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HomeMy WebLinkAbout2005 09-12 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 12, 2005 Council Chambers, City Hall Meeting No. 05 -18 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] 0LUI10 1 *1 Minutes from the City Council Manager /Workshop- August 22, 2005 Minutes from the City Council Meeting- August 22, 2005 � 9» :I S I T I 1 S 6] 2 i W 14 0 1711 F. APPOINTMENTS /PRESENTATIONS Financial Planning Week Dollar Wife Week County Correction Facility Update -No Report 1: 90] 0 1 M40 1 111&W4 0 1 1111 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. Conditional Use Permit Review — Countryside Motors (1180 Highway 36 East) 3. Conditional Use Permit Review — Launderville Commercial Vehicles (2194 Van Dyke Street) 4. Annual Maplewood Historical Society Payment 5. Revisions to Landfall Fire Agreement 6. Approval of Cisco Equipment Purchase for Storage Area Network 7. Consider Approval of Temporary Contract for Food Inspection Services 8. Approval of Resolution for DNR Conservation Partners Grant Program Award 9. Approval of Fall Clean -Up Event Scheduled for October 15, 2005 10. Consider Approval of Joint Powers Agreement with City of Oakdale for Joint Sewage System 11. Consider Approval of Grading Costs at Larpenteur and Adolphus 12. Consider Approval of Joint Powers Agreement with City of St. Paul for Joint Sewage System H. PUBLIC HEARINGS AWARD OF BIDS UNFINISHED BUSINESS 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 Consolidated Dispatch Financing Options - Report to be distributed at Council Meeting K. NEW BUSINESS 1. Intoxicating Liquor License— Huey's Saloon— Donald Huot 2. Set Public Hearing Dates on Proposed 2006 Budget and Property Tax Levy 3. Preliminary Approval of Proposed Tax Levy Payable in 2006 4. County Road D Realignment — City Project 02 -07 — Consider Resolution Approving Memorandum of Agreement with State of Minnesota Historical Preservation Organization for Railroad Right of Way 5. Ordinance Amendment — Fee Waivers (First Reading) L. VISITOR PRESENTATIONS ILVi 1 IN 111111111:2N *11a0111 rT111II 01&1 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 COUNCIL /MANAGER WORKSHOP Monday, August 22, 2005 Council Chambers, City Hall 6:05 p.m. A. CALL TO ORDER B. ROLL CALL C Lo E. F Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as submitted. Seconded by Councilmember Monahan Junek Ayes -All NEW BUSINESS 1. PSAP Consolidation Agenda Item D1 Council presented questions to the following representatives from Ramsey County for the consideration of PSAP: Ramsey County Manager David Twa Commissioner Victoria Reinhardt Commissioner Jim McDonough Radio Systems Manager Scott Williams FUTURE TOPICS ADJOURNMENT The meeting was adjourned by Mayor Cardinal at 7:07 p.m. City Council /Manager Workshop 08 -22 -05 DRAFT -- MINUTES Agenda Item D2 MAPLEWOOD CITY COUNCIL 7:19 P.M. Monday, August 22, 2005 Council Chambers, City Hall Meeting No. 05 -17 El C. 113 E. 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 7:19 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach. Councilmember Present l e t »: Z 6 1 T I M S*] 0 L V i 110 *1 1. Minutes from City Council Meeting- August 08, 2005 Councilmember Monahan -Junek moved to approve the minutes from the August 08, 2005 as presented. Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Juenemann, Monahan -Junek and Rossbach Abstain - Councilmember Koppen APPROVAL OF AGENDA M1. NEST M2. Fire Fighters Bogus Donation Calls M3. Celi Dean -Miss Black USA M4. City Phone System M5. Reconsideration of Dispatching J1A. Reconsideration of Consolidation of Ramsey County PSAP Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Rossbach F. APPOINTMENTS /PRESENTATIONS 1. Proclamation — Stepfamily Day a. City Manager Fursman presented the report. b. Mayor Cardinal read the following proclamation: City Council 08 -22 -05 Ayes -All 1 Proclamation X 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. 191191 LI F14 LI III WTICI4 LI U7e1 Approval of Claims ACCOUNTS PAYABLE: 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 Payroll Checks and Direct Deposits dated 473,040.70 08/12/05 2,406.75 Payroll Deduction check # 102222 thru # 102224 dated 08/12/05 City Council 08 -22 -05 $ 475,447.45 Total Payroll $ 4,114,198.90 GRAND TOTAL 2. Consider Setting of 2006 Street Improvement Assessment Rates Adopted the following resolution approving the 2006 assessment rates: RESOLUTION 05 -08 -132 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 City Council 08 -22 -05 3 3. Approve Clarification to Resolution Approving Berm for 1 -94 Noise Mitigation, City Project 03 -12 Adopted the following 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 for 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: RESOLUTION 05 -08 -133 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: 1. 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 Rpr-m shall be nonstri - inted as renernmended by the City EngineeF to extend at height Frnrn (`rn44e Drive to the e all at Sterling Clrnn4 2 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. 4. Temporary Gambling Permit — North Star Chapter BCCA Adopted the following resolution approving the temporary Lawful Gambling permit for the North Star Chapter of the BCCA (Brewery Collectible Club of America): City Council 08 -22 -05 RESOLUTION 05 -08 -134 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. Temporary Liquor Permit — Fee Waiver Request — St. Jerome Church Approved the fee waivers for the temporary Beer and Wine License for St. Jerome's Catholic Church at 380 E. Roselawn Avenue for their annual fall festival and Booya to be held on September 18, 2005. 6. Toenjes Hills Estates Final Plat (McMenemy Street and Toenjes Place) Approved 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. 7. Conditional Use Permit Review — Feed Products and Service (1300 McKnight Road North) Approved to 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. 8. Conditional Use Permit Review — Commercial Equipment Parking and Storage (65 Larpenteur Avenue E.) Approved to review the conditional use permit for the parking and storage of commercial vehicles for the property at 65 Larpenteur Avenue again in one year. 9. Conditional Use Permit Review — Venburg Tire (3001 Maplewood Drive North) Approved to review the conditional use permit for Venburg Tire in one year. 10. Conditional Use Permit Review — Heritage Square Second Addition (Kennard Street and County Road D) Approved to review the conditional use permit for the Heritage Square 2"' addition PUD in one year. 11. Conditional Use Permit Review — Legacy Village PUD (County Road D, Kennard Street and Southlawn Drive) Approved to review the conditional use permit for the Legacy Village PUD in one year. City Council 08 -22 -05 12. 2005 Paid - per -call Firefighter Pay Rate Change Approved to increase 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. 13. Donation to Citizens on Patrol Approved to accept the donation and any future donations from Qwest for Citizens on Patrol program participation by their employees. Councilmember Koppen moved to approve consent agenda items 1 -13 after staff answered questions posed by council. Seconded by Councilmember Monahan -Junek H. PUBLIC HEARINGS None I. AWARD OF BIDS None J. UNFINISHED BUSINESS Approval to Purchase 800 MHz Dispatch Equipment Ayes -All City Manager Fursman suggested that council may want to consider 1 A. before proceeding with the approval to purchase the 800 MHz dispatch equipment. Ramsey County Radio Systems Manager Scott Williams answered systems questions. Councilmember Koppen moved to table the approval to purchase 800 MHz until the September 12, 2005 City Council meeting. Seconded by Mayor Cardinal 1. A. Reconsideration of Joint Powers Agreement Ayes -Mayor Cardinal, Councilmembers Rossbach, and Koppen Nays - Councilmember Juenemann and Monahan -Junek City Attorney Kelly defined Roberts Rules of Order for proper reconsideration. Councilmember Koppen moved to suspend the rules to consider the reconsideration. Seconded by Councilmember Rossbach Ayes- Councilmembers Rossbach, and Koppen Nays -Mayor Cardinal, Councilmembers Juenemann and Monahan -Junek City Council 08 -22 -05 K. NEW BUSINESS 1. The Myth Nightclub (3090 Southlawn Drive) a. Shared Parking Agreement Approval b. Outdoor Patio Approval a. City Manager Fursman presented the report. b. Planner Finwall presented specifics from the report. C. The following persons were heard: Jeff Kehr, General Manager of the Myth Nightclub Bob Oswood, Sound Engineer for the Myth Nightclub Also present for questions, but not heard: Reg Plowman, RJ Marco Construction John Gaspar, Architect Councilmember Koppen moved to approve the shared parking agreements for the Myth Nightclub located at 3090 Southlawn Avenue. Approval is subject to the following conditions: a. Shared parking agreements with the Maplewood Mall and MTC must be submitted to staff for approval by September 2, 2005. These agreements must ensure the use of at least 587 combined parking spaces b. The city issuing a conditional certificate of occupancy to the Myth allowing for a maximum occupancy of 4,400. This conditional certificate of occupancy will convert back to a maximum occupancy of 1,450 if parking agreements approved by staff are terminated or become invalid. C. 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. d. During any 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. Councilmember Koppen moved to approve the proposed 800 - square -foot rooftop patio for the Mvth Niahtclub located at 3090 Southlawn Avenue. Approval is subiect to the following conditions: a. No outside music venues other than piped -in music is permitted on the patio City Council 08 -22 -05 b. The city council will review and reconsider the outdoor patio for any nuisances in three months (November 2005). Seconded by Councilmember Rossbach Ayes -All 2. Adoption of the Countywide Emergency Operations Plan a. City Manager Fursman presented the report. b. Chief Lukin presented specifics from the report. Councilmember Koppen moved to adopt the following resolution adopting the Countywide Emergency Operations Plan: RESOLUTION 05 -08 -135 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 Countywill 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 anyjurisdiction within Ramsey County that chooses to adoptthis plan as their municipal Emergency Operations Plan; and City Council 08 -22 -05 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. Seconded by Councilmember Monahan -Junek Ayes-All Water Surcharge Ordinance Second Reading City Manager Fursman presented the report and presented specifics from the report. Councilmember Juenemann moved to adopt the second reading of the following Water Surcharge Ordinance: ORDINANCE 864 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 City Council 08 -22 -05 Authorization to Begin Contract Negotiations for Recycling Services as Recommended by Environmental Committee City Manager Fursman presented the report. Environmental Management Specialist Konewko presented specifics from the report. Councilmember Koppen moved to authorize staff to begin negotiations with Eureka Recycling as the first, preferred vendor for the city's recycling services. Seconded by Councilmember Monahan -Junek Ayes-All Ohlson Landscaping and Oehrlein Lawn Maintenance Conditional Use Permit Revision (Gladstone Neighborhood - 1949 Atlantic Street) City Manager Fursman presented the report. Planner Finwall presented specifics from the report. Councilmember Juenemann moved to approve staff recommendation to 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) and to 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. Seconded by Councilmember Koppen Ayes-All 6. New Best Buy Store (1801 County Road D) a. Parking Count Reduction Authorization b. Design Approval a. City Manager Fursman presented the report. b. Planner Finwall presented specifics from the report. C. Boardmember Ledvina presented the Design Review Board Report. d. The following person was heard: Tim Palmquist, applicant for Best Buy Councilmember Koppen moved to 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: Approval is for a reduction of 36 parking spaces for the overall site. 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. City Council 08 -22 -05 10 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. It 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. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal and Councilmembers Monahan - Junek, Koppen and Rossbach Nays - Councilmember Juenemann Councilmember Koppen moved to 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: Repeat this review in two years if the city has not issued a building permit for this project. 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. City Council 08 -22 -05 11 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. 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. City Council 08 -22 -05 12 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 City Council after approval by the Community Design Review Board for approval. 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. Seconded by Councilmember Monahan -Junek Ayes -Mayor Cardinal and Councilmembers Monahan - Junek, Koppen and Rossbach Nays - Councilmember Juenemann Purchase of Deputy Chief Vehicle for Fire Department City Manager Fursman presented the report. Chief Lukin presented specifics from the report. L. Councilmember Koppen moved to approve the purchase of a 2006 GMC Yukon for the Deputy Fire Chief in the amount of $30,684.10 to Nelson Dodge and GMC. Seconded by Councilmember Monahan -Junek M1.11111101:a:aN *1140 0111 Ayes - Councilmembers Juenemann, Koppen, Monahan -Junek and Rossbach Nays -Mayor Cardinal Jerry Markie -1247 Leland Road, Maplewood, addressed council regarding his concerns about Councilmember Monahan - Junek's job as the City Manager of Eveleth, Minnesota. Bob Zick- resident of Maplewood, North Saint Paul, and Oakdale School District, addressed the City Council regarding development issues. M. COUNCIL PRESENTATIONS 1. NEST- Councilmember Rossbach gave a report on the financial condition of NEST. 2. Fire Fighter's Bogus Donation Calls - Councilmember Rossbach notified the public that there are people soliciting funds for the Maplewood Fire Department that are not legitimate. 3. Celi Dean -Mayor Cardinal recognized the accomplishments and congratulated Maplewood resident and University of Minnesota Student Celi Dean who was crowned Ms. Black USA on August 7, 2005 in Washington, D.C. 4. City Phone System — Mayor Cardinal asked City Manager Fursman to remind staff residents would like to talk to staff when they call the city, and not receive voice mail. Reconsideration of Dispatching — Councilmember Koppen moved to waive the rules of reconsideration for discussion and possible motion of the dispatching issue. City Council 08 -22 -05 13 Seconded by Councilmember Rossbach Mayor Cardinal moved for consolidation of dispatching with Ramsey County. This motion would include consideration of the information included in the letter of the suburban Mayor's to Ramsey County Commissioners. I0 Seconded by Councilmember Koppen 0 BIL TiIIN F3111 :fill ID1=1:j:1 *1140 I161LIFI Ayes -Mayor Cardinal, Councilmembers Koppen and Rossbach Nays - Councilmembers Juenemann and Monahan -Junek Ayes -Mayor Cardinal, Councilmembers Koppen and Rossbach Nays - Councilmembers Juenemann and Monahan -Junek City Manager Fursman clarified that Legacy Village is tax abatement, no Tax Increment Financing is utilized in that district. City Manager Fursman congratulated and thanked Police Officers Jason Marino, Jay Wenzel and Steve Heinz on their success organizing a Fundraising Golf Tournament. Over $8,000 was raised for Special Olympics. O. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 10:00 p.m. Seconded by Councilmember Koppen Ayes -All City Council 08 -22 -05 14 Agenda Item F1 PROCLAMATION FINANCIAL PLANNING WEEK Whereas, the financial planning process allows individuals to achieve their dreams by empowering them to identify and manage realistic financial goals and negotiate the financial barriers that arise at every stage of life; Whereas, everyone can benefit from knowing about the value of financial planning and where to turn for objective financial advice; Whereas, the Financial Planning Association is the membership organization for the financial planning community, representing 29,000 members dedicated to supporting the financial planning process as a way to help individuals achieve their goals and dreams; Whereas, the Financial Planning Association believes that everyone needs objective advice to make smart financial decisions and that when seeking the advice of a financial planner, the planner should be a CFP® professional; Whereas, the Financial Planning Association is dedicated to helping individuals discover the value of financial planning; Now, therefore, I, Mayor Cardinal, by virtue of the authority vested in me as Mayor of the City of Maplewood, do hereby proclaim October 3 -9, 2005 as Financial Planning Week in Maplewood. ISSUED: This day of 2005 By: Mayor Bob Cardinal The Financial Planning Association is the owner of trademark, service mark and collective membership mark rights in: FPS, FPA/Logo and FINANCIAL PLANNING ASSOCIATION. The marks may not be used without written permission from the Financial Planning Association. CFP®, CERTIFIED FINANCIAL PLANNERT^ and the federally registered CFP (with flame logo) are certification marks owned by the Certified Financial Planner Board of Standards, Inc. These marks are awarded to individuals who successfully complete the CFP Board's initial and ongoing certification requirements. Agenda Item F2 Proclamation WHEREAS, in the year 2005, the week of September 26- October 1 has been declared "DOLLAR WISE" Week for the Mayors' National DOLLAR WI$E Campaign; and WHEREAS, the United States Conference of Mayors Council for the New American City recognizes that financial illiteracy is a national problem that needs to be addressed, and has established the 2005 "DOLLAR WISE" Campaign to educate citizens about financial literacy; and WHEREAS, the United States Congress has established the Financial Literacy and Education Commission to improve the financial literacy and education of citizens through the development of a national strategy to promote financial literacy education; and WHEREAS, over 1.5 million families and individuals filed for bankruptcy in 2004; and the level of personal bankruptcy filings in the nation increased over 535 percent between 1980 and 2002, and various states have experienced increased bankruptcies that are 2 and 3 times the national increase; and WHEREAS, education provides the skills necessary to succeed and empowers citizens to take charge of their financial futures to secure their own well being and that of their families; and WHEREAS, savings give families financial stability, and teaching children how to save at a young age can help them become financially responsible adults; and WHEREAS, credit card debt has tripled between 1990 and 2000, growing from $240 billion to $690 billion, and is currently approaching 1 trillion dollars, and one third of consumers carry their balances over from month to month which leads to financial distress; and as long as credit is readily available and credit education is scarce, the problem will continue to compound; and WHEREAS, alongside business investors, the most important investors in American cities are families and individuals who choose to buy a home or start their own business within the city, and in order to position themselves as investors, residents must be financially literate and maintain good credit histories. NOW, THEREFORE, I, Bob Cardinal Mayor of the City of Maplewood, do hereby proclaim the week of September 26- October 1, 2005 as "DOLLAR WISE" Week in the City of Maplewood, and urge all citizens in our community and throughout the country to participate in "DOLLAR WI E" Week. