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HomeMy WebLinkAbout2005 08-22 City Council PacketAMENDED AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 22nd, 2005 Council Chambers, City Hall Meeting No. 05 -17 i�0 _1I M toZ*] N Q 4 N B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. 1 then will direct staff, as appropriate, to answer questions or respond to comments." I1l9 »:ISITI1 We] 0LUI10Dj1 *1 Minutes from the City Council Meeting- August 08, 2005 E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS Proclamation — Stepfamily Day G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Consider Setting of 2006 Street Improvement Assessment Rates 3. Approve Clarification to Resolution Approving Berm for 1 -94 Noise Mitigation, City Project 03 -12 4. Temporary Gambling Permit — North Star Chapter BCCA 5. Temporary Liquor Permit — Fee Waiver Request — St. Jerome Church 6. Toenjes Hills Estates Final Plat (McMenemy Street and Toenjes Place) 7. Conditional Use Permit Review — Feed Products and Service (1300 McKnight Road North) 8. Conditional Use Permit Review — Commercial Equipment Parking and Storage (65 Larpenteur Avenue E.) 9. Conditional Use Permit Review — Venburg Tire (3001 Maplewood Drive North) 10. Conditional Use Permit Review — Heritage Square Second Addition (Kennard Street and County Road D) 11. Conditional Use Permit Review — Legacy Village PUD (County Road D, Kennard Street and Southlawn Drive) 12. 2005 Paid - per -call Firefighter Pay Rate Change 13. Donation to Citizens on Patrol (Amended 08- 19 -05) 10 01- 1I lei 01 e1NI0 F AT IT I M N• x e l a 4 11 1.1 UNFINISHED BUSINESS Approval to Purchase 800 MHz Dispatch Equipment K. NEW BUSINESS The Myth Nightclub (3090 Southlawn Drive) a. Shared Parking Agreement Approval b. Outdoor Patio Approval Adoption of the Countywide Emergency Operations Plan Water Surcharge Ordinance Second Reading Authorization to Begin Contract Negotiations for Recycling Services as Recommended by Environmental Committee Ohlson Landscaping and Oehrlein Lawn Maintenance Conditional Use Permit Revision (Gladstone Neighborhood - 1949 Atlantic Street) New Best Buy Store (1801 County Road D) a. Parking Count Reduction Authorization b. Design Approval L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS 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) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of 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 MAPLEWOOD CITY COUNCIL Agenda Item D1 7:05 P.M. Monday, August 08, 2005 Council Chambers, City Hall Meeting No. 05 -16 U 1 -1 C. La E F CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:05 P.M. by Mayor Cardinal. 1:2 4 4 BIC] mrelffil 4 4 MM FilL,IN= ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Absent Jackie Monahan - Junek, Councilmember Present Will Rossbach. Councilmember Present APPROVAL OF MINUTES 1. Minutes from City Council Meeting -July 25, 2005 Councilmember Juenemann moved to approve the minutes from the July 25, 2005 as presented. Seconded by Councilmember Rossbach Ayes-All 19 »:ISITI11111115Cy w40 M1. National Night Out M2. Historical Commission M3. Schlomka Property Process N1. 800 MHz Equipment N2. Proposed 2006 Budget Councilmember Monahan -Junek moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All APPOINTMENTS /PRESENTATIONS None G. CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items: 1, 2, 3, 7, 8, 9, and 10. Seconded by Councilmember Monahan -Junek Ayes-All Councilmember Juenemann moved to adopt consent agenda items: 4, 5, and 6. Seconded by Councilmember Monahan -Junek Ayes-All City Council Meeting 08 -08 -05 1. Approval of Claims ACCOUNTS PAYABLE: $ 538,502.92 Checks # 67483 thru # 67550 dated 07/26/05 $ 317,581.19 Disbursements via debits to checking account dated 07/15/05 thru 07/21/05 $ 1,015,723.26 Checks # 67551 thru # 67614 dated 8/02/05 $ 1,150,928.96 Disbursements via debits to checking account dated 07/22/05 thru 07/29/05 $ 3,022,736.33 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 465,815.50 7/29/05 $ 200.00 Payroll Deduction check # 102095 thru # 102095 dated 7/29/05 $ 466,015.50 Total Payroll $ 3,488,751.83 GRAND TOTAL 2. Healtheast Tax - Exempt Bond Prepayment Request Adopt the following resolution approving the bond prepayment (refunding) request for HealthEast: RESOLUTION 05 -08 -122 CONSENTING TO THE ISSUANCE OF REFUNDING BONDS WHEREAS, the City of Maplewood, Minnesota, issued its $21,000,000 Health Care Facility Revenue Bonds (HealthEast Project) Series 1996 (the "1996 Bonds ") and loaned the proceeds to HealthEast; and WHEREAS, HealthEast desires to refund the 1996 Bonds, which would be prepaid in full, from a portion of the proceeds of bonds to be issued in connection with a HealthEast project in the City of Saint Paul; WHEREAS, Minnesota Statutes, Section 469.162, Subdivision 12, provides that no issuer may issue revenue bonds to refund bonds previously issued by another issuer without the consent of the original issuer; and City Council Meeting 08 -08 -05 2 WHEREAS, HealthEast has requested the City of Maplewood, Minnesota, to consent to the issuance of refunding bonds; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the City of Maplewood does hereby consent to the refunding of the 1996 Bonds from proceeds of bonds to be issued by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota. This resolution shall be effective immediately upon adoption. Final Plat — Overview (Summer Place and McMenemy Street) Approved the final plat date - stamped July 19, 2005 for Overview. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. Final Plat — Heritage Square Fourth Addition (New County Road D, west of Highway 61) Approved the final plat date - stamped July 14, 2005, for the Heritage Square 4` Addition, subject to the applicant: 1. Providing cash escrow, in an amount to be determined by the city engineer, to guarantee the dedication of the trail easements. The city will not sign the plat documents until this escrow has been paid. 2. Completing the trail- easement dedication before the city will issue the second building permit for this project. Billing Agreement with St. Paul Regional Water Services Approved the billing agreement with St. Paul Regional Water Services AMENDMENT NO. 5 to AGREEMENT BETWEEN BOARD OF WATER COMMISSIONERS and CITY OF MAPLEWOOD This AMENDMENT NO. 5 TO AGREEMENT entered into this _ day of , 2005, by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation of the State of Minnesota (the 'Board "), and the CITY OF MAPLEWOOD, a municipal corporation of the State of Minnesota ( "Maplewood "). WITNESSETH: WHEREAS, Maplewood and the Board entered into an agreement dated October 30, 1996 for the provision of water service by the Board to properties within Maplewood (the "Agreement'); and WHEREAS, Article XIV of the Agreement allows for amendments to the original agreement; and WHEREAS, Maplewood wishes to have the Board bill a water surcharge to its customers as an additional billing service; and WHEREAS, the Board is willing and able to provide this service; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties mutually agree to amend the Agreement according to the following: City Council Meeting 08 -08 -05 1. The Board will bill and collect a surcharge on water bills issued to Maplewood customers' ( "Surcharge Billing ") effective January 1, 2006. The surcharge will be based on a percentage of water billings as determined by Maplewood. 2. Maplewood agrees to pay all costs to initiate or make modifications to Surcharge Billing, including, but not limited to system programming, set -up and billing procedural changes. 3. Maplewood shall initially pay the Board a fee of $0.02 per bill, per account, for Board's Surcharge Billing service ( "Billing Fee "). The parties shall review the Billing Fee on the same cycle as sewer and recycle billing fee review, as described in Amendment No.2 to the Agreement. 4. The Board shall pay Maplewood an amount equal to the Surcharge Billing less Billing Fees. Payment will be made on a monthly basis. 5. Inquires by customers on the surcharge shall be referred to the City of Maplewood IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to Agreement to be executed as of the day and year first above written. Donation to Maplewood Police Reserves Accepted the donation form the Ramsey County Agricultural Society /Fair Board. Hazelwood Street Improvement, County Road C to Beam Ave., Project 01 -16 — Resolution for Acceptance of Project Approved the following resolutions for modification of the existing construction contract, Change Order No. 4, and for acceptance of the project: RESOLUTION 05 -08 -123 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 01 -16, CHANGE ORDER No. 4 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 01 -16, Hazelwood Street Improvements, County Road C to Beam Avenue, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 01 -16, Change Order No. 4, as an increase to said contract by an amount of $25,400.00, such that the new contract amount is now and hereby established as $774,510.86 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 4 as a contract increase in the amount of $25,400.00. The revised contract amount is $774,510.86. No revisions to the project budget are proposed at this time, as these changes fall within the original project scope and budget. City Council Meeting 08 -08 -05 RESOLUTION 05 -08 -124 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Hazelwood Street Improvements, City Project 01 -16, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 01 -16 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Legacy Village Lighting Improvement, Project 04 -23 — Acceptance of Project Adopted the following resolution for the Legacy Street Lighting Improvements, City Project 04- 23- Resolution for Acceptance of Project: RESOLUTION 05 -08 -125 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Legacy Street Light Improvements, City Project 04 -23, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 04 -23 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Brad Camitsch — Ramsey County Sheriff's — Fright Farm on Ramsey County Fairgrounds Approved the permit for the Ramsey County Sheriff's Department to hold their annual "Fright Farm" Halloween event at the Ramsey County Extension Services Barn. 10. Resolution Certifying Election Judges Adopted the following resolution accepting Election Judges for the 2005 Primary Election: RESOLUTION ACCEPTING ELECTION JUDGES 05 -08 -126 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2005 Primary Election, to be held on Tuesday, September 13. Anderson, Cynthia Bunde, Jennette Eickhoff, Carolyn Anderson, Elsie Button, Joan Erickson, Elizabeth Anderson, Ronald Cahanes, Lucille Erickson, Phyllis Anderson, Suzanne Carr, Robert Fischer, Lorraine Ansari, Ahsan Chastan, Jeffrey Fischer, Mary Barrett, Marlis Cleland, Ann Fitzgerald, Delores Bartelt, Joan Cofield, Jean Fosburgh, Anne Belland, Jaime Connelly, Colleen Frazen, James Berger, Carole Connelly, Thomas Freer, MaryJo Berger, Mery Davidson, Marianne Fritsche, Samantha Berry, Bud Dickson, Jean Gierzek, Clarice Bhupat, Desai Dittel, Kathleen Gilstad, Mark Bortz, Jeanne Droeger, Diane Golaski, Diane Bowman, Kim DuCharme, Fred Graham, Paul Breidenstein, Anna Duellman, Audrey Grant, Guy City Council Meeting 08 -08 -05 Grant, Mary Leo , Pati Schaaf, Larry Gunn, Jaclynn Leonard, Claudette Schoenecker, Sandy Hayde, Walter Lincowski, Steve Schroepfer, Harriet Hecht, Lloyd Lincowski, Vi Schulte, Paula Heinenger, Gordon Lofgren, Delores Shaul, Brian Hensley, Pat Lofgren, Richard Shore, Theresa Hines, Constance Lundgren, Robert Skinner, Jeanne Hogan, AnnaMae Maeyaert, Paul Spangler, Bob Holzemer, Mary Mahre, Carol Spies, Louis Horton, Shirlee Mahre, Geri Stafki, Tim Iversen, Mildred Manders, Rose Marie Stark, David Janacek, Jeff Manthey, John Stevens, Sandra Jefferson, Gwen Marsch, Delores Taylor, Lorraine Johannessen, Judith Maskrey, Thomas Taylor, Rita Johnson, Barbara Mechelke, Geraldine Thompson, Milo Kidman, Marilyn Mechelke, MaryLou Thompson, Pat King, Helen Meyer, Jackie Tillman, Leila Kirchoff, Harold Misgen, Joan Tolbert, Franklin Koch, Rosemary Mollers, Katherine Tomaszewski, Carmen Koval, Harry Mossong, Betty Trippler, Dale Krekelberg, Mona Lou Muraski, Gerry Tucker, Cecilia Krominga, Josephine Muraski, Howard Unger, Connie Kubesh, Toni Myster, Thomas Urbanski, Holly Kunde, Margaret Nieman, James VanBlaricom, Beulah LaCasse, Annette Nieters, Louise Vandeveer, Barbara Lackner, Marvella Norberg, Ann Marie Vangas, Vilhelmine Lally, Rita Olson, Lois Vatne, Mary Lampe, Charlotte Orlando, Sallye Wagner, Connie Lauren, Lorraine Pehl, David Wandersee, Gene Leiner, Wanda Petrie, James Wasmundt, Gayle Leeman, Anita Rossow, Kenneth Willy, John Leiter, Barbara Rudeen, Elaine Witschen, Delores Leo, Ann Sajevic, Florence Zacho, Karen H. PUBLIC HEARINGS 1. 7:00 Tax - Exempt Revenue Financing -VOA a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Mayor Cardinal introduced City Attorney Dave Ramberg. Councilmember Rossbach moved to adopt the following resolution approving Maplewood giving approval for up to $9.5 million in tax - exempt revenue financing for the Volunteers of America for the Maplewood Care Center at 1900 Sherren Avenue and the Homestead at Maplewood at 1890 Sherren Avenue: City Council Meeting 08 -08 -05 RESOLUTION 05 -08 -127 AUTHORIZING THE ISSUANCE OF HEALTH CARE FACILITY REFUNDING REVENUE BONDS (VOA CARE CENTERS, MINNESOTA PROJECT) AND THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of Maplewood (the "City ") has received a proposal from VOA Care Centers, Minnesota, a Minnesota nonprofit corporation (the "Borrower "), that the City issue its revenue bonds in the aggregate principal amount of up to $9,500,000 to refund and redeem the outstanding principal balance of the City's $9,445,000 Health Care Facility Revenue Bonds, Series 1994 (VOA Care Centers, Minnesota Project), relating to the nursing facility and assisted living facility located at 1900 Sherren Avenue East and 1890 Sherren Avenue East, respectively, in the City (the "Project ") and financing certain other costs related to the Project; and WHEREAS, pursuant to Minnesota Statutes, Section 462C.01 and 462C.03, the City has prepared a housing program (the "Housing Program ") in connection with the Project; and WHEREAS, in accordance with Minnesota Statutes, Section 462C.04, subd. 2, the City has held a public hearing on the Housing Program and the issuance of revenue bonds of the City to finance the Project. follows: NOW THEREFORE, BE IT RESOLVED bythe City Council of the City of Maplewood, Minnesota, as The Housing Program is hereby approved in substantially the form on file with the City. 2. The Borrower has proposed that the City issue up to $9,500,000 Health Care Facility Refunding Revenue Bonds (VOA Care Centers, Minnesota Project), Series 2005 in one or more series, one of which may be taxable obligation (the "Bonds ") to finance the costs of the Project pursuant to an Indenture of Trust, dated as of September 1, 1994 (the "Indenture "), as amended by a First Supplemental Indenture of Trust (the "First Supplemental Indenture "), executed by the City and U.S. Bank National Association, in St. Paul, Minnesota (the "Trustee ") at the interest rate or rates as set forth in the First Supplemental Indenture. 3. The Bonds will be purchased from the City in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement ") among the City, the Borrower and Piper Jaffray & Co. (the "Underwriter "). The Bonds will be offered to the public by the Underwriter pursuant to an Official Statement (the "Official Statement "). 4. Pursuant to the terms of a the Loan Agreement, dated as of September 1, 1994 (the "Loan Agreement ") as amended by a First Amendment to Loan Agreement between the City and the Borrower (the "First Amended Loan Agreement "), the City will loan the proceeds of the Bonds to the Borrower to finance or refinance the Project. The Loan Agreement also provides for the Borrower to pay the City an administrative fee sufficient to compensate the City for the administrative time and expense incurred in connection with the issuance of the Bonds. 5. The payment of the principal, purchase price of, and interest on the Bonds is secured by a Mortgage and Security Agreement, as amended by a First Amendmentto Mortgage (the "First Amendment to Mortgage "), from the Borrower to the Trustee, by which the Borrower grants to the Trustee a mortgage lien on and security interest in certain mortgaged property, as described therein, as further security forthe payment of the Bonds. 6. Forms of the following documents have been submitted to the City Council: City Council 08 -08 -05 (a) The First Amendment to Loan Agreement; (b) The First Supplemental Indenture; and (c) The Bond Purchase Agreement. The First Amendment to Loan Agreement, First Supplemental Indenture and Bond Purchase Agreement are hereafter referred to as the 'Bond Documents." 7. It is hereby found, determined and declared that: (a) the issuance and sale of the Bonds, the execution and delivery by the City of the Bond Documents and the performance of all covenants and agreements of the City contained in the Bond Documents and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Bond Documents and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (b) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (c) the basic payments under the Loan Agreement, as amended are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture, as supplemented when due, and the Loan Agreement, as amended and Indenture, as supplemented also provide that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project premises and payable during the term of the Loan Agreement, as amended and Indenture, as supplemented; (d) under the provisions of Minnesota Statutes, Chapter 462C and as provided in the Loan Agreement, as amended and Indenture, as supplemented, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premiums thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 8. The forms of the Bond Documents and exhibits thereto are approved in substantially the form submitted. The Bond Documents, in substantially the forms submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transactions described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transactions herein described shall be delivered, filed and recorded as provided herein and in Bond Documents. 9. The City shall proceed forthwith to issue the Bonds, in the form and upon the terms set forth in the First Supplemental Indenture. The Bonds will be purchased on substantially the terms set forth in the Bond Purchase Agreement and the First Supplemental Indenture which have been submitted to the City in connection with this Resolution. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the First Supplemental Indenture and to deliverthem to the Trustee for authentication and delivery to the original Underwriters. City Council 08 -08 -05 10. Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Underwriter and Bond Counsel certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained herein. 11. The City hereby ratifies, confirms and consents to the use of the Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Official Statement other than the section therein captioned "The Issuer," and the City takes no responsibility for such information. 12. The approval hereby given to the Bond Documents and the various other documents referred to in paragraph 6 above includes approval of (a) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel, the City Attorney and the City officials authorized herein to execute said documents prior to their execution and (b) such additional documents, agreements or certificates as may be necessary and appropriate in connection with the Bond Documents, as are approved by Bond Counsel, the City Attorney and City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof and hereof. In the absence (or inability) of the Mayor or City Clerk, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor or the Acting City Clerk, respectively. Seconded by Councilmember Monahan -Junek Ayes-All le\gTIM N exel a 41 Applewood Park/Neighborhood Preserve Bid Opening City Manager Fursman presented the report. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Juenemann moved to award the low bid to Ebert Construction in the amount of $199,404.41 and bid addendum one be awarded to that firm as well in the amount of $11,330 with the monies to be allocated from the park development fund. Seconded by Councilmember Monahan -Junek Ayes-All UNFINISHED BUSINESS None K. NEW BUSINESS Proposed 2006 Budget City Manager Fursman presented the report and presented specifics from the report. Mayor Cardinal moved to reduce the 2005 actual budget by 2 %. Seconded by Councilmember Monahan -Junek Ayes—All City Council 08 -08 -05 Councilmember Juenemann moved to accept the 2006 budget from the City Manager and Finance Staff as presented. Seconded by Councilmember Rossbach Ayes—All Water Surcharge Ordinance (First Reading) a. City Manager Fursman presented the report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved first reading of the water surcharge ordinance: ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO WATER UTILITIES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Part 1. Section 40, Article III is hereby amended to read as follows: Division 5. Water Surcharge Section 40 -477. Purpose and Intent. The city has determined that water system improvements in the St. Paul water service district need to be constructed that cannot be fully assessed. In order to pay for these costs a surcharge on water charges in the St. Paul billing district is established. Section 40 -478. Rates. A surcharge on water charges in the St. Paul billing district shall be set from time to time by the council and shall be on file for inspection in city offices. Section 40 -478. Statements and delinquent accounts. Statements and delinquent accounts shall be the same as that specified for sanitary sewer charges for the St. Paul billing district in Sections 40 -63 and 40 -64. Part 2. This ordinance shall take effect and be in force beginning January 1, 2006. Seconded by Councilmember Rossbach Ayes-All 3. County Road D Realignment East, City Project 02 -07- Approve County Road D Pipe Maintenance Agreement with Ramsey - Washington Metro Watershed District City Manager Fursman presented the report. City Engineer AN presented specifics from the report. Councilmember Monahan -Junek moved to accept the following County Road D Pipeline Maintenance Agreement wit RWMWD and authorized the Mayor to enter in to said agreement on behalf of the city: City Council 08 -08 -05 10 COUNTY ROAD D PIPE MAINTENANCE AGREEMENT This Maintenance Agreement is made this day of , by and between the City of Maplewood, a municipal corporation under the laws of the State of Minnesota (herein referred to as "City ") and the Ramsey - Washington Metro Watershed District, a municipal corporation under the laws of the State of Minnesota (herein referred to as "the District "), to provide for the maintenance of the District pipes through the County Road D roadway embankment. WHEREAS, the District issued a permit to the City for roadway construction. The District's permit allowed for the roadway construction to impact the District's pipes by allowing settlement of up to two (2) feet; and WHEREAS, it has been determined that the District pipes have settled in excess of four (4) feet in some areas due to the City's roadway construction; and WHEREAS, the parties seek to amicably address the immediate issues together with a long term maintenance agreement; NOW, THEREFORE, it is mutually agreed by and between the parties: 1. The City shall coordinate and pay for a diver to enter the pipe to assess the condition to determine whether any permanent deformation or structural problems with the pipes exist. 2. The City shall conduct a survey to determine the profile of the in -place pipelines. The City shall work with the pipe supplier to conduct calculations to determine whether the settlement that has occurred is a problem with the pipe structurally. If there is a problem, the City shall immediately take all steps necessary to put the pipe in the condition it was before the roadway construction. 3. The City shall continue to monitor pipe settlement through the existing monitoring ports throughout all phases of construction affecting said pipe and immediately notify the District of any changes to said pipe. 4. The City shall locate and uncover the District's piezometers covered by the embankment construction. 5. The City shall inspect said pipe on an on -going basis which shall not be less than one time annually to determine that the District's pipes are operating properly. 6. The City hereby grants the right to the District to enter onto the property to inspect the District's pipe as the District, in its sole discretion, deems necessary. In the event it is determined that the District pipes are not operating properly as a result of the City's roadway construction, the City shall be liable to repair said pipes in a timely manner and shall be solely liable for all costs incurred thereon. The City shall be responsible to the District for any and all fees and costs associated with said repairs and indemnify the District from any liability thereon. This Agreement shall be binding on said parties, its successors and assigns. Seconded by Councilmember Rossbach Ayes -All City Council 08 -08 -05 11 4. Gladstone Redevelopment, City Project 04 -21 — Approve Resolution Ordering an Alternative Urban Area wide Review (AUAR) for the Gladstone Area Redevelopment Plan a. City Manager Fursman presented the report. b. City Engineer AN presented specifics from the report. C. The following persons were heard: Dale Trippler, 1201 Junction Avenue, Maplewood Ron Cockriel, 943 Century Avenue, Maplewood Councilmember Juenemann moved to adopt the following resolution for the Gladstone Redevelopment Protect, City Protect 04 -21, ordering an Alternative Urban Area wide Review (AUAR) for the Gladstone Redevelopment Plan located in the City of Maplewood: RESOLUTION NO. 05 -08 -127 A RESOLUTION ORDERING AN ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) FOR THE GLADSTONE AREA REDEVELOPMENT PLAN LOCATED IN THE CITY OF MAPLEWOOD WHEREAS, in December of 2004, the City of Maplewood initiated a redevelopment planning process for the Gladstone area generally defined as the area along Frost Avenue between US Highway 61 and Hazelwood Street N and the area along English Street between Ripley Avenue and the Gateway Trail further described in the attached Exhibit A; and, WHEREAS, the City has an approved Comprehensive Plan that establishes future land use patterns in the Gladstone area consisting of open space, single and double dwelling residential, light manufacturing and business commercial and that addresses public facilities and implementation strategies; and, WHEREAS, the Gladstone area contains a number of older commercial uses and parcels that demonstrate signs of obsolescence, inefficient land use and site layout, dilapidation and deterioration and other signs of a need for revitalization; and, WHEREAS, the City is aware of a number of properties within the project area that are likely to redevelop in the near future and the desired development patterns are not likely to be consistent with the current Comprehensive Plan; and, WHEREAS, the master planning effort is intended to result in a plan that establishes a vision and future land use plan to guide redevelopment efforts on an areawide basis as opposed to reacting to individual redevelopment proposals; and, WHEREAS, the master planning effort has resulted in a concept that explores higher density housing development on redeveloped parcels within the project area and limited neighborhood commercial uses; and, WHEREAS, the development concept is supported by a range of public improvements to area park and open space systems, roadway improvements, streetscape enhancements, burial of overhead utility lines, and stormwater management systems; and, WHEREAS, an environmental review is necessary to evaluate the cumulative impacts of potential development within the Gladstone Area on the neighborhood and the community; and WHEREAS, an Alternative Urban Areawide Review (AUAR) is a substitute form of environmental review that replaces an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS) as provided for in Minnesota Rules Chapter 4410.3600 and is a more City Council 08 -08 -05 12 appropriate form of environmental review that evaluates cumulative impacts resulting from multiple re- development projects spread over a larger area; and, WHEREAS, the City of Maplewood is the Responsible Governmental Unit (RGU) assigned the responsibility of conducting the AUAR; and, WHEREAS, Minnesota Rule 4410.3610 (AUAR Process) Subpart 3 requires an 'order for review" to define the review area boundaries and the "anticipated nature, location and intensity" of projected future development; and, WHEREAS, over the last two years the City has conducted a number of public meetings to discuss and evaluate various redevelopment concepts as presented by private developers, neighborhood groups and interested landowners; and, WHEREAS, the Comprehensive Plan and the Master Plan will serve as the basis for the development of the AUAR. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Maplewood, County of Ramsey, State of Minnesota, adopts this Order for Review authorizing utilization of an Alternative Urban Areawide Review (AUAR) pursuant to Minnesota Rules 4410.3610 for the purpose of conducting an environmental review and analysis of redevelopment impacts in the Gladstone Area. Seconded by Councilmember Monahan -Junek Ayes -All Intoxicating Liquor License — TG Friday's, 3087 White Bear Avenue North Councilmember Monahan -Junek moved to designate a liquor license for TGI Fridays until October 1, 2005. If the application is not submitted by October 1 ", staff will submit a request at the October 10, 2005 Council Meeting requesting that the license no longer be held. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers Monahan -Junek and Rossbach Nay - Councilmember Juenemann Utility Easement Vacation (Heritage Square Fourth Addition) City Manager Fursman presented the report. Planner Ekstrand presented specifics from the report. Councilmember Monahan -Junek moved to adopt the following resolution vacating the dra that follows the old Lydia Avenue alignment: EASEMENT VACATION RESOLUTION 05 -08 -128 WHEREAS, Jim Kellison, of Kelco Real Estate Development Services, applied for the vacation of the following: Drainage and utility easement described by the following document numbers: #2156689, #2451070, #2678102 and #2987438 WHEREAS, the history of this vacation is as follows: On July 18, 2005, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property City Council 08 -08 -05 13 owners. The commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the public easement vacation. On August 8, 2005, the city council considered this request. The city staff sent a meeting notice to the abutting property owners. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approved this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacation for the following reasons: It is in the public interest. The existing easement is not needed for utility or drainage purposes. The approved Heritage Square 4` Addition site plan has a building proposed on top of the easement. Seconded by Councilmember Juenemann Ayes -All Maplewood Business Center Landscape /Screening Plan (1616 Gervais Avenue) City Manager Fursman presented the report. Planner Finwall presented specifics from the report. C. Patrick Lensing, Steiner Development, leasing agent for the Maplewood Business Center addressed council questions. d. The following persons were heard: Joseph Yahnke, 1595 Grandview Avenue, Maplewood Cindy Hall, 1596 Grandview Avenue, Maplewood Councilmember Monahan -Junek moved to approve the 'PVC Fence" landscape /screen plan date stamped June 17, 2005, for the Maplewood Business Center located at 1616 Gervais Avenue with the following revisions and conditions: 1. The fence shall be installed on top of the berm, along Germain Street, and shall extend from the south side of the south building, to the north side of the north building (approximately 285 linear feet). 2. In addition to the five 12 -foot high spruce trees to be planted on the east side of the fence, six landscape areas should be planted in front of the fence, along Germain Street. Each landscape area should include six low- maintenance evergreen and deciduous shrubs (5 gallon pots), planted in a rock mulch. The landscape areas should be staggered along the west side of the entire length of the fence, along Germain Street. 3. The fence should be constructed with a minimum of a 5 degree angle from the horizontal every 15 feet. The landscape /screen plan must be completely installed by September 8, 2005. City Council 08 -08 -05 14 The landscape and fencing must be maintained and landscaping replaced by the owner if it dies. Seconded by Councilmember Rossbach Ayes-All The Woodlands of Maplewood (McMenemy Street, north of Kingston Avenue) a. Land Use Plan Change -R -1 (single - family residential) to R -2 (single and double dwellings) (4 votes) b. Zoning Map Change -F (farm residence) to R -2 (single and double dwellings) c. Street right -of -way vacation (Edgemont Street, north of Kingston Avenue) d. Conditional use permit (CUP) for a planned unit development (PUD) e. Preliminary plat f. Design Approval a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. C. Boardmember Olson presented the Community Design Review Board report. d. Commissioner Trippler represented the Planning Commission report. e. The following persons were heard: Brian Bourassa, applicant, MFRA Engineering Chris English, Metro Land Surveying and Engineering Dale Trippler, 1201 Junction Avenue, Maplewood Chris English, Metro Land Surveying and Engineering, second appearance Mr. English, representing the applicant, asked the council to table action on the proposal. Mayor Cardinal moved to table this item until the September 12` City Council Meeting. Seconded by Councilmember Juenemann Ayes-All A five minute break was taken Walgreens (White Bear and Beam Avenues) a. Land Use Plan Change (LBC (limited business commercial) to BC (business commercial) (4 votes) b. Zoning Map Change -LBC (limited business commercial) to BC (business commercial) c. City Council Initiated Map Changes 1. Land Use Plan Change -LBC (limited business commercial) to BC (business commercial) 2. Zoning Map Change -LBC (limited business commercial) to BC (business commercial) d. Design Approval Councilmember Monahan -Junek moved to deny the applicants' (Meer Construction and the Maplewood Financial Center) reauest for a comprehensive land use plan map chanae from limited business commercial (LBC) to business commercial (BC) for the vacant property located on the northeast corner of Beam and White Bear Avenues. The citv is denvina this reauest based on the followin Mogren Landscaping is an owner of the above - mentioned land holding the fee title City Council 08 -08 -05 15 interest and a full reversion in the lease. Mogren Landscaping opposes the comprehensive land use change request. C. Maplewood Financial Center is not an exclusive owner of this property, and there is not agreement between the owners regarding the comprehensive land use change. Seconded by Councilmember Juenemann Ayes-All Councilmember Monahan -Junek moved to deny the applicants' (Meer Construction and the Maplewood Financial Center) request for a zoning map change from limited business commercial (LBC) to business commercial (BC) for the vacant property located on the northeast corner of Beam and White Bear Avenues. The city is denying this request based on the following: Mogren Landscaping is an owner of the above - mentioned land holding the fee title interest and a full reversion in the lease. Mogren Landscaping opposes the zoning map change request. C. Maplewood Financial Center is not an exclusive owner of this property, and there is not agreement between the owners regarding the zoning map change. