and February 2003 to complete the city's permit application and five-year plan. We anticipate that the LMC guide plan may save up to 40 percent of the anticipated $80,000 in 2003; however, we will not know that final amount until participating in the process. In addition, LMC has been providing guidance in working with MPCA on the overall process Approval of the attached letter of understanding is recommended. Recommendation It is recommended that the City Council approve the Letter of Understanding with the League of Minnesota Cities for the NPDES Phase II Stormwater Guide Plan and authorize the Mayor and City Manager to sign the Letter of Understanding on the City's behalf. RCA Jw Attachments: Letter of Understanding Cities participating in the Stormwater Guide Plan RECEIVED SEP 0 2002 LMC145 University Avenue West, St. Paul MN 55103-2044 .Teague of Minnesota Cites Phone: (651) 281-1200 (800) 925-1122 Gties promoting excellence Fax: (651) 281-1299 TDD (651) 281-1290 September 26, 2002 Letter of Understanding Re: NPDES Phase II Stormwater Guide Plan — Letter of Understanding . Dear [PLEASE INSERT NAME OF CONTACT PERSONAND CITY] Thank you for your city's interest in joining with other communities and the League of Minnesota Cities (LMC) to build the NPDES Phase II Stormwater Guide Plan (Guide Plan). The goal of the Guide Plan is to provide your city with a tool to allow it to complete 50% - 65% of your NPDES Phase II Notice of Intent and a Storm Water Pollution Prevention Plan using in-house resources. Based on the significant number of cities. responding to the LMC's June 7, 2002 letter, we are moving ahead to have the LMC Board approve a contract with a consultant to develop the Guide Plan. Due to the time sensitive nature of this project, please sign and return one copy of this Letter of Understanding to the LMC no later than October 15, 2002. LMC will not enter into an agreement with a consultant until it has received sufficient written city commitments to cover the cost of the project. This Letter of Understanding is intended to describe the scope and nature of the project. The Guide Plan elements will include the following: permit application components meeting the six minimum measures required by the USEPA and MPCA; - a permit task check list; - a check list for existing city programs; - a list of acceptable Best Management Practices (BMPs); - ordinances; employee training; educational materials & programs; access to state and county programs, and requisite contact information; - form letters and agreements for outside providers; and details and options for funding mechanisms to comply with this regulatory program. Estimates to develop the Guide Plan range from approximately $100,000 to $350,000. This cost assumes that a large portion of the work plan will be coordinated by and implemented through League staff. By approving this Letter of Understanding, your city agrees to contribute $5,000 to help make the Guide Plan a reality. The process for developing the Guide Plan will include the following components. Steering Committee: The Steering Committee consists of 1.5 voting members, all of who are city officials and were selected as volunteers to represent their communities. The first meeting of the Steering Committee is July 16, 2002. The Steering Committee will make a recommendation regarding a consultant for the project and will provide direction for the project as it moves forward. There will be a sub -committee of the Steering Committee that will help LMC short-list firms for interview. Request for Qualifications / Statement of Qualification: The LMC issued a modified Request for Qualifications (RFQ) on July 12, 2002. The LMC targeted the RFQ to firms that have expressed interest in the project. Additionally;, the project was noticed to the City Engineers Association of Minnesota and to the American Council of Engineering Companies of Minnesota Statements of Qualifications (SOQs) are not to exceed 15 pages, however, if necessary appendix materials including resumes may be unlimited. Firms are asked to provide 10 copies that LMC can have delivered over -night to key, the Steering Committee members. Since the RFQ was mailed out on July 12, 2002, the SOQs will be due July 26, 2002, giving firms a two-week turn around. LMC Board Action: The LMC Board will review and approve the suggested process at their July 25, 2002 Board Meeting. Interview / Selection of Consultants: Based on the SOQs, the sub -committee of the Steering Committee will develop a short list (3-5 firms) of eligible engineering firms that will be invited to make presentations during the week of August 5, 2002 to the full Steering Committee. The Steering Committee will then make a recommendation to the LMC Board. At its July 25 meeting, the LMC Board may choose to delegate to its Executive Committee the authority to select and contract with the consultant. LMC enter into contract / Deliverable October 15, 2002: On behalf of the participating cities in the Guide Plan ,prof ect, the LMC will enter into a contract with a selected consulting firm to produce the final copywritten Guide Plan. The budget has not yet been set, but we anticipate the cost to be about $200,000. It is anticipated the contract will be let in early August, 2002. The Guide Plan will be due no later than October 15, 2002 and will have a "not to exceed" clause based on the- number of communities that agree to participate in the project. In the event the project is completed and delivered for less than the estimated $5,000 per community, the LMC will make an equitable remittance to all participating communities. AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 2 Training / Construction of Permit Application: The Steering Committee will meet at least two times in person with the selected consultant to review the Guide Plan's progress and the final draft. We anticipate the Steering Committee and all participating cities will be given weekly or bi-weekly updates prepared by LMC staff and the consulting firm. Upon delivery of the Guide Plan, it is our expectation that the consulting firm will provide at least two training and education opportunities to participating cities in the use and implementation of the Guide Plan. Ownership: The final Guide Plan will be the property of LMC, although all participating cities will receive copies of the completed Guide Plan.. LMC may provide a copy of the completed Guide Plan to non -participating cities upon payment of an appropriate fee, as determined by LMC. Revenue from the sale of the Guide Plan shall belong to the LMC, to compensate it for the cost and staff time involved in coordinating this project. The LMC Board of Directors understands the importance of using your city's resources wisely. We support your desire to collaborate with other communities to develop the Guide Plan. As indicated above, LMC will not enter into an agreement with a consultant until it has received sufficient written city commitments to cover the cost of the project. You may include your $5000 contribution with the signed Letter of Understanding or we will invoice your city for the amount. If you have any questions about this project or the contract, please contact Remi Stone at (651) 281-1256 or email: rstone@lmnc.org; or Tom Grundhoefer at (651) 281-1266 or email: tgrundho@lmnc.org. Sincerely, James F. Miller Executive Director Agreed to on this date Attest: Mayor Clerk by the city of AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER NPDES PHASE II STORMWATER GUIDE PLAN LETTER OF UNDERSTANDING CITIES 5epttember 27, 2002 Albert Lea Fergus Falls Mounds View Andover Forest Lake New Brighton Anoka Fridley New Ulm Apple Valley Golden Valley North Mankato Austin Hastings North St. Paul Bemidji Hermantown Northfield Blaine Hibbing Oakdale Bloomington Hopkins Oak Grove Brainerd Hugo Olmstead County Brooklyn Center Inver Grove Heights Orono Brooklyn Park Lakeville Plymouth Buffalo Lauderdale Richfield Burnsville Lexington Rochester Carver Long Lake Rosemount Chanhassen Loretto Sartell Chaska Mahtomedi Savage Cloquet Mankato Shakopee Columbia Heights Maple Grove South St. Paul .Coon Rapids Maple Plain Spring Lake Park Corcoran Marshall St. Louis Park Cottage Grove Medina St. Michael Crystal Mendota Heights Stillwater Dayton Minnetonka West St. Paul Duluth Minnetrista White Bear Lake Falcon Heights Moorhead Willmar Farmington Mound Winona Woodbury r Agenda MEMORANDUM Action by Council Date TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Director of Parks and Recreation Rejected.._ DATE: October 22, 2002 for the October 28, 2002 City Council Meeting SUBJECT: Beaver Lake Corridor Land Management Plan INTRODUCTION The city of Maplewood is in the process of acquiring the Beaver Lake corridor, which is nine acres of land along Beaver Creek at the intersection of Lakewood Drive and Maryland Avenue. The property provides an important wildlife corridor connection to Beaver Lake to the southwest and a large wetland complex to the northeast. The acquisition is part of the Beaver Lake townhome project. BACKGROUND The city has applied for and will be receiving a $150,000 grant from the Department of Natural Resources. The grant will permit the city to acquire the property with monies from the open space fund. The D.N.R. requires that the city prepare a natural resource management plan as part of the grant requirement. The city retained Bonestroo, Rosene, Anderlik & Associates to complete the plan. The 50 -page document outlines in detail proposed management recommendations for the site. The Beaver Creek corridor plan identifies the natural resources and breaks down the nine acres to five different plant communities: a. Old field: grass lands dominated by Eurasian pasture grasses b. Mixed deciduous wood land c. Wet meadow d. Shrub -carr e. Pine plantation The natural resource management plan provides specific information for assisting restoration by communities to their historic vegetation. The Parks and Recreation Commission reviewed the plan in detail as presented by Ginny Gaynor, open space coordinator, at their regularly scheduled meeting on Monday, October 21. The plan has been reviewed by the open space task force and was approved unanimously. The Parks and Recreation Commission unanimously recommended to the city council adoption of the plan. Beaver Creek Management Plan Page 2 October 22, 2002 The most controversial part of the land management plan was the proposal to thin the pine plantation located in the northeast corner of the property. Ms. Gaynor distributed a memo on managing red pine plantations and information on the value of pine plantations, purpose of thinning, thinning recommendations and a long-term restoration plan to create a diverse woodland. It is staff's recommendation that approximately 30 percent of the trees be removed to preserve the pine tree stand. It is further recommended that the thinning occur during the winter when the ground is frozen. The Parks and Recreation Commission discussed this issue at great length and unanimously adopted a motion to recommend the thinning and land management plan with the understanding that a letter of support from the D.N.R. be received. I have spoken with Al Singer, Metro Greenway coordinator and have enclosed a letter of support from the Department of Natural Resources for the proposed thinning. RECOMMENDATION Staff recommends that the Beaver Creek Management Plan be adopted as prepared by Bonestroo, Rosene, Anderlik & Associates with the understanding that the pine plantation be thinned to permit improved growth of the plantation and to begin a long-range reintroduction of native trees, shrubs and ground cover.. kdlbeavercreekplan.mem Enclosure Together TO: Bruce Anderson FROM: Ginny Gaynor DATE: 10/11/02 RE: Beaver Creek Management Plan Attached is the Natural Resources. Management Plan Executive Summary for Beaver Creek Corridor for your review and submission to the Parks Commission and City Council. The full 50 -page plus report is at the printers and I will forward it to you next week. Consultants from Boonestroo, Rosene, Anderlik & Associates wrote the plan with input from myself, Bill Penning from the Minnesota DNR, Bill Bartodziej from Ramsey Washington Metro watershed District, and Mark Gernes, a member of our Open Space Advisory Task Force. Maplewood's Open Space Task Force has reviewed the, Plan and recommends acceptance of the plan with the clarifications listed on the attached page. The conservation easement the city is negotiating with the MN DNR ($150,000 matching funds to: help acquire the property), requires that we have a DNR -approved management plan for the site. Bill Penning, DNR Project Coordinator for this parcel has reviewed the plan and approves it. For more detailed. information on Minnesota's ecology and. the habitats native to our area we have two excellent references at the Nature Center: • Minnesota's St. Croix River Valley and Anoka Sandplain, D.S. Wovcha, B.C. Delaney, G.E. Nordquist, University of Minnesota Press, 1995, Minneapolis. • Minnesota's Natural Heritage: An Ecological Perspective, J.R. Tester, University of Minnesota Press, 1995; Minneapolis. MAPLEWOOD NATURE CENTER & NEIGHBORHOOD PRESERVES 651-738-9383 FAx:. 651 - 730 - 61 69 CITY OF MAPLEWOOD 2659 EAST SEVENTH STREET MAPLEWOOD, MN 55119 Together We Can The Maplewood Open Space Naturalist and the Open Space Task Force recommend .that the city accept the Beaver Creek Corridor Natural Resource Management Plan with the following considerations .and clarifications: 1. Restoration is a long-term process. This Management Plan, will take many years to implement. • Prairie restoration adjacent to the trail should be undertaken in 2003 or 2004 as the bike trail is installed and adjacent development occurs. • Thinning of the pines should take place in 2003. • Wetland and woodland restoration will take place as open space funds and priorities dictate. 2. The Techniques and Monitoring sections of the report are general guidelines appropriate to many sites. We approve them as. suggestions but not as. a mandate. Restoration techniques are continually being updated and staff will stay current and use those techniques determined to be best: for each situation. Monitoring is an extremely important part of managing natural resources but can be very time consuming. We believe a feasible commitment for monitoring is: • During Phase I (development of adjacent lands): i. Staff walks site monthly and addresses concerns, ii. Staff recruits volunteer monitor for the site to join the existing open space monitoring program. (This program was launched September 2002 for the Priory site and Joy Park. Its focus is site use/abuse, spread of invasive species,. and phenology.) • During Phases II' and III: As staffing and priorities permit, develop -a more intensive natural resources monitoring program, using suggestions from plan. 3. Any storm water retention ponds sited on the open space shall be created as wetlands and planted with native plants. Ginny Gaynor Open Space Naturalist October 11, 2002 MAPLEWOOD NATURE CENTER & NEIGHBORHOOD PRESERVES 651-738-9383. FAX: 651 - 730 - 6169 CITY OF MAPLEWOOD- 2659 EAST SEVENTH STREET MAPLEWOOD, MN 55119 L Executive Summary As part of its commitment to protecting open space and natural areas, the City of Maplewood purchased approximately 9 acres of land along Beaver Creek. The property provides an important wildlife corridor connection between Beaver Lake to the southwest and a large wetland complex to the northeast. This Natural Resource Management Plan focuses on 3 key aspects of managing this area: • recommendations for active, hands-on management of the existing natural resources • guidelines for infrastructure planning • suggestions for involving and educating neighbors Historically, vegetation within the corridor consisted of a mix of oak savanna and oak woodland, with scattered prairie openings. Low areas along the creek likely supported stands of wet meadow, wet prairie, and shrub wetlands. In the wake of settlement, activities such as the conversion of land to pasture and cropland, and the suppression of fire, significantly. altered the composition of the plant communities. Today, the Beaver Creek Corridor supports 5 different plant communities: • Old Field: grasslands dominated by Eurasian pasture grasses • Mixed Deciduous Woodland: highly variable wooded communities characterized by a mix of hardwood and softwood species in the canopy, and a groundlayer that ranges from bare soil to a mix of native and non-native grasses and forbs • Wet Meadow: low-lying areas, primarily along the creek, dominated by reed canary grass • Shrub -Carr: Shrub communities along the creek, characterized by sand -bar willow and reed canary grass • Pine Plantation: 30 — 35 year old plantation of mixed pines The Natural Resource Management plan provides specific information for restoring existing communities to the historic vegetation. Recommended actions will result in communities that are significantly more diverse and that provide excellent habitat for wildlife, thus facilitating animal movement between Beaver Lake and the wetland complex northeast of the easement. Target communities and restoration strategies are summarized below. Beaver Creek Corridor Site Analysis and Natural Resource Management Plan I Old Field: Restore to prairie and oak savanna by using a combination of herbicide and prescribed fire to control the Eurasian grasses, and replant with native prairie species. • Mixed Deciduous Woodland: Restore to oak woodland brushland by gradual thinning of undesirable tree species and underplanting with native forbs, grasses, and shrubs • Wet Meadow: Retain as wet meadow, but significantly improve the ecological and wildlife value by eliminating the reed canary grass and reintroducing native wetland plants • Shrub Carr: Retain as a shrub wetland community. Improve species diversity and wildlife value by controlling reed canary grass and planting a diverse mix of native shrubs. • Pine Plantation: Gradually restore to a more sustainable community by long- term, selective thinning of the pines, especially as they age and/or become diseased.. Plant native oaks, shrubs, and ground layer species in the resulting canopy gaps. • Stream Channel: Generally in good condition. The Natural Resource Management Plan includes recommendations for monitoring, erosion control, and debris removal. Guidelines for infrastructure development, include recommendations for trail surfaces and trail alignment, a bridge over the creek, potential lighting needs, and options for scenic overlooks are among the topics addressed. This section also discusses the restoration/ surface cover of the storm basins that drain to the easement. Ultimately, neighbors and local residents should become informed about and potentially involved in the restoration and management of this area. This will help to promote a land stewardship ethic in the City, and help neighbors understand both the appropriate uses for the site as well as any restrictions, on use. Signs, informational sheets, public meetings, and volunteer groups are among the strategies that can be used to help inform and involve the public Beaver Creek Corridor Site Analysis and Natural Resource Management Plan 2 t a a. y rr f -T- PMI'l WA RTv � . _.. i .. ..,.�. _ :�,,,vM1..-:.�..-a A. -t S s r a ..^h7 �.u.az. -� palet hMa45:in.ai?d 1T{�:1rw�vT1};y.�.YifG°dSA+c+r�ei7°+�%R'"."���'Ip�'agw ht'm3i:p�lxw.n i�cb�.i.Sitn•�-i'�� � k �� 4 s�ri��-0a.nt.