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Office of Mayor to be affixed this 12` day of September, 2005. Mayor Bob Cardinal Maplewood, Minnesota AGENDA NO. G -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: September 12, 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: $ 1,575.00 Checks #67734 dated 08/16/05 $ 320,734.44 Checks # 67735 thru #67787 dated 08/23/05 $ 292,047.84 Disbursements via debits to checking account dated 08/12 thru 08/18/05 $ 191,014.06 Checks # 67788 thru #67837 dated 08/26/05 thru 08/30/05 $ 151,397.39 Disbursements via debits to checking account dated 08/19/05 thru 08/25/05 $ 150.00 Checks # 67838 dated 08/31/05 $ 609,781.82 Checks # 67839 thru #67888 dated 9/06/05 $ 324,034.64 Disbursements via debits to checking account dated 8/26/05 thru 9/01/05 $ 1,890,735.19 Total Accounts Payable PAYROLL $ 521,245.94 Payroll Checks and Direct Deposits dated 08/26/05 $ 2,406.75 Payroll Deduction check # 102345 thru # 102347 dated 08/26/05 $ 523,652.69 Total Payroll $ 2,414,387.88 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651 -249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if ds attachments p: \ExcelWprClms\2005 \05- AprClms 08- 19,08 -26, and 09 -02 vchlist Check Register Page: 1 08/23/2005 City of Maplewood Check Date Vendor Description /Account Amount 67734 8/16/2005 01708 VALLEYFAIR VALLEYFAIR TRIP 1,575.00 67735 8/23/2005 00014 AT&T MANAGED INTERNET SERV JUL 05 1,013.60 67736 8/23/2005 01908 ADMINISTRATION, DEPT OF WAN USEAGE JUN 05 392.00 67737 8/23/2005 02106 ADVANCED BUSINESS SYSTEMS, INC CD HPLJ4000 REPLACE FUSER 249.01 MCC HPLJ4050 REPLACE 132.92 67738 8/23/2005 02074 AHL, R CHARLES REIMB PARKING & MILEAGE 127.89 67739 8/23/2005 00111 ANIMAL CONTROL SERVICES INC PATROL SERVICE 7/30 -8/12 887.72 67740 8/23/2005 00221 BROCK WHITE COMPANY, LLC. STREAM BANK STABILIZATION 698.64 67741 8/23/2005 02251 CUSTOM HEADSETS INC HEADSET FOR S LE 170.29 67742 8/23/2005 01973 ERICKSON OIL PRODUCTS INC CAR WASHES 88.00 67743 8/23/2005 00471 ERICKSON, VIRGINIA 2 PAIR SLACKS 49.98 67744 8/23/2005 00531 FRA -DOR BLACK DIRT & RECYCLE LOAD OF CONCRETE 55.00 67745 8/23/2005 00411 HALL, KATHLEEN P NATURE CENTER FRAMING 65.82 67746 8/23/2005 00721 INDEPENDENT SPORTS NETWORK 73 SOFTBALL GAMES UMPIRES 1,697.25 67747 8/23/2005 00789 KATH FUEL OIL SERVICE CO UNLEADED MID -GRADE (89 14,387.95 67748 8/23/2005 00908 M R P A MARKETING WORKSHOP 190.00 67749 8/23/2005 00945 MASYS CORP STRATUS MAINT SEP 05 738.68 67750 8/23/2005 00986 METROPOLITAN COUNCIL MONTHLY SAC - JULY 2005 134,937.00 67751 8/23/2005 00997 MIDWEST CHILDREN'S RESOURCE CT INVESTIGATIVE VIDEO 20.00 67752 8/23/2005 01018 MINNEAPOLIS FINANCE DEPT PAWN FEES - JULY 2005 588.00 67753 8/23/2005 01175 NORTH ST PAUL, CITY OF MONTHLY UTILITIES 7/1 -8/8 3,510.47 67754 8/23/2005 03325 OMEGA GROUP INC, THE CRIME VIEW SUPPORT 9/05 -9/06 2,495.00 67755 8/23/2005 01218 ON SITE SANITATION TEMP BATHROOMS DURING 189.18 67756 8/23/2005 00001 ONE TIME VENDOR REF A BRANUM - MEMBERSHIP 359.44 67757 8/23/2005 00001 ONE TIME VENDOR REF D LACTORIN - SOFTBALL 140.00 67758 8/23/2005 00001 ONE TIME VENDOR REF J CRAMER -MAYER - AMB 102.18 67759 8/23/2005 00001 ONE TIME VENDOR REF B STAR - SOCCER 60.00 67760 8/23/2005 00001 ONE TIME VENDOR REF L SKINNER - TENNIS 40.00 67761 8/23/2005 00001 ONE TIME VENDOR REF B HANSON - MEMBERSHIP 27.50 67762 8/23/2005 00001 ONE TIME VENDOR REF ROCHESTER COLL - 2.00 67763 8/23/2005 01225 OSWALD HOSE & ADAPTERS HOSES /COUPLINGS 390.00 67764 8/23/2005 02304 PACOLT, MARSHA QWEST MAINT MAY & JUNE 2005 1,346.00 67765 8/23/2005 01941 PATRICK GRAPHICS & TROPHIES PARTICIPANT MEDALS 43.13 67766 8/23/2005 01254 PEPSI -COLA COMPANY MDSE FOR RESALE 384.75 67767 8/23/2005 02491 PUBLIC SAFETY MARKETING INC RESPONDER PANTS 101.00 67768 8/23/2005 00396 PUBLIC SAFETY, DEPT OF CJDN - 3RD QTR 1,920.00 67769 8/23/2005 01359 REGAL AUTO WASH DETAIL XX CAR WASHES 116.94 67770 8/23/2005 01360 REINHART FOODSERVICE MDSE FOR RESALE 83.84 67771 8/23/2005 02001 ROSEVILLE, CITY OF JOINT POWERS MIS JUL 05 625.00 JOINT POWERS MIS AUG 05 625.00 67772 8/23/2005 03459 RUM RIVER TREE FARM LEGACY VILLAGE PARK PMT #1 114,995.60 67773 8/23/2005 01397 RYAN PLUMBING & HEATING CO. 2 RP2 TESTS 325.00 67774 8/23/2005 01449 SERVICE SALES CORP. BAL DUE ON DMV COUNTER 25.58 67775 8/23/2005 03398 SHAMROCK GROUP MDSE FOR RESALE 113.00 67776 8/23/2005 03458 SISKA GROUP, INC. GRADING ESCROW 1681 1,156.85 GRADING ESCROW 1011 CORD C 2,738.63 67777 8/23/2005 01466 SKYHAWKS SPORTS ACADEMY SPORTS CLINICS - GOLF /MIGHTY 1,345.00 67778 8/23/2005 01504 ST PAUL, CITY OF RMS SOFTWARE MAINT AUG 05 3,798.00 RADIO REPAIRS - JULY 05 543.82 67779 8/23/2005 01572 SYSTEMS SUPPLY. INC. TONER FOR FAX /COPIER 71.27 2 vchlist Check Register Page: 2 08/23/2005 City of Maplewood Check Date Vendor Description /Account Amount 67780 8/23/2005 01574 T.A. SCHIFSKY & SONS, INC 67781 8/23/2005 01649 TRI -STATE BOBCAT, INC. 67782 8/23/2005 03457 VALLEY POOLS & SPAS 67783 8/23/2005 01734 WALSH, WILLIAM P. 67784 8/23/2005 01750 WATSON CO INC, THE 67785 8/23/2005 01789 WOODBURY, CITY OF 67786 8/23/2005 01190 XCEL ENERGY 67787 8/23/2005 01805 ZIEGLER INC. 54 Checks in this report TACK OIL /ASPHALT FOR 830.33 4 TIRES 873.17 GRADING ESCROW 1523 SEXTANT 750.00 COMML PLUMBING INSPECTIONS 137.60 MDSE FOR RESALE 260.18 SAFE & SOBER GRANT FUNDS 3,321.00 MONTHLY UTILITIES 6/15 -7/17 303.17 MONTHLY UTILITIES 7/3 -8/2 43.68 MONTHLY UTILITIES 6/19 -7/19 2,874.58 MONTHLY UTILITIES 6/14 -7/16 1,186.49 MONTHLY UTILITIES 6/19 -7/19 1,773.27 MONTHLY UTILITIES 6/19 -7/19 11,362.84 RENTAL OF EXCAVATOR/TRUCK 2,854.20 Total checks : 322,309.44 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 08/11/05 08/12/05 08/11/05 08/12/05 08/12/05 08/12/05 08/12/05 08/15/05 08/12/05 08/16/05 08/12/05 08/17/05 08/15/05 08/12/05 08/12/05 08/12/05 08/15/05 08/15/05 08/15/05 08/15/05 08/16/05 08/16/05 08/17/05 08/17/05 08/18/05 08/18/05 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer MN State Treasurer Labor Unions MN State Treasurer ARC Administration TOTAL Description Drivers License /Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License /Deputy Registrar State Payroll Tax Drivers License /Deputy Registrar Union Dues Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 22,540.27 8,719.99 389.50 18,715.32 97,643.32 53,673.82 24,821.00 17,907.91 18,860.98 15,134.62 1,705.57 10,884.76 1,050.78 292,047.84 53 vchlist Check Register Page: 1 08/26/2005 City of Maplewood Check Date Vendor Description /Account Amount 67788 8/26/2005 02453 KNABE, WILLIAM REPAIR & PAINT VEHICLE 736.00 67789 8/26/2005 01027 MN STATE TREASURER AMBULANCE SERVICE LICENSE 630.00 67790 8/30/2005 02411 ALEX AIR APPARATUS INC MANUAL VALVE KNOB & SS FILL 101.18 67791 8/30/2005 00110 ANDREWS, SCOTT REIMB FOR MEAL 8/18 11.00 67792 8/30/2005 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 176.40 MERCH FOR RESALE 294.00 67793 8/30/2005 00198 BOARD OF WATER COMMISSIONERS MONTHLY WATER UTIL 5,259.24 67794 8/30/2005 00211 BRAUN INTERTEC CORP. PROJ 04 -15 PROF SRVS THRU 8/12 1,649.00 PROJ 03 -36 PROF SRVS 8/12 254.50 PROJ 05 -10 PROF SRVS THRU 8/12 1,358.90 67795 8/30/2005 00221 BROCK WHITE COMPANY, LLC. SEAL COAT CRACK FILLER 3,879.26 67796 8/30/2005 02114 CARL BOLANDER & SONS CO. REF GRADING ESC - 1966 11,963.52 67797 8/30/2005 02585 CENTRAL INTERNAL MEDICINE LAB TESTS 78.03 67798 8/30/2005 00340 CRAMER BUILDING SERVICES REPLACE COMPRESSOR 8,039.00 67799 8/30/2005 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER MONTHLY LEASE - SEP 161.88 67800 8/30/2005 03461 DUNSHEE, WAYNE K REF GRADING ESC - 2874 ARCADE 5,033.29 67801 8/30/2005 02168 FINLEY BROS INC REPAIR/RESURFACE BB & TENNIS 8,870.00 67802 8/30/2005 00520 FLOR, TIMOTHY W REIMB FOR TUITION & BOOKS 653.17 67803 8/30/2005 00543 GE CAPITAL COPIER MONTHLY LEASE - AUG 331.22 67804 8/30/2005 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - JUL 764.10 67805 8/30/2005 02945 HEALTHEAST VEHICLE SERVICES REPAIR VEHICLE WIRING 99.50 INSTALL LIGHBAR & REPAIR 582.05 INSTALL COMPUTER IN VEHICLE 229.00 67806 8/30/2005 01605 IFP TEST SERVICES INC PSYCH EXAM 350.00 67807 8/30/2005 03443 J -CRAFT TRUCK EQUIPMENT SNOW PLOW AND WING 18,598.10 67808 8/30/2005 00755 JEFFERSON FIRE & SAFETY INC TURN OUT GEAR 8,624.71 67809 8/30/2005 02196 JORGENSON CONST INC PROJ 03 -19 PUBLIC WORKS 29,925.00 67810 8/30/2005 02607 KINNICKINNIC NATIVES LLC PLANTS 34.50 67811 8/30/2005 00807 KOEHNEN, MARY REIMB FOR MILEAGE 8/18 - 8/20 36.38 67812 8/30/2005 00932 MAPLEWOOD BAKERY BIRTHDAY PROGRAM CAKES 15.25 BIRTHDAY PROGRAM CAKES 15.25 67813 8/30/2005 03417 MCFARLAND, P.C., THOMAS F PROJ 02 -07 PROF SRVS - JUN 3,263.77 PROJ 02 -07 PROF SRVS - JUL 6,148.28 67814 8/30/2005 01819 MCLEOD USA LOCAL PHONE SRV 7/16 - 8/15 2,104.89 67815 8/30/2005 01126 MN NCPERS LIFE INSURANCE PERA LIFE INS (PAYROLL DED IN 300.00 67816 8/30/2005 00001 ONE TIME VENDOR REF STEVE MCDAN IELS - 3,973.00 67817 8/30/2005 00001 ONE TIME VENDOR REF LESLIE PRAHL - TREE 375.00 67818 8/30/2005 00001 ONE TIME VENDOR REF PLYMOUTH PLBG - DUP 330.00 67819 8/30/2005 00001 ONE TIME VENDOR REF MN RUSCO INC - SIDING 100.50 67820 8/30/2005 00001 ONE TIME VENDOR REF TOM MULVANEY - PR #04 -15 11.65 67821 8/30/2005 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING - JUL 15,282.35 67822 8/30/2005 02010 RAMSEY CTY ATTORNEY'S OFFICE CN #04- 020 -237 20% FORFEITED 99.00 CN #04- 022 -094 20% FORFEITED 180.00 67823 8/30/2005 01409 S.E.H. PROJ 03 -07 PROF SRVS - JUN 8,694.88 PROJ 02 -07 PROF SRVS - JUN 3,250.78 PROJ 04 -22 PROF SRVS - JUN 7,762.84 PROJ 05 -03 PROF SRVS - JUN 259.72 MONTHLY SRV FEE FOR NPDES - 220.50 PROJ 04 -21 PROF SRVS - JUN 2,588.96 PROJ 03 -04 PROF SRVS - JUN 780.43 PROJ 02 -02 PROF SRVS - JUN 118.04 5 vchlist Check Register Page: 2 08/26/2005 City of Maplewood Check Date Vendor Description /Account Amount 67824 8/30/2005 03398 SHAMROCKGROUP 67825 8/30/2005 01463 SISTER ROSALIND GEFRE 67826 8/30/2005 01504 ST PAUL, CITY OF 67827 8/30/2005 01526 STATE TREASURER 67828 8/30/2005 01526 STATE TREASURER 67829 8/30/2005 01568 SWANSON, LYLE 67830 8/30/2005 01572 SYSTEMS SUPPLY, INC. 67831 8/30/2005 01574 T.A. SCHIFSKY & SONS, INC 67832 8/30/2005 01634 TOUSLEY FORD, INC. 67833 8/30/2005 01580 TSE, INC. 67834 8/30/2005 01750 WATSON CO INC, THE 67835 8/30/2005 01755 WEBER ELECTRIC 67836 8/30/2005 02410 WELLS FARGO LEASING INC 67837 8/30/2005 01190 XCEL ENERGY 50 Checks in this report MERCH FOR RESALE 115.00 MASSAGES 1,611.00 PROJ 02 -08 TEMP CONSTRUCTION 1,638.61 MEDICAL SUPPLIES 8/4 310.56 CN #04- 020 -237 10% FORFEITED 49.50 CN #04- 022 -094 10% FORFEITED 90.00 SEMINAR 35.00 REIMB FOR SAFETY WORK SHOES 39.99 HP LJ1100 TONER 55.61 LJ2100 TONER 187.70 VARIOUS BITUMINOUS MATERIALS 31.84 VARIOUS BITUMINOUS MATERIALS 101.29 REPLACE ALT FOR CHARGING 91.84 GROUNDSKEEPING SRVS 6/12 -7/9 1,464.48 JANITORIAL SRVS 6/12 - 7/9 837.38 MERCH FOR RESALE 74.43 ELECTRICAL WORK AT FIRE 1,929.27 RICOH COPIER LEASE 1,467.57 MCC ELECTRIC UTIL 7/16 - 8/14 16,284.97 Total checks : 191,014.06 m CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 08/18/05 08/19/05 MN State Treasurer 08/11/05 08/19/05 MN Dept of Revenue 08/18/05 08/19/05 MN Dept of Natural Resources 08/19/05 08/22/05 MN State Treasurer 08/11/05 08/22/05 MN Dept of Revenue 08/22/05 08/23/05 MN State Treasurer 08/23/05 08/24/05 MN State Treasurer 08/19/05 08/24/05 US Bank VISA One Card* 08/24/05 08/25/05 MN State Treasurer 08/19/05 08/25/05 Elan Financial Services* TOTAL Description Drivers License /Deputy Registrar Sales Tax DNR electronic licenses Drivers License /Deputy Registrar Fuel Tax Drivers License /Deputy Registrar Drivers License /Deputy Registrar Purchasing card items Drivers License /Deputy Registrar Purchasing card items *Detailed listing of VISA purchases is attached. Amount 13,973.43 5,840.00 541.50 16,609.36 222.80 17,895.77 20,457.80 14,659.64 15,116.39 46,080.70 151,397.39 7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD F7 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/26/05 CARDINAL, ROBERT 422.42 dd 08/26/05 JUENEMANN, KATHLEEN 371.77 dd 08/26/05 KOPPEN, MARVIN 371.77 dd 08/26/05 MONAHAN- JUNEK, 371.77 dd 08/26/05 ROSSBACH, WILLIAM 371.77 dd 08/26/05 COLEMAN, MELINDA 4,673.00 dd 08/26/05 DARST, ROBERTA 1,928.91 dd 08/26/05 FURSMAN, RICHARD 5,053.62 dd 08/26/05 SWANSON, LYLE 1,900.89 dd 08/26/05 LE, JENNIFER 137.25 dd 08/26/05 LE, SHERYL 4,558.31 dd 08/26/05 RAMEAUX, THERESE 2,711.99 dd 08/26/05 FAUST, DANIEL 4,753.82 dd 08/26/05 SCHMIDT, DEBORAH 1,653.75 dd 08/26/05 ANDERSON, CAROLE 1,343.39 dd 08/26/05 BAUMAN, GAYLE 3,909.04 dd 08/26/05 JACKSON, MARY 2,069.50 dd 08/26/05 KELSEY, CONNIE 1,796.99 dd 08/26/05 TETZLAFF, JUDY 2,069.48 dd 08/26/05 FRY, PATRICIA 1,920.75 dd 08/26/05 GUILFOILE, KAREN 3,288.04 dd 08/26/05 MUNKHOLM, ILA 80.00 dd 08/26/05 OSTER, ANDREA 2,006.79 dd 08/26/05 CARLE, JEANETTE 1,861.56 dd 08/26/05 JAGOE, CAROL 1,855.72 dd 08/26/05 JOHNSON, BONNIE 1,176.35 dd 08/26/05 MECHELKE, SHERRIE 1,307.11 dd 08/26/05 MOY, PAMELA 866.59 dd 08/26/05 OLSON, SANDRA 1,156.96 dd 08/26/05 WEAVER, KRISTINE 1,994.05 dd 08/26/05 BANICK, JOHN 4,412.55 dd 08/26/05 CORCORAN, THERESA 1,859.19 dd 08/26/05 POWELL, PHILIP 2,586.97 dd 08/26/05 RICHIE, CAROLE 1,863.94 dd 08/26/05 SPANGLER, EDNA 308.00 dd 08/26/05 THOMALLA, DAVID 4,891.11 dd 08/26/05 ABEL, CLINT 2,811.85 dd 08/26/05 ALDRIDGE, MARK 3,181.45 dd 08/26/05 ANDREWS, SCOTT 3,913.21 dd 08/26/05 BAKKE, LONN 2,867.12 dd 08/26/05 BELDE, STANLEY 2,971.25 dd 08/26/05 BIERDEMAN, BRIAN 2,691.88 dd 08/26/05 BOHL, JOHN 3,224.46 dd 08/26/05 BUSACK, DANIEL 2,987.09 F7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Q CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/26/05 COFFEY, KEVIN 2,660.45 dd 08/26/05 CROTTY, KERRY 2,820.87 dd 08/26/05 DOBLAR, RICHARD 4,219.03 dd 08/26/05 DUNN, ALICE 3,174.61 dd 08/26/05 GABRIEL, ANTHONY 2,246.03 dd 08/26/05 HEINZ, STEPHEN 3,131.51 dd 08/26/05 HIEBERT, STEVEN 2,995.38 dd 08/26/05 JOHNSON, KEVIN 4,022.02 dd 08/26/05 KALKA, THOMAS 687.18 dd 08/26/05 KARIS, FLINT 3,190.77 dd 08/26/05 KONG, TOMMY 2,634.21 dd 08/26/05 KROLL, BRETT 3,011.80 dd 08/26/05 KVAM, DAVID 3,891.00 dd 08/26/05 LARSON, DANIEL 510.74 dd 08/26/05 LU, JOHNNIE 3,620.11 dd 08/26/05 MARINO, JASON 2,947.83 dd 08/26/05 MARTIN, JERROLD 2,855.42 dd 08/26/05 MCCARTY, GLEN 2,659.75 dd 08/26/05 METRY, ALESIA 2,614.97 dd 08/26/05 NYE, MICHAEL 1,915.66 dd 08/26/05 OLSON, JULIE 2,661.49 dd 08/26/05 RABBETT, KEVIN 3,973.51 dd 08/26/05 RHUDE, MATTHEW 1,838.19 dd 08/26/05 STEFFEN, SCOTT 3,567.46 dd 08/26/05 STEINER, JOSEPH 573.47 dd 08/26/05 SYPNIEWSKI, WILLIAM 1,954.75 dd 08/26/05 SZCZEPANSKI, THOMAS 2,843.57 dd 08/26/05 TRAN, JOSEPH 189.55 dd 08/26/05 WENZEL, JAY 2,803.67 dd 08/26/05 XIONG, KAO 2,623.36 dd 08/26/05 BARTZ, PAUL 1,864.38 dd 08/26/05 BERGERON, JOSEPH 4,628.65 dd 08/26/05 DUGAS, MICHAEL 3,728.26 dd 08/26/05 ERICKSON, VIRGINIA 3,274.31 dd 08/26/05 FLOR, TIMOTHY 3,866.97 dd 08/26/05 FRASER, JOHN 2,997.36 dd 08/26/05 LANGNER, SCOTT 2,419.55 dd 08/26/05 PALMA, STEVEN 3,462.67 dd 08/26/05 THEISEN, PAUL 2,525.01 dd 08/26/05 THIENES, PAUL 3,283.72 dd 08/26/05 CARLSON, BRIAN 1,891.88 dd 08/26/05 DAWSON, RICHARD 2,397.68 dd 08/26/05 DUELLMAN, KIRK 2,249.02 dd 08/26/05 EVERSON, PAUL 2,618.79 dd 08/26/05 HALWEG, JODI 2,154.50 dd 08/26/05 JOHNSON, DOUGLAS 2,258.82 Q CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 10 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/26/05 NOVAK, JEROME 2,377.05 dd 08/26/05 PARSONS, KURT 2,678.33 dd 08/26/05 PETERSON, ROBERT 2,477.15 dd 08/26/05 PRECHTEL, ROBERT 2,611.02 dd 08/26/05 SVENDSEN, RONALD 2,552.93 dd 08/26/05 GERVAIS -JR, CLARENCE 3,175.28 dd 08/26/05 BAUER, MICHELLE 1,919.03 dd 08/26/05 FLAUGHER, JAYME 2,168.74 dd 08/26/05 HERMANSON, CHAD 1,974.74 dd 08/26/05 HUB IN, KENNARD 2,144.78 dd 08/26/05 KNAPP, BRETT 1,617.33 dd 08/26/05 LINN, BRYAN 2,451.31 dd 08/26/05 PACOLT, MARSHA 2,694.14 dd 08/26/05 RABINE, JANET 2,196.64 dd 08/26/05 SCHAULS, ADAM 390.00 dd 08/26/05 STAHNKE, JULIE 2,207.90 dd 08/26/05 LUKIN, STEVEN 4,297.84 dd 08/26/05 SVENDSEN, AUSTIN 3,445.29 dd 08/26/05 ZWIEG, SUSAN 2,087.76 dd 08/26/05 DOLLERSCHELL, ROBERT 326.32 dd 08/26/05 AHL, R. CHARLES 4,985.11 dd 08/26/05 BREHEIM, ROGER 2,096.84 dd 08/26/05 GROHS, JUDITH 2,010.80 dd 08/26/05 KONEWKO, DUWAYNE 2,988.48 dd 08/26/05 NIVEN, AMY 1,361.56 dd 08/26/05 PRIEFER, WILLIAM 2,999.66 dd 08/26/05 BRINK, TROY 1,919.31 dd 08/26/05 DEBILZAN, THOMAS 2,105.19 dd 08/26/05 EDGE, DOUGLAS 2,109.01 dd 08/26/05 ELIAS, BRANDON 660.00 dd 08/26/05 JONES, DONALD 2,521.87 dd 08/26/05 MEYER, GERALD 2,195.00 dd 08/26/05 NAGEL, BRYAN 2,615.08 dd 08/26/05 OSWALD, ERICK 2,321.61 dd 08/26/05 RUNNING, ROBERT 1,888.69 dd 08/26/05 TEVLIN, TODD 1,975.73 dd 08/26/05 BEYER, MEGAN 825.44 dd 08/26/05 CAVETT, CHRISTOPHER 3,765.86 dd 08/26/05 DUCHARME, JOHN 2,665.56 dd 08/26/05 ENGSTROM, ANDREW 1,808.35 dd 08/26/05 ISAKSON, CHAD 768.09 dd 08/26/05 JACOBSON, SCOTT 1,826.12 dd 08/26/05 KNUTSON, LOIS 998.90 dd 08/26/05 LABEREE, ERIN 2,643.84 dd 08/26/05 LINDBLOM, RANDAL 2,731.44 dd 08/26/05 PECK, DENNIS 2,677.61 10 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 11 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/26/05 PRIEBE, WILLIAM 3,093.35 dd 08/26/05 VERMEERSCH, CHARLES 2,567.84 dd 08/26/05 ANDERSON, BRUCE 4,634.42 dd 08/26/05 CAREY, HEIDI 2,347.06 dd 08/26/05 HALL, KATHLEEN 2,008.33 dd 08/26/05 GERVAIS, DAVID 384.00 dd 08/26/05 LUND, ERIC 348.00 dd 08/26/05 MARUSKA, MARK 3,051.30 dd 08/26/05 NAUGHTON, JOHN 1,953.89 dd 08/26/05 SCHINDELDECKER, JAMES 2,094.53 dd 08/26/05 BIESANZ, OAKLEY 1,637.13 dd 08/26/05 HAYMAN, JANET 1,583.52 dd 08/26/05 HUTCHINSON, ANN 2,580.90 dd 08/26/05 NELSON, JEAN 1,233.56 dd 08/26/05 SEEGER, GERALD 632.32 dd 08/26/05 GAYNOR, VIRGINIA 2,291.70 dd 08/26/05 EKSTRAND, THOMAS 3,469.81 dd 08/26/05 KROLL, LISA 1,380.66 dd 08/26/05 LIVINGSTON, JOYCE 1,109.86 dd 08/26/05 SINDT, ANDREA 1,866.67 dd 08/26/05 THOMPSON, DEBRA 743.21 dd 08/26/05 YOUNG, TAMELA 1,726.61 dd 08/26/05 FINWALL, SHANN 2,254.15 dd 08/26/05 ROBERTS, KENNETH 2,944.51 dd 08/26/05 CARVER, NICHOLAS 3,159.00 dd 08/26/05 FISHER, DAVID 3,736.71 dd 08/26/05 RICE, MICHAEL 2,212.62 dd 08/26/05 SWAN, DAVID 2,321.44 dd 08/26/05 SWETT, PAUL 1,200.00 dd 08/26/05 ANZALDI, KALI 399.00 dd 08/26/05 WORK, ALICIA 637.50 dd 08/26/05 WORK, BRANDON 767.50 dd 08/26/05 FINN, GREGORY 2,516.24 dd 08/26/05 GOODRICH, CHAD 240.00 dd 08/26/05 GRAF, MICHAEL 2,210.07 dd 08/26/05 KELLY, LISA 1,457.50 dd 08/26/05 KYRK, ASHLEY 415.00 dd 08/26/05 OHLHAUSER, MEGHAN 960.00 dd 08/26/05 ROBB INS, AUDRA 2,406.72 dd 08/26/05 SHERRILL, CAITLIN 290.25 dd 08/26/05 TAUBMAN, DOUGLAS 3,520.32 dd 08/26/05 WERNER, KATIE 80.75 dd 08/26/05 GERMAIN, DAVID 2,101.56 dd 08/26/05 NORDQUIST, RICHARD 2,218.66 dd 08/26/05 SCHULTZ, SCOTT 2,311.64 dd 08/26/05 ANZALDI, MANDY 1,302.10 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 12 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/26/05 COLLINS, ASHLEY 96.00 dd 08/26/05 CRAWFORD - JR, RAYMOND 60.00 dd 08/26/05 CROSSON, LINDA 2,974.70 dd 08/26/05 EVANS, CHRISTINE 820.69 dd 08/26/05 MILES, LAURA 356.13 dd 08/26/05 PELOQUIN, PENNYE 532.63 dd 08/26/05 SCHMIDT, RUSSELL 2,311.57 dd 08/26/05 SCHULZE, BRIAN 758.23 dd 08/26/05 STAPLES, PAULINE 3,337.17 dd 08/26/05 ZIELINSKI, JUDY 159.10 dd 08/26/05 ABRAHAMSON, DANIEL 251.75 dd 08/26/05 ANDREA, JOHANNA 97.88 dd 08/26/05 BRENEMAN, NEIL 745.78 dd 08/26/05 BUCKLEY, BRITTANY 141.38 dd 08/26/05 EDSON, JAMIE 438.24 dd 08/26/05 ERICKSON- CLARK, CAROL 90.40 dd 08/26/05 EVANS, KRISTIN 21.00 dd 08/26/05 FIERRO WESTBERG, MELINDA 95.20 dd 08/26/05 FONTAINE, KIM 674.34 dd 08/26/05 GREDVIG, ANDERS 464.16 dd 08/26/05 GUZIK, JENNIFER 177.63 dd 08/26/05 HALEY, BROOKE 481.16 dd 08/26/05 HERZOG, ELIZABETH 123.50 dd 08/26/05 HORWATH, RONALD 2,276.41 dd 08/26/05 IRISH, KARL 241.66 dd 08/26/05 KERSCHNER, JOLENE 874.13 dd 08/26/05 KOEHNEN, AMY 48.30 dd 08/26/05 KOEHNEN, MARY 1,597.31 dd 08/26/05 KRONHOLM, KATHRYN 651.52 dd 08/26/05 MATHEWS, LEAH 270.75 dd 08/26/05 NELSON, SIERRA 232.00 dd 08/26/05 OVERBY, ANNA 57.90 dd 08/26/05 PROESCH, ANDY 572.40 dd 08/26/05 SCHULTZ, MATTHEW 130.00 dd 08/26/05 SCHULTZ, PETER 42.90 dd 08/26/05 SMITH, ANN 168.75 dd 08/26/05 TUPY, HEIDE 60.60 dd 08/26/05 TUPY, MARCUS 299.25 dd 08/26/05 WERNER, REBECCA 222.00 dd 08/26/05 GROPPOLI, LINDA 350.40 dd 08/26/05 HANSON, ELIZABETH 18.45 dd 08/26/05 KURKOSKI, STEPHANIE 16.54 dd 08/26/05 BEHAN, JAMES 2,014.58 dd 08/26/05 HOUSE, JEFFREY 53.20 dd 08/26/05 LONETTI, JAMES 1,176.83 dd 08/26/05 PATTERSON, ALBERT 1,238.59 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/26/05 PRINS, KELLY 1,295.86 dd 08/26/05 REILLY, MICHAEL 1,818.39 dd 08/26/05 WALSH, AMANDA 53.20 dd 08/26/05 AICHELE, CRAIG 2,203.75 dd 08/26/05 PRIEM, STEVEN 2,361.48 dd 08/26/05 WOEHRLE, MATTHEW 1,666.47 dd 08/26/05 BERGO, CHAD 2,597.32 dd 08/26/05 FOWLDS, MYCHAL 3,246.59 dd 08/26/05 FRANZEN, NICHOLAS 1,990.19 dd 08/26/05 HURLEY, STEPHEN 3,737.62 wf 102235 08/26/05 WORKMAN, ROBERT 50.00 wf 102236 08/26/05 CARLSON, STEVEN 197.26 wf 102237 08/26/05 FARR, LARRY 1,544.40 wf 102238 08/26/05 JAHN, DAVID 1,893.70 wf 102239 08/26/05 MORIN, TROY 161.50 wf 102240 08/26/05 MITCHELL, KELLY 352.00 wf 102241 08/26/05 MATHEYS, ALANA 2,280.15 wf 102242 08/26/05 HANSEN, LORI 2,079.60 wf 102243 08/26/05 PALANK, MARY 1,860.27 wf 102244 08/26/05 SVENDSEN, JOANNE 2,054.58 wf 102245 08/26/05 SHORTREED, MICHAEL 4,213.81 wf 102246 08/26/05 WELCHLIN, CABOT 2,793.76 wf 102247 08/26/05 BAUMAN, ANDREW 248.00 wf 102248 08/26/05 FREBERG, RONALD 2,154.53 wf 102249 08/26/05 HOEPPNER, STEVEN 880.00 wf 102250 08/26/05 JAROSCH, JONATHAN 992.80 wf 102251 08/26/05 EDSON, DAVID 2,152.44 wf 102252 08/26/05 GORE, MICHAEL 792.00 wf 102253 08/26/05 HELEY, ROLAND 2,139.63 wf 102254 08/26/05 HINNENKAMP, GARY 2,110.23 wf 102255 08/26/05 LEVDORFF, DENNIS 2,096.84 wf 102256 08/26/05 LUND, MARK 616.00 wf 102257 08/26/05 NOVAK, MICHAEL 2,057.03 wf 102258 08/26/05 BERGREN, KIRSTEN 146.25 wf 102259 08/26/05 GERNES, CAROLE 363.38 wf 102260 08/26/05 SOUTTER, CHRISTINE 202.50 wf 102261 08/26/05 BALLESTRAZZE, THAD 784.75 wf 102262 08/26/05 BENSON, CARLA 150.00 wf 102263 08/26/05 BUSMAN, CHRISTINA 72.00 wf 102264 08/26/05 GEBHARD, MADELINE 731.25 wf 102265 08/26/05 GOODRICH, DANIELLE 144.00 wf 102266 08/26/05 GRAF, ASHLEY 40.50 wf 102267 08/26/05 KELLY, JONATHAN 45.00 wf 102268 08/26/05 HAAG, MARK 2,022.19 wf 102269 08/26/05 NADEAU, EDWARD 3,373.88 wf 102270 