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to direct staff to investigate the history of the parcel (when the zoning was changed and why and if there are any other situations where a parcel was changes from LBC to BC) for historic perspective. Seconded by Councilmember Rossbach Ayes-All Councilmember Monahan -Junek moved to deny the design review based on the fact that the use is not allowed in the existing comprehensive plan and zoning district designation of limited business commercial (LBC) since the city council did not initiate the comprehensive land use and zoning map change. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to extend the meeting until the completion of the agenda at 10:55 p.m. Seconded by Councilmember Rossbach Ayes -All 10. Maplewood Toyota Vehicle Parking and Sales Facility (south site — NW corner of Highway 61 and Beam Avenue) a. Conditional Use Permit (CUP) Revision (for parking ramp and for motor vehicle sales within 350 feet of residential district) b. Setback variance for parking ramp from public right -of -way C. Design Approval a. City Manager Fursman presented the report. b. Planner Ekstrand presented specifics from the report. C. Boardmember Olson presented the Community Design Review Board report. City Council 08 -08 -05 16 Commissioner Trippler presented the Planning Commission Report. e. Steve McDaniel, applicant, was present to address council questions. Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit revision for a parking ramp with car sales within 350 feet of residential property. Approval is based on the findings required by ordinance and subject to the following conditions (Additions are underlined and deletions are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION 05 -08 -129 WHEREAS, BWBR Architects, on behalf of Steve McDaniels of Maplewood Toyota, applied for a conditional use permit revision to construct a parking ramp with car sales within 350 feet of residential property. The proposed ramp would be 200 feet from the nearest neighbors' residential property line. WHEREAS, this permit applies to property located at the northwest corner of Beam Avenue and Highway 61. The legal description is: Subject to road and highway, part westerly of centerline of said highway of South 253 feet of the east 608.4 feet of the NE '/a of Section 4, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: On June 20, 2005, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve this permit. The city council held a public meeting on August 8, 2005, to review this proposal. The council considered the report 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 inconformity 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. 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. City Council 08 -08 -05 17 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. 10. Automotive sales and repair facilities are accepted uses in M1 districts subject to appropriate conditions. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): -ntonn shall follow the site plan appFeved by the Gity 1. . All construction shall follow the site plan date - stamped May 26, 2005, with the exception that the street -side setbacks for the proposed parking ramp shall be set further back to meet the required 30- foot setback requirement. The director of community development may approve minor changes to the plans. 2. The proposed construction must be substantially started or the proposed use utilized 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. 4. The Innation of the pFepesed building on this site is not appFeved. if the appliGant wants to nonstri-int this .. w . c . be appF by th ,.., Maplewood Toyota shall stop the use of Beam Avenue for employee parking. The site and ramp parking plan shall be revised to incorporate a sufficient number of parking spaces for employees and customers. This plan must be submitted to staff for approval before the city will issue a building permit. 5. mils f9F then RGtF IGtiGR f twit ,. Vehicle- transport deliveries shall continue to be handled on -site and not within the right -of -way. 6. The applicant shall submit a detailed site - liahtina clan that includes fixture desian. Dole heights and light- spread intensities at residential lot lines. This plan shall ensure that neighbors cannot see any light bulbs or lenses directly and that light intensity and light spread meet the Darameters of the citv's liahtina ordinance. This Dlan should be submitted for staff approval 7. The applicant shall change their on -site paging system to utilize personal electronic pagers instead of a broadcast system to stop broadcasts that can be heard in the adjacent residential neighborhood. 8. The applicant shall sign an agreement with the City Engineer agreeing to perform environmental improvements on their site south of Beam Avenue. The details of these improvements shall be worked out with the City Engineer. City Council 08 -08 -05 18 9. The city staff shall assess the traffic flow along Beam Avenue, west of Highway 61, after the County Road D extension is operational. If traffic congestion remains, the City Engineer shall offer corrective suggestions to the City Council. 10. The ramp parking shall be striped as a typical parking lot. That is, no more than two cars deep. Seconded by Mayor Cardinal Ayes-All Councilmember Rossbach moved to approve the request for a setback variance from the street right -of- way lines for the reduced setbacks for the proposed parking ramp. Approval is because it would cause the applicant undue hardship by reducing the number of parking spaces on the site if setbacks were adhered to. Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmembers Monahan - Juenemann, Rossbach Nays - Councilmember Juenemann Councilmember Monahan -Junek moved to approve the parking -ramp plan revisions, the lighting plan and the landscaping plan date - stamped July 15, 2005, and July 21, 2005, for the proposed parking ramp proposal for Maplewood Toyota at the northwest corner of Beam Avenue and Highway 61. The applicant shall comply with the following conditions before the issuance of a building permit: 1. The approved color shall be the smooth white option with a textured red stripe 2. Submit a detailed lighting plan to staff for approval showing the proposed fixture design and pole heights. There shall be no lights that shine toward the west. There shall be no lights mounted on the west of the proposed ramp that shine to the west. 3. Submit a revised landscaping plan to staff for approval that states that the proposed evergreen trees would be at least six feet tall and be balled and burlapped. 4. Submit an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of completing the landscaping and site lighting. 5. These items must be provided before the city shall issue a building permit. Seconded by Councilmember Rossbach Ayes-All 11 Maplewood Toyota Expansion (north site — north of LaMettry's Collision -2923 Highway 61) a. Conditional Use Permit (CUP) for outdoor motor vehicle storage Design Approval a. City Manager Fursman presented the report. b. Planner Ekstrand presented specifics from the report. Boardmember Olson presented the Community Design Review Board report. d. Commissioner Trippler presented the Planning Commission report. Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit to store cars on the property between LaMettry Collision and Gulden's Roadhouse. Approval is based on the findings required by ordinance and subject to the following conditions: City Council 08 -08 -05 19 CONDITIONAL USE PERMIT RESOLUTION 05 -08 -130 WHEREAS, BWBR Architects, on behalf of Steve McDaniels of Maplewood Toyota, applied for a conditional use permit to construct a parking lot before constructing a building on the same lot. WHEREAS, this permit applies to property located between LaMettry Collision and Gulden's Roadhouse. The legal description is: SECTION 4, TOWNSHIP 29, RANGE 22, EX N 409.5 FT & EX W 197.4 FT OF NWLY 469.5 FT & EX S 698 FT THE FOL; THE E 723.4 FT LYING WLY OF HWY OF SE 1 /4 OF NE 1 /4 (SUBJ TO RD & EASEMENTS) IN SEC 04, TN 29, RN 22. WHEREAS, the history of this conditional use permit is as follows: On June 20, 2005, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve this permit. The city council held a public meeting on August 8, 2005, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described conditional use permit because: 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. 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. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. City Council 08 -08 -05 20 9. The use would cause minimal adverse environmental effects. 10. Automotive sales and repair facilities are accepted uses in M1 districts subject to appropriate conditions. Approval is subject to the following conditions: 1. All construction shall follow the site plan date - stamped May 26, 2005, and also shall follow any conditions attached herein. The director of community development may approve minor changes to the plans. 2. The proposed construction must be substantially started or the proposed use utilized 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. 4. The applicant shall comply with the impervious- surface requirements of the Shoreland Ordinance and the impervious - surface area requirements determined by the Maplewood Engineering Department in their report dated June 7, 2005. The applicant shall either decrease the aggregate surface parking or increase the pervious parking surface by 20 feet to meet the requirements of the shoreland ordinance. 5. The applicant shall incorporate low- impact development improvements on the parcel south of Beam Avenue by September 30, 2007, as outlined in the June 7, 2005, Engineering Plan Review by the city's engineering department. The applicant and /or his engineer should meet on site with the city engineering staff to discuss what options would be appropriate and effective. 6. The property owner shall obtain city approvals and begin construction of a permanent building on this site by September 30, 2007, to coincide with the deadline for gravel removal. This is because this parking lot is considered to be needed for the applicant's desired future building. Parking lots by themselves as a primary use must be set back at least 350 feet from residential districts. Parking lots that are accessory to a building may be 20 feet from residential property lines. Seconded by Councilmember Monahan -Junek Ayes -All Councilmember Monahan -Junek moved to approve the plans date - stamped May 26, 2005, and the revised ramp and landscaping designs date - stamped July 15, 2005, for the Maplewood Toyota parking lot between LaMettry Collision and Gulden's Roadhouse. Approval is subject to the applicant doing the following: The applicant shall submit a detailed site - lighting plan that includes fixture design, pole heights and light- spread intensities at residential lot lines. This plan shall ensure that neighbors cannot see any light bulbs or lenses directly and that light intensity and light spread meet the parameters of the city's lighting ordinance. This plan should be submitted to staff for approval. The landscaping plan shall be resubmitted to staff for approval providing for additional overstory trees along with the evergreens proposed for the northwest corner of the site. The site shall also have an in- ground irrigation system installed when the future building is built. The landscaping plan shall also provide sod on the east, north and south sides of the parking lot. The pond area to the west can remain natural. City Council 08 -08 -05 21 The design of the retaining wall is approved. Areas where the retaining wall exceeds four feet in height must be designed by a structural engineer and have a protective fence on top. The design of the fence shall be submitted to staff for approval. The applicant shall assure that there will be no negative effect to the Gulden's parking lot or property due to their parking lot construction and retaining wall. The Class -5 gravel mix for the temporary parking lot is not allowed. A clean aggregate may be used subject to the approval of the city engineer and the Ramsey/Washington Watershed District. This gravel parking lot shall not be used longer than two construction seasons, but no later than September 30, 2007, after which time, it must be removed or replaced with a permanent surface. At that time, if the parking lot remains in use, the parking lot must be upgraded with concrete curbing as required by ordinance. The applicant shall submit cash escrow or an irrevocable letter of credit before the issuance of a grading permit to cover the cost of installing all required landscaping. This escrow shall be in the amount of 150 percent of the cost of all landscaping. Seconded by Mayor Cardinal Ayes-All I�TJ1; .1111t•1:a:a:J *1140 0111 None ILVi11�K011LI :NIa:J *11a0rr eIIIQ0 1 &1 National Night Out — Councilmember Juenemann thanked everyone for their participation and involvement in National Night Out. Historical Commission — Councilmember Rossbach encouraged the city to make better use of the Historical Commission when conducting city business. Schlomka Property — Pubic Works Director AN gave a status report on the property. Proposed 2006 Budget — Mayor Cardinal informed the public that the 2006 proposed budget is ready and can be viewed at City Hall or at the County Library. 10 ll�el• LViIIn1 .11 :fill IDI=I :J:J *1140 01W 800 MHZ Equipment Check — City Manager gave an update on the status of equipment and the need to decide to perform a check -up on the microwave link in conjunction with the test that Ramsey County will be performing. City Manager Fursman gave the approval to perform the test. O. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 12:10 a.m. Seconded by Councilmember Monahan -Junek Ayes-All City Council 08 -08 -05 22 Agenda Item F1 Proclamation Whereas, the City of Maplewood, and Stepfamily Day is enhanced by our strong commitment to support the stepfamilies of our nation in their mission to raise their children, create strong family structures to support the individual members of the family, instill in them a sense of responsibility to all extended family members. Whereas, approximately half of all Americans are currently involved in some form of stepfamily relationship and it is the vision of Founder, Michigan's Christy Borgeld and the Stepfamily Association of America that all stepfamilies in the United States be accepted, supported and successful. Whereas, the City of Maplewood, and our nation has been blessed by thousands upon thousands of loving stepparents and stepchildren who are daily reminders of the joy, trials, and triumphs of the stepfamily experience and of the boundless love contained in the bond between all types of parents and children. Whereas, Stepfamily Day is a day to celebrate the many invaluable contributions stepfamilies have made to enriching the lives and life experience of the children and parents of America and to strengthening the fabric of American families and society. NOW, THEREFORE, I, Mayor Bob Cardinal, do hereby proclaim Friday, September 16, 2005 as Stepfamily Day. Mayor Bob Cardinal City of Maplewood, Minnesota Date AGENDA NO. G -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: August 22, 2005 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. ACCOUNTSPAYABLE: $ 363,197.29 Checks # 67615 thru # 67670 dated 8/09/05 $ 2,457,399.48 Disbursements via debits to checking account dated 08/01/05 thru 08/04/05 $ 660,966.30 Checks # 67671 thru # 67733 dated 08/12/05 thru 08/16/05 $ 157,188.38 Disbursements via debits to checking account dated 08/05/05 thru 08/11/05 $ 3,638,751.45 Total Accounts Payable PAYROLL $ 473,040.70 Payroll Checks and Direct Deposits dated 08/12/05 $ 2,406.75 Payroll Deduction check # 102222 thru # 102224 dated 08/12/05 $ 475,447.45 Total Payroll $ 4,114,198.90 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any question on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments cAMy Documents \Excel \Miscellaneous \05- AprClms 08 -05 and 08- 12.xls vchlist Check Register Page: 1 08/05/2005 City of Maplewood Check Date Vendor Description /Account Amount 67615 8/9/2005 00008 A M E M CONFERENCE REGISTRATION 240.00 67616 8/9/2005 03451 ACE OF SPADES LEGACY PARK WATERING 1,600.00 67617 8/9/2005 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 7/21 - 1,129.97 67618 8/9/2005 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 270.00 67619 8/9/2005 00198 BOARD OF WATER COMMISSIONERS FINAL WATER BILL - 1900 11.63 67620 8/9/2005 00211 BRAUN INTERTEC CORP. PROJ 02 -07 PROFS SRVS THRU 175.00 PROJ 02 -08 PROF SRVS THRU 7/15 1,168.20 PROJ 04 -15 PROF SRVS THRU 7/15 3,341.00 67621 8/9/2005 03448 CITI -CARGO & STORAGE PROJ 03 -19 PW BLDG ADDITION 214.03 67622 8/9/2005 00384 DE LAGE LANDEN FINANCIAL SRVS RICOH COPIER LEASE 169.97 67623 8/9/2005 00358 DGM INC. TOW FORFEITURE VEHICLE 143.78 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 143.78 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 149.10 TOW FORFEITURE VEHICLE 168.78 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 111.83 67624 8/9/2005 03444 DOUGLASS, TOM REIMB FOR TUITION 114.50 67625 8/9/2005 01401 FIRST STUDENT INC BUS FEE TO GAMEWORKS - MPLS 194.10 67626 8/9/2005 00526 FOREST LAKE CONTRACTING INC PROJ 03 -39 HAZELWOOD ST PYMT 248,177.05 67627 8/9/2005 00529 FORTIS BENEFITS INSURANCE CO STD PLAN 4043120 -0 -1 AUGUST 1,495.63 67628 8/9/2005 03449 GENE'S WATER & SEWER INC PROJ 04 -15 INSTALL LINER 4,000.00 67629 8/9/2005 00584 GOPHER STAGE LIGHTING BULBS 76.40 67630 8/9/2005 00612 GYM WORKS INC PREV MAINT EXERCISE 200.00 67631 8/9/2005 02945 HEALTHEAST VEHICLE SERVICES REPAIR VEHICLE 318.01 REPAIR VEHICLE 307.63 REPAIR VEHICLE 219.78 67632 8/9/2005 00718 INDEPENDENT SCHOOL DIST #622 RENTAL OF SPACE 250.00 67633 8/9/2005 00721 INDEPENDENT SPORTS NETWORK SOFTBALL UMPIRING SRVS 7/15 - 4,347.75 67634 8/9/2005 00827 L M C I T CLAIM DEDUCTIBLE 11029673 50,000.00 67635 8/9/2005 00908 M R P A SOFTBALL TOURNAMENT 140.00 67636 8/9/2005 01028 MN STATE TREASURER STAX MONTHLY SURTAX - JUL 10,484.21 67637 8/9/2005 01162 NEW MECH COMPANIES INC REPAIR BOILER PIPE LEAKS 4,135.00 67638 8/9/2005 01213 OLSON, JULIE REIMB FOR TUITION & BOOKS 651.75 REIMB FOR TUITION 210.00 67639 8/9/2005 00001 ONE TIME VENDOR REIMB R DYKEMA- PR #04 -15 1,017.29 67640 8/9/2005 00001 ONE TIME VENDOR REIMB W COURNOYER - PR# 04 -15 766.55 67641 8/9/2005 00001 ONE TIME VENDOR REIMB D FLINT - PR #04 -15 DRVWY 630.53 67642 8/9/2005 00001 ONE TIME VENDOR REF EMMA NORTON SRVS - 356.22 67643 8/9/2005 00001 ONE TIME VENDOR REF LORI DVORAK- REC 70.00 67644 8/9/2005 00001 ONE TIME VENDOR REF MICHELE DANSKY - REC 50.00 67645 8/9/2005 00001 ONE TIME VENDOR REF LINDA CAIN - REC PROGRAM 50.00 67646 8/9/2005 00001 ONE TIME VENDOR REF SHARON WILLIAMS - REC 50.00 67647 8/9/2005 00001 ONE TIME VENDOR REF ELIZABETH ERICKSON - 40.00 67648 8/9/2005 00001 ONE TIME VENDOR REF H KOECKERITZ -MCC 20.00 67649 8/9/2005 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 602.30 67650 8/9/2005 03382 PETE'S WATER & SEWER INC DISCONNECT SEWER 750.00 2 vchlist Check Register Page: 2 08/05/2005 City of Maplewood Check Date Vendor Descriotion /Account Amount 67651 8/9/2005 01283 POST BOARD POLICE OFFICER LICENSE 90.00 67652 8/9/2005 00396 PUBLIC SAFETY, DEPT OF TRANSFER FORFEITURE VEHICLE 27.00 67653 8/9/2005 01337 RAMSEY COUNTY -PROP REC & REV STREET SIGNAL MAINT 104.98 LAMPING SERVICE FOR TRAFFIC 74.20 67654 8/9/2005 01360 REINHART FOODSERVICE MERCH FOR RESALE 266.24 67655 8/9/2005 03450 RILEY, DETTMANN & KELSEY CONSULTING SERVICES 920.25 67656 8/9/2005 01418 SAM'S CLUB DIRECT CAMP SUPPLIES 107.85 CAMP SUPPLIES 93.82 67657 8/9/2005 02118 SCHMIDT, RUSSELL REIMB FOR TUITION & BOOKS 897.48 67658 8/9/2005 01449 SERVICE SALES CORP. DMV COUNTER TICKETS 231.96 67659 8/9/2005 01466 SKYHAWKS SPORTS ACADEMY SPORTS CLINIC 3,701.70 67660 8/9/2005 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 686.70 67661 8/9/2005 01538 STREICHER'S LEDX 2100 LED LOW PROFILE 6,642.00 67662 8/9/2005 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 3,707.40 67663 8/9/2005 01572 SYSTEMS SUPPLY, INC. TONER CARTRIDGES 154.77 TONER CARTRIDGES 111.23 67664 8/9/2005 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 315.40 67665 8/9/2005 01578 T.R.F. SUPPLY CO. LEATHER SAFETY GLOVES 164.40 67666 8/9/2005 02069 ULTIMATE DRAIN SERVICES INC PROJ 04 -15 TELEVISING MAIN LINE 195.00 67667 8/9/2005 03414 VADNAIS HEIGHTS, CITY OF HERITAGE DAYS BOOTH SPACE 65.00 67668 8/9/2005 01728 VOYAGEUR ASSET MGMT INC INV MGMT SERVICES 1,016.86 67669 8/9/2005 01750 WATSON CO INC, THE MERCH FOR RESALE 500.72 67670 8/9/2005 01190 XCEL ENERGY MONTHLY UTILITIES 3,732.18 56 Checks in this report Total checks : 363,197.29 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee Description Amount 07/29/05 08/01/05 MN State Treasurer Drivers License /Deputy Registrar 19,891.19 07/29/05 08/01/05 U.S. Treasurer Federal Payroll Tax 99,135.56 07/29/05 08/01/05 P.E.R.A. P.E.R.A. 52,478.48 08/01/05 08/01/05 US Bank Trust Debt Service payments 2,196,601.26 08/01/05 08/02/05 MN State Treasurer Drivers License /Deputy Registrar 18,692.77 07/29/05 08/02/05 MN State Treasurer State Payroll Tax 19,270.12 07/29/05 08/02/05 Labor Unions Union Dues 3,619.80 08/02/05 08/03/05 MN State Treasurer Drivers License /Deputy Registrar 23,998.70 08/03/05 08/04/05 MN State Treasurer Drivers License /Deputy Registrar 20,864.50 08/01/05 08/04/05 ARC Administration DCRP & Flex plan payments 2,847.10 TOTAL 2,457,399.48 53 vchlist Check Register Page: 1 08/12/2005 City of Maplewood Check Date Vendor Description /Account Amount 67671 8/12/2005 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 326.54 67672 8/12/2005 01190 XCEL ENERGY MONTHLY UTILITIES 11,589.87 67673 8/16/2005 00131 ASPEN EQUIPMENT CO DUMP BODIES FOR SINGLE AXLE 37,141.86 67674 8/16/2005 03452 B & B ASSOCIATES /CRYSTAL BOILER OPERATORS EXAM 169.00 67675 8/16/2005 03453 BORNSTAD, MYRON REF GRADING ESC - 2074 1,089.32 67676 8/16/2005 00211 BRAUN INTERTEC CORP. PROJ 03 -39 PROF SRVS THRU 1,937.25 67677 8/16/2005 00221 BROCK WHITE COMPANY, LLC. STREAMBANK STABILIZATION 1,367.46 STREAMBANK STABILIZATION 319.50 67678 8/16/2005 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECK 50.00 67679 8/16/2005 00255 CAPITOL RUBBER STAMP CO. NOTARY STAMP 21.30 67680 8/16/2005 02114 CARL BOLANDER & SONS CO. REF GRADING ESC - 1966 11,024.05 67681 8/16/2005 00275 CAVETT, CHRIS REIMB FOR MILEAGE & PARKING 46.29 67682 8/16/2005 00494 CHILDREN HOME & FAMILY SERVICE YOUTH DIVERSION SERVICES - 3,526.08 67683 8/16/2005 03182 CLASSIC TRANSPORT SRVS TOW FORFEITURE VEHICLES 120.77 67684 8/16/2005 00382 DAVIS LOCK & SAFE REPAIR LOCK CYLINDER 129.41 INSTALL LOCK 120.00 67685 8/16/2005 00403 DISPUTE RESOLUTION CENTER CHARITABLE GAMBLING 3,600.00 67686 8/16/2005 01372 DYNAMEX DELIVERS NOW DELIVERY SERVICE 17.43 67687 8/16/2005 00477 ESS BROTHERS & SONS INC 314SN SANITARY SEWER 8,350.67 67688 8/16/2005 00526 FOREST LAKE CONTRACTING INC PROJ 04 -23 LEGACY VILLAGE 17,885.00 67689 8/16/2005 00610 GULDENS ROADHOUSE INC CITY EMPLOYEE PICNIC 1,330.00 67690 8/16/2005 03155 HIBBERD, JOSEPH H POOL & LODGING INSPECTIONS 325.00 67691 8/16/2005 03434 HURSHUAJER, NUCHAMI REF GRADING ESC - 2415 500.00 67692 8/16/2005 00718 INDEPENDENT SCHOOL DIST #622 GYM RENTAL 56.00 67693 8/16/2005 03087 JACOBSON, SCOTT A REIMB FOR MILEAGE 5/11 TO 5/12 17.01 67694 8/16/2005 01894 KELLY & FAWCETT PA PROSECUTION SERVICES - JUL 9,825.00 LEAGL SERVICES - JUL 18,693.16 67695 8/16/2005 00827 L M C I T QUARTERLY PREM THRU 9/05 43,016.75 67696 8/16/2005 01051 MN OCCUPATIONAL HEALTH PRE - EMPLOYMENT PHYSICALS 538.50 67697 8/16/2005 01156 NELSON, JEAN REIMB FOR MILEAGE 6/1 - 7/31 75.41 67698 8/16/2005 01174 NORTH ST PAUL- MAPLEWOOD- ROTARY MEMBERSHIP DUES 175.00 ROTARY MEMBERSHIP DUES 212.50 67699 8/16/2005 01199 NOVAK, JERRY REIMB FOR HOSE TESTER PARTS 95.79 67700 8/16/2005 01202 NYSTROM PUBLISHING CO INC PARKS & REC BROCHURE & 9,830.79 FIRE FIGHTER BROCHURE 733.79 67701 8/16/2005 02300 OAKDALE LOCKSMITHS KEYS 41.32 67702 8/16/2005 03263 ODESSA CONSTRUCTION INC LEGACY VILLAGE PARK - FINAL 1,502.95 67703 8/16/2005 00001 ONE TIME VENDOR REF JAMES JASBERG - AMB 298.00 67704 8/16/2005 00001 ONE TIME VENDOR REF DONALD HOULE - PROJ 04 -15 261.77 67705 8/16/2005 00001 ONE TIME VENDOR REF RACHELLE GILLESPIE - 140.00 67706 8/16/2005 00001 ONE TIME VENDOR REF RORY BEZECNY - PARKS 140.00 67707 8/16/2005 00001 ONE TIME VENDOR REF SHEILA ZINS - PARKS PROG 140.00 67708 8/16/2005 00001 ONE TIME VENDOR REF JIM ARIOLA - PARKS PROG 140.00 67709 8/16/2005 00001 ONE TIME VENDOR REF JEFFREY VELURE -AMB 116.20 67710 8/16/2005 00001 ONE TIME VENDOR REF ANGELA GLASOW - MCC 78.00 67711 8/16/2005 00001 ONE TIME VENDOR REF DONNAS GOODRICH - 75.00 67712 8/16/2005 00001 ONE TIME VENDOR REF TRISHA MOQU IN - PARK 55.00 67713 8/16/2005 00001 ONE TIME VENDOR REF SUSAN VERMILYEA - PARKS 50.00 67714 8/16/2005 00001 ONE TIME VENDOR REF ROBERT JORDAN -AMB 8.00 67715 8/16/2005 01225 OSWALD HOSE & ADAPTERS WASH UP HOSES 163.43 5 vchlist Check Register Page: 2 08/12/2005 City of Maplewood Check Date Vendor Descriotion /Account Amount 67716 8/16/2005 02903 PARK CONSTRUCTION CO PROJ 01 -16 HAZELWOOD ST - 25,400.00 67717 8/16/2005 01941 PATRICK GRAPHICS & TROPHIES SOCCER PARTICIPATION AWARDS 201.29 SOFTBALL TROPHIES 31.84 67718 8/16/2005 02563 PHILLIPS MEDICAL SYSTEMS ELECTRODE CABLE & LEAD SETS 364.82 HEARTSTART MRX ALS MONITOR- 2,122.50 FR2 BATTERY 167.74 PHILLIPS MRX ALS MONITOR 38,480.00 EXPRESS REPAIR SERVICE 4,245.00 DEFIBRILLATOR/MONITOR 2,112.00 3 YEAR SERVICE AGREEMENT 4,224.00 67719 8/16/2005 01337 RAMSEY COUNTY -PROP REC & REV SPECIAL ASSESS MGMT FEE 6,245.00 67720 8/16/2005 01337 RAMSEY COUNTY -PROP REC & REV NATIVE PLANTS 531.44 67721 8/16/2005 01359 REGAL AUTO WASH DETAIL XX CAR WASHES - MAY 128.61 67722 8/16/2005 01360 REINHART FOODSERVICE MERCH FOR RESALE 242.54 67723 8/16/2005 03446 RICK JOHNSON DEER & BEAVER INC DEER REMOVAL - JUL 100.00 67724 8/16/2005 01526 STATE TREASURER EDUCATION SEMINARS 280.00 67725 8/16/2005 01545 SUBURBAN RATE AUTHORITY MEMBERSHIP ASSESS - 2ND HALF 1,200.00 67726 8/16/2005 01572 SYSTEMS SUPPLY, INC. PRINTER CARTRIDGES 157.36 67727 8/16/2005 01574 T.A. SCHIFSKY & SONS, INC PROJ 04 -15 GLADSTONE N PYMT 367,987.54 67728 8/16/2005 01574 T.A. SCHIFSKY & SONS, INC PROJ 01 -14 REPAIR PARKING LOT 1,953.69 VARIOUS BITUMINOUS MATERIALS 1,914.67 67729 8/16/2005 01683 UNIFORMS UNLIMITED INC BULLETPROOF VEST 679.95 BULLETPROOF VEST 799.50 BULLETPROOF VEST 799.50 67730 8/16/2005 01709 VASKO RUBBISH REMOVAL RUBBISH REMOVAL 419.00 RUBBISH REMOVAL 9,262.00 67731 8/16/2005 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 2,126.12 67732 8/16/2005 01755 WEBER ELECTRIC CHECK LITES & COMPRESSOR 466.22 REPAIR POWER TO PARKING LOT 697.80 67733 8/16/2005 02090 WONG, VERA MING ART INSTRUCTOR 7/12 & 19 160.00 63 Checks in this report Total checks : 660,966.30 M CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee Description Amount 08/04/05 08/05/05 MN State Treasurer Drivers License /Deputy Registrar 15,359.25 07/29/05 08/05/05 WI Dept of Revenue State Payroll Tax 2,495.80 08/04/05 08/05/05 MN Dept of Natural Resources DNR electronic licenses 425.72 08/05/05 08/08/05 MN State Treasurer Drivers License /Deputy Registrar 15,853.83 08/08/05 08/09/05 MN State Treasurer Drivers License /Deputy Registrar 19,934.82 08/08/05 08/09/05 Pitney Bowes Postage 2,985.00 08/09/05 08/10/05 MN State Treasurer Drivers License /Deputy Registrar 19,702.48 08/10/05 08/11/05 MN State Treasurer Drivers License /Deputy Registrar 16,949.53 08/05/05 08/11/05 Elan Financial Services* Purchasing card items 63,481.95 TOTAL 157,188.38 *Detailed listings of Elan purchasing card items are attached. 7 Transaction Review For Transactions posted between 07/23/2005 to 08/05/2005 Post Date Vendor Name Settlement Amt Cardholder Name 07/27/2005 SPRINT PCS- 996 -SP NR 35.00 BRUCE K ANDERSON 08/05/2005 DPMS INC 447.81 SCOTT ANDREWS 07/28/2005 ORIENTAL TRADING CO 75.55 MANDY ANZALDI 07/25/2005 LAMETTRY'S COLLISION 2,138.40 JOHN BANICK 07/26/2005 MN PHOTO 5.38 JOHN BANICK 07/26/2005 SHRED -IT 109.89 JOHN BANICK 07/26/2005 BEST BUY 00000109 442.73 JOHN BANICK 08/01/2005 DOWNTOWNER CAR WASH 80.25 JOHN BANICK 08/01/2005 DON' PAINT & BODY SHOP 1,206.70 JOHN BANICK 08/03/2005 BATTERIES PLUS 15.96 JOHN BANICK 08/04/2005 MN PHOTO 18.00 JOHN BANICK 07/25/2005 WEBER & TROSETH INC 17.87 JIM BEHAN 07/25/2005 CRAMERBLDG SERVICES INC 1,299.88 JIM BEHAN 07/25/2005 POOLSIDE 617.32 JIM BEHAN 07/29/2005 ELECTRIC MOTOR REPAIR INC 345.33 JIM BEHAN 07/29/2005 POOLSIDE 41.96 JIM BEHAN 08/01/2005 AQUA LOGIC INC 114.35 JIM BEHAN 08/01/2005 AQUA LOGIC INC 75.32 JIM BEHAN 08/01/2005 AQUA LOGIC INC 702.90 JIM BEHAN 08/01/2005 SIMPLEXGRINNEL 168.33 JIM BEHAN 08/03/2005 US BUILDER SUPPLY 142.59 JIM BEHAN 08/04/2005 STATE SUPPLY CO. INC 297.41 JIM BEHAN 08/04/2005 TARGET 00011858 149.09 JIM BEHAN 08/05/2005 CARDINAL SCALE MFG CO 455.75 JIM BEHAN 07/25/2005 BLUE RIBBON BAIT & TACKL 9.90 OAKLEY BIESANZ 07/27/2005 AUTOZONE #3082 13.81 RONBOURQUIN 08/05/2005 INTL ASSOC OF FIRE CHIEFS 170.00 RON BOURQUIN 08/01/2005 SYX GLOBALINDUSTRIALEQ 173.38 ROGER BREHEIM 08/04/2005 HENRIKSEN ACE HARDWARE 12.76 ROGER BREHEIM 08/04/2005 HENRIKSEN ACE HARDWARE 20.76 ROGER BREHEIM 07/25/2005 DEX EAST - LOCKBOX 30.10 HEIDI CAREY 07/25/2005 FEDEX KINKO'S #0617 53.68 HEIDI CAREY 07/28/2005 S & T OFFICE PRODUCTS 6.03 HEIDI CAREY 08/03/2005 FEDEX KINKO'S #0617 53.68 HEIDI CAREY 08/03/2005 NEXTEL WRLESSSVCS 1,010.05 CHRISTOPHER CAVETT 07/27/2005 TIME WARNER CABLE 109.79 LINDA CROSSON 08/04/2005 WMS WASTE MGMT WMEZPAY 839.67 LINDA CROSSON 08/04/2005 GE CAPITAL 149.10 LINDA CROSSON 07/25/2005 COMCAST CABLE COMM 48.28 ROBERTA DARST 07/29/2005 COMCAST CABLE COMM 122.07 ROBERTA DARST 08/01/2005 SENSIBLE LAND USE COAL 30.00 ROBERTA DARST 08/01/2005 PANERA BREAD #3459 309.71 THOMAS G EKSTRAND 07/29/2005 TARGET 00011858 16.17 ANDREW ENGSTROM 07/25/2005 BESTWESTERN EDGEWEAST 33 198.88 DAVID FISHER 07/25/2005 BESTWESTERN EDGEWEAST 33 198.88 DAVID FISHER 07/25/2005 DELL MARKETING LP #83 4,369.74 MYCHAL FOWLDS 07/28/2005 INSIGHT PUBLIC SECTOR 979.33 MYCHAL FOWLDS 08/05/2005 INSIGHT PUBLIC SECTOR 743.21 MYCHAL FOWLDS 07/25/2005 HP DIRECT - PUBLICSECTOR 1,673.12 NICK FRANZEN 07/29/2005 INSIGHT PUBLIC SECTOR 1,017.54 NICK FRANZEN 08/01/2005 INSIGHT PUBLIC SECTOR 63.58 NICK FRANZEN 08/03/2005 BEST BUY 00000109 61.76 NICK FRANZEN 08/02/2005 SPRINTPCS AUTOPYMT RC 120.09 RICHARD FURSMAN 8/9/2005 0 Transaction Review For Transactions posted between 07/23/2005 to 08/05/2005 Post Date Vendor Name Settlement Amt Cardholder Name 07/27/2005 THE HOME DEPOT 2801 14.69 VIRGINIA GAYNOR 07/27/2005 PUBLIC AGENCY TRANING 225.00 CLARENCE GERVAIS 08/01/2005 THE HOME DEPOT 2801 44.46 CLARENCE GERVAIS 08/04/2005 XPEDX - 499.49 JEAN GLASS 07/25/2005 STREAMLINE DESIGN INC 481.95 MIKE GRAF 07/28/2005 FACTORY CARD OUTLET #284 19.15 MIKE GRAF 08/01/2005 WALMART.COM INTERNET O 207.38 MIKE GRAF 08/01/2005 THE HOME DEPOT 2801 11.99 MIKE GRAF 08/04/2005 RAINBOW FOODS 00088617 112.00 MIKE GRAF 07/26/2005 PAKOR INC 422.50 KAREN E GUILFO FEE 07/27/2005 HEJNY RENTAL 13.86 MARK HAAG 07/28/2005 XPEDX 1,696.03 LORI HANSEN 08/04/2005 XPEDX 499.49 LORI HANSEN 07/26/2005 S & T OFFICE PRODUCTS 169.29 LORI HANSON 07/27/2005 LILLIE SUBURBAN NEWSP 1,621.94 LORI HANSON 07/27/2005 MENARDS 3022 44.67 ROLAND HELEY 07/28/2005 DAVIS /SUN TURF /ST. PAUL 90.33 GARY HINNENKAMP 07/28/2005 DAVIS /SUN TURF /ST. PAUL 71.32 GARY HINNENKAMP 07/28/2005 DAVIS /SUN TURF /ST. PAUL -90.33 GARY HINNENKAMP 08/05/2005 ICI -DULUX -PAINTS #0092 1,259.60 GARY HINNENKAMP 07/28/2005 DUNN -RITE PRODUCTS 42.82 RON HORWATH 07/28/2005 SWIMOUTLET.COM 349.30 RON HORWATH 08/01/2005 LMC LAERDAL MEDICAL 73.01 RON HORWATH 08/02/2005 ADT SECURITY SERVICES 157.28 STEVE HURLEY 07/25/2005 MICHAELS #9401 69.58 ANNE HUTCHINSON 07/25/2005 DE LAGE LANDEN OPOI OF 01 206.61 ANNE HUTCHINSON 07/29/2005 FEDEX KINKO'S #0617 31.95 ANNE HUTCHINSON 08/01/2005 NYSTROM PUBLISHING 1,025.60 ANNE HUTCHINSON 08/03/2005 MIDWEST PHOTO SERV 29.10 ANN E HUTCHINSON 08/03/2005 SCHOOL STUFF INC NO6 22.79 ANNE HUTCHINSON 08/03/2005 WOLF CAMERA #1541 6.41 ANNE HUTCHINSON 08/04/2005 METRO SALES INC 01 OF O1 1,020.00 ANNE HUTCHINSON 07/29/2005 DALCO ENTERPRISES, INC 282.48 DAVID JAHN 07/27/2005 POWER SYSTEMS INC 249.64 MARY B KOEHNEN 07/27/2005 SUPREME AUDIO 179.80 MARY B KOEHNEN 08/01/2005 BEST BUY 00000075 22.35 MARY B KOEHNEN 07/26/2005 ARMSTRONG RANCH KENNELS 89.46 DAVID KVAM 07/27/2005 RAY ALLEN MFG CO INC 79.95 DAVID KVAM 08/01 /2005 PAYPAL GOODWRITING 199.00 DAVID KVAM 08/02/2005 VERIZON WRLS I2KW 45.30 SHERYL L LE 07/25/2005 DALCO ENTERPRISES, INC 642.06 MICHAEL LIDBERG 07/25/2005 DALCO ENTERPRISES, INC 65.68 MICHAEL LIDBERG 07/29/2005 DALCO ENTERPRISES, INC 65.68 MICHAEL LIDBERG 07/26/2005 MENARDS 3022 180.50 DENNIS LINDORFF 07/27/2005 MENARDS 3022 8.47 DENNIS LINDORFF 07/29/2005 NORTHERN TOOL EQUIP -MN 26.61 DENNIS LINDORFF 08/03/2005 TWINCITIES WNE00004077 151.04 DENNIS LINDORFF 08/04/2005 MIDWEST FENCE 18.28 DENNIS LINDORFF 07/25/2005 EMERGENCY APPARATUS MAINT 1,320.17 STEVE LUKIN 07/25/2005 EMERGENCY APPARATUS MAINT 735.97 STEVE LUKIN 07/28/2005 ANCOM COMMUNICATIONS INC 852.00 STEVE LUKIN 08/01/2005 BREEZY POINT RESORT/RES -C 480.00 STEVE LUKIN 07/26/2005 LTG POWER EQUIPMENT 246.13 MARK MARUSKA 8/9/2005 0 ' Transaction Review 8i9i2005 For Transactions posted between 07/23/2005 to 08/05/2005 Post Date Vendor Name Settlement Amt Cardholder Name 07/28/2005 HUGOS TREE CARE 266.25 MARK MARUSKA 07/29/2005 LTG POWER EQUIPMENT 146.15 MARK MARUSKA 08/04/2005 VERSA -LOK CONTRACTOR SAL 116.09 MARK MARUSKA 07/28/2005 ARCH WIRELESS 39.39 ED NADEAU 08/03/2005 THE HOME DEPOT 2801 50.65 ED NADEAU 07/28/2005 CINTAS FIRST AID #0431 28.01 BRYAN NAGEL 08/03/2005 KATH AUTO PARTS 112.89 BRYAN NAGEL 08/05/2005 OFFICE MAX 00002204 38.31 BRYAN NAGEL 07/29/2005 NELSON MARINE 532.50 JOHN NAUGHTON 08/01/2005 MILLS FLEET FARM #27 87.30 JOHN NAUGHTON 08/01 /2005 GANDER MOUNTAIN 191.68 JOHN NAUGHTON 07/25/2005 HONEYWELL SECURITOI OF 01 95.00 JEAN NELSON 07/29/2005 S & T OFFICE PRODUCTS 152.45 JEAN NELSON 08/01/2005 S & T OFFICE PRODUCTS 11.20 JEAN NELSON 08/01 /2005 BATTERIES PLUS 20.59 JEAN NELSON 08/04/2005 S & T OFFICE PRODUCTS 49.95 JEAN NELSON 08/01/2005 OXYGEN SERVICE CO 24.87 ERICK OSWALD 08/01 /2005 GARCEAU HARDWARE AND POWE 150.21 ERICK OSWALD 08/03/2005 S & T OFFICE PRODUCTS 72.28 KATHLEEN PECK HALL 08/03/2005 S & T OFFICE PRODUCTS -4.89 KATHLEEN PECK HALL 08/04/2005 S & T OFFICE PRODUCTS 4.89 KATHLEEN PECK HALL 08/04/2005 S & T OFFICE PRODUCTS 21.17 KATHLEEN PECK HALL 07/28/2005 AUTOZONE #3082 5.73 ROBERT PETERSON 08/01/2005 HENRIKSEN ACE HARDWARE 1.27 ROBERT PETERSON 08/01 /2005 BLUE RIBBON BAIT & TACKL 12.00 ROBERT PETERSON 08/01 /2005 BLUE RIBBON BAIT & TACKL 14.86 ROBERT PETERSON 07/25/2005 OFFICE MAX 00002204 42.58 PHILIP F POWELL 07/29/2005 HENRIKSEN ACE HARDWARE 4.65 PHILIP F POWELL 08/01/2005 CHECKER #180200018028 11.55 PHILIP F POWELL 08/03/2005 MEDCO SUPPLY 99.65 PHILIP F POWELL 07/26/2005 PAYPAL TINIBERSPARK 580.00 ROBERT PRECHTEL 08/01/2005 TINIBERSPARK 580.00 ROBERT PRECHTEL 07/28/2005 CINTAS FIRST AID #0431 30.76 WILLIAM J PRIEFER 08/01/2005 METRO SALES INC 01 OF O1 259.00 WILLIAM J PRIEFER 08/01/2005 METRO SALES INC 01 OF O1 546.12 WILLIAM J PRIEFER 07/25/2005 MTI DISTRIBUTING, INC. -PL 86.88 STEVEN PRIEM 07/25/2005 CATCO PARTS & SERV #1 11.05 STEVEN PRIEM 07/25/2005 PAM OIL INC 116.57 STEVEN PRIEM 07/25/2005 DAVIS /SUN TURF /ST. PAUL 92.09 STEVEN PRIEM 07/25/2005 TOUSLEY FORD 127200039 19.59 STEVEN PRIEM 07/25/2005 TOUSLEY FORD 127200039 46.60 STEVEN PRIEM 07/26/2005 KATH AUTO PARTS NSP 44.95 STEVEN PRIEM 07/26/2005 KATH AUTO PARTS 1,435.30 STEVEN PRIEM 07/26/2005 KATH AUTO PARTS 1,495.26 STEVEN PRIEM 07/26/2005 KATH AUTO PARTS 323.87 STEVEN PRIEM 07/27/2005 KATH AUTO PARTS NSP 7.24 STEVEN PRIEM 07/27/2005 KATH AUTO PARTS 67.04 STEVEN PRIEM 07/28/2005 NATIONAL PARTS CORPORATIO 332.05 STEVEN PRIEM 07/29/2005 BAUER BULT TRE33200023 15.71 STEVEN PRIEM 07/29/2005 BAUER BULT TRE33200023 213.00 STEVEN PRIEM 07/29/2005 BAUER BULT TRE33200023 372.75 STEVEN PRIEM 07/29/2005 KREMER SPRING AND ALIGNME 928.97 STEVEN PRIEM 08/01/2005 BOYER FORD TRUCKS INC 720.34 STEVEN PRIEM 10 Transaction Review 8i9i2005 For Transactions posted between 07/23/2005 to 08/05/2005 Post Date Vendor Name Settlement Amt Cardholder Name 08/01/2005 ZARNOTH BRUSH WORKS INC 1,460.65 STEVEN PRIEM 08/01/2005 BOYER FORD TRUCKS INC 123.86 STEVEN PRIEM 08/01/2005 SUNRAYBTB 73.35 STEVEN PRIEM 08/03/2005 POMPS TIRE SERVICE 532.50 STEVEN PRIEM 08/03/2005 BAUER BULT TRE33200023 184.31 STEVEN PRIEM 08/04/2005 BOYER FORD TRUCKS INC 146.98 STEVEN PRIEM 08/04/2005 KATH AUTO PARTS NSP 48.03 STEVEN PRIEM 08/05/2005 TOUSLEY FORD 127200039 183.41 STEVEN PRIEM 08/05/2005 NATIONAL PARTS CORPORATIO 232.96 STEVEN PRIEM 07/26/2005 NEXTEL WIRELESS SVCS 2,059.61 KEVIN RABBETT 08/04/2005 SPARTAN PROMOTIONAL GRP 285.65 KEVIN RABBETT 07/29/2005 TRUMOR INC 185.00 TERRIE RAMEAUX 07/25/2005 DALCO ENTERPRISES, INC 329.84 MICHAEL REILLY 07/29/2005 DALCO ENTERPRISES, INC 25.50 MICHAEL REILLY 07/29/2005 DALCO ENTERPRISES, INC 148.66 MICHAEL REILLY 08/02/2005 MENARDS 3059 53.23 MICHAEL REILLY 07/25/2005 WALGREEN 00029363 6.33 AUDRA ROBBINS 07/27/2005 WONDERMOSTESS #63 27.44 AUDRA ROBBINS 07/29/2005 GAMEWORKS MINN 44209 595.14 AUDRA ROBBINS 08/01/2005 CUB FOODS, INC. 61.73 AUDRA ROBBINS 08/01 /2005 TOYS R US #6046 45.61 AUDRA ROBBINS 08/03/2005 CITY OF EAGAN 200.00 AUDRA ROBBINS 08/03/2005 CUB FOODS, INC. 30.37 AUDRA ROBBINS 08/04/2005 MAD SCIENCE OF MINN 420.00 AUDRA ROBBINS 08/05/2005 CUB FOODS, INC. 7.00 AUDRA ROBBINS 08/05/2005 WALGREEN 00029363 10.26 AUDRA ROBBINS 07/26/2005 GARCEAU HARDWARE AND POWE 971.44 ROBERT RUNNING 08/01/2005 BROCK WHITE -180 410.88 ROBERT RUNNING 08/01/2005 MILLS FLEET FARM #27 42.92 JAMES SCHINDELDECKER 08/01/2005 HIRSHFIELD'S MAPLEWOOD 223.66 JAMES SCHINDELDECKER 07/29/2005 S & T OFFICE PRODUCTS 44.61 DEB SCHMIDT 07/29/2005 THE HOME DEPOT 2801 42.86 RUSSELL L SCHMIDT 08/04/2005 PETSMART 00004614 9.57 RUSSELL L SCHMIDT 08/05/2005 THE HOME DEPOT 2801 -19.14 RUSSELL L SCHMIDT 08/02/2005 T- MOBILE 105.56 SCOTT SCHULTZ 08/03/2005 NEXTEL WIRELESS SVCS 387.33 ANDREA SINDT 08/04/2005 S & T OFFICE PRODUCTS 138.98 ANDREA SINDT 08/01/2005 TARGET 00006940 23.39 PAULINE STAPLES 08/03/2005 RAINBOW FOODS 00088617 19.08 PAULINE STAPLES 07/28/2005 OFFICE MAX 00002204 84.40 JOANNE M SVENDSEN 07/28/2005 S & T OFFICE PRODUCTS 272.98 JOANNE M SVENDSEN 08/01/2005 S & T OFFICE PRODUCTS 9.48 JOANNE M SVENDSEN 08/03/2005 CHECKER #180200018028 29.37 RONALD SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 07/25/2005 MINN FIRE SVC CURT BOARD 55.00 AUSTIN SVENDSEN 11 Transaction Review For Transactions posted between 07/23/2005 to 08/05/2005 Post Date Vendor Name 07/27/2005 CHECKER #180200018028 07/27/2005 MINN FIRE SVC CERT BOARD 07/28/2005 MINN FIRE SVC CERT BOARD 08/01/2005 BREEZY POINT RESORT/RES -C 08/03/2005 MBS DIRECT TEXTBOOKS 08/03/2005 ASPEN MILLS 8005717343 08/04/2005 ANCOM COMMUNICATIONS INC 07/25/2005 MINVALCO INC 08/01/2005 CRAMERBLDG SERVICES INC 08/03/2005 EL REINHARDT COMPANY INC 08/05/2005 HIRSHFIELD'S MAPLEWOOD 08/01/2005 ON SITE SANITATION, IN 08/02/2005 T- MOBILE 08/04/2005 ON SITE SANITATION, IN 07/25/2005 QWESTCOMMTN651 08/04/2005 QWESTCOMMTN651 07/28/2005 GARCEAU HARDWARE AND POWE 08/01/2005 FIREHOUSE SUB SCRI0I OF 01 07/25/2005 VIKING #1090 07/25/2005 VIKING #1090 08/05/2005 VIKING #1105 Settlement Amt Cardholder Name 76.65 AUSTIN SVENDSEN 55.00 AUSTIN SVENDSEN 55.00 AUSTIN SVENDSEN 480.00 AUSTIN SVENDSEN 73.95 AUSTIN SVENDSEN 44.95 AUSTIN SVENDSEN 244.95 AUSTIN SVENDSEN 465.55 LYLE SWANSON 452.26 LYLE SWANSON 159.11 LYLE SWANSON 42.05 LYLE SWANSON 363.00 DOUGLAS J TAUBMAN 173.77 DOUGLAS J TAUBMAN 1,491. 