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HomeMy WebLinkAbout09-11-2006Q 0 A Q E. MINUTES MAPLEWOOD CITY COUNCIL 7:38 P.M. Monday, September 11, 2006 Council Chambers, City Hall Meeting No. 06-23 CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:38 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE A moment of silence was held in remembrance of those who lost their lives and for and those who dedicated hours of service helping victims of the September 11, 2001 terrorist attacks. A moment of silence was held to recognize public works employee Bill Priebe. Bill worked for the city for 25 years and passed away on September 4th. Bill was an extremely dedicated and an irreplaceable employee, a good friend and will be greatly missed by all. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as amended. L6. Setting the Time Table for the Tax Levy and Publication L7. Selection of City the Attorney (Civil and Prosecutorial) and Employment Law Attorney N1. Council Picture N2. Crestview Townhomes N3. Peter Regnier Letter N4. Eminent Domain Letter N5. Alleged Police Officer Assault N6. Follow-up on Mr. Copeland's Background Report N7. Storage Area on Frost Avenue N8. Flier from State Fair N9. Saturday Hours at City Hall N10. Frequency of City Council Meetings Seconded by Councilmember Hjelle APPROVAL OF MINUTES Ayes -All Minutes from the August 7, 2006 Council/Manager Workshop Mayor Longrie moved to approve the minutes from the August 7, 2006 Council/Manager Workshop as presented. Seconded by Councilmember Cave Ayes -All City Council Meeting 09-11-06 2. Minutes from the August 28, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the August 28, 2006 Council/Manager Workshop as presented. Seconded by Councilmember Hjelle Ayes -All 3. Minutes from the August 28, 2006 City Council Meeting Mayor Longrie moved to approve the minutes from the August 28, 2006 City Council Meeting as amended. Seconded by Councilmember Juenemann Ayes -All F. VISITOR PRESENTATIONS Steve Benoit, Minnesota Recreation and Parks Association Award Committee presented an award of excellence to the Maplewood Parks and Recreation Department for the Applewood Park Shelter Building Project. 2. Nancy Lazaryan, 10734 West Lake Road, Rice, MN, asked who ordered her recent arrest. When Ms. Lazaryan did not respect the meeting rules of conduct during Mayor Longrie's answer to her question, Mayor Longrie called a brief recess to the meeting. When the meeting resumed Mayor Longrie provided the response to Ms. Lazaryan's question. 3. William Kayser, 6408 81St Avenue North, Brooklyn Park, stated who he felt was the owner of a particular Maplewood property. City Attorney Kantrud informed Mr. Kayser that after investigation he has not found any improper conduct on the part of the former city civil attorney, or the forging of deeds by that attorney for the property in question. 4. Veronica Sletten, 2747 Clarence Street, expressed concern for fast traffic on County Road D and Southlawn Avenue. G. APPOINTMENTS/PRESENTATIONS None H. PUBLIC HEARINGS Gervais Avenue Street and Storm Assessment, City Project 05-17 Assessment Hearing, 7:00 p.m. Approve Resolution for Adoption of Assessment Roll Approve Resolution for Award of Bid a. Engineer Thompson presented the report. b. Mayor Longrie opened the public hearing (8:10 p.m.), calling for proponents or opponents. The following persons were heard: None C. Mayor Longrie closed the public hearing. City Council Meeting 09-11-06 Councilmember Juenemann moved to adopt the following resolution for the Adoption of the Assessment Roll for Gervais Avenue Street Improvement Project, City Project 05-17: RESOLUTION 06-09-110 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on July 24th , 2006, calling for a Public Hearing, the assessment roll for the Gervais Avenue Street Improvements, City Project 05-17, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 09.29.22.42.0008 — Peter Sampair; Viking Drive, LLC. Mr. Sampair objects to the assessment based upon a lack of increased property value. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on September 25th, 2006, as to their recommendations for adjustments. 2. The assessment roll for the Gervais Avenue Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2007 and shall bear interest at the rate of 5.9 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 1, 2006, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 1, 2006, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after November 1, 2006, but no later than November 15, 2006, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Hjelle Ayes -All City Council Meeting 09-11-06 Councilmember Juenemann moved to adopt the following resolution approving the Resolution for the Award of Bids for Gervais Avenue Street Improvement Project, City Project 05-17: RESOLUTION 06-09-111 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Palda and Sons, Inc. in the amount of $335,615.50 is the lowest responsible bid for the construction of Gervais Avenue Street Improvements —City Project 05-17, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Mayor Longrie Ayes -All I. CONSENT AGENDA Councilmember Hjellemoved to adopt consent agenda items 1-4. Seconded by Councilmember Cave Ayes -All Councilmember Juenemann moved to adopt consent agenda item 5. Seconded by Councilmember Hjelle Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 107,459.24 Checks # 70715 thru # 70766 dated 8/29/06 $ 156,328.45 Disbursements via debits to checking account dated 08/16/06 thru 08/24/06 $ 1,195,520.40 Checks # 70767 thru # 70819 dated 09/05/06 $ 287,912.84 Disbursements via debits to checking account dated 08/25/06 thru 08/30/06 $ 1,747,220.93 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 507,169.77 08/25/06 Payroll Deduction check # 106014 thru # 106015 $ 2,305.25 dated 08/25/06 City Council Meeting 09-11-06 4 $ 509,475.02 Total Payroll $ 2,256,695.95 GRAND TOTAL 2. Annual Maplewood Historical Society Payment Approved to approve the $2000 payment to the Maplewood Historical Society in the city's budget each year. 3. Temporary Gambling — North Star Chapter BCCA at Aldrich Arena Adopted the following resolution issuing a temporary gambling permit for North Star Chapter of BCCA (Brewery Collectible Club of America) for an event at Aldrich Arena, 1850 White Bear Avenue. On October 16th, 8:00 a. m. to 4:00 p.m.: RESOLUTION 06-09-112 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the North Star Chapter of BCCA. 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. 4. Maple Leaf Ridge Business Park, City Project 05-35, Approve Board of Water Commissioners of the City of Saint Paul Private Water Main Agreement Approved the private water main agreement between Maple Leaf Holding, LLC, the City of Maplewood and the Board of Water Commissioners of the City of St. Paul. 5. Conditional Use Permit Review — Mounds Park Academy (2051 Larpenteur Avenue) Approved to review the conditional use permit for Mounds Park Academy at 2051 Larpenteur Avenue again in one year. J. AWARD OF BIDS K. UNFINISHED BUSINESS Ordinance to Establish Full Commission Status for the Environmental Committee (Second Reading) a. Environmental Manager Konewko presented the report. Mayor Longrie moved to adopt the following second reading of the ordinance to establish the Environmental and Natural Resources Commission as an advisory board to the city council as provided by the Minnesota Statute: City Council Meeting 09-11-06 MAPLEWOOD ORDINANCE NO. 872 DIVISION 4. ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Sec. 18.180. Established The city council establishes for the city an environmental and natural resources commission as an advisory board to the city council, as provided in Minn. Stats. §§ 462.351-462.365. (Code 1982, § 25-17) Sec. 18-181. Advisory body; exceptions All actions of the advisory environmental and natural resources commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, § 25-18) State law reference- City environmental and natural resources agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. § 462.354, subd. 1. Sec. 18.182. Composition; appointment; qualifications; terms (a) The environmental and natural resources commission shall have seven members appointed by the council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the environmental and natural resources commission for three-year terms. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. (Code 1982, § 25-19) Sec. 18.183. Chairperson and vice -chairperson. The environmental and natural resources commission shall elect a chairperson and a vice - chairperson at the first environmental and natural resources commission meeting in January each year. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice -chairperson shall assume the duties of the chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the environmental and natural resources commission, the vice -chairperson shall become the acting chairperson until the environmental and natural resources commission can hold an election for new officers. (Code 1982 § 25-20) Sec. 18.184. Vacancies. (a) Any of the following may cause the office of an environmental and natural resources commissioner to become vacated: (1) Death or removal from the city (2) Disability or failure to serve, as shown by failure to attend three meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. City Council Meeting 09-11-06 (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, § 25-21) Sec. 18.185. Officers; meetings; rules of procedure. (a) The environmental and natural resources commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the environmental and natural resources commission shall be open to the public and published on the city's website. (Code 1982, § 25-22) Sec. 18.186. Duties and responsibilities. In order to protect, preserve and enhance the environment of the City of Maplewood, the Environmental and Natural Resources Commission will: (1) Establish environmental priorities for the city in partnership with the City Council. (2) Recommend to the Community Design Review Board, Planning Commission and City Council changes necessary to existing policies, operating procedures and ordinances that control, protect, preserve and enhance the city's environmental assets. (3) Recommend to the Community Design Review Board, Planning Commission and City Council new policies, operating procedures and ordinances that control, protect, preserve and enhance the city's environmental assets. (4) Actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications and co-sponsored activities. (5) Pro -actively promote greater use and appreciations of the city's environmental assets. (6) Review the role of other city groups and how they might assist, support and advise the Environmental and Natural Resources Commission. (7) Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating environmental assets of the city. (8) Develop educational programs and materials that foster the mission to the Environmental and Natural Resources Commission. (9) Develop and promote the use of "sustainable practices" for city policies and procedures. (Code 1982, § 25-23) Sec. 18.187. Compensation; expenses. All members of the environmental and natural resources commission shall serve without compensation. However, approved expenses of the environmental and natural resources commission shall be paid from available city funds. Sec. 18.188. Responsibilities of the Environmental Manager. Subject to the direction of the city manager, the environmental and natural resources commission and its chairperson, the environmental manager who reports to the city engineer shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices City Council Meeting 09-11-06 (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission's proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, § 25-25) Sec. 18.189. Duties of city engineer, city attorney and other city employees. (a) The city engineer and the city attorney shall be available to the environmental and natural resources commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city engineering department employees and other regular employees or personnel of the city shall cooperate with the environmental and natural resources commission and make them self available and attend meetings when requested to do so. (Code 1982, § 25-26) This ordinance shall be effective on October 1. 2006. Seconded by Councilmember Hjelle Ayes -All 2. Kenwood Curb Assessment, City Project 05-16, Approve Resolution for Adoption of Revised Assessment Roll a. Environmental Manager Konewko presented the report. Councilmember Juenemann moved to adopt the following resolution for the adoption of the revised assessment roll for the Kenwood Avenue Street Improvements: RESOLUTION 06-09-113 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on August 28, 2006, the assessment roll for the Kenwood Curb Assessment, City Project 05-16, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, one property owner filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Jay Reiling, Lot at the southeast corner of the intersection of Eldridge Avenue and Kenwood Drive East (PIN 172922110087): Mr. Reiling disagrees with the assessment that has been applied to his lot. He requests either deferral of the assessment until the lot is developed or cancellation of the assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Kenwood Curb Assessment, Project 05-16: Jay Reiling, Lot at the southeast corner of the intersection of Eldridge Avenue and Kenwood Drive East (PIN 172922110087): Grant deferral of assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. City Council Meeting 09-11-06 B. The assessment roll for the Kenwood Curb Assessment, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2007 and shall bear interest at the rate of 5.9 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 1, 2006, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 1, 2006, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after November 1, 2006, but no later than November 15th, 2006, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Cave Ayes -All 3. Ordinance Amendment to the Environmental Preservation and Protection of Trees and Woodlands Ordinance (Second Reading) a. City Engineer Ahl presented the report. b. Mandy Musielewicz, Forester for the City of Maplewood was present for council questions. C. The following persons were heard: Dave Schelling, 1955 Greenbrier, Maplewood. Mayor Longrie moved to adopt the following second reading of the Environmental Preservation and Protection of Trees and Woodlots Ordinance: City of Maplewood Ordinance 873 ENVIRONMENTAL PRESERVATION AND PROTECTION OF TREES AND WOODLANDS Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide better air quality, scenic beauty, protection against wind and water erosion, natural insulation for energy conservation, and are beneficial in watershed management. Trees and woodlands also provide wildlife habitat, privacy as screening, act as natural sound and visual buffers, and increase property values. It is therefore the city's intent to protect, preserve, and enhance the natural environment of Maplewood and to encourage a resourceful and prudent approach to development in the city; thereby, promoting and protecting public health, safety, and welfare of the citizens of Maplewood. The purpose of this article is to establish a tree preservation and protection ordinance to assure the continuance of significant natural features for present and future generations which: City Council Meeting 09-11-06 Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2. Protect the health and safety of residents. 