08/26/05 GLASS, JEAN 2,069.14 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 102271 08/26/05 HER, CHONG 26.95 wf 102272 08/26/05 NAGEL, BROOKE 344.58 wf 102273 08/26/05 SHEA, JENNIFER 80.98 wf 102274 08/26/05 TOLBERT, FRANCINE 567.00 wf 102275 08/26/05 UNGER, MARGARET 71.29 wf 102276 08/26/05 VELASQUEZ, ANGELA 225.00 wf 102277 08/26/05 ANDERSON, CALEB 199.43 wf 102278 08/26/05 ANDERSON, JOSHUA 139.75 wf 102279 08/26/05 ANDERSON, JUSTIN 150.88 wf 102280 08/26/05 ANDERSON, RYAN 216.13 wf 102281 08/26/05 ARNEVIK, ERICA 70.00 wf 102282 08/26/05 BOTHWELL, ERINN 178.20 wf 102283 08/26/05 BOTHWELL, KRISTIN 409.23 wf 102284 08/26/05 BRENEMAN, SEAN 190.88 wf 102285 08/26/05 COSTA, JOSEPH 169.05 wf 102286 08/26/05 DEMPSEY, BETH 139.80 wf 102287 08/26/05 DUNN, RYAN 686.79 wf 102288 08/26/05 FLICKINGER, JUANITA 22.75 wf 102289 08/26/05 GRANT, MELISSA 381.45 wf 102290 08/26/05 GRUENHAGEN, LINDA 335.80 wf 102291 08/26/05 HAGSTROM, EMILY 284.38 wf 102292 08/26/05 HEINN, REBECCA 144.00 wf 102293 08/26/05 JOHNSON, STETSON 247.50 wf 102294 08/26/05 KOZA, KAREN 342.58 wf 102295 08/26/05 LEMAY, KATHERINE 329.86 wf 102296 08/26/05 LUTZ, CHRISTINA 117.00 wf 102297 08/26/05 MCCANN, NATALIE 24.75 wf 102298 08/26/05 MCMAHON, MELISSA 646.45 wf 102299 08/26/05 MILLS, ANNE 401.25 wf 102300 08/26/05 NWANOKWALE, MORDY 91.00 wf 102301 08/26/05 PEHOSKI, JOEL 320.41 wf 102302 08/26/05 PETERSON, ANNA 196.63 wf 102303 08/26/05 RICHTER, NANCY 204.00 wf 102304 08/26/05 ROGNESS, TRYGGVE 147.28 wf 102305 08/26/05 ROSTRON, ROBERT 133.25 wf 102306 08/26/05 RYDEEN, ARIEL 323.45 wf 102307 08/26/05 SCHMIDT, EMILY 201.01 wf 102308 08/26/05 SCHOMMER, SUMMERS 60.75 wf 102309 08/26/05 SCHRAMM, BRITTANY 230.50 wf 102310 08/26/05 SCHREINER, MICHELLE 490.35 wf 102311 08/26/05 SMITLEY, SHARON 431.10 wf 102312 08/26/05 STAHNKE, AMY 208.25 wf 102313 08/26/05 TRUE, ANDREW 393.39 wf 102314 08/26/05 WARNER, CAROLYN 95.80 wf 102315 08/26/05 WEDES, CARYL 163.45 wf 102316 08/26/05 WHITE, NICOLE 400.26 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 102317 08/26/05 WOLFGRAM, MARY 26.00 wf 102318 08/26/05 WOODMAN, ALICE 154.73 wf 102319 08/26/05 BOSLEY, CAROL 54.00 wf 102320 08/26/05 DOBBS, SYDNEY 61.75 wf 102321 08/26/05 LEWIS, AMY 175.00 wf 102322 08/26/05 ODDEN, JESSICA 118.16 wf 102323 08/26/05 OIE, REBECCA 17.13 wf 102324 08/26/05 PARAYNO, GUAI 327.45 wf 102325 08/26/05 SATTLER, MELINDA 217.80 wf 102326 08/26/05 STODGHILL, AMANDA 119.93 wf 102327 08/26/05 VAN HALE, PAULA 115.05 wf 102328 08/26/05 ANDERSON, MATT 206.15 wf 102329 08/26/05 BALDWIN, JANA 343.80 wf 102330 08/26/05 DOUGLASS, TOM 1,219.57 wf 102331 08/26/05 HER, PHENG 122.00 wf 102332 08/26/05 GGRADY, VICTORIA 48.65 wf 102333 08/26/05 GGRADY, ZACHARY 20.85 wf 102334 08/26/05 OLSON, CHRISTINE 86.45 wf 102335 08/26/05 SCHOENECKER, LEIGH 165.10 wf 102336 08/26/05 SIMPSON, JOSEPH 118.40 wf 102337 08/26/05 SIMPSON, KIMBERLYN 128.58 wf 102338 08/26/05 STRONG, EMILY 50.80 wf 102339 08/26/05 VAIL, LUCILLE 98.25 wf 102340 08/26/05 VANG, HUE 25.40 wf 102341 08/26/05 VANG, KAY 93.10 wf 102342 08/26/05 VANG, TIM 201.95 wf 102343 08/26/05 VUE,LORPAO 304.80 wf 102344 08/26/05 XIONG, HLAO 57.15 521,245.94 15 Transaction Review For Transactions posted between 08/06/2005 to 08/19/2005 Posting Date Merchant Name Trans Amount Name 08/16/2005 T- MOBILE 76.11 ANDREASINDT 08/11/2005 FEDEX KINKO'S #0617 19.90 ANN E HUTCHINSON 08/11/2005 PARTY AMERICA 1008 56.68 ANN E HUTCHINSON 08/15/2005 KMART 00071068 34.14 ANN E HUTCHINSON 08/19/2005 CUB FOODS, INC. 48.51 AUDRA ROBBINS 08/19/2005 TARGET 00011858 52.41 AUDRA ROBBINS 08/15/2005 EAT INC 146.58 CLARENCE GERVAIS 08/10/2005 G & K SERVICES 006 163.70 DAVID FISHER 08/10/2005 G & K SERVICES 006 129.12 DAVID FISHER 08/12/2005 G & K SERVICES 006 44.29 DAVID FISHER 08/12/2005 HENRIKSEN ACE HARDWARE 12.76 DAVID JAHN 08/16/2005 MENARDS 3022 35.66 DENNIS LINDORFF 08/19/2005 AMERICAN IRRIGATION 527.37 DENNIS LINDORFF 08/10/2005 VALLEY TROPHY 229.39 FLINT KARIS 08/18/2005 OAKDALE RENTAL CENTER 137.39 GARY HINNENKAMP 08/10/2005 TARGET 00011858 11.02 HEIDI CAREY 08/12/2005 FEDEX KINKO'S #0617 104.37 HEIDI CAREY 08/19/2005 MICHAELS #2744 43.48 HEIDI CAREY 08/19/2005 FEDEX KINKO'S #0617 69.65 HEIDI CAREY 08/16/2005 NUCO2 01 OF 01 87.33 JIM BEHAN 08/16/2005 NUCO2 01 OF 01 72.85 JIM BEHAN 08/16/2005 NUCO2 01 OF 01 52.83 JIM BEHAN 08/16/2005 NUCO2 01 OF 01 84.77 JIM BEHAN 08/17/2005 WW GRAINGER 9002 132.06 JIM BEHAN 08/18/2005 HENRIKSEN ACE HARDWARE 83.20 JIM BEHAN 08/17/2005 S & T OFFICE PRODUCTS 104.41 JOANNE M SVENDSEN 08/09/2005 VARDA COMPANY 79.00 JOHN BANICK 08/17/2005 STREICHER'S 1,819.85 JOHN BANICK 08/19/2005 AIRGAS NORTH CENTRAL 302 1,791.52 JOHN BANICK 08/19/2005 FREDPRYOR/CAREERTRACK 179.00 JOHN BANICK 08/17/2005 SEARS ROEBUCK 1122 39.91 JOHN DUCHARME 08/12/2005 WALL STREET DELIE 5.17 JON A MELANDER 08/12/2005 SBARRO 457 9.26 JON A MELANDER 08/15/2005 HRC- DENVER 10011724 34.23 JON A MELANDER 08/15/2005 VSA- COLORADO CONVENTN CTR 11.75 JON A MELANDER 08/15/2005 MARRIOTT 33759 DENVER CC 556.90 JON A MELANDER 08/18/2005 GRUBERS POWER EQUIPMENT 77.58 JOSEPH WATERS 08/11/2005 DOCK CAFE 50.00 JUDY TETZLAFF 08/19/2005 S & T OFFICE PRODUCTS 22.76 KATHLEEN PECK HALL 08/17/2005 OFFICE MAX 00002204 28.73 LINDA CROSSON 08/17/2005 INDUSTRIAL SUPPLY CO INC 66.14 LYLE SWANSON 08/18/2005 EL REINHARDT COMPANY INC 94.57 LYLE SWANSON 08/15/2005 CUB FOODS, INC. 8.59 MANDY ANZALDI 08/15/2005 LAKESHORE LEARNING STORE 79.93 MANDY ANZALDI 08/17/2005 RAINBOW FOODS 00088526 14.33 MANDY ANZALDI 08/17/2005 RAINBOW FOODS 00088526 2.49 MANDY ANZALDI 08/17/2005 CUB FOODS, INC. 46.19 MANDY ANZALDI 08/19/2005 RAINBOW FOODS 00088526 6.07 MANDY ANZALDI 08/16/2005 WHEELER LUMBER 34.93 MARK MARUSKA 08/18/2005 MAPLEWOOD PARKS AND RECRE 55.00 MYCHAL FOWLDS 08/11/2005 MAPLEWOOD COMMUNITY CNTR 0.01 NICK FRANZEN 08/11/2005 MAPLEWOOD COMMUNITY CNTR 0.05 NICK FRANZEN 08/18/2005 CIRCUIT CITY SS #3137 12.76 NICK FRANZEN 08/19/2005 BEST BUY 00000109 8.51 NICK FRANZEN 08/19/2005 INSIGHT PUBLIC SECTOR 54.32 NICK FRANZEN 16 08/12/2005 MICHAELS #9401 22.40 OAKLEY BIESANZ 08/12/2005 TARGET 00000687 15.28 OAKLEY BIESANZ 08/15/2005 BYERLY'S ST. PAUL 9.87 OAKLEY BIESANZ 08/11/2005 BUYDIG WORLDWIDE DIRECT 560.92 PHILIP F POWELL 08/12/2005 BATTERIES PLUS 4.88 PHILIP F POWELL 08/17/2005 RITZ CAMERA #396 138.36 PHILIP F POWELL 08/18/2005 SIRCHIE FINGERPRINT LABS 347.74 PHILIP F POWELL 08/19/2005 WOLF CAMERA #1530 18.94 PHILIP F POWELL 08/19/2005 DR *SCANSOFT.COM 117.09 PHILIP F POWELL 08/17/2005 TARGET 00011858 146.91 ROBERT PRECHTEL 08/17/2005 TARGET 00011858 110.04 ROBERT PRECHTEL 08/17/2005 BATTERIES PLUS 31.93 ROBERT PRECHTEL 08/19/2005 UNIFORMS UNLIMITED INC 100.00 ROBERT PRECHTEL 08/12/2005 THE HOME DEPOT 2801 69.17 ROGER BREHEIM 08/12/2005 BEST BUY 00000109 72.41 ROGER BREHEIM 08/17/2005 HENRIKSEN ACE HARDWARE 4.24 ROGER BREHEIM 08/19/2005 HENRIKSEN ACE HARDWARE 99.57 ROGER BREHEIM 08/18/2005 AKA *ADOLF KIEFER ASSOC 54.85 RON HORWATH 08/19/2005 THE HOME DEPOT 2801 2.88 RUSSELL L SCHMIDT 08/11/2005 JEFFERSON FIRE & SAFETY I 624.00 RUSTIN SVENDSEN 08/12/2005 WALL STREET DELIE 5.17 RUSTIN SVENDSEN 08/15/2005 VSA- COLORADO CONVENTN CTR 21.25 RUSTIN SVENDSEN 08/15/2005 MARRIOTT 33759 DENVER CC 556.90 RUSTIN SVENDSEN 08/18/2005 ANCOM TECHNICAL CENTER IN 3.20 RUSTIN SVENDSEN 08/17/2005 CABLING SERVICES CORPORAT 1,653.14 STEVE HURLEY 08/17/2005 KATH AUTO PARTS 95.39 STEVEN PRIEM 08/17/2005 FACTORY MOTOR PARTS 403.32 STEVEN PRIEM 08/17/2005 FACTORY MOTOR PARTS 72.85 STEVEN PRIEM 08/19/2005 MERIT CHEVROLET 64.23 STEVEN PRIEM 08/18/2005 ZEP MANUFACTURING 73.87 STEVEN PRIEM 08/18/2005 KATH AUTO PARTS NSP 28.69 STEVEN PRIEM 08/19/2005 ZIEGLER INC - RETAIL 60.64 STEVEN PRIEM 08/19/2005 KATH AUTO PARTS 29.52 STEVEN PRIEM 08/19/2005 DAVIS /SUN TURF /ST. PAUL 26.11 STEVEN PRIEM 08/19/2005 DAVIS /SUN TURF /ST. PAUL 85.90 STEVEN PRIEM 08/12/2005 QUILL CORPORATION 43.54 SUSAN ZWIEG 08/18/2005 PIZZA MAN 50.00 SUSAN ZWIEG 08/19/2005 NEXTEL *WIRELESS SVCS 1,084.91 WILLIAM J PRIEFER TOTAL 14,659.64 17 Transaction Review 8/23 /2005 For Trnnsaetions posted between 08/06/2005 to 08/19/2005 Post Date Vendor Name Settlement Amt Cardholder Name 08/10/2005 VERIZON WRLS I2KW 62.03 R CHARLES ABE 08/10/2005 G & K SERVICES 006 16 1. 10 BRUCE K ANDERSON 08/10/2005 G & K SERVICES 006 377.48 BRUCE K ANDERSON 08/18/2005 DPMS INC 987.02 SCOTT ANDREWS 08/18/2005 DPMS INC 744.97 SCOTT ANDREWS 08/09/2005 JOANN ETC #1970 7553 MANDY ANZALDI 08/10/2005 CUB FOODS, INC. 4257 MANDY ANZALDI 08/08/2005 GRAFIX SHOPPE 202.35 JOHN BANICK 08/08/2005 SHRED -IT 103.23 JOHN BANICK 08/09/2005 MN PHOTO 3.82 JOHN BANICK 08/10/2005 MN PHOTO 23.25 JOHN BANICK 08/15/2005 MN PHOTO 953 JOHN BANICK 08/15/2005 MN PHOTO 38.28 JOHN BANICK 08/17/2005 GOODYEAR AUTO SRV CT 6920 44.00 JOHN BANICK 08/18/2005 ARDEN SHOREVIEW AN HOSPT 447.30 JOHN BANICK 08/08/2005 WW GRAINGER 500 701.38 JIM BEHAN 08/09/2005 ALL MAIN STREET ELECTRIC 530.75 JIM BEHAN 08/10/2005 MINNESOTA ELEVATOR INC 1,617.00 JIM BEHAN 08/10/2005 SIMPLEX GRINNELL WEB P 285.00 JIM BEHAN 08/10/2005 STATE SUPPLY CO. INC 703.06 JIM BEHAN 08/10/2005 KOALA CORPORATION 88.10 JIM BEHAN 08/10/2005 HORIZON POOL SUPPLY 198.86 JIM BEHAN 08/11/2005 PARK SUPPLY INC 67.95 JIM BEHAN 08/08/2005 CUB FOODS - SUN RAY 36.40 OAKLEY BIESANZ 08/08/2005 MICHAELS #9401 23.02 OAKLEY BIESANZ 08/08/2005 MICHAELS #9401 1257 OAKLEY BIESANZ 08/09/2005 BESTBUY 00000109 95.84 ROGERBREHEIM 08/11/2005 CITI -CARGO 214.03 ROGERBREHEIM 08/19/2005 CITI -CARGO 10650 ROGERBREHEIM 08/09/2005 PAPER DEPOT 27.03 HEIDI CAREY 08/12/2005 DGI DYNAMIC GRAPHICS 79.00 HEIDI CAREY 08/18/2005 TARGET 00011858 26.65 ROBERTA DARST 08/18/2005 S & T OFFICE PRODUCTS 79.18 ROBERTA DARST 08/11/2005 GOVERNMENT FINANCE OFFIC 300.00 DANIEL F FAUST 08/12/2005 VRZN WRLS VZSRVE W 73.60 DANIEL F FAUST 08/10/2005 WASTE MANAGEMENT 343.17 DAVID FISHER 08/10/2005 WASTE MANAGEMENT 343.17 DAVID FISHER 08/11/2005 DEEP ROCK WATER 58.95 DAVID FISHER 08/12/2005 DALCO ENTERPRISES, INC 586.01 DAVID FISHER 08/18/2005 DALCO ENTERPRISES, INC 10.29 DAVID FISHER 08/08/2005 INSIGHT PUBLIC SECTOR 273.81 MYCHAL FOWLDS 08/10/2005 BARNES &NOBLE #2614 191.69 MYCHAL FOWLDS 08/15/2005 S & T OFFICE PRODUCTS 182.62 JEAN GLASS 08/08/2005 NORTHSTAR INTL LEASING 287.17 MIKE GRAF 08/15/2005 ANDON BALLOONS INC - 2 87.60 MIKE GRAF 08/11/2005 DEGE GARDEN CENTER 9.46 JANET M GREW HAYMAN 08/15/2005 RAINBOW FOODS 00088526 30.60 JANET M GREW HAYMAN 08/15/2005 RAINBOW FOODS 00088526 12.32 JANET M GREW HAYMAN 08/15/2005 RAINBOW FOODS 00088526 3.48 JANET M GREW HAYMAN 08/15/2005 DEGE GARDEN CENTER 3.18 JANET M GREW HAYMAN 08/15/2005 MENARDS 3022 21.40 JANET M GREW HAYMAN 08/19/2005 TASTEFUL THYMUS COMPANY 187.95 JANET M GREW HAYMAN 08/11/2005 PROPERTYKEY.COM, INC. 50.00 KAREN E GUILFOILE 08/12/2005 VERIZON WRLS I2KW 63.95 KAREN E GUILFOILE 08/18/2005 INTEREUM INC 616.64 KAREN E GUILFOILE 08/18/2005 INTEREUM INC 165.00 KAREN E GUILFOILE 08/18/2005 INTEREUM INC 1358 KAREN E GUILFOILE 08/18/2005 INTEREUM INC 1133.09 KAREN E GUILFOILE 08/18/2005 INTEREUM INC 1,132.00 KAREN E GUILFOILE In Post Date Vendor Name Settlement Amt Cardholder Name 08/19/2005 INT L INST OF MUNI CLE 61.00 KAREN E GUILFOILE 08/19/2005 HOLE PUNCH UNIVERSE 93.99 KAREN E GUILFOILE 08/09/2005 ST PAUL STAMP WORKS IN 97.07 LORI HANSON 08/17/2005 S & T OFFICE PRODUCTS 13.96 LORI HANSON 08/08/2005 MENARDS 3059 3.92 GARY HINNENKAMP 08/08/2005 CONTINENTAL RESEARCH 205.21 RON HORWATH 08/08/2005 NPC NEW PIG CORP 7354 RON HORWATH 08/15/2005 LAKESHORE LEARNING STORE 42.09 RON HORWATH 08/11/2005 NEXTEL WRLESSSVCS 52.83 STEVE HURLEY 08/19/2005 NEXTEL WRLESSSVCS 201.12 STEVE HURLEY 08/08/2005 WOLF CAMERA #1541 10.69 ANNE HUTCHINSON 08/08/2005 WOLF CAMERA #1541 -10.69 ANN E HUTCHINSON 08/11/2005 NEXTEL WRLESSSVCS 40.12 ANNE HUTCHINSON 08/09/2005 MENARDS 3059 17.00 DON JONES 08/09/2005 WALGREEN 00016873 32.42 FLINT KARIS 08/09/2005 BATTERIES PLUS 57.77 FLINT KARIS 08/08/2005 CUB FOODS, INC. 42.16 MARY B KOEHNEN 08/15/2005 POWER SYSTEMS INC 67.88 MARY B KOEHNEN 08/08/2005 UNIFORMS UNLIMITED INC 124.41 DAVID KVAM 08/15/2005 UNIFORMS UNLIMITED INC 1,683.72 DAVID KVAM 08/10/2005 WASTE MANAGEMENT 262.46 STEVE LUKEQ 08/11/2005 NEXTEL WRLESSSVCS 879.82 STEVELUKEQ 08/15/2005 MSP AIRPORT PA20002002 64.00 STEVE LUKEQ 08/15/2005 MARRIOTT 33759 DENVER CC 558.62 STEVE LUKEQ 08/16/2005 EMERGENCY APPARATUS MAINE 1,713.28 STEVE LUKEQ 08/16/2005 EMERGENCY APPARATUS MAINE 1,242.05 STEVE LUKEQ 08/16/2005 EMERGENCY APPARATUS MAINE 1,844.07 STEVE LUKIN 08/16/2005 EMERGENCY APPARATUS MAINE 1,874.28 STEVE LUKEQ 08/17/2005 VERIZON WRLS I2KW 57.38 STEVE LUKEQ 08/19/2005 NORMS TIRE SALES, 2450 STEVE LUKEQ 08/19/2005 METRO SALES INC 271.49 STEVE LUKEQ 08/08/2005 HENRIKSEN ACE HARDWARE 180.73 MARK MARUSKA 08/08/2005 LTG POWER EQUIPMENT 76.00 MARK MARUSKA 08/10/2005 WASTE MANAGEMENT 749.21 MARK MARUSKA 08/10/2005 G & K SERVICES 006 754.47 MARK MARUSKA 08/12/2005 AMERICAN FASTENER00 OF 00 22250 MARK MARUSKA 08/12/2005 WASTE MANAGEMENT 663.61 MARK MARUSKA 08/17/2005 VERIZON WRLS I2KW 40.49 MARK MARUSKA 08/10/2005 INTL ASSOC OF FIRE CHIEFS 195.00 JON A MELANDER 08/17/2005 VERIZON WRLS I2KW 62.23 ED NADEAU 08/10/2005 RED WING SHOE STORE 164.00 BRYAN NAGEL 08/10/2005 RED WING SHOE STORE -24.60 BRYAN NAGEL 08/18/2005 CINTAS FIRST AID #0431 32.46 BRYAN NAGEL 08/09/2005 S & T OFFICE PRODUCTS 46.23 JEAN NELSON 08/08/2005 S & T OFFICE PRODUCTS 75.85 AMY NIVEN 08/08/2005 S & T OFFICE PRODUCTS 10.17 AMY NIVEN 08/10/2005 G & K SERVICES 006 132.60 AMY NIVEN 08/10/2005 G & K SERVICES 006 5559 AMY NIVEN 08/10/2005 G & K SERVICES 006 76.71 AMY NIVEN 08/10/2005 G & K SERVICES 006 112.26 AMY NIVEN 08/10/2005 G & K SERVICES 006 78.39 AMY NIVEN 08/10/2005 G & K SERVICES 006 19.94 AMY NIVEN 08/11/2005 PROPERTYKEY.COM, INC. 50.00 DENNIS PECK 08/08/2005 S & T OFFICE PRODUCTS 36.12 KATHLEEN PECK HALL 08/08/2005 FUJI FILM 20.33 PHILIP F POWELL 08/11/2005 ORION SAFETY PRODUCTS 246.45 PHILIP F POWELL 08/08/2005 EMERGENCY MEDICAL PROD 338.01 ROBERT PRECHTEL 08/08/2005 TOUSLEY FORD 127290021 17.79 ROBERT PRECHTEL 08/18/2005 CINTAS FIRST AID #0431 31.76 WILLIAM J PRIEFER 08/08/2005 SUNRAY BTB 1.21 STEVEN PRIEM 08/08/2005 KATH AUTO PARTS NSP 9656 STEVEN PRIEM 08/08/2005 SUNRAY BTB 39.15 STEVEN PRIEM 08/09/2005 KATH AUTO PARTS 91.08 STEVEN PRIEM 19 Post Date Vendor Name Settlement Amt Cardholder Name 08/10/2005 FACTORY MOTOR PARTS 36.42 STEVEN PRIEM 08/10/2005 FACTORY MOTOR PARTS 36.42 STEVEN PRIEM 08/11/2005 TOUSLEY FORD 127200039 195.10 STEVEN PRIEM 08/11/2005 MACQUEEN EQUIPMENT INC 382.49 STEVEN PRIEM 08/11/2005 KATH AUTO PARTS NSP 143.42 STEVEN PRIEM 08/12/2005 AMERICAN FASTENER00 OF 00 9654 STEVEN PRIEM 08/12/2005 MTI DISTRIBUTING, INC. -PL 248.18 STEVEN PRIEM 08/15/2005 SUNRAY BTB 6155 STEVEN PRIEM 08/15/2005 KATH AUTO PARTS NSP 45.80 STEVEN PRIEM 08/15/2005 EAT INC 28.12 STEVEN PRIEM 08/18/2005 SUNRAY BTB 205.81 STEVEN PRIEM 08/08/2005 AAA PRICE COM INC 512.90 KEVIN RABBETT 08/08/2005 PORTABLE COMPUTER SYSTEMS 233.00 KEVIN RABBETT 08/11/2005 THE TAPE COMPANY 11250 KEVIN RABBETT 08/08/2005 NOVACARE REHB/HEALT 180.00 TERRIE RAMEAUX 08/10/2005 PIONEER PRESS ADVERTISIN 1,216.64 TERRIE RAMEAUX 08/08/2005 DALCO ENTERPRISES, INC 6.36 MICHAEL REILLY 08/08/2005 DALCO ENTERPRISES, INC 510.48 MICHAEL REILLY 08/15/2005 DALCO ENTERPRISES, INC 48252 MICHAEL REILLY 08/08/2005 OLD LOG THEATER, LTD 329.00 AUDRA ROBBINS 08/08/2005 CUB FOODS, INC. 75.84 AUDRA ROBBINS 08/09/2005 CUB FOODS, INC. 109.89 AUDRA ROBBINS 08/11/2005 CASCADE BAY 536.00 AUDRA ROBBINS 08/12/2005 CUB FOODS, INC. 14.29 AUDRA ROBBINS 08/12/2005 TARGET 00011858 5 1. 10 AUDRA ROBBINS 08/15/2005 TARGET 00011858 17.46 AUDRA ROBBINS 08/17/2005 TARGET 00011858 16.61 AUDRA ROBBINS 08/18/2005 CUB FOODS, INC. 2150 AUDRA ROBBINS 08/09/2005 GARCEAU HARDWARE AND POWE 90.46 ROBERT RUNNING 08/09/2005 TWIN CITY SAW CO 31.99 ROBERT RUNNING 08/09/2005 MENARDS 3059 4.32 ROBERT RUNNING 08/09/2005 MENARDS 3059 24.47 ROBERT RUNNING 08/11/2005 S & T OFFICE PRODUCTS 26.88 DEB SCHMIDT 08/15/2005 CURTIS 1000 74.76 DEB SCHMIDT 08/15/2005 CURTIS 1000 60.97 DEB SCHMIDT 08/19/2005 CURTIS 1000 57.28 DEB SCHMIDT 08/08/2005 HILLCREST DAIRY QUEEN 20.33 RUSSELL L SCHMIDT 08/08/2005 ARAMARK REF SVS #6013- 337.95 RUSSELL L SCHMIDT 08/10/2005 G & K SERVICES 006 44.48 GERALD SEEGER 08/10/2005 MENARDS 3022 14.65 GERALD SEEGER 08/08/2005 KWE KIPLINGER EDITORS 59.00 ANDREA SINDT 08/17/2005 VERIZON WRLS I2KW 45.30 ANDREA SINDT 08/18/2005 S & T OFFICE PRODUCTS 140.67 ANDREA SINDT 08/08/2005 PARTY AMERICA 1008 21.28 PAULINE STAPLES 08/10/2005 NORTHERN TOOL EQUIPMNT 53.24 SCOTT STEFFEN 08/15/2005 S & T OFFICE PRODUCTS 358.13 JOANNE M SVENDSEN 08/19/2005 METRO SALES INC 898.00 JOANNE M SVENDSEN 08/18/2005 THE HOME DEPOT 2801 7.86 RONALD SVENDSEN 08/09/2005 CRAWFORD DOOR SALES CO OF 1,18350 AUSTIN SVENDSEN 08/09/2005 CRAWFORD DOOR SALES CO OF 200.00 AUSTIN SVENDSEN 08/12/2005 PHILIPS MEDICAL SYSTEMS 503.21 AUSTIN SVENDSEN 08/16/2005 EDEN PRAIRIE TUITION OFFI 20.00 AUSTIN SVENDSEN 08/18/2005 INTERSTATE ALL BATTERY 18154 AUSTIN SVENDSEN 08/08/2005 HENRIKSEN ACE HARDWARE 222.66 LYLE SWANSON 08/08/2005 VENBURG TIRE COMPANY 9.96 LYLE SWANSON 08/10/2005 OFFICE MAX 00002204 851 LYLE SWANSON 08/10/2005 BATTERIES PLUS 14.90 LYLE SWANSON 08/12/2005 ALL MAIN STREET ELECTRIC 288.00 LYLE SWANSON 08/08/2005 ON SITE SANITATION, IN 416.75 DOUGLAS J TAUBMAN 08/15/2005 ON SITE SANITATION, IN 1,705.42 DOUGLAS J TAUBMAN 08/15/2005 ON SITE SANITATION, IN 416.75 DOUGLAS J TAUBMAN 08/08/2005 QWESTCOMM TN612 115.02 JUDY TETZLAFF 08/08/2005 QWESTCOMM TN612 5751 JUDY TETZLAFF Post Date Vendor Name 08/08/2005 QWESTCOMM TN612 08/08/2005 QWESTCOMM TN612 08/08/2005 QWESTCOMM TN612 08/08/2005 QWESTCOMM TN612 08/08/2005 QWESTCOMM TN612 08/08/2005 QWESTCOMM TN612 08/08/2005 QWESTCOMM TN612 08/08/2005 QWESTCOMM TN612 08/08/2005 LAUDY E RIBAR CO INC 08/08/2005 VIKING #1090 08/12/2005 KNEEDEFENDER.COM 08/15/2005 VIKING #1090 Settlement Amt Cardholder Name 240.08 JUDY TETZLAFF 5751 JUDY TETZLAFF 86.27 JUDY TETZLAFF 5751 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 372.92 JUDY TETZLAFF 46.20 JUDY TETZLAFF 111.23 SUSAN ZWIEG 18.90 SUSAN ZWIEG 21.29 SUSAN ZWIEG 46,080.70 21 vchlist Check Register Page: 1 09/02/2005 City of Maplewood Check Date Vendor Description /Account Amount 67838 8/31/2005 01692 U S POSTAL SERVICE BUSINESS REPLY PERMIT #4903- 150.00 67839 9/6/2005 00014 AT&T MANAGED INTERNET SRV - AUG 1,013.60 67840 9/6/2005 03451 ACE OF SPADES LEGACY PARK WATERING 2,000.00 67841 9/6/2005 01908 ADMINISTRATION, DEPT OF WIDE AREA NETWORK - JUL 392.00 67842 9/6/2005 02106 ADVANCED BUSINESS SYSTEMS, INC HP LJ2200 PRINTER SERVICE 85.00 67843 9/6/2005 00064 ALDRIDGE, MARK REIMB FOR MEAL 8/18 11.00 67844 9/6/2005 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING SRVS 1,746.32 67845 9/6/2005 03375 ASHBY, MARK POLICE IMPOUND LOT LEASE - 1,000.00 67846 9/6/2005 00131 ASPEN EQUIPMENT CO DUMP BODIES FOR SINGLE AXLE 37,141.86 67847 9/6/2005 00174 BELDE, STAN K -9 MAINTENANCE - SEP 35.00 67848 9/6/2005 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREMIUM 124,905.00 67849 9/6/2005 01922 BREHEIM, ROGER CELL PHONE REIMB - SEP 15.00 67850 9/6/2005 02149 CAREY, HEIDI REIMB FOR MILEAGE 3/28 - 5/25 10.53 REIMB FOR MILEAGE 6/14 -8/17 30.78 67851 9/6/2005 02585 CENTRAL INTERNAL MEDICINE FITNESS PROGRAM STRESS TEST 150.00 67852 9/6/2005 02929 CNAGLAC LONG TERM CARE INS 907.04 67853 9/6/2005 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 326.54 67854 9/6/2005 00103 EARL F ANDERSON INC HANGER CLAMP & SPACER TUBE 58.58 67855 9/6/2005 03463 EBERT CONSTRUCTION APPLEWOOD PARK 50,493.43 67856 9/6/2005 02168 FINLEY BROS INC REPAIR/RESURFACE BB & TENNIS 13,730.00 67857 9/6/2005 00529 FORTIS BENEFITS INSURANCE CO STD PLAN 4043120 -0 -1 SEP 1,573.17 MONTHLY LTD PREMIUM 2,368.51 67858 9/6/2005 02798 GALBRAITH, CHRISTOPHER SOCCER CLINIC INSTRUCTOR 200.00 67859 9/6/2005 00589 GRAF, DAVE KARATE INSTRUCTOR - AUG 165.00 67860 9/6/2005 00668 HIEBERT, STEVEN K -9 MAINTENANCE - SEP 35.00 67861 9/6/2005 00719 INDEPENDENT SCHOOL DIST #622 TARTAN ARENA OPERATION 1/3 138,119.82 67862 9/6/2005 02861 LARSON CONTRACTING SAND FOR PW BUILDING SITE 2,300.00 67863 9/6/2005 00908 M R P A MCC ADVERTISING 100.00 67864 9/6/2005 00936 MAPLEWOOD HISTORICAL SOCIETY CHARITABLE GAMBLING FUNDS 10,120.00 67865 9/6/2005 01946 MEDICA FINANCE DEPT REFUND AMB BASIL BEAUVAIS 539.81 67866 9/6/2005 02872 METLIFE SBC MONTHLY DENTAL PREM 9,264.51 67867 9/6/2005 00985 METROPOLITAN COUNCIL WASTEWATER -SEP 185,478.30 67868 9/6/2005 01085 MN LIFE INSURANCE MONTHLY PREMIUM 3,811.70 67869 9/6/2005 01103 MOODY'S INVESTORS SERVICE BOND RATING FEE 3,250.00 67870 9/6/2005 00001 ONE TIME VENDOR REF WILLIAM MILLER -DUP PYMT 120.27 67871 9/6/2005 00001 ONE TIME VENDOR REF GWEN RAHN - OVERPAID DAY 108.50 67872 9/6/2005 00001 ONE TIME VENDOR REF M WINSTON - DAY CAMP 85.00 67873 9/6/2005 00001 ONE TIME VENDOR REF STEPHEN HANSON - SOCCER 50.00 67874 9/6/2005 01250 PECK, DENNIS REIMB FOR PARKING & MILEAGE 13.91 67875 9/6/2005 00396 PUBLIC SAFETY, DEPT OF TRANSFER TITLES- 35.00 67876 9/6/2005 01370 ROAD RESCUE EMERGENCY VEHICLES 97 SERIES LENS 45.22 67877 9/6/2005 01387 ROSSINI, DR. JAMES FITNESS PROGRAM CONSULTANT 100.00 67878 9/6/2005 01418 SAM'S CLUB DIRECT NNO SUPPLIES 156.03 MERCH FOR RESALE 391.84 NNO SUPPLIES 206.16 