00 DOUGLAS J TAUBMAN 348.92 JUDY TETZLAFF 60.64 JUDY TETZLAFF 137.62 TODD TEVLIN 30.00 JOSEPH WATERS 118.73 SUSANZWIEG 61.53 SUSANZWIEG -1.58 SUSANZWIEG 63,481.95 8/9/2005 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/12/05 CARDINAL, ROBERT 422.42 dd 08/12/05 JUENEMANN, KATHLEEN 371.77 dd 08/12/05 KOPPEN, MARVIN 371.77 dd 08/12/05 MONAHAN- JUNEK, 371.77 dd 08/12/05 ROSSBACH, WILLIAM 371.77 dd 08/12/05 COLEMAN, MELINDA 4,271.10 dd 08/12/05 DARST, ROBERTA 1,713.94 dd 08/12/05 FURSMAN, RICHARD 4,845.94 dd 08/12/05 SWANSON, LYLE 1,662.77 dd 08/12/05 LE, JENNIFER 74.25 dd 08/12/05 LE, SHERYL 4,120.58 dd 08/12/05 RAMEAUX, THERESE 2,376.42 dd 08/12/05 FAUST, DANIEL 4,291.97 dd 08/12/05 SCHMIDT, DEBORAH 1,456.56 dd 08/12/05 ANDERSON, CAROLE 982.36 dd 08/12/05 BAUMAN, GAYLE 3,434.43 dd 08/12/05 JACKSON, MARY 1,819.76 dd 08/12/05 KELSEY, CONNIE 1,606.02 dd 08/12/05 TETZLAFF, JUDY 1,819.75 dd 08/12/05 FRY, PATRICIA 1,689.36 dd 08/12/05 GUILFOILE, KAREN 2,859.47 dd 08/12/05 OSTER, ANDREA 1,764.47 dd 08/12/05 CARLE, JEANETTE 1,633.97 dd 08/12/05 FIGG, SHERRIE 1,153.45 dd 08/12/05 JAGOE, CAROL 1,631.66 dd 08/12/05 JOHNSON, BONNIE 1,007.30 dd 08/12/05 MOY, PAMELA 755.72 dd 08/12/05 OLSON, SANDRA 1,295.64 dd 08/12/05 WEAVER, KRISTINE 1,753.35 dd 08/12/05 BANICK, JOHN 3,871.15 dd 08/12/05 CORCORAN, THERESA 1,629.35 dd 08/12/05 POWELL, PHILIP 2,267.65 dd 08/12/05 RICHIE, CAROLE 1,636.28 dd 08/12/05 SPANGLER, EDNA 308.00 dd 08/12/05 THOMALLA, DAVID 4,287.27 dd 08/12/05 ABEL, CLINT 2,264.34 dd 08/12/05 ALDRIDGE, MARK 2,429.84 dd 08/12/05 ANDREWS, SCOTT 4,011.65 dd 08/12/05 BAKKE,LONN 2,737.86 dd 08/12/05 BELDE, STANLEY 2,681.69 dd 08/12/05 BIERDEMAN, BRIAN 2,289.38 dd 08/12/05 BOHL, JOHN 3,529.57 dd 08/12/05 BUSACK, DANIEL 2,288.03 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/12/05 COFFEY, KEVIN 2,388.83 dd 08/12/05 CROTTY, KERRY 3,054.56 dd 08/12/05 DOBLAR, RICHARD 4,406.66 dd 08/12/05 DUNN, ALICE 2,851.01 dd 08/12/05 GABRIEL, ANTHONY 1,879.47 dd 08/12/05 HEINZ, STEPHEN 3,099.51 dd 08/12/05 HIEBERT, STEVEN 3,008.60 dd 08/12/05 JOHNSON, KEVIN 4,123.88 dd 08/12/05 KALKA, THOMAS 881.56 dd 08/12/05 KARIS, FLINT 3,564.47 dd 08/12/05 KONG, TOMMY 2,363.17 dd 08/12/05 KROLL, BRETT 2,617.85 dd 08/12/05 KVAM, DAVID 3,420.42 dd 08/12/05 LARSON, DANIEL 402.57 dd 08/12/05 LU, JOHNNIE 3,317.81 dd 08/12/05 MARINO, JASON 2,898.89 dd 08/12/05 MARTIN, JERROLD 2,442.49 dd 08/12/05 MCCARTY, GLEN 2,117.98 dd 08/12/05 METRY, ALESIA 2,372.60 dd 08/12/05 NYE, MICHAEL 1,708.58 dd 08/12/05 OLSON, JULIE 2,930.86 dd 08/12/05 RABBETT, KEVIN 3,483.05 dd 08/12/05 RHUDE, MATTHEW 1,664.88 dd 08/12/05 STEFFEN, SCOTT 3,563.53 dd 08/12/05 SYPNIEWSKI, WILLIAM 1,599.34 dd 08/12/05 SZCZEPANSKI, THOMAS 2,555.37 dd 08/12/05 WENZEL, JAY 2,438.69 dd 08/12/05 XIONG,KAO 2,326.76 dd 08/12/05 BARTZ, PAUL 2,669.93 dd 08/12/05 BERGERON, JOSEPH 2,996.99 dd 08/12/05 DUGAS, MICHAEL 2,849.03 dd 08/12/05 ERICKSON, VIRGINIA 2,482.65 dd 08/12/05 FLOR, TIMOTHY 721.68 dd 08/12/05 FLOR, TIMOTHY 2,905.27 dd 08/12/05 FRASER, JOHN 2,593.59 dd 08/12/05 LANGNER, SCOTT 1,932.16 dd 08/12/05 PALMA, STEVEN 3,274.97 dd 08/12/05 THEISEN, PAUL 2,154.04 dd 08/12/05 THIENES, PAUL 3,351.86 dd 08/12/05 CARLSON, BRIAN 1,811.57 dd 08/12/05 DAWSON, RICHARD 2,253.34 dd 08/12/05 DUELLMAN, KIRK 1,997.90 dd 08/12/05 EVERSON, PAUL 2,109.33 dd 08/12/05 HALWEG, JODI 1,826.83 dd 08/12/05 JOHNSON, DOUGLAS 1,981.28 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/12/05 NOVAK, JEROME 2,093.22 dd 08/12/05 PARSONS, KURT 1,935.17 dd 08/12/05 PETERSON,ROBERT 2,168.05 dd 08/12/05 PRECHTEL, ROBERT 2,219.87 dd 08/12/05 SVENDSEN, RONALD 2,204.74 dd 08/12/05 GERVAIS -JR, CLARENCE 2,785.12 dd 08/12/05 BAUER, MICHELLE 1,719.41 dd 08/12/05 FLAUGHER, JAYME 1,876.15 dd 08/12/05 HERMANSON, CHAD 1,855.83 dd 08/12/05 HUB IN, KENNARD 1,923.86 dd 08/12/05 KNAPP, BRETT 1,558.15 dd 08/12/05 LAFFERTY, WALTER 454.93 dd 08/12/05 LINN, BRYAN 2,378.20 dd 08/12/05 PACOLT,MARSHA 2,361.58 dd 08/12/05 RABINE, JANET 1,862.95 dd 08/12/05 SCHAULS, ADAM 195.00 dd 08/12/05 STAHNKE, JULIE 1,945.49 dd 08/12/05 LUKIN, STEVEN 3,767.33 dd 08/12/05 SVENDSEN, AUSTIN 3,019.96 dd 08/12/05 ZWIEG, SUSAN 1,826.50 dd 08/12/05 DOLLERSCHELL, ROBERT 284.84 dd 08/12/05 AHL, R. CHARLES 4,544.67 dd 08/12/05 BREHEIM,ROGER 1,844.37 dd 08/12/05 GROHS, JUDITH 1,777.13 dd 08/12/05 NIVEN, AMY 1,198.62 dd 08/12/05 PRIEFER, WILLIAM 2,629.38 dd 08/12/05 BRINK, TROY 1,670.95 dd 08/12/05 DEBILZAN, THOMAS 1,866.75 dd 08/12/05 EDGE, DOUGLAS 2,125.61 dd 08/12/05 ELIAS, BRANDON 880.00 dd 08/12/05 JONES, DONALD 1,929.43 dd 08/12/05 MEYER, GERALD 1,913.79 dd 08/12/05 NAGEL, BRYAN 2,298.96 dd 08/12/05 OSWALD, ERICK 2,477.58 dd 08/12/05 RUNNING, ROBERT 1,956.03 dd 08/12/05 TEVLIN,TODD 2,195.88 dd 08/12/05 BEYER, MEGAN 813.69 dd 08/12/05 CAVETT, CHRISTOPHER 3,300.94 dd 08/12/05 DUCHARME, JOHN 2,345.26 dd 08/12/05 ENGSTROM, ANDREW 1,570.15 dd 08/12/05 ISAKSON, CHAD 1,019.32 dd 08/12/05 JACOBSON, SCOTT 1,713.05 dd 08/12/05 KNUTSON, LOIS 971.82 dd 08/12/05 LABEREE, ERIN 2,297.35 dd 08/12/05 LINDBLOM, RANDAL 2,366.80 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/12/05 PECK, DENNIS 2,352.19 dd 08/12/05 PRIEBE, WILLIAM 3,036.69 dd 08/12/05 VERMEERSCH, CHARLES 2,231.75 dd 08/12/05 ANDERSON,BRUCE 4,237.32 dd 08/12/05 CAREY, HEIDI 2,070.15 dd 08/12/05 HALL, KATHLEEN 1,766.77 dd 08/12/05 GERVAIS, DAVID 960.00 dd 08/12/05 LUND, ERIC 480.00 dd 08/12/05 MARUSKA, MARK 2,674.70 dd 08/12/05 NAUGHTON, JOHN 1,719.75 dd 08/12/05 SCHINDELDECKER, JAMES 1,842.06 dd 08/12/05 BIESANZ, OAKLEY 1,435.96 dd 08/12/05 HAYMAN, JANET 803.69 dd 08/12/05 HUTCHINSON, ANN 2,262.70 dd 08/12/05 NELSON, JEAN 1,039.58 dd 08/12/05 SEEGER, GERALD 540.28 dd 08/12/05 GAYNOR, VIRGINIA 2,108.41 dd 08/12/05 EKSTRAND, THOMAS 3,043.03 dd 08/12/05 KROLL, LISA 1,223.62 dd 08/12/05 LIVINGSTON, JOYCE 979.00 dd 08/12/05 SINDT, ANDREA 1,672.39 dd 08/12/05 THOMPSON, DEBRA 651.74 dd 08/12/05 YOUNG, TAMELA 1,523.75 dd 08/12/05 FINWALL, SHANN 2,254.15 dd 08/12/05 ROBERTS, KENNETH 2,858.56 dd 08/12/05 CARVER, NICHOLAS 2,770.29 dd 08/12/05 FISHER, DAVID 3,276.22 dd 08/12/05 RICE, MICHAEL 1,954.95 dd 08/12/05 SWAN, DAVID 2,050.95 dd 08/12/05 SWETT, PAUL 1,136.25 dd 08/12/05 KONEWKO, DUWAYNE 3,108.95 dd 08/12/05 ANZALDI, KALI 738.75 dd 08/12/05 WORK, ALICIA 433.50 dd 08/12/05 WORK, BRANDON 310.00 dd 08/12/05 FINN, GREGORY 2,213.26 dd 08/12/05 GOODRICH, CHAD 500.00 dd 08/12/05 GRAF, MICHAEL 1,941.83 dd 08/12/05 KELLY, LISA 1,281.40 dd 08/12/05 NIEMCZYK, BRIAN 142.50 dd 08/12/05 OHLHAUSER, MEGHAN 960.00 dd 08/12/05 ROBB INS, AUDRA 2,116.03 dd 08/12/05 SHERRILL, CAITLIN 191.25 dd 08/12/05 TAUBMAN, DOUGLAS 2,823.85 dd 08/12/05 WERNER, KATIE 53.13 dd 08/12/05 ZIELINSKI, JOSEPH 115.50 16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/12/05 GERMAIN, DAVID 1,857.63 dd 08/12/05 NORDQUIST, RICHARD 1,974.27 dd 08/12/05 SCHULTZ, SCOTT 2,018.95 dd 08/12/05 ANZALDI, MANDY 1,183.23 dd 08/12/05 COLLINS, ASHLEY 80.00 dd 08/12/05 CRAWFORD - JR, RAYMOND 64.00 dd 08/12/05 CROSSON, LINDA 2,610.43 dd 08/12/05 EVANS, CHRISTINE 729.62 dd 08/12/05 MILES,LAURA 100.10 dd 08/12/05 PELOQUIN, PENNYE 335.50 dd 08/12/05 SCHMIDT, RUSSELL 2,026.22 dd 08/12/05 SCHULZE, BRIAN 498.56 dd 08/12/05 STAPLES, PAULINE 2,925.20 dd 08/12/05 ZIELINSKI, JUDY 162.80 dd 08/12/05 ABRAHAMSON, DANIEL 180.25 dd 08/12/05 ANDREA, JOHANNA 124.88 dd 08/12/05 BRENEMAN, NEIL 636.81 dd 08/12/05 BUCKLEY, BRITTANY 219.38 dd 08/12/05 EDSON, JAMIE 404.03 dd 08/12/05 ERICKSON- CLARK, CAROL 90.40 dd 08/12/05 EVANS, KRISTIN 42.00 dd 08/12/05 FIERRO WESTBERG, MELINDA 190.40 dd 08/12/05 FONTAINE, KIM 701.66 dd 08/12/05 GREDVIG, ANDERS 509.76 dd 08/12/05 GUZIK, JENNIFER 427.63 dd 08/12/05 HALEY, BROOKE 528.92 dd 08/12/05 HORWATH, RONALD 1,996.56 dd 08/12/05 IRISH, KARL 79.12 dd 08/12/05 KERSCHNER, JOLENE 688.50 dd 08/12/05 KOEHNEN, AMY 48.30 dd 08/12/05 KOEHNEN,MARY 1,566.58 dd 08/12/05 KRONHOLM,KATHRYN 660.93 dd 08/12/05 MATHEWS, LEAH 92.63 dd 08/12/05 NELSON, SIERRA 177.00 dd 08/12/05 OVERBY, ANNA 57.90 dd 08/12/05 POTTRATZ, DIANE 27.00 dd 08/12/05 PROESCH, ANDY 673.20 dd 08/12/05 SCHAEFER, ANDREA 162.00 dd 08/12/05 SCHULTZ, MATTHEW 180.38 dd 08/12/05 SCHULTZ, PETER 85.80 dd 08/12/05 SMITH, ANN 150.00 dd 08/12/05 TUPY,HEIDE 181.80 dd 08/12/05 TUPY, MARCUS 241.50 dd 08/12/05 WERNER, REBECCA 308.75 dd 08/12/05 GROPPOLI, LINDA 379.20 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 18 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/12/05 KURKOSKI, STEPHANIE 31.24 dd 08/12/05 BEHAN, JAMES 1,718.61 dd 08/12/05 HOUSE, JEFFREY 53.20 dd 08/12/05 LONETTI, JAMES 1,181.22 dd 08/12/05 PATTERSON, ALBERT 1,216.28 dd 08/12/05 PRINS, KELLY 988.62 dd 08/12/05 REILLY, MICHAEL 1,595.75 dd 08/12/05 WALSH, AMANDA 31.59 dd 08/12/05 AICHELE, CRAIG 1,906.95 dd 08/12/05 PRIEM, STEVEN 2,069.35 dd 08/12/05 WOEHRLE, MATTHEW 1,557.35 dd 08/12/05 BERGO, CHAD 2,276.71 dd 08/12/05 FOWLDS, MYCHAL 2,237.42 dd 08/12/05 FRANZEN, NICHOLAS 1,632.72 dd 08/12/05 HURLEY, STEPHEN 3,401.22 wf 102108 08/12/05 WORKMAN, ROBERT 53.13 wf 102109 08/12/05 JAHN, DAVID 1,628.65 wf 102110 08/12/05 MORIN, TROY 176.38 wf 102111 08/12/05 MITCHELL, KELLY 429.00 wf 102112 08/12/05 MATHEYS, ALANA 1,999.02 wf 102113 08/12/05 HANSEN, LORI 1,836.79 wf 102114 08/12/05 PALANK,MARY 1,631.66 wf 102115 08/12/05 SVENDSEN, JOANNE 1,885.35 wf 102116 08/12/05 SHORTREED, MICHAEL 3,483.26 wf 102117 08/12/05 WELCHLIN, CABOT 2,433.74 wf 102118 08/12/05 FREBERG, RONALD 1,877.88 wf 102119 08/12/05 HOEPPNER, STEVEN 880.00 wf 102120 08/12/05 JAROSCH, JONATHAN 1,074.40 wf 102121 08/12/05 EDSON, DAVID 1,877.88 wf 102122 08/12/05 GORE, MICHAEL 1,672.00 wf 102123 08/12/05 HELEY, ROLAND 1,877.88 wf 102124 08/12/05 HINNENKAMP, GARY 1,983.99 wf 102125 08/12/05 LEVDORFF, DENNIS 1,844.37 wf 102126 08/12/05 LUND, MARK 1,177.00 wf 102127 08/12/05 NOVAK, MICHAEL 1,804.55 wf 102128 08/12/05 BERGREN, KIRSTEN 146.25 wf 102129 08/12/05 GERNES, CAROLE 448.75 wf 102130 08/12/05 SOUTTER, CHRISTINE 370.00 wf 102131 08/12/05 BALLESTRAZZE, THAD 849.25 wf 102132 08/12/05 BENSON, CARLA 135.00 wf 102133 08/12/05 BROZAK,ANNA 58.50 wf 102134 08/12/05 DAMIANI, ROBERT 130.00 wf 102135 08/12/05 EGGIMANN, LINDSEY 272.00 wf 102136 08/12/05 GEBHARD, MADELINE 351.00 wf 102137 08/12/05 GOODRICH, DANIELLE 144.00 18 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 102138 08/12/05 HAGSTROM, KEVIN 70.00 wf 102139 08/12/05 HAGSTROM, LINDSEY 50.00 wf 102140 08/12/05 HECHT, HEATHER 54.00 wf 102141 08/12/05 KELLY, JONATHAN 50.00 wf 102142 08/12/05 KOHLMAN, JENNIFER 48.00 wf 102143 08/12/05 LOPEZ, ANN 208.00 wf 102144 08/12/05 NIEMCZYK, EMILY 164.25 wf 102145 08/12/05 SALAS,MERCEDES 48.00 wf 102146 08/12/05 UNGAR, KRISTOPHER 130.00 wf 102147 08/12/05 HAAG, MARK 1,770.16 wf 102148 08/12/05 NADEAU, EDWARD 2,957.34 wf 102149 08/12/05 GLASS, JEAN 1,814.45 wf 102150 08/12/05 NAGEL, BROOKE 423.50 wf 102151 08/12/05 SHEA, JENNIFER 144.18 wf 102152 08/12/05 TOLBERT, FRANCINE 496.50 wf 102153 08/12/05 UNGER, MARGARET 382.86 wf 102154 08/12/05 VELASQUEZ, ANGELA 268.00 wf 102155 08/12/05 ANDERSON, CALEB 212.46 wf 102156 08/12/05 ANDERSON, JOSHUA 273.00 wf 102157 08/12/05 ANDERSON, JUSTIN 250.25 wf 102158 08/12/05 ARNEVIK, ERICA 17.50 wf 102159 08/12/05 BOTHWELL, ERINN 102.30 wf 102160 08/12/05 BOTHWELL, KRISTIN 268.24 wf 102161 08/12/05 BRENEMAN, SEAN 298.48 wf 102162 08/12/05 COSTA, JOSEPH 410.55 wf 102163 08/12/05 DEMPSEY, BETH 139.80 wf 102164 08/12/05 DUNN,RYAN 625.59 wf 102165 08/12/05 FLICKINGER, JUANITA 35.75 wf 102166 08/12/05 GESKERMANN, MARK 146.25 wf 102167 08/12/05 GRANT, MELISSA 313.90 wf 102168 08/12/05 GRUENHAGEN, LINDA 216.05 wf 102169 08/12/05 HAGSTROM, EMILY 278.00 wf 102170 08/12/05 HEINN, REBECCA 144.00 wf 102171 08/12/05 HERZOG, ELIZABETH 217.75 wf 102172 08/12/05 JOHNSON, STETSON 372.50 wf 102173 08/12/05 JOYER, MARTI 487.00 wf 102174 08/12/05 KOZA,KAREN 273.35 wf 102175 08/12/05 LEMAY, KATHERINE 265.51 wf 102176 08/12/05 LUTZ, CHRISTINA 260.75 wf 102177 08/12/05 MCCANN, NATALIE 56.00 wf 102178 08/12/05 MCMAHON, MELISSA 607.34 wf 102179 08/12/05 MILES, ANNE 379.85 wf 102180 08/12/05 PEHOSKI, JOEL 168.65 wf 102181 08/12/05 PETERSON, ANNA 136.50 wf 102182 08/12/05 RICHTER, NANCY 102.00 19 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 20 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 102183 08/12/05 ROGNESS, TRYGGVE 219.21 wf 102184 08/12/05 ROSTRON,ROBERT 247.00 wf 102185 08/12/05 RYDEEN, ARIEL 192.30 wf 102186 08/12/05 SCHMIDT, EMILY 150.13 wf 102187 08/12/05 SCHOENECKER, SAMANTHA 258.40 wf 102188 08/12/05 SCHOMMER, SUMMERS 81.00 wf 102189 08/12/05 SCHRAMM, BRITTANY 209.25 wf 102190 08/12/05 SCHREINER, MICHELLE 538.95 wf 102191 08/12/05 SMITLEY, SHARON 431.10 wf 102192 08/12/05 STAHNKE, AMY 241.25 wf 102193 08/12/05 TRUE, ANDREW 437.51 wf 102194 08/12/05 WARNER, CAROLYN 143.70 wf 102195 08/12/05 WEDES, CARYL 140.10 wf 102196 08/12/05 WHITE, NICOLE 687.67 wf 102197 08/12/05 WOLFGRAM, MARY 65.00 wf 102198 08/12/05 WOODMAN, ALICE 227.75 wf 102199 08/12/05 BOSLEY, CAROL 99.90 wf 102200 08/12/05 DOBBS, SYDNEY 16.25 wf 102201 08/12/05 LEWIS, AMY 311.50 wf 102202 08/12/05 ODDEN, JESSICA 140.43 wf 102203 08/12/05 OIE, REBECCA 25.69 wf 102204 08/12/05 PARAYNO, GUAI 268.25 wf 102205 08/12/05 SATTLER, MELINDA 26.40 wf 102206 08/12/05 STODGHILL, AMANDA 58.43 wf 102207 08/12/05 VAN HALE, PAULA 19.50 wf 102208 08/12/05 ANDERSON, MATT 118.04 wf 102209 08/12/05 BALDWIN, JANA 248.89 wf 102210 08/12/05 DOUGLASS, TOM 1,177.75 wf 102211 08/12/05 HER, PHENG 293.49 wf 102212 08/12/05 GGRADY, VICTORIA 109.46 wf 102213 08/12/05 OLSON, CHRISTINE 66.50 wf 102214 08/12/05 SCHOENECKER, LEIGH 127.00 wf 102215 08/12/05 SIMPSON, JOSEPH 177.60 wf 102216 08/12/05 SIMPSON, KIMBERLYN 241.52 wf 102217 08/12/05 VAIL, LUCILLE 4.91 wf 102218 08/12/05 VANG,KAY 111.39 wf 102219 08/12/05 VANG, TIM 133.69 wf 102220 08/12/05 VUE,LORPAO 279.40 wf 102221 08/12/05 XIONG,HLAO 177.80 473,040.70 20 Agenda Item G2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Chuck Vermeersch, Engineer 1 SUBJECT: Maplewood Pavement Management Policy Assessment Rate Update for 2006 Improvement Projects DATE: August 9, 2005 IL III I :IQ 111 ,1911IQL I9L I III - fiTel201:1o111L If The Maplewood Pavement Management Policy has established set assessment rates based on the type of improvement procedure proposed for a given project. Assessment rates were established to cover approximately 30 -50 percent of the cost of improvements on the local streets and less on the State Aid (MSA) streets. The policy, established in 1999, calls for the assessment rate to be adjusted each year. As the engineering staff will be meeting with next year's neighborhoods, these rates need to be established for the 2006 construction season. The portion of projects financed by assessments has been slightly reduced in past years and is consistently averaging in the mid -30 %. This has been especially evident in the cost of storm drainage improvements. It is proposed that the storm drainage rate increase by 10 %. An increase in the rates are recommended. The assessment rates for 2005 were increased by 2.0 percent from 2004. The adjusted assessment rates for the 2006 construction season are proposed to be increased 3.0 percent from the 2005 rates for street reconstruction, storm drainage procedures and all other items. All rates shown are residential and have been rounded down to the nearest $10. Commercial rates are handled on an individual basis, but are typically figured on a front -foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 (Res. Rate /75x1.5) to get the front -foot commercial and multi - family residential rate. Street Improvement Procedure 2004 2005 2006 1. Complete street reconstruction: $4300 $4380 $4510 2. Partial reconstruction /unit: $3220 $3280 $3370 3. Bituminous surface replacement/unit: $2260 $2300 $2360 4. Mill & overlay /unit: $1610 $1640 $1680 Other Improvement Rates 5. Storm drainage /unit: $ 670 $ 680 $ 750 6. Cash connect charge - water: $2760 $2810 $2890 7. Water service w /new main construction: $1050 $1070 $1100 8. Water service w /tap to existing main: $1310 $1330 $1360 9. Cash connect charge - sewer: $2760 $2810 $2890 10. Sewer service w /new main construction $1050 $1070 $1100 11. Sewer service w /tap to existing main: $1970 $2000 $2060 RECOMMENDATION Staff recommends that the city council approve the attached resolution adopting the 2006 assessment rates as outlined above and in the Maplewood Pavement Management Policy. Attachments: 1. Resolution Agenda Item G2 RESOLUTION ADOPTION OF THE 2006 ASSESSMENT RATES WHEREAS, the Maplewood Pavement Management Policy has established set assessment rates based on the type of improvement procedure proposed for a given project, and WHEREAS, the policy, established in 1999, calls for the assessment rate to be adjusted each year, and WHEREAS, feasibility studies have been ordered for the 2006 construction season, and WHEREAS, the assessment rates must be established to accurately complete the studies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The updated assessment rates are approved for all construction in the city of Maplewood during the 2006 construction season. 2. All rates shown are residential. Commercial rates are handled on an individual basis, but are typically figured on a front -foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 (Res. Rate /75x1.5) to get the front -foot commercial and multi - family residential rate. Street Improvement Procedure 2005 1. Complete Street Reconstruction: $4510 2. Partial Reconstruction /Unit: $3370 3. Bituminous Surface Replacement/Unit: $2360 4. Mill & Overlay /Unit: $1680 Other Improvement Rates 5. Storm drainage /unit: $ 750 6. Cash connect charge - water: $2890 7. Water service w /new main construction: $1100 8. Water service w /tap to existing main: $1360 9. Cash connect charge - sewer: $2890 10. Sewer service w /new main construction $1100 11. Sewer service w /tap to existing main: $2060 Agenda Item G3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Interstate 94 Improvements (McKnight to Century), City File 03 -12 — Approve Clarification to Resolution Approving Berm for 1 -94 Noise Mitigation DATE: August 16, 2005 IL kI :IQ 111L911IQL1I On July 25, 2005, the City adopted a resolution authorizing construction of a noise berm along the southern side of Interstate 94 between Crestview Drive and Brookview Drive. Input from residents requested a clarification in the Council action. Approval of the revised resolution is recommended. Background The attached resolution is a clarification of the motion adopted on July 25` by the City Council directing the construction of the berm. Clarification is provided to the resolution adding the specific intentions for construction of the berm, extending the berm westerly as far as practical and easterly to Sterling Street with no gaps within the berm. This resolution is recommended and only clarifies the understanding of the construction of the berm between staff and the neighborhood. RECOMMENDATION It is recommended that the city council adopt the attached resolution to construct a noise berm as part of the street reconstruction program for the Brookview Area Streets beginning in 2008 and extend the height of the berm as high as possible (approximately 9 additional feet to the existing MnDOT berm near Crestview Drive N.), and extend at the same height for the entire length from as far west (as close to the frontage road loop to 1 -94 East as possible) to the existing noise wall at Sterling Street, with no gaps. Attachments: Resolution Agenda Item G3 RESOLUTION AUTHORIZING NOISE BERM IMPROVEMENTS INTERSTATE 94 IMPROVEMENTS McKNIGHT ROAD TO TRUNK HIGHWAY 120 City Project 03 -12 WHEREAS, the Minnesota Department of Transportation requested and the City of Maplewood granted approval for Municipal Consent for the improvement of Interstate 94 between McKnight Road and Trunk Highway 120 within the corporate boundaries of the City of Maplewood, and WHEREAS, the City of Maplewood did conduct a Public Hearing on July 12, 2004 for the purpose of considering said request by the Minnesota Department of Transportation, and WHEREAS, said Public Hearing was preceded by mailed notice to all properties with an interest in said improvement, and WHEREAS, the City Engineer has reported that additional noise mitigation efforts can be accomplished for approximately an additional $16,000 if completed as part of the planned Brookview Area Streets Project planned to begin in 2008, and WHEREAS, the Maplewood City Council has heard all testimony from individuals and residents on this proposed improvement. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, that: The City Engineer is hereby authorized to proceed with a noise mitigation project as part of the Brookview Area Streets project to begin in 2008. The City Engineer is hereby instructed to extend the height of the berm as high as possible (approximately 9 additional feet to the existing MnDOT berm near Crestview Drive N.), and extend at the same height for the entire length from as far west (as close to the frontage road loop to 1 -94 East as possible) to the existing noise wall at Sterling Street, with no gaps. 3. The Finance Director is hereby authorized to add this improvement consideration to the next available update of the Capital Improvements Plan. Adopted this 25` day of July 2005. Revisions adopted this 22 "' day of August 2005. Agenda G4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: August 16, 2005 RE: Temporary Lawful Gambling Resolution Introduction The Minnesota Gambling Control Board has issued a temporary gambling permit for North Star Chapter of BCCA (Brewery Collectible Club of America). The event will be held at Aldrich Arena, 1850 White Bear Avenue. The event will be held on October 15, 2005 from 8:00 a.m. to 4:00 p.m. The BCCA is a non -profit organization and held the same event at the Arena last year. It is requested that council approve the following resolution for the temporary gambling. RESOLUTION 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. Agenda G5 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: August 16, 2005 RE: Temporary Beer & Wine License Food Permit and Fee Waivers Introduction Father Peter Njolcu, representing St. Jerome's Catholic Church, has submitted an application for a temporary beer (3.2) license and temporary liquor (wine only) licenses. This is St. Jerome's annual fall festival and Booya and will be held on the school and church grounds located at 380 E. Roselawn Avenue and will be held on September 18, 2005. They will also require a temporary food permit. As required, a certificate of coverage for liquor liability insurance from Catholic Mutual with an endorsement protecting the City was required and received. Presently, the church is having some hardships with the need of a new roof for the school which is estimated to cost $300,000. There are also in need of driveway repairs. With this is mind they are requesting that the fees for the permits be waived. Recommendation This is an annual event for St. Jerome's Church. It is requested that council approve the applications for temporary beer and temporary liquor (wine only) licenses. It is further recommended that fees for the requested permits be waived. Agenda Item G6 ILVAI =ILViIQ ZIM 0 Bill TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Final Plat PROJECT: Toenjes Hills Estates LOCATION: Toenjes Place, east of McMenemy Street DATE: August 11, 2005 INTRODUCTION Hugh Toenjes is requesting that the city council approve the final plat for Toenjes Hills Estates. Mr. Toenjes represents the developer and property owners. This final plat will create six lots for single dwellings and will be east of McMenemy Street on a new cul -de -sac called Toenjes Place. (See the maps on pages two - five.) BACKGROUND On May 24, 2004, the city council approved the vacation of unused street and alley right -of -ways and the preliminary plat for Toenjes Hills Estates. These approvals were subject to several conditions. (See the city council minutes starting on page six.) DISCUSSION The developer is progressing with the construction of the plat. To date, the contractor has completed the site grading, has installed the utilities, the curb and gutter and base course of bituminous for the street. The developer has finished all the conditions the council required for final plat approval. 1:7xK191LUILUIml 0 1 I17AIIQ01 Approve the final plat for Toenjes Hills Estates. This approval is subject to the county recording the easements, deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. p:sec17/Toenjes Hills fin plat - 2005.doc Attachments: 1. Location Map 2. Property Line Map 3. Proposed Final Plat 4. Preliminary Plat 5. May 24, 2004 City Council Minutes 6. Proposed Final Plat (Separate Attachment) Attachment Attachment 1 WE Milk A M Ff M w we Fsfflrjmrfa� [M. BR Pk SAINT PAUL O 2 4 ui w LLj Lake r CD CD CD CD CD I f PLAZA OR 2 ALVARADO OR PALM 3 BELLECREST OR 0 4 DEVhf-U OR Cr. 5 A930CM OR 3 A M Ff M w we Fsfflrjmrfa� [M. BR Pk SAINT PAUL O 2 4 ui w CD CD CD CD CD I A M Ff M w we Fsfflrjmrfa� [M. BR Pk SAINT PAUL O 2 4 Attachment 200i r J n a 7 L9 2110 2 €04 �K SITE RCSEL.".'NN AVE R€aaeiawn Park PROPERTY LINE MAP 3 2 2,01 I Q 2008 1 Pt 2 Gi1 2005 z 2e ?u :C 20 7 1999 � 2q 811 � a 9 19 993 =i 9 992 - 1994 VF J JCi . Al RCSEL.".'NN AVE R€aaeiawn Park PROPERTY LINE MAP 3 Attachment 3 I VACA :twL 'RAkAY a AYL xe. r. xm v �� vatx.:a By ox, aa, avoxsa)., ! ---------- - - - - -- F f r — -- ...........i :.. -.I v eemn•oa® a 'a� .tl',A'./ oom 7v �.. .____ � lr v+urr r - 1 I uruq n,89 1I'lY6,Vt/t— .B➢vYllb . � C9c w, xnvu I I J,vvi ! J ! � T A n 1 I'YJtiv • , r y j I 3 BLOCK 1 lr - - - - - -- i t Y(_1 Y11, 1I'lY6,Vt/t— .B➢vYllb . \ �'> a - • , r y j I 3 ' I 14 `{) ! i � i 3 I I I ` II a f `�' Y x ---------- __ ---- --- _ ---- _ ---- __ -._ AAY$£Y CIX —^ cAv ,R YpYLdk'MP I AT WS as L r \ , r V -x I I , 1 - 4 I - - - - - -- i t Y(_1 Y11, 1I'lY6,Vt/t— .B➢vYllb . \ � I I 3 ' I 14 `{) L� 4 j Attachment 4 7 1, A 5 09'09'24 Pf 294.451 hC 7 1 FA I (m. TE w 'E 'Ep'o N 88 *07'Z9' E 294.72 95 l - - - - - - - - - - BLOCK TOENJES PLACE "p. s 89w49- w „9 . zl 1, A 5 09'09'24 Pf 294.451 hC 7 1 FA I l - - - - - - - - - - 1, A 5 09'09'24 Pf 294.451 hC 7 1 FA I MINUTES Attachment 5 MAPLEiVOOD CITY COUNCIL 7:06 P.M. Monday, May 24, 2004 Council Chambers, Municipal Building Meeting No. 04 -11 J. UNFINISHED BUSINESS I. Toenjes Hills Estates (1966 McMenemy Street) Vacations Preliminary Plat a. City :Manger Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. C. The following people were heard: Tim Freeman, of Folz, Freeman, Erickson, Inc, Don Bachmier. builder of the St. Paul Business Center Councilmember Koppen moved to adopt the following resolution for the vacation of the unused Edgemont Street right- of -wav, the unused alley and the excess drainage easements on the property for the site of the Toenjes Hills Estates Plat: VACATION RESOLUTION 04 -05-101 WHEREAS, Hugh Toenjes, representing the property owner, applied for the vacation of the following: 1. The Edgemont Street right -of -way, according to the plat of Magoffin's Northside Addition to Saint Paul, Minnesota, tying south of the vacated Vemon Avenue and north of Lot 7, Block 5 and Lot 24, Block 6. 1. The 20- foot -wide alley in Block 5, Magoffin's Northside Addition to Saint Paui, Minnesota, lying south of the vacated Vernon Avenue and north of Lot 7 and Lot 24 of said Block 5. 2. That part of the drainage and utility easement in Document No. 2690368, described as that part of said easement lying southerly of the centerline of vacated Vernon Avenue between the west line of Block 5 and the east line of Block 5 in Magoffin's Northside Addition to Saint Paul, Minnesota, Ramsey County. WHEREAS, the history of this vacation is as follows: L On April 19, 2004, the planning commission recommended that the city councii approtie the above- described vacations. 2. On May 10, 2004, the city council held a public hearing. The city staff published a nonce n 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 City Coun,Pt Nlee"n,G 05 -24 -04 considered reports and recommendations from the city staff and planning commission. Tha council then tabled action on the request. 3. On May 24, 2004, the city council again considered this request. WHEREAS, after the city approves this vacation, the public interest in the property will go to the foElo vin. properties: 1. Lots 1 -7 and Lots 24 -30, Block 5, Magoffin's Northside Addition to St. Paul (PIN 17- 29 -22- 23- 0073). 2. Lots 1 -7 and Lots 24 -30, Block 6, aVlagoffin's Northside Addition to St. Paul (PIN 17- 29 -22- 23- 0072). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacation for the following reasons: 1. It is in the public interest. 1 The city and the property owner have no plans to build a street or an alley in the right -of -ways. 3. The adjacent properties have adequate street access. 4. The developer will be dedicating a new right -of -way and new easements with the new plat. Seconded by Councilmember Rossbach Ayes - All Councilmember Koppers moved to approve the Toenjes Hills Estates preliminary plat (received April 1, 2004), The developer shall compete 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 retaining walls, site landscaping 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 - primaniy at the street intersections and at the cast end of the cul -de -sac. The exact style and location shall be subject to the city engineer's approval. d. Provide all required and necessary easements (including all utility easements and ten - foot drainage and utility easements along the front and rear lot lines of each lot and five -foot drainage and utility easements along the side lot lines of each lot). e. Pay the city for the cost of traffic - control, street identification, and no parking signs. f. Provide all required and necessary easements, including any off -site easements. g. Demolish or remove the existing shed from the site, and remove all other buildings. City Coull Meeting 05 -24 -04 fencing, scrap metal, debris and junk from the site. h. Cap and seal all wells on site; and remove septic systems or dramfields, subject to Minnesota rules and guidelines. L Complete all curb on McMenemey Street on the west side of the site. 'I his is to ;eplace the existing driveways on McMenemey Street, and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include Grading, utility, drainage, erosion control, tree, trail and street olans The plains h; ' meet all the conditions and changes listed in the memo from Erin l.aBeree dated Apn I '. 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code and shall be extremely detailed to the satisfaction of the city engineer. 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 and driveway 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) Include the tree plan that: a. Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. b, Shows no tree removal beyond the approved grading and tree limits. c. Changes the proposed Colorado Blue Spruce trees on the planting plans with other species that are more native and compatible to the climate and conditions in Maplewood, d. Shows the planting of Black Hills spruce or Austrian Pines in the front yard of the house at 1967 McMenemey Street to provide screening for the house. (7) All retaining walls on the plans, Any retaining walls taller than 4 feet require a building permit from the city. City CminAl Meeting 05-24 -04 3 (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). { 10) As little grading as possible north and south of the proposed street. This is to keep as many of the existing trees on the site as is reasonably possible. (11) The 8- foot -wide trail from the cul -de -sac to the east property line. c. The street and utility plans shall show: (1) The street with a width of 28 feet (with parking on one side), 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 new street (Toenjes Place) with continuous concrete curb and gutter„ except where the city engineer determines that concrete curbing is not necessary. (3) The completion or replacement of the curb on the east side of `v lcMeneme\ Street and the restoration and sodding of the boulevards. (4) Repair of McMcnemey Street (curb, street and boulevard) after the developer connects to the public utilities and builds the new street. (5) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (6) 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. (7) The plan and profiles of the proposed utilities. (8) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (9) The cul -de -sac with a minimum pavement radius of at least 42 feet. (10) Label McMenemey Street and the new street as Toenjes Place on all construction and project plans. 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 (predeveioptnent) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. City Count Meetin., 05-24-04 4 e. A landscape plan for: (1) The areas along the street and the ponding areas, The coniferous trees shall be at least six feet tall and shall include Black Hills spruce or Austrian pines instead of Colorado blue spruce trees. (2) All deciduous trees shall be at least 2' %z inches in diameter. (3) The screening of the house at 1967 Nlctvlenemey Street. This plan shall include the planting of Black Hills spruce or Austrian Pines in the front yard to help screen the house from the new street. 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 at least five feet wide along the side property lines. c. Revise the plans and lot layout to: 1. Accommodate a 20- foot -wide pedestrian way for a trail from the cul -de -sac to the city park. 2. Make the corner lots at least 100 feet wide on each street right -of -way. 3. Show the street right -of -way with a width of 60 feet and the cul -de -sac with a right -of -way radius of 55 feet. 4. Show house pads that meet all city setback requirements. 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 casement for the culvert draining the pond on the north side of the plat and paying the city for the easement for the ponding area on the park property. 6. The developer shalt complete all site grading and retaining wall construction. 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 and ponding areas, install all retaining walls, install the landscaping and replacement trees, install all other necessary improvements and meet all city requirements. City CourilYNteennff 05 -24 -04 b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repajrofNlcMenemey Street (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all the requirements of the city engineer. S. Record the following with the final plat: a. Any homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots I and 6 from going onto NlcMenemey Street. c. A covenant or association documents that addresses the proper installation. maintenance and replacement of the retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 9. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading 10. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). I L The property owner shall submit a petition to the city requesting the installation of the public improvements. 12. If the developer decides to final plat pw-t 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 Rossbach Ayes- Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Nays-Councifirember Monahan- Junek City counlil Meeting 05-24-0, 6 Agenda Item G7 ILril =ILriIQ ZIM 0 Bill TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: Bulk Storage Warehouse (Feed Products Services) LOCATION: 1300 McKnight Road North DATE: August 12, 2005 INTRODUCTION The conditional use permit (CUP) for Feed Products and Service (FPS) at 1300 McKnight Road is due for review. The CUP is for a commercial building in an M -1 (light manufacturing) zoning district that is within 350 feet of a residential property. (See the maps on pages three through five and the city council minutes starting on page seven.) -1eCd "CC] :loll] 0 1 1 f On November 28, 1998, the city council approved a CUP for the expansion of this facility On July 12, 1999, the city council approved a revised CUP for the owner of the site to add a trailer to the warehouse property. (See the council minutes starting on page seven.) On August 27, 2001, the city council approved a one -year time extension for the conditional use permit (CUP) for this site. On August 26, 2002, the city council approved a one -year time extension for the CUP for this site. On August 11, 2003, the city council approved a one -year time extension for the CUP for this site. On August 23, 2004, the city council approved a one -year time extension for the CUP and approved a license agreement with the property owners. This agreement is so the city crews may cross the property with trucks and equipment to city -owned property that is east of Bulk Storage. DISCUSSION CUP Review The owner has installed the trailer for employees to use. In the past years city staff had received complaints about the business. Many of these complaints were about products from the site blowing around and onto adjoining properties. Mr. Fallin has made several improvements to the property and operation in the last several years. The city has not had any complaints about this business in the last five years and staff is not aware of any problems at this site. Upon inspection, the site appears well kept and therefore staff does not see any problem with extending this approval another year. RECOMMENDATION Review the conditional use permit for Feed Products and Service at 1300 McKnight Road again in one year. The council may review this permit sooner if a problem arises or if the owner proposes a significant change to the site. P:sec24- 29 /BULKSTOR CUP Review- 2005 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Trailer Pictures 5. July 12, 1999 City Council Minutes K Rasa«; � � ; I / Q g _z ( ` ZIP /& m w MIT A VL § / \ ~ G ± ! LIRPEONMa 11 AYE. § I DAHO Q� / R 2§ � � ; I ZIP MIT � � ; I Attachment 2 a 4 Attachment 3 5 i EXISTING i . l J /2- SITE PLAN -i r i iii r� i ! i! . i t Wi BUIL e 6 Attachment 4 /~ 7:00 P.M., Monday, July 12,1999 Council Chambers, Municipal Building Meeting No. 99-15 2. 7:27 P.M. Feed Products and Service (1300 McKnight Road) Conditional Use Permit Design Approval a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. zm�- ��- d. Commissioner Matt Ledvina presented the Planning Commission report. Attachment 5 c. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The following person was heard: John Fallin, representing Feed Products and Service f. Mayor Rossbach closed the public hearing, Mayor Rossbach moved/introduced the following Resolution changing the conditional use permit for the warehouse 99-07-054 CONDITIONAL USE PER-MIT RESOLUTION WHERFAS, Mr. John C. Fallin, of FP&S Company, applied for a revision to an approved conditional use permit to add a 12' by 60' trailer to a site in an M- I (light manufacturing) district that is closer than 350 feet to a residential district. WHERFAS, this permit applies to the property at 1300 McKnight Road North. The legal description is: MINOR] I I The use would be located, designed, maintained, constructed and operated to be in conformity with the city's Comprehensive Plan and Code n[Ordinances, 2. The use would not change the existing vr planned character of the surrounding area, }. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would br dangerous, hazardous, detrimental, disturbing or cause unuisance 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 nr other nuisances. 5, The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion ur unsafe access on existing nr 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 nrservices. 7-l2-00 & The use would maximize the preservation ofand incorporate the site's natura and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10� 'Me proposed trailer will be substantially screened from neighboring single dwellings, Approval io subject co the following conditions: l. All construction shall follow the site plan approved bythe city. I The proposed trailer must be occupied within one year of council approval or the permit revision shall become null and void. The council may extend this deadline for one year. 3� The city council shall review this permit iu one year. 4. A designated paved parking area shall not be required unless the site usage changes in some fashion warranting the need for such parking spaces, 5. Update the alarm system ut the facility, subject 10 the approval nf the Police Chief, 6� Provide scveral signs along the wetland edge on the warehouse site. The number and placement of these signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or dumping ionr around the wetland. 7. Submit an industrial storni water protection plan to the Minnesota Pollution Control Agency for their review and approval. 8. The owner or developer shall remove the trailer from the site before the city issues a building permit for any future development. 9� The owner shall remove the trailer from the site within five years. The Council may renew this approval if the owner requests it. Seconded byCouucUnaenuherKoppeo Ave» - ul\ Ma Rossbach moved to approve the plans date-stam May \2.l999 for the trailer at the Bulk Storage site u1l300 7-l2-99 Agenda Item G8 MEMORANDUM TO: Richard Fursman, City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: Commercial Equipment Parking and Storage LOCATION: 65 Larpenteur Avenue East DATE: August 9, 2005 INTRODUCTION Agenda #G_ The conditional use permit (CUP) for the property at 65 Larpenteur Avenue East is due for review. The CUP as approved by the city council allows the property owner to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. (See the maps on pages two — four). The city code requires city council approval of a conditional use permit to keep a heavy commercial vehicle on a residential property. BACKGROUND On August 9, 2004, the city council approved a CUP for Mr. David Conover for the property at 65 Larpenteur Avenue East. This CUP allows the property owner to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. This approval was subject to seven conditions of approval. (See the council minutes starting on page five.) DISCUSSION The owner installed the parking pad for the trucks and is meeting the conditions of approval for this CUP. I have not received any complaints about this permit and I am not aware of any problems at this site. RECOMMENDATION Review the conditional use permit for the parking and storage of commercial vehicles for the property at 65 Larpenteur Avenue again in one year. P:sec 18 \65 Larpenteur Ave cup review - 2005 Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Applicant's Site Plan 4. August 9, 2004, City Council Minutes Attachment 1 s" Ri M +� L LRL I IIe1C 1 73 7 7 Rl 37 1, f7a n n i740 .. Z rn v- I a w G 4 N C` APPLICANT'S ! PLAN N L I I rU 1 rt2Ste Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:03 P.M. Monday, August 09, 2004 Council Chambers, City Hall Meeting No. 04-17 H. PUBLIC HEARINGS I . 7:35 p.m. Conditional Use Permit — Commercial Vehicles (65 Larpenteur Avenue) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: David Conover, the applicant Marion Peiffer, 1704 Gurney Street, Maplewood Don Smeja, 1706 Abel, Maplewood Grant Lindblom, 1715 Abel, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for David Conover to store or park U vehicles �'two t rucks and p to three heavy c loader) on the property at 65 LaMenteur Avenue East: CONDITIONAL USE PERMIT RESOLUTION — HEAVY COMIXIERCIAL VEHICLE AND WHEREAS, Mr. David Conover is requesting that Maplewood approve a conditional use permit to store and park three heavy commercial vehicles (two trucks and a loader) on the property he owns at 65 Larpenteur Avenue East. WHEREAS, this permit applies to the property at 65 Larpenteur Avenue East. The legal description is: L Saint Aubin and Dion's Rice Street Addition, Lots 11-13, Block 13 (Pr1 18-29-22-34-0088) and 1 Saint Aubin and Dions's Rice Street Addition, Lots 14 and 15, Block 13 (PD; 18- 29 -22- 34 -0061) WHEREAS, this history of this conditional use permit is as follows: On July 19, 2004, the planning commission recommended that the city council approve this permit. 2. On August 9, 2004, 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, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approves this permit because: 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. 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: L The owner or operator of the trucks and equipment doing the following: a. Residing on the property. 0 b. Parking the trucks and equipment in an enclosed structure or on a gravel surface driveway or parking pad that meets the applicable city code requirements. The parking location for the vehicles shall be as close to the existing driveway and the house as possible. The owner shall provide berthing around any outdoor parking area that will contain any fluids that may leak from the trucks and commercial equipment. C. Not parking the trucks or commercial equipment on a public street. 2. The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or operator idle the engine for more than two periods, lasting thirty (30) minutes each, in one twenty -four (24) hour period. There shall not be any engine idling g that disturbs the neighbors between 9 p.m. and 7 a.m. 0 3. There shall be no dumping or storage of construction or building materials or supplies on the property. The owners or operator shall not do any maintenance or repair of the trucks or commercial equipment on the property. The owners or operators shall not load or unload the trucks on the property or on adjacent properties. 6. The city council shall review this permit in one year. This permit shall end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or park such commercial equipment on the property. Seconded by Councilmember Rossbach Ayes-All Agenda Item G9 MEMORANDUM TO: City Manager FROM: Tom Ekstrand. Senior Planner SUBJECT: Venburg Tire — Conditional Use Permit Review APPLICANT: Carol and Pat McFarlane DATE: August 12, 2005 INTRODUCTION The conditional use permit (CUP) for Venburg Tire, located at 3001 Maplewood Drive, is due for its one -year review. The CUP allowed this automotive - repair facility. Refer to the attachments. BACKGROUND July 12, 2004: The city council approved the CUP for Venburg Tire. The council also approved a variance to have less than a 350 -foot setback from residential property, a parking lot setback variance, a lot division and design plans. DISCUSSION The applicant is open and operating. The landscaping has not been completed because of the surrounding roadway work taking place. Carol McFarlane, of Venburg Tire, has stated that they will complete the landscaping once the abutting road construction is finished disturbing their site. Staff recommends reviewing Venburg Tire's completion in one year to check on its progress. RECOMMENDATION Review the conditional use permit for Venburg Tire in one year. p:sec4 \Venburg Tire CUP Rev 8'05 Attachments: 1. Property Line Map 2. Venburg Tire Landscaping Plan Atiachncnt I COLLISION DD TOYOTA OvAM A, PROPERTY LINE MAP 2 ) IOU I I 1,dVW 0 3 Al 'I D 3 s I r l� I,,A V,II? UfAlf 41 �IIA 4p TZ ,,j 4, rr Im Agenda Item G10 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Heritage Square 2 n Addition — Planned Unit Development Review APPLICANT: Town & Country Homes DATE: August 10, 2005 INTRODUCTION The conditional use permit (CUP) for the Heritage Square 2n' Addition planned unit development (PUD) at Legacy Village is due for its one -year review. The PUD allowed this 81 -unit, 7.7 -acre townhouse development. Refer to the attachments. BACKGROUND July 14, 2003: The city council approved the Legacy Village PUD, land use plan changes, preliminary plat and tax - abatement financing. July 26, 2004: The city council approved the Heritage Square 2n' Addition's final plat, design plans and PUD within the Legacy Village PUD. DISCUSSION City code requires that the city council review PUDs after the first year to check on the projects status. This development is well underway and is in compliance with plans and conditions of approval. The city council should review this permit in one year to check on the progress. RECOMMENDATION Review the conditional use permit for the Heritage Square 2n' Addition PUD in one year. p:sec3 \Heritage Square 2 CUP Rev 8'05 Attachments: 1. Location Map 2. Legacy Village PUD Development Plan 3. Heritage Square g od Addition Development Plan 0 7777 --------------- ---- jo 7 �j Iii __ors tEGACf YMUQE a ppP,LLL ,r 1Yn4.vm c::et:.a : axvw T.N. FYWT �, MAT a n S N w ciewsu � P -1 " v J $w _- Id DK"E MOTS -- —__._ T rou 4Vh .�•, •••••'...4 ^®nr.v'." xMY n.eliuwuvcuaurau 'J -. morwrum nv ' — HERITAGE SQUARE _ PHASE 11 uaom: FAIN CAHOP.X NVTdS -- —__._ .�•, •••••'...4 ^®nr.v'." n.eliuwuvcuaurau ' — HERITAGE SQUARE _ PHASE 11 m cue+rc �aa p Agenda Item G11 MEMORANDUM TO: City Manager FROM: Tom Ekstrand. Senior Planner SUBJECT: Legacy Village— Planned Unit Development Review APPLICANT: Hartford Group DATE: August 12, 2005 INTRODUCTION The conditional use permit (CUP) for the Legacy Village planned unit development (PUD) is due for its annual review. This PUD is an 85 -acre mixed -use development consisting of townhomes, senior assisted - living housing, apartments, corporate offices and assorted restaurants, retail shops, tot lot and sculpture park. Refer to the attachments. BACKGROUND July 14, 2003: The city council approved the Legacy Village PUD, land use plan changes, preliminary plat and tax - abatement financing. July 12, 2004: The city council reviewed the status of this PUD and moved to review it again in one year. I Q 1.10111* IQ 0 City code requires annual review of PUDs to check on project status. Since this initial approval, the city council approved the final plat for Legacy Village. The council also approved the plans for Heritage Square, Heritage Square 2"' Addition, Wyngate Townhomes, Ashley Furniture and the Sculpture Park. Many townhomes are now constructed and Ashley Furniture is open for business. Construction has started on Wyngate. Construction is progressing according to the plans at Legacy Village. The city council should review this permit in one year to check on the progress of the development. RECOMMENDATION Review the conditional use permit for the Legacy Village PUD in one year. p:sec3 \Legacy Village CUP Rev 8'05 Attachments: 1. Location Map 2. PUD Development Plan Attachment 1 VA✓NAIG HE HIGHFUDGE a t A ----- --- ---- r /` `� COUNTY Aw - m AS AYF CLqIA:S 41uWTY ROAD yi ,2"ZIA m l c RADII AV o ----------- RAI cDUN T u N Yi Gr um COPE AVE- -OPE AI AVE t; LAJWX A RD. j is VE LAI LAURIE RD. LAURIE M. RD I RD- SANDPj U JUNCMOK AVE K, CO. RD. rwv V a AI BURKEJ AVE M� BUR KE: AVE- S 0R 61D;—EE i. 31wmrr m I B BLLO_ 7! AVE o KOFU-MAN AVE " j i i PS Z Z ROAD w vp W , L ( � wI , 'BROOKS M � j O ON TAINT 41uWTY ROAD yi ,2"ZIA m l c RADII AV o ----------- RAI cDUN T u N Yi Gr um COPE AVE- -OPE AI AVE t; LAJWX A RD. j is VE LAI LAURIE RD. LAURIE M. RD I RD- SANDPj U JUNCMOK AVE K, CO. RD. rwv V a AI BURKEJ AVE M� BUR KE: AVE- S 0R 61D;—EE um COPE AVE- -OPE AI AVE t; LAJWX A RD. j is VE LAI LAURIE RD. LAURIE M. RD I RD- SANDPj U JUNCMOK AVE K, CO. RD. rwv V a AI BURKEJ AVE M� BUR KE: AVE- S 0R 61D;—EE LEGACY VILLAGE AT MAPLEWOOD MAPLEWOOD, MINNESOTA i � �� � Y � y`` ` � ��9P�C kn r�: ��:4fI � t� tl ���.�� �1 #k[ �3tEjd�[} A �@'^� �) i tut�.t..us ka Zg� ASH PHASE 11 HERITAGE SQUARE TOWN ES HOM FU RNITURE go uwl 6 fh l 2 i m Ac r f ! Zji L at VO 4V 6UTLOT ZZ Aq HERITAGE SQUARE i 1j, �' �en�� r? +Ia. , TOWNHOMES PHASE I SCULPTURE jj PARKJHIKING Tlr�l TRAILS I AL., rY Agenda Item G12 AGENDA REPORT DATE: August 10, 2005 TO: Richard Fursman, City Manager FROM: Sherrie Le. Human Resource Director RE: 2005 PAID - PER -CALL FIREFIGHTER PAY RATE CHANGE INTRODUCTION The paid - per -call firefighters are also eligible for the 1 % retroactive COLA increase as a result of the City receiving the State Homestead Value Credit. Therefore, I am asking for the three pay rates associated with this classification to be increased from $8.16 /run (starting) to $8.24 /run, $10.20 /run (after completion of one required training class) to $10.30 /run, and from $14.29/run (after completion of both required training classes) to $14.43/run. We will add paid - per -call firefighters to the non -union group for cost -of- living adjustments only - to eliminate the need for a separate agenda report in the future. RECOMMENDATION I recommend increasing the paid - per -call firefighter pay an additional 1% (3% total COLA for 2005) retroactive to January 1, 2005 and moving this title to the non -union pay plan for COLA purposes only. AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Donation to Citizens on Patrol Date: August 15, 2005 Introduction Agenda #G -13 The Citizens on Patrol have received a donation from Qwest, and City Council approval is needed before this donation can be accepted. Background A member of the Police Department's volunteer Citizens on Patrol program is an employee of Qwest, and the Qwest Foundation has made a $500 donation to the Citizens on Patrol in recognition of her volunteerism to her community. Qwest has stipulated that the funds from this donation be used only for the Citizens on Patrol program and, to ensure fiscal responsibility, may monitor the expenditures made with this money. We have also been told that Qwest may make future regular donations, up to an amount of $500 each, to the Citizens on Patrol program. The amount received would be based upon the number of hours of participation by their employee in our program. City Council approval is required to accept the current $500 donation, and we are also requesting that approval be given to accept any future donations of this type by Qwest to the Citizens on Patrol program. Budget Impact The necessary budget adjustments would have to be made to expend these funds for the stated purpose. Recommendation It is recommended that City Council approval be given to accept this donation and any future donations from Qwest for Citizens on Patrol program participation by their employee. Action Reauired Submit to the City Council for review and approval DJT:js AGENDA REPORT Agenda #J -1 To: City Manager Richard Fursman From: Chief of Police David Thomalla and Fire Chief Steve Lukin Subject: Approval to Purchase 800 MHz Dispatching Equipment Date: August 19, 2005 INTRODUCTION City Council action is required regarding the purchase of 800 MHz dispatching equipment. This item was tabled on July 25, 2005, to be reconsidered tonight following a workshop to discuss this matter. BACKGROUND On July 14, 2003, The City Council approved becoming part of the Ramsey County 800 MHz radio system. On May 23, 2005, the Council requested Ramsey County order equipment to accommodate Maplewood Public Safety in a consolidated center. Since that time, discussions of PSAP consolidation have delayed the purchase of needed dispatch equipment for Maplewood to become part of the County -wide system. On July 14, 2005, the City Council voted to keep the Maplewood Dispatch Center independent. Maplewood now needs to order equipment to do the necessary upgrades to the Center to connect to the County and State 800 MHz systems. Due to the delay and the original intent to consolidate with Ramsey County, Metropolitan Emergency Services Board may no longer have capacity on the two network zone controllers to accommodate Maplewood as an independent PSAP. Reallocation of port capacity may be available but will require a working group of engineers and system owners to convene and make recommendations. It is unknown if this would result in additional costs to Maplewood. County Manager David Twa has submitted a letter to Maplewood outlining the costs for the equipment upgrades. Although it does not appear equipment costs have increased since the original estimate, there is now a $14,000 charge for engineering costs. This brings the total minimum amount Maplewood would have to expend to $273,575.51. This expense had been included in the 2005 Capital Improvement Plan. Equipment certificates in the amount of $273,575.51 will be issued to cover this expenditure, and payment will be through increased property taxes in 2006 -2011. This cost is over and above the estimated operating budget for 2006 of $752,760. St. Paul is in the process of purchasing a new CAD (Computer -Aided Dispatch) system that was to be available to users of the consolidated center. It is likely the City would have to purchase its own CAD system at a cost in excess of $2 million or enter into an agreement with St. Paul and Ramsey County, potentially at an additional expense to Maplewood. REQUESTED ACTION 1) Authorize the purchase of the necessary equipment to upgrade the Dispatch Center in Maplewood to utilize the 800 MHz radio system as a stand -alone PSAP. The cost of this purchase will be $273,575.51. There may be additional costs for engineering changes. 2) Authorize staff to seek proposals for a stand -alone CAD system in excess of $2 million. Or Negotiate an agreement with Ramsey County and St. Paul to utilize the new system they will purchase. 3) Give authorization to purchase equipment bonds for the above purchase. 4) Approve the order of Maplewood equipment with that of Ramsey County to avoid any additional expense to Maplewood. DJT & SL Agenda Item K.1 REPORT SUMMARY Applicant: Subject: Site Address: Zoning: Land Use: City Council Hearing Date: Jeff Kehr, General Manager The Myth Nightclub Ki1kI1I0TOM1G17ml a 9610- Business Commercial (BC) Business Commercial (BC) August 22, 2005 Project Description: The old Just for Feet building at 3090 Southlawn Drive has been remodeled into a nightclub called the Myth. The nightclub will have a large dance floor and state -of- the -art sound and light equipment. The operation of the nightclub will provide nightly entertainment with local and national DJs, as well as occasional national touring acts. The nightclub's hours of operation will be from 7 p.m. to close (2 a.m.), Wednesday through Sunday, unless a national act is booked for a Monday or Tuesday. The nightclub also has the ability to be rented out to corporations for functions such as speaking engagements. Requests: Jeff Kehr, General Manager, is requesting authorization of shared parking agreements and approval of an outdoor patio for the Myth Nightclub. Recommendations: City staff recommends approval of shared parking aareements and the outdoor patio with several conditions. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Richard Fursman, City Manager Shann Finwall, AICP, Planner Myth Nightclub Jeff Kehr, General Manager 3090 Southlawn Drive August 16, 2005 Jeff Kehr, General Manager, is requesting authorization of shared parking agreements and approval of an outdoor patio for the Myth Nightclub located at 3090 Southlawn Drive. BACKGROUND January 2004: The city council approved a liquor license for Noah Castle to operate a nightclub out of the existing Just for Feet building at 3090 Southlawn Drive. Mr. Castle requested the liquor license before purchasing the property. June 8, 2004: The community design review board (CDRB) approved the site plan, building elevations, landscape, and lighting plans for the Myth Nightclub to be located at 3090 Southlawn Drive. A condition of approval was the occupancy of the building limited to 1,450 people until shared parking agreements are authorized by the city council. August 16, 2005: The city issued a conditional certificate of occupancy to allow the Myth Nightclub to open with a maximum occupancy of 1,450 people. DISCUSSION Nightclub Operations The nightclub will have a large dance floor and state -of- the -art sound and light equipment. The operation of the nightclub will provide nightly entertainment with local and national DJs, as well as occasional national touring acts. The nightclub's hours of operation will be from 7 p.m. to close (2 a.m.), Wednesday through Sunday, unless a national act is booked for a Monday or Tuesday. The nightclub also has the ability to be rented out to corporations for functions such as speaking engagements. Mr. Kehr summarizes the operations in his letter addressed to the city council (Attachment 2). Mr. Kehr will host a "soft opening" of the nightclub on Tuesday, August 16. The maximum occupancy will be limited to 1,450 people until shared parking agreements have been approved by the city council. The grand opening is scheduled for September 8 with the band Nickelback headlining. Mr. Kehr has estimated selling 4,000 tickets for this show. Shared Parking Agreement City Parking Requirements City code requires nightclubs to provide one parking space per 50 square feet of patron area (areas open to the public). John Gaspar, architect for the project, calculated the patron area of the building for the design review at 18,566 square feet, creating a need for 371 parking spaces. This calculation will accommodate parking for the regular dance nights at the nightclub. The parking needs for the national act nights, however, should be based on the maximum occupancy of the building. This parking calculation should reflect the number of people arriving in a vehicle; staff recommends basing this number on four people per vehicle. During review by the CDRB there were 366 parking spaces proposed on site. This figure, as well as information obtained from the city's building and fire departments, was used to calculate the maximum occupancy of the building at 1,450 people. A condition of design review, therefore, was that the maximum occupancy of the building be limited to 1,450 people until shared parking agreements are authorized by the city council. Occupancy and Proposed Parking Mr. Gaspar submitted a letter describing the maximum occupancy and parking requirements (Attachment 3). According to Mr. Gaspar the maximum occupancy of the building (based on building and fire code) could be up to 5,000 people. Mr. Gaspar summarizes the maximum occupancy based on three scenarios: Scenario Occupancy Parking Normal Day with On -Site Parking only 1,500 people 375 Normal Day with On -Site and Off -Site Parking 3,920 people 980 Special Situation with On -Site and Off -Site Parking 5,000 people 1,250 In order to increase the occupancy to 5,000 people, the Myth must have a total of 875 additional parking spaces (1,250 — 375 = 875). To date the applicant has submitted seven proposed shared parking agreements which encompass 1,500 additional parking spaces. A large map of these parking locations is included in the city council packet for review. The proposed agreements and number of parking spaces are as follows: The Stadium Bar (located on County Road E in White Bear Lake) - 250 parking spaces Maplewood Best Western (adjacent the nightclub) — 50 parking spaces Ashley Furniture (across the street from the nightclub) — 100 parking spaces Toys R Us (adjacent the nightclub) — 100 parking spaces MTC Park and Ride Lot (northeast corner of Beam and Southlawn) — 400 parking spaces Birch Run Station (Beam Avenue) — 200 parking spaces K -Mart (White Bear Avenue in White Bear Lake) — 500 parking spaces Of these seven proposed agreements, only three are signed by the property owners (Stadium, Maplewood Best Western, and Ashley Furniture). The additional parking spaces supplied through the signed agreements equals 400. There are several issues and concerns with these agreements and with allowing an increased occupancy in the building. First, the City of White Bear Lake states that the Stadium cannot 2 afford to lease 250 parking spaces to the Myth based on their parking needs. Second, the parking agreements for the Maplewood Best Western and Ashley Furniture are very short -term, expiring on November 30 and December 31, 2005. Third, several of the proposed shared parking sites are not adjacent the Myth nightclub. Fourth, how will the Myth ensure nightclub patrons do not park in surrounding parking lots which were not authorized for use? Because of the Myth's proposed grand opening of September 8, the applicants must obtain a shared parking agreement authorization from the city council on August 22 (the last city council meeting before September 8). As such, the applicant will continue to work with the property owners listed above as well as the City of White Bear Lake to obtain as many signed parking agreements as possible prior to the city council meeting. As it stands currently, the Myth has two signed and official shared parking agreements (Ashley and Maplewood Best Western). These agreements increase the Myth's parking by 150, for overall parking of 525 which will allowfor a maximum occupancy of 2,100 people (525 x 4 = 2,100). Mr. Kehr has submitted a letter which addresses the issue of shared parking on sites which are not adjacent the Myth and the issue of ensuring no nightclub parking on unauthorized surrounding parking lots (Attachment 4). In summary Mr. Kehr states that signs will be posted at each entrance directing patrons to overflow parking lots, Ramsey County sheriff officers will be patrolling each lot (on -site and off - site), Myth parking attendants will be stationed at each lot (on- site and off - site), Myth parking attendants will direct traffic to overflow lots via maps, and clean -up of each lot will take place prior to 6 a.m. the next day. Staff Recommendations of Shared Parking Agreements City staff recommends that the city council authorize this agreement with several conditions as follows: Issuing a conditional certificate of occupancy to the Myth allowing for a maximum occupancy of 2,100. This conditional certificate of occupancy will expire on November 30, 2005, after which time the certificate of occupancy will convert back to a maximum occupancy of 1,450. The city council should review the shared parking agreements (existing and proposed) on November 30, 2005. Any future agreements must cover a minimum period of one year and the city must be notified by both parties within 90 days of expiration. During high use periods the Myth must supply parking attendants and security as specified in Mr. Kehr's letter and described above. Outdoor Patio An 800 - square -foot patio is proposed on the roof of the building, adjacent a third floor lounge (Attachment 5). This outdoor patio was not part of the initial design review approval. However, no exterior changes will be visible from the street or ground level. It has been city council policy to approve outdoor patios as they relate to an establishment's liquor license. Chief Thomalla and City Clerk Guilfoile have reviewed the patio request and recommend approval. The only issue they raise is noise control on the patio, which is addressed in sound report submitted by David Braslau & Associates (Attachment 6). Typically noise waivers are approved or disapproved administratively. In this case city staff wants the city council to be informed of the request. Staff recommends that no outside music venues other than piped -in music be permitted on the patio. Outdoor music other than this would only be permitted if the applicant completed an outdoor event permit which is required for city liquor license holders. RECOMMENDATIONS Approve the shared parking agreements for the Myth Nightclub located at 3090 Southlawn Avenue. Approval is subject to the following conditions: The city issuing a conditional certificate of occupancy to the Myth allowing for a maximum occupancy of 2,100. This conditional certificate of occupancy will expire on November 30, 2005, after which time the certificate of occupancy will convert back to a maximum occupancy of 1,450. The city council will review and reconsider the shared parking agreement authorization in three months (November 2005). Any future shared parking agreements approved by the city must cover a minimum period of one year and must ensure notification to the city by both parties within 90 days of expiration. C. During high use periods of the Myth nightclub the following conditions must be met: 1) Post each entrance to the parking lot with the name and location of the overflow parking lots. 2) Ramsey County sheriff officers must patrol each lot (on -site and off - site). 