�.xicJrt?t%t ""';_ =1+CAB=R:C Y-s,LSi [561 Chapter 6 o�A ; $ . Cro lit Ile 4 AAoYA Sct, nd, pl6t r ' A Fig. 6.6 A mature white oak forest adjacent to a ravine on the St. Croix River terraces in southeastern Washington County. Mesic oak forests such as this with canopy trees more than 20 inches in diameter are extremely rare. This forest has few saplings because of light grazing some years ago but still has many species of forest herbs in the ground layer. Status: 2 Soils and substrate Red oak (Q. rubra) �. Structure Occurs on well -drained loamy soils derived Bur oak (Q. macrocarpa) A deciduous forest community dominated from alluvium or glacial'till; occasionally on Basswood (Tilia americana) by straight oak trees taller than 60 feet. relatively moist outwash. —Subcanopy Larger, single -stem trees more than 15 Historic distribution Northern pin oak (Quercus ellipsoidalis) inches in diameter are common in mature On the St. Croix River terraces in moist, Ironwood (Ostrya virginiana) stands; in submature stands, the larger sheltered ravines and stream valleys; on Black cherry (Prunus serotina) canopy trees are often between 10 and 12 portions of the Grantsburg sublobe till Basswood (Tilia americana) inches in diameter. Ironwood is common in plain; local areas on the St. Croix moraine Paper birch (Betula papyrifera) the Subcanopy, and a variety of other and Anoka sandplain. American elm (Ulmus americana) woody plants occur at all heights; shrub Red oak (Quercus rubra)present layer not usually dense or distinct; ground distribution Box elder (Acer ne g undo) layer a mixture of woody seedlings and Mature, high-quality stands extremely rare, Bitternut (Carya cordiformis) herbs. with most occurring along the St. Croix Red maple (Acer rubrum) River on steep, inaccessible slopes. Butternut (Juglans cinerea) Other characteristics Forest floor not compacted but shows fine- Existing acreage: 5,360 —Shrub layer scale relief from old tree bases or animal Number of known- locations: 185 Chokecherry (Prunus virginiana) burrows; dead wood standing and down of Prickly ash (Zanthoxylum americanum) all sizes and in various stages of decay; at Common plant species American hazelnut (Corylus americana) least 35 plant species per 60 x 60 feet. —Canopy - Prickly gooseberry (Ribes cynosbati) White oak (Quercus alba) Red -berried elder (Sambucus pubens) [561 Chapter 6 o�A ; $ . Cro lit Ile 4 AAoYA Sct, nd, pl6t r ' A 0 I ise 4esic Oak Forest - _ Characteristic animal species ;uct Sheet (cont.) =: Gray fox (Urocyon cineoargenteus) lannyberry (Viburnum Rare animal species lentago)-" ;-" _ " ' Red -shouldered hawk (Buteo lineatus) ted raspberry (Rubus strigosus) ,. '` 4 = Fox snake (Elaphe vulpina) Missouri gooseberry Bullsnake (Pituophis melanoleucus) (Ribes missouriense) Milk snake. (Lampropeltis triangulum) uneberries (Amelanchier spp.) I agoda dogwood (Cornus alternifolia) ^ Disturbance indicators and threats similar to those of other oak communities Evidence of past cutting such as cut stumps ground layer and of maple -basswood forests. The thick and a lack. of tall, straight trees larger than WOODY SPECIES litter layer of oak leaves characteristic of all 10 inches in diameter; evidence of past Nild grape (Vitis riparia) , oak forests and woodlands offers protection grazing, such as a poor diversity of sub- oison ivy (Rhus radicans) to the small mammals and amphibians that canopy, shrub layer, and ground layer ,tirginia creeper (Parthenocissus inserta) inhabit them. Desiccation -sensitive species species; soil compaction, trails, old fences; (ORBS such as salamanders and shrews thrive on abundant prickly ash, raspberries,blackber- Nild geranium (Geranium maculatum) the higher soil moisture level characteristic ries, Pennsylvania sedge, or weeds such as opseed (Phryma leptostachya) of this community. burdock and motherwort. Threats include -log-peanut (Amphicarpa bracteata) invasion by common buckthorn and Tartar - Enchanter's nightshade (Circaea lutetiana) Common animal species ian honeysuckle and the spread of oak wilt ?ointed-leaved tick -trefoil (Desmodium —Breeding birds from infected disturbed stands. glutinosum Eastern wood -pewee (Contopus virens) , anada mayflower (Maianthemum Least flycatcher (Empidonax minimus) Associated natural communities mY canadense) Great crested flycatcher (Myiarchus Maple -basswood forest, dry oak forest, Sweet cicely (Osmorhiza claytonii) crinitus) lowland hardwood forest, white pine - Lady fern (Athyrium angustum) Blue jay (Cyanocitta cristata) hardwood forest, and hardwood swamps. Wild sarsaparilla (Aralia nudicaulis) Black -capped chickadee (Parus Examples False Solomon's -seal (Smilacina racemosa) atricapillus) 1. Boot Lake Scientific and Natural Area Interrupted fern (Osmunda claytoniana) White -breasted nuthatch (Sitta 7. Martin -Island -Linwood Lakes Cleavers (Galium aparine) carolinensis) Regional Park: Linwood Lake Big -leaved aster (Aster macrophyllus) Yellow -throated vireo (Vireo flavifrons) 11. Osceola Landing Pale bellwort (Uvularia sessilifolia) Red -eyed vireo N. olivaceus) (north of Osceola bridge) Columbine (Aquilegia canadensis) Ovenbird (Seiurus aurocapillus). 12. Osceola Landing GRAMINOIDS Scarlet tanager (Piranga olivacea) (south of Osceola bridge) Pennsylvania sedge (Carex pensylvanica) —Mammals 13. Wild River State Park: Northern short -tailed shrew (Blarina Goose Creek Natural Area Characteristic plant species brevicauda) 14. Wild River State Park: Red oak (Quercus rubra) Eastern chipmunk (Tamias striatus) Sunrise Landing East .Butternut (Jug/ans cinerea). Gray squirrel (Sciurus carolinensis) Bitternut. (Carya cordiformis) Southern flying squirrel (Glaucomys volans) . .B lack snakeroot (Sanicula marilandica) White-footed mouse (Peromyscus Round -lobed hepatica (Hepatica leucopus) gw' americana) �� Common raccoon (Procyon lotor) � ' -- Rare plant species White-tailed deer (Odocoileus virginianus) •1�'� i 'Stemless tick -trefoil (Desmodium Amphibians and reptiles -'nudiflorum) American toad (Bufo americanus) •'�'' 'Goldie's fern (Dryopteris goldiana) Spring peeper (Pseudacris crucifer) .. . ;Ginseng (Panax quinquefolium) Eastern gray treefrog (Hyla versicolor) Animals of mesic oak forests Wood frog (Rana sylvatica) Lim Eastern garter snake (Thamnophis sirtalis) •� a s found in mesic oak forests are u�ry6 Fu'" r . ri .it o Oak .Woodland-Brushland Fact Sheet} W00d1 R t r• rin J.r eland Sheet Q v>' t i [Y r. '� � . ;. • . ter.. � �': F'. d0�oc �,� •i , neberries {okecherr5 mmon bl; 4ed raspber T =--Grown d 1 f'F' WOODY cre( 131ueberry 0 grape e 'Poison ivy Leadplant 3S Hog,peanu Fig. 8.3 Oak woodland-brushland that originated following recent fires at the Sherburne National Wildlife Refuge in Sherburne Canada me canaden County. Two fires a decade apart have recreated what was probably once common on the Anoka sandplain, oak woodland-brushlandj Bracken fei Scattered bur oak trees are growing over dense brush of hazel and sprouts of northern pin _oak from old tree roots and stumps. In thea pointed -lee absence of fire, the northern pin oaks will grow up among the bur oaks, and this. woodland will eventually succeed to dry oak forest:'glutinos ...................................................................... ............................................................................................: Big -leaved Status: 4 lands are now crowded with red cedar or Present distribution Wild sarsa - Structure young oaks growing between old, open- Persists on some dunes and dry ravine Star -flower A relatively open community of open -grown grown trees; fire scars are sometimes slopes or, more commonly, has succeeded (Smilac northern pin oak or bur oak trees (10 to present on trees. from dry oak savanna. Pussytoes 70% canopy cover) either scattered or in Soils and substrate Existing acreage: 4,980 GRAM1 PeGRAMa groves. The shrub layer is usually pro- Occurs primarily on well -drained, sandy or Number of known locations: 119 Big bluest nounced and is dominated by American gravelly soils on glacial outwash or hazelnut or oak sprouts; the ground layer is moraines; also on thin soil over bedrock. Common plant species Character composed of herbs and woody plants char- —Canopy Northern acteristic of dry oak forests and also some Historic distribution Northern pin oak (Quercus ellipsoidalis) Bush juni plants of dry oak savanna or dry prairie. Widespread across much of the Anoka Bur oak (Q. macrocarpa) Bracken f sandplain; on terrace slopes and ravines in Red oak (Q. rubra) Woodlanc nc la Other characteristics I the Mississippi River Valley; scattered Quaking aspen (Populus tremuloides) Poke The density and species composition of woodlands on the fit. Croix moraine; on canopy trees are highly variable, depending rocky or gravelly slopes and crests of —Subcanopy (if present) Rare plat on factors that influence tree size and ravines in the St. Croix River Valley; and on Black cherry (Prunus serotina) Round-st survival, such as the frequency of hot fires, the Rosemount outwash plain. Red cedar (Juniperus virginiana) gattin� disease, and severe drought; most wood- Bur oak (Quercus macrocarpa) [70] Chapter 8 0 'and. n the rest.•.• I ie :eded alis) s) Woodland- shland F Sheet 0 i Shrub layer Kitten -tails (Besseya bullii) Disturbance indicators and threats merican hazelnut (Corylus americana) Illinois tick -trefoil (Desmodium illinoense) Evidence of past grazing, such as barbed Gray dogwood (Cornus foemina) Wild petunia (Ruellia humilis) wire or old fence posts, soil compaction, an IjLneberries (Amelanchier spp.) It Animals of oak woodland- brushland abundance of unpalatable plants such as .Chokecherry (Prunus virginiana) Oak woodlands of the Region are typically , rick) ash and the presence of nonnative prickly � ,. g ommon blackberry(Rubus aIle heniensis) overgrown and resemble oak forests in their weeds such as Kentucky bluegrass, white E�L'ed raspberry (R. strigosus) animal inhabitants. Where the structure of clover, or Siberian elm; extensive patches of rGround layer this community is more open, edge species American hazelnut, common blackberry, h WOODY SPECIESred may be present. Prairie openings support cedar, or Pennsylvania sedge. Virginia creeper (Parthenocissus inserta) open -country species, such as vesper spar- Associated natural communities x, r Vaccinium an ustifolium) Blueber y ( g rows and savannah sparrows. Dry oak forest, dry oak savanna; dry prairie, Wild grape (Vitis riparia) _dry cliff and rock outcrop communities. yPoison ivy (Rhus radicans var. rydbergii) Common animal species Leadplant (Amorphs canescens) —Breeding birds v Mourning dove (Zenaida macroura) FORBS Blue jay (Cyanocitta cristata) Examples Hog -peanut (Amphicarpa bracteata) Gray catbird (Dumetella carolinensis) 18. Battle Creek Regional Park '2 Canada mayflower (Maianthemum Indigo bunting (Passerina cyanea) 23. Sand Dunes State Forest canadense) Song sparrow (Melospiza melodic) (southeast dunes) =<Bracken fern (Pteridium aquilinum) grown -headed cowbird (Molothrus ater) 25. Sherburne National Wildlife'Refuge: <Pointed -leaved tick -trefoil (Desmodium 'a Mahnomen Trail and Blue Hill Trail glutinosum) —Mammals 26. Sherburne National Wildlife Refuge: ,Bi -leaved aster (Aster macro h llus) Eastern cottontail (Sylvilagus foridanus) Orrock Dunes <Wild sorsa arilla (Aralia nudicaulis) P Eastern chipmunk (Tamias striatus) 27. Sherburne National Wildlife Refuge: ,�Star-flowered false Solomon's -seal Fox squirrel (Sciurus niger) Santiago Oak Savanna Research and (Smilacina stellata) White-footed mouse (Peromyscus Natural Area Puss oes (Antennaria s ) Yt P• leucopus) 28. Uncas Dunes Scientific and GRAMINOIDS Coyote (Canis latrans) Natural Area Innsylvaniasedge (Carex pensylvanica) Striped skunk (Mephitis mephitis) Big bluestem (Andropogon gerardii) White-tailed deer (Odocoileus virginianus) -7. —Amphibians and reptiles Characteristiclant species P P American toad (Bufo americanus) r +• Northern pin oak (Quercus ellipsoidalis) Prairie skink (Eumeces septentrionalis) 2 �- -Bush juniper (Juniperus communis)Plains garter snake (Thamnophis radix) �� ► . Bracken fern (Pteridium aquilinum) • `-I"Woodland sunflower (Helianthus hirsutus) Characteristic animal species <.:Poke milkweed (Asclepias exaltata) None are plant species Rare animal species ±':Round -stemmed false foxglove (Agalinis Eastern spotted skunk (Spilogale putorius) gattingeri) Bullsnake (Pituophis melanoleucus) Deciduous Woodlands [711 M; nrj Se Together We Can Notes On the Thinning of Pine Plantations at Maplewood Neighborhood Preserves Value of Pine Plantations • Aesthetic • Buffering • Help build soil and prevent erosion. • Timber production (This is not a goal for Maplewood Preserves.) • Wildlife habitat. Young stands (less than 30 years old).provide winter cover for deer. Older stands provide habitat for blue. jays, crows, red squirrels and other animals. "Red pine stands are considered poor habitat for wildlife. If enough sunlight is allowed to reach the ground, however, small trees, shrubs, and other plants will offer diversity to the stand, increasing wildlife numbers and species." Purpose of Thinning • To give remaining trees room to grow. • To improve yield, quality, and'growth rate if for timber production. • To provide enough light for crown branches — live crown should ideally be at least one-third of tree's height. For health and longevity of stand. Unthinned stands begin to deteriorate at 45-50 years old, developing spindly stems and very short crowns. As they age, they are susceptible to blow -down or breakage by wind, ice and snow. A first thinning at this stage may increase risk of wind damage. Thinning Recommendations • Thin plantation about every ten years beginning when trees are 25 to 30 years old. • Remove approximately 30% of trees during the first thinning. • There are many thinning strategies. One common one is to remove every third or fourth row plus recreate some gaps. Removing rows is generally more practical and where trees are closely spaced will be less damaging than selective cutting. • Cut in winter when ground is frozen. Restoring Plantation to Diverse Woodland • The goal is to speed up succession -- a natural process of change in plant communities. Disturbances in the woodland (fire, storm damage, insect damage) create gaps in canopy. This increases light to forest floor and enables other shade - intolerant species to grow and thrive. MAPLEWOOD NATURE CENTER & NEIGHBORHOOD PRESERVES 651-738-9383 FAX: 651-730-6169 CITY OF MAPLEWOOD 2659 EAST SEVENTH STREET MAPLEWOOD, MN 55119 • Initial thinning should provide enough gaps to increase sunlight to the woodland. • Gaps 6 to 10 meters in diameter encourage growth of shade-tolerant species (maples). • Gaps 40 to 50 meters in diameter encourage growth of mid-shade-tolerant species (oaks, ash). • Openings larger than 50 meters favor shade intolerant species (birch, poplar, black cherry) but are not recommended in small plantations. • Ideally have gaps more than 50 meters from each other and from edge of stand. • Build on existing small, natural openings to create larger clearings. • Regeneration strategies: o Protect existing seedlings and saplings. o Plant seeds or seedlings. o Remove exotics. o Stimulate coppice growth. (Cut hardwood saplings to ground to stimulate sprouting from roots and stumps; produces dense layer of sapling that often grow faster and straighter then trees grown from seed.) References • Managing Red Pine Plantations, Ontario Extension Notes, 1999, www.lrconfne.com • Managing Regeneration in Conifer Plantations to Restore a Mixed, Hardwood Forest, Ontario Extension Notes, www.Irconfne.com. • Woodland Stewardship: A Practical Guide for Midwestern Landowners, M.J. Baughman et.al., 1993, Minnesota Extension Service, University of MN, St. Paul. • The Forest Management Digest, A. Wickman, editor, 1990, MN Forestry Association, Grand Rapids, MN. ■ EI(IrElhI151� Q Ontario ATI NS PPi.ANT 01111ANACII�G RED Red pine planting in Ontario dates back to the 1920s. These early reforestation efforts were largely the initiative of the provincial government. Most of the forest cover was removed in the previous century by settlers clearing the land for agriculture. However, large areas of sandy soils throughout southern Ontario could not sustain agricultural practices and this marginal farmland was soon abandoned. To prevent soil erosion, tree planting programs were initiated, and the most suitable species for planting in sandy soils was red pine. Some of the best examples of red pine plantation management can be found in various Agreement Forests across southern Ontario. The LaRose Forest near Ottawa, the Durham and York Regional Forests near Toronto, and the Hendrie Forest near Barrie were some of the first major red pine plantings. In the 1960s, the reforestation emphasis shifted from public land to private land with the implementation of the Woodlands Improvement Act (WIA) program. As a result, there are now healthy red pine plantations on both public and private land, ready for harvesting and other management activities. Many of these plantations are now mature and provide the right conditions to restore a more natural forest, as well as critical wildlife habitat. This Extension Note provides details on how to best manage your planned or existing red pine plantation for forest products and environmental benefits. ESTABLISHING A PLANTATION Establishing a successful red pine plantation requires planning. Site selection, planting stock choice, and timing and method of planting all need to be considered. (See the Extension Note Planning for Tree Planting.) To begin with, you should ensure that the site and soil are appropriate for this species. Red pine prefers dry locations and grows best on sandy, coarse loam soil which is well- drained. It is not suitable for moist soils or sites that are seasonally flooded. The type and origin of the stock to be planted is also an important consideration. Check with your supplier to determine where the seed came from that was used to grow your stock. The seedlings should be grown from seed that was harvested from mature trees in your geographic area to ensure maximum growth performance. The size of the seedling to be planted should match the amount of competition from grasses and weeds that you expect on your planting site. The more competition expected, the larger the planting stock should be. On average sites in Ontario, two or three-year old nursery grown seedlings are commonly used. The most successful plantations have always removed any competition from the site prior to planting during the site preparation stage. Red pine stock should be planted early in the spring before it exhibits any kind of growth such as bud elongation or white root tips. Ideal planting conditions usually occur within a few weeks after the snow has melted. Summer or fall planting of red pine is not recommended Spacing, is very important because the distance between trees will determine future thinning and management options. Trees which are planted too close will require thinning at a young age before they can be used for forest products, and may prevent any equipment from accessing the stand to conduct weeding or thinning operations. Trees which are planted too far apart will develop heavy, persistent limbs along the entire length of the tree, which will limit its usefulness for forest products. Current research suggests that the optimum planting space between rows is 2.4 to 2.7 metres and seedlings should be planted between 1.8 to 2.4 metres apart within the rows. Planting methods can range from simple hand planting using a spade, to mechanized planting using a tree planter machine that scalps the sod and furrows the soil, allowing a seedling to be placed by an operator. Often, herbicides can be applied at the same time. The choice of planting method depends on the site and the number of trees to be planted. Small, stony sites are best planted by hand. When planting by hand, dig a hole that is large enough to accommodate all of the roots of the seedling. Gently replace the soil, and tramp lightly with your foot. Vigourous tramping may compact the soil too much and the roots may be damaged. Red pine is sensitive to shallow planting, so plant seedlings at the same depth as they were grown in the nursery. Once the seedlings have been planted, it is important to allow them to grow in full sunlight. Competing shrubs, grasses or weeds should be cut back or sprayed with an approved herbicide. Alternative methods such as mulching can be used as well. This tending should be done soon after planting or before the competition becomes too severe. Subsequent tending may be needed over the next three to five years as required or until the seedlings are well established and free to grow. THINNING One of the most important factors affecting the quality and quantity of sawlogs and other forest products from red pine plantations is control of the stand density. Thinnings (the removal of some trees to give remaining ones room to grow) need to be conducted about every ten years beginning when the trees are 25 to 30 years old. Depending on the original spacing, approximately 30 per cent. of the stems should be removed in the first thinning. Row thinning is the most practical method for the initial thinning, as this provides access room for the harvesting equipment. in addition to the rows which are removed at first thinning, poor quality or unhealthy trees in the remaining rows ;should also be removed, especially if they are interfering with the growth of the better bees in the stand. In Ontario, the most common practice is to remove every fourth row of trees for access purposes, and to remove one tree out of every five to seven trees in the remaining rows, concentrating on removing trees from the centre row. Another common thinning pattern is to remove every third row, with some additional crop tree release in the remaining rows to bring the plantation to the appropriate spacing. Most thinning is done in the winter months when the ground is frozen and the bark on the remaining trees is less susceptible to logging damage. Red pine cut during the summer months may develop a "blue stain" which will reduce the value of the lumber. Check with your local forester or consultant on the most appropriate method for your plantation. The second thinning should remove trees which are growing slowly, are unhealthy, or which are interfering with the growth of the best trees in the stand. By the third and subsequent thinning, all trees should be of good quality and will be well spaced. The choice of trees to be thinned will usually depend on the market demand for specific products or other long-term considerations, such as biodiversity or environmental concerns. The amount of .thinning undertaken will have a direct impact on the growth and yield of a plantation and should be determined by the type of product that you want to produce. Simply put, young trees with adequate spacing develop more foliage and thicker branches than crowded trees. This increased foliage results in quicker stem development as more wood is produced annually (this can be seen as wider annual growth rings if you look at a cross section of a cut stem). The goal of thinning is to ensure that there are live branches between one-quarter to one-half of the total height of the trees that remain. This will ensure that the growth and health of the trees is maintained. Trees with short, narrow crowns due to crowded growing conditions will respond slowly to thinning and may not recover the lost growth potential. In contrast, trees that are widely spaced may have broad crowns that cover more than -one-half of the trees height. These branches will cause large knots in the logs, which will reduce their value as sawlogs or utility poles. Plantations with no thinning can still return a profit to the landowner, but their use will likely be limited to low -value pulpwood. Unthinned stands will begin to The first thinning usually involves the complete removal of every fourth row of trees. The second thinning should remove trees which are interfering with the growth of the best trees in the stand. deteriorate at the 45 to 50 year mark, as trees became spindly with very short, live crowns. As these stands become older, they are susceptible to blow -down or breakage by wind, ice and snow. Any effort to thin plantations for the first time at this stage would result in marginal growth returns. and may actually increase the risk of wind damage. Consideration should be given at this stage towards stand conversion to other forest types or uses. PRUNING