NNO SUPPLIES 64.29 NNO SUPPLIES 76.40 MERCH FOR RESALE 142.60 MERCH FOR RESALE 200.63 67879 9/6/2005 01466 SKYHAWKS SPORTS ACADEMY SPORTS CLINICS 1,187.50 22 vchlist Check Register Page: 2 09/02/2005 City of Maplewood Check Date Vendor Description /Account Amount 67880 9/6/2005 01556 SPEEDWAY SUPERAMERICA LLC 67881 9/6/2005 01504 ST PAUL, CITY OF 67882 9/6/2005 01572 SYSTEMS SUPPLY, INC. 67883 9/6/2005 02652 TETZLAFF. JUDY 67884 9/6/2005 02464 US BANK 67885 9/6/2005 03194 VERNIX FORESTRY CONSULTANTS 67886 9/6/2005 01734 WALSH, WILLIAM P. 67887 9/6/2005 02462 WEMYSS, SCOTT D 67888 9/6/2005 01190 XCEL ENERGY FUEL 290.37 MEDICAL SUPPLIES 263.72 HP LASERJET 3700 TONER 129.78 HP LJ 8150 TONER 184.16 REIMB FOR TUITION & BOOKS 994.82 REIMB FOR TUITION & BOOKS 1,040.61 PAYING AGENT FEES 1,006.25 SHADE TREE DISEASE MGMT 3,325.83 COMMERCIAL PLUMBING INSP 271.15 NAMETAGS 47.00 MONTHLY UTILITY 541.70 MONTHLY UTILITY 573.92 MONTHLY UTILITY 549.88 MONTHLY UTILITY 648.33 MONTHLY UTILITY 737.05 MONTHLY UTILITY 4,816.40 51 Checks in this report Total checks : 609,931.82 23 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 08/25/05 08/26/05 08/25/05 08/26/05 08/26/05 08/26/05 08/26/05 08/29/05 08/26/05 08/26/05 08/26/05 08/30/05 08/26/05 08/31/05 08/29/05 08/31/05 08/26/05 08/26/05 08/26/05 08/26/05 08/29/05 08/29/05 08/29/05 08/30/05 08/30/05 08/30/05 08/30/05 08/31/05 08/31/05 09/01/05 09/01/05 09/01/05 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources Orchard Trust MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer Labor Unions Federal Reserve Bank MN State Treasurer WI Dept of Revenue MN State Treasurer ARC Administration US Bank 1111c•111raIIIIII Description Drivers License /Deputy Registrar Deferred Compensation DNR electronic licenses Deferred Compensation Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Drivers License /Deputy Registrar State Payroll Tax Union Dues Savings Bonds Drivers License /Deputy Registrar State Payroll Tax Drivers License /Deputy Registrar DCRP & Flex plan payments Credit Card fees Amount 11, 512.50 8,716.77 363.00 24, 917.00 12, 892.87 111, 259.78 60,176.18 16, 039.23 21, 679.30 2,418.46 100.00 24,482.89 1,887.53 24,356.01 1,066.16 2,166.96 324, 034.64 24 Agenda Item G.2 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Conditional Use Permit Review APPLICANT: John Schmelz — Countryside Motors LOCATION: 1180 Highway 36 East DATE: September 6, 2005 INTRODUCTION John Schmelz's conditional use permit (CUP) for the expansion of a nonconforming automobile repair facility and sales /storage lot at Countryside Motors, 1180 Highway 36 East, is due for review. The sales /storage lot was constructed of an innovative, environmentally beneficial pavement surface called Uni Eco -Stone and can accommodate the storage of up to 200 automobiles. The parking lot was designed to reduce stormwater runoff through infiltration within the surface, which alleviates the need for a large stormwater pond. BACKGROUND On March 31, 2003, the city council approved a CUP for the expansion of a nonconforming automobile repair facility and automobile sales /storage lot (both located closer than the required 350 feet to residential property). Refer to the March 31, 2003, city council minutes attached. On April 26, 2004, the city council approved the CUP and requested review again in one year. DISCUSSION The addition to the Saab building and the sales /storage lot were complete in the fall of 2003. Chuck Ahl, Public Works Director, states that the city's engineering department and the watershed district have been monitoring the new pervious pavement system and find that the storm water permeation results are favorable. Staff inspected the site to ensure compliance with the CUP and found all conditions were being met except that some of the required landscaping has died (four evergreen and one ornamental tree). All required landscaping which is dead or in poor health should be replaced by the end of the planting season this year (October 2005). RECOMMENDATION Approve John Schmelz's conditional use permit for the expansion of a nonconforming automobile repair facility and sales /storage lot at Countryside Motors located at 1180 Highway 36 East, and review the conditional use permit again in one year. P: \Sec9 \Countryside 2005 CUP Review Attachments: 1. Location Map 2. Site Plan 3. Elevations 4. March 31, 2003, City Council Minutes Attachment 1 Countryside Motors 1180 Highway 36 0 0 0 Expanded Sales /Storage Lot ❑ � Q a � 00 oaoao ❑o o a n o ❑ o0 0CJJ D o 0 o a n o ❑ 0 ❑o ❑0 0 0 1=11 =E1 El 0 4 00 El Location Map Countryside Motors Attachment 2 N Ma4Dp1ya�y m aroma a m N« =U rtwaee ii+ui rearm roc.a I �awceaneenw �naa¢e.ccxw�l -- � mwmcrw.y i I i I r i ' I I i I w = amawr_ _i!_ _l._ IL J_.. Site Plan Z\ _- .. _.. _.._.._.._.._.. 4-14 ] Ener ¢tvemi F' I i i I I Elevations Q Q Attachment 3 3 mnv � .nne. LL Attachment 4 and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost for Phase One of the improvement of $1,281000. 2. A public hearing shall be held on such proposed improvement on the 14th day of April 2003 in the council chambers of city hall at 7:30 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 20. Municipal State Aid Advance — Resolution for Advance of State Aid Funds Adopted the following resolution requesting an advance encumbrance of $1.000,000 to the Municipal State Aid account. RESOLUTION 03 -03 -040 ADVANCE OF STATE AID FUNDS WHEREAS, the City of Maplewood is planning on implementing Municipal State Aid Street projects in 2003 which will require state aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said city is prepared to proceed with the construction of said project through the use of advance encumbrances from the General State Aid Construction Account to supplement the available funds in their State Aid Construction Account, and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.13, Subdivision 6, and Minnesota Rules, Chapter 8820. NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street projects of the City of Maplewood in an amount of up to $1,000,000 in accordance with the Minnesota Rules 8820.1500, Subparagraph 9, and to authorize repayments from the following year's accruals to the construction account of the Municipal State Aid Street fund for said city. H. PUBLIC HEARINGS 7:00 p.m. Schmelz Countryside VW /Saab Expansion (1180 Highway 36) Parking Lot Setback Variance Resolution — Conditional Use Permit (CUP) for Expansion of Motor Vehicle Repair Facility- Conditional Use Permit (CUP) for Expansion of Motor Vehicle Sales Lot a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. C. Commissioner Trippler presented the Planning Commission Report. d. Associate Planner Finwall presented the Design Review Board Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: City Council 03 -31 -03 John Schmelz, Owner of Schmelz Countryside William McCully, Glen Rehbein Companies Gordon Anderson, 2255 Duluth Street, Maplewood Dale Trippler, 1201 Junction Avenue, Maplewood Jean Anderson, Gordon Anderson's daughter Will Rossbach, 1386 E. County Road C., Maplewood Greg Juenemann, 721 Mt. Vernon, Maplewood Mayor Cardinal closed the public hearing. Councilmember Collins moved to deny John Schmelz's request for a 15- foot - parking lot setback variance form a public right -of -way for the expansion of the sales /storage lot at this Countryside Motors automobile dealership at 1180 Highway 36 east. Seconded by Councilmember Juenemann Ayes - Councilmember Collins, Juenemann, and Wasiluk Nays -Mayor Cardinal and Councilmember Koppen Councilmember Koppen moved to adopt the following resolution approving a revision to the conditional use permit for John Schmelz's Countrvside Motors automobile dealership lo cated at 1180 Highway 36 east The revision is for the expansion for the nonconforming automobile repair and automobile sales (both located closer than the required 350 feet to the residentia property) A friendly amendment was added to strike condition 4 (staff should study the loading and unloading of vehicles condition and bring recommendations back to council): RESOLUTION 03 -03 -041 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, John Schmelz applied for a conditional use permit revision to expand his nonconforming automobile repair and automobile sales (both located closer than the required 350 feet to residential property). The revision includes an addition to the Saab building and an expansion of the automobile sales /storage lot. WHEREAS, this permit applies to Countryside Motors Automobile Dealership at 1 180 Highway 36 East. The legal description is: Existing Dealership Legal Description The west 105.00 feet of the east 135.00 feet of the north 30.00 feet of Block 10, Clifton Addition and vacated street accruing. The east 240.00 feet of Block 15, Clifton Addition, except the south 30.00 feet lying west of the east 135.00 feet thereof. Together with that part of vacated Cope Avenue accruing. The east 240.00 feet of that part of Block 16, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west 110.00 feet of that part of Block 17, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west 1 10.00 feet of Block 14, Clifton Addition, together with that part of vacated Cope Avenue accruing. City Council 03 -31 -03 The west 225.00 feet of east 255.00 feet of Block 10, Clifton Addition, together with that part of vacated Duluth Street accruing, except the south 174.00 feet and except the north 30.00 feet thereof. Proposed Sales Lot Legal Description That part of east 114 feet of the west 400 feet of Block 17, lying south of the southerly right -of -way line of Trunk Highway 36 and the east 114 feet of the west 400 feet of Block 14, lying north of the south 128 feet; and the east 290 feet of the west 400 feet of the north 98 feet of the south 128 feet of Block 14, all in Clifton Addition, Ramsey County, Minnesota, subject to roads. WHEREAS, the history of this conditional use permit revision is as follows: On March 3, 2003, the planning commission recommended that the city council approve this permit. 2. On March 31, 2003, 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 approved the above - described conditional use permit revision 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. 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. City Council D3 -31 -D3 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The construction of the proposed addition to the Saab building must be started within one year of city council approval or the approval for this addition shall end. The city council may extend this deadline for one year. 3. There shall be no automobile access, except emergency vehicles, to or from Duluth Street. 4. Automobiles shall only be parked on designated paved or engineered porous surfaces. 5. The applicant will enter into a formal easement agreement with St. Paul Regional Water Services and the City of Maplewood which satisfies both agencies' conditions for access to the public utility easements for water main (SPRWS) and sanitary and storm sewer (City of Maplewood). 6. The city council shall review this permit in one year. Seconded by CouncilmemberJuenemann Ayes -All Councilmember Collins m oved to approve the plans date - stamped January 24 2003. for the proposed Saab building addition and sales /storage lot expansion to Countrvside Motors automobile dealership at 1180 Highway 36 east 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. Signs shown on the site plan and building elevations are not part of this approval and will require separate sign permits. C. Submit the following for staff approval before the city issues a grading or building permit: (1) Final grading and drainage plan for the proposed Uni Eco -Stone Paving System and final utility and erosion control plans The grading plan must show no szradin2 within 10 feet of the watermain These plans must meet the requirements of the city engineer and city code If in the opinion of the city engineer. the Uni Eco -Stone Paving System is not functioning as described by the propertv owner. as documented by drainage problems in the area or to public drainage facilities. City Council 03 -31 -03 (1) Final b b b b > plans shall meet the requirements ef the eit� eede and the eity en b b g radin g -within . (1) Final grading and drainage plan for the proposed Uni Eco -Stone Paving System and final utility and erosion control plans The grading plan must show no szradin2 within 10 feet of the watermain These plans must meet the requirements of the city engineer and city code If in the opinion of the city engineer. the Uni Eco -Stone Paving System is not functioning as described by the propertv owner. as documented by drainage problems in the area or to public drainage facilities. City Council 03 -31 -03 the property owner shall have the Uni Eco -Stone Paving System removed and replaced with an asphalt paving and drainage pond system that would be subiect to the city engineers review and approval. (2) Verification that John Schmelz is the fee owner of the 30 -foot wide portion of the vacated Cope Avenue right -of -way that runs along the south portion of the expanded sales /storage lot property. (3) A revised site plan showing the following: (a) The new sales /storage lot is setback 20 feet from the eastern residential property line. (b) The new sales /storage lot is set back 15 feet from the frontage road right - of -way. (c) The proposed fence along the south property line of the new sales /storage lot is set back at least 10 feet from the watermain. (d) The existing chain -link fence in front of the Saab building be removed and replaced with a fence compatible with the required north sales /storage lot fence described below. (e) The location of a 20 -foot wide fire access drive aisle running from the frontage road to the entrance of the existing lot. This fire access aisle does not need to be striped on the new Uni Eco -Stone Paving System. however. the access aisle must be maintained at all times. (4) Elevations of the proposed fence and gate. The north fence, along the frontage road, shall include decorative pre -cast concrete columns. (5) Revised roof plan showing that all rooftop equipment and vents are located as close to the highest parapet wall as possible. (6) A revised landscape plan to include: (a) pees and shrubs Low - growth landscaping to be planted in front of the sales /storage lot, along the frontage road. (b) A row of columnar trees (narrow trees such as arborvitae or lindens) between Ember's parking lot and the new sales /storage lot. (c) Replacing the Colorado blue spruce with Black Hills spruce, increasing the number of spruce along the south side of the new sales storage lot to increase screening, and continuing the row of Black Hills spruce and City Council 03 -31 -03 Isanti dogwood along the top of the entire retaining wall (both south and east, adjacent both residential properties). (d) To ensure fie pafking an tep ef the utilit5 easement, rem evak44ny-.fav-4 vl,ithin 20 f F i, fe in fli uth .. -1, ,. let an ..t a bli s h ffi n t e f t r .1...ubs To ensure no parking on top of the utility easement in the existing south parking lot, the re- establishment of all required landscape material on the existing south parking lot, over the utility easement. is required. (e) A row of 6- foot -high Black Hills spruce spaced 15 feet on center to be planted on the south side of the existing parking lot within the required 20 -foot buffer area adjacent 2255 Duluth Street. (f) The requirement for an underground irrigation system is waived for the new sales /storage lot if the applicant submits an agreement to the city that ensures that the landscaping will be hand - watered and replaced if it dies. (7) A revised outdoor lighting and photometric plan. The revised plan shall show the height and style of all outdoor lights (including relocated lights), and that the light illumination from all outdoor lights does not exceed .4 foot candles at all property lines. (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. d. Complete the following before occupying the sales /storage lot: (I) Install all approved parking lot surface (i.e., bituminous and curb and gutter, or engineered porous surface). (2) Install the approved fence. (3) Install all required landscaping by June I if the sales /storage lot is finished in the fall or winter, or within six weeks of completion of the sales /storage lot if it is finished in the spring or summer. (4) Install all required exterior lights. (5) Enter into a formal easement agreement with St. Paul Regional Water Services and the City of Maplewood which satisfies both agencies' conditions for access to the public utility easements for watermain (SPRWS) and sanitary and storm sewer (City of Maplewood). (6) Install no- parking signs at the 20 -foot setback along the eastern fence in the existing south lot to ensure that there is no parking over the utility easement. e. Complete the following before occupying the Saab building: (1) Install all required exterior improvements. (2) Screen all roof - mounted equipment visible from streets or adjacent residential property. All roof -top equipment and vents should be located as close to the parapet walls as appropriate to provide the best screening possible. City Council 03 -31 -03 (3) Ensure all trash dumpsters are enclosed in a trash enclosure, subject to staff approval, if there would be outside trash storage- f, 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. g. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by CouncilmemberKoppen Ayes -All Councilmember Collins moved to table Public Hearing Item #2 to the last public hearing. Seconded by Councilmember Juenemann A five- minute break was taken. Ayes -Mayor Cardinal, Councilmembers Collins and Juenemann Nays- Councilmembers Koppen and Wasiluk Mayor Cardinal announced Public Hearing Items 3 and 4 were combined into one Public Hearing. 3. 7:15 p.m. Legacy Village of Maplewood, City Project 02- 18- Resolution Approving AUAR and Authorizing Final Distribution 4. 7:20 p.m. County Road D Realignment, City Project 02 -07 and 02 -08 — Resolution Receiving Comments and Responses on EAW and Finding of No Significant Impact a City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. C. Courtney Bot, with SRF Consulting Group provided further specifics on the Legacy Village AUAR. d. Beth Kunkel, with URS consultants provided further specifics on the County Road D EAW. e. Commissioner Trippler presented the Planning Commission Report. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: City Council 03 -31 -03 MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Project Description Richard Fursman, City Manager Shann Finwall, AICP, Planner Conditional Use Permit Review Ronald and Connie Launderville 2194 Van Dyke Street September 6, 2005 Agenda Item G.3 Ronald and Connie Launderville's conditional use permit (CUP) to store a heavy commercial vehicle on their residential property at 2194 Van Dyke Street is due for review. The Laundervilles operate a towing business at 6995 — 55` Street in Oakdale and the CUP allows them to store one of their tow trucks at their home in Maplewood. Background January 28, 1991: The city council granted a CUP for the storage of two heavy commercial vehicles (one -ton tow trucks) in an R -1 (Single Dwelling Residential) zoning district as well as a related home occupation license to operate a towing business from a residential property. February 25, 1992: The city council reviewed the CUP and approved a right -of -way user permit. This permit allows the Laundervilles to use the unimproved Sandhurst Avenue right -of -way for access to their property. November 1, 1992: The CUP and home occupation license expired. March 3, 1993: The city council granted a new CUP to allow the storage of one heavy commercial vehicle (one -ton tow truck) in an R -1 (Single Dwelling Residential) zoning district, subject to the following conditions: 1. The tow truck shall be parked in the garage when it is on the property. 2. Mr. Launderville shall not store towed vehicles on this site, unless he or his family owns the vehicles. 3. There shall be no outdoor storage of junk or inoperable vehicles or vehicle parts on the property. 4. There shall be no storage or repair of vehicles on the site, except those owned by people living on the property. 5. There shall be no overnight parking of vehicles on Van Dyke Street (per city code). 