3) Parking attendants must be stationed at each lot (on -site and off - site). 4) Parking attendants must direct traffic to overflow lots via maps. 5) Clean -up of each lot (on -site and off -site) must take place prior to 6 a.m. the next day. Approve the proposed 800 - square -foot rooftop patio for the Myth Nightclub located at 3090 Southlawn Avenue. Approval is subject to the following conditions: No outside music venues other than piped -in music is permitted on the patio. The city council will review and reconsider the outdoor patio for any nuisances in three months (November 2005). P: \com- dev\sec2n \The Myth \8 -22 -05 CC Report Attachments: 1. Location Map 2. Jeff Kehr Nightclub Correspondence 3. John Gaspar Correspondence 4. Jeff Kehr Parking Correspondence 5. Patio Plans 6. Sound Level Report Attachment 1 �- - _ F , h j 1 Toy�tls Cliltt city Maplewood' �. r [� The Myth Nightclub L (Existing Just For Feet Bldg) 3090 Southlawn Avenue — �iMaplewood Maly F Attachment 2 August 5, 2005 Mayor Bob Cardinal and Council Members City of Maplewood, Minnesota 1830 E. County Road B Maplewood, MN 55109 Dear Mayor and Council Members: My name is Jeff Kehr. I am the General Manager of Myth Nightclub located at 3090 Southlawn Drive. The purpose Of this letter is to introduce myself and to provide you with an update regarding our project. My experience within the hospitality industry began 6 years ago as a manager at Charapp's, Maplewood. Since then I have owned and operated a Carbone's Pizzeria franchise in Coon Rapids, opened the Claddagh Irish Pub in Maple Grove, and for the past two years have been overseeing the operations of The Stadium Sports Bar in White Bear Lake. I have also been involved with all aspects of the Myth Nightclub project from its inception. As I am sure you are aware, Myth is about to become reality. I am very excited to be apart of an entertainment facility that will have a positive impact on the City of Maplewood. Our vision is to provide the Twin Cities with a facility that is world- class. As General Manager, husband, and father to three children, I am just as concerned about the type of clientele this facility could attract. I am committed to providing a venue Utat appeals to individuals with a higher level of disposable income. I have already turned away three concerts. Each of these shows would have had a negative impact on the club. The staff and I have also spent a number of hours introducing ourselves and the facility to our surrounding neighbors. We are currently working with them on obtaining parking agreements that would allow us greater capacity. Each of our neighbors has been receptive to the idea and are currently negotiating or have signed short term agreements with us. As for the future, we are interested in developing an entertainment complex that would allow us to market to a more regional audience. We have signed a purchase agreement and are in current negotiations with The Best Western, Maplewood Inn for their property. Our goal is to renovate the facility and pursue a parking ramp that would allow us greater flexibility wvith both the hotel and nightclub. In closing, I am very excited to be apart of the Maplewood community. As with anything new, there are bound to be bumps in the road. I hope that by establishing an open line of communication we will be able to work together to ensure that all of your concerns are dealt with in timely manner. Public Safety is and always will be my top priority. Sincerely, ��.� ey M. Kolar General Manager 3090 Southlawn Drive a Saint Paul, MN e 55109 vnvvv ntvtllni�rtelub.cona August 15, 2005 City of Maplewood Community Development 1830 County road B East Maplewood, MN 55104 Attu'. Shaun Finwall City Planner Re: Myth Night Club Maplewood, MN Dear Shwur: Attachment 3 Reg Plowman asked me to said you information regarding the maximum possible occupancy o1 the Myth. Occupancies are broken down into three groups: I . Normal day of operation 2. Normal day of operation with off -site parking 3 Special situations with off-site parking Listed below will be explanations of each occupancy. NORMAL DAY OF OPERATION This occupancy would not include off -site parking. As of this date it would not include parking shared-with-"Toys "R" Us" until a formal contract with the Myth and "Toys "R" Us" is signed. The parking number I used was 375 parking spaces and 4 persons per p2ttl gspam which -. ron4d-egnal 1500 occupants. This number would include patrons and staff (all people inside of the building). This number will vary per actual cow& of on -site parlmtg-spaoes. 2. NORMAL DAY WITH ON -SITE & OFF -SITE PARKING The occupancy will vary with the number of parking spaces approved for on -site and off -site parking. Thcmaxiunnir omupancy be calculated by persons per plumbi fixture and by exit widrh. The exit width will be discussed in occupancy number 3. W have 98 plumb*frxtmrs with 40 people allowed per fixture equals 3,920 maximum occupants. This would require additional off -site parking, 3,920 — 1500 (on-site parking) = 2420 occuln ntst4 occupants per parking space = 605 extra off -site parking spaces - 3, SPECIAL SITUAT105 WITH OFF -SITE PARKINS The Myth would be used-for a short time using a stage sitnihn to a theater which has a different ratio for plumbing fixtures. The occupancy would be dictated by width of exits. Using the Building Cade and width of exrt3w ould could have 4,630 occupants on the main floor and 806 on the second floor and 143 on the third floor. 245 EAST ApSELAWN AVENUE • SUITE 30 - ST. PAUL. MN 56117 • (651) 487.3281 ^ FAX (651) t7 -3283 August 15.2005 City of Maplewood AM: Shann Finwalt Re: MythNigbtClub Page 2. 3. EC"lAL I UR 11"1 Y t n vc - . ++. + .....•�., _° ---_ -- t}n Architectural Shect 0 1. 1 we have limited the total number of occupants in the building patrons, staff and performers to 5,000 occupants total. "Total number of occupants on the aeconxi floor wlfTbe limited to 806 due to exit width. Total rnunber of occupants on the first floor will be linutted to 5000 — 806 = 4194. if the third floor is occupiedthe number ofoccupants will need to be subtracted from the occupant load of the first or second floor or a combination of both to equal maximum, occupancy of 5,000 in the building An occupant load of 5.000 would require 875 off -site parking spaces or a total of 1,250 total parking spaces on -site and off-site. NOW 1. Normal day of operations would have a maxitmurtroccupar]cy of 1500. 2. Normal day wittron -site and off site p uug would have a tnaxirnum occupancy of 3,920. 3. Special situations with o€£ site parking would have a maximum occupancy of 5,000: If you have any questions on the above, please call me Yours Re 4 spr Fol I K. Gaspar, Architect NAt ARCHITECTS, INC. JKGlcros Attachment 4 August 15, 2005 City of Maplewood Attn: Shann Finwall 1830 County Road B Fast Maplewood, MN 55109 Dear Shann: I am writing you an update regarding our current parking arrangements and how we plan to work with our overflow Iots. As was submitted to the City of Maplewood last week, we currently have parking arrangements with The Stadium Sports Bar (250), Ashley Furniture ( 100), and The Maplewood Inn (50). We just received confirmation from Toys -R -Us for use of 100 spaces. I am attaching the contract with this letter. Also, I should have a final decision on the use of the MTC Transit Center (490 spaces) by Thursday afternoon. The way in which we will address overflow parking is as follows: 1. Signs to be posted at each Myth entrance stating overflow parking lots. 2. Ramsey County Sheriff Officers will be patrolling each lot throughout the night. 3. Myth parking attendants will direct traffic to overflow lots via maps. 4. Myth parking attendants will be stationed at each lot. 5. Clean -up of each lot will take place prior to 6 am the next day. I realize that this is a serious issue that needs to be addressed. I hope the information above will assist the City of Maplewood in understanding our overflow parking agreements. If there is any information you need, please do not hesitate to call. Sincerely, 3effrey M. Kehr General Manager 3090 Southlawn Drive • Saint Paul, MN • 55109 www.mythnightclub.com 1 TMRn vy,on]g SEATING PLAN 1 - y SCALE: 1116 =1' -U d '9 - ��`g w 1 Y 1L1 COUNTY ROAD D -• ARCHiTEC TS, INC. �. w •` °0 N SOUTHLAWN AVENUE "=°° MAPLEWOOD, MN. 55117 D v s 3 m I THIRD FLOOR OCCUPANCY 143 MID. PARKING LOT PHOTO 2 DRIVE PHOT03 a SFt"TFON MID. PARKING LOT _..__..... DRIVE t SCALE: via ^ _Iz n' PHOTO 2 PHOTO 3 SEE SHEET FOR PHOTO'S a 4 ' 1 1TI w I OU WIV AVENUE MAPLEWOOD, MN. 55117 ARCHITECTS, INC. ELEVATION il�p SCALE: IIIV =I' -V PHOTO 1 PHOTO 2 PHOTO 3 �a A MYTH m ROAD I ARCHITECTS, INC. I_ COUNTY SOUTHLAWN AVENITF :, MAPLEWOO] MN. 55117 Attachment 6 1313 5th street s.e. O suite 322 O minnesporia, mn 55414 telephone: 612-331-4571 a fax:612- 331 -4572 MEMORANDUM TO: Bob Oswood, SDA FROM: David Braslau, DBA RE: Myth Rooftop Patio — Recommended Sound Level Limit 26 April 2005 This memorandum presents our recommendation and basis for limiting sound levels from the proposed rooftop patio. The outdoor patio is proposed for the northwest corner of the building. The closest potentially impacted facility is the motel immediately south of Myth (see Exhibit 1). While the south edge of the roof provides shielding from loudspeakers that are 6 feet above the roof surface, the upper floor could be exposed to direct sound from loudspeakers. The Motel is 400 feet from the patio. Also, should any future residential development be placed in the open area immediately west of Myth, this distance could be 300 feet or less. The analysis here assumes that at least some loudspeakers are directed to the south or to the west or that these are omni- directional speakers. An "average" sound level spectrum based upon monitored rock and pop music and the male speaking voice was used to estimate potential audibility impact at 400 feet with a typical suburban ambient sound level. Exhibit 2 shows the projected spectrum at a distance of 400 feet compared with a "high ambient" for suburban areas taken from the literature and a recently monitored ambient sound level in Plymouth, Minnesota. Because of the density of roadways and buildings in the vicinity of Myth, the "high ambient" may be more appropriate. Based upon the International Standards Organization methodology, the sound will be audible its spectrum has at least one value equal to the ambient level. Based upon this evaluation, an acoustic sound power level of 93 dBA should not be exceeded from the rooftop sound system. With a conventional cone speaker, this is estimated to be between 4 and 8 watts of electrical power. Use and placement of appropriate loudspeakers should enable adequate coverage and sound level for patrons on the rooftop patio. However, the maximum sound level should not exceed 65 dBA when measured 25 feet from the patio. Please let me know if you have any questions or comments regarding this recommendation. Thanks. c:ldocumcnts and settingsVobert omoodUocal sea ngsVemporary intemet aleskolk396koswood•0426- mem.doc 500 feet 1100 feet 400 feet Future � AY S ��fi 1Vtyth Residential? x 400 feet cAdocumems and set#ingArobert oswoodVocal scuingsVempormy intemet fileslolOWaerial,doc EXIMIT 1 Evaluation of Audibility of Rooftop Sound System m .0 50 in a 40 m J PH 10 High Suburban Ambient — e— Limiting Spectrum at 400 ft Monitored Suburban A mbient 63 125 250 500 1000 Octave Sand Frequency (Hz) 2000 4Vuu r -A c:Wocuments and settingsVobert oswood \local settings \temporary intemet 81es \oIk396\audibilitypIot.doc EYCMIT 2 Agenda Item K2 MEMORANDUM TO: City Manager FROM: Steve Lukin, Fire Chief /Acting Emergency Management Director SUBJECT: Countywide Emergency Operations Plan (EOP) DATE: August 15, 2005 INTRODUCTION The Emergency Operations Plan (EOP) is a document that addresses the emergency management organization's incident management, city resources, city direction and control, federal and state support, emergency support functions and life and safety. The EOP plan is required by federal and state authorities in order for the city of Maplewood to receive federal and state funds. This plan is updated yearly and was developed by retired Director Larry Cude. This plan is reviewed by the state every five years to make sure that all required federal and state mandates are covered. We now have the opportunity to merge our city plan into a countywide plan that will meet not only our needs, but that of our neighboring communities. History has proven the need for advanced planning, organizing and training to minimize the effects of all emergency and disaster situations; natural or human caused. By becoming part of the county EOP, this will give us the opportunity to utilize resources and expertise that were not as readily available in the past. This EOP plan will replace the city of Maplewood's EOP that each of you have in the blue binder. The city of Maplewood will continue to update and utilize its own Emergency Action Plan (EAP) that each of you have received in the brown or black pigskin folder. N x901 LVihVi14 0 W1111 I IQ 0 I request the City Council to adopt the attached countywide Emergency Operation Plan Resolution. Att. City of Maplewood RESOLUTION TO PARTICIPATE IN The COUNTYWIDE EMERGENCY OPERATIONS PLAN WHEREAS, Chapter 12 of Minnesota Statutes and the Robert T. Stafford Act, and the Superfund Amendments and Reauthorization Act of 1986 require all counties and incorporated municipalities to develop and adopt plans for preparing for, responding to, recovering from, and mitigating the effects of emergencies and disasters; and WHEREAS, such plans are required to address all hazards and must meet no fewer than 64 specific planning items; and WHEREAS, such plans must be well integrated and coordinated to account for the fact that emergencies in one jurisdiction impact on other nearby jurisdictions; and WHEREAS, the plan must include an implementation and maintenance process including plan updates, integration of the plan into other planning documents and how the County will activate and coordinate activities with the affected jurisdictions; and WHEREAS, Ramsey County Division of Emergency Management and Homeland Security has indicated its willingness to coordinate these efforts should the municipality so desire; and WHEREAS, the plan will be shared with all municipalities, the County Board of Commissioners and the State of Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management for coordination; and WHEREAS, the above reasons make it desirable for the county to utilize common planning and response elements designed to integrate our emergency preparedness, response, recovery, and mitigation efforts; and WHEREAS, such indication is a requirement of the National Incident Management System (NIMS) and the National Response Plan which is the template for all jurisdictions in the United States; and WHEREAS, adoption of the all- hazard Emergency Operations Plan will make the municipalities and the County eligible to receive Emergency Management Performance Grant (EMGP) grants; and WHEREAS, this Countywide Emergency Operations Plan has been certified as meeting or exceeding all standards for emergency planning by the State of Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management for Ramsey County and for any jurisdiction within Ramsey County that chooses to adopt this plan as their municipal Emergency Operations Plan; and WHEREAS, this resolution does not preclude the [city or township] from preparing its own plan in the future should it desire to do so; now, Therefore Be It RESOLVED, that city of Maplewood supports the county -wide all- hazard Emergency Operations Plan development effort, and, be it further RESOLVED, that the city of Maplewood hereby adopts this Countywide Emergency Operations Plan as the Emergency Operations Plan for the city, and, be it further RESOLVED, that the city of Maplewood requests that the Ramsey County Division of Emergency Management and Homeland Security coordinate all- hazard Emergency Operations Plan development and maintenance efforts for the [city or township] in the future. Adopted this 22nd day of August, 2005. Mayor, City of Maplewood City Clerk, City of Maplewood AGENDA NO. K3 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Water Surcharge Ordinance Second Reading DATE: August 17, 2005 Seven projects in the 2006 -2010 Capital Improvement Plan (CIP) are proposed to be partially financed by revenues from a water surcharge fee. The projects are the following: 1. KENWOOD AREA STREETS 2. DESOTO /ROSELAWN AREA STREET IMPROVEMENTS 3. FERNDALE / GERANIUM AREA STREETS 4. BROOKVIEW AREA STREETS 5. LARK /PROSPERITY /BURKE AREA STREETS 6. KOHLMAN LANE AREA STREETS, WATER & SEWER 7. HILLS & DALE AREA STREETS All of these projects include water system improvements that cannot be fully assessed. The portion that cannot be assessed is proposed to be financed by the Water Availability Fund for the St. Paul Water Service District. There will be insufficient revenues in the fund unless a water surcharge is implemented effective 1 -1 -06. The proposed surcharge is 2% of the St. Paul water charge. The surcharge would be $0.70 per quarter for a family of four with average water usage (i.e. 20 units per quarter). The revenue generated by the surcharge would be approximately $70,000 in 2006. Implementation of a water surcharge fee probably would not be controversial because the use of the revenues should be easily understood and the fee is very small. If the water surcharge fee is not implemented, the unassessable water system improvements would have to be financed by property taxes. On August 8 the City Council approved first reading of the attached ordinance to implement a water surcharge fee. It is recommended that the attached ordinance be given final approval and that a 2% surcharge be approved effective 1 -1 -06. ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO WATER UTILITIES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Part 1. Section 40, Article III is hereby amended to read as follows: Division 5. Water Surcharge Section 40 -477. Purpose and Intent. The city has determined that water system improvements in the St. Paul water service district need to be constructed that cannot be fully assessed. In order to pay for these costs a surcharge on water charges in the St. Paul billing district is established. Section 40 -478. Rates. A surcharge on water charges in the St. Paul billing district shall be set from time to time by the council and shall be on file for inspection in city offices. Section 40 -478. Statements and delinquent accounts. Statements and delinquent accounts shall be the same as that specified for sanitary sewer charges for the St. Paul billing district in Sections 40 -63 and 40 -64. Part 2. This ordinance shall take effect and be in force beginning January 1, 2006. P \agn \water surcharge3 Agenda Item K4 MEMORANDUM TO: City Manager FROM: DuWayne Konewko, Environmental Manager SUBJECT: City Recycling Services - Authorization to Begin Contract Negotiations DATE: August 16, 2005 INTRODUCTION The city received four proposals from contractors to operate the city's recycling program. The submitted proposals were based on the request for proposals (RFP) the city prepared for updating our recycling services. Specifically, proposals were received from Eureka Recycling, Allied Waste Services /BFI, Waste Management, and Onyx Waste Services. Background The Maplewood City Council adopted the RFP for comprehensive recycling services at the June 13, 2005, council meeting. Staff sent copies of the approved RFP to interested contractors the following day. The proposals were due back to the city no later than 4 p.m. on July 7, 2005. The RFP included information on how the city was going to objectively evaluate the proposals. The criteria the city used to evaluate the proposals was included in the RFP in Section 17 on page 10, Evaluation Criteria, and read as follows: "The City will objectively evaluate the proposals submitted to determine the best value for the City and its residents. A comprehensive set of criteria will be used to quantify the merits of each proposal package, including (but not limited to): • Strength of qualifications of the vendor (together with any proposed subcontractor, if any), especially related to the particular needs of the City of Maplewood. Qualifications will include (but not be limited to) the proven capacities of the vendor (and any subcontractor) to meet the operational requirements of the City. • Comments from the Vendor's reference clients. • Innovations proposed to increase recycling rates. • Innovations proposed to improve public education about recycling to all City residents. • Innovations and guarantees proposed to increase recycling service levels and quality standards at the City's multi family dwellings. • Relative amount of revenue sharing to the City. • The price of the recycling services. • Responsiveness of the vendor to all other provisions of this RFP. Agenda Item K4 "These evaluation criteria are not presented in any special order. No ranking of these criteria within this RFP is intended or implied. The City also may use other criteria that serve the City's stated intent and goals of this RFP and of the new recycling contract." One of the primary goals of the RFP was consideration of the capability of the contractor to work with the city to increase recycling participation at multi - family residential properties. State law requires all counties to ensure that all residents have an opportunity to recycle (Minnesota Waste Management Act, Minnesota Statutes, Section: 115A.552 "Opportunity to Recycle "). Ramsey County is requiring all cities within the county to assure all multi - family residential properties offer recycling services to their tenants. If cities choose not to implement this requirement, Ramsey County will reduce the amount of state grant money these cities receive to help finance their municipal recycling programs. Other goals of the RFP are to enhance service and to increase recycling tonnage collected from single - family residential properties. QF .10111 *11D]L The Environmental Committee created an ad -hoc review subcommittee to evaluate the submitted proposals and present results to the full committee. Prior to receiving any of the four proposals, staff asked the ad -hoc subcommittee to weight the evaluation criteria by allocating percentage points to each criterion such that the total equals 100 percent. Refer to Attachment A for a copy of the proposal evaluation criteria worksheet. The three ad -hoc subcommittee members worked independently to complete this worksheet. The completed worksheets were than returned to staff. Staff compiled the results from the returned worksheets and calculated an average for each of the criteria weightings. The environmental ad -hoc subcommittee representatives were then directed to read each proposal completely and carefully to understand the scope and depth of each of the four proposals. After reading each of the proposals, the ad -hoc subcommittee representatives were directed to go back and score each proposal against the evaluation criteria by allocating one (0) points for the "lowest" score to (10) points for the "highest" score and do this for each criterion. Refer to Attachment B for a generic copy of the evaluation score sheet form. The completed forms were then returned to staff for compilations. The ad -hoc subcommittee representatives met on July 28, 2005 to review and discuss the completed worksheets. The subcommittee first reviewed and approved the results of the cumulative or average criteria weightings. Refer to Attachment C for the subcommittee criteria weighting results. The individual subcommittee members' scores were then tabulated. Staff then presented the results from the calculated rankings based on the weighted criteria and evaluation score worksheets. Refer to Attachment D for the total subcommittee proposal rankings. The subcommittee then reviewed the results and discussed the relative strengths and weaknesses of the top- ranked vendors' proposals and confirmed the recommended rankings resulting from this weighted criteria and evaluation score sheet process. Then the subcommittee began preparations to present this information to the full Environmental Committee for a recommendation to City Council. Refer to Attachment C for the results of the compilations from the completed worksheets. 2 Agenda Item K4 The Environmental Committee met on August 9, 2005 to discuss the results from the ad -hoc subcommittee's review of the proposals. Upon careful review and discussion of the results from the ad -hoc subcommittee, the Environmental Committee recommended the following ranking of the four recycling vendors that submitted proposals to the city (from highest to lowest): 1. Eureka Recycling 2. Allied Waste Services /BFI 3. Waste Management 4. Onyx Waste Services RECOMMENDATIONS A. Rank of the proposed recycling vendors in the following order (from highest to lowest): 1. Eureka Recycling 2. Allied Waste Services /BFI 3. Waste Management 4. Onyx Waste Services B. Authorize city staff to begin negotiations with Eureka Recycling as the first, preferred vendor for the city's recycling services. Once staff has completed the negotiations, we will bring the final contract and its details back to the city council for final approval. If negotiations are unsuccessful with Eureka, City staff will begin negotiations with the second preferred vendor. and so on. Attachments: A. Proposal Evaluation Criteria Worksheet B. Proposal Evaluation Score Sheets C. Subcommittee Criteria Weighting Results D. Subcommittee's Weighted Scores Agenda Item K4 ATTACHMENT A PROPOSAL EVALUATION CRITERIA: Worksheet for Ad Hoc Proposal Review Committee The City of Maplewood's final request for proposals (RFP) for comprehensive recycling services was adopted officially by the City Council on June 13, 2005. This final RFP was formally released the next day to prospective vendors. RFP Criteria The RFP is very explicit about the process and criteria for evaluating eligible proposals submitted. The RFP stated: "17. Evaluation Criteria "The City will objectively evaluate the proposals submitted to determine the best value for the City and its residents. A comprehensive set of criteria will be used to quantify the merits of each proposal package, including (but not limited to): • Strength of qualifications of the vendor (together with any proposed subcontractor, if any), especially related to the particular needs of the City of Maplewood. Qualifications will include (but not be limited to) the proven capacities of the vendor (and any subcontractor) to meet the operational requirements of the City. • Comments from the Vendor's reference clients. • Innovations proposed to increase recycling rates. • Innovations proposed to improve public education about recycling to all City residents. • Innovations and guarantees proposed to increase recycling service levels and quality standards at the City's multi family dwellings. • Relative amount of revenue sharing to the City. • The price of the recycling services. • Responsiveness of the Vendor to all other provisions of this RFP. "These evaluation criteria are not presented in any special order. No ranking of these criteria within this RFP is intended or implied. The City also may use other criteria that serve the City's stated intent and goals of this RFP and of the new recycling contract." Criteria WeiEhtinE - The City is using an ad -hoc proposal review committee to review eligible proposals. Each member should weight the above criteria. Finally, staff will compile the results of these individual weightings and calculate a draft "ad hoc committee consensus" for discussion at the first meeting. (continued) 9 Agenda Item K4 ATTACHMENT A (continued) Weighting Criteria — Your Proposed Individual "Vote " Instructions: Weight the criteria by allocating percentage points to each criterion such that the total equals 100 percent. Original criteria in the RFP (see definitions / descriptions above): Your Proposed Weight Here % "Strength of qualifications" % "Reference clients" % "Innovations proposed to increase recycling rates" % "Innovations proposed to improve public education about recycling to all City residents." % "Innovations and guarantees proposed to increase recycling service levels and quality standards at the City's multi family dwellings." % "Relative amount of revenue sharing to the City." % "The price of the recycling services." % "Responsiveness of the Vendor to all other provisions of this RFP." 100% TOTAL Agenda Item K4 ATTACHMENT B PROPOSAL EVALUATION SCORE SHEETS: A Set of Worksheets for Use by Ad Hoc Proposal Review Committee Evaluations Scores — Your Proposed Individual "Evaluations " Instructions: Read each proposal completely and carefully to get a sense of scope and depth. Then, go back and score each proposal against the evaluation criteria by allocating one (0) points for the "lowest" score to (10) points for the "highest" score. Do this for each criterion to the extent possible. Add comments and notes to help you remember the reason for your point allocations when we meet to discuss. Finally, submit copies of your score sheets back to the City of Maplewood before end -of -day, Wednesday, July 27 You do not need to add up or otherwise analyze your point allocations as staff will do these calculations based on the ad hoc committee consensus of criteria weightings. Also staff will conduct more thorough economic analysis of total dollar value of proposed prices and revenue sharing formulae. This economic analysis will be presented to the ad hoc committee at our meeting scheduled for Thursday, July 28, 2005; at 12:00 p.m. If you need to review the criteria definitions / descriptions, please refer to Section 17 in the RFP, or in the proposal evaluation criteria worksheet sent out last week for your individual's weightings. (continued) Agenda Item K4 ATTACHMENT B (continued) Vendor: Evaluator / Ad Hoc Committee Member: Date of Evaluation: Your Scores Here (0 to 10 points) Points Points Points "Strength of qualifications" Comments / Notes: "Reference clients" Comments / Notes: "Innovations proposed to increase recycling rates" Comments / Notes: Points "Innovations proposed to improve public education about recycling to all City residents." Comments / Notes: Points "Innovations and guarantees proposed to increase recycling service levels and quality standards at the City's multi family dwellings." Comments / Notes: Points "Relative amount of revenue sharing to the City." Comments / Notes: Points "The price of the recycling services." Comments / Notes: Points "Responsiveness of the Vendor to all other provisions of this RFP." Comments / Notes: 7 Agenda Item K4 ATTACHMENT C SUBCOMMITTEE CRITERIA WEIGHTING RESULTS "Strength of qualifications" "Reference clients" AVERAGE 15% 7% "Innovations proposed to increase recycling rates 14% "Innovations proposed to improve public education about recycling to all City residents." 14% "Innovations and guarantees proposed to increase recycling service levels and quality standards at the City's multi family dwellings. 12% "Relative amount of revenue sharing to the City." "The 2nce of the recycling services." 12% 18% "Responsiveness of the Vendor to all other provisions of this RFP." 8% TOTAL 100% 8 Agenda Item K4 ATTACHMENT D SUBCOMMITTEE'S WEIGHTED SCORES TOTAL Allied / BFI Eureka Onyx 6.5 7.9 4.5 `1.