CROP TREES Pruning is the removal of live or dead branches from between 10 and 15 centimetres. The trees maybe 15 to standing trees to produce knot -free sawlogs. The selection 20 years old at this time. Pruning can be conducted in and pruning of crop trees can add significant value to conjunction with the thinning operations. At first plantations that are established on more productive sites thinning, prune the tree to a height of about three metres. and where active management practices such as regular But do not remove branches over more than one-half of thinnings are being carried out. Before crop trees can be the total tree height. At the time of second thinning, more identified and selected, your thinning regime or pattern branches can be removed on your selected crop trees to should be determined, to avoid the possibility of bring the total branch -free height to 5.1 metres. If you removing crop trees in subsequent thinning. A crop tree plan to grow utility poles, you should prune to a height of should be a dominant or co -dominant tree, exhibiting a 7.4 metres. Pruning can be done at any time of the year, well-developed leader and a full, round, finely branched and if properly done, will not harm the tree. Careless crown, and a straight, injury free stem. pruning can cause injury and reduce the health of the tree. Between 250 and 350 crop trees per hectare should be pruned when the average diameter of the plantation is RED PINE MARKETS In some regions of southern Ontario, markets for the small diameter material that is removed during the first thinnings has been poor in the past decade. However, new products and processing technologies are now available which have improved the market situation. Much of the smaller material is now being sold to sawmills which produce landscaping material by squaring off the tree, and treating the wood with preservatives. Landowners should investigate the local market thoroughly before making any decisions about establishing or thinning red Larger dimension products like utility poles have always found a ready market. pine plantations. It is always wise to contact local contractors or forestry consultants who may know about special, local product requirements. Larger dimension red pine, such as sawlogs, utility poles, or logs for log home construction, have always found a ready market in the past. Factors such as log quality, accessibility of the plantation, the volume of wood to be harvested, and even time of year all have a bearing on both the price and salability of your products. INSECT'S AND DISEASES As with any crop, insects and disease can damage. your plantation. Growing trees of the same species in close proximity can often provide conditions that are conducive to increased insect infestation or the spread of disease. With more than 500 species of insects in Ontario that are capable of damaging pine, as well as numerous pine diseases, preventive measures are worthwhile. In general: • conduct regular inspections of your stand to become familiar with its the normal conditions. This will help in the early detection of any problems that will affect tree health or growth. • determine the cause of any problems. You may require professional help to identify the insect or disease causing the problem. • evaluate the potential for injury or tree damage before deciding on the most appropriate control methods. Some common pests of red pine plantations include: REDHEADED PINE SAWFLY (Neodlprion lecontei) This caterpillar -like insect is probably the most serious pest of red pine plantations. The larvae have a distinctive colouration of reddish -orange heads and thinning operations. These fruiting bodies produce spores, which can infect healthy trees. This causes the roots to rot, which can swiftly kill both seedlings and mature trees. The dead trees are usually found in roughly circular patches within the plantation. To avoid infection, plantation managers may treat freshly cut stumps with fungicides. In addition, you should avoid any unnecessary damage to residual trees during thinning operations. SCLERRODERRIS CANKER (Gremmeniella abietina) There are two known strains of this fungus in Ontario. The North American strain will infect young trees but rarely kills trees over two metres tall. The European strain had been reported to kill larger trees. The first indication of infection is a reddish -orange discoloration at the base of needles in May or June. The needles also bend down. In summer, the needles and branch tips turn yellow to brown. The fungus then grows back to the main stem, where it eventually forms a canker that can kill the portion of the tree above that point. Because the fungus usually infects lower branches, pruning is an effective control measure. yellow bodies bearing six rows of black spots along the back and sides. The larvae feed in dense colonies. They may consume the entire foliage of the both the current and previous year's growth of needles. A single complete defoliation usually kills the tree. EASTERN PINE SHOOT RORER (Eucosma giodola) Adult moths of this insect emerge from their cocoons in late April, and lay eggs on the new shoots, needles or buds. The larva then enters the pith of the new growth and mines downward through the leader. This feeding causes the terminal leader to fade, then turn red, and break off. These attacks cause reduced vertical growth and distorted main stems. FOMES ROOT ROT (HO embasidion annosum) Fomes root rot can be a serious problem in pine V This fungus produces fruiting bodies at the base of living trees or infected stumps from previous Look for redheaded sawfly in June. ii WMAGM II®P!E PUNrATKW ENVIRONMENTAL CONSIDERATION Many people view red pine plantations as sterile forests management operations do not occur from April to that provide little to no environmental benefits. Research July to avoid the nesting season has shown this to be untrue. As plantations mature, they that some red pine be allowed to grow to a very old. begin to transform old field sites into forest conditions. _ age in all plantations to act as supercanopy trees The increase in organic material in the soil from the shed that new plantations be established near existing needles helps to prevent erosion from wind and water. As hardwood forests to increase the amount of interior the stand is thinned, the increase in sunlight reaching the forest conditions forest floor provides ideal conditions for native hardwood that patches of hardwoods be promoted within the and conifer species to germinate and grow. The diversity plantation, either through planting or natural of plants and animals will also increase. In order to regeneration, and maximize the value of red pine plantations for song bird that snags and cavity trees be promoted and j habitat, it is recommended that: maintained throughout the life of the stand CONCLUSION Red pine is a significant resource in Ontario and the old) have never been thinned. The trees are reaching an age supply of mature trees is increasing annually. However, where their ability to respond with increased growth and good forest management, including proper thinning, diameter to management efforts is reduced. In addition, must be carried out if the full potential of this resource many of the newer plantations on private lands which are is to be reached. less than 20 years of age will require thinning in the next decade if they are to reach their maximum potential. Existing plantations on private lands are in need of immediate attention. Many of the older stands (30 years FOR FURTHER READING • Davis, C.N., 1997. Field Guide to Tree Diseases in RELATED EXTENSION MOTES: Ontario. Natural Resources Canada. • Managing Regeneration in Conifer Plantations to ISBN 0-662-23576-2 Restore a Mixed, Hardwood Forest • Ministry of Natural Resources. 1989. Common Pests • Planning for Tree Planting of Trees in Ontario. ISBN 0-7743-9439-0 • Clearing the Way: Preparing the Site for Tree Planting • Ministry of Natural Resources. 1986. Managing Red • Room to Grow: Controlling the Competition Pine Plantations. ISBN 0-7729-0910-9 • Mulches Help Trees Beat Weed Competition Smith, DJ and M. Woods. 1997. Red and White Pine • Selling Standing Timber Density Management Diagrams for Ontario. SCSS Technical Report #48. Ministry of Natural Resources. ISBN 0-7778-5108-0 For more information contact: Produced by: ISSN 1198-3744 LandOwner Resource Contra • LandOwner Resource Centre R.P. (5k P.R., 99 05 03) P.O. Box 599, 5524 Dickinson Street With support from: Manotick, Ontario K4M 1A5 • Ontario Ministry of Natural Resources ®1999, Queen's Printer for Ontario Tel 613 692 2390 or 1 800 387 5304 • Eastern Ontario Model Forest Printed in Ontario, Canada Fax 613 692 2806 - York Regional Forest Product Ordering: 1-888-571 -INFO (4636) Cette publication est 6galement E-mail: Irc@sympatico.ca disponible en frangais. Internet: http:/A ww3.sympatico.ca/Irc 19 printed on recycled paper 14 0 .w clic c a October 28, 2002 Hi -My name is Mary Dierich and I stopped by today to ask you to sign any or all of petitions that will go to city council this month. Two will go to council tonight, so if or u would like to sign them, please feel free to stop by my house between no y 6.30 this evening to sign them. I will be out collecting signatures this morning. We fare in the New Century development at 2624 Promontory Place (one of the cul de sacs o e the open space side). n The first petition is to ask the council to stop development of the area south of Linwood until the area is studied for the best density, noise, soil and environmentalroblems an then recommends that the lot size be bigger. p d The second petition asks that no more high density (apartment buildings/condominiums) development be done. ums) The third petition which will go to council tonight asks that no high densit allowed in the Highwood development to the east of Dennis Street. y buildings be And finally, the last petition is a request for a ward system of government w guarantee that we would have representation on the city council. which would If you have questions please call me at 651-270-5317 or you can e-mail me at mdierichCa7tcinternet net Thanks -Mary -10 Petition One - We, the undersigned, are requesting the City Council of Maplewood consider placing a moratorium (6 months to 1 year) on further subdivision and zoning changes requested to be made to any property south of lower Afton Road that is presently zoned farm or served by either a well or septic system. Because these lots are typically environmentally sensitive, we are requesting that the Council direct a re-evaluation of the Comprehensive Plan for these lots to more appropriately set development density to preserve their unique topographical features and watersheds, and to consider the infra -structure needs and characteristics of the surrounding neighborhoods. Ultimately, our preference would be that all building requests, whether being done by an individual or developer, on these lots be brought forward to the Planning Commission for individual review of the building plan as R-1 zoning for this area does not preserve the unique characteristics of these neighborhoods. lh i t 10 I;k I GVe Va 51-r,5 a r Petition Two - We, the undersigned, are requesting the City Council of Maplewood to abide by the present Comprehensive Plan (dated May 2002) and deny any requests for higher density housing in the Highwood and Carver Ridge neighborhoods than already shown on the Highwood and Carver Ridge Neighborhood Land Use Maps. IJ Afvu,) && 1v 3, I S 0 w t Petition Three- We, the undersigned, are requesting the City Council of Maplewood to deny any request for a higher density zoning change to be made to the Highwood Farms Development property. It is our preference that this development be treated as a PUD or the zoning changed to residential estate. p,& q 1� 1-i�vdtf�%""...••.. l;, `'J� �A LIP I © I 0 K (t ,7710 n Ii Petition Four - We, the undersigned, are requesting the City Council to develop a Ward system for election of City Council members. This would allow better representation of districts resently not represented on the Council. r �. _6� W((c uocod Ave- '2, ve '2, 3, S� M T 19. 91 C ud Petition One - We, the undersigned, are requesting the City Council of Maplewood consider placing a moratorium (6 months to 1 year) on further subdivision and zoning changes requested to made to any property south of lower Afton Road that is presently zoned farm(or erved by either a well or septic system. Because these lots are typically environmentally sensitive, we are requesting that the Council direct a re-evaluation of the Comprehensive Plan for these lots to more appropriately set development density to preserve their unique topographical features and watersheds, and to consider the infra -structure needs and characteristics of the surrounding neighborhoods. Ultimately, our preference would be that all building requests, whether being done by an individual or developer, on these lots be brought forward to the Planning Commission for individual review of the building plan as R-1 zoning for this area does not preserve the unique characteristics of these neighborhoods. a,1 Flo 01a 4tov Petition Two - We, the undersigned, are requesting the City Council of Maplewood to abide by the present Comprehensive Plan (dated May 2002) and deny any requests for higher density housing in the Highwood and Carver Ridge neighborhoods than already shown on the Highwood and Carver Ridge Neighborhood Land Use Maps. 33 'Frn�"©An r u R Cr Petition Three - We, the undersigned, are requesting the City Council of Maplewood to deny any request for a higher density zoning chnge to be made to the Highwood Farms Development property. It is our preference that this development be treated as a PUD or the zoning changed to residential estate. Petition Four - We, the undersigned, are requesting the City Council to develop a Ward system for election of City Council members. This would allow better representation of districts presently not represented on the Council. 4f .11 VIII 01 ., a3,oa a -a6 6 Z n y �tr Qv a, Qh- I, 1 a 1 cnn iS a` t� l'�V 1> LCvltivt (0 (b \/ N S 5F 50- 1 cnn iS a` t� l'�V 1> LCvltivt C,3 cq-6a,3.S c C 6 V `vim�i ,16 N u vt 9'-fi&6Ld z -PA ctew,;a a4, /MtJ yw; 1� I►IV Vt /ewoc)� ttTt ttTt Kelly & Fawcett, P.A. ATTORNEYS. AT LAW 2350 US BANCORP PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MN 55101 PATRICK J. KELLY . Of Counsel: SONG LO FAWCETT GALLAGHER LAW FIRM CHAD D. LEMMONS ROBERT J. FOWLER (651) 224-3781 SARAH J. SONSALLA Facsimile (651) 223-8019 DAVID L. PALM E -Mail: admin@KellyandFawcett.com October 24, 2002 Ms. Melinda Coleman Assistant City Manager j City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Re: Adult Uses Dear Ms. Coleman: The following should be considered with adopting or amending a zoning ordinance to regulate adult businesses: 1. The ordinance must be content neutral. Keep in mind the city may regulate the "where" but not the "what". 2. Review studies conducted by other cities that are relevant to the problem your city is trying to address. 3. Explicitly identify the studies in the ordinance .upon which your city relied in determining that adult businesses cause certain adverse secondary effects. 4. Adopt findings setting forth the city's conclusions regarding adverse secondary effects and explicitly identify them in the ordinance. 5. The ordinance must allow a reasonable opportunity for adult businesses to locate in the city. Keep in mind that there is no bright line rule for this, and that what is reasonable may vary depending upon the specific characteristics of the city. Courts will look to the following facts when evaluating whether a zoning ordinance provides a reasonable opportunity area: a. The amount of land available for adult businesses. b. The type of land that is available. Ms. Coleman October 24, 2002 Page 2 c. The percentage of commercial/industrial land available for adult businesses. d. The potential number of sites. e. The number of adult businesses that need to be relocated. f, The population of the municipality. Cities should consider these factors and tailor their ordinance to fit the particular circumstances and characteristics of the city. Lastly, I have attached information, including recent court decisions and court rationale, which you may want to share with the Council. Please call if you should have any questions. Respectfully yours, KELLY & FAWC ETT, P.A. Patrick J.K y PJK: acg Enclosures c: Mr. Richard Fursman I. INTRODUC'IxI01'� . The U.S. Supreme Court has ruled that local governments may use their zoning powers to limit the location of adult establishments. In the landmark. case Ci of Renton v. Playtime Theatres, Inc., the Court held that cities can regulate the location of adult use businesses, but cities cannot regulate the .content of adult use businesses. See 475 U.S. 41, 53, 106 S.Ct. 925, 932 (1986). Ordinances regulating the location of. adult. use businesses must, provide for "reasonable alternative avenues of communication" for such businesses. 475 U.S. 41, 53, 106 S,Ct. 925, 932 (1986). 'The test established by the Court to determine whether an ordinance allows a reasonable alternative avenue of communication is whether the ordinance denies a person `-`a reasonable opportunity to open and operate an adult [business] within the city." 475 U.S. at 54, 106 S.Ct. at 932. -Although Renton established that cities may regulate the location of adult use businesses, Renton also established that a city cannot make the zoning requirements so restrictive that such businesses are effectively zoned out of the municipality. In Renton, the adult use business owners argued that even though 520 acres were left open by the city's ordinance, there were no "commercially viable" adult theater. sites within those 520 acres. Id. The Court disagreed, finding that. property owners "must fend for themselves in .the real estate market on an equal footing with other i prospective purchasers and lessees." Id. In Renton; the Court conclude d that the City's ordinance "easily meets this requirement." Id. Renton set forth several requirements that a- city must meet when adopting zoning ordinances regulating the location of adult use businesses.., The fol -lowing Presentation will guide those adopting ordinances for adult use businessesp er sons seeking to locate adult use businesses, and any other ply interested in the process Of adopting and complying with a valid adult use ordinance.. II. DiscussloN A z0,u&g ordk"ce must meet the test laid outby the U.S. .Supreme upreme Court A zoning ordinance regulating adult businesses must meet the following requirements: • It must be enacted without reference to content and designed gn d to serve a substantial government interest; and + It must allow reasonable alternative avenues of communication. See Renton v Playtime Theatres Inc., 475 U.S. 411 ( 986), Youn& v. American Mini Theatres � Inc:, 427 U.S. 50 (1976); United States v. _ O'Brien 391 U.S, 367 (1968). 1. The ordinance must be content neutral " and designed to serve a substantial government interest. Many cities limit the location of adult use businesses in the interest of preserving the quality of life of its residents. See 475 U.S. at 50. The U.S. Supreme Court has recognized gnized that a city's interest in _ preserving the quality of urban life, "is one that must be accorded high respect." 427 U.S. at 71. It is beyond question that a city may regulate the location of adult F.j entertainment when motivated by the "secondary effects" of the entertainment. BZAPS v. City of Mankato, 268 F.3d 603, 606 (8th �w? 4 Cir. 2001) (citing Renton). A city is not required to conduct its own << studies of the secondary effects of such businesses, nor is _a city -` required to rove the secondary p q p dart' effects of a articular adult use: See r ti Renton, 475 U.S. at 51; BZAPS, 268 F.3d at 607. A city may rely on :I studies conducted by other cities in evaluating the adverse °* �j "secondary effects," such as increased crime, of such businesses so long as whatever evidence the city relies upon is reasonably believed F s; to be relevant to the problem that the city is addressing. Id. at 51-52. If the zoning ordinance is aimed at the secondary effects of adult entertainment, it will be viewed by the courts- as a"content-neutral" time, place and manner regulation. 2. The ordinance must allow reasonable, alternative avenues of communication. A zoning ordinance regulating adult businesses must provide "reasonable alternative 'avenues of communication The Renton test for determining whether an ordinance allows a reasonable alternative avenue of communication is whether the ordinance denies a person "areasonableopportunity to open and operate an aduli [business] withinthe city.". 475 U.S. at 54. Reasonableness must be considered in the context ofthe characteristics of the city that adopted the ordinance. In Renton the Court concluded that. five percent of the land area in the city was reasonable. Although this amount of land has been considered somewhat of a benchmark, courts have upheld adult use ordinances where significantly less land was available. For example, in City of C sz-�tal v. Fantasy House, Inc., the city's adult use ordinance left only 0.9 percent of the land 'in the city' available for adult businesses to locate. See 569 N.W.2d 225 (Minn.. Ct. App. 1997). Approximately six percent of the city was zoned for commercial or industrial uses and, of that, 15 percent was available - for adult uses to locate. The court found that because of the city's predominantly residential character, such a small amount of land available for adult use businesses was reasonable. Numerous other cases have upheld adult use regulation where significantly less land than that in Renton was available for adult use businesses. See eg. Alexander v. City of Minneapolis, 928 F.2d 278, 283 (8th Cir. 1991) (6.6%. of commercial land); Hohnberg v. City of Ramsey, 12 F.3d 140,,141 (8th Cir. 1993) (35% of commercial land reasonable); Allno Entemnses; Inc. v. Baltimore. County, MD, 10 Fed. Appx. 197, 201 (4th Cir. 2001) (ordinance setting aside 0.16% of the total acres in the county was upheld; court noted that the Constitution does not mandate a certain percentage). { The circuit courts have established no bright line rule for determining whether a city has provided the requisite "reasonable opportunity" with respect to. the location of an adult use business. In Holmberg, the Eighth Circuit applied the test of "reasonable opportunity" to _. If 1: it include whether the physical characteristics of _the site present- "an unreasonable obstacle .to opening a business. 