6. The city council shall review this permit in one year to make sure that the conditions are being met. April 11, 1994; April 10, 1995; April 22, 1996; May 27, 1997; June 22, 1998; July 9, 2001: The city council reviewed the CUP and requested a review again in one year. September 23, 2002: The city council reviewed the CUP and Sandhurst Avenue right -of -way user permit. The city council amended the user permit to allow the southwest corner (approximately 10 feet) of a 6- foot -high wood fence to remain in the Sandhurst Avenue right -of -way until the fence is removed or destroyed and requested the review of the CUP again in one year. December 8, 2003: The city council tabled the Launderville's 2003 CUP review due to Ronald Launderville Sr.'s health problems. April 12, 2004: The city council approved the CUP and requested a review again in one year DISCUSSION The Laundervilles have relocated their business ( Launderville Towing) from its previous location at 2285 Seventh Street in North St. Paul to 6995 — 55` Street in Oakdale. The new location has storage facilities for all of the tow trucks, and as such the Laundervilles have less of a need to store one of the tow trucks on their residential property in Maplewood. However, the Laundervilles would like to maintain the CUP in order to allow occasional storage of a tow truck in the event that they need to bring a truck home between calls or overnight. Since last year's review of the CUP, staff has not received any complaints from neighbors regarding the storage of the commercial vehicle on the property or the use of the unused Sandhurst Avenue right -of -way, which was a concern last year. RECOMMENDATION Approve the Launderville's conditional use permit for the storage of one commercial vehicle on the residential property at 2194 Van Dyke Street, and review the conditional use permit again in one year. P:sed I \laundervill e Attachment: Location Map Attachment 1 L ED ❑ ° C ° L ME I2194 , Van tyke Street " El m � U El 0 0 0 0 0 En 0 El 0 El El 00 City Hall Location Map 2194 Van Dyke Street N AGENDA NO. G -4 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Annual Maplewood Historical Society Payment DATE: September 6, 2005 On September 11, 2001 the City Council approved a motion to include a $2,000 payment to the Maplewood Historical Society in the city's budget each year. This annual payment has been incorporated in the 2005 Budget. Council authorization is needed annually to make the $2,000 payment. P \perm \mhspayment Agenda Item G5 MEMORANDUM TO: City Manager FROM: Steve Lukin, Fire Chief /Acting Emergency Management Director SUBJECT: Revisions to the Landfall Fire Agreement DATE: September 1, 2005 INTRODUCTION The city of Maplewood provides fire service to the city of Landfall by way of contract agreement. This agreement has not been updated or amended since 2002; therefore, we have made the following changes: 1. In the past, this agreement had to be approved by both city councils each year. Now, the new agreement is open ended with a termination clause that has been added. Therefore, it is not necessary to come before both councils each year for approval unless there are changes made to this agreement. 2. Since 2002, the contract price has been $10,000 per year. For 2006, we are changing that amount to $10,500 with an addition that each year the contract amount will change by the consumer price index utilized by the Maplewood Finance Department. We also have a set charge for additional calls over 25 calls per years in the amount of $485 per call. This will also change each year by the consumer price index. RECOMMENDATION I recommend that the city council approve the changes stated to the Landfall contract agreement for the city of Maplewood to provide fire service to the city of Landfall. Att, AGREEMENT TO PROVIDE FIRE SERVICE This Agreement made and entered into this day of , 20 , by and between the City of Maplewood, a Minnesota Municipal corporation, hereinafter referred to as "Maplewood" and the City of Landfall Village, a Minnesota Municipal corporation, hereinafter referred to as "Landfall." I. PURPOSE The purpose of this Agreement is to provide the basis upon which Maplewood will provide fire service for Landfall. Maplewood hereby agrees to provide fire service for Landfall, and Landfall hereby engages Maplewood to provide such service in accordance with and subject to the terms of this Agreement. II. LEGAL BASIS This Agreement is made pursuant to Minnesota Statute Section 471.59, Subdivision 12. This Agreement is not made pursuant to Minnesota Statute Section 436.06, and should not be construed as creating a joint municipal fire department. NOW, THEREFORE, Landfall and Maplewood, in consideration of the following provisions and covenants, do hereby enter into this Agreement and contract in consideration of the following provisions and covenants, do hereby agree as follows, to -wit: 1. Landfall hereby engages the services of Maplewood to answer fire calls, emergencies related to fire protection and fight fires within the bounds of the described fire district from January 1, 2006 until canceled pursuant to the terms of this Agreement. 2. Maplewood agrees to answer all fire calls directed to it by the public for assistance in fighting fires of any nature and description within the limits of the fire district. 3. The fire district is Landfall which is described as follows, bounded on the south by Hudson (Interstate Highway 94) and on the east, north and west by the City of Oakdale. For each year of the Agreement, Landfall agrees to pay Maplewood for its services Ten Thousand and Five Hundred Dollars ($10,500.00) subject to cost of living increases as set forth in paragraph 4, below. This yearly payment will cover responses for up to 25 calls per year. Payments shall be made quarterly on or before the first days of March, June, September and December. A payment made after the due date is subject to one percent (1 %) service charge each part or full seven (7) day period it is late. If there are more than 25 calls in a one year period (calculated from January 1 st of each year), Landfall will pay Maplewood Four Hundred and Eighty -Five Dollars ($ 485.00) for each additional call, subject to cost of living increases as set forth in paragraph 4, below. Payments for these additional calls shall be made no later than thirty (30) days after the date that Landfall receives an invoice from Maplewood for responses to the calls. 4. Charges for 2006 fire services are set forth in paragraph 3, above. Charges for services for subsequent years shall be progressive, based upon a cost of living increase as determined by the Minneapolis /St. Paul Consumer Index (or other consumer index utilized by Maplewood's Finance Department) being added to the amount paid in the previous year. The product shall be the amount payable during the ensuing calendar year to Maplewood by Landfall for services under this Agreement. On the first day of July of each year, Maplewood shall notify Landfall in writing of the calculated costs for fire services for the following calender year. 5. Maplewood shall fully cooperate with and comply with such reasonable requests from Landfall as shall be necessary for reports and other data. 6. Landfall assumes no responsibility hereby for any negligent acts of Maplewood nor for any injuries or losses to members or to the apparatus or equipment in responding to Landfall's request for fire fighter protection. Landfall will indemnify and hold harmless Maplewood for any negligent acts of its officials, agents or representatives that results in injury or losses to members of apparatus or equipment of Maplewood. Maplewood does not agree to hold harmless and indemnify Landfall for any of Landfall's negligent acts. 7. Maplewood agrees to keep its firefighters, equipment and apparatus properly covered by insurance at no additional expense to Landfall. 8. Nothing in this contract shall be construed to obligate Landfall for operation, maintenance, repair or replacement of any of the equipment of Maplewood. 9. This contract may be reopened on sixty (60) days' notice by either party to negotiate rates in the event Landfall's boundaries are extended or new construction increases the value of the area. 10. This Agreement may be terminated upon one hundred eighty (180) days' written notice provided to the other party's city manager or city cleric In the event of such termination, payment shall be made to the City of Maplewood on a pro -rata basis until services cease. 11. As a means of assuring fire fighter safety, Landfall agrees, at its expense, to provide adequate policy assistance for all emergency calls within Landfall's limits. 12. Landfall shall coordinate with Maplewood concerning any hazardous waste, or any specific items that may need additional attention and review by Maplewood. 13. Landfall agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Human Rights Act (Minnesota Chapters 363), and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disability, religion, sexual preference, and sexual harassment. Violation of any of the above laws can lead to termination of this Agreement. 3 14. Landfall agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality. 15. Landfall will immediately report to Maplewood any requests from third parties for information relating to this Agreement. 16. Landfall agrees to promptly respond to inquiries from Maplewood concerning data requests CITY OF MAPLEWOOD By: Mayor By: City Manager Approved As to Form By: City Attorney Authorized by City of Maplewood meeting held C CITY OF LANDFALL By: Mayor By: City Manager Approved As to Form By: City Attorney 4 C Authorized by City of Landfall meeting held Agenda Item G6 APPROVAL OF CISCO EQUIPMENT PURCHASE FOR STORAGE AREA NETWORK TO: City Manager FROM: Mychal Fowlds SUBJECT: Recommend Council approval of funds DATE: August 30, 2005 INTRODUCTION In an attempt to provide our users with as much uptime as possible I am recommending the following project. Project Description The project entails adding two heavy duty network devices that will be the "brain" of our network. This will allow us to have redundant connections to all major network devices and servers. Recent Approvals The funds for this project were included and approved in our budget for 2005. DISCUSSION Currently we have no redundancy in our connections. If the current "brain" becomes unavailable we will be dead in the water. In the future if one of the "brain's" becomes inactive the other one will seamlessly take full control. This allows for zero downtime for employees and no work stoppage. RECOMMENDATION I recommend that the City Council approve the purchase of the stated equipment. Attachments: 1. Requisition 2. Pricing from Barbee 3. Pricing from Knowledge Computers REQUISITION CITY OF MAPLEWOOD, MINNESOTA (This is NOT a Purchase Order) Names of Bidders Knowledge Computers Berbee Quantity Description Price Amount U it Price Amount 2 2 6 Catalyst 3750 48 10/100/1000T POE switches GE SFP LX/LH transceivers GE SFP SX transceivers 17,895.00 695.00 450.00 35,790.00 1,390.00 2,700.00 14,446.35 611.93 307.50 28,892.70 1,223.86 1,845.00 Freight Subtotal, Sales Tax @ .065 Total $ $ $ 39 $ 31,96156 $ 2,592.20 $ 2,077.50 $ 42,472.20 $ 34,039.06 If low bidder is not recommended or only a single bid has been obtain, include a full explanation of reasons. Deliver to Name and address of recommended bidder City of Maplewood c/o Mychal Fowlds 1830 County Road B East 7145 Boone Avenue North Suite 140 Maplewood MN 55109 Check one Mail Purchase Order? ❑ Yes 21 No Fax Purchase Order? 21 Yes E] No Fax # 763.535.7428 (If needed) Purchase Order No. (Assigned by Finance Dept.) Brooklyn Park MN 55428 Requested by: /1rc1 k/ f cwf�[r Signed Date 0 9'os City Manager Approval (Capital Outlay Only): INVOICE OR CHECK FUND PROGRAM ACTIVITY ACCOUNT AMOUNT FOR ACCOUNTING UBE ONLY: RNUMBER Signed Date Finance Department Approval: Signed Date S:IPINANC ETOrmslRequis ition 9 a E R a E E Price Quotation To: City of Maplewood Mychal R. Fowlds Project: Cisco Switch Quote with SFP Options Quote #: 070805b -aeI 'Barbee Confidential Barbee 7145 Boone Ave N. Suite Suite 140 Brooklyn Park, MN 55428 763.592.5800 - Phone 763.535.7428 - Fax Date: 25- Aug -05 Quote Valid Until: 24 -Sep -05 Extended Customer Extended Qty Part # Description List Price List Price Discount Price Price 2 WS- C3750G- 48PS -E Catalyst 3750 48 10/100/1000T PoE + 4 SFP 2 CAB - STACK -50CM Cisco StackWise 50CM Stacking Cable 2 CAB- 16AWG -AC AC Power cord, 16AWG 2 GLC- LH -SM= GE SFP,LC connector LX/LH transceiver 6 GLC- SX -MM= GE SFP, LC connector SX transceiver 23,490.00 46,980.00 38.50% 14,446.35 28,892.70 - - 38.50% - - 10% SubTotal: 28,892.70 995.00 1,990.00 38.50% 611.93 1,223.86 500.00 3,000.00 38.50% 307.50 1,845.00 Equipment Total Warranty: 90 Days Payment Terms: Net 30 FOB Point: Origin Taxes: Responsibility of Customer (If Applicable) Shipping: Responsibility of Customer Warranty: 90 Days Term: Net30 FOB: Origin Quote Valid: 30 Days $ 51,970.00 $- 31,961.56 Mike Kruse, Barbee Account Manager mii,ekn,ser r twheecom Barbee Information Networks KnowledgeComputers.net - CISCO Catalyst 3750 KnowledgeComputers.net -- THE Online Source for all ofyour nenvork needs! KnowledgeComputers.net has hundreds of used Cisco Routers & Switches Ready to be shipped WORLDWIDE! Pagel of 3 PART NUMBER DESCRIPTION CONDITION US$ WS -C3750 -24TS- Catalyst 3750 24 10/100 + 2 SFP Standard NEW $2995 S Multilayer Image WS -C3750 -24TS- Catalyst 3750 24 10 /100 + 2 SFP Enhanced NEW $4495 E Multilayer Image WS -C3750 -24PS- Catalyst 3750 24 10 /100 PoE + 2 SFP NEW $3595 S Standard Image WS -C3750 -24PS- Catalyst 3750 24 10/100 PoE + 2 SFP NEW $5195 E Enhanced Image WS -C3750 -48TS- Catalyst 3750 48 10 /100 + 4 SFP Standard NEW $5295 S Multilayer Image WS -C3750 -48TS- Catalyst 3750 48 10 /100 + 4 SFP Enhanced NEW $6795 E Multilayer Image WS -C3750 -48PS- Catalyst 3750 48 10 /100 PoE + 4 SFP NEW $6495 S Standard Image WS -C3750 -48PS- Catalyst 3750 48 10 /100 PoE + 4 SFP NEW $7895 E Enhanced Image WS- C3750G- Catalyst 3750 48 10 /100 /1000T PoE + 4 SFP NEW $17895 48PS -E Enhanced Image WS- C3750G- Catalyst 3750 48 10 /100 /1000T PoE + 4 SFP NEW $11895 48PS -S Standard Image WS- C3750G- Catalyst 3750 48 10 /100 /1000T + 4 SFP NEW $16595 48TS -E Enhanced Multilayer WS- C3750G- Catalyst 3750 48 10 /100 /1000T + 4 SFP NEW $10595 48TS -S Standard Multilayer WS- C3750G- Catalyst 3750 24 10 /100 /1000T PoE + 4 SFP NEW $5995 24PS -S Standard Image http:// www. knowledgecomputers .net/3750cat.html 8/26/2005 KnowledgeComputers.net - CISCO WS -G5482 KnowledgeComputers.net — THE Online Source for all ofyour network needs! KnowledgeComputers.net has hundreds of used Cisco Routers & Switches Ready to be shipped WORLDWIDE! PART NUMBER DESCRIPTION I CONDITION USS WS -G5482 Cisco 1000BaseTX GBIC Cisco Original $295 WS -G5483 F Cisco 1000BaseT GBIC Cisco Original $295 WS - G5484 Cisco I000BaseSX GBIC Cisco Original $250 WS -G5486 Cisco 1000BaseLX GBIC JFCisco Original $295 — WS -G5487 Cisco I000BaseZX GBIC Cisco Original $2995 WS- X3500XL Cisco Gigastack GBIC Cisco Original $195 GLC -SX -MM Cisco 1000BaseSX GBIC SFP Cisco Original $450 GLC -LH -SM Cisco I000BaseLX GBIC SFP Cisco Original $695 GLC -ZX -SM Cisco 1000BaseZX GBIC SFP Cisco Original $2895 GLC -T Cisco 1000BaseT GBIC SFP Cisco Original $0 � 3` Party GBIC's WS -G5482 Cisco 1000BaseTX GBIC 3` Party OEM $150 WS -G5483 Cisco 1000BaseTX GBIC 3rd Party OEM IL $150 WS -G5484 Cisco I000BaseSX GBIC 3 Party OEM $85 WS -G5486 FEisco 1000BaseLX GBIC 3` P arty OEM $150 WS -G5487 Cisco 1000BaseZX GBIC 3POM $995 WS- X3500XL Cisco Gigastack GBIC 3rd Party OEM CALL GLC -SX -MM Cisco 100013 seSX GBIC SFP 1 3 Party OEM $295 GLC -LH -SM Cisco I000BaseLX GBIC SFP 3 Party OEM $395 GLC - ZX -SM Cisco I000BaseZX GBIC SFP 3r Party OEM $995 GLC = r Cisco IOOOBaseT GBIC SFP 3r Party OEM CALL Click for World Currency Converter'" by Xenon Labs coversion rates may change without warning and should he viewed as an estimate. Prices and Availabilty may change at any time - Please call for current pricing M Software License NOT Included - Customer Responsibili Page 1 of 2 http: / /www.knowledgecomputers .net/gbie.html 8/26/2005 Agenda Item G7 MEMORANDUM TO: Richard Fursman, City Manager FROM: DuWayne Konewko, Environmental Manager SUBJECT: Consider Approval of Temporary Contract for Food Inspection Services DATE: August 23, 2005 INTRODUCTION The City of Maplewood has a delegation agreement with the Minnesota Department of Health (MDH) that requires the city to conduct inspections of all the restaurants located in the city. The number of inspections required at a particular restaurant is determined by the risk level of that restaurant. Restaurants are divided into three risk categories: high, medium, and low. The minimum inspection frequency for each respective risk category is 12, 18, and 24 months. A high risk restaurant must be inspected at least once every twelve months, and so on. Background The delegation agreement with the MDH requires the city to maintain these levels of inspection frequencies for restaurants located in the city. DISCUSSION In order to maintain these inspection frequencies and remain in compliance with the MDH delegation agreement, the City has retained the services of a licensed food inspector. The food establishment inspection services contract calls for the performance of food establishment inspection services by the inspector as an independent contractor, and the inspector will not be considered an employee of the City for any purpose. The contract is temporary and will terminate on December 30, 2005. Under the contract, the City will pay the inspector $55.00 per hour (no reimbursement for travel and mileage) for restaurant inspection services performed until December 30, 2005. Due to a reorganization of staff, monies are available in the 2005 budget to pay for this contract. The contract requires the inspector to complete at least 20 food establishment inspections per month during the duration of this contract. The City will select the food establishments for inspection each month and provide the inspector with copies of previous inspections. The City and inspector will be meeting at least once a month to go over the previous inspections and discuss any issues that may have surfaced during the inspections. The contract also contains an indemnification clause and requires the inspector to provide insurance coverage as determined by the City Attorney. The City will also be inspecting food establishments during this time. In addition, the City will be hiring a part time employee who will be performing this service starting January 1, 2006. This part time position will work 24 hours a week and will be responsible for inspections at all food establishments within the City. RECOMMENDATIONS Staff is requesting approval from City Council to enter into a temporary contract with a licensed inspector to perform food establishment inspection services. Agenda Item G8 MEMORANDUM TO: City Manager FROM: Charles Ahl, Director of Public Works /City Engineer DuWayne Konewko, Environmental Manager SUBJECT: Approval of Resolution for DNR Conservation Partners Grant Program Award DATE: August 25, 2005 IL III I :IQ millet IIQL1 The City of Maplewood received a $20,000 grant from the Minnesota Department of Natural Resources (DNR) Conservation Partners Grant Program. The grant will be used to assist City staff in implementing the outcomes of the City Hall Campus Project. Background With support and direction of City Council, staff worked with a landscape architect to develop a City Hall Campus Plan. The impetus behind the development of the City Hall Campus Plan was to lead by example and showcase environmentally sound development practices around the campus. To this end, staff developed a list of thirteen projects that will be implemented around the campus. These projects include restoration work, native plantings, rain gardens, collection ponds, trails, utilizing different runoff treatment technologies, and the removal of buckthorn. DISCUSSION One of the goals staff hopes to achieve with these projects is the ability to conduct and gather research on different technological advances for applications on porous pavement and sediment control. Another goal of this project is to showcase and demonstrate a few of these projects to aid in creating "hands -on" learning opportunities for educating students, residents, and businesses in the community. Staff agreed to complete these projects within three to five years. Staff understands the challenges with funding these thirteen projects as well as other campus improvement projects. In order to help offset some of the costs associated with these campus improvements, staff put together a grant application for the DNR Conservation Partners Grant Program. Ms. Sherri Buss, a landscape architect from Bonestroo, Rosene, Anderlik and Associates, worked with staff in the writing of this grant. Ms. Buss's time spent on the preparation of the grant application was pro bono. The City applied for and received a $20,000 grant from the DNR Conservation Grant Program. Acceptance of the grant requires the City to match the dollar amount with in -kind services. This grant will provide the City with resources to help offset the costs associated with these campus projects. Acceptance of the grant also requires the City of Maplewood to sign the attached Conservation Partners and Environmental Partnerships Resolution. RECOMMENDATIONS Staff recommends the execution of the attached resolution from the DNR Conservation Grant Program. The funds from this grant will help the City offset the cost for these City Hall Campus Improvement Projects. The City will match the dollar amount with in -kind contributions. Attachment: 1. Resolution Applicant Resolution Conservation Partners and Environmental Partnerships BE TT RESOLVED that the City of Maplewood act as the legal sponsor for the Conservation Partners Gram CP05 -005 City Hall Campus Natural Restoration BE IT FURTHER RESOLVED that the City of Maplewood has the financial capability to meet the match requirement and ensure adequate completion of the project and certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW, THEREFORE BE IT RESOLVED that Environmen Man is hereby authorized to execute the Conservation Partners Grant Agreement CP05 -005 necessary to implement the project on behalf of the Maplewood. I CERTIFY THAT the above resolution was adopted by the C ity Coancil of the City of Maplewood on (date) September 12, 2005 SIGNED: (Title and date) WPINESSED: (Title mtd dale) Agenda Item G9 MEMORANDUM TO: City Manager FROM: Charles Ahl, Director of Public Works /City Engineer DuWayne Konewko, Environmental Manager SUBJ: Approval of Fall Clean -Up Event Scheduled for October 15, 2005 DATE: August 22, 2005 The 2005 fall clean -up event has been scheduled for October 15, 2005, at Gethsemane Lutheran Church, 2410 Stillwater Avenue, from 8 a.m. to 12 noon. I am recommending that we continue collecting the same fees that were used at the 2005 spring and 2004 fall clean -up events. The City targets a collection rate of 30 to 40% of disposal costs (a 60 to 70% subsidy rate) with these fees. Staff will evaluate the results of the fall clean -up event and present findings to the City Council. The flyer that staff will be using to promote the event is provided below: MAPLEWOOD'S FALL CLEAN -UP DAY The city will be holding a fall clean -up event from 8:00 am to 12:00 pm on October 15 in the Gethsemane Lutheran Church (2410 Stillwater Avenue) parking lot. Please enter from Bartelmy Lane. Due to budget cuts, fees will be charged to Maplewood residents who utilize this service to help defray the costs associated with sponsoring this event. Proof of residency will be required. The fee schedule is listed below. The city will begin separating electronics from the waste stream and removing the hazardous components which increases the cost of this event. The fee schedule is set up to absorb approximately 25% to 35% of the total cost for disposal. The city will assume the remaining 65% to 75% of the cost. Maplewood residents will be able to dispose of old appliances, computers, monitors, TVs, tires, construction debris, mattresses, old furniture, car parts, scrap metal, and other assorted junk (refer to charges below for disposal cost). No brush or tree waste will be accepted. In conjunction with the clean up, the city will be sponsoring a food drive for the Second Harvest Food Bank. Containers will be set up to collect food items. Tuna, peanut butter, macaroni and cheese, canned soups, stews, infant items, dried foods, and cash are needed. CLEAN— UP DAY COLLECTION FEES: Cash or check only Cars without a trailer .................... ............................... $10 Pick -up trucks and cars with trailers .. ............................... $15 Exceptionally large loads (determined by the city) ................ $25 plus Computer /monitor (in addition to above costs) ..................... $15 Car tires with or without rims (in addition to above costs) ....... $3 TVs all sizes (in addition to above costs ) ........................... $10 VCRs (in addition to above costs) ..... ............................... $10 Printers (in addition to above costs) .... ............................... $10 Appliances (any residential appliance -in addition to above costs)... $10 Agenda Item G9 Example fees: Car without trailer plus console TV .................. $20 Pick -up truck with appliance and computer...... $40 Please call 651 - 249 -2400 with any questions you may have regarding the fall collection event. Agenda Item G10 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Director of Public Works /City Engineer SUBJECT: Consider Approval of Joint Powers Agreement with City of Oakdale for Joint Sewage System DATE: August 25, 2005 INTRODUCTION The City of Maplewood and the City of Oakdale entered into a joint sewer use agreement on October 14, 1996. The agreement allowed Oakdale to convey sanitary sewage into Maplewood's sanitary sewer system. Background The City of Oakdale has increased the amount of flow through Maplewood. An adjustment to the rate paid by Oakdale is required through a revised agreement. Attached is the proposed agreement as agreed upon by the engineering staff from each City. Approval is recommended. RECOMMENDATION Request the City Council to adopt the changes in agreement with the City of Oakdale and file the amended agreement with the Metropolitan Council Environmental Services (MCES) for adjusted billing. Attachment: 1. Agreement Agenda Item G10 AGREEMENT THIS AGREEMENT, made and entered into by and between the City of Maplewood, a municipal corporation of the State of Minnesota, hereinafter referred to as "MAPLEWOOD" and the City of Oakdale, a municipal corporation of the State of Minnesota, hereinafter referred to as "OAKDALE." WHEREAS, Oakdale has requested permission from Maplewood to connect a portion of its public sanitary sewer system to the Maplewood sanitary sewer system for the purpose of transporting sanitary sewage from Lift Station 7 service area in Oakdale, and the following agreement is intended to reflect the mutual understanding and agreement to accomplish this purpose. NOW, THEREFORE, Oakdale and Maplewood do hereby mutually agree as follows: 1. Maplewood does hereby grant permission to Oakdale to connect Oakdale's sanitary sewer conveying sanitary sewage from Lift Station 7 service area in the vicinity of Stillwater Boulevard and TH 120 to the Maplewood sewer system and Maplewood Lift Station 6 located on Lakewood Drive at Beaver Lake. Oakdale shall provide at least 15 -day notice prior to constructing the sewer connection to the Maplewood sewage system and shall allow Maplewood Public Works Department inspectors an opportunity to view the connection before covering up the construction work Oakdale shall assume all costs connected with the construction of its sanitary sewage system and the connection to the Maplewood lift station and sewer system. 2. The Oakdale sewer system to be connected to the Maplewood sewer system shall be used solely for the purpose of conveying sanitary sewage, and Oakdale shall not permit any storm water runoff to be connected to the sewer system. 3. Oakdale shall be solely responsible for all maintenance, repairs and claims for damages or injuries caused to any person or property whatsoever or from any cause whatsoever relating to the properties or persons served by the Oakdale sanitary sewer. Oakdale agrees to hold harmless, indemnify, and defend Maplewood from any and all claims for damages to persons or property that arise or that may claim to arise from any reason relating to the sewers owned and maintained by Oakdale and that are hereby authorized to be connected to the Maplewood sewer system. 4. It is agreed between the parties hereto that the Metropolitan Council Environmental Services shall estimate the amount of sanitary sewage attributable to the Oakdale properties hereby authorized to be connected to this Maplewood sewer system and shall accordingly charge Oakdale for its proportionate cost of sewage treatment, conveyance, and related costs in its annual billings. Oakdale and Maplewood shall cooperate with and provide all necessary information to the Metropolitan Council Environmental Services so as to permit the proper billing to Oakdale and credit to Maplewood for this sewage. 5. Maplewood shall operate and maintain the Maplewood Lift Station 6, and the cost of operation and maintenance shall be shared by Oakdale and Maplewood in the following manner: Agenda Item G10 Oakdale's estimated average daily flow will be compared to the actual average daily flow for Maplewood Lift Station 6. The actual annual operation and maintenance cost will be shared on a proportionate basis between Oakdale and Maplewood. Oakdale's present estimated daily flow is 62,000 gallons per day as calculated by Short, Elliott, Hendrickson, Inc. which is on file. Oakdale may submit documentation to identify a new estimated average daily flow based on changed conditions. Maplewood cannot unreasonably deny a request to adjust the Oakdale estimated average daily flow. Maplewood shall submit an annual billing before March 1 of each year. AMENDMENT TO AGREEMENT Maplewood has documented there has been a change in the daily average flows from original agreement. Maplewood has metered daily flows at the point of connection from October 19, 2001, to October 23, 2002. Howard R. Green Company was hired to meter and record data. Maplewood is requesting to adjust average daily flows to reflect new data collected from metering. Maplewood recommends the existing daily average flows be amended to 83,450 gallons daily and have MCES reflect such change in billing. All major repairs or replacements to the Maplewood Lift Station 6 shall be performed by Maplewood and the costs incurred therefore shall be shared between the parties hereto with Oakdale paying a proportionate share based on comparison of average daily flows. IN WITNESS WHEREOF, the parties have executed this agreement on this _ day of , 2005. CITY OF MAPLEWOOD Approved as to form by Legal Counsel Approved as to form by Legal Counsel By City Manager And Mayor CITY OF OAKDALE By Mayor And City Administrator And Director of Public Works Agenda Item G11 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Director of Public Works /City Engineer SUBJECT: Consider Approval of Grading Costs at Larpenteur and Adolphus DATE: September 1, 2005 INTRODUCTION The City of Maplewood sold a parcel of properties at Larpenteur and Adolphus to Krongard Construction, Inc. The property had bad soils that were corrected by the city staff. An additional area of correction that is partially the responsibility of the City needs work. Authorization for these additional costs is recommended. Background The sale of the property at Larpenteur and Adolphus included information showing the correction of the property to allow construction of 11 townhome units. The City staff corrected those soils and provided the purchaser with a plan showing the work. A portion of the work was necessary to provide for positive drainage flow from and protection of the ponding area. A small amount of correction work, up to $16,000, is needed for the soils near the ponding area. An agreement has been reached with Krongard Construction to share these costs on a 50 /50 basis. Final costs will be determined as the work is completed. The City share of $8,000 ($16,000 x 50 %) is eligible to be paid from the Environmental Utility Fund since the work is related to grading near the ponding area and to provide for the proper overflow elevations on structures. RECOMMENDATION It is recommended that the City Council authorize the Director of Public Works /City Engineer to incur up to $8,000 from the Environmental Utility Fund for extra grading costs as needed for the property sold to Krongard Construction, Inc. at Larpenteur and Adolphus. Agenda Item G12 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Director of Public Works /City Engineer SUBJECT: Consider Approval of Joint Powers Agreement with City of St. Paul for Joint Sewage System DATE: August 31, 2005 IL III I :IQ millet IIQL1 The City of Maplewood and the City of St. Paul are entering into an agreement that allows Maplewood to convey sanitary sewage into St. Paul's sanitary sewer system. Background The Metropolitan Council Environmental Services (MCES) has declared that their sanitary sewer interceptor known as 1 -SP -214 no longer meets their criteria as a regional interceptor because its flow is less than 200,000 gallons per day and, by law, MCES must re- convey the interceptor to the City of St. Paul. Because both the City of St. Paul and the City of Maplewood contribute sanitary flow to the interceptor and because the City of St. Paul has agreed to accept ownership of the interceptor, the City of St. Paul has proposed an agreement that is intended to establish the conditions of the interceptor's joint use by the cities of St. Paul and Maplewood. St. Paul will grant permission to Maplewood to allow Maplewood Sanitary Sewer Districts 33(S) and 35(S) that currently drain into the interceptor to continue to do so in exchange for Maplewood's sharing of the maintenance and replacement costs of the interceptor. It is also mutually agreed that MCES will charge Maplewood for its proportionate cost of sewage treatment annually for its flow into the interceptor. It is further agreed that Maplewood will annually reimburse St. Paul for the maintenance costs for 0.5206 miles of the interceptor at a cost of $5,062 per mile, or $2,635 for the year 2006 based on the 2006 St. Paul Public Works Sewer Maintenance budget of $5,770,568. Attached is the proposed agreement as mutually agreed upon by the engineering staffs from each City. Approval is recommended. RECOMMENDATION Request the City Council to adopt the agreement with the City of St. Paul and file the agreement with the Metropolitan Council Environmental Services (MCES) for adjusted billing. Attachment: 1. Agreement Agreement Between the City of Saint Paul and the City of Maplewood This agreement ( "Agreement ") is dated this day of September 2005 by and between the CITY OF SAINT PAUL, a home rule charter City under the laws of the State of Minnesota, (hereinafter referred to as "ST. PAUL "), and the CITY OF MAPLEWOOD, a municipal corporation of the State of Minnesota (hereinafter referred to as "MAPLEWOOD "). WHEREAS, The Metropolitan Council Environmental Services has declared that their interceptor known as 1 -SP -214, as described in Exhibit A (hereinafter referred to as "INTERCEPTOR "), no longer meets their criteria as a regional interceptor because its flow is less than 200,000 gallons per day; and WHEREAS, by law the Metropolitan Council Environmental Services must reconvey the interceptor to St. Paul and; WHEREAS, the Metropolitan Council Environmental Services has agreed to make repairs to the interceptor so that it is reconveycd in good condition, and WHEREAS, both St. Paul and Maplewood contribute sanitary flow to the interceptor, and WHEREAS, St. Paul has agreed to accept ownership of the interceptor. NOW, THEREFORE, this agreement is intended to establish the conditions of the interceptor's joint use by St. Paul and Maplewood and they hereby mutually agree as follows: St. Paul does hereby grant pennission to Maplewood to allow Maplewood Sanitary Sewer Districts 33(S) and 35(S) that currently drain into the interceptor at the locations shown in Exhibit 13 to continue to do so in exchange for Maplewood's sharing of maintenance and replacement costs of the interceptor. 2. The Maplewood sewer system to be connected to the St. Paul sewer system shall be used solely for the propose of conveying sanitary sewage. Maplewood shall not permit storm water, clear water or inflow and infiltration exceeding standards set by the Metropolitan Council Environmental Services to be connected to the interceptor. Maplewood shall save St. Paul harmless from any damage, cost or expense; and fully indemnify St. Paul against any and all liability sustained by reason of the connection, or the maintenance of connections hereunder, between the public sewer system of Maplewood and the public sewer system of St. Paul by reason of any damage, cost, expense or loss that may be sustained by Maplewood, its inhabitants or any other person or persons connected with the use of Maplewood's public sewer system, or by diversion into Maplewood's public sewer system of roof water or storm water drainage. This agreement is entered into pursuant to all of the terms, provision and conditions of Chapter 80 (Sewer Contracts, Suburbs) of the Legislative Code of St. Paul. 4. It is agreed between the parties hereto that the Metropolitan Council Environmental Services (MCES) shall estimate the amount of sanitary sewage attributable to the Maplewood properties hereby authorized to be connected to the newly reconveyed interceptor, and shall accordingly charge Maplewood for its proportionate cost o f sewage treatment, conveyance in MCES interceptors, and related costs in its annual billings. Maplewood and Saint Paul shall cooperate with, and provide all necessary information to the Metropolitan Council Environmental Services so as to permit the proper billing to Maplewood and credit to Saint Paul for its sewage. Maplewood agrees to annually reimburse Saint Paul an amount equal to the sum of the products of the distance of each joint -use sewer segment, times the percentage of flow originating within Maplewood to the total sewer flow, times an annual sanitary sewer maintenance cost per mile, as established herein. Exhibit C tabulates the Maplewood flow to total flow percentage for the various segments of the joint -use sewers based on calculated Residential Equivalent Connection (REC) units. Should the use of these percentages be unsatisfactory as basis of maintenance cost apportionment to either party, then they may be superseded by a revised determination of REC units or field checks of Page 2 actual flow rates. Exhibit C also tabulates the proportionate mileage of joint -use sanitary sewer on which Maplewood's annual reimbursement to Saint Paul is based. 6. On or before February 1 of each year, Saint Paul shal I submit to Maplewood documentation of the St. Paul Department of Public Works Sewer Maintenance annual budget and summation of mileage of sewer, irrespective of size or type. The amrual sanitary sewer maintenance cost utilized for the purposes of this agreement, shall be the annual Saint Paul Department of Public Works Sewer Maintenance budget ($5,770,568 for 2006), divided by the mileage of sewer within Saint Paul (1254 miles in 2006) times 110 percent, to account for other administrative, depreciation, and related overhead expenses not included within the sewer maintenance division budget. For 2006, the annual maintenance cost per mile is agreed to be $5062. Maplewood shall make payment to Saint Paul within thirty days of receipt of invoice for the maintenance -cost sharing amount as determined by the basis set forth in this agreement for the current calendar year. 8. In the event that it is necessary to reconstruct or replace part or all of the existing joint -use sewers, Maplewood will recompense Saint Paul based on the percentages of Maplewood's flow as show in Appendix C for the segments to be reconstructed or replaced. If replacement is needed because Maplewood wishes to convey additional [low, that cost will be paid by Maplewood. 9. This agreement shall be pennanently binding on both parties unless it is terminated by mutual consent, or in the event that sewerage facilities that allow a connection to the Metropolitan Council Envirommental Services interceptor system within Maplewood become available and obviates the stated purpose of this agreement. Page 3 IN WITNESS WHEREOF, the parties have executed this agreement on this day of September 2005 CITY OF MAPLE W OOD By: Approved as to forin by legal counsel City Manager And: By: Mayor CITY OF SAINT PAUL. Approved as to form by Assistant City Mayor Attorney And: City Clerk And: Director of Public Works And: Director of Finance Page 4 Agenda Item J1 1.111 LViILViFil WdLViI =ILViN:IM 0 BillLVi TO: City Manager FROM: Ken Roberts, Planner SUBJECT: The Woodlands of Maplewood LOCATION: 1740, 1750 and 1766 McMenemy Street (north of Kingston Avenue) DATE: September 6, 2005 10 :IQ 111,1911 N 0 Project Description Mr. Chris English, representing Integra Homes, is asking the city to approve plans for a 28 -unit townhouse development. He has prepared a site plan that shows 28 townhouses (in 14 detached townhomes and seven twinhomes) in a development called The Woodlands. It would be on an 8.2- acre site on the east side of McMenemy Street, north of Kingston Avenue and south of the Hmong Church. Please refer to the applicant's statement and the maps in the project review memorandum and the project plans for more information about this proposal. Requests To build this project, Mr. English is requesting that the city approve: 1. A change to the comprehensive plan. This would be from R -1 (single dwelling residential) to R- 2 (single and double dwellings) for the site. 2. A change to the zoning map. This would be from F (farm residential) to R -2 (single and double dwellings) for the site. 3. A conditional use permit (CUP) for a planned unit development (PUD). This PUD will allow the townhouses to be on smaller lots than code usually allows (in area and in width) and to have some of them on private driveways. 4. The partial vacation of the Edgemont Street right -of -way, north of Kingston Avenue. 5. A preliminary plat for 29 lots - 28 lots for the 28 housing units and one lot (Lot 29) for the ponding areas. 