3. Protect water quality and minimize storm water runoff. 4. Prevent erosion or flooding. 5. Assure orderly development within wooded areas to minimize tree loss and environmental degradation. 6. Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting from tree removal. 7. Establish and promote an on-going tree planting and maintenance program within the city to assure trees and woodlands for future generations. Applicability. This article shall apply to any individual, business, or entity that engage in a building or development project which requires issuance of a grading permit or new building permit. This includes all sites of new development that contain significant trees or woodlots. Platting and adding new roadway and right of way are subject to this ordinance. 2. The following are exceptions and are exempt from the requirements of this ordinance: a. Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). b. Tree removal related to city public improvement projects to existing roadways, sewers and other infrastructure, utility/infrastructure work or repair. c. Emergency removal of a tree(s) to protect public health. d. Restoration of land to native prairie. Prairie restoration must be approved by the environmental manager or city forester. e. Commercial tree nursery and landscape operations. f. Removal of dead or dying trees. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means developer, builder, contractor or homeowner who applies for a building or grading permit. Ca/ipermeans a tree trunk measurement of nursery stock measured six (6) inches above ground fortree trunks up to four (4) caliper inches. Tree trunks over four (4) caliper inches measured at six (6) inches in height, move measurement point to twelve (12) inches above ground to measure trunk caliper. Trees greater than four (4) caliper inches may have diameter measurements. City Forester means a tree inspector/forester certified by the State of Minnesota who is employed by the city, or appropriate agent or independent contractor designated by the city. Must meet the definition of a Maplewood Registered Forester. Coniferous/Evergreen Tree means a woody plant having foliage on the outermost portions of the branches year- round which at maturity is at least twelve (12) feet or more in height. Tamaracks and Larch are included as coniferous tree species. City Council Meeting 09-11-06 10 Critical Root Zone (CRZ) means an imaginary linear circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter (e.g., a sixteen (16) inch diameter tree has a CRZ with a radius of sixteen (16) feet. Deciduous Tree means a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least fifteen (15) feet or more in height. Diameter means a standard point of measurement of tree size, measurement of tree trunk in inches at a height of four and one half (4.5) feet above ground. Measure the circumference of a tree trunk in inches at four and one half (4.5) feet above ground and divide by (3.14) to determine diameter. Drip Line means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of that tree. Environmental Manager means an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the city. Hardwood Deciduous Tree means the following tree species: ash, basswood, birch, black cherry, catalpa, hackberry, hickory, ironwood, hard maples (sugar maple or red maple), locust, oak, and walnut. Major Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is more than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Maplewood Registered Forester means a person who is registered with the city as a consulting forester and holds a minimum of a Bachelor of Science degree in arboriculture, urban forestry or similar field from an accredited academic institution or is registered with the International Society of Arboriculture as a certified arborist/forester. Minor Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is less than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Ornamental Tree means a woody plant, which is grown for its beauty of its foliage and flowers. Retaining Wall means a structure utilized to hold a slope in a position in which it would not naturally remain. Specimen Tree is a healthy tree of any species twenty-eight (28) inches in diameter or greater. These trees are considered Significant Trees. Significant Natural Feature means a significant water body, woodlot, significant slope, or a site of historical or archeological significance that has been recorded with the state. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for coniferous/evergreen trees, twelve (12) inches diameter for softwood deciduous tree, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein. Buckthorn or others noxious woody plants as determined by the environmental manager are not considered a significant tree species at any diameter. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Softwood Deciduous Tree means the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. City Council Meeting 09-11-06 11 Tree Preservation Plan means a plan prepared with the assistance of a certified forester, which clearly shows all trees in the area to be developed or within the parcel of record. The plan should include all significant trees to be preserved and measures taken to preserve them. The plan will also include calculations to determine the number of replacement trees as required by the tree mitigation schedule and a proposed re -forestation landscape plan. Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetation means all plant growth, especially trees, shrubs, native wildflowers, mosses or grasses. Wetland as defined in the city's wetland ordinance. Wilding Tree means a tree that was not grown or maintained by a nursery. Woodlot means a treed area of at least one-quarter (1/4) acre on a vacant lot, which includes significant tree(s). Woodlot alteration permit. A woodlot alteration application shall be submitted to the environmental manager for review prior to removal of any living trees on a woodlot that is not reviewed by another application. The applicant shall submit a tree plan and any other information needed to determine compliance with this ordinance. Specific requirements shall be stated on an application form in the office of the environmental manager. An application fee shall be established yearly by the city council by resolution. Failure to submit an approved woodlot alteration application before removal of any trees will result in a two-year moratorium for issuance of a city grading or building permit. In addition, a total tree replacement for the parcel as outlined in the tree mitigation/replacement schedule with the assumption that all trees that were removed are significant trees. The environmental manager may approve a