12 F.3d at 145. Solely because an available lot currently has no structure on it does not make locating a business there "unreasonable." Id. Alternatively, in Jake's, Ltd., Inc. v. City of Coates, the U.S. District Court for the District of Minnesota held that the city's ordinance was unconstitutional because it did not provide for a reasonable alternative avenue of communication. In that case, the city required that a portion of any new subdivision of agriculturally zoned land be donated as parkland. The ordinance also required adult use businesses to locate in agriculturally zoned land, but not within 750 feet of public parks. These requirements did not leave any site to which Jake's could lawfully relocate. The City later amended its ordinance to correct the deficiency by making the parkland dedication requirement nondiscretionary and permitting a developer to make a "cash park dedication" in lieu of dedicating land. Where is also no bright line test for. determining what is an adequate number of potential sites. In DI MA Corp. v. City of St. Cloud, the court upheld a jury determination that 15-17 sites_ were sufficient to provide a reasonable opportunity area for adult businesses to locate. See 562 -N.W.2d 312 (Minn. Ct. App. 1997). b A U.S. District Court for the Middle District of Florida identified five minimum standards that must be established to determine whether property is "available:" .i. The existence of a relevant real estate market; ii. Whether a site is available and part of the relevant real estate is measured in terms of "genuine possibility;" iii. When a site is pari of the relevant market, it is irrelevant whether the owner of the land will lease it to the adult establishment; iv. Factors that render the land more expensive to purchase or lease are not relevant; and v. Once the court determines the relevant market, there is no constitutional requirement setting forth how many sites or what percentage of land must be available. See Centerfold Club, Inc v CitKof Saint Petersburg, 969 F.Supp. 1.288, 1302-1303 (M.D.FI. 1997). In Centerfold Club, the court rejected. the plaintiff s contention_ that the areas identified by the city I were not available simply because restrictive covenants or master leases precluded adult establishments from locating there or because :) hazardous. wastes were located on the property. The court also rejected the city's contention that property owned .by the city could be .included in the opportunity area. Also in Centerfold Club, the court found that the existence of 19 sites was inadequate, noting that the relationship between the number of available sites and the population of the community was an important factor. Because the city's ordinance allowed only one site per 12,565 persons, the court concluded that the ratio, when compared to adult use ordinances in other cities in the state, was inadequate. Other courts have held that a city's population is irrelevant. See City of National .City v. Wiener, 3 Cal. 4th 832, 845, 838 P.2d 223, 234, 12 Cal. Rptr. 2d 701, 712 (1992), ("We find no authority that mandates a constitutional ratio of adult businesses to a particular population figure.") A The City may impose amortization requirements on adult use businesses. i i! A city may impose an amortization requirement on existing adult -use f +. businesses under htim. Stat. § 462.357, subd. 1 c. An amortization provision 4 a allows an existing business to continue to operate for a limited period after. I the ordinance goes- into effect. This is generally intended to give the ! business owner time to recoup its investment before it must relocate. The ;i Eighth Circuit recently rejected an argument that the State Statute pennitting cities to use amortization provisions requiring nonconforming adult. businesses to relocate was unconstitutional. See Jake's Ltd. Inc. v. Cily of Coates, 284 F.3d 884, 886 (8th Cir. 2002). The length of the amortization period must, be reasonable To determine the proper length of an amortization period, a City should balance the substantial government interests advanced by the ordinance with the need to provide a business a fair amount of time to recoup its investment. See, Northend Cinema, Inc. v. City of Seattle, 585 P.2d 1153, 1159-1160 (1978) (upholding a ninety -day amortization provision where plaintiffs' lease obligations were minimal, their improvements had been depreciated, and altering the use could mitigate losses). Generally, periods of a few years have been upheld. See Jake's, Ltd., Inc. v. City of Coates, 284 F.3d at 886 (finding a period of two years adequate); Holmberg v_City -of R:amsey, 12 F.3d at 144 (finding a period of little over one year adequate). There are generally two types of zoning regulations regarding adult uses. Cities may regulate adult businesses either by dispersing them. or by concentrating them. 1. Concentration Regulations: Regulations in which adult use businesses are concentrated in a specific area of the city. PRO: • The city retains greater control of specific locations for adult use businesses. • Adult use businesses can effectively be kept away from sensitive areas such as residential districts or areas in which schools, churches, synagogues, medical clinics and similar establishments may be located. • Makes patrolling easy for police. CON: Creates "red light" district in the City. 2. Dispersal Regulations: Regulations in which adult use businesses cannot be within a specified distance from certain protected uses, such as churches, schools, day care - centers and other adult uses. This is the most common form of adult business zoning regulation. The dispersal method was approved by the Supreme Court in Yom v. American Mini Theaters. Inc. FRO: Avoids "red light" district in the City. CON: Increases the exposure of adult use businesses to residential districts, schools, churches, synagogues, medical clinics and similarly incompatible facilities. ® Creates a challenge to enact an ordinance that allows sufficienti space for adult uses to locate.. This may be true especially in smaller cities where the distance requirements could drastically reduce the available land. D. Recent.l Awesota Cases. Many of Minnesota's small, medium and large communities have addressed the issue of .adult use businesses in their zoning ordinances. Although the decision in American Mini Theatres was issued in 1976 and the decision in Renton in 1986, cases concerning the zoning of adult use businesses are omnipresent in the legal system. The following are a couple of recent Minnesota examples from the Eighth Circuit: I. Jake's, Ltd., Inc. v. City of Coates, 284 F.3d 884 (8th Cir. 2002). Jake's Bar featured nude dancing in the City of Coates since 1992. In 1994, the City amended its zoning ordinances to require that sexually oriented businesses locate within an agricultural zone and not within 750 feet from uses including single- or multi -family dwellings, schools and parks, among others. The City included an amortization provision which allowed all non -conforming sexually oriented businesseslo cease operations by December 31, 1996, The City adopted its ordinance to mitigate adverse secondary effects associated with adult use businesses. Although the police activity associated with Jake's was on par with that of another -local bar that did not have nude dancing, and local property values had increased, not decreased, the court, found that the city's reliance on studies conducted by other cities was reasonable and relevant. Therefore, the city's ordinance was valid. The city did not have to conduct its own study of adverse "secondary effects" and evidence contrary to those studies did not alter the fact that the city had done its duty in considering reasonable and relevant evidence in the matter. 2. BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001). At issue in BZAPS was whether a bar could host a single adult entertainment performance. The bar sought to host a male dance revue that performed in various states of nudity. The city informed the bar that the performance would violate the City Code since adult uses were allowed only in zoning areas different from the one in which the bar was located. The Eighth Circuit reviewed the district court's grant of summary judgment for the city and held that because the city's ordinance did not attempt to change or ban a certain message but only regulated the location of where the message could be expressed, the ordinance was a ' valid. The court found that the "reasonable alternative avenue for communication" requirement was met because there were several locations in .Mankato that were open for adult uses. Further, the court found that even though the bar at issue only sought to host an adult dance performance for one night, the city could reasonably believe that such a use was related to that of an establishment that features such performances on a nightly basis. MO:RATO►RIA — PROTECTING .THE. PLANNING PROCESS Peter Tiede Murnane, Conlin White and Brandt_ St. Paul, MN 55101 651-227-9411 L INTRODUCTION _ Zoning can be one of the most difficult tasks a municipality faces. The demands that commercial and residential growth place on a municipality's zoning code can be complex and -ever-changing. In response to these demands, the Minnesota legislature has provided municipalities with the power to create a temporary moratorium (plural moratoria or moratoriums) on new projects. When properly -used, a temporary moratorium is a powerful tool that can allow a municipality to reasonably pace its growth and properly manage real estate use.. However, municipalities.must take caution so as not to exercise this powerful tool in an improper -manner. I1. THE USE OF MORATORIA IN PRACTICE A. AUTHORITY The term "temporary moratorium" has been used by Minnesota courts to describe temporary or interim ordinances which limit processes having to do with construction, renovation, or particular usage of real property. The power to pass. -temporary moratoria is derived from two distinct sources. The first source from which a municipality derives its power to enact temporary moratoria is the municipality's police powers. A municipality is empowered to adopt moratorium ordinances of limited duration through its inherent police -power.' This is a common law power not contingent upon any statutory authorization. The second source from which municipalities derive their power is found in Minn. Stat. § 462.355, subd. 4. That section provides, Subd. 4. Interim ordinance. If a municipality is conducting studies or _has authorized a study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or official controls as defined ' in section 462.352, subdivision 15, or if new territory for which plans or controls B. have not been adopted is annexed to a municipality, the governing body of the municipality -may adopt an interim ordinance applicable to all or -part of its jurisdiction for the purpose of protecting the planning process and the health., safety and welfare of its citizens-. The interim ordinance may regulate, restrict or prohibit any,use, development, or subdivision within -the jurisdiction -or a portion thereof ,fora period not to exceed one year from the date it is effective, and maybe extended. for -such additional periods as the municipality may deem,appropriate, -not exceeding a total additional period of 18 months. No interim ordinance may halt., delay, or impede a subdivision which has been given preliminary approval prior to the effective date of the interim ordinance. Minn. Stat. §462.3'55, subd. 4 '1. Minn. Stat, § 462.355, subd. 4 Does Not Supercede The Common Law Police Powers Of A Municipality to. Enact Mortatoria In Wedemeyer v. City of Minneapolis,. 540. N..W.2d 539 (Minn. App. 1995), the Minnesota Court of Appeals held that Minn. Stat. § 462.355 did not supercede or abrogate the common law police powers of a municipality to enact temporary moratoria. The court also held that Minn. Stat. § 462.355, subd. 4 was permissive, and did not prohibit less formal approaches -to enacting moratoria. Therefore, municipalities are able to enact moratoria either through their police powers or- through exercise of Minn. Stat. § 462..355. THE BASIC REQUIREMENTS 1. Requirements Under the Statutory Framework The basic statutory framework for interim moratorium ordinances is found in Minn. Stat. § .462.355, subd. 4. This statute authorizes municipalities to adopt interim ordinances that regulate, restrict, or prohibit any use, development, or subdivision within the jurisdiction of the municipality.2 In order for an interim moratorium ordinance to be effective, the following four requirements must be met: 1. The municipality must a) be conducting studies, b) have authorized a study to be conducted, OR i C. c) have held or .have scheduled a hearing forthe purpose of considering adoption or amendment of a comprehensive plan, zoning matters, or to protect the planning process as it relates to the health, safety, and welfare of its citizens. 2. The interim ordinance may reguiate, restrict, or prohibit any use, development, or subdivision within the jurisdiction or portion thereof of the municipality. 3. The period may not exceed one year from the date it is effective, and may be extended for such additional periods as the municipality may deem appropriate, . not exceeding a total additional period of 18 months. 4. No interim ordinance may halt, delay, or impede a subdivision which has been given preliminary approval prior to the effective date of the ordinance.' 2. Requirements Under the Police Power A temporary moratorium passed pursuant to a municipality's police power is probably more susceptible to legal challenge because the specific procedures and limitations have not been spelled out by the Minnesota legislature. However, Minnesota case law does spell out three requirements for temporary moratoria enacted under a municipality's police power. First, municipalities may enact a moratorium on development so long as the moratorium is of limited duration.' Second, during the moratorium, appropriate studies must be conducted or zoning ordinances must be expeditiously adopted.5 Third, the temporary moratorium must have been enacted in good faith and without discrimination. PURPOSE OF TEMPORARY MORATORIA Minnesota Statute § 462.355, subd. 4, authorizes municipalities to enact interim ordinances to protect the planning process. An interim ordinance establishes a development moratorium that, with extensions, can last up to many months. Municipalities trying to control and plan for development are heavy users of this tool. In- addition, temporary moratoria enable municipalities to conduct studies relating to the planning process in a more controlled environment that might not otherwise exist. Temporary moratoria are. especially appropriate in situations where a municipality has never developed a zoning code, needs to update outmoded ordinances, or needs to address a topic that has not previously been relevant.to that particular community.' Regardless of the. circumstance, it is important that 'municipalities exercise their authority to pass temporary moratoria only for the purpose of protecting the planning process.' A municipality may not arbitrarily enact an interim moratorium ordinance to delay or prevent a single project.' Ill. COURT DECISIONS ON TEMPORARY MORATORIA A. GENERAL STANDARDS Minnesota courts have tended to favor municipalities in upholding temporary moratoria. The burden of proving that an ordinance is unreasonable rests on the party attacking its validity.l0 A municipality may not arbitrarily enact an interim moratorium ordinance to delay or prevent a single project." Adecision to create an ordinance undera municipality's police powers is valid, so long as one of the reasons for the decision is rationally related to the promotion of the public health, safety, or general welfare of the community. A good faith effort to plan for orderly development is sufficient to show that the ordinance was not enacted in an arbitrary and capricious manner. 13 B. CASES GOING AGAINST THE MUNICIPALITY While courts have generally ruled in favor- of municipalities in upholding temporary moratoria, there are some decisions which have condemned a municipality's actions. As demonstrated in the case of Medical Services. Inc. v. City of Savage, 487 N.W.2d 263 (Minn. App. 1992), municipalities cannot act in an arbitrary manner in adopting. a moratorium. 1. Medical Services. Inc. v City of Savage, In Medical Services, the plaintiff made plans to establish an infectious waste processing facility in the `town, and applied for a special use permit. After consulting with the city attorney, the city council passed a resolution terminating the plaintiff's application for a special use permit. Three months later, the city council considered and rejected a proposed amendment to the zoning ordinance that would have made an infectious waste facility a conditional use. Two weeks after the rejection, the plaintiff commenced a declaratory judgment action seeking a declaration that the proposed facility was a permitted use, under the Savage zoning ordinance. About seven weeks afterthe plaintiffs began the declaratory judgment the city enacted a moratorium that halted issuance of building and special use permits in industrial zones. After determining that the waste facility was permitted under existing Savage zoning ordinances, the Court of Appeals looked into the validity of the interim moratorium ordinance. The court stated that while municipalities are given broad authority to enact a moratorium, a municipality may not arbitrarily enact an interim moratorium to delay or prevent a single project. The court held that the city had acted arbitrarily in the enactment of the moratorium. It based its decision on three factors. 1. The city was aware that the plaintiff had made specific plans to build a hazardous waste facility. The city_knew that the plaintiffs had applied for a special use permit. The city council also adopted a resolution indicating that the current zoning ordinance might not cover the plaintiffs' facilities. Despite knowing of the plaintiffs plans, the city did nothing to address the problem with its zoning ordinance. 2. The city council considered and rejected a proposed amendment to the zoning ordinance that would .have made an infectious waste facility a conditional use. However, the city council did not conduct further study regarding the treatment and disposal of infectious waste at that time. 3. The city enacted the moratorium only after the plaintiffs commenced their declaratory judgment action. The plaintiffs' project was the only pending project affected by the moratorium. C. CASES IN FAVOR OF THE MUNICIPALITY With Medical Services being a notable exception, Minnesota courts have tended to favor municipalities in upholding temporary moratoria. Courts have ruled that Minn. Stat. § 462.355 gives municipalities broad powers to enact interim ordinances., and have recognized that temporary moratoria are important tools in establishing zoning codes and permanent ordinances. The following cases involve situations in which temporary moratoria were upheld. 1. Duncanson v. Board of Supervisors of Danville Township In Duncanson v. Board of Supervisors of Danville Twp., 551 N.W.2d 248,252 (Minn. App. 1996), the plaintiffs decided to construct a hog feedlot on land located in a township. The plaintiffs met with the township board to discuss damage that the feedlot traffic could potentially cause to township roads. At a subsequent meeting, the township board discussed whether the township should get involved with zoning, since -the township did not have any zoning ordinances at that time. At the next meeting, which was held approximately one week later, a guest speaker described what another township had done with zoning ordinances. It was at this meeting that the township attorney first presented a proposed moratorium ordinance. The next regularly scheduled meeting occurred one week later. The township board had not planned to address the -adoption of a moratorium at this meeting. However, a number of citizens present at the meeting advocated adoption of a moratorium. After calling the township attorney, the township passed an ordinance which provided for a one year halt to the construction of animal feedlots for over 300 animal units, junkyards, salvage yards, hazardous waste facilities, mining and gravel pits, and tire recycling facilities. In looking at the validity of the interim moratorium ordinance, the court first considered whether a municipality needs to have conducted studies, authorized a study, or held/scheduled a hearing for the. purpose of considering adoption or amendment of a comprehensive plan prior to enacting the interim ordinance. The court ruled that an interim ordinance which states that a study will be conducted in conjunction with the moratorium is valid under Minn. Stat. § 462.355. The court next considered whether the township board arbitrarily adopted the temporary moratorium. In holding that the interim ordinance was valid, the court distinguished Medical Services. While recognizing that the feedlot was the only -project affected by the temporary moratorium, the court found that unlike Medical Services, the township council only learned of the proposal for the feedlot one month before adopting the interim ordinance. The moratorium was also enacted two weeks before the plaintiffs commenced their declaratory judgment action. The court also held that unlike Medical Services, which involved a city that already had, a system of zoning ordinances in place, the township in this case did not have any zoning ordinances. Without zoning ordinances, the township did not have any basis for judging the desirability or feasability of the proposed facility. The court ruled -that the interim ordinance was passed in part to remedy this deficiency, and found . that the "good faith demonstrated here to plan for orderly development ... [defeats] any objection -that this ordinance is directed at a single project. 