6. The project design plans, including the landscaping and the building elevations. DISCUSSION Since the city council first reviewed this proposal on August 8, 2005, the developer revised the project plans in response to concerns and suggestions expressed by the CDRB, the city council and from city staff. A major change was to revise the grading plans to lessen the size and eliminate many of the retaining walls in the development. The project engineer also has revised the cul -de -sacs, the streets and the driveways to meet the suggestions of the CDRB to accommodate parking and sidewalks. The city engineer has reviewed the revised plans and has found they are much better than the earlier proposal. RECOMMENDATIONS Staff is recommending approval of the requests of the developer for the Woodlands of Maplewood. MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: The Woodlands of Maplewood LOCATION: 1740, 1750 and 1766 McMenemy Street (north of Kingston Avenue) DATE: September 6, 2005 INTRODUCTION Project Description Mr. Chris English, representing Integra Homes, is asking the city to approve plans for a 28 unit townhouse development. He has prepared a site plan that shows 28 townhouses (in 14 detached townhomes and seven twinhomes) in a development called The Woodlands. It would be on a 8.2- acre site on the east side of McMenemy Street, north of Kingston Avenue and south of the Hmong Church. Refer to the engineer's letter on page 23 and the maps on pages 24 - 32. A homeowners' association would own and maintain the common areas. The applicant's designer has told staff that each building would have horizontal -lap vinyl siding, aluminum soffits and fascia and brick veneer on the fronts. In addition, each unit would have a two - car garage. (See the building elevations on pages 33 — 37 and the enclosed plans.) Requests To build this project, Mr. English is requesting that the city approve: 1. A change to the comprehensive plan. This would be from R -1 (single dwelling residential) to R- 2 (single and double dwellings) for the site. (See the land use map on page 26.) 2. A change to the zoning map. This would be from F (farm residential) to R -2 (single and double dwellings) for the site. 3. A conditional use permit (CUP) for a planned unit development (PUD). This PUD will allow the townhouses to be on smaller lots than code usually allows (in area and in width) and to have some of them on private driveways. 4. The partial vacation of the Edgemont Street right -of -way, north of Kingston Avenue. 5. A preliminary plat for 29 lots - 28 lots for the 28 housing units and one lot (Lot 29) for the ponding areas. (See the preliminary plat date - stamped August 29, 2005 on page 28.) 6. The project design plans, including the landscaping and the building elevations. (See the plans on pages 28 - 38.) BACKGROUND The area between the proposed development and Larpenteur Avenue is a plat named Monn's Villa. This area, including Edgemont and Arkwright Streets and Kingston Avenue, was developed in the mid 1950s. This plat includes the unused Arkwright or Edgemont street right -of -way that is between the houses at 385 and 395 Kingston Avenue. The city did not include the subject property in the 1992 inventory of possible properties to buy for open space. As such, the city did not consider buying this property for open space. DISCUSSION Land Use Plan and Zoning Map Changes To build the proposed townhouses, Mr. English wants the city to change the land use plan and zoning map for the site. The land use plan change would be from R -1 (single dwelling residential) to R -2 (single and double dwellings). (See the land use plan map on page 26.) The zoning map change would be from F (farm residence) to R -2 (single and double dwellings). The city intends R -2 areas for small -lot (7,500 square -foot) single dwellings and for double dwellings with a maximum density of six units per gross acre. For R -1 areas, the city plans for single dwellings on lots of at least 10,000 square feet of area with a maximum density of 4.6 units per acre. The land use plan is the city's long range guide as to how the city expects land to be used or developed. The zoning designation for a property defines how a property owner may use the property. Compatibility Staff does not find a problem with this proposal in terms of compatibility and land use. The proposed townhouses would be near McMenemy Street and an existing church and next to single dwellings. In addition, developers will often build townhomes next to single dwellings. A recent example is with the New Century Addition in south Maplewood. The developer, Robert Engstrom, is developing this neighborhood with a mix of single dwellings and townhomes. There are many other examples in Maplewood, such as Afton Ridge, Southwinds, The Gardens, Olivia Gardens and the Carriage Homes of Maple Hills where this is the case. Density As proposed, the 28 units on the 8.2 -acre site means there would be 3.41 units per acre. This is consistent with the density standards in the comprehensive plan for single family and for double dwelling residential development. PLANNED UNIT DEVELOPMENT (PUD) Conditional Use Permit Section 44- 1093(b) of the city code says that it is the intent of the PUD code "to provide a means to allow flexibility by substantial deviations from the provisions of this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. The PUD would be consistent with the purposes of this chapter. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. The deviations would not constitute a significant threat to the property values, safety, health 0 or general welfare of the owners or occupants of nearby land. The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons." The applicant has applied for a conditional use permit (CUP) for a planned unit development (PUD) for the 28 -unit housing development. They are requesting the CUP for the PUD to allow code deviations and more flexibility with site design and development details than the standard city requirements. Such flexibility includes having a variety of building setbacks, having the townhouses on lots that would be smaller in width and in area than the code usually requires and to have a narrower public street right -of -way (50 feet instead of 60 feet) for Kingston Court. A homeowners' association would own and maintain the common areas of the development, including the private driveways, retaining walls and the ponding areas. Exchanging the common land for larger lot sizes would not change the location, design or number of units in this development. It is the contention of the applicant that the proposed site design details and code deviations meet the findings in the city code for approval of a PUD. City staff agrees with the applicant that the development as proposed (shown on page 28), with the proposed code deviations, would produce a development of equal or superior quality, that the proposals do not constitute a threat to the area and that the deviations are required for reasonable and practicable development of the site. Having private driveways with reduced townhouse setbacks will allow for more common area around each building. If the applicant followed all the city subdivision and zoning standards and used public streets, such a plan would require larger lots for each building with public right -of -ways and increased building setbacks. In addition, it is important to note that the proposed code deviations do not increase the number of lots or the density of the housing in the development over the density in other townhouse projects. In addition, the city has approved similar - styled developments in the past such as Holloway Ponds at Holloway Avenue and Beebe Road, the Dearborn Meadows development on Viking Drive, and more recently, Olivia Gardens on Stillwater Road. For this proposal, the developer intends to sell each of the townhomes and expects that each unit will sell for at least $300,000. Right -of -Way Vacation The applicant is asking the city to vacate parts of the Edgemont Street right -of -way, north of Kingston Avenue. The proposal is to vacate the west and east 15 feet (30 feet total) of the right -of- way and for the city to keep the center part of the right -of -way for public use. In this case, the 15 feet of the right -of -way on the two sides would go to the adjacent property owners and the developer would use the center part of the right -of -way for a watermain connection to Kingston Avenue, for a trail for pedestrian and emergency vehicle access — not for general vehicle access. This vacation, if approved by the city, should assure the neighbors in the area that the city does not expect to use the Edgemont right -of -way for a public street. Preliminary Plat Density and Lot Size As proposed, the 28 units on the 8.2 -acre site means there would be 3.41 units per acre (an average of 12,784 square feet per unit). This is consistent with the density standards in the comprehensive plan for double dwelling residential development and is well above the 6,000- square -foot minimum lot area that the city requires for each unit in a double dwelling. M City Engineering Department Review In response to the comments of the CDRB, the city council and city engineering department, Thomas Hailey and Michael Villari of Metro Land Surveying (the project engineers), prepared revised project plans. Chuck AN and Erin Laberee of the Maplewood Engineering Department have reviewed the revised plans. Erin put their comments in the memo starting on page 39. They are generally much happier with the latest project plans and they are recommending several technical and minor design changes for the project plans. Mr. Cavett, the former assistant city engineer, also reminded me that the city, in the Capital Improvements Plan (CIP), has scheduled the reconstruction of Desoto Street from Larpenteur Avenue to County Road B for 2007. The CIP has not yet identified when the city is planning to reconstruct Edgemont Street, Kingston Avenue and Arkwright Street. Traffic and Access A major concern of many of the neighbors to the south of the site with the first proposal was with the increase in traffic that their area would experience if the city approved the earlier proposal. The developer was proposing to use an existing public street right -of -way (the area between 385 and 395 Kingston Avenue) for street access for 17 of the 24 units. (The other seven units would have had street access from McMenemy Street). In response to the neighbors concerns, the developer revised the project plans to now have the primary access into the site from McMenemy Street. The plans also show a 10- foot -wide trail on the Edgemont right -of -way between the existing Kingston Avenue and the proposed new street in the development. This trail would be for pedestrian access and for emergency vehicle use, not for general vehicle traffic. Unfortunately for the neighbors, the Monn's Villa plat, including the unused right -of -way, was approved and developed in the 1950s. It has always been the expectation of city staff that a developer or builder would use the existing street right -of -way that is north of Kingston Avenue for some type of access to the property to the north. While staff recognizes that having a new development and new streets in the area with new neighbors driving past their homes would create changes for the neighborhood, we do not anticipate a large enough traffic increase from the proposal to justify denying the request. For example, if each of the 28 townhouse units would generate an average of 6 vehicle trips per day (an average number I verified with the city's traffic consultant), there would be 168 more vehicles (in total) using McMenemy Street. For a 12 -hour day, the 168 vehicle trips would mean an average of 14 vehicle trips per hour, or an average of about one additional vehicle every 5.5 minutes. Even if one -half of the expected additional vehicle trips (84) occurred in one hour (either in the morning or in the evening), that would mean about one additional vehicle for every 43 seconds during that one hour. The traffic consultant also confirmed for me that, on average, detached single - family homes generate about 10 vehicle trips per day and that townhouses, whether attached or detached, usually generate about six vehicle trips per day. The difference in these numbers is because of the residents and the difference in the size of the families that live in the different units. Townhouses are usually occupied by young couples starting out in life or by empty- nesters — that is, families with no children and thus fewer people in each unit. They also have found that more traditional families with children still prefer to live in detached single dwellings with more living and yard space. As such, these types of homes will create more traffic (on average), than townhouses. I also had Dan Solar of Ramsey County review the proposal. He noted that "McMenemy Street is no longer a county road so the development does not have a direct impact to the county system. The intersection along Larpenteur Avenue should be able to handle the minimal traffic generated by this 11 development." Public Utilities Sanitary sewer and water are in Kingston Avenue and in McMenemy Street to serve the proposed development. There is, however, no storm sewer in this part of Maplewood, so the applicant is proposing to enhance the low areas on the property to use them as storm water ponds. The project engineers have been working closely with the two area watershed districts to meet their design and engineering standards. Tree Removal /Replacement The applicant had a tree inventory done for the property. This survey found 239 trees on the property, including maples, pines, elms, spruce, ash and oak. (See the plans on pages 29 and 30 and in the project plans.) Of the trees listed on the inventory, the city considers 198 of them as large trees (those eight inches in diameter or greater or pines that are at least eight feet tall). As proposed, the applicant's contractor would grade most of the property to prepare the site for construction and to build the storm water ponds. The proposed plans show the developer saving groups of existing trees in a few areas of the site — including along the east property line, along the south property line near McMenemy Street, near the front of Unit 16, to the north of Unit 11 and to the west of Unit 20. In addition, the grading plans show the developer saving scattered individual large trees throughout the site. The developer also has indicated that they want to transplant as many of the existing trees on the site as possible. This would involve having a forester or an arborist check the size and health of each of the affected trees and determining which trees could survive moving and which ones could not be transplanted. The code requires there be at least 10 trees per acre on the site after the contractor has finished construction. For this 8.2 -acre site, the code requires there be at least 82 trees on the property after the construction is complete. While city staff is encouraged by the level of interest expressed by the developer in saving and transplanting trees on the site, the devil in this will be in the details. In other words, how many and how well the trees survive will be in how the contractor handles the details of the project. The project engineer will need to prepare a detailed grading and tree plan for the entire site for city staff approval. This plan will need to show the proposed grading, the trees that will stay, those that the contractor will transplant and those that the contractor will remove. In addition, this plan should show the size and location of trees the developer would add to the site for screening purposes and where they would store the transplanted trees before the contractor puts them in their final locations. I expect that the final tree plans for this development can and will meet the requirements of the tree replacement code of the city. Landscaping /Screening As proposed, the developer would save, plant or transplant at least 200 trees on the site, plant numerous shrubs around the buildings and install two infiltration ponds /basins with landscaping on the site. The detailed plan on page 38 also shows the proposed plantings near the sidewalk and around each unit. These will include spirea, crimson pygmy, globe blue spruce, a mix of perennials and lilac. The mix of plantings around each building will vary from unit to unit depending on whether the unit faces north or south and whether it is a 1 % story or full basement walk -out unit. While the landscape and tree plans are a good start, the developer should add more trees in two primary areas. These additional trees would be for screening along the south side of the site and 61 along the west side of the site. The purpose of these additional plantings is to screen the new townhouses from the existing houses to the south and to screen this site from houses to the west. The city code requires the developer or builder to install screening along a residential property line that is at least six feet tall and at least 80 percent opaque. This screening may be accomplished with fencing, berming, tree planting or a combination of these techniques. It would be prudent for and helpful to the residents of the existing houses and those in the new townhouses if the developer installed screening along the south and west sides of the project to help ensure that the new townhouses and driveways are separated from the existing single dwellings. Staff is recommending that the developer add several Black Hills spruce and Austrian pines along the south and west property lines to provide additional screening between this site and the adjacent properties. Finally, the applicant needs to provide the city engineering department with a detailed landscape plan for the ponds. The project engineer also should show this detail on the final project landscape plans. The plantings proposed around foundations of the units and in the proposed detail areas should remain on the plan. In addition to the above, all yard areas near the buildings should be sodded (except for mulched and edged planting beds). Design Review Building Design and Exterior Materials The proposed buildings should be attractive and should fit in with the design of the existing homes in the area. They would have an exterior of horizontal vinyl siding (earth tone, green or grey in color) with a stone or brick veneer on the fronts and the roofs would have asphalt shingles. In addition, there would be a mix of 1 % -story and walk -out units and each unit would have white soffits and accent boards and an attached two -car garage. (See the proposed elevations on pages 33 — 37 and the enclosed project drawings.) Staff does not have any major concerns about the proposed building elevations since this development will be on cul -de -sacs and would be somewhat isolated. In fact, only the buyers of the townhouses would be able to see the fronts of most of the new buildings. Before the city issues a building permit, the builder should submit to city staff for approval revised building plans and elevations. These should show or include (but are not limited to) the colors of all materials, any shutters, window grids, the style and materials of balcony railings, and provide more detail about the brick or stone accents. The community design review board noted in 2001 concerns about "snout- designed" homes. These are dwellings that have garages as the dominating street -side feature. The proposed townhomes have this design. The community design review board may want to have the developer change the proposed designs or add features to the buildings to lessen the impact of the garages. This could include additional landscaping in front of the dwelling parts of the buildings, adding covered front porches, enhancing the design of the garage doors or adding decorative light fixtures next to the garages and entrance doors. Site Lighting The applicant will need to prepare a site lighting plan for the development that shows the installation of at least seven light posts within the site to provide lighting along the new streets and driveways. The city code requires the light fixtures to have a design that hides the bulb and lens from view (to avoid nuisances). The plan also will have to show details about the height or style of these poles and about the proposed lighting on the buildings. [s9 Parking It should be noted that the city allows no parking on 24- foot -wide streets, parking on one side of 28- foot -wide streets and along both sides of streets that are 32 feet wide. In this case, the developer is proposing to construct the new public street (Sophia Avenue) 28 feet wide with a concrete sidewalk on the north side and the private driveways 24 feet wide. The city would not allow parking on the private driveways. The project engineer also has shown seven areas for proof -of- parking spaces within the development. This is something that the final project plans should show. Locations for such parking are shown north of Sophia Avenue near Units 7 and 8 and Units 4 and 5 and along Edgemont Lane near Units 10 and 11 and 13 and 14. These are locations that the city could require the developer or the homeowners' association to add more parking if it becomes necessary. Other Comments Police Department Lieutenant Kevin Rabbett of the Maplewood Police Department noted that the proposed street and driveway names could cause some confusion. He suggested that the developer work with city staff to pick names for the streets and driveways that fit the city's system and that make sense with the surrounding streets. Fire Marshal Butch Gervais, the Maplewood Fire Marshal, noted the following about the proposal: 1. Need to verify that the cul -de -sacs and the turn - arounds are large enough for proper snow removal and for emergency vehicle access. 