woodlot alteration permit that complies with this ordinance and receive recommendations from the city forester concerning the proposed woodlot alteration. The applicant may appeal environmental manager's decision to the environmental committee in writing within fifteen (15) days of the environmental manager's written decision. The applicant may appeal the environmental committee decision in writing within (15) days of the environmental committee written decision to city council for final decision. Applicant must first approach environmental manager then environmental committee before city council will review. Tree preservation plan. A tree preservation plan is required for any project which requires any land use permit, grading permit, or building permit; excluding minor home additions and the removal of dead, diseased, dying or hazardous trees of any size. A tree preservation plan shall reflect the applicant's best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and other physical features, so that the fewest significant trees are destroyed or damaged and to minimize the negative environmental impact to the site. All tree replacements will be in addition to landscape tree planting standards. An applicant may request a waiver from the environmental manager from preparation of a tree preservation plan. Tree preservation plans shall include the following: 1. A tree inventory overlay on the site plan that shows size, species, general health, and location of all significant trees located within the area to be developed or within the parcel of record. Location of groups of standing dead or diseased significant trees shall be noted on inventory overlay. All tree inventories shall be preformed by a certified forester and shall be consistent with the engineer's grading plan contours. All significant trees included in the tree inventory must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet(s) in both graphic and tabular form. Trees growing in clump form are considered individual trees and each stem/trunk is measured as individual trees. 2. A certified forester must approve the tree preservation plan. 3. The tree preservation plan must be drawn at the same scale as the other site plan submittals. City Council Meeting 09-11-06 12 4. A tree preservation plan that coincides with necessary engineering documents such as topography, wetland information, grading plans, road, and building locations must include: a. A list of total diameter inches of all healthy significant trees inventoried. b. Listing of the total diameter inches of healthy significant trees removed. The name(s), telephone number(s), and address(s) of the person(s) responsible for tree preservation during the course of the development project. 5. Outer boundaries of all contiguous wooded areas, with a general description of trees not meeting the significant tree size threshold and any indication of the presence of epidemic tree diseases. 6. Delineation of all limits of land disturbance, clearing, grading and trenching. 7. Locations of the proposed buildings, structures, or impervious surfaces. 8. Location of trees protected and the proposed measures for protection including delineation of tree protection fencing, tree protection signs, location for material storage, parking, debris storage, and wash out area for redi-mix trucks. 9. Written description of tree preservation and safeguarding measures planned for the site. 10. Size, species, number, and location of all replacement trees proposed to be planted on the property in accordance with the tree mitigation/replacement schedule. 11. Signature of the person(s) preparing the plan. The tree preservation plan shall be reviewed by the environmental manager, with advisement from the city forester, for compliance with this ordinance. Reasons for denial shall be noted on the tree preservation plan, or otherwise stated in writing. Tree Preservation and Safeguarding Tree Measures. All developments within the city shall be designed to preserve significant trees and woodlots, where such preservation would not affect the public health, safety or welfare of Maplewood citizens. The city may prohibit removal of all or a part of a woodlot or significant tree subject to the limitations as defined in this chapter. This decision shall be based on but not limited to the following criteria: a. Size. b. Species, health, and attractiveness of the trees, including: 1) Sensitivity to disease. 2) Life span. 3) Nuisance characteristics. 4) Sensitivity to site grading. 5) Potential for transplanting. 6) Need for thinning a woodlot. 7) Effects on the functioning of a development. 8) Fragmentation of wooded area and effects on wildlife corridors. 9) The public health, safety and welfare. 10) Effect on wetlands and/or watershed. 11) Native Prairie Restoration City Council Meeting 09-11-06 13 2. Safeguarding preserved trees: the tree preservation plan shall delineate the location of (existing) significant trees that are to be preserved with location and type of protective fencing. a. Tree protective areas shall be located at a minimum of the CRZ of trees or drip line whenever possible. Use of tree -save islands and stands are encouraged rather than the protection of individual trees scattered throughout a site. b. Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing). Fencing must be self -supportive. All active tree protection areas shall be designated as such with "Tree Save Area" signs posted in addition to the required fencing. C. Use of passive forms of tree protection requires approval from environmental manager in writing. Passive forms of tree protection fencing include use of continuous rope or flagging (heavy mil plastic four (4) inches or wider) with visible signage stating "Keep Out' or "Tree Save Area". d. Signs requesting subcontractor cooperation and compliance with tree protection standards are required at site entrances. e. No construction work shall begin until tree protection fencing has been installed, inspected, and approved by the city forester. At least three (3) working days prior to construction or grading, applicant shall be required to request inspection of on-site protective measures by city forester. Once city forester approves tree protection fencing or devices it must not be altered or removed without prior written approval. Tree protection fencing shall be maintained and repaired by the applicant for the duration of construction. No grade change, construction activity, storage or staging of materials shall occur within this fenced area. g. Use of custom grading, retaining walls or tree wells to maintain existing grade for preserved trees. h. Layout of the project site utility and grading plans should accommodate the tree preservation areas. Utilities recommended along corridors between tree preservation areas and use of common trenches or tunnel installation if possible. Minimize tree wounding by felling or removing trees away from trees remaining on site. Construction site activities such as parking, material storage, concrete washout, placement of holes, etc., shall be arranged so as not to encroach on tree protection areas. k. Identify and prevent oak wilt infection. Treat all known oak wilt infected areas with current accepted guidelines including root cutting and tree removal. If pruning oaks is required between April 1 and July 1 cover fresh wounds with nontoxic tree wound sealant or latex paint. Use of wood chip mulch to a depth of six (6) to eight (8) inches adjacent to tree protection areas to minimize soil compaction and desiccation. M. Concrete washout, leakage or spillage of fuels or paints, or other materials that would result in detrimental change in soil chemistry is prohibited in tree preservation areas. n. Post construction tree care to mitigate construction damage: 1) Tree root aeration, fertilization, and/or irrigation systems. 