104 Two important lessons can be learned from Duncanson. First, in enacting an interim ordinance, a municipality should demonstrate good faith to plan for orderly development. This will likely defeat an objection that the ordinance is directed at a single project. Second, an interim ordinance which simply states that a study will be conducted in conjunction with the moratorium may be valid under Minn. Stat. § 462.355, subd. 4. However, the municipality should develop specific parameters of the study to avoid later objections, 2. Wedemeyer v. City of Minneapolis In Wedemeyer v. City of Minneapolis, 540 N.W.2d 539 (Minn. App. 1995), the Minneapolis City Council adopted a moratorium ordinance on permits, licenses, and. other approvals necessary to operate pawnshops in Community Service Districts. The ordinance had ,been proposed by a city council member who explained that pawnshops "had a negative connotation and were not a good match for Community Service Districts."' The Minnesota -Court of Appeals upheld the ordinance, holding that Minn. Stat. § 462.355 is permissive in nature, and does not prohibit less formal approaches to adopting temporary moratoria.16 The court went on to rule that municipal ordinances enacted pursuant to a municipality's police power are valid, absent proof that the restriction is discriminatory or arbitrary and without a substantial relation to public health. 17 The court held that the ordinance did not exceed the city's authority, and was in fact a proper and legitimate exercise of the city's general power. The Wedern .ever court also gave deference to Almquist v_. Town of Marshan, 308 Minn. 52, 245 N.W.2d 819 (1976). There, a developer sought to develop his land. It appeared that under existing zoning that his development would be permitted. The township board was presented with a number of potential applicants, and lacking experience and knowledge in urban planning and development, the board enacted a moratorium. - The Supreme Court of Minnesota approved of the moratorium, even though the current moratorium statute had not yet been enacted. The court held that even without statutory permission, a municipality has the power under its police power to adopt moratorium ordinances of limited duration.18 ' The court held that where a municipality acts in good faith and without discrimination, a temporary moratorium on development is valid if, upon enactment, the study proceeds promptly and appropriate zoning ordinances are expeditiously adopted when it is completed.19 Wedemeyer and Almquist emphasize that the burden of proving that an ordinance is unreasonable rests on the party attacking its validity. Stated differently, municipal ordinances enacted pursuant to police powers are valid, absent affirmative proof that the restriction is clearly discriminatory or arbitrary and without any substantial relation to the public health, safety, or general welfare. 3. City of Crustal v. Fantasy House, Inc. In. City of Crustal v Fantasv House Inc.,569 N.W.2d 225 (Minn. App. 1997) the Minnesota Court of Appeals upheld an interim moratorium ordinance which prohibited adult establishments from locating within 1000 feet of residentialareas, daycare centers, libraries, parks, religious institutions, playgrounds, or other public recreational areas. Because no area in the city was not within 1,000 feet of such places, adult establishments were effectively banned from the city. The court ruled that a municipality can enact a temporary moratorium if "appropriate studies are conducted and zoning ordinances are expeditiously adopted. 1120 The court -held that the municipality's adoption of a permanent ordinance' approximately seven months after enactment of the interim ordinance was expeditious as a matter of law. The court also noted there was. no possibility that the interim ordinance was enacted to limit a -certain project since the ordinance was adopted before the municipality became aware of the proposal to operate an adult business. Finally, the court stated that "while a city can rarely ban a particular use with a permanent zoning ordinance, Minnesota law created interim zoning ordinances for just such a moratorium."21 Fantasy House shows us that we must not confuse permanent zoning with the use of a moratorium. Municipalities do not regulate uses by the proper use of a moratorium and therefore can, for a limited time, even ban otherwise protected uses. As a result,,an interim ordinance is not subject to the strict controls that apply to a permanent zoning ordinance. D. TEMPORARY MORATORIA AND TAKINGS JURISPRUDENCE Temporary moratoria have been challenged on the grounds that the moratoria constituted compensable takings. It is important to take these court decisions into consideration when voting to extend a temporary moratorium beyond its initial one year term. The 5th Amendment of the U.S. Constitution provides that "private property [shall not] be taken for public use without just compensation." Although the takings clause was initially applied only to physical appropriations of property, the Supreme court has repeatedly endorsed the idea that regulations can also be recognized as takings.22 The rationale is that to deprive one of all use and value of property through regulation is a loss even if for a limited time. 1. The U.S. Supreme Court In Tahoe -Sierra Preservation Council v. Tahoe Regional Planning Agency, the Court considered the issue of whether a temporary moratorium on development constituted a taking underthe United States Constitution. Tahoe actually involved two separate temporary moratoria, both of which were adopted to halt construction around Lake Tahoe while a planning agency sought to develop a plan to limit the environmental damage being done in and around the lake. The first moratorium essentially banned construction or any other activity that involved the removal of vegetation or the creation of land coverage on lands around the ' lake in both Nevada and California. This moratorium lasted just over two years. The second moratorium was more restrictive than the first, and began the day after the first moratorium ended. This moratorium completely suspended all project. reviews and approvals, which included the acceptance of new proposals. This moratorium remained in effect for -ei ht months when 9 anew regional plan was adopted. In all, the two _ moratoria extended for 32 consecutive months. F Plaintiffs argued that the enactment of a temporarymoratorium that has the effect of denying property owners of all economic use of their property constitutes a taking. The Court ruled that a temporary restriction that causes diminution in.value is not a taking of the entire parcel. In looking at whether a regulation has effected a taking, the Court rejected a per se rule tied to the length of the moratorium. Since temporary restrictions are not takings of the entire parcel, the majority ruled that the Court should apply the analysis adopted in Penn Centra! Transp Co v New York Citv,, 438 U.S. 104, 98 S.Ct. 2646 (1978). The Penn Central analysis involves a "complex of factors including the regulation's economic effect on the landowner, the extent to which the regulation interferes with reasonable investment -backed expectations, and the character of the government action. "23 The Court declared that any moratorium which lasts more than one year should 'be viewed with special skepticism.24 The Court also stated that not every moratorium which lasts over a year is unconstitutional, and declared that the duty of formulating a general rule for moratoria is a suitable task for state legislatures. The'united states supreme court agreed with the -district court that the 32 months required by the planning agency to formulate a regional zoning plan was not unreasonable, and affirmed the decision of the court of appeals to uphold the moratoria. 2. Minnesota Court of Appeals Woodbury Place Partners v City of Woodbury, 492 N.W.2d 258 (Minn.Ct.App. 1992) was decided nearly 10 years prior to the decision in Tahoe. The case involved a two year moratorium which prohibited acceptance or consideration of subdivision approval, site plan review, comprehensive plan amendments, or rezoning on undeveloped areas adjacent to Interstate 494. Like Tahoe, the Minnesota Court of Appeals adopted the Penn Central approach. The court ruled that a temporary moratorium did not constitute a categorical -taking of the entire property, and that temporary fluctuations in real estate values are incidents of ownership. However, because the district court ruled that the moratorium was a categorical taking., the Court of Appeals remanded the case to determine whether a compensable taking had occurred under the standards established in Penn Centra 1.25- IV. PRACTICAL CONSIDERATIONS IN DRAFTING AN INTERIM MORATORIUM A. NECESSARY CONSIDERATIONS As illustrated by these cases, the power to enact a _temporary moratorium is quite broad. However, the power is not limitless, and the margin of error can -be slight. When deciding whetherto adopt an ordinance creating a temporary moratorium, a municipality should take the following factors into consideration: 1. Is the moratorium being adopted so the municipality can participate in adopting a comprehensive plan, studying a zoning matter, or analyzing the planning process? If such plans have not already been undertaken prior to adopting the moratorium, then the ordinance should state the specific plan that will be undertaken during the moratorium. 2. Is the municipality acting in an arbitrary manner by discriminating against a certain project? First, when did the municipality learn of the proposed project? Second, have guidelines for planning and zoning already been established either through ordinances or adopted policies? Third, is the municipality acting in good faith; are there genuine concerns that the governing body intends to address? 3. What is the length of the moratorium? A municipality should avoiding creating an ordinance which does not specifically reference the period of time in which the moratorium is valid. Instead, the ordinance should state that the moratorium will remain in effect one year from date in which -the ordinance goes into effect. While the moratorium can be extended for a maximum of 18, additional months following the first year, it is very possible that such an extension will be more easily challenged in court under a takings argument.26 4. Finally, under which authority is the ordinance being authorized? If it is under the municipality's police powers, the ordinance should specifically mention that the ordinance is being passed on behalf of the health, safety, and welfare of the municipality. If the ordinance is being passed under Minn. Stat. § 462.355, subd. 4, the ordinance should specifically mention that it is an "interim -ordinance" being passed pursuant to that statute. E. PRACTICAL PROCEDURES Another area in- Which municipalities can take a proactive role in limiting the potential for litigation is through the preservation of records. A municipality can substantially strengthen its position by providing a detailed record of the. steps and considerations it took in adopting the interim ordinance. This documentation should include not only notes and reports, but also audio tapes, video tapes, photographs, or any- other piece of evidence. Together, thisevidence is a powerful tool for municipalities. Minnesota cases help to illustrate this point. In Hubbard Broadcasting Inc` v City of Afton, 323 N.W.2d 757 (Minn. 1982), the Court held that the district court properly conducted its review of certain permit denials on the record because the record was clear and complete. Id. at 761. In addition,, the Court noted that "[w]here city councils and zoning boards do not * * * make records of their proceedings as complete and formal as those of a state administrative agency or commission, the proper procedure for review before the district court provides that '[n]ew or additional evidence may be received at trial.' Honn v. City of Coon Rapids, 313 N.W.2d 409,415-416 (emphasis added)." Id. at n. 3. Swanson v. City of BloominQon, 421 N.W.2d 307 (Minn. 1988) provides the definitive law in Minnesota on this process. The court held: ...[t]hat a district court should establish the scope and conduct of its review of a municipality's zoning decision by considering the nature, fairness and adequacy of the proceeding at the local level and the adequacy of the factual and decisional record of the local proceeding.' Id. at,312-313. Where the municipal proceeding was fair and the record clear and complete, review should be on the record. Id. at 313. Where the municipal body has proposed formal findings contemporaneously with its decision and there is an accurate verbatim transcript of the proceedings, the record is likely to be clear and complete. Id. Minnesota courts dealing with moratoria issues have relied heavily on the record where it is clear and complete. In Wedemever, the court.made note of the large record including public hearings and the appointment of the Zoning and Planning Committee. Wedemeyer, 540 N.W.2d at 541. Likewise, in Duncanson, the court determined the municipality to have acted in good_ , faith by giving deference to the municipality's own records. Duncanson, 551 N.W.2d 248. The proactive role a municipality can take to create a record of transcripts and recordings that illustrate it is performing planning will likely play a significant role in court if a temporary moratorium is challenged. Under Swanson, if a clear and complete records exists to establish reasons fora municipality's decision ,the court may only look at that record. Because of this, and in addition because the burden of proving that an ordinance is unreasonable rests with the party attacking its validity, an 'aftacking party faces an almost impossible task to meet its burden. The importance of a clear and complete record should be taken very seriously. Appendix [NAME OF MUNICIPALITY] ORDINANCE NO. [XXXXX] INTERIM ORDINANCE FOR PROTECTING LAND -USE PLANNING PROCESS OF [NAME OF MUNICIPALITY] WHEREAS, this [Municipal Board] desires to protect the planning process and provide for a reasonable opportunity to study and hold hearings regarding considering adopting a comprehensive plan or official control as defined in Minn. Stat. Chapter 462; WHEREAS, this [Municipal Board] has, by Ordinance on [or prior to] this date; created and established a Planning Commission, and assigned the Planning Commission to begin the planning process; NOW, THEREFORE, the [Municipal Board of Name of Municipality] ordains: 1.. Restrictions. [INSERT RESTRICTIONS HERE] Option 1 From the effective date of this Ordinance and for a period not to exceed twelve (12) months from this date, no person, firm, partnership, corporation or other entity shall establish, locate, relocate, or undertake, within the [name of district, subdivision, or municipality] any construction of [type of activity being restricted]. [Definition section; define the activity being restricted]. Option 2 From the effective date of this Ordinance and for a period not to exceed twelve (12) months, or until such earlier time as the [Municipal board] determines by resolution that the reasons for the moratorium no longer exist, whichever occurs first, no [type of activity being restricted] shall be established within the [Name of municipality], nor shall the [city, township„ etc] receive, consider, and/or approve, any application, of any type for a [type of activity being restricted]. [Definition section; define the activity being restricted]. '>h?aizx���':�3° "'��S1.E^,„�.. .F..:4:t':»tit�e;;'ca> ;%'etro-�-�t,.�a• y:,,;«s _ 2. a � •.. %a .a � r1 u .3." �s �"r`1'y',`!lx�!�S}`R n £.i '"-�` Ea'ar YY� ^tGr-i §?�2��� •`�`4:�'�"�i4,ro •�s.d-rte R�r �'�y'sfRt. 3. Misdemeanor. Any person, firm, partnership, corporation, or other entity violating any provision of this Ordinance shall be guilty of a misdemeanor. In the event of violation of this Ordinance the municipality may institute appropriate actions or proceedings, including injunctive relief to prevent, restrain, correct, or abate such violations. 4. Effective Date and Termination. This Ordinance shall take effect upon its passage and publication and shall remain in effect for a period of twelve (12) months from the effective date of this Ordinance, unless extended as. authorized by law. Enacted by the [Municipal Board of Name of Municipality] this day of Chairperson, (Name of Chairperson] (Name of Municipalityi Attest: Seal [Name of Municipal Clerk], Clerk [Name of Municipality] NOTES 1. See, Almquist v. Town of Marshan, 308 Minn. 52, 245 N.W.2d 819, 825 (1976).. 2. Minn. Stat. § 462.355, subd. 4. 3. Id. 4. Wedemever v. City of Minneapolis, 540 N.W.2d 539, 542 (Minn. App. 1995) 5. Id. 6. Duncanson v. Board of Supervisors of Danville Twp., 551 N.W.2d 248, 252 (Minn. App. 1996). 7. Medical Services, Inc. v. City of Savage, 487 N.W.2d 263, 267 (Minn. App. 1992). 9. Id. t 10. Fantasy House, 569 N.W.2d at 228. 11. Medical Services, 487 N.W.2d at 267. 12. Wedemeyer, 540 N.W.2d at 543. I 13. Id.; Duncanson, 551 N.W.2d at 252. 14. Duncanson, 551 N.W.2d at 252. 15. Wedemeyer, 540 N.W.2d at 541. I 16. See Id. at 542. 17. Id. at 543. 18. This holding is still valid, despite the subsequent passage of Minn. Stat. § 462.3551 subd. 4. See Wedemever, 540 N.W.2d at 542. 19. Almquist, 245 N.W.2d at 826. 20. Fantasy House, 569 N.W.2d at 229. 21. Id. 22. Tahoe -Sierra Preservation Council v. Tahoe Regional Planning A enc , 122 S.Ct. 1465, 1480 (2002). 23. Tahoe, 122 S.Ct. At 1475, quoting Palazzolo v. Rhode !eland, 533 U.S. 606, 617, 121 S . Ct. 2448 (2001). 24. See Id. at 1489. 25. See footnote 23, supra. (Penn Central Analysis). 26. See, footnote 24, supra. (Tahoe footnote). #516722 r /0 --e.* 6 10�� Should The City Be Divided Into Wards Response to the Ward System 1. Census —every 10 years Re -appointment Equal representation One man/ one vote 2. Dog Catcher — vote. Should vote on that. 3. Charter City thing? 4. Larpenteur — below to South (Tartan people don't belong) 5. School District feels the same. 6. Saint Paul has it Mayor — at large. 7. Kevin Kittridge appointed. 8. Commissions have always covered all areas by council appointment to balance nova 9. Petition — put up to a vote. 10. Have public meeting and discuss. 11. Look at current council. 12. Ward system — also represent City as a Whole. 13. Publicized <Maplewood City News> 14. Public Meeting — Pro & Con ! 15. Citizens will / Should over rule the power structure / council. 16. Public Airing! 17. Most Important issue alive now in Maplewood. 18. What about office in South Maplewood ---- Closed? > Representation would do away with that argument? 19.Population count in areas. 20. Tier — approach 2 for 2 areas and 2 for 2 areas 21. The further you get from City Hall the deeper the problem. 22. What if the 4 brightest are all down South of 3M? 23. County Board is districted. Legislature — districted. Federal Government is districted. 