�/1l l 5.2 Agenda Item K.5 REPORT SUMMARY Applicant: Ohlson Property Maintenance and Landscaping (Erik Ohlson and Stephanie Jacques) and Oehrlein Outdoor Property Maintenance (Thor and Jenny Oehrlein) Site Address: 1949 Atlantic Street and Vacant Property to the North (Both Located within the Gladstone Neighborhood) Zoning: Business Commercial (BC) Land Use: Business Commercial (BC) City Council Hearing Date: August 22, 2005 Project Description: The conditional use permits for Ohlson Landscaping and Oehrlein Property Maintenance are due for review. The conditional use permits were required for exterior storage and the construction of a 3,264- square -foot metal building within the business commercial zoning district. Requests: Erik Ohlson and Stephanie Jacques are requesting the city council waive all required exterior improvements associated with the development of their metal building for Ohlson Landscaping due to the pending Gladstone redevelopment. Recommendations: Staff recommends waiving the parking lot improvements associated with the Ohlson Landscaping business for one year pending a decision on the Gladstone redevelopment study. Staff further recommends the conditional use permits for Ohlson Landscaping and Oehrlein Property Maintenance be reviewed again in three months to ensure all other required exterior improvements are complete. MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Ohlson Property Maintenance and Landscapes / Oehrlein Outdoor Property Maintenance APPLICANT: Erik Ohlson and Stephanie Jacques and Thor and Jenny Oehrlein LOCATION: 1949 Atlantic Street and Vacant Lot to the North DATE: August 16, 2005 INTRODUCTION The conditional use permits (CUP) for Ohlson Landscaping and Oehrlein Property Maintenance located at 1949 Atlantic Street and the vacant lot to the north are due for review. The CUPS were required for exterior storage and the construction of a metal building within the Business Commercial (BC) zoning district. - 7e[812101 :Zo1ll.I C February 24, 2003: The city council approved two CUPS for Ohlson Landscaping and Oehrlein Property Maintenance to allow for exterior storage and for the construction of a 6,528- square -foot metal building within the business commercial zoning district. February 9, 2004: The city council approved a minor subdivision to subdivide 1949 Atlantic Street into two separate lots and also approved three CUPS as follows: 1) exterior storage for Ohlson Landscaping at 1949 Atlantic Street; 2) construction of a 3,264- square -foot metal building within the business commercial zoning district at 1949 Atlantic Street for Ohlson Landscaping; and 3) exterior storage for Oehrlein Outdoor Property Maintenance at the newly subdivided and vacant lot located north of 1949 Atlantic Street. Refer to the attached city council minutes (Attachment 3). Q 6.18111 :9 [a]. History In 2003 the city council originally approved the construction of a 6,528- square -foot metal building on the .72 -acre site at 1949 Atlantic Street. The building was proposed to house both businesses. In 2004 the two business owners decided not to develop a building together, but to subdivide the land and utilize the separate lots individually for each business. Ohlson Landscaping eventually constructed a 3,264- square -foot metal building for their business on their lot at 1949 Atlantic Street, and Oehrlein Outdoor Property Maintenance stores commercial vehicles associated with their business on their vacant lot. Gladstone Redevelopment The properties are located within the Gladstone redevelopment area. The city began contemplation of redevelopment in the Gladstone neighborhood as early as 2002 (after the construction of the roundabout at the intersection of Frost Avenue and English Street) and formally began the redevelopment studies in 2004. Redevelopment envisioned in the Gladstone neighborhood includes pedestrian - friendly, mixed -use developments with multi - family housing and neighborhood retail and commercial uses. Metal buildings and exterior storage conflict with this vision. For this reason, city staff attempted to dissuade the owners of Ohlson Landscaping, Erik Ohlson and Stephanie Jacques, from following through with the development in 2003 and 2004. The applicants continued with their development plans, knowing the possible risks of developing within a redevelopment area. Ohlson Landscaping The Ohlson Landscaping building was constructed during the summer and fall of 2004. The city's building department conducted a final inspection of the building on January 20, 2005. This inspection failed, but the applicants were given a conditional certificate of occupancy which allowed for the storage of vehicles in the building (no office use) and required that all exterior improvements (including parking lot pavement, landscaping, landscape bins, and fence slats) be complete by June 1, 2005. Since that time the applicants have not arranged for a re- inspection of the building, and no exterior improvements have been made. Erik Ohlson and Stephanie Jacques are now requesting that the city council reconsider the exterior improvements due to the Gladstone redevelopment study. In their attached letter they state that they do not want to pave the parking area, install the slats within the fence, or plant the perennials and evergreen trees (Attachment 4). They state that these improvements are very costly and it seems pointless to spend the funds when it will eventually be tom up by developers. During discussions with the applicants, city staff expressed support of waiving the parking lot pavement requirement for one year pending an outcome to the Gladstone redevelopment study. However, staff is not supportive of waiving all exterior improvements. There is no definite redevelopment plan in place for the Gladstone neighborhood, and there is still much more to accomplish before redevelopment can take place. Redevelopment scenarios will also vary, with no assurance that the Ohlson Landscaping site would redevelop within any specific timeframe. For the above stated reasons, staff recommends that the city council waive the requirement for paving the parking lot at Ohlson Landscaping for one year pending the outcome of the Gladstone redevelopment study. Further, the applicants should complete all other required exterior improvements by October 31, 2005, with city council review of the CUP again in November 2005 to ensure this completion. Oehrlein Lawn Maintenance The CUP issued to Thor and Jenny Oehrlein allowed for exterior storage of lawn maintenance vehicles on their vacant lot. A condition of approval was that the Oehrleins construct a 6- foot -high, solid wood screening fence on the north property line, adjacent the Gateway Trail. City staff contacted the applicants in July to explain that the CUP review was scheduled for August and that they should ensure the fencing was installed by the review date. The applicants stated that they have the fencing material, but have not had the opportunity to install the fence. To date the fence has not been installed. City staff recommends that the city council review the CUP associated with Oehrlein Outdoor Lawn Maintenance again in November 2005 to ensure completion of the fence. RECOMMENDATIONS 1. Waive the requirement to pave the parking lot at Ohlson Landscaping for one year (August 22, 2006) as originally required by the February 9, 2005, conditional use permit and design review approval for 1949 Atlantic Street. The city council will review the parking lot pavement requirement again in August 2006 pending a decision on the Gladstone redevelopment study. The parking lot pavement waiver is conditioned on the applicants working with the city's engineering department to ensure proper erosion control measures are in place (i.e., temporary sediment infiltration pond). Review the conditional use permits for Ohlson Landscaping (1949 Atlantic Street) and Oehrlein Outdoor Lawn Maintenance (vacant lot north of 1949 Atlantic Street) again in three months (November 2005) to ensure all required exterior improvements are complete. P:Sec16 \0hlson Landscaping \2005 CUP Review Attachments: 1. Location Map 2. Landscape Plan 3. February 9, 2004, City Council Minutes 4. Ohlson Landscaping Correspondence Attachment 1 -- - - - — ----- r �11 u, / U -1 - - U Proposed OhIson [I�nds� ping Site 1 (0 'T all GO TZ� W—1 M ILI t It 0 1 venue-- �_ I � L City Open Sp ace B an L LL �o LL � :�j 0 ( I� �'IO �) nl� I ° ° a Location Map 2 T T 2 l h O ^\ C0 I PARCEL A TREE LEGEND B 'BLACK HIUS' SPRUCE B 'MMNY ARBOR NTAE A G • fn t n n M 2� e 2 mm I ,Ir m n c l� POND PLANHNGS IUNNY CARAMS' LAMT TD WCLUOE 3 EA 'S]L fFA1NER' 6RAS 3 EA NNW METAL' SAITLN CRAG 10 EA 'HAPPY RMRNS' DAtl LY 10 EA JAPANESE IRIS M BE LAID WT IN ACCC540ANCE MM CITY DESIGN Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M., Monday, February 9, 2004 Council Chambers, Municipal Building Meeting No. 04 -03 H. PUBLIC HEARINGS 7:10 p.m. Ohlson Landscaping -1949 Atlantic Street Lot Division Conditional Use Permit for Outdoor Storage Conditional Use Permit for Metal Building Conditional Use Permit for exterior storage within the Business Commercial Zoning District Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. C. Commissioner Desai presented the Planning Commission Report. d. Boardmember Ledvina presented the Community Design Review Board Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Stephanie Jacques, the applicant, 1706 Barclay Street, Maplewood f Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to approve the lot division request to subdivide the property at 1949 Atlantic Street into two lots based on the following conditions: a. Provide a certified land survey showing the existing and proposed property lines and proposed building and parking lot. b. Deeds describing the two new legal descriptions, which must be stamped by the city. Ramsey County requires the city acknowledgment of approval to record the deeds. City code requires that the deeds be recorded with Ramsey County within one year of the date of lot division approval (February 9, 2005) or the lot division becomes null and void. C. There are pending assessments on this property. In order for the city to approve the lot division the applicants must submit confirmation that the payment of assessments are resolved between the two property owners to the satisfaction of the city engineer. City Council Mccting 02 -09 -04 Seconded by Councilmember Juenemann Ayes -All Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit for Thor and Jenny Oehrlein for exterior storage within the Business Commercial NC zonin district in order to store lawn are maintenance vehicles on Parcel A (north parce0at 1949 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04 -02 -019 WHEREAS, Thor and Jenny Oehrlein applied for a conditional use permit for exterior storage within the business commercial zoning district for their property maintenance business; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The northerly V2 of the following lot: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16- 29 -22 -14 -0089; WHEREAS, the history of this conditional use permit is as follows: On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, 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 city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approved this permit because: 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. City Council Mccting 02 -09 -04 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. 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 of the conditional use permit is subject to the following conditions: Exterior storage is limited to vehicles associated with a property maintenance business. All vehicles must be licensed and operable. No landscape material can be stored on the property, including but not limited to, lawn clippings, landscape rock, etc. 2. A 6- foot -high, solid wood, screening fence must be installed and maintained on the north property line. 3. There shall be no noise - malting business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by city code. 4. The city council must approve a revision to this permit if the owner wants to put a permanent building on the site. 5. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes -All Councilmember Rossbach moved to adopt the following resolution approving Erik Ohlson and Stephanie Jacques request for a conditional use permit to construct a 3,264- square- foot metal building within the Business Commercial (BC) zonin district on Parcel B (south parcel) at 1949 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04 -02 -020 WHEREAS, Erik Ohlson and Stephanie Jacques applied for a conditional use permit for the construction of a metal storage building that is 3,264 square feet in area and 25 feet in height within the Business Commercial zoning district; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The southerly V2 of the following lot: Vacated alley adjacent and accruing and except the City Council Mccting 02 -09 -04 South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16- 29 -22 -14 -0089; WHEREAS, the history of this conditional use permit is as follows: On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, 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 city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approved this permit because: 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 of the conditional use permit is subject to the following conditions: City Council Mccting 02 -09 -04 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 city council approval or the permit shall become null and void. 3. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Koppen Ayes -All Councilmember Rossbach moved to adopt the following resolution approving Erik Ohlson and Stephanie Jacques request for a conditional use permit for exterior storage on Parcel B (south parcel) at 1849 Atlantic Street: CONDITIONAL USE PERMIT RESOLUTION 04 -02 -021 WHEREAS, Erik Ohlson and Stephanie Jacques applied for a conditional use permit for exterior storage within the business commercial zoning district for their landscape business; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal description is: The southerly V2 of the following lot: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16- 29 -22 -14 -0089; WHEREAS, the history of this conditional use permit is as follows: On January 20, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On February 9, 2004, 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 city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approved this permit because: 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. City Council Mccting 02 -09 -04 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. 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 of the conditional use permit is subject to the following conditions: 1. Exterior storage is limited to four landscape bins (8 feet wide x 8 feet deep x 6 feet high in size). Storage within the bins is limited to landscape goods or materials such as rock, mulch, sand, woodchips, etc. 2. The four landscape bins must be placed on the southeast side of the lot and must be screened from Atlantic Street with landscaping. 3. There shall be no noise - malting business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by code. 4. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Juenemann Ayes -All Councilmember Rossbach moved to approve the plans (grading, utility, and landscape plans date- stamped November 18, 2003) FOR A 3,264 SQUARE FOOT METAL BUILDING AT 1949 Atlantic Street with following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Provide the following for city staff approval before the city issues a grading or building permit: City Council Mccting 02 -09 -04 1) A revised grading and drainage plan that addresses all engineering conditions as outlined in the January 5, 2004, engineering review and includes that the entire parking lot and driveway be paved. This plan must be approved by the city engineer prior to issuance of a grading permit. 2) A revised utility plan, subject to the city engineer's approval. The applicants must sign a developer's agreement with the City of Maplewood to ensure proper extension of city sewer and water to the site. 3) A revised site plan showing the following: a) The parking lot layout including the location of at least four striped parking spaces, with one of those spaces handicap accessible as required by the Americans with Disabilities Act. b) The driveway with a width of at least 20 feet is paved between the street and the parking lot. Any gate along this driveway must also open to a 20 -foot width. C) The location of four landscape bins a maximum size of 8 feet wide x 8 feet deep x 6 feet high. 4) Revised elevations showing one exterior faucet located on the building, the proposed landscape bins to be constructed of concrete block, painted to match the building, and the southern chain -link fence with beige colored slats to match the building which creates an 80 percent opaque screen. 5) Building samples of metal panels, standing seam roof, trim, doors, wainscot, and fence slats. 6) A revised landscape plan that shows the following: a) Replacement of gravel on the north side of the building with grass or native plantings. b) Replacement of gravel on the west and south side of the building with landscaping rock three feet out from the building and sod used to cover the remaining ground. C) An infiltration basin/rainwater garden planting plan showing an adequate number of native plantings to address infiltration needs as required by the city's engineering department. 7) The requirement for underground irrigation is waived if the applicants sign an agreement with the City of Maplewood stating that the owners will hand -water all landscaping, and any required landscape material that dies will be replaced. 8) A revised photometric plan showing the freestanding fights not to exceed 25 feet in height, including the base, and the fight illumination from any outdoor fight not to exceed .4 foot candles at all property lines. City Council Mccting 02 -09 -04 9) If trash is to be stored outside of the building, plans for a trash - dumpster enclosure is required. The enclosure must have gates that are 100 percent opaque, and the materials and colors of the enclosure shall be compatible with those of the metal building. 10) A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. C. Install all required exterior improvements including paving and striping the parking lot, installation of landscaping, installation of beige fence slats, installation of outdoor fighting, etc., before occupying the building. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes -All City Council Mccting 02 -09 -04 City of Maplewood Shann Finwall/Planner 1830 County Road B East Maplewood, MN 55109 RE: 1949 Atlantic Street Conditional Use Permit Dear Shann: Attachment 4 1706 Barclay Street Maplewood, MN 55109 651 - 748 -1566 Fax: 651 - 779 -4246 Because the Gladstone Redevelopment Plan is well underway we are requesting that the city reconsider properly improvement items relating to our Conditional Use Permit. We do not want to pave our parking area, install the slats within the fence, or plant the perennials and evergreen trees. We recommend leaving the parking class 1V. These improvements are very costly and it seems pointless to spend the funds when it will. eventually be tore up by the developer. We would, however, like to install 1 ifi" River Rock along the entire North, East and South side of the building, instead of 2 feet of rock and the rest sod as originally required by the city. Thank you for your consideration. Most Sincerely, Erik Ohlson President RECEIVED JUL 2 9 2005 Agenda Item K.6 REPORT SUMMARY Applicant: Tim Palmquist, representing Best Buy Site Address: 1845 County Road D Zoning: Business Commercial (BC) Land Use: Business Commercial (BC) City Council Hearing Date: August 22, 2005 60 -Day Deadline: September 3, 2005 Project Description: Best Buy is proposing to construct anew 45,243- square- foot store at 1845 County Road D (Town Center shopping center). The proposal includes the demolition of the existing Frank's Nursery store within the center and relocation of Best Buy's current store into the new building. Requests: To build this development, the applicants are requesting that the city approve a parking count reduction of 36 parking spaces and design review for the new building. Recommendations: On August 1, 2005, the planning commission recommended denial of the building setback variance (the site plan has since been revised to alleviate the need for a variance) and also recommended denial of the parking count reduction. On August 9, 2005, the community design review board recommended approval of the design review on the condition that the building elevations be revised and resubmitted to the board for approval. Staff recommends approval of the parking count reduction and design review (with the condition to revise and resubmit the building elevations to the board). MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Best Buy LOCATION: 1845 County Road D DATE: August 15, 2005 INTRODUCTION Project Description Tim Palmquist, representing Best Buy, is proposing to construct a new 45,243 square foot store at 1845 County Road D (Town Center shopping center). The proposal includes the demolition of the existing Frank's Nursery store within the center and relocation of Best Buy's current store into the new building. Requests To construct the new store, the applicant is requesting that the city approve the following: Parking Count Reduction: City code requires one parking space per 200 square feet of retail space. Town Center shopping center, including the new Best Buy store, requires 553 parking spaces. Upon completion of the new Best Buy store, the overall parking count on the property will be 517. City code allows a reduction in parking if authorized by the city council. This proposal would require a parking count reduction of 36 fewer parking spaces than code requires. 2. Design review. DISCUSSION Best Buy Relocation The Town Center shopping center property includes 8.08 acres and consists of nine businesses including Best Buy, former Frank's Nursery, Pannekoeken Restaurant, and various smaller retail stores. The existing 43,203- square -foot Frank's Nursery store has been vacant for over a year. Best Buy proposes to demolish this portion of the shopping center and construct a 45,243- square -foot freestanding building on the west end of the shopping center to relocate their existing store. There are no specific plans for the existing Best Buy portion of the shopping center at this time, but it could be leased to another retail use or subdivided for smaller retail uses. Town Center Redevelopment City code does not specify a maximum amount of impervious surface on this property. It should be noted, however, that the amount of impervious surface decreases slightly on the property after redevelopment by 2 percent (6,715 square feet). In addition, the city's engineering department is requiring that the applicant provide storm water treatment in the form of a treatment structure or other best management practices prior to storm water drainage flowing to the ditch. Curb Cuts There are three existing curb cuts on County Road D into the shopping center. With the reconstruction of County Road D in 2009, a traffic signal will be constructed at the intersection of Southlawn Drive and County Road D. Because of the traffic signal, Best Buy is proposing the major access point for the new store to beat this intersection. To accommodate for the signal, the city's engineering department required that the Best Buy entrance be widened from 30 to 40 feet. The additional width is required to allow for two exit lanes and one entrance lane. The original site plan showed the number of curb cuts reduced from three to two, one on the east and one on the west side of the property. During review by the planning commission on August 1, 2005, the commission expressed concern over the removal of the third curb cut. The concern was based on the possibility of traffic backups caused by the reduction in curb cuts when exiting and entering the property during high use periods. The city's engineering department supported the reduction in curb cuts initially to ensure safe traffic flows along County Road D. However, based on the planning commission's concern, and after further review, it was determined that a third curb cut would be feasible. The third curb cut should be located along the center drive aisle and can allow for a right turn in and right turn out only. The applicant has submitted a revised colored site plan date - stamped August 15, 2005 (separate handout) which reflects the third curb cut and the widened Southlawn drive aisle for the city council's review. Building Orientation The location of the future traffic signal at the intersection of Southlawn Drive and County Road D required Best Buy to locate their new building as far west as possible to ensure a drive aisle could be located in front of the building. Best Buy also discussed the possibility of constructing the building in the center of the site, at the approximate location of the existing Frank's Nursery. The discussion included two options: First, constructing the building with the front facing west and parking for the store on the west side of the building. Second, constructing the building with the front facing south and parking for the store on the south and west side of the building. Neither of these options was found to be viable. First, the property managers did not approve of the construction of the building with the front facing west as this design would turn the Best Buy store's back toward the rest of the shopping center. Second, Best Buy determined that constructing the building with the front facing the south would not allow for adequate parking in front of their store, which would be a similar parking situation to their existing building. As such, they found that the proposed plan was the best option to meet their needs. Building Setbacks City code requires setbacks for this building to be 30 feet to both right -of -ways (County Road D and 1 -694) with no specified setbacks to the west side property line (toward Slumberland). The applicant originally proposed the building with a 30 -foot setback to 1 694, a 25 -foot setback to County Road D, and a 10 -foot setback to the west side property line. With this site plan the applicant was requesting a 5 -foot building setback variance in order to construct the building within 25 feet of the County Road D right -of- way rather than the required 30 feet. Due to city staff and the planning commission recommendation of denial of the building setback variance, the applicant revised the building design to comply with all required setbacks. The applicant has submitted a revised colored site plan date stamped August 15, 2005 (separate handout) that reflects the revised building setback. Parking Lot Within the business commercial zoning district, city code requires a parking lot to maintain a 15 -foot setback to a right -of -way and parking spaces for a retail use to maintain a 10 -foot width and an 18 -foot length. The existing parking lot has a 15 -foot setback to the County Road D right -of -way and a 6 -foot, 6 -inch setback to the 1 -694 right -of -way. The existing parking spaces are 9 feet wide and 18 feet long. The city code allows the expansion of a nonconforming parking lot such as this as long as the parking lot does not exceed the existing setbacks or dimensions. With the expansion of the parking lot, Best Buy proposes to maintain the existing setbacks and dimensions and therefore can be accomplished without the need for a variance. Several landscaped islands of varying widths are proposed in the new parking lot. This will decrease the amount of impervious surface on the site and will add to the aesthetics of the property. The landscape islands should be revised to reflect a consistent 10 -foot width, which is required by city code. Amount of Parking City code requires five parking spaces per 1,000 square feet of retail space. There are currently 487 parking spaces located on the property, for an overall parking ratio of 4.48 parking spaces per 1,000 square feet of retail space. With the redevelopment of the site, city code would require 553 parking spaces. The applicant's original submittal showed 522 parking spaces after redevelopment of the site. However, the construction of the third curb cut required the applicant to remove five parking spaces from the original site plan, for a parking count of 517 spaces (4.68 per 1,000 s.f). Therefore, a parking reduction authorization of 36 parking spaces is required. The applicant states that the redevelopment of the site will improve the parking situation overall, both in number and in location. In addition, there is ample opportunity for shared parking throughout the shopping center with various uses operating at varying times of the day. For these reasons, staff supports the parking count reduction. The planning commission, however, recommended denial of this reduction stating that they would be more supportive if the portion of the expanded parking lot had parking spaces which met the current city code required width of ten feet, rather than the nonconforming existing width of nine feet. This rationale, of course, would reduce the parking count reduction further. Sidewalk Currently there is no sidewalk in front of the Town Center shopping center, along County Road D. With the redevelopment of the site, Best Buy should install a six - foot -wide sidewalk along County Road D, running the entire length of the center's property. Because of future road improvements and widening of County Road D, the center must also grant a 12- foot -wide pedestrian and utility easement to the city to ensure there is adequate room for the sidewalk and future utilities. The applicant has submitted a revised colored site plan date - stamped August 15, 2005 (separate handout) which reflects the sidewalk. Building Design The building elevations show the building constructed of predominately two colors of split face concrete masonry units (Attachment 9). Also proposed are brick piers and custom blue dryvit elements on the sides and front of the building. The height of the building is 28 feet, with a maximum of 36 feet to the top of the blue "ticket" element above the front door. City staff expressed major concerns over the original elevations. City staff felt the large size of the building warranted design elements which would help break up the large expanse of the walls. The community design review board reviewed the design elements of the project on August 9 and agreed with staff. The board recommended approval of the design review, on the condition that the elevations are revised and resubmitted to the board for approval. The revisions should reflect additional design features to help break up the large expanse of the walls including stepping out portion of the fagade every 20 feet or so, adding window bays, adding more prominent piers, adding more prominent corner elements such as a tower or circular design, etc. In addition, the revisions should include the use of more quality building materials including brick, stone, stucco, or glass. Since the board meeting, the applicant has been working on revised elevations. The applicant will be prepared to share those revisions with the city council on August 22, and present them for approval to the board on August 23. Landscaping The landscape plan calls for 129 shrubs and 27 trees (17 deciduous and 10 evergreens) to be located on the new Best Buy development portion of the site. Staff and the CDRB made several recommended changes to the landscape plan to include: 1) arborvitaes located in front of the loading dock wing wall to be at least 6 feet in height at planting; 2) addition of landscape planting beds on the south side of the building; 3) a row of deciduous trees (either existing or new trees) along County Road D after the installation of the sidewalk; and 4) show all existing landscaping on the entire Town Center property to ensure all previously required landscape is still installed and healthy. Lighting The lighting plan calls for eleven new freestanding lights to be located within the expanded parking lot. The lighting plan does not specify the height of the lights, but there is a 40- foot -high freestanding light depicted on the building elevations. City code allows freestanding lights to maintain a 25- foot - height maximum. A revised lighting plan must be submitted which reflects that the freestanding lights meet city code requirements, must show any proposed building mounted lights, and must ensure that the light illumination from the exterior lights does not exceed .4- foot - candles at all property lines. Comprehensive Sign Plan City code requires all multi- tenant shopping centers with five or more tenants to obtain a comprehensive sign plan prior to installation of signs. On September 23, 1986, the CDRB approved a comprehensive sign plan for the Town Center shopping center. Prior to issuance of sign permits, the applicant must submit all proposed signs to the board for approval of an amendment to that plan. CITIZEN COMMENTS Staff surveyed the 20 surrounding property owners within 500 feet of this site for their comments. Only one property owner responded as follows: William A. Hinks, CEO, Ashley Home Stores: We are very excited about the prospect of Best Buy building a new store in the old Frank's Nursery space. A new store in that space brings more customers and dollars into the Maplewood marketing area. We are 100 percent in favor of the proposal. OTHER COMMENTS Engineering Department: Erin Laberee, civil engineer, reviewed the applicant's request and outlines her comments in the attached engineering report dated August 4, 2005 (Attachment 10). Building Department: Dave Fisher, Building Official, reviewed the applicant's request and outlines his comments in the attached memorandum dated July 1, 2005 (Attachment 11). Fire Department: Butch Gervais, Fire Marshal, reviewed the applicant's request and outlines his comments in the attached memorandum dated July 15, 2005 (Attachment 12). Police Department: Lt. Kevin Rabbett reviewed the applicant's request and outlines his comments in the attached memorandum dated July 1, 2005 (Attachment 13). COMMITTEE ACTIONS On August 1, 2005, the planning commission recommended denial of the building setback variance and the parking count reduction. Refer to the planning commission minutes attached (Attachment 14). On August 9, 2005, the community design review board recommended approval of the design review for Best Buy on the condition that the elevations for the building be revised and brought back to the board for approval. Refer to the board minutes attached (Attachment 15). RECOMMENDATIONS Approve a parking count reduction for the Town Center shopping center located at 1845 County Road D in conjunction with the construction of a new Best Buy store on the property. The parking count reduction is subject to the following conditions: a. Approval is for a reduction of 36 parking spaces for the overall site. b. The applicant shall dedicate 12 feet of pedestrian and utility easement along County Road D to allow for future improvements. County Road D is scheduled in the city's CIP for reconstruction and widening in approximately 2009. C. Best Buy shall provide the city with an approved letter of credit to assure the city of Best Buy's contribution to the cost of the signal system construction at the intersection of Southlawn Drive and County Road D. is estimated that Best Buy's share will be approximately $31,250 (50% of $62,500). The letter of credit shall remain in effect until the City Council authorizes and /or levies the final assessments and financing plan for the signal improvements, but no later than December 31, 2009. 2. Approve the plans date - stamped June 15, 2005, and the August 15, 2005, site plan for the Best Buy Store to be located within the Town Center shopping center at 1845 County Road D. Approval is subject to the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised engineering and grading plans. These plans shall comply with all requirements as specified in the city engineering report dated Aug. 4, 2005, which requires, among other items, 12 -foot- wide pedestrian and utility easement along County Road D, a 6- foot -wide concrete sidewalk along County Road D, and a letter of credit authorizing and /or levying the final assessment and financing plan for a traffic signal improvement at the intersection of Southlawn Ave. and County Road D. 2) Revised site plan showing the following: a) A 6- foot -wide concrete sidewalk along County Road D as determined by the engineering department. b) The building maintaining a 30 -foot setback from both right - of -ways (County Road D and Interstate 694). C) The Southlawn Avenue entrance widened to 40 feet to allow for two exit lanes and one entrance lane. d) The landscape islands should be revised to reflect a consistent 10 -foot width. 3) Revised landscape plan showing the following: a) Arborvitaes located in front of the wing wall should be at least 6 feet in height at planting. b) Several landscape planting beds located on the south side of the building, along County Road D. The beds should include low maintenance shrubs and perennials planted within rock mulch. C) The location of the 6- foot -wide sidewalk along County Road D and any trees which will be preserved with the construction of the sidewalk. The plan must reflect a row of deciduous trees (either existing or new trees) along the entire south side of the property along County Road D. The trees must be at least 30 feet on center and all new trees must be at least 2 -1/2 caliper inches in size. d) All existing landscaping on the entire Town Center property to ensure all previously required landscape is still living. e) An underground irrigation plan to ensure all landscaping on the site is watered as required by city code. 4) Revised lighting and photometrics plan which ensures all freestanding lights maintain a height of 25 feet or less, shows all proposed building mounted lights, and ensure the light illumination at all property lines does not exceed .4 foot - candles. 5) Obtain a permit from Minnesota Department of Transportation for any use of or work within or affecting the Interstate 694 right -of- way. 6) Watershed district approval. 7) Elevations of the west wall of the remaining Town Center shopping center (after demolition of the Frank's Nursery Center) to ensure the finished wall is compatible to existing building. 8) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work and will be used by the city in the event the required exterior improvements are not complete. C. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas. 4) Install all required outdoor lighting. 5) Install the required sidewalk along County Road D. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. All work shall follow the approved plans. The director of community development may approve minor changes. Building elevations are not included in this design review. Revised building elevations must be submitted to the community design review board for approval. g. Signs are not included in this design review. Prior to issuance of sign permits for the new Best Buy store the applicant must submit all proposed signs to the community design review board for an amendment to the Town Center shopping center's comprehensive sign plan. REFERENCE SITE DESCRIPTION Site size: 8.76 Acres Existing Use: Multi- Tenant Retail Center SURROUNDING LAND USES North: 1 -694 South: County Road D and the new Ashley Furniture store across the street East: Aamco Automobile Service Center West: Slumberland Furniture Store PLANNING Land Use: Business Commercial (BC) Zoning: Business Commercial (BC) Findings for Variance Approval State law requires that the city council make the following findings to approve a variance: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship, as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and a variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Application Date We received the complete application and plans for this proposal on July 5, 2005. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by September 3, 2005, unless the applicant agrees to a time extension. P: \com- dev \sec34 -30 \best buy \8 -22 -05 CC Report Attachments: 1. Applicant's Narrative 10. Engineering Report 2. Land Use (Separate Colored Copy Included) 11. Building Department Memorandum 3. Zoning (Separate Colored Copy Included) 12. Fire Department Memorandum 4. Location Map 13. Police Department Memorandum 5. Existing Conditions Survey 14. 8 -1 -05 Planning Commission Minutes 6. Demolition Plan 15. 8 -9 -05 CDRB Minutes 7. Site Plan 16. Separate Large Copies: Colored 8. Landscape Plan Elevations /Colored Site Plan /Civil Drawings 9. Exterior Elevations June 14, 2005 Ms. Shann Finwall Maplewood Community Design Review Board City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Best Buy Store Maplewood, MN Ms. Finwall, Attachment 1 Q WCL ASSOCIATES, INC. Architecture Interiors Best Buy Company, Inc. currently has a 39,900 +/- s.f. store at 1885 County Road D. Best Buy proposes to demolish the existing 43,203 s.f. Frank's Nursery at the west end of the existing strip center. In its place, we plan a new freestanding 45,243 s.f. Best Buy store. The new store will face east and our parking field will be located between the new store and the remaining strip center. In order to accomplish the new design, we request the following variances: 1. Front Yard Building Setback. Because we have an exposure on both 1 -694 and County Road D, we have two front yards. The front yard setback is 30'. We request a reduction to 25' -0" along County Road D. 2. Front yard parking setback: Again, we have two front yards. City ordinance requires 15' setbacks in the front yard, 5' on the side and rear. The existing parking is 15' -11" from County Road D and 6' -6" from 1 -694. We propose to maintain these distances. We are eliminating 16 stalls along County Road D, but only adding 5 stalls along 1 -694. 3. Parking Stall Size. City standard stall size is 10'x 18' with a 24' drive aisle. We request to use a 9'x 18' with a 24' drive aisle. This appears to match what is existing on site. 4. Parking Reduction. City standards require a 5/1,000 parking ratio. Per my calculations, the existing strip center is 57 stalls short of this. Building Area: Existing Franks 43,203 s.f. Existing Strip Center 65.403 s.f. Total Building: 108,606 s.f. AI i� 1433 Utica Avenue South, Suite 162 Minneapolis, MN 55416 Phone: M2) 541 -9969 Fax: (652)541 -9554 Parking: Existing Franks 205 cars (4.75/1,000) Existing Strip Center 282 cars (4.3111,000) Total Parking: 487 cars (4.48/1,000) Proposed Building Area: New Best Buy 45,243 s.f. Existing Strip Center 65.403 s.f. Total Building: 110,646 s.f. Proposed Parking: New Best Buy 226 cars (5.11,000) Existing Strip Center 296 cars (4.5./1,000) Total Parking: 522 cars (4.72/1,000) As you can see, we have improved the situation from 4.48/1,000 to 4.72/1,000, overall. Of course, patrons are free to park anywhere on the site. We have been working with city staff (planning and engineering) on these issues. City staff has also informed us of the widening of County Road D and the installation of a signal at County Road D and Southlawn Drive. They seem to be comfortable with the current proposal. Thank you for your consideration. Paul D. Anderson, AIA WCL Associates, Inc. Attachment 2 Land Use Legend Limited Business Commercial Attachment 3 Zoning Legend Zoning Map Attachment 4 Best Buy 1845 County Road D 7 i itu�iet a o � 0 0 Q C] El D ivr,- plewuuu M u — nU FF;-] F OP ,I_ Location Map wo ED ED E co Em on Or MAttCWOOO pAMSEYCCUNTY It TERSTATE HIGHWAY NO. 694 c..,,` 77' . ..... ". ..... 71 � �• I O Q'� '1 .,..a, w9C T; "M ---- ---------- lop P4 .. .. . COUNTY RO D,_-, (PUBLIC ROAD) "OJFCT LOCATION - COUNTY ROAD D - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - - 'ON, CORNERST SURVEY L U (0 Em ®`o..�sum one can A& N ® „7. rl �S ®`o..�sum one can A& N ® „7. rl • 6 !y BI_ST BUY rF L ... a.s- -ti .^. Y � © wmovn Brun o:na wxuv fisa55 x[e .0 =a �� M1I- C CD I vm'vwrus lsa w� 5 ! EENERAL 9R N016.r onc.,avam:y E +� d� 64r � UM AC ROAD) �4 .. wn N � [rt>OM � ' � tttiii SE-HK n.w,w -vn a ® G�oPhe 5�are One GII �� �n m + C WGL 45SOCiAIE! INTERSTATE HiG HWAY n E � ® S3` • 6 !y BI_ST BUY rF L ... a.s- -ti .^. 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A. 5.. w:a .... - -- RIGI9'(NORTHDELEVATI'�W n w.o..�•............ °..ww ___ -L wrroa 4 e ' "'�� I u 65.1I. ]1105 M O � ro � O isrx rmiu, � tmnwur e.0 _ �ixe _ wx.w m.mnu vmrnr n..... ___ _ __ __ _ ____ __ a ° mv,unwn v — w+.e:cn°ert♦ n'�' � Haar .0 6GVASIdV6 p EFC (9g5]'ITn ➢L6VATION Attachment 10 Engineering Plan Review PROJECT: Best Buy PROJECT NO: 05 -24 REVIEWED BY: Erin Laberee, Maplewood Engineering Department DATE: August 4, 2005 Best Buy is planning on relocating to the vacant Frank's Nursery store at the west end of the retail center at 1845 County Road D. Various site plans and layouts were reviewed by staff early on. This current layout is the best scenario that addresses traffic flow entering and leaving the site, as well as internal traffic flow. The applicant shall address the following issues: Drainage The applicant shall provide storm water treatment in the form of a treatment structure or other BMP prior to drainage flowing to the ditch. The developer shall enter into a maintenance agreement for the annual cleaning and maintenance of the BMP. Grading & Erosion Control 1. Inlet protection shall be provided for all storm sewer inlets. 2. The applicant shall submit plans to Ramsey Washington Metro Watershed District for their review. Utilities 1. The applicant shall submit plans to SPRWS for their review. Site Layout 1. The applicant shall dedicate 12 feet of pedestrian and utility easement along County Road D to allow for future improvements. County Road D is scheduled in the city's CIP for reconstruction and widening in approximately 2009. 2. The applicant shall revise the entrance across from Southlawn Drive to allow for two exit lanes and one entrance lane. The access shall be approximately 40 feet wide and include a combined left /through exit lane (11 feet wide), a right turn only exit lane (13 feet wide), a two foot median and an entrance lane (14 feet wide). The centerline shall lineup with the centerline at Southlawn Drive. 3. The applicant shall construct a 6 foot wide sidewalk with a 7 foot boulevard along County Road D. Traffic /Signal 1. The current proposal for Best Buy identifies the major access point for this facility at the Southlawn and County Road D intersection. The Engineering staff supports this access location. The City's Capital Improvement Plan identifies the intersection of Southlawn/County Road D for construction of a signal system in 2009 at the cost of $250,000. This signal system will benefit Best Buy and the other businesses within this development area. It is typical that benefit for signals is assigned based upon approach legs. In this case, this development may be assigned up to 25% of the signal cost ($250,000 * 25% _ $62,500. We have identified the need for Best Buy to revise the width and alignment of this driveway slightly to accommodate the proposed signal system. Best Buy shall provide the City with an approved letter of credit to assure the City of Best Buy's contribution to the cost of the signal system construction. It is estimated that Best Buys share will be approximately $31,250 (50% of $62,500). The letter of credit shall remain in effect until the City Council authorizes and/or levies the final assessments and financing plan for the signal improvements, but no later than December 31, 2009. 2. The applicant shall enter into a developer's agreement with the city to ensure the necessary easements are dedicated to the city along with the letter of credit required for the signal system and the sidewalk. Attachment 11 July 1, 2005 From: David Fisher, Building Official To: Shann Finwall, Planner Re: Best Buy's New Building The building setbacks must comply with the 2000 IBC Table 602 for exterior wall protection. A complete building code analysis will be required when plans are submitted for permit. All new office buildings over 2000 square feet are required to be fire sprinklered and NFPA 13. The new building must be built to meet Minnesota State Building Code and 2000 IBC. Provide accessible parking to comply with Minnesota State Building Code 1341 for accessibility. I would recommend a pre- construction meeting with the building department. Attachment 12 Plan Review Comments Date: 7/15/3005 Project: Best Buy Planner: Sharm Finwall Reviewed by: Butch Gervais, Fire Marshal Comments: I . Need 20 ft emergency access road 2. Fire Protection System pre -codes 3. Fire Alarm System per -codes 4. Product location plan for main floor and warehouse 5. Proper marking of door where fire protection system is located 6. Service doors shall be identified inside and outside (check with Fire Marshal) 7. Annunciation panel for fine alarm system shall be located at main door S. Fire Department lock box installed (Fire Marshal has order form) Attachment 13 � Ji LQJ I L 19 7 To: Shann Finwall " From: Lt. Kevin Rabbett I, L Date: 7 -1 -05 Re: Project Review: Best Buy I have reviewed the attached plans and have a few public safety concerns. I would suggest the standard surveillance lighting system for commercial buildings. In addition there should be a high quality video recording system installed given the high dollar value of the merchandised located within the store. Additionally, I would suggest concrete barriers in front of all entry doors to prevent drive through burglaries. The parking plan has two issues, both related to automobile crash prevention. The narrower than standard stall width would increase the potential for sideswipe type of accidents. Also, the less than standard number of parking spaces for this high volume store seems problematic. Customers are likely to park in available space across County Road D in either the Myth Nightclub or Ashley Furniture lots. This could lead to serious car- pedestrian crashes. I believe that increasing the number of on -site parking spaces is essential. If you have any questions or comments, please call me at x2604. Attachment 14 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, AUGUST 1, 2005 V. PUBLIC HEARING a. New Best Buy Store (1801 County Road D) Mr. Roberts said please remove the first item listed as Parking Lot Setback Variance on the agenda sheet and the third item listed as Parking Stall Width Variance because staff has determined those were not necessary. They were listed on the public hearing notice and staff was trying to have the agenda sheet consistent. Mr. Roberts said Mr. Tim Palmquist, representing Best Buy, is proposing to construct a new 45,243 square foot store at 1845 County Road D (Town Center shopping center). The proposal includes the demolition of the existing Frank's Nursery store within the center and relocation of Best Buy's current store into the new building. Mr. Roberts reported the Town Center shopping center consists of nine businesses including Best Buy, the former Frank's Nursery, Pannekoeken Restaurant, and various smaller retail stores. The existing 43,203- square -foot Frank's Nursery store has been vacant for over a year. Best Buy proposes to demolish this portion of the shopping center and construct a 45,243 - square -foot freestanding building on the west end of the shopping center to relocate their existing store. There are no specific plans for the existing Best Buy portion of the shopping center at this time. but it could be leased to another retail use or subdivided for smaller retail uses. Mr. Roberts said city code requires setbacks for this building to be 30 feet to both right -of -ways (County Road D and 1 -694) with no specified setbacks to the west side property line toward Slumberland. The new building will maintain a 30 -foot setback to 1 -694, a 25 -foot setback to County Road D, and a 10 -foot setback to the west side property line. A 5 -foot building setback variance is required to construct the building within 25 feet of the County Road D right -of -way. Staff finds there is no true hardship for the setback variance and recommends denial for the five foot setback variance. Mr. Roberts said initially city staff determined that a parking lot setback and parking space width variance would be required for this development. However, upon further review it has been determined these variances are not required for the following reason: within the business commercial zoning district city code requires a parking lot to maintain a 15- foot - setback to a right - of -way and parking spaces for a retail use to maintain a 10 -foot width and an 18 -foot length. The existing parking lot has a 15 -foot setback to the County Road D right -of -way and a 6 -foot, 6 -inch setback to the 1 -694 right -of -way. The existing parking spaces are 9 feet wide and 18 feet long. The city code allows the expansion of a nonconforming parking lot such as this as long as the parking lot does not exceed the existing setbacks or dimensions. With the expansion of the parking lot, Best Buy proposes to maintain the existing setbacks and dimensions and therefore can be accomplished without the need for a variance. Planning Commission -2- Minutes of 08 -01 -05 Commissioner Trippler asked who suggested there was away to get around the ordinance for the 10 foot wide parking stalls, the applicant or staff? Mr. Roberts said his understanding is that it was the request of the applicant. Mr. Roberts couldn't say who initiated the request because that was between the applicant and Ms. Finwall. Commissioner Trippler said he knows the applicant requested nine foot parking stalls but it seems obvious to him if there was parking stall width request the city staff must have felt a need for the variance. The ordinance states that parking stalls must be 10 feet wide. To clarify things, did the applicant ask for the nine foot wide parking stall or did staff say if you use the other ordinances you can probably get around this requirement? Mr. Roberts said he would assume after staff started researching it and reviewing the case of what already existed staff made a determination that it was no longer necessary. Commissioner Trippler wants it stated for the record he doesn't think staff's position should be to find ways to get around ordinances for applicants. He asked if there would be one outlet at the intersection of Kennard Street and Southlawn Drive? Ms. Erin Laberee, Maplewood Staff Engineer, addressed the commission. She said she believed there was another outlet east of the site. The city proposes there is adequate access in and out of this site. Mr. Roberts said its staff's preference to limit the number of driveways in and out of the site to minimize conflicts and potential accident locations. It's better in staff's opinion, to have two main areas where you know traffic is going to enter and exit, especially with the new stop light, rather than having a number of driveways where you have a lot more potential for conflict with cars. Commissioner Trippler said he has a problem with the design of the parking lot and the drive path in the front of the store where people are going to enter and exit the store and cars are going to be queuing up in the parking lot while they wait for the stop light to turn green to exit the lot. If for example 10% of the cars want to exit the parking lot at the same time, where are the 50 cars going to go? Mr. Roberts said there are three lanes shown on the plan, one entrance lane and a two exiting lanes, plus a sidewalk along the front of the building. Mr. Roberts displayed on the screen where the pedestrian sidewalk would be and how the cars would enter and exit the parking lot. There is another entrance and exit from this parking lot at the far end of the parking lot. Commissioner Trippler said he doesn't see how the traffic is going to flow properly through the site. In his opinion parking spaces nine feet wide area disaster. Personally he avoids shopping places that only have nine foot wide parking spaces because he doesn't want his car doors to get dings in them from people opening and closing their car doors. He would rather see less parking stalls and have the parking stalls ten feet wide as opposed to the proposed nine foot stalls Best Buy is requesting. Planning Commission -3- Minutes of 08 -01 -05 If you remember the past application for Home Depot when they wanted to put a storage area in their parking lot and lose some of their parking spaces, Home Depot said it wasn't going to be a problem. He thinks when the parking ordinance was developed during the 70's and 80's it was for stores that were smaller like 10,000 to 20,000 square feet and at that time maybe that was a good parking stall size and parking ratio. But when buildings are larger than an acre in size the city needs to look at that parking ratio again because he doesn't think you are going to get that many people packed into that store and parking lot. He doesn't think there are that many more people that visit the store and he thinks the merchandise in the store takes up more room and that is why they require a larger store not because there are that many more visitors and they need that many more parking spots. So for that reason he would recommend wider parking stalls and grant the variance for less parking places. He thinks the problem is the way this building and parking lot is designed. He doesn't like that the building is sitting out in the parking lot all by itself and thinks the proposed plan is hideous. This store is going to be built in an area of Maplewood that is currently under construction and a lot of money is being spent to improve this part of the city. The city is trying to make this area really attractive and this building is just a square box and doesn't have much curb appeal. The applicant either needs to come up with a more attractive design or reorientate the building so it looks like it relates to the strip mall better. He knows the building design is reviewed by CDRB but he wanted his comments to go on the record. Commissioner Dierich agreed with Commissioner Trippler that this pedestrian area is very unsafe. She knows from experience at the old Woodbury Best Buy location you would take your life in your own hands walking from the parking lot to the entrance of the store. She thinks the parking count variance relates very much to the width of parking stalls. Commissioner Dierich said she went to the site and measured the existing parking stalls. She drives a small car that is 4 feet 5 inches wide with a four foot wide door which equals almost 9 feet wide when she opens the door all the way. The rest of the time she drives a Toyota Tundra truck which is 6 feet wide with a four foot wide door which equals 10 feet wide when opening the door so you would already be over by 1 foot. Not too many people drive small cars especiallywith families, they drive large and wide vehicles like Cadillac Escalades, Chevy Suburban's, and Mini Vans with doors that open and not always with the doors that slide open. For these reasons she has a problem with nine feet wide parking stalls. She would urge the applicant to think about this plan and urge the planning commissioners to think about this as well. She isn't sure the staff adequately explained to her how the parking width is grandfathered -in just because it's an existing issue. This is a new site and a new building and she thinks the city should apply the parking ordinances as it stands now. This is a new site and a new building and should not be grandfathered -in in her eyes. She doesn't know how it's good planning to allow an existing situation to continue as an existing problem. She wants this made clear and part of the record for the city council because she doesn't see that either one of these things were adequately addressed. She would like the applicant to explain why the building is going to be located where it's proposed instead of next door to the Frank's Nursery location because it looks like it fits fine with the alignment of the driveway. Best Buy could bump the building back a little bit and take care of that elevation or setback from the street without much of a problem. She wondered if Best Buy thought of an L- shaped building rather than a big box which would be far more attractive in her opinion. Commissioner Yarwood asked if staff had calculated how many parking spaces Best Buy would be short if the parking stall width was increased to ten feet wide? Planning Commission -4- Minutes of 08 -01 -05 Mr. Roberts said he would estimate a loss of 20 to 30 parking spaces from the 522 parking spaces in the development. Chairperson Fischer said with 31 fewer parking spaces then the code requires she asked if that was with or without the five foot loss for the building setback? Mr. Roberts said he thought that would be without changing the setback. If the building size was reduced that would be a loss of 26 parking spaces. Chairperson Fischer asked the applicant to address the commission. Mr. Tim Palmquist, Project Development Manager, Best Buy, 7601 Penn Avenue South, Richfield, addressed the commission. He said they are excited about this project. Best Buy has been doing a lot of building and remodeling in the Twin Cities and recently relocated the Woodbury store to Oakdale. They are trying to bring the quality of the projects to local areas like Maplewood and would like to get the buildings closer to the Best Buy prototype. The original Best Buy Maplewood store was built around 30,000 square feet in size and then 9,000 square feet was added onto the building. The issue with the current Best Buy building is they love the location but are having a hard time operating in that building due to the parking situation. Most of the parking is down at the existing Frank's Nursery location and not in front of their store like they would like it to be to allow the rest of the site to function better. Mr. Palmquist said once they move out of the current Best Buy building they are looking at subleasing the current Best Buy building. Best Buy may use this building for another business venture, but that hasn't been determined yet. They are spending a large sum of money to accomplish the proposed building. They are only adding 7,000 additional square feet to the overall size but are spending over $2 million dollars. So they see this as a very important piece of their business to make it successful. They have an option in their lease for the Pannekoeken Restaurant parking space if Best Buy runs into a problem with a lack of parking Best Buy can increase the size of the parking ratio. Before tonight's meeting Paul Anderson with WCL Associates was at the existing Best Buy site and measured the parking stalls. The stalls that are on the existing site from Pannekoeken to the existing Best Buy location are 9 feet wide and he believes that is where the grandfathering -in of the parking stall size comes into play. If the parking stalls are currently at 9 feet wide does it make sense to have the other side of the parking lot at 10 feet wide? He guessed that was a question for the planning commission to determine. As far as the setback goes, they may have a solution. On the north side of the proposed building is an appendage that holds the trash compactor and the truck docks if they take the trash compactor and flip it to the north side of the truck docks, that trash compactor can be on the outside of the building, that way they would have shortened the length of the building by 12 feet and they could shift the whole building to the north and avoid the whole setback issue entirely. He is not sure if the trash compactor equipment is allowed in the setback and maybe staff would have to comment on that. But it's an option as far as Best Buy is concerned. Commissioner Yarwood asked if Best Buy had any calculations as to the size of parking they require for a building this size? Planning Commission -5- Minutes of 08 -01 -05 Mr. Palmquist said for a building of this size Best Buy likes to have 5 cars per 1,000 square feet of space. If they were on a stand alone site, meaning a building without cross access to any other parking, they require 6 cars per 1,000 square feet. He realizes the current Best Buy site is at 4.7 cars per 1,000 square feet of space. They realize they have a relatively high parking need higher than smaller retailers. Increasing the parking stall size and reducing the parking count is going to be a hardship for Best Buy and they would have difficulty with the customers and /orwith the neighboring businesses if the parking were to overflow. Commissioner Trippler asked if the 522 parking spaces were for the whole parking lot? Mr. Palmquist said correct. Commissioner Trippler asked why Best Buy couldn't locate their building next to the current Frank's Nursery location as opposed to where it is shown next to the Slumberland parking lot? Mr. Palmquist said if they located their building next to Frank's Nursery they would end up with the same parking configuration problem that they currently have. Customers wouldn't be parked in front of the building but would be spread out along the side which isn't convenient to the entrance to the store. Mr. Roberts displayed on the screen what Mr. Palmquist meant by his parking configuration and where the customers would be parked. Commissioner Trippler asked if they thought about putting more doors on the building so customers would not have to walk so far? Mr. Palmquist said if Best Buy added more doors on the building besides the front door they would have higher heating costs, would have to add more staff to stand guard at the doors and it would be a higher security issue for the store. Commissioner Trippler asked if Best Buy has any other building designs in the Twin Cities that were designed by an architect with more imagination other than the plan that was submitted to the city? In Commissioner Trippler's eyes this building is just a box. Mr. Palmquist said they do a lot of projects all over the country and are required to do many things. The Maplewood ordinances don't require Best Buy to do anything special other than using certain building materials. Best Buy is already spending over $2 million dollars on this project and this is the Best Buy prototype and actually they upgraded this building from the "standard" prototype. They can get really creative when they "need to" but Best Buy didn't understand they were required to do that in Maplewood. Commissioner Trippler said he thinks they need to get creative. He asked for an estimate of how many customers they anticipate on a per hour basis for a store of this size? Mr. Palmquist said he has never been asked that question before and he doesn't know the answer. Planning Commission -6- Minutes of 08 -01 -05 Commissioner Trippler said the reason he asked that question is he is trying to estimate how many cars would be entering the site on an hourly basis. He did a rough calculation and came up with 10 to 12 customers per hour and he has shopped at the current location and knows they have more than 10 to 12 customers per hour, especially during the holidays they have more than 10 customers in 10 minutes. He doesn't think this parking design or traffic flow will work in this location and he thinks the building should be redesigned, relocated, the parking spaces should be widened and the traffic flow be reconfigured. He asked if the Best Buy building could be positioned next to Frank's Nursery and work for Best Buy? Mr. Palmquist said in order for the building to fit and still have the entrance drive theywould have to acquire Pannekoeken now rather than when their lease expires, which would be an additional expense to the project. Commissioner Grover said he is also concerned about the driveway entrance and exit and a possible alternative as opposed to driving past the building is there could be some traffic mediating devices and you could direct traffic to curve to the right and eliminate the first row of parking on the right hand side of the parking lot so the traffic spills out to the Pannekoeken area. You add more space for the traffic flow anticipating traffic jams either entering or exiting the building. You would eliminate drivers speeding past the building entering or exiting the area which would cause possible pedestrian mishaps. He agrees with the commissioners and he would be in favor of having larger parking stalls and less parking spaces and allow for easier entry and exiting from the site. Mr. Palmquist said they worked with staff regarding the driveway entrance and at various times they tried to angle the drive. The direction they received by staff was to keep the driveway alignment straight and this is the result from the conversation. Commissioner Grover asked what the reasoning was for keeping the drive straight into the site? Mr. Roberts said engineering wants the drive straight because of the traffic signal. He is having a difficult time trying to imagine curving the site and directing the traffic down one lane because you would lose so many parking spaces and waste land. Commissioner Grover said at the existing Best Buy location the drive in front of the store is usually full of cars parked waiting to pick up their purchases. He thinks this is a dangerous situation and can imagine the same problems with the future store as well. He can see five or more cars stacked up waiting for the stop light to change. Commissioner Desai said on site plan 4 he sees near the entrance an area that is cross hatched and he asked if that is designated as a pedestrian area? Mr. Palmquist said that cross hatched area is designated as handicapped parking. Commissioner Desai asked if that area is in front of the entrance to the building? Mr. Palmquist said yes. Commissioner Desai said there would be a no loading zone there then. Planning Commission -7- Minutes of 08 -01 -05 Mr. Palmquist said there isn't a loading zone anywhere in front of the existing building or the proposed building. Best Buy has staff to help bring merchandise out to the customer's cars. Commissioner Desai said he has seen cars pulled up at the entrance and employees will walk the merchandise to the people waiting in front of their car but not out to their parked cars in the parking lot. If it's not a loading zone Best Buy is violating the intent of the whole process here. Mr. Palmquist said the solution may be to create a loading stall at the north end of the sidewalk area. Commissioner Desai said he estimates cars stacked in front of the entrance to pick up merchandise. Then drivers will get frustrated and drive around the parked cars and drive out towards the Pannekoeken area of the parking lot. Mr. Palmquist said traffic engineers talk about traffic as moving kind of like water, it follows the path of least resistance. If there is congestion there is another way out, and people will drive the fastest way out of the area. Commissioner Desai said that defeats the purpose of what the traffic engineers designed here. Mr. Palmquist said he isn't sure it defeats the purpose. The traffic engineers realize there is another way out of the area. If this were the only entrance and exit on the entire site engineers would think that would be inadequate, but there is another means of escape from the parking lot at the other end of the site. Mr. Roberts said he and Erin Laberee were looking at the parking lot plan and staff thinks it might be possible to have a right in and right out entrance somewhere near the front of the Pannekoeken Restaurant to help with some of the options. They want to make sure its okaywith the city engineer before that gets put on the record. Staff would clarify this before this goes to the CDRB meeting on Tuesday, August 9, 2005. Commissioner Trippler asked if the parking lot elevation would stay as it is? He is concerned someone's car would scrape on the asphalt or bottom out because of the change in asphalt elevation. Mr. Paul Anderson, AIA, WCL Associates, 1433 Utica Avenue South, Suite 162, Minneapolis, addressed the commission. Mr. Anderson said the parking lot elevation would stay close to what it is. There is an area on the far side by Slumberland that has a dip in the asphalt for drainage that would be abandoned and leveled off. Commissioner Dierich asked how large the existing Frank's Nursery space is? Mr. Roberts said the existing Frank's Nursery site is 43,203 square feet which includes the outdoor storage. Commissioner Dierich said it appeared to her that the existing parking spaces at Frank's Nursery were 10 feet wide. Planning Commission -8- Minutes of 08 -01 -05 Commissioner Trippler said he measured the parking spaces and they measured 10 feet wide in front of Frank's Nursery. The parking stalls along County Road D on the median were 9 feet wide. Commissioner Dierich said she counted the existing parking spaces on the west side of Frank's Nursery which came to 192 stalls and those stalls are 10 feet wide. Then there are another 120 parking stalls along County Road D. She fails to see why Best Buy can't make this an L- shaped building or push the building back. They would only lose 4 parking stalls if they made the parking stalls 10 feet wide. She doesn't see why Best Buy can't make this building look like it belongs with the rest of the strip mall, accomplish the setback, have the 10 foot wide parking spaces and have the entrance to the store in the center of two large parking areas. Mr. Palmquist said Best Buy would never have an L- shaped building. Commissioner Dierich said that's good information to have. In her opinion Best Buy is asking to build a building that is probably too large for the space, because Best Buy can't meet the setback and they can't meet the parking lot parameters the city has. Mr. Palmquist said he mentioned earlier how Best Buy could meet the setback by moving the trash compactor on the other side of the truck docks. Commissioner Dierich said staff hasn't said if that's acceptable in the city or if you can put equipment in a setback area. Mr. Roberts said he hasn't responded to that issue yet. Commissioner Dierich said if Best Buy isn't willing to change that's fine, but she is having a hard time granting a variance for a building that is not meeting the design needs of the city, doesn't meet the traffic needs of the city, doesn't meet the parking lot needs of the city, and Best Buy is a great neighbor and she doesn't understand why they can't be more flexible with this because the planning commission is trying to be flexible about this proposal. Maplewood doesn't have a police force large enough to deal with people banging vehicle doors into other vehicle doors, or to deal with pedestrians being hit on the way to or from the Best Buy store, and there needs to be flexibility and creativity on both ends. Mr. Palmquist said