2) Therapeutic pruning. o. Soil compaction mitigation by: 1) Mulch drive lanes with eight (8) to ten (10) inches of woodchips. City Council Meeting 09-11-06 14 2) Soil fracturing with deep tillage or other similar methods. 3) Inclusion of organic matter to existing soil. 3) Core aeration. P. Transplant existing trees to a protected area for future transplanting onto permanent sites within the construction area. 3. If any significant tree stated as preserved (protected) in the approved tree preservation plan is cut, damaged, or encroached upon by grading equipment or during the construction process without city authorization and is determined by the environmental manager that the damaged tree(s) will probably not survive, the said damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate of two (2) times the tree mitigation/replacement formula. Tree Mitigation/Replacement Schedule. If less than twenty percent (20%) of significant tree diameter inches is removed, the applicant shall replace one (1) tree per significant tree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. If twenty percent (20%) or more total diameter inches is removed, applicant shall mitigate all significant diameter inches using the tree mitigation/replacement schedule in accordance with the following formula: A = Total Diameter Inches of Significant Trees lost as a result of the Land Alteration B = Total Diameter Inches of Significant Trees situated on the property. C = Tree Replacement Constant (1.5) D = Replacement Trees (Number of Caliper Inches) ((A/B -.20) x C) x A = D Example A = 379 B = 943 C =1.33 D =160 ((379 / 943 — 0.20) x 1.5) X 379 = 114.7 caliper inches The trees required to be replaced pursuant to this chapter shall be in addition to any other trees required to be planted pursuant to any other provision of city code. Once the total caliper inches for replacement trees are determined, the developer/applicant shall mitigate tree loss by either: Plant replacement trees in appropriate areas within the development in accordance with the tree replacement schedule. 2. Plant replacement trees on city property under the direction of environmental manager or city forester. Must be approved during the review process prior to issuance of permit(s). 3. Pay the city a sum per diameter inch in accordance with the tree replacement schedule with written approval from city staff. The fee per diameter inch shall be set forth in the city fee schedule set annually by city council resolution. Payment shall be deposited into an account designated specifically for tree planting on public property within the city. The form of mitigation to be provided by the applicant shall be determined City Council Meeting 09-11-06 15 by city staff. This provision may only apply if all other measures in this ordinance have been exhausted. 4. The developer shall be required to maintain trees for two (2) year after planting. Should any tree require replacement during this two (2) year period, the replacement period shall start at the date of replacement. Trees required to be planted pursuant to any other provision of city code are not included in this and must be replaced according to such code. 5. Species requirements: Where ten (10) or more replacement trees area required, not more than thirty (30) percent shall be of the same type of tree without the written approval of the environmental manager. Native tree species to the Maplewood area are preferred. 6. Sources of trees: Replacement trees shall consist of certified nursery stock as defined by Minnesota Statutes, Section 18.46 hardy for this USDA plant hardiness zone (Zone 2, 3 or 4 hardiness rated trees) or other trees including wilding trees, so long as such wilding trees comply with the following standards and are approved by the environmental manager or city forester. All replacement trees shall be healthy and free from insect or disease infestation. A wilding tree measured in caliper inches shall not exceed the maximum height as shown on the table below: CALIPER INCHES MAXIMUM HEIGHT (FEET) 2-3 18 3-4 20 4-5 24 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one- half (1/2) the total height of the tree (e.g., a fourteen (14) foot tree must have a branch within seven (7) feet of the surface of the surrounding ground). 7. Tree replacement size must be no less than two (2) caliper inches deciduous or six (6) foot evergreen tree unless pre -approved by the environmental manager. Evergreen or coniferous tree height convert to caliper measurement as follows: the first six (6) feet of growth equals two and one-half (2.5) caliper inches for each additional two (2) feet in height equals one (1) additional caliper inch. Trees required to be planted pursuant to any other provision of city code must comply with tree size specification of such code. 8. Tree replacement surety required. The applicant shall post tree replacement surety with the city, such as a tree replacement cash deposit or letter of credit, of one hundred and fifty (150) percent of estimated cost for tree replacement for proposed planting. Funds will be held by the city until successful completion of final planting inspection. It shall be the applicant's responsibility to call for such inspection. Tree replacement surety does not include other sureties required pursuant to any other provision of city code or city directive. Enforcement. The city reserves the right to inspect the construction site at any time for compliance with this ordinance. Should the city find the site in violation of the approved tree preservation plan, they may issue a stop work order until conditions are corrected. Stop work order, will be lifted after approved by environmental manager or city forester in writing. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use building, and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Effect on density. The city may reduce the maximum allowed density on that part of a development that has a significant natural feature, where such reduction would save all or part of a significant natural feature. However, regardless of the requirements in this article, the maximum allowed density shall not be reduced below 67 percent of the allowed density in the city's land use plan for multiple dwellings. The minimum lot size shall not be increased above 15,000 square feet for single dwellings. Any required density reduction or increase in lot size must save a significant natural feature. The city council may require the clustering of dwellings in the form of townhouses, quads, apartments, or similar uses where it is necessary to preserve City Council Meeting 09-11-06 16 significant natural features. This ordinance shall be effective on September 12, 2006. Seconded by Councilmember Juenemann Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Juenemann Nay-Councilmember Rossbach L. NEW BUSINESS 1. Appeal of Community Design Review Board Decision (Signs) — Maplewood Mall (White Bear Avenue) Councilmember Juenemann moved to table this item at the request of the applicant. Seconded by Councilmember Cave Ayes -All 