24. Find other odd shaped cities and see what they do? 25. Put up for a vote at the next election? CITY OF MAPLEWOOD, MINNESOTA STRA TEGIC BUSINESS PLAN FOR FIRE AND EMS SERVICES PROPOSAL THE MERCER GROUP. INC. PMB 511 5579B Chamblee Dunwoody Road Atlanta, GA 30338 770-551-0403 Phone 770-399-9749 Fax mercer@mindspring.com February 22, 2002 The Mereer Group, Inc. Consultants To Management February 22, 2002 Mr. Richard F. Fursman City Manager City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear Mr. Fursman: PMR 511 55798 Chamblee Dunwoody Road Atlanta, Georgia 30338 (770) 551-0403 FAX (770) 399-9749 E-mail: mercerCa)mindspring.com The Mercer Group, Inc. is pleased to present our proposal to assist in the preparation of a Strategic Business Plan for Fire and EMS Services, which also includes how to effectively integrate the Emergency Management program into the Fire Department. This cover letter provides a roadmap to the proposal and summarizes key points. Proposal Overview Our proposal is based on the request for information from Chief Steve Lukin, and our meeting with you and the Fire and Police Chiefs on February 5, 2002. At that meeting we discussed the City's needs and our capabilities, as well as toured the new Dispatch Center and the Headquarters Fire station. On February 22, Chief Lukin briefed me by phone on the merger of the Emergency Management program into the Fire Department, and the need to add this function to the project. Our proposal responds to your needs as defined by phone and at our meeting, and includes the following chapters: I. UNDERSTANDING OF THE PROJECT H. SUMMARY OF OUR APPROACH III. WORK PLAN AND SCHEDULE IV. PROJECT MANAGEMENT AND STAFFING V. SUMMARY OF QUALIFICATIONS VI. COST PROPOSAL We also provided other information about the Mercer Group in a prior mailing, which included a Model Proposal and our Qualifications Statement. Additional copies of our Qualifications Statement are available on request. ATLANTA • EAST LANSING • PHOENIX • RALEIGH SANTA FE • WACO • WASHINGTON www.mercergroupinc.com Mr. Richard F. Fursman February 22, 2002 Page 2 Strengths of the Mercer Group, Inc. The Strengths of our Firm are Experience and Tools, People, Projects, Commitment, and Independence: ➢ EXPERIENCE AND TOOLS: Having worked in the public sector for over 25 years, we have the knowledge and experience to fully understand and meet your needs. We have developed project -tested methods, surveys, questionnaires, and other tools to make recommendations that provide long-term benefit to the City. Chapters I, H, and IH fully lay out our Understanding of the Project, Approach, Work Plan, and Schedule. ➢ PEOPLE: Technical skills of the Mercer team include strategic planning; governmental management; finance; information systems; resource management; and Fire and EMS management. Chapter IV provides more information on Mercer Group consultants and the role of City staff on the project. Key members of our project team are: L Jim Mercer, the Mercer Group's President/CEO and our project director, has consulted with the public sector for over 25 years on over 250 management studies and over 500 executive recruitment assignments. He started his career as an Assistant City Manager in Raleigh, North Carolina, and has a deep understanding of the workings of local government. He literally wrote the book on strategic planning in the public sector, "Strategic Planning for Public Managers." Steve Egan, our project manager, is a former local government budget official and has worked on over 125 other public sector consulting projects in twenty years of management consulting. His speech and workshop on "The Strategic Management Process" integrates strategic planning, goal -setting, resource allocation, operations and resource management, and performance measurement and reporting into a seamless and recurring process. Fire and EMS Specialist: Chief Dave Hawkins of the East Point, Georgia, Fire Department will be our Fire and EMS specialist for this project. City Support: The Maplewood Fire and Police Chiefs, and their staffs, will be involved in gathering data, analyzing statistics, projecting future demands for services, and other roles. Our goal is to use an integrated team of consultant and City resources in developing the Strategic Business Plan. _ Mr. Richard F. Fursman February 22, 2002 Page 3 ➢ PROJECTS: Our firm has extensive consulting experience with state and local governments on over 350 management studies nationally. Chapter V provides a more complete description of our qualifications. We conducted service delivery structure, planning, operations improvement, and other studies for the following, and other, communities over the past ten years, many involving Fire and EMS agencies: Atlanta, Georgia: Advice to the Fire Chief on strategic and operational plans and analysis of user fees. Bowling Green, Kentucky: Comprehensive management and operations study — for the Public Works Department in this community of 50,000 -population. Companion assessment of how water, sewer, and electric utilities in and around Warren County, Kentucky, could more effectively work together in delivering services to customers. Charlotte, North Carolina: User Fee Policy Study for Engineering, Fire, Planning, and Transportation Department regulatory services. The study involved focus groups with customers and stakeholders, an analysis of cost accounting methods, and recommendations on pricing strategies. East Point, Georgia: Strategic Planning facilitation, several Human Resources projects, and Police and Fire Management and Operations studies. Fulton County, Georgia: Assistance to the Fire Departments in transitioning from a volunteer to a professional workforce and assistance to the Fire and Police Departments in shifting from a City of Atlanta contract operations to County departments. Milwaukee, Wisconsin: Management and Operations studies of the Administration, Engineering, Forestry, and Water Works Divisions of the Public Works Department, and an agency -wide management organization study. Teambuilding Workshops for all 451 Water Works employees. Reengineering of administrative functions and processes. Review of position classifications, job descriptions, and business practices to facilitate the efficient utilization of DPW employees. New Orleans, Louisiana: Fire Management and Operations study St. Paul Regional Water Services: Utility -wide Management, Operations, and Competitiveness Assessment of this 90,000 account regional water utility. Spokane, Washington: Management and Competitiveness study of the Water and Hydroelectric Department. Mr. Richard F. Fursman February 22, 2002 Page 4 Midwest Clients: The Mercer Group and/or its associated consultants conducted strategic planning, organization and staffing, operations improvement, human resource management, and executive search projects for the following cities and counties in Midwest states: Ann Arbor, Michigan Planning Workshop Becker County, Minnesota Countywide Management study — Carlton County, Minnesota Human Services study Cedarburg, Wisconsin Administrative Support Services study Davenport, Iowa Assisted Housing Program — Decatur, Illinois Classification and Compensation study Fairmont, Minnesota Planning Workshop Hamilton, Ohio Citywide Organization study — Hoyt Lakes, Minnesota Organizational Culture Assessment Kenosha, Wisconsin Engineering Services study Kenosha County, Wisconsin Management Organization study Milwaukee, Wisconsin Public Works studies Minnetonka, Minnesota Executive recruitment Niles, Illinois Public Works study — Oak Park, Illinois Code Enforcement and Health Overland, Kansas Streetlight Maintenance study Portage County, Wisconsin Sheriffs Department study _ Ramsey County, Minnesota Executive recruitment Ramsey/Anoka Counties, Minnesota Training Workshops St. Louis County, Minnesota Strategic Planning and Teambuilding r St. Louis Park, Minnesota Planning, Housing, and Community Development study St. Paul, Minnesota Water Utility study _ Saline County, Kansas Planning Workshop Springfield, Illinois Classification and Compensation study — Stoughton, Wisconsin Utilities study Sun Prairie, Wisconsin Parks and Public Works study Two Rivers, Wisconsin Library study .. Virginia, Minnesota Utilities study Waukesha, Wisconsin Citywide Organization study West Des Moines, Iowa Public Works study .. Winona County, Minnesota Countywide Management study Worthington, Minnesota Planning Workshop Mr. Richard F. Fursman February 22, 2002 Page 5 ➢ COMMITMENT: Our project team is devoted exclusively to improving the management .. and services of state and local governments. As former local government officials, we have been studied ourselves and are committed to preparing a report that is fair, practical, useful, and implementable, and that offers tangible benefits to the City. ➢ INDEPENDENCE: Our firm is a professional consulting firm that is not connected to any Minnesota agencies, businesses, computer systems or services vendors, suppliers, or contractors. We will provide objective and independent recommendations to the City. Thank you for the opportunity to propose on this important project. If you have any questions or require additional information regarding our proposal, please call Jim Mercer, project director, at (505) 466-9500, or Steve Egan, project manager, at 770-425-1775. Very truly yours, THE MERCER GROUP, INC.a Stephen D. Egan, Jr. Senior Vice -President L UNDERSTANDING OF THE PROJECT This chapter of the proposal describes our understanding of the current situation and the project's purpose, objectives, scope, issues, deliverables, and schedule. CURRENT SITUATION This section of the proposal presents an overview of the three City services to be incorporated into the Business Plan. Fire Services Historically, fire services in Maplewood have been provided by three independent, volunteer _ companies. In the late 1990's these three companies were merged and fire services operated as a City department. Except for the cadre (Chief, Assistant Chief, and Fire Marshal), all fire fighters are volunteers, making Maplewood the only department in large Minnesota cities with an all volunteer workforce. Over 100 volunteer fire fighters work for the City of Maplewood at a pay rate of $12 per call. We understand the City is about to approve six full-time fire fighter positions to work the day shift, the time period most difficult for volunteers to respond. Emergency Medical Services Maplewood EMS, with Advanced Life Support (ALS) and an ALS ambulance service, is the sixth largest operation in the State of Minnesota. EMS is operated by the Maplewood Police Department, one of only three Minnesota cities with Police -operated EMS services. The EMS service responds to over 2,000 medical calls each year. Fifteen of the department's forty-six officers are trained as paramedics. These paramedics are supported by four civilian Community Service Officers/Paramedics, as well as by Emergency Medical Technicians (EMT) in the Fire Department, who provide Basic Life Support (BLS) and BLS transport. Regions Hospital provides medical direction for the EMS operation. Emergency Management On January 1, 2002, the Emergency Management program was merged into the Fire Department. In the past, a part-time Emergency Management director and assistant director, with support staff, operated this $100,000 program independently of other City departments. The challenge now is to My and effectively integrate this program into the Fire Department. The Mercer Group, Inc. 1 Proposal to City of Maplewood PROJECT OVERVIEW This section of the proposal reviews the Need, Purpose, and Scope of the Project, defines Project Issues to be studied; and documents the Project Schedule and Deliverables. Need Purpose, and Scone of the Project The City Manager, Fire Chief, and Police Chief indicate that today is a good time to consider the future of Fire, EMS, and Emergency Management services, and to develop a Strategic Business Plan. Recent changes impacting these services and creating a new long-term direction include: _ 1. Consolidation of Volunteer Departments: Consolidation of the three independent departments and City operation has had time to settle in. 2. Establishment of Full-time Fire Fighter Positions: Full-time fire fighters positions have just been introduced, marking the first modification of the all -volunteer philosophy. 3. Increasing Police Responsibilities: Police's patrol, crime prevention, and investigation responsibilities and activities are increasing. 4. Dispatch Brought Back from County Operation: Dispatch has been brought back under City control. 5. Consolidation of Emergency Management: The Emergency Management program has been merged into the Fire Department effective January 1, 2002. As a result, the City Manager and the Fire and Police Chiefs asked the Mercer Group, Inc. to prepare a proposal for assisting in and facilitating the development of the Fire and EMS Strategic Business Plan. The Mercer Group, Inc. 2 Proposal to City of maplew000 Proiect Issues In our Management and Operations studies, we review the following Fifty Management Issues that are at the core of efficient and effective delivery of public service. Bolded issues will be reviewed and incorporated into the Strategic Business Plan. Governance 1. Legal structure/form of government 2. Role of governing and advisory boards and committees 3. Staff support to these boards and committees 4. Policy making and decision making processes 5. Identification of and compliance with legal, regulatory, and policy requirements Service Delivery Structure 6. Organizational location of services and activities both in and outside the city 7. Interdepartmental cooperation among city government departments S. Intergovernmental cooperation across the region 9. Use of alternative service delivery opportunities, such as interlocal agreements, contracts, and privatization 10. Comparison with industry best practices, benchmarks, and Mercer's regional and national experience Planning 11. Strategic planning process compared to the Mercer Model 12. Alignment of vision, mission, strategies, long-term goals, and short-term objectives 13. Capital projects planning process, documents, and oversight 14. Financial planning and budgeting processes, documents, and oversight 15. Operational planning processes, documents, and oversight Management Organization and Practices 16. Senior management organization structure 17. Internal workings of the management team 18. Management reporting and communications 19. Documentation of policies and procedures 20. Customer and stakeholder relations and communications 21. Organizational culture and values 22. Management philosophy and labor-management relations The Mercer Group, Inc. 3 Proposal to City of Maplewood Operations Management 23. Work standards and specifications 24. Work planning and scheduling 25. Unit and crew organization and staffing 26. Job classifications, roles, and duties equipment, tools, technology, communications, and 27. Adequacy of facilities, materials 28. Unit and crew supervision 29. Unit and crew operations, work flow, productivity, and cost-effectiveness 30. Yard, technical support, and administrative support operations 31. Activity and performance reporting and analysis 32. Emergency management program, plans and processes Resource Management 33. Human resources management policies, practices, and processes 34. Training and career development program 35. Safety and risk management program 36. Employee and labor relations 37. Financial management and reporting 38. Financial transactions and processes 39. Project and activity cost accounting 40. Rates, fees, charges, and cost recovery practices 41. Internal service fund operations and charges 42. Information systems management and support services 43. Computer and technology applications (hardware and software) 44. Records management, including documents, mapping, and GIS 45. Purchasing and materials management 46. Warehouse and stores operations 47. Facilities management 48. Facility and grounds maintenance operations 49. Fleet and equipment management 50. Equipment specifications, procurement, and replacement The Mercer Group, Inc. 4 Proposal to City of Maplewood Project Schedule The Project Schedule will require three to four months from project kick-off to delivery of the final report. The detailed schedule by task, with time frames and milestones, is presented in Chapter III after the Work Plan. The schedule provides time for: ➢ A Kickoff meeting, followed by periodic status meetings and reports. ➢ City employees to complete questionnaires and surveys and Mercer to process the surveys. ➢ On-site interviews, focus groups, and site visits. ➢ Data collection, research, and benchmarking. ➢ Analysis of information and data collected during the study. — ➢ Development of preliminary findings and alternatives, and preparation of a draft report. ➢ Review of the draft report by the City. ➢ Preparation of a final report, followed by a final presentation, if requested. Proiect Deliverables The consultant will be responsible for the following Deliverables as defined in the RFP: — ➢ Interim Status Reports: These reports to the Project Steering Committee will be delivered at key project milestones to be defined at the project kickoff meeting. Typically, we prepare these reports monthly during our Fact Finding activities and when we review draft deliverables. ➢ Draft and Final Reports: At least ten bound copies of the Draft and Final Reports for — the project, which detail our findings, recommendations, and implementation plan. The Draft Report will be delivered within 90 days of the project kickoff meeting. The City will be prepared to review the draft within two weeks of its delivery. The Final Report will be delivered within ten business days of our receipt of the City's response to the Draft Report. — ➢ Presentation: A presentation to the City Council and other related committees at the conclusion of the project, if requested. The Mercer Group, Inc. 5 Proposal to City of Mapiew000 II. SUMMARY OF OUR APPROACH The key elements of our approach are summarized in this chapter of the proposal. PROJECT We will assign a high -qualified and experienced project team that will include: ➢ James L. Mercer, project director. ➢ Stephen D. Egan, Jr., project manager. ➢ Consultants: Other management, financial, and information systems consultants from the Mercer Group as needed to meet the project's objectives. Dave Hawkins, Fire and EMS specialist, will work on this project, as needed, to ensure the Strategic Business Plan effectively addresses all strategic challenges, issues, opportunities, and options. Our key team members have over 75 years of work and consulting experience with state and local governments. A description of the role and qualifications of each member of the team is provided in Chapter IV. PARTICIPATIVE APPROACH We emphasize a participative approach that involves a wide range of officials, managers, employees, stakeholders, and citizens/customers to gain a 360 degree understanding of the current organization, community needs, and strategic issues. Project management activities include regular status meetings and reviews of preliminary deliverables in order to confirm the accuracy of our findings, develop a consensus on recommendations, and foster a commitment to implementation. We recommend that our clients appoint a Project Steering Committee to monitor the progress of our work and review draft deliverables, as well as a Project Liaison to provide logistical support. During the project we normally contact or meet with the Project Liaison biweekly and the Steering Committee monthly or at key milestones, such as the end of Fact Finding, ten days after issuance of the Draft Report; and after delivery of the Final Report. The Mercer Group, Inc. 6 Proposal to City of Maplewood STRUCTURED WORK PLAN The proposed work plan and schedule that follows is based on work plans tested on other projects and tailored to the specific needs of each client. The work plan emphasizes: ➢ A reasonable project schedule that provides adequate time on site and interaction with client staff, with limited intrusion on operations. ➢ Application of tested project tools, such as interview guides, questionnaires, operations guidelines, and management principles, as appropriate for each study. ➢ Effective use of the varied skills of the project team. Project -Tested Methods and Tools In the course of over 350 management and operations studies for state and local governments, we have developed a series of project -tested analytical methods and tools, many of which will be applied on this project. Our analysis will be based on several Models and Principles for Managing Public Sector Organizations: ➢ The Strategic Management Process, a general model for managing in the public sector. ➢ The Mercer Group's Models for organizational effectiveness and efficiency: ♦ Strategic Planning Model ♦ ORGRIGHT Process for Organizational Transformation and Reengineering. ♦ Integrated Management System to ensure missions and plans achieve quality results. ➢ A set of Management Principles on which we base our recommendations for management and operational improvements. ➢ A set of over Fifty Administrative and Resource Management Issues that supplement the Fifty Management Issues identified earlier in the proposal. The Mercer Group, Inc. 7 Proposal to City of Maplewood Fact Finding Tools that could be used on the project include: ➢ Structured Interview Guides for elected officials, senior managers, employees, and customers/stakeholders. ➢ Organizational Climate Survey: We plan to apply our proprietary tool to measure the organizational and cultural health of the Fire, EMS, and Emergency Management programs. Each employee (full-time and volunteer) will complete an Organizational Climate Survey. The OCS will identify participants by numeric codes, not names, and will be returned to the Mercer Group in sealed envelopes. The OCS is based on sixty key indicators, each of which is scored by survey respondents as "Strongly Agree, Agree, Undecided, Disagree, or Strong Disagree." In processing the OCS, five of the sixty questions are grouped into each of the following twelve sub -scales: 1. Understanding of city and department goals and strategies 2. Information and communications 3. Management receptivity to change 4. Management and supervisory capabilities 5. Work group problem solving 6. Work group coordination and cooperation 7. Employee involvement 8. Productivity and service quality 9. Quality emphasis 10. Working conditions 11. Compensation and benefits 12. Career opportunities The survey results will be compiled by the twelve sub -scales, and presented by these two reporting classifications: ♦ Organizational Categories and, in Fire, Sub -Categories: Fire (Administration and each station), EMS, and Emergency Management. ♦ Employee Types: Supervisors (directors and Captains and above) and other non - supervising employees (Fire Fighters, Paramedics, and the like) Once preliminary results are available, they will be compared to survey data from other Mercer Group clients and reviewed with City managers and employees to ensure we fully understand the issues raised by the OCS scores. The Mercer Group, Inc. 8 Proposal to City of Maplewood ➢ Employee Questionnaires and Surveys: In many studies, we ask each employee to complete a questionnaire to communicate their view and opinions of. • Their experience and future goals The vision, values, mission, goals and objectives, and departmental performance • Job duties, backlogs, and misassigned work • Reporting relationships, and internal and external working relationships Time spent on major tasks • The adequacy of resources (facilities, equipment, personnel, finances, materials) • Management and operational issues • Employee relations and morale The questionnaire includes several important Analytical Tools that can be applied as a part of the full questionnaire or separately. We expect only to use these tools in the Maplewood project. • Values Survey, a tool to document if values have been defined and implemented. • GRIPES Survey, a tool to document employee attitudes toward Growth and training, Respect and recognition, Information, Potential tapped, Empowerment, and Support. • Resources Survey, a tool to document employee ratings of resources provided and human resource management functions. • Management Philosophy Profile