Best Buy has gone around and around with the plans and they have ended up with a plan that is a prototype for Best Buy and thought they had a plan the city would be agreeable with. Best Buy didn't hear about the lack of support from the city staff for a building setback until last Thursday. Commissioner Dierich said she thinks this plan suits the needs of Best Buy and not the needs of the city in this location. She believes Best Buy should go back and take another look at the plan and bring it back to be reviewed. Maplewood wants Best Buy to stay here but it needs to meet the needs of the city as well and not just the needs of the prototype of Best Buy. Planning Commission -9- Minutes of 08 -01 -05 Commissioner Grover said on the agenda tonight there are two issues to review. A building setback variance, which staff has recommended the commission deny. The applicant proposes to shift the building to the north and move the trash compactor separate from the building. He asked what the city code says about having mechanical equipment in the setback? Mr. Roberts said he would have to check further into that to see if that meets the intent of the code. Commissioner Grover said regarding the parking count variance, he asked if currently there is a variance that allows nine foot wide parking spaces? Mr. Roberts said he didn't think so but he would have to do some research into that but he isn't sure how Best Buy was allowed to have nine foot wide parking spaces. Chairperson Fischer said the city didn't always have a ten foot wide parking space requirement. At the time the Maplewood Mall was built the parking spaces were nine feet wide. It all depends on the time the development came in. There are instances of nine foot wide parking stalls that were grandfathered in. Commissioner Trippler said he spoke with Ms. Finwall today and she said it was her recollection that the current building had been revised several years ago and at the time of reconstruction Best Buy had asked if they could go from ten foot wide parking stalls to nine foot wide parking stalls. Mr. Roberts said Best Buy added on to the building about 6 or more years ago and that may be when that came into play. But that is something staff would clarify before this goes to the city council. Chairperson Fischer asked if anybody in the audience wanted to speak regarding this proposal? Nobody came forward. Chairperson Fischer asked staff if the city code requires commercial property to have a certain width for parking stalls? Mr. Roberts said the city code requires high turnover commercial uses to have ten foot wide parking spaces, office buildings can have 9' /z foot wide parking stalls, and employee parking is allowed to have 9 foot wide parking stalls if there are signs posted that say employee parking only. Best Buy would be considered a high turnover commercial use. Commissioner Dierich said there are two issues here. One question is what constitutes the grandfathering in of the parking stall width? The code says 10 feet wide and Best Buy has said they need 5 parking spaces per 1,000 square feet of retail space so this new parking lot doesn't even meet what they said they need. She would say the planning commission would deny both requests for the building setback variance and the parking count variance and have Best Buy work a little harder on a better plan and bring it back to the planning commission to review again that works for both Best Buy and the City of Maplewood. The planning commission gave plenty of feedback to Best Buy to come back with something better. Planning Commission -10- Minutes of 08 -01 -05 Commissioner Dierich moved to Deny Best Buy's request for a 5 -foot building setback variance which would allow Best Buy to construct their new store at 1845 County Road D with a 25 -foot setback to the County Road D right -of -way. The city bases this denial on the following reasons: a. There is no hardship to warrant the variance. b. The reduction of five feet from the length of the building would reduce the overall size of the building minimally, any reduce the need for the variance. c. The new Best Buy building will be adjacent to buildings with increased setbacks from the road including Slumberland and the existing Town Center shopping center which maintains an 80- foot and a 108 -foot setback to County Road D, respectively. Commissioner Grover seconded. Ayes — Desai, Dierich, Fischer, Grover, Pearson, Trippler, Yarwood The motion passed. Commissioner Pearson asked if this could be tabled so the planning commission could wait to hear from the CDRB at their next meeting Tuesday, August 9, 2005? Mr. Roberts said the city would run into the 60 day rule. Best Buy has gotten a lot of direction from the planning commission and can bring changes to the CDRB meeting and let this proposal continue onto the CDRB on August 9, and onto the city council as scheduled for August 22, 2005. Commissioner Dierich moved to adopt Deny the parking count reduction variance resolution (Attachment 14 in the staff report). This resolutio a, pa r! • ^^ ^ for th-e approves Town Center shopping center located at 1 A-45 Co unty Road D in conjunction with the ronstri irtion of o n. Best R store on +h^ property This s hRc;pd on the following f•ndi .. (changes to the motion are underlined and deletions are stricken.) a. The redevelopment of the Best Buy building will improve the existing parking ratio from 4.48 to 4.72 parking spaces per 1,000 square feet of retail space it still does not meet the spirit and intent of the code as the applicant has failed to show hardship other than financial. There is no formal agreement for proof of parking with the other businesses in the area so they cannot assume that is going to be a given. .—Ole opportunity • +„ for shared n,rl nn times the day. throughout the shopping center with various uses operating at varying of ■ ■ ... Planning Commission -11- Minutes of 08 -01 -05 Commissioner Trippler seconded. Ayes — Desai, Dierich, Fischer, Pearson, Trippler, Yarwood Nay - Grover The motion passed. Planning commissioners decided they would be more comfortable having 10 foot wide parking spaces verses the additional parking spaces. Commissioner Grover said he really wanted to abstain from voting because he felt the planning commission didn't have enough information about past parking lot variances that may have happened 6 years ago and he still has concerns about the entry to the site regarding the drive aisle and traffic flow and the area for pedestrians to walk. He is confident that because of the input given to the applicant tonight changes will be made. This item goes to the city council on August 22, 2005. ■ ■ Commissioner Trippler seconded. Ayes — Desai, Dierich, Fischer, Pearson, Trippler, Yarwood Nay - Grover The motion passed. Planning commissioners decided they would be more comfortable having 10 foot wide parking spaces verses the additional parking spaces. Commissioner Grover said he really wanted to abstain from voting because he felt the planning commission didn't have enough information about past parking lot variances that may have happened 6 years ago and he still has concerns about the entry to the site regarding the drive aisle and traffic flow and the area for pedestrians to walk. He is confident that because of the input given to the applicant tonight changes will be made. This item goes to the city council on August 22, 2005. Attachment 15 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 9, 2005 VI. DESIGN REVIEW a. Best Buy — 1765 County Road D Ms. Finwall said Mr. Tim Palmquist, representing Best Buy, is proposing to construct a new 45,243 square foot store at 1845 County Road D (Town Center shopping center). The proposal includes the demolition of the existing Frank's Nursery store within the center and relocation of Best Buy's current store into the new building. The planning commission recommended denial of the building setback and parking count reduction at the July 27, 2005, meeting. City code requires five parking spaces per 1,000 square feet of retail space. There are currently 487 parking spaces located on the property, for an overall parking ratio of 4.48 parking spaces per 1,000 square feet of retail space. With the redevelopment of the site city code would require 553 parking spaces. After completion, Best Buy and the property owner proposes to have a total of 522 parking spaces, for an overall parking ratio of 4.72 parking spaces per 1,000 square feet of retail space. Therefore, a parking reduction authorization of 31 parking spaces is required. The planning commission, however, recommended denial of this reduction stating that they would be more supportive if the portion of the expanded parking lot had parking spaces which met the current city code required width of ten feet, rather than the nonconforming existing width of nine feet. This rationale, of course would reduce the parking count reduction further. Ms. Finwall said the building elevations for Best Buy must be revised and resubmitted to the CDRB for approval. The revised elevations should reflect additional design features to help break up the large expanse of the walls. Staff would like to add a condition for the elevations of the west wall for the remaining Town Center shopping center. Once the Frank's Nursery building is removed staff wants to ensure the finished wall is compatible with the existing Town Center shopping center and that wall elevation should be submitted for approval by the CDRB. Board member Olson asked staff if there were any proposals for the existing Best Buy space once the building is vacated? Ms. Finwall said the applicants have stated that the property managers would attempt to lease the building to a large retailer or possibly subdividing the space to smaller retailers. Chairperson Longrie asked if there was the potential to plant additional trees along County Road D? Ms. Finwall said because of the requirement for the sidewalk staff doesn't know if the existing trees will be affected. City staff is recommending the applicant show the sidewalk in relation to the existing trees and if any of those trees are removed staff would like to ensure they maintain a row of trees at least 30 feet on center the entire length of the property. Community Design Review Board 2 Minutes 8 -09 -2005 Board member Hinzman asked if the proposed landscaping conditions were consistent with some of the other new construction in the area such as for Ashley Furniture and The Myth night club? Ms. Finwall said staff's proposed landscaping conditions were not based on Ashley Furniture's landscaping. She didn't review that proposal but she is aware they have extensive landscaping. Board member Hinzman asked if those landscaping standards were based on the overall development of Best Buy and the Town Center? Ms. Finwall said that's a fair analysis. Board member Ledvina asked staff if they had any examples of other Best Buy buildings that were built in the metropolitan area that might give the CDRB some guidance in terms of various building designs? Ms. Finwall said the City of Eden Prairie recently approved a Best Buy store in their city and they e- mailed her the plans for her review. Staff spoke with the architect regarding the design of the Eden Prairie building and the special conditions under which that building was built. Chairperson Longrie asked the applicant to address the board. Mr. Tim Palmquist, Project Development Manager for Best Buy, 7601 Penn Avenue South, Richfield, addressed the board. He said they have been working on this project for quite some time and they are excited to be bringing this proposal to the City of Maplewood. The Eden Prairie Best Buy building was a project that he had worked on since he started working for Best Buy 10 years ago. Best Buy projects are worked on ahead of time and some people would never know the work that is put into projects and the time it takes to put a project together. He brought building elevation changes to show the board which were handed out and displayed on the monitor for review. One change was with the building, they moved the building back five feet to meet the 30 foot building setback. The size of the building was reduced and they flipped the truck docks so they are located closer to the building and the trash compactor is moved farther away from the building. This also moved the entryway farther away from the drive aisle entrance which allows for safer pedestrian movement across the parking area. They also added a median that separates the inbound and outbound lanes which will allow for stacking of 15 to 20 cars. They added a parking stall at the north end of the drive for merchandise pickup so that wouldn't conflict with the front door area. When the lease is up for the Pannekoeken Restaurant, Best Buy has the option to use that space if they need more parking. Mr. Palmquist said the light poles are shown at 40 feet in height but they can lower the light pole height, they just want a light pole that provides enough light for safety to their customers. He said they have no problem with the landscaping conditions. Mr. Palmquist said they were surprised at the staff report stating Best Buy needed to bring revised building elevations back for review with additional building design elements. Best Buy thought they had presented an acceptable building design and did not know there were requirements they had to meet. They felt the proposed building was compatible with the buildings in the area. Community Design Review Board 3 Minutes 8 -09 -2005 Mr. Palmquist said they did bring some other building elevations for the board to review but they aren't as elaborate as the Best Buy Eden Prairie building elevations. Eden Prairie is a separate site and has a lot of history to it. Eden Prairie has a requirement in its code that Best Buy knew about ahead of time and could plan for which was 60% of the building must be glass and brick and that all sides of the building act as a front elevation due to the location of the building. For these reasons you see considerable building details on all sides of the building which was a real challenge for Best Buy. Because this is a small site the parking is under the building which makes this a tall building. There is also a considerable change in grade here. This building required an extensive screening process so the truck dock and trash compactor had to be completely enclosed including a roof over those facilities. When Best Buy plans to build a store in a particular city, they take into account what the ordinances and requirements are, what the building would be adjacent to, and what the other retail areas in the city are doing in terms of building materials and signage. It seems a little extreme to expect Best Buy to build a building such as the Best Buy building in Eden Prairie. Especially after seeing the new and existing buildings that have been built in this particular area of Maplewood. This would create a monetary hardship for Best Buy as well. Mr. Paul Anderson, AIA, WCL Architects, 1433 Utica Avenue South, Suite 162, Minneapolis, addressed the board. He displayed the original Best Buy proposal and then handed out the different combinations of building products proposed for the elevations and displayed them on the monitor as well. They reviewed the differences in the plans with the board members. He said a lot of the materials listed are what they see in this existing neighborhood. The Slumberland building is a painted concrete block; the Circuit City building is a painted rock face block, the Ashley Furniture building being the newest store in the neighborhood has brick up the store front, a glass door and entry, white stucco and a blue awning across the top. The Myth night club building appears to be metal panels. The existing Best Buy building is painted concrete block so it seems to be the prevalent building material driving down County Road D. Chairperson Longrie asked what the life expectancy for the fabric canopy they propose to use will be? Mr. Palmquist said he was involved in a Best Buy project in Chicago where they used a fabric awning and he believed the life expectancy was about 10 to 15 years. Chairperson Longrie asked if there was an operation agreement with regard to design elements that are allowed at this particular shopping center? Mr. Palmquist said they have been working with the landlord, Timco and there are no operation agreements that they have encountered. There are cross access agreements between all the shops and the shopping center is owned by one owner. Chairperson Longrie asked when the lease for the Pannekoeken Restaurant is going to expire? Mr. Palmquist said the lease is still good for several more years. Chairperson Longrie asked how many parking spaces per square feet does Best Buy require? Community Design Review Board 4 Minutes 8 -09 -2005 Mr. Palmquist said Best Buy requires 5 parking spaces per 1,000 square feet. If they were on a stand alone site they would require 6 parking spaces per 1,000 square feet. At peak periods the parking lot may be full and they could use the Town Center shopping center parking if necessary. Board member Hinzman asked if they considered using quick brick in place of some of the CMU units? Mr. Palmquist said he's not been satisfied with that look and would prefer to use real brick. He said he doesn't have much experience using quick brick. Board member Olson asked if the windows were functional or decorative? Mr. Palmquist said he believed the windows would be blank spandrel glass but they have done windows with seasonal graphics in them which changes the look. Any glass on the building is a large security issue for Best Buy or any other electronics retailer. People try to break into the store and can make away with electronics very quickly. The glass they do have is secured with roll down interior grills for security. The other problem is the inside of the store has racks up against the walls and it doesn't look good from the outside looking at racks through the glass. Chairperson Longrie asked if there would be mechanical units on the roof of the building? Mr. Palmquist said there are mechanical units on the rooftop of this building. They designed the building so it has a four foot parapet wall to screen the rooftop units. Chairperson Longrie asked if Best Buy had any problems or issues with the landscaping recommendations made by staff? Mr. Palmquist said they have no problems with the staff recommendations. Board member Olson asked about the screening fence on the roof of the second elevation that was presented to the board tonight? Mr. Palmquist said it is more of a decorative element on the building. Chairperson Longrie asked what color that decorative fence would be? Mr. Anderson said they think the fence would be black. Board member Olson said on the rear elevation they show some white linear objects and she asked if they were roof drains? Mr. Anderson said they are roof drains. Board member Olson asked if the roof drains were enclosed in the columns? Community Design Review Board 5 Minutes 8 -09 -2005 Mr. Palmquist said they have a roof that slopes one direction and the drains are on the outside of the columns on the Westside of the building only. Board members asked why that wasn't shown on the original plan? Mr. Anderson said that was an oversight on their part. Once the building is finalized they try to update the rendering so it's as true to form as possible and that is where the roof drains come in but some of the doors probably shifted a bit and got further apart. The plan the board is looking at is probably as accurate as they can make it. Chairperson Longrie said with the Pannekoeken Restaurant being the next largest business next to this proposed location, and a restaurant has a higher parking need, is Best Buy concerned their customers will be competing with the Pannekoeken Restaurant customers for some of the shared parking spaces? Mr. Palmquist said because of the type of restaurant that Pannekoeken is the peak time is in the morning and afternoon and Best Buy's peak business time is late afternoon and evening hours of business. Board member Ledvina asked staff what their reaction is to the new building elevations. If Ms. Finwall doesn't care to answer that question that is fine too but the board would appreciate the feedback. Ms. Finwall said she noticed there is additional building design elements called out on just the corners, other than that there are no extreme changes to the building designs and staff finds that highly inadequate. It may be unfair to compare this building to what was built in Eden Prairie but she finds the rational that the Eden Prairie building has the elaborate design detail is because it is in a visible location is unfair because this is a highly visible location as well. It is in the city's newest and highest density areas for Legacy Village and this should be a nicely designed building with different design elements to it. The Eden Prairie building has many breaks in the building elevations with things like cornices and jogs in the building elevations. So much more could be done to the Maplewood building design. The city should strive for something better than what has been proposed by the applicant. Board member Ledvina said in his opinion he thinks the modified design that was presented to the board tonight is a step backwards. There is something wrong with the look of this building. He doesn't like the window awning combinations, the clustering of the windows in terms of how they are spaced, the scale of the building, the fence on the roof of the building is totally inadequate and he doesn't care for the white stripe around the building. The previous design had a matching stripe and was better coordinated, the white drain liters should match or blend into the building as opposed to standing out and should not be focused on as a design element. He agrees with staff that there is a lot of work to do on this building. Board member Olson said she echoes the comments made by board member Ledvina. She feels like Best Buy is designing to the lowest common denominator in the surrounding area. To mimic the building that T -Birds bar and restaurant is located in isn't appropriate considering the amount of construction and development that is going on in this area. Best Buy needs to look forward and not backward. Community Design Review Board 6 Minutes 8 -09 -2005 Board member Olson doesn't like the fake windows or any of the elevations and she expected quality architecture from a company like this. Personally she would like to see something more modern and high tech. Chairperson Longrie said she agrees with some of what has been said but she also respectfully disagrees with some of the comments as well. She likes option C the best because it seems more symmetrical. One of the reasons she doesn't like the first option was because there wasn't enough much of a difference in texture, color, or building materials. The drain liters shouldn't be white or stand out, they should blend into the building. The white stripe doesn't fit in with the look of the building. The style of the Best Buy sign doesn't blend in with the style of the building. Maybe they could add more of the blue color that is on the Best Buy sign into the design of the building somewhere. Board member Hinzman said the Best Buy building designs aren't the worst plans he has ever seen. He thinks the left elevation of the building is the most crucial to him. In the future County Road D is going to have more pedestrian traffic with the Legacy Village development and he feels the building elevations need to be brought down more to the pedestrian level. He likes the colors of the original building plan better than what was presented tonight. He doesn't like the white stripe on the building and suggested adding some additional design elements and building materials to the building design to improve the appearance. Board member Olson said she agrees with staff's comments and recommendations in the staff report. She too wants to see planting beds along County Road D, she wants to see the sidewalk installed and she agrees with Board member Hinzman regarding the left building elevation and bringing the level of the building materials down so it's more pedestrian friendly. Mr. Palmquist asked for clarification. He said they are confused regarding what the City of Maplewood wants built here. The staff report calls for a certain percentage of materials which isn't in the code anywhere. He asked are they to take that at face value and adhere to that requirement? Are they to look at what was recently built in this location with Ashley Furniture and the Myth night club? Ashley Furniture's level of pedestrian friendliness includes no windows and a few awnings. There doesn't seem to be a consistent theme in this area. There is the furniture store, the night club and a new residential neighborhood called Legacy Village which he hasn't seen yet. Comments have been made to have a more modern building, use warmer colors and add more building design elements. They are confused about what direction they are supposed to go to satisfy the requests of staff and the board and still fit into the community. Board member Hinzman said his opinion is to improve the left elevation on County Road D to break that down to a smaller scale because of its close proximity to the roadway and to the visibility to that roadway. The other elevations of the building are not as critical as this but he would like to see more changes down at the pedestrian level. Board member Hinzman said maybe they could add some variation in the piers as far as the elements along the roof go. Try to break the big box up so it looks less like it is stuck on piers. He understands the quandary the applicant is in, that area of Maplewood has older existing buildings and new buildings that have recently been built and there doesn't seem to be any Community Design Review Board 7 Minutes 8 -09 -2005 consistency between them. As a board member, he would like to see something similar to the new buildings that were built in the east metro area and the new shopping centers. Board member Hinzman said those buildings and shops have varied architectural design elements and other various building materials used in the building of those stores that make them architecturally pleasing. Board member Ledvina said the staff report highlights the difficulty with this site in that you have 230 feet of building along County Road D and the building is 28 feet tall. There are other options that Best Buy can do to break up the expanse of the building in a more geometric way as opposed to looking across a 230 foot wall. Look at the example of the Eden Prairie Best Buy store. It's a large structure with various breaks in the building fagade in that the Eden Prairie building doesn't have a long expansive wall; it has several breaks in the building fagade and has a lot of architectural and visual interest. Ms. Finwall said the struggle with many applicants that come before the CDRB is that the City of Maplewood doesn't have set design standards that state you must use a certain percentage of building materials, however, the city has the CDRB, which many communities don't have and while it may be subjective, the city has five appointed individuals who serve the city to ensure quality development is built in Maplewood. She feels it's unfair to look at the existing buildings in the area. This is an older community and there are many older big box retailers built ten to fifteen years ago when perhaps Maplewood wasn't looking towards the high quality building design that the city is seeing now. The city is seeing a lot of redevelopment so it's unfair to compare the older big box buildings that were approved years ago to what the city wants to see built now. The City of Maplewood is trying to better the community. City staff feels just because Eden Prairie has written language that states you have to have 60% brick and glass on a building and other standards that is unfair to come to Maplewood and propose a concrete masonry building. The city would like to see the expanse of the building broken up to ensure it's not just a large wall. In Oakdale Best Buy recently built a new store which is all brick. Another example of a new big box retailer is the new Wal -Mart store in Woodbury where they did a nice job breaking up the expanse of a huge building. She recommends getting away from the very linear aspect of the building design. Mr. Palmquist said he hates to pick on Ashley Furniture but it seems like that's the most recent project and he assumed the CDRB had a hand in approving that project. He believed the brick on that building goes up to around 8 feet and the building has brick and stucco on it. On the county road elevation it is broken up by four piers. That building doesn't seem to have much architectural interest or building materials used on the building so for those reasons it almost feels like there may be some backlash to what was done with that building and therefore Best Buy has to pay the price. Board member Olson said the board is struggling with how they would like this building to look. She isn't an architect and she isn't going to tell Best Buy how to design this building and she doesn't feel that's her responsibility. The board doesn't get to select the businesses that are coming into the neighborhood and the CDRB has to work with a footprint of the building and the board is fairly limited to what they can ask the developer to do, especially when it is a prototype that is built the same across the country. To deal with the old Slumberland building, a new Ashley Furniture building, the new Myth night club that isn't complete yet, the deteriorating Frank's Nursery building and the other residential buildings in the area has been Community Design Review Board 8 Minutes 8 -09 -2005 a real challenge. Trying to bring any kind of cohesiveness to the area is extremely challenging and the board is limited to what they can do. Board member Olson said the city doesn't have strict guidelines set yet. The city would like to see something more upscale and a better quality product out of Best Buy that reflects some architectural thought and design. Because the board members are not architects they cannot tell you to use certain building materials and design the building so it looks a certain way. You need some professional resources to call upon to come up with some better solutions to the challenges that are being presented by the board. Mr. Palmquist said the team that put this presentation together is the same team that did the Eden Prairie Best Buy store. Board member Olson said personally the Eden Prairie Best Buy store is too much "wedding cake" for the City of Maplewood and you could comfortably scale the plan back for Maplewood but what has been presented tonight is unacceptable to the board. Board member Ledvina moved to approve the plans date - stamped June 15, 2005, and the site plan submitted during the August 9, 2005, CDRB meeting showing the widened drive aisle and curved sidewalk for the Best Buy store to be located within the Town Center shopping center at 1845 County Road D. Approval is subject to the following conditions: (changes to the motion are underlined and deletions are stricken.) Repeat this review in two years if the city has not issued a building permit for this project. 2. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval for the following items: a. Revised engineering and grading plans. These plans shall comply with all requirements as specified in the city engineering report dated August 4, 2005, which requires, among other items, 12 -foot wide pedestrian and utility easement along County Road D, and a letter of credit authorizing and /or levies the final assessment and financing plan for a traffic signal improvement at the intersection of Southlawn Avenue and County Road D. b. Revised site plan showing the following: 1) A 6- foot -wide concrete sidewalk along County Road D as determined by the engineering department. 2) The building maintaining a 30 -foot setback from both right -of -ways (County Road D and Interstate 694). 3) The Southlawn Avenue entrance widened to 40 feet to allow for two exit lanes and one entrance lane. 4) The landscape islands should be revised to reflect a consistent 10 -foot- width. Community Design Review Board 9 Minutes 8 -09 -2005 C. Revised landscape plan showing the following: 1) Arborvitaes located in front of the wing wall should be at least 6 feet in height at planting. 2) Several landscape planting beds located on the south side of the building, along County Road D. The beds should include low maintenance shrubs and perennials planted within rock mulch. 3) The location of the 6- foot -wide sidewalk along County Road D and any trees which will be preserved with the construction of the sidewalk. The plan must reflect a row of deciduous trees (either existing or new trees) along the entire south side of the property along County Road D. The trees must be at least 30 feet on center and all new trees must be at least 2' /z caliper inches in size. 4) All existing landscaping on the entire Town Center property to ensure all previously required landscape is still living. 5) An underground irrigation plan to ensure all landscaping on the site is watered as required by city code. d. Revised lighting and photometrics plan which ensures all freestanding lights maintain a height of 25 feet or less, shows all proposed building mounted lights, and ensure the light illumination at all property lines does not exceed .4 foot candles. e. Obtain a permit from Minnesota Department of Transportation for any use of or work within or affecting the Interstate 694 right -of -way. f. Watershed district approval. q. Elevations of the west wall of the remaining Town Center shopping center (after demolition of the Frank's Nursery Center) to ensure the finished wall is compatible to the existing building h. g. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work and will be used by the city in the event the required exterior improvements are not complete. 3. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. Community Design Review Board 10 Minutes 8 -09 -2005 C. Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install the required sidewalk along County Road D. 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 above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Building elevations are not included in this design review. Revised building elevations must be submitted to the community design review board for approval. The revised elevations should reflect additional design features to help break up the large expanse of the walls. 7. Signs are not included in this design review. Prior to issuance of sign permits for the new Best Buy store the applicants must submit all proposed signs to the community design review board for an amendment to the Town Center shopping center's comprehensive sign plan. 8. The applicant and the engineering staff shall review the possibility of establishing a third curb cut as a right in and right out only onto County Road D. Board member Olson seconded. Ayes — Hinzman, Ledvina, Longrie, Olson The motion passed. Board member Olson said she is comfortable with the parking space reduction on this site. Chairperson Longrie agreed and she likes the sidewalk in front of the store where it bows out because it's more welcoming for people coming to the store. She likes the additional landscaping. She understands the applicant's concern that it is difficult to design a building without building standards. Ms. Finwall said this item goes to the city council Monday, August 22, 2005, and if the applicant is prepared they could bring the building elevation changes to the CDRB meeting Tuesday, August 23, 2005.