2. Appeal of Condition of Approval — Menards (2280 Maplewood Drive) a. Planner Roberts presented the report. b. Brandon Wilmer, Real Estate Project Manager, 4777 Menard Drive, Eau Claire, Wisconsin was present for council questions. C. Planning Commissioner Trippler asked the no parking signs continue to Atlantic Street which Mayor Longrie stated required notice must be made to all affected property owners. Councilmember Cave moved to reaffirm the parking reduction authorization for Menards at 2280 Maplewood Drive as approved by the City Council on March 27, 2006. This approval was to allow Menards to have 50 fewer parking spaces than the code requires. (The city code requires 451 parking spaces and Menards is proposing 401 parking spaces.) Approval is because: 1. The required number of spaces is excessive. Menards has gotten by, essentially, with the main parking area in front of the building since 1988. Menards customers do not typically use other available parking areas on the site. 2. The proposed garden center addition would need 80 spaces according to the code. However, Menards is currently using this same area for retail sales and outdoor storage as approved earlier by the city. As a condition of approval of this request, Menards shall provide adequate directional signage in the parking lot. Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave and Hjelle Nays-Councilmember Juenemann and Rossbach Councilmember Cave moved to add no parking signs on both sides of the frontage road between the Menards property lines. Seconded by Mayor Longrie Ayes -All 3. Cottagewood Utility Improvements, City Project 06-10, Resolution Approving Plans and Advertising for Bids a. Environmental Manager Konewko presented the report. Councilmember Juenemann moved to adopt the following resolution for the Cottagewood Utility Improvements, Project 06-10: Approving Plans and Advertising for Bids: City Council Meeting 09-11-06 17 RESOLUTION 06-09-114 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on August 28, 2006, plans and specifications for Cottagewood Utility Improvements, Project 06-10, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 29th day of September, 2006, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of October 9th, 2006. Seconded by Councilmember Cave Ayes -All 4. Street Right -of -Way Vacation — Engstrom (Century Avenue and New Century Boulevard) a. Planner Roberts presented the report. b. Planning Commissioner Trippler reported that the Planning Commission reviewed this item at their August 21 st meeting and was approved ayes all. Councilmember Rossbach moved to adopt the following resolution for the vacation of part of the street right-of-way on the northwest corner of Century Avenue and New Century Boulevard: VACATION RESOLUTION 06-09-115 WHEREAS, Mr. Paul Engstrom, representing the developer of New Century, applied for the vacation of the following: That part of New Century Boulevard as shown on the plat of New Century, Ramsey County, Minnesota described as follows: Beginning at the most northeasterly corner of said New Century Boulevard, also being a point on the west right-of-way line of Century Avenue; thence South 00 degrees, 39 minutes, 40 seconds East, assumed bearing along said west right-of-way line 70 feet; thence South 88 degrees, 34 minutes, 30 seconds West 77 feet; thence North 00 degrees, 39 minutes, 40 seconds West 70 feet to the north line of said New Century Boulevard; thence North 88 City Council Meeting 09-11-06 18 degrees, 34 minutes, 30 seconds East along said north line 77 feet to the point of beginning. All in Maplewood, Ramsey County, in Section 13, Township 28, Range 22. WHEREAS, the history of this vacation is as follows: 1. On August 21, 2006, the planning commission held a public hearing about this proposed vacation. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the vacation. 2. On September 11, 2006, the city council reviewed this proposal. The council also considered reports and recommendations of the city staff and planning commission. WHEREAS, after the city approves this vacation, the public fee title interest in the property will go to the following described property: Outlot C, New Century (PIN 13-28-22-11-0107) NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: It is in the public interest. 2. The city and the property owner do not need or use the right-of-way in question for street or public utility purposes. 3. The properties adjacent to the right-of-way have adequate street access. This vacation is subject to the property owner granting to Ramsey County a ten -foot -wide public highway and drainage and utility easement over the east ten feet of the property in question. Seconded by Councilmember Hjelle Ayes -All 5. Easement Vacation — Hillside Estates (between Linwood Avenue and Springside Drive) a. Planner Roberts presented the report. b. Commissioner Trippler stated this item was reviewed at their August 21 st Planning Commission meeting and passed ayes all. Councilmember Cave moved to adopt the following resolution approving the vacation of the utility and drainage easement on Lots 2 and 3, Hillside Estates: DRAINAGE AND UTILITY VACATION RESOLUTION 06-09-116 WHEREAS, Josh Clendenen of Delaney Company LLC applied for the vacation of a drainage and utility easement. WHEREAS, the legal description of the drainage and utility easement is as follows: WHEREAS, the history of this vacation is as follows: On August 22, 2006, the planning commission held a public hearing about the proposed vacation. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a City Council Meeting 09-11-06 19 chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the vacation. 2. On September 11, 2006, the city council reviewed this proposal. The city 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 right- of-way vacation for the following reasons: It is in the public interest. 2. The vacation will allow the creation of a new infiltration basin on Lot 3 which will allow a single-family house to be constructed on the lot which meets the front yard setback required by city code. 3. The property owner will dedicate a new drainage and utility easement to the city. This vacation is subject to the following conditions: Prior to issuance of a grading or building permit for Lots 2 and 3, Hillside Estates, the applicant must submit the following to city staff for approval: a. A revised grading and drainage plan which shows all changes required by Jon Jarosch of the Maplewood engineering department in the August 16, 2006, engineering review. b. Proof that the revised drainage and utility easement has been recorded with the county. C. A tree preservation plan which shows the size and species of all trees on Lots 2 and 3, which large trees will be removed from the lots, appropriate measures needed to protect trees which will be preserved, and the location, species, and size of all required replacement trees. d. A letter of credit or cash escrow to cover 150 percent of the cost of all replacement trees. 2. Prior to certificate of occupancy for a new house on Lots 2 or 3, the applicant must install all required replacement trees and complete the construction of the infiltration basin. Seconded by Councilmember Hjelle Ayes -All 6. Setting the Time Table for the Tax Levy and Publication a. Interim City Manager Copeland presented the report. Mayor Longrie moved to approve the proposed schedule for the Tax Levy time table. Seconded by Councilmember Cave Ayes -All 7. Selection of City the Attorney (Civil and Prosecutorial) and Employment Law Attorney a. Interim City Manager Copeland presented the report. City Council Meeting 09-11-06 20 Councilmember Cave moved to appoint Bethel and Associates to provide the City of Maplewood legal representation and negotiate labor agreements. Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Hjelle and Cave Nays-Councilmembers Juenemann and Rossbach Councilmember Cave moved to appoint Knaack and Kantrud as the Civil Attorney for the City of Maplewood. Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Hjelle and Cave Nays-Councilmembers Juenemann and Rossbach Councilmember Cave moved to appoint Knaack and Kantrud as the Prosecutorial Attorney for the City of Maplewood. Seconded by Councilmember Hjelle M. COUNCIL PRESENTATIONS Ayes -Mayor Longrie, Councilmembers Hjelle and Cave Nays-Councilmembers Juenemann and Rossbach Council Photo-Councilmember Cave asked council to select a date for a City Council group photograph. Ms. Cave will organize a time with the photographer and inform council of the date. Councilmember Cave moved to continue the meeting until all agenda items are addressed. Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Nays-Councilmember Juenemann 2. Crestview Townhomes-Councilmember Rossbach asked staff for an update on the Crestview Townhomes Association road feasibility study for taking back a street. Interim City Manger Copeland has been in contact with City Engineer AN regarding this issue. 3. Peter Regnier Letter-Councilmember Hjelle felt a recent letter from Peter Regnier was a "very strange" letter to receive from an attorney. 4. Eminent Domain-Councilmember Hjelle commented on a letter council received from the Association of Metropolitan Municipalities regarding eminent domain. 5. Purported Police Officer Assault-Councilmember Hjelle questioned a report by a Minnesota Professional Firefighter's Association representative stating that Mr. Hjelle assaulted a Maplewood police officer in 2005. Mr. Hjelle stated he has no idea who the person is he allegedly assaulted or any knowledge of an assault and asked Police Chief Thomalla to follow up on the report. 6. Background Check-Councilmember Hjelle asked the status of the follow-up on Mr. Copeland's background check. Interim City Attorney Kantrud is following up on allegations made on Mr. Copeland's background report. 7. Storage Area on Frost in Gladstone (former impound lot) -Mayor Longrie reminded staff that a condition of the CUP for this property was that the gate stays locked. Mayor Longrie and Councilmember Juenemann noted this gate is open continually and asked staff to let the owners know a padlock needs to be installed to comply with the conditions of their Conditional Use Permit. 8. State Fair Handout -Mayor Longrie distributed an informational flyer to council on green building that she received at the State Fair. City Council Meeting 09-11-06 21 9. Saturday Hours -Mayor Longrie reminded residents that the Department of Motor Vehicle and Passport office will now be open on Saturdays 8:00 a.m. to 12:00 noon. 10. Council Meeting Schedule -Mayor Longrie would like to add additional Council Meetings on Mondays to get caught -up on city business. N. ADMINISTRATIVE PRESENTATIONS Policy on Use of City Council Chambers for Non -Partisan Political/Candidate Forums a. Interim City Manager Copeland presented the report. Councilmember Hjelle moved to make the council chambers available for non partisan political meetings, non political town hall meetings and candidate forums at no charge for a maximum use of 4 hours during periods when not otherwise required for office City business and when a building custodian is scheduled to be on the premises. Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Juenemann Nay-Councilmember Rossbach 2. Kelly and Fawcett Billing and Request for City Legal Files a. Interim City Manager Copeland presented the report. Councilmember Hjelle moved to not accept the transition billings from Kelly & Fawcett and directed staff to look into arbitration of the bill. Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Cave and Hjelle Nays-Councilmember Juenemann and Rossbach O. ADJOURNMENT Mayor Longrie adjourned at 12:02 a.m. City Council Meeting 09-11-06 22 Shann Finwall Page 1 of 1 From: jmurphy@simon.com U Sent: Monday, September 11, 2006 4:45 PM To: Shann Finwall Cc: tvolpe@simon.com Subject: Re: Maplewood Mall Wallscapes Shann, Due to last minute scheduling conflicts with Tina Volpe - Director of Mall Marketing and myself, we will not be able to attend tonight's meeting. Please let us know when we may reschedule the meeting to discuss. Thanks Jad D. Murphy - General Manager Maplewood Mall - "a Simon Property Group Mall" 3001 White Bear Avenue North Suite 1072 Maplewood, MN 55109 Ph: 651-770-3863 Fax: 651-770-7542 Email: jmurphy@simon.com Simon System Speed - 328 Summary of Maplewood: Environmental Preservation and Protection of Trees and Woodlands Ordinance The City of Maplewood has adopted a new ordinance that addresses the preservation and protection of trees. The new Ordinance, which replaces the original Ordinance drafted and adopted 24 years ago, now requires a developer to replace trees based on the overall diameter of tree inches lost due to development activity. The goal of the City is to preserve as many existing trees as possible; however, development cannot always be conducted in a way that preserves all status -quo tree -growth. The city's current tree ordinance requires a developer to replace a large tree one for one, but in no case does a developer have to replace more than ten trees per acre. In practice, the new Tree Ordinance requires the orderly replacement of trees as part of a development plan based on the overall diameter -inches of trees lost in or as a part of that development project. To ensure compliance and provide oversight, a "tree -plan" must be presented for approval prior to any project going forward. In addition, the Tree Ordinance also includes additional protection measures for trees throughout the City of Maplewood. Due to its length and inclusion of technical specifications/requirements, this Ordinance is being published by Title and Summary, pursuant to Minnesota Statute § 412.191(4), following its adoption by the City of Maplewood through its City Council on September 11, 2006. A full copy of this Ordinance can be obtained on the city's website at www.ci.maplewood.mn.us or in hard copy form at the City of Maplewood reception desk located at City Hall at 1830 County Road B East. CITY OF MAPLEWOOD, MINNESOTA 2007 BUDGET EXPENDITURE SUMMARY - ALL BUDGETARY FUNDS Operating Budget: Ambulance Service Charitable Gambling Tax Community Center Enhanced 911 Service Environmental Utility Fleet Management General Information Technology Police Services Fund Recreation Programs Recycling Program Sanitary Sewer Street Light Utility Total Operating Budget Capital Improvements Budget: Capital Improvement Projects Fire Truck Replacement Legacy Village Tax Abatement District Open Space Park Development Public Improvement Projects Police Safety Communication System Redevelopment Tax Increment Economic Development District #1-5 Tax Increment Housing District #1-1 Tax Increment Housing District #1-2 Tax Increment Housing District #1-3 Tax Increment Housing District #1-4 Tax Increment Housing District #1-5 Tax Increment Housing District #1-6 Tax Increment Housing District #1-7 