to assess and modify each manager's and supervisor's philosophy towards relationships with subordinates in order to gain greater adherence to organizational values and foster accomplishment of the mission. In addition, two members of our team have written or are writing nationally distributed books and articles on managing in the public sector, which represent our philosophies and principles both as consultants and managers: ➢ Jim Mercer has written over fifty article and six books on managing in the public sector, including books on strategic planning and public management systems. ➢ Steve Egan is developing his ideas, articles, and speeches on the Strategic Management Process into a book that pulls together recommended approaches to strategic planning, goalsetting, resource allocation, administrative and operations management, performance reporting, quality assurance, organizational culture, and managing in the public sector. The Mercer Group, Inc. 9 Proposal to City of Maplewood III. WORK PLANAND SCHEDULE This section of the proposal describes each task and deliverable in the work plan, and defines a schedule for timely completion of all deliverables. WORKPLAN The Work Plan is organized into five tasks and a number of subtasks. A project schedule follows the work plan. Tasks or subtasks assigned to The Mercer Group are clearly identified. Task 1: Proiect Initiation and Management. The purpose of Task 1 is to start the project with full agreement on objectives and scope, Work Plan, schedule, and deliverables; _ collect basic data on the organization; and perform ongoing project administration. Subtasks are: ➢ Subtask la: Project Kickoff. The project manager team will meet with the Project Steering Committee and Liaison to confirm project objectives, scope, work plan, schedule, and deliverables; schedule initial factfinding meetings; and arrange logistics. At, or before, this meeting, the City is encouraged to give each affected employee a memo describing the study and his or her role in it. We will provide a draft of the letter to the City. ➢ Subtask lb: General Research. We will collect and analyze materials that relate to the study's objectives. Specific information that we will gather at Kickoff includes: • Descriptions and diagrams of planning processes, and copies of strategic plans • Roles and duties of boards, commissions, committees, and advisory groups • Codes and regulations, budgets, financial reports, and fee schedules • Organization and staffing plans, job descriptions, pay and benefit plan • Reports, brochures, statistics, performance measures, and studies • Inventory of computer equipment, applications, and infrastructure • Inventory of facilities and equipment ➢ Subtask lc: Questionnaires and Surveys (Mercer). We will work with the management team to tailor, distribute, and collect questionnaires and surveys. Mercer will open and process the surveys and review and analyze the results. The Organizational Climate Survey and Analytical Surveys will be distributed as soon as possible after the contract is approved (perhaps before the Kickoff Meeting), and the preliminary results will become the foundation for employee interviews in Task 2. _ ➢ Subtask 1d: Project Management (Mercer). The project director and manager will perform ongoing project management tasks such as client status meetings, billings, internal administration, planning, and quality control. The Mercer Group, Inc. 10 Proposal to City of Maplewood Task 2: FactfindinL. The purpose of this task is to document current practices and resources and to develop data for analysis in Task 3. Subtasks are: ➢ Subtask 2a: Assessment Interviews with City Officials and Department Staff (Mercer). The consultant will interview the Mayor, members of the City Council, City Manager, Fire and Police Chiefs, and Emergency Management director to identify and understand major policy, regulatory, management financial, and resource management issues affecting the project. Once questionnaires and surveys are returned, we also will interview as many employees as possible, likely in groups by station and shift. The PRODUCT of these interviews is a series of community, service delivery, management, organization and staffing, operational, resource management issues, opportunities, and challenges that need to be addressed in the Strategic Business Plan. ➢ Subtask 2b: Functional Organizational Analysis (Mercer). We will develop a profile of services and service delivery mechanisms, the functional organization plan, and department and program responsibilities through: • Interviews with managers and supervisors to understand responsibilities and services; identify interrelationships with other departments, contractors, and local government _ agencies; and document direct and indirect reporting relationships • Similar interviews with related departments, contractors, and agencies (like Regions Hospital) to confirm interrelationships and identify any overlaps or gaps in services The PRODUCT of this subtask will be a "Responsibility Map" that identifies service gaps and overlaps, duplication of effort, functional fragmentation, misplaced functions, communication barriers, and other organizational issues. The Map will differentiate legal and mandated requirements, as well as organizational and mission -related requirements. ➢ Subtask 2c: Organization and Staffing Analysis: We will meet with the department directors and supervisors to document and review: • Organization plans, staffing plans, work assignments, work load, etc. • Employee job descriptions • Supervisory philosophy and practices The PRODUCTS of this subtask will be two analyses, which will be conducted where of benefit to the project: • A "Span of Control Analysis" to document reporting relationships and measure the number of employees supervised by various positions • A "Management Practices Analysis" to identify areas of management philosophy, practices, and communications that need improvement The Mercer Group, Inc. 11 Proposal to City of Maplewood ➢ Subtask 2d: Operations Analysis. We will familiarize ourselves with and document current operations and services through: • Meetings with supervisors and employees to review current practices • Inspection of facilities and equipment • Review of policies, procedures, forms, reports, systems, and workflow • Analysis of operational, workload, and financial data • Comparison of local practices with our national database and experience developed during other studies The PRODUCTS of this subtask will be a list of operational strengths and weaknesses that need to be addressed in the Strategic Business Plan. ➢ Subtask 2e: Resource Management Analysis. During our management and departmental meetings in Subtasks 2a through 2d, we will collect information and review policies on how administrative and resource management services are provided internally and by central City support agencies. These services include Finance, Purchasing, Human Resources/Personnel, Facility and Equipment Management, Information Systems, and the like. The PRODUCT of this subtask will be development of a list of administrative, financial, and resource management issues and opportunities that need to be addressed in the Strategic Business Plan. ➢ Subtask 2f: Benchmarking. As beneficial to the study, we will analyze data on management, operations, and finance collected by the City from up to four comparable communities. The data will relate to services provided, service delivery structure, organizational and staffing structure, and use of contractors. The PRODUCT of this analysis will be a spreadsheet presentation of key data elements and a narrative discussion of lesson for the City. ➢ Subtask 2g: Stakeholder Interviews and Focus Groups (Mercer). During our management and departmental meetings in Subtasks 2a through 2e, we will document and review customer service policies, practices, procedures, and systems. In this subtask, we will review the structure and operations of citizen and regulatory boards, commissions, and committees through meetings with chairs of these groups, as needed, to supplement our discussions with management and elected officials in Task 2a. The Mercer Group, Inc. 12 Proposal to City of Maplewood Also, we will conduct Focus Groups with representatives of stakeholder and customer groups. Typically, these groups include: .. • Customers, citizens, and neighborhood groups • Business and development -related groups • Collaborative partners and allied providers .. • Regional and local public agencies • Community institutions (e.g. university, community college, YMCA) A final list will be developed during the Project Kickoff meeting. We expect that most of these interviews can best be accomplished in group settings, requiring about four to six separate meetings of up to 1.5 hours each. Each major board/commission and regional/local agency may require a separate interview. The PRODUCT of these interviews and focus groups is an evaluation of service quality and productivity based on five criteria: • Customer responsiveness • Professionalism of staff • Fairness and equity of regulations and procedures • Quality, efficiency, and timeliness of service • Mission achievement ➢ Subtask 2h: Compilation of Information. We will compile, review, and evaluate information gathered to date and meet as a team to compare notes and define issues. The PRODUCT of this subtask will be a preliminary list of issues, needs, and opportunities. ➢ Subtask 2i: Status Reports. Based on activities to date, we will meet with the Project Steering Committee, monthly or at key milestones to review project activities to date and discuss preliminary findings and issues identified during Tasks 1 and 2. The purpose of this task is to ensure that Mercer and the Steering Committee agree on core facts and issues before we begin Analysis and Draft Report preparation in Task 3. The Mercer Group, Inc. 13 Proposal to City of Maplewood Task 3: Analysis, Development of Findings and Recommendations, and Draft Strategic Business Plan. The purpose of this task is to analyze Task 1 and 2 data, develop findings and preliminary recommendations, and prepare a draft report. ➢ Subtask 3a: Analysis of Fact Finding Information. We will analyze survey, organizational, operational, technical, financial, comparative, and other data to support preparation of several components of the Business Plan: Governance • Role of commissions and committees • Impacts of laws, regulations, and policies • Management reporting and communications Strategic Management • Strategic planning process • Long-term vision, mission, strategies, initiatives, and values • Short-term goals and objectives Functional Organizational Structure • Service/functional alignment across departments • Role of contractors and inter -local agreements • Alternative service delivery approaches Organization and Staffing • Management organization plan • Staffing levels, allocations, roles, duties, skills, and experience • Current and projected workload levels Operations • Operational strengths and weaknesses • Efficiency, effectiveness, and quality expectations for work products and services • Performance measures and reports Resource Management • Adequacy of current resources and future resource needs • Adequacy of internal (to departments) support services • Adequacy of central finance, human resources, fleet management, facilities management, information systems, and other administration support services During this subtask, our team may revisit the City to follow-up on open items, collect additional data, or seek clarification of information gathered earlier in the project. The Mercer Group, Inc. 14 Proposal to City of Maplewood _ ➢ Subtask 3b: Findings and Preliminary Recommendations. We will compile our findings and develop preliminary recommendations. _ ➢ Subtask 3c: Review of Ideas and Alternatives. As an adjunct to one of our regular status meetings we will review and critique preliminary findings, analyses, alternatives, and recommendations with the Project Steering Committee and selected employees. ➢ Subtask 3d: Draft Strategic Business Plan (Mercer). Our findings and preliminary recommendations will be documented in a written, draft report, which will be sent to the Project Steering Committee for review. Task 4: Management Review. The purpose of this task is to review the draft report with the Project Steering Committee. We expect that the Committee will complete its review within ten working days of receipt of the draft report. Key members of the project team will meet with the Committee to walk through the report to identify areas needing correction, further explanation, expansion, or modification, to discuss alternative recommendations, and to identify implementation issues and timetables. Task 5: Final Report. The purpose of this task is to prepare and present our final report. ➢ Subtask 5a: Final Report (Mercer). We will incorporate all required changes identified in Task 4 and issue at least ten copies of the final report to the City. The final report will include an implementation plan. ➢ Subtask 5b: Final Presentation (Mercer). We will present our final report to the City, if requested by the Mayor or City Manager. The Mercer Group, Inc. 15 Proposal to City of Maplewood PROJECT SCHEDULE The proposed project schedule is based on the assumptions that City officials and employees will — be reasonably available for interviews and site visits and that the Steering Committee will be able to review and comment on the draft reports within ten (10) days of receipt. A four-month project schedule for the project is presented below by task. Task and Description Start Finish Milestone — Proiect Management Ia. Kickoff Week 1 Week I Meeting lb. Research Week 1 Week 4 lc. Questionnaires/Surveys Week 1 Week 4 Id. Administration Week 1 Week 16 Factfinding 2a. Assessment Interviews Week 1 Week 4 2b. Functional Organization Week 1 Week 7 _ 2c. Organization and Staffing Week 1 Week 7 2d. Operations Week 1 Week 7 — 2e. Resource Management Week 1 Week 7 2f Benchmarking Week I Week 7 2g. Stakeholder Interviews Week 4 Week 7 — 2h. Compile Information Week 4, 9 Week 4, 9 2i. Status Report Week 5, 10 Week 5, 10 Status report _ Analysis 3a. Analysis Week 9 Week 10 3b. Preliminary Findings — and Recommendations Week 10 Week 10 3c. Review of Ideas Week 10 Week 10 3d. Draft Report Week 11 Week 12 Draft Report Management Review 4a. Client Review of Draft Week 13 Week 14 — 4b. Draft Review with Mercer Week 15 Week 15 Meeting Final Report — 5a. Final Report Week 15 Week 16 Final Report 5b. Presentation Week 16+ Week 16+ Presentation The Mercer Group, Inc 16 Proposal to City of Maplewood IV PROJECT MANAGEMENT AND STAFFING This chapter of the proposal identifies the project team and client responsibilities. - PROJECT TEAM The Mercer Group and our project specialists regularly team on management, operations, information systems, and reengineering projects. We believe that the combination of Mercer's management consulting skills in strategic planning, finance and budgeting, and management and operations of local government departments and our technical staffs work experience in police, fire and EMS, public works, finance, and information systems and technology create a team that "covers all the bases" for a study of this kind. The project team includes the project director, project manager, management and technical specialists, and consultants from the City who are described below. Note that all members of _ the Mercer Group team and technical specialists will be hands-on participants in the study and have personally conducted the similar projects listed in the Cover Letter, Chapter V, and the separately provided Qualifications Statement. Management Team — Project Director: James L. Mercer CMC, founder and president of the Mercer Group, will direct the project and be responsible for the quality of our services. He also will contribute to the review of strategies, organizational, and management issues. A former local government official, — Mr. Mercer has worked on over 250 state and local government management consulting projects in a twenty-five year consulting career. Additionally, he has authored over 200 articles and five books, including Public Management Systems, Managing Urban Government Services, and Strategic Planning for the Public Sector. Project Manager: Stephen D. Egan, Jr., a Mercer Group senior vice-president, will manage the project and serve as a consultant. He is a former Fulton County, Georgia, Budget official whose responsibilities included analysis of department budget requests, internal consulting, and special projects for the County Manager and Board of Commissioners. In twenty years of consulting with state and local governments, he has performed over 125 management studies, including many of the studies referenced in the cover letter and the Summary of Qualifications chapter of the proposal. His experience in Minnesota includes projects for St. Paul Regional Water Services, the City of Hoyt Lakes, Becker County, Carlton County, and Winona County. The Mercer Group, Inc. 17 Proposal to City of Maplewood _ Key Technical and Functional Specialists David Hawkins, Fire Chief in East Point, Georgia, an Atlanta suburb of 30,000 -population, is one of our fire and EMS management specialists. Chief Hawkins is a certified firefighter and EMT. In has career, he has worked at all levels and in most aspects of the fire service, with experience in communities in Florida and Georgia. Tom Dority, a Mercer Group senior vice-president, and director of our Denver office, is a former city manager with over twenty-five years of public sector experience, who recently initiated a management consulting practice in Michigan, then shifted it to Colorado. He specializes in strategic planning, customer service, operations improvement, pay and classification, and performance management, including benchmarking. He will serve in a technical assistance role to our project team on performance measurement and benchmarking. Jan Lazar, is a Mercer Group senior vice-president and the director of our Michigan Office. She is the former Assistant Finance Director and Budget Officer in Lansing, Michigan, and a former president of the Michigan Government Finance Officers Association. Her consulting specialties include classification and compensation studies, employee benefit plan design and administration, financial and administrative services programs, and interim city manager assignments. She will serve in a technical assistance role to the project team on administrative, fiscal, and resource management issues. City Consulting Support To ensure the Strategic Business Plan is a living document and the result of cooperative efforts, staff from the Fire and Police Departments will serve as consultants on the project. Specifically, _ City staff will be responsible for: 1. Compilation of all research information and reports identified in Task 1. _ 2. Documentation of all legal and regulatory requirements impacting the plan. 3. Documentation of organization and staffing plans, job descriptions, and management philosophies and practices. 4. Development of activity, work load, and performance statistics and projections. 5. Documentation of operating practices and methods, including strengths, weaknesses, opportunities, and threats (SWOT). 6. Development of an inventory of facilities, equipment, tools, and materials available and needed. 