Tax Increment Housing District#1-8 Water Availability Charge - No. St. Paul Water Availability Charge - St. Paul Total Capital Budget Debt Service Budget: Debt Service Fund Grand Total PERCENT 2006 2007 OVER(UNDER) BUDGET BUDGET 2006 BUDGET 1,764,550 2,103,790 19.2% 53,730 40,050 -25.5% 2,286,410 2,870,010 25.5% 24,770 70,150 183.2% 1,108, 620 1,257,830 13.5% 581,880 720,370 23.8% 16,819,060 17,086,815 1.6% 745,750 680,100 -8.8% 53,130 51,570 -2.9% 881,950 798,270 -9.5% 396,810 405,920 2.3% 3,702,650 3,889,940 5.1% 179,310 182,540 1.8% 28,598,620 30,157,355 5.5% 138,220 20,040 -85.5% 280,380 20 -100.0% 70 120 71.4% 230 230 0.0% 450,000 500,920 '" 11.3% 0 0 N/A 800 0 -100.0% 60 60 0.0% 22,700 26,430 16.4% 170 430 152.9% 170 430 152.9% 160 440 175.0% 47,870 30,490 -36.3% 39,630 25,290 -36.2% 94,050 60,310 -35.9% 170 19,920 11617.6% 19,830 66,020 232.9% 40 140 250.0% 810 970 19.8% 1,095,360 752,260 -31.3% 6,192,400 6,576,290 6.2% $35,886,380 37,485,905 4.5% CITY OF MAPLEWOOD, MINNESOTA GENERAL FUND (101) STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE 2006 % CHANGE INCREASE 2005 ORIGINAL 2006 2007 OVER LAST OVER LAST ACTUAL BUDGET RE -EST. BUDGET BUDGET BUDGET Revenues: 1,238,779 1,374,770 1,344,720 1,481,660 7.8% 106,890 Taxes - current property $9,157,645 $10,118,210 $10,036,080 $9,931,080 -1.8% -$187,130 Taxes - electric franchise 0 0 0 959,350 N/A 959,350 Taxes - other 218,930 175,830 243,830 181,940 3.5% 6,110 Special assessments 56,998 37,000 34,610 34,530 -6.7% -2,470 Licenses and permits 1,575,557 1,550,230 1,383,790 1,413,810 -8.8% -136,420 Fines and forfeits 184,084 226,030 206,210 206,210 -8.8% -19,820 Intergovernmental 897,779 983,660 971,685 1,180,570 20.0% 196,910 Charges for services 3,276,884 3,419,480 3,398,070 3,401,460 -0.5% -18,020 Miscellaneous 280,627 229,310 258,790 223,530 -2.5% -5,780 Total revenues 15,648,504 16,739,750 16,533,065 17,532,480 4.7% 792,730 Expenditures: Community Development 1,238,779 1,374,770 1,344,720 1,481,660 7.8% 106,890 Executive 1,213,138 1,287,120 1,485,550 1,498,390 A 16.4% 211,270 Finance 644,657 665,880 655,570 690,870 3.8% 24,990 Fire 1,611,607 1,618,400 1,591,680 1,577,550 -2.5% -40,850 Human Resource 359,553 381,290 371,320 0 A -100.0% -381,290 Legislative 117,887 151,370 146,090 151,480 0.1% 110 Parks and Recreation 1,592,944 1,561,990 1,525,930 369,520 B -76.3% -1,192,470 Police 6,483,191 6,793,010 6,665,650 7,126,855 4.9% 333,845 Public Works 2,049,580 2,225,220 2,204,370 3,432,190 B 54.2% 1,206,970 Records, Elections and Licenses 692,833 760,010 788,020 758,300 -0.2% -1,710 Total expenditures 16,004,169 16,819,060 16,778,900 17,086,815 1.6% 267,755 Excess (deficit) of revenues over expenditures (355,665) (79,310) (245,835) 445,665 -661.9% 524,975 Other financing sources (uses): Operating transfers in (out): Public Safety Comm System Fund 0 0 (40,517) 0 N/A 0 Total other financing sources (uses) 0 0 (40,517) 0 N/A 0 Net change in fund balance (355,665) (79,310) (286,352) 445,665 -661.9% 524,975 Fund balance - January 1 6,333,553 5,906,733 5,977,888 5,691,536 -3.6% -215,197 Fund balance - December 31 $5,977,888 $5,827,423 $5,691,536 $6,137,201 5.3% $309,778 Fund balance/revenues 38.2% 34.8% 34.4% 35.0% Fund balance/expenditures 37.4% 34.6% 33.9% 35.9% A Move Human Resource to Executive ($228,700). B Adjust for moving Park Maintenance ($981,610) and Nature Center ($194,770) to Public Works. 2007 BUDGET - REVISONS SINCE 8-28-06 11 -Sep -06 RECREATION PROGRAMS FUND Cut IT Technician position/reduce IT internal charges (2,680) IMPACT (46,920) TOTAL ON TAX GENERALFUND EXPENDITURES LEVY Reduce legal fees for service (50,000) Reduce building inspection fees for service (45,000) Cut part-time customer service associate Reduce City Manager wages & benefits (45,000) (33,100) Cut temporary help wages for HR (3,780) Less proceeds from equipment certificate Cut HR Director position (1.0 FTE) (147,210) 256,340 262,380 Cut IT Technician position/reduce IT internal charges (46,290) Cut IT Technician position/reduce IT internal charges Cut Public Safety Communications Manager eff. 6-1 (54,410) (2,130) Cut two new sergeant positions (226,420) Cut IT Technician position/reduce IT internal charges Add back two current patrol officers 171,745 Add firefighter/paramedic (0.37 FTE) 25,420 Add firefighter/paramedic (0.63 FTE) Cut paramedic coordinator (4,590) (95,640) Add EMS director 6,210 INFORMATION TECHNOLOGY FUND (incl. above) Increase pay for district chiefs 2,690 (54,440) Cut deputy fire chief (119,650) Reclassify fire marshal as assistant chief 7,520 Cut temporary help wages at Nature Center (7,230) Cut temporary help wages for open space mgmt. (5,380) Move pt. office specialist from Nature Ctr.to code enfmt. (25,650) Public Works Bldg. maintenance projects 47,200 City Hall Bldg. maintenance projects 44,800 TOTAL (475,025) (746,770) RECREATION PROGRAMS FUND Cut IT Technician position/reduce IT internal charges (2,680) Cut Rec Program Supervisor -new hire (1.0 FTE) (46,920) TOTAL (49,600) (50,820) SANITARY SEWER FUND Cut IT Technician position/reduce IT internal charges (530) COMMUNITY CENTER OPERATIONS FUND Cut IT Technician position/reduce IT internal charges (4,030) Cut part-time customer service associate (10,570) Cut part-time bldg. custodian (33,100) Bldg. maintenance projects 504,040 Less proceeds from equipment certificate (200,000) TOTAL 256,340 262,380 ENVIRONMENTAL UTILITY FUND Cut IT Technician position/reduce IT internal charges (380) Eliminate OT for naturalist (2,130) RECYCLING PROGRAM FUND Cut IT Technician position/reduce IT internal charges (40) AMBULANCE SERVICE FUND Cut IT Technician position/reduce IT internal charges (490) Add firefighter/paramedic (0.63 FTE) 43,270 Cut paramedic coordinator (95,640) Add EMS director 129,290 INFORMATION TECHNOLOGY FUND (incl. above) Cut IT Technician position (1.0 FTE) (54,440) TOTAL IMPACT ON TAX LEVY (535,210) P:\EXCEL\BUDMISC\2007 BUDGET\2007 BUDGET REVISIONS TAX LEVY FOR 2006-2007 PAEXCEL\BUDMISC\2007 BUDGET\07TAXESTF 11 -Sep -06 Proposed 2006 2007 Change Levy Levy Amount Percent Operations: General Fund $ 10,738,190 $ 10,630,720 ($107,470) -1.0% Community Center Fund $39,000 $483,650 $444,650 1140.1% Recreation Programs Fund $312,380 $284,910 ($27,470) -8.8% Operations Total $11,089,570 $11,399,280 $309,710 2.8% Capital Improvements: C.I.P. Fund $0 $0 $0 N/A Fire Truck Replacement Fund $0 $0 $0 N/A Park Development Fund $0 $0 $0 N/A Capital Improvements Total $0 $0 $0 N/A Debt Service: Debt Service Fund $3,016,800 $3,140,800 $124,000 4.1% Totals -All Funds $14,106,370 $14,540,080 $433,710 3.1% Tax bevy to replace franchIse.. ax $981;934. $981,934 N/A, Revised Totals $14,106,370 $15,522,014 $1,415,644 10.0% Tax levy to keep.tax cafe same as payable; 200E $193,793 $193,793 N/A Revised Totals $14,106,370 $15,715,807 $1,609,437 11.4% PAEXCEL\BUDMISC\2007 BUDGET\07TAXESTF 11 -Sep -06 ESTIMATED 2007 TAX INCREASE ON HOMES PAYABLE 2006 2007 2007 2007 2006 CITY CITY CITY CITY HOME TAXES TAXES TAXES TAXES VAULE ACTUAL ESTIMATE(a) ESTIMATE(b) ESTIMATE(c) 100,000 341 338 361 363 150,000 512 507 543 545 300,000 1,024 1,015 1,085 1,090 400,000 1,365 1,353 1,447 1,453 (a)Tax levy increase of 3.1 % less 4% due to tax base changes (b)Tax levy increase of 10.0% less 4% due to tax base changes (c)Tax levy increase of 11.4% less 4% due to tax base changes (d)Median value home. The payable 2007 value is $220,100. P:\FINANCE\EXCEL\BUDMISC\2007 BUDGET REVISIONS\TAX ON HOMES 07A DATE: 11 -Sep -06