7. Research on best practices and the collection of benchmarking data. City staff will not perform tasks that are sensitive, require confidentiality, or inappropriate, such as interviews of elected officials, stakeholder focus groups, employee interviews, and review and — compilation of data on questionnaires and surveys, and report preparation and presentation. The Mercer Group, Inc. 18 Proposal to City of Maplewood CLIENT RESPONSIBILITIES In addition to serving as consultants on the team, we request that client officials and staff support the project in the following three roles: ➢ Project Liaison: Facilitates the scheduling of interviews and coordinate logistics, as well as assists in the collection of benchmarking information from other communities. We expect this person to commit 5 to 10% of his or her time to supporting the study. ➢ Project Steering Committee: Attends periodic meetings to review the progress of our work and reviews and comments on draft deliverables. We expect committee members to commit about 8 hours per month to supporting the project. ➢ Fact6nding Assistance: Generally, City officials and staff need to be available for interviews, site visits, and observation of operations, and provision of financial and operational data. Measurable tasks include: • Questionnaires: Staff will need one to two hours to complete Employee Questionnaires. • Surveys: Staff will need 30 to 60 minutes to complete the Organizational Climate Survey. Except as defined above, we do not expect client personnel to have a significant role in conducting and supporting the project. The Mercer Group, Inc. 19 Proposal to City of Maplewood L_ V SUMMARY OF QUALIFICATIONS This chapter of the proposal provides background information on the Mercer Group, provides summary descriptions of recent projects, and lists twelve references. INTRODUCTION TO THE MERCER GROUP, INC. This section of the proposal provides key facts about our firm, a brief history of the firm, a description of our business model, and an overview of services and resources. Key Facts About Our Firm _ The Mercer Group, Inc. is a management consulting firm incorporated in the State of Georgia and operating nationwide, with strongly established areas of practice in the Southeast and Midwest, and a growing Far West practice. Corporate Address: Other National Offices: Contacts Persons: The Mercer Group, Inc. PMB 511, 5579-B Chamblee -Dunwoody Road Atlanta, Georgia 30338 Lansing, Michigan Greeley, Colorado Phoenix, Arizona Raleigh, North Carolina Santa Fe, New Mexico Waco, Texas Washington, DC Winter Park, Florida James L. Mercer, project director President and CEO Santa Fe Office (505) 466-9500 (505) 466-1274 Fax mercergmindspring com Stephen D. Egan, Jr., project manager Senior Vice -President Atlanta Office (770)425-1775 (770) 425-8561 Fax steveegan@aol.com 20 Proposal to City of Maplewood Brief History of the Firm The firm was founded by James L. Mercer in 1990. He is a long-term public management consultant who started his own firm in 1981 and basically reorganized it in 1990. The East Lansing, Santa Fe, Washington, D.C., and other area offices were added over the past few years as our practice and staffing grew. Business Model The Mercer Group, Inc. is a Consortium Model firm, with a core of key staff members supplemented by associated independent consultants and specialty firms. The consortium members work together regularly and have long personal and professional relationships. This business model allows us to: ➢ Staff each engagement with precisely the right mix of consulting professionals, who have the specific managerial, functional, and technical skills needed to fully satisfy the project objectives. ➢ Eliminate pressure to assign salaried staff who may be available, but lack the experience or capabilities necessary to be effective and efficient in serving our clients. ➢ Offer competitive rates for very senior consultants due to our reduced administrative and overhead costs. Client Base and Specialties The Mercer Group, Inc. provides exceptionally high quality consulting services to state and local governments, utilities, school districts, transit authorities, health care providers, utilities, special districts, and some private sector clients. Specialty practice areas of our firm include: ➢ Strategic planning and policy studies ➢ Privatization and service delivery alternatives ➢ Management, organization, and operations analysis ➢ Productivity improvement ➢ Management systems and controls ➢ Organization development and training ➢ Human resource management, compensation and classification studies, and performance management systems ➢ Financial and budgetary management and systems ➢ Executive recruitment Our key consultants have conducted successful assignments for over 350 public sector organizations nationally and can offer numerous references as testimony of our work. The Mercer Group, Inc. 21 Proposal to City of Maplewood Why Clients Use the Mercer Group Clients seek our consulting assistance for a number of reasons, including time constraints; specialized expertise and experience; and independence, impartiality, and confidentiality. ➢ Time Constraints: Managers are often restricted by the responsibilities of day-to-day operations. In such an atmosphere, few executives have time to review new technological applications, develop long-range plans for their organizations or complete special projects. In many cases, the permanent staff possesses the required skills for such efforts, but is unable to free itself from daily requirements. Consultants can devote the necessary time and attention to the special projects that management recognizes as important, but to which it simply cannot dedicate permanent resources. ➢ Specialized Expertise and Experience: Each consultant of The Mercer Group, Inc. has training and experience in one or more specialized areas of management. Each has worked with different types of organizations in a wide variety of situations, and is aware of how similar management problems have been solved. Additionally, each consultant is aware of new developments and advancements in his/her special field and area of interest, as well as being current on management thinking in general. ➢ Independence, Impartiality, and Confidentiality: Situations arise from time to time in all operations require independent and impartial analysis. The Mercer Group, Inc. provides the objectivity required for these situations and can maintain the confidentiality _ necessary for particularly sensitive projects such as reorganizations or staff sizing. Growth, change, and cost pressures are all catalysts for engaging management consultants. The _ Mercer Group, Inc. typically works with strong organizations that recognize the value of outside assistance and are prudent enough to solicit it. Our clients include some of the most successful organizations in the United States. EEO Compliance In its own internal operations and in its consulting practice, The Mercer Group, Inc. is in full compliance with E.E.O.C. regulations. Because executive search is a portion of our consulting practice, we are very much aware of the regulations for equal employment opportunity, and we fully comply with those regulations. The Mercer Group, Inc 22 Proposal to City of Maplewood PROJECTS We approach most comprehensive organizational and operations study in an integrated manner based on our Fifty Management Issues. The project descriptions that follow document the integrated approach to our projects. Annapolis. Maryland Steve Egan and Tischler and Associates conducted an organization and operations study of the Planning and Zoning Department of this 35,000 -population state capital city. The study addressed interdepartmental cooperation and coordination, staffing needs, organizational culture issues, and regulatory processes involving the Planning Commission and City Council. In total, we interviewed over 100 customers and stakeholders in conducting the study. Athens -Clarke Countv. Geor¢ia Steve Egan worked with an Information Systems consulting firm to develop a countywide Needs Assessment and Strategic Plan for Information Systems. The project involved an assessment of the systems needs of each department; the management, organization, and staffing needs of the Information Services Division; development of policies and standards for information systems; definition of technical networking, equipment, and software requirements; and preparation of a long-range implementation plan and budget for identified systems needs, which was partially funded through projected efficiencies due to automation. Bowline Green, Kentucky Jim Mercer, Steve Egan, Ron Jensen, and June Woodward conducted a management and operations study of the public works department. Study issues included the organizational culture, information systems needs (particularly the direction needed for work order, fleet management, inventory control, and CAD/GIS systems), organization and staffing, operations, and service delivery structure. Steve Egan continued to assist the department during implementation through a six-month "checkup" visit and report and will reapply the Organizational Climate Survey in 1998 to measure progress on cultural issues since the original study. Charlotte. North Carolina Steve Egan, with Vertex Consulting, conducted a study of the City's method of costing, pricing, and charging for regulatory services of the Engineering, Fire, Planning, and Transportation Departments. The study included Focus Groups with citizens and regulated companies and a national survey of twelve similar communities. The results of the study were recommendations to improve cost accounting, establish policies for cost recovery, and improve services. The Mercer Grasp, Inc. 23 Proposal to City of Maplewood L. 4 _ Charlotte Housing Authority Jim Mercer, Steve Egan, and Inga Kennedy -Tucker conducted an organizational and operations analysis of the Resident Services Division of the Housing Authority. This division is responsible for security, social services, recreation services, and employment programs for CHA. The study resulted in recommendations for organizational culture changes, transition from a social services model to a management model, a new director, and improvements in operations, technology applications, and systems and controls. Corpus Christi, Texas Jim Mercer, Inga Kennedy -Tucker, Robert Rosenkoetter, and other staff conducted two major studies for this community of 280,000 population and 3,000 employees. The first study, conducted in the mid -1980's, developed a framework for organizational and operational improvements through: 1. Department management teambuilding. 2. Quality circle training. 3. Training, development, and review of the work of an Internal Operations Analysis Team. The Mercer Group returned in 1989 and 1990 to conduct an organization and operations analysis of each City department. The objectives of the study were to: 1. Conduct a comprehensive review and analysis of the functions, organization, programs, management, staffing, systems, and operations of each department. 2. Assess all city services to determine if they are being provided cost effectively. 3. Determine appropriate staffing for the present and future. 4. Evaluate job duties performed with suggestions for changes in improvements. 5. Recommend organization and function changes and the resulting management and staff requirements. 6. Make recommendations on where savings (efficiency and economy) can be achieved in the provision of public services. 7. Determine and recommend organizational, management, equipment, and/or technical changes to improve efficiency and effectiveness for the present and the future. 8. Develop a comprehensive and usable report and an implementation plan to support conclusions and recommendations. The Mercer Group, Inc. 24 Proposal to City of Maplewood East Point, Georgia Jim Mercer recently completed a multi -step City Council retreat, goal -setting, and strategic planning process for the Mayor and Council of this 33,000 population community just south of the City of Atlanta. This project is an example of one of many similar projects that Jim Mercer conducts each year. We recently completed a Classification and Compensation analysis, developed a Personnel Manual, and updated the Performance Management System. Fulton Countv. Georgia Steve Egan performed a fleet management study that offered recommendations in organization and staffing, operations, and administrative management. The project defined requirements for a fleet management information system and assistance in selecting a vendor. Other studies defined the cost of service and recommended changes in user fees countywide, recommended improvements in revenue processing procedures in the utilities, and identified requirements for a utility management information system. Jim Mercer and staff conducted a major study of the tax assessment and tax collection functions for the County. Recommendations included improvements in managing, organization and staffing, operations, information systems, intergovernmental services (as collector for cities), and organizational culture. Gwinnett Countv. Georgia Jim Mercer and Steve Egan conducted an organizational and operations analysis of the tax assessment function of one of the fastest growing counties in the country. The study focused on _ governance issues and the roles of the Board of Tax Assessors and County Commission, management (including the impacts of past reorganizations and hiring decisions), organizational culture, organization and staffing needs, operations improvement, and technology and computerization (including GIS connections). Milwaukee, Wisconsin Project Summaries: Steve Egan conducted several studies to improve the management, organization, information systems, and operations of the public works department and its divisions (Administration, Engineering, Forestry, and Water Works). Our work in Milwaukee commenced in 1989 with an organizational analysis of DPW's senior management and divisional organizational structure. The project was one of Mayor John Norquist's initial efforts to restructure city services after taking office in 1988. The project created new resource management staff in the Office of the Commissioner to improve his ability to direct what had been seven very independent divisions and restructured each of DPW's division. The study resulted in a savings of over 100 management and supervisory positions without layoffs. The Mercer Group, hm 25 Proposal to City of Maplewood The Forestry study in 1992 and 1993 was initiated in response to the Mayor's plan to restrict resources to this operation, while requiring Forestry to continue to maintain the City's exemplary streetscape of trees, boulevards, and pocket parks. The study recommended increased cross - utilization of arborists and gardeners (a major cultural change!), continued operation of the city's nursery and greenhouse, and a range of operational improvements in programs. The Engineering study in 1993 was in response to the Mayor's and Council's question: "What are all these engineers doing?" We coached the City Engineer and his management team through an analysis of organizational structure, reporting relationships, and interdivisional cooperation and coordination. The study resulted in a reduction in ten engineering management or supervisory positions, including reassignment of the Assistant City Engineer to an more operational role leading the Administrative Section, and closer interrelationships between related services (e.g. water and sewer engineering). The Water Works projects started just after the spring 1993 cryptosporidium crisis in Milwaukee. Steve Egan was tasked with identifying management, operational, and process improvements to ensure that water quality and quantity were not issues in the fixture. Concurrently, Barry Strock Consulting Associaties was working to define utility management system needs and acquire a vendor software package. We teamed up to conduct team building seminars, lead by Jack Harris, for all 451 Water Works employees. The Administrative Services project directed by Steve Egan involved preparation for reengineering of all administrative functions in late 1996 and early 1997, and implementation of a citywide financial management information system in late 1997 and early 1998. Currently, we are working with DPW to review job classifications, compensation issues, and business practices to facilitate the most efficient utilization of employees. Approach: Each project generally followed the work plan proposed in this project - project _ initiation and management, factfinding, analysis, draft report preparation and review, and final reporting and presentation. _ Benchmarking of water quality and customer service functions in Denver and Cincinnati were key elements of the Water Works study. Comparisons of administrative organizations in several large public works departments were conducted in the Administration study. The Water Works and Administration studies included hands-on implementation assistance and teambuilding phases that followed detailed operations analyses. For the Engineering project, we acted more as coaches and facilitators, with much of the detailed analytical work performed by Engineering staff. The Mercer Group, Inc. 26 Proposal to City of Maplewood Northern Maine Development Commission Steve Egan and Tischler and Associates joined to perform an analysis of how Aroostook County and six local governments could work together to support the former Loring Air Force Base and each other in delivering municipal services. North Carolina League of Municipalities Jim Mercer, Jim Burgess, and Steve Egan conducted a management, organization, staffing, and operations study of the league. Our primary focus was on how to organize to support league members and how to integrate the general support and insurance services sides of the league. Nueces County, Texas, Sheriffs Department and Jail Steve Egan, with Vertex, conducted a cost of service study to define appropriate cost accounting principles, compile all jail -related costs, determine the annual and daily cost for the jail, and compare these costs to daily rates charged to the U.S. Marshal's Service and local counties and to the annual contract with the City of Corpus Christi for Class C misdemeanors. Oak Park, Illinois Jim Mercer, Steve Egan, and Inga Kennedy -Tucker completed an organizational and operational analysis of code enforcement and health services in the Village of Oak Park, a community of 53,000 -population just west of the City of Chicago. The report recommends an expanded focus on code enforcement and health as functions, rather than departments, to ensure that all involved Village departments are in concert and services are effectively delivered; a greater effort by the Village to lead collaboration in the delivery of health services; operational and information systems improvements in both areas; and resolution of cultural issues identified in employee questionnaires and the Organizational Climate Survey. Odessa, Texas, Council of Governments Jim Mercer, Steve Egan, and Barry Strock conducted a Feasibility Assessment for Consolidation of Services for the fleet management, information systems, and printing operations of the City of Odessa, Ector County, Ector County Independent School District, Odessa College, and Municipal Hospital. The Mercer Group, Inc. 27 Proposal to City of Maplewood St. Paul Water Utility Over a three-year period, Jim Mercer, Steve Egan, Ron Jensen, John Erickson, Pat McGlothlin, and an information systems consulting firm conducted a Competitive Assessment and Management Review of the customer service, distribution, engineering, finance, information systems, safety, water plant, and water quality programs of the utility. Our assistance continues during implementation of recommendations. St. Louis Park, Minnesota Jim Mercer conducted an Operations Analysis of the community development, planning, and housing agencies of this city of 50,000 -population. The study focused on management, organization and staffing, human resource management, records management, space use, policies, and operating practices. Once the report was delivered, we conducted a strategic planning and teambuilding session to facilitate implementation of the recommendations. Santa Barbara County, California Steve Egan performed a management organization study for the County's Department of Public Works. The study followed merger of the public works and water resources departments, and fine-tuned the organizational structure and staffing plan. Spokane, Washington, Water Department Steve Egan, Ron Jensen, Joy Parsons, and an information systems consultant conducted a comprehensive competitive assessment and operations review of this water utility with over 66,000 customers in Spokane and surrounding areas. The study offered over 100 recommendations including improvements in service delivery structure, City administrative support, departmental organization, division organization and staffing, resource management, operations, benchmarks, and competitive position compared to high performing and private water companies. University Park, Texas Tim Mercer and staff conducted a management and operations study of the Department of Public Works. The study provided recommendations to improve service levels, operating efficiency, training, organization structure, and staffing. The project also assessed the benefits of consolidating public works operations in a new Service Center facility. The Mercer Group, Inc. 28 Proposal to City of Maplewood REFERENCES References are provided for the following recently completed projects. References for other projects can be provided upon request_ Annapolis, Maryland, Department of Planning and Zoning EILEEN FOGARTY, former Planning and Zoning Director _ (Director, Alexandria, Virginia, Department of Planning and Zoning) 703-838-4666 Bowling Green, Kentucky, Department of Public Works CHUCK COATES, City Manager 502-782-2489 Charlotte, North Carolina, Housing Authority HARRY BYRD, Director of Finance 704-336-5224 Colorado Springs, Colorado, Utilities HAROLD MISKEL, Manager of Planning and Resource Development 719-636-5300 Corpus Christi, Texas CLIF MOSS, Council Member 512-880-3105 Fulton County, Georgia ROBERT J. REGUS, former County Manager (City Manager, Alpharetta, Georgia) 678-297-6010 The Mercer Group, Inc. 29 Proposal to City of Maplewood Milwaukee, Wisconsin, Department of Public Works ROBERT J. MAZUREK, former Director of Administrative Services (Chief Financial Officer, Miller Park Stadium Authority) 414-607-4040 Oak Park, Illinois, Departments of Health and Building Inspections M. RAY WIGGINS, Assistant Village Manager 708-383-6400 (ext. 2343) Odessa, Texas, Council of Governments JERRY MCGUHtE, City Manager of Odessa 915-335-4101 St. Paul, Minnesota, Regional Water Services BERNIE BULLERT, General Manager 651-266-6264 Spokane, Washington, Water Department BRAD BLEGEN, Director 509-994-4709 University Park, Texas, Department of Public Works ROBERT LIVINGSTON, City Manager _ KENT AUSTIN, Assistant City Manager 214-363-1644 The Mercer Group, Inc 30 Proposal to City of Maplewood VI. COST PROPOSAL Based on our understanding of the project's objectives, scope, issues list, work plan, consulting roles, and deliverables defined earlier in the proposal, our total fees and expenses for this project will be $24,500. Expenses, which are included in the proposed cost estimate, amount to about 20% of professional fees. Our cost proposal is open to negotiation based on our improved understanding of the scope and depth of your needs, and an associated fine-tuning of our project budget. The budget is developed based on the following hourly billing rates for our professional staff: Project Director $140 Project Manager $125 Consultants $90 to $110 This quotation is firm for a period of 90 days from the date of this proposal and is based on the budgeted hours for the proposed project team at each member's hourly billing rate, plus expenses (travel, hotel, meals, administrative support, etc.), less discount. We propose to submit bills as follows: ➢ Kickoff: 10% of the total cost at project initiation. ➢ Progress: Monthly progress bills based on actual fees and expenses for a total of an additional 80% of the total project cost. ➢ Final: A final bill for the remaining 10% of the project budget upon delivery of the final report. Any supplemental work by the project team would be billed at the above quoted hourly rates. The Mercer Group, Inc. 31 Proposal to City of Maplewood