2. All roads and driveways shall be at least 20 feet wide. 3. There shall be addresses on each unit facing the street. 4. The developer shall provide the city with an address plan (street and driveway names and a numbering scheme) for staff approval. COMMSSION ACTIONS On July 18, 2005, the planning commission recommended approval of the proposed land use plan change, zoning map change, CUP for PUD, street vacation and the preliminary plat. On July 26, 2005, the community design review board (CDRB) recommended approval of the project design plans. This recommendation was subject to the applicant bringing revised building elevations back to the CDRB for final approval. RECOMMENDATIONS A. Approve the resolution on page 48 (attachment 20). This resolution changes the land use plan for the Woodlands of Maplewood plat on the east side of McMenemy Street, north of Kingston Avenue. This change is from R -1 (single dwellings) to R -2 (single and double dwellings). The city is making this change because: 1. It would be consistent with the goals and objectives of the comprehensive plan. rA 2. This site is proper for and consistent with the city's policies for medium - density residential use. This includes: a. It is near a minor arterial street (Larpenteur Avenue) and is on a collector street (McMenemy Street). b. Minimizing any adverse effects on surrounding properties because there would be minimal traffic from this development on existing residential streets. 3.It would be consistent with the proposed zoning and land uses. B. Approve the resolution on pages 49 and 50 (attachment 21. This resolution changes the zoning map for the Woodlands of Maplewood plat on the east side of McMenemy Street, north of Kingston Avenue. This change is from F (farm residence) to R -2 (single and double dwellings). The reasons for this change are those required by the city code and because the owner plans to develop this property with a mix of single and double dwellings. C. Approve the resolution on page 51 (Attachment 22). This resolution is for the vacation of parts of the Edgemont Street right -of -way, north of Kingston Avenue. The city is vacating this right -of -way because: 1. It is in the public interest. 2. The applicant and the abutting property owners have no plans to build a public street at this location. 3. The adjacent properties have street access. 4. The vacation of the right -of -way will allow the adjacent residents to expand and improve their homes. This vacation is subject to the city retaining the center of the Edgemont Street right -of -way located north of the north right -of -way line of Kingston Avenue for public purposes. D. Approve the resolution starting on page 52 (Attachment 23). This resolution approves a conditional use permit for a planned unit development for the Woodlands of Maplewood development on the east side of McMenemy Street, north of Kingston Avenue. The city bases this approval on the findings required by code. (Refer to the resolution for the specific findings.) Approval is subject to the following conditions: 1. All construction shall follow the plans date - stamped August 29, 2005 except where the city requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's standards and the engineering department requirements. (2) The developer minimizing the loss or removal of the vegetation and large trees. (3) All the changes required by the city engineer and by the watershed district. The city council may approve major changes to the plans. The director of community development may approve minor changes. E:3 The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Erin Laberee's memo dated September 2, 2005, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation /replacement, and parking plans. The cul -de -sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer shall enclose the new ponds with a four - foot -high, black, vinyl - coated chain -link fence. The contractor also shall install a gate in the fences as may be required by the city engineer. (2) Provide for staff approval a detailed storm water management plan. c. The following for the streets and driveways: (1) Curb and gutter along the street, if the city engineer decides that it is necessary. (2) Clearly labeled public streets and private driveways on the plans. 4. The design of the ponds shall meet Maplewood's ordinance standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site pond and drainage easements, if applicable. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk, fencing or fill from the site. 6. The approved setbacks for the principal structures in the Woodlands of Maplewood PUD shall be: a. Front -yard setback (from a public street or a private driveway): minimum - 20 feet, maximum — 35 feet b. Front -yard setback (public side street): minimum - 20 feet, maximum - none c. Rear -yard setback: 20 feet from any adjacent residential property line d. Side -yard setback (townhouses): minimum - 20 feet minimum between buildings. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. F'] 8. The city council shall review this permit in one year. E. Approve the Woodlands of Maplewood preliminary plat (received by the city on August 29, 2005). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide all required and necessary easements (including 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). d. Have Xcel Energy install Group V rate street lights in at least seven locations. These shall be as follows: (1) At the intersection of Edgemont Lane and Sophia Avenue (by Lot 8). (2) Near Lot 4 in the middle of the block. (3) At the northeast corner of the site near Lot 1. (4) At the north end of Edgemont Lane near Lot 11. (5) At the intersection of McMenemy Street and Sophia Avenue. (6) At the intersection of McMenemy Street and the northerly driveway (near Lot 23). (7) Near Lot 28 at the east end of the driveway. The exact style and location of the lights shall be subject to the city engineer's approval. e. Pay the city for the cost of traffic - control, street identification and no parking signs. f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. g. Replace any trees that die within one year of planting or final transplanting. The size and species of the replacement trees shall be subject to city staff approval. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Erin Laberee dated September 2, 2005, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building 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. INl (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The 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. These slopes shall be protected with wood -fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) A minimum of a 10- foot -wide, 10:1 bench below the normal water level (NWL) of any pond designed to be a wet pond. The depth of the pond below the NWL shall not exceed four feet. (10) Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one foot deep and protected with approved permanent soil - stabilization blankets. (11) The drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run- off from the entire project site and shall not increase the run -off from the site. c. The tree plan shall: (1) Be approved by the city engineer before site grading or final plat approval. (2) Show where the developer will remove, transplant, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the transplanted, replacement and screening trees. The new deciduous trees shall be at least two and one -half (2 %) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The new coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. 11 (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) along the west and south sides of the site to help screen the development from the existing houses to the west and south. (7) Show the planting or transplanting of at least 200 trees after the site grading is done. (8) Require the developer to replace any trees that die within one year of planting or final transplanting. The size and species of the replacement trees shall be subject to city staff approval. d. The street, driveway and utility plans shall show: (1) The streets and driveways shall be a nine -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. (3) Repair of McMenemy Street and Kingston Avenue (street and boulevard) after the developer connects to the public utilities and builds the new streets, trails and private driveways. (4) The developer enclosing the ponds with a four - foot -high, black, vinyl- coated chain -link fence. The contractor also shall install gates in the fences as may be required by the city engineer. (5) The private driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (6) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire -flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (7) 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. (8) The plan and profiles of the proposed utilities. (9) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. e. The drainage plan shall ensure that there is no increase in the rate of storm -water run- off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. IN 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Label the common areas as outlots. c. Add drainage and utility easements as required by the city engineer. d. Have the right -of -way where Sophia Avenue meets the Edgemont Street right -of -way "squared -off" rather than having it with a radius from the cul -de -sac. e. Label all the names of all the streets and driveways on all plans and distinguish which are public and which are private. f. Change the street and driveway names and addresses as follows: (1) The north private driveway (for Units 21 — 28) shall have McMenemy Street addresses. 5. Secure and provide all required easements for the development. These shall include any off -site drainage and utility easements. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of McMenemy Street and Kingston Avenue (street, curb and gutter and boulevard) after the developer constructs the sidewalks and connects to the public utilities and builds the new streets and private driveways. 7. Submit the homeowners' association bylaws and rules to the city for approval by the director of community development. These are to assure that there will be one responsible party for the care and maintenance of the common areas, private utilities, landscaping and retaining walls. 8. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. c. A covenant or association documents that addresses the proper installation, IN maintenance and replacement of any retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 9. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 10. Obtain a permit from the Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. F. Approve the project plans (site plan, landscape plan, grading and drainage plans and building elevations) for the Woodlands of Maplewood townhouses on the east side of McMenemy Street, north of Kingston Avenue. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: streets, grading, utility, drainage, erosion control, tree, sidewalk and driveway plans. The plans shall meet the following conditions and shall also meet all the conditions and changes noted in Erin Laberee's memo dated September 2, 2005. (1) The erosion control plan shall be consistent with city code. (2) Submit to staff revised plans that show as many of the private driveways as possible at 28 feet wide to allow parking on one side. (3) The grading plan shall: (a) Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood -fiber blankets and seeding them with a i[! "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show the proposed street and driveway grades as allowed by the city engineer. (g) Show the drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run -off from the surrounding areas. (h) Show details about the proposed pond fencing including the materials, gate, height and color. (4) The tree plan shall: (a) Be approved by the city engineer. (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, transplant, save or replace large trees. (c) Show the size, species and location of the transplanted and replacement trees. The new coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (e) Show additional tree planting for screening along the south and west property lines of the site. (5) The street, driveway and utility plans shall show: (a) A water service to each lot and unit. (b) The repair and restoration of McMenemy Street and Kingston Avenue (including curbing, street, and boulevard) after the contractor removes the existing driveways, connects to the public utilities and builds the new streets, sidewalks, trails and driveways. (c) The street and the driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. (d) The developer or contractor shall post the streets and driveways with "no parking" signs to meet city standards. (e) The public streets and private driveways labeled on all plans. (f) The common area labeled as Outlot B on all plans. (g) Areas for proof of parking off of the streets wherever possible. I (6) The design of the ponding areas and any rainwater garden(s) shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. Submit a revised landscape plan to staff for approval which incorporates the following details: (1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. (2) The addition of eight- foot -tall trees and /or fencing for screening along the west and south sides of the site. (3) The developer shall install landscaping in the ponding areas to break the appearance of the deep hole and to promote infiltration. Such landscaping shall be approved by the city engineer and shall be shown on the project landscape plans. (4) Having in- ground irrigation for all landscape areas (code requirement). (5) The plantings proposed around the front of the units shown on the landscape plan date - stamped February 1, 2005, shall remain on the plan. (5) A concrete walk from the driveway to the door of each unit. (6) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (7) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (8) The contractor shall restore the McMenemy Street and Kingston Avenue boulevards with sod. (9) Adding more evergreen trees (Black Hills spruce or Austrian pines) along the west and south property lines of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the houses to the south and west. (10) Shows the in- ground lawn- irrigation system, including the location of the sprinkler heads. IR (11) Shall be approved by the city engineer before site grading and shall be consistent with the approved grading and landscape plans. (12) Show the landscape or ground treatment for the areas between the driveways of the double dwellings. d. Show that Ramsey County has recorded the final plat for this development. e. Get the necessary approvals and permits from the watershed districts. f. Submit a site lighting plan for city approval. This plan shall show the installation of at least seven street lights and how the lighting on the buildings would add to the site lighting. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and from adjacent residential properties. g. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. h. The developer or builder will pay the city Park Access Charges (PAC fees) at the time of the building permit for each housing unit. i. Submit the homeowners' association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, outlots, the private utilities, trails, sidewalks, signs, landscaping and retaining walls. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. c. Complete all landscaping and turf irrigation for that building and its rainwater garden(s). d. Install the required concrete curb and gutter. e. Install a reflectorized stop sign at the exits onto McMenemy Street and addresses on each building for each unit. In addition, the applicant shall install "no parking" signs within the site, as required by staff. f. Install and maintain all required trees and landscaping (including the plantings around each unit and around the pond) and an in- ground sprinkler system for all landscaped areas (code requirement). g. Install on -site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs IVA to properly shield glare from the adjacent street right -of -ways and the nearby homes and residential properties. h. Install a six - foot -high solid screening fence or additional trees along the west and south property lines of the site where the vegetation does not adequately screen the townhouses from the existing dwellings. These additional materials are to ensure there is at least a six - foot -tall, 80 percent opaque screen on these sides of the site. The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 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 for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Provide a sign and landscape plan for the entrance and island at McMenemy Street for city staff approval. The monument sign shall be no more than six feet tall and shall have materials that are consistent with and architecturally compatible with the buildings within the development. The landscaping shall be compatible with the extreme conditions of the location and the materials shall need little or no maintenance. 7. The building elevations are not approved with this design review. The applicant shall submit revised building elevations to the community design review board (CDRB) for final approval. CITIZENS' COMMENTS I I surveyed the owners of the 81 properties within 500 feet of this site. Of the five replies, two had comments and questions about the proposal and three were against the proposal. For None Comments /Questions 1. Absolutely do not open the Kingston connecting road to residential vehicular traffic. (Schuldt — 1706 Arkwright) 2. See the e-mail from Margaret Jodeit (1714 Edgemont) on page 42. Against 1. Even revised — I am still opposed. Over populated, too much traffic for the area. Too much development, shouldn't there be any wilderness? (Schneider — 433 Larpenteur Avenue) 2. See the letter from the Herthers on pages 43 - 45. 3. See the letter from Kai Huot -Link on pages 46 and 47. N4a4 N 401 Is] =111110 Fill IIQ011 SITE DESCRIPTION Site size: 8.2 acres Existing land use: Three single dwellings and accessory buildings SURROUNDING LAND USES North: A single dwelling and the Hmong Church South: Houses on Kingston Avenue West: Houses on McMenemy Street East: Houses on Desoto Street PLANNING Existing Land Use Plan designation: R -1 (single dwellings) Existing Zoning: R -1 (single dwellings) Proposed Land Use and Zoning: R -2 (single and double dwellings) IL01 Findings for Rezoning Section 44 -1165 of the zoning code requires that the city council make the following findings to rezone property: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Criteria for Conditional Use Permit Approval Section 44- 1097(a) states that the city council may approve a CUP, based on nine standards. (See findings 1 -9 in the resolution on pages 52 through 54.) Ordinance Requirements Section 2- 290(b) of the city code requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. HOUSING POLICIES The land use plan has eleven general land use goals. Of these, three apply to this proposal. They are: minimize land planned for streets, minimize conflicts between land uses and provide many housing types. The land use plan also has several general development and residential development policies that relate to this project. They are: - Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. Oki] Include a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, townhouses, manufactured homes, single - family housing, public- assisted housing and low -to- moderate- income housing, and rental and owner - occupied housing. - Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. The housing plan also has policies about housing diversity and quality that the city should consider with this development. They are: - Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. The city's long -term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. Application Date The city received the complete applications and plans for this development on June 14, 2005. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, city action would normally be required on this proposal by August 12, 2005, unless the applicant agrees to another time extension. On August 8, 2005, the applicant agreed to a time extension until September 12, 2005, to allow the project engineer to make revisions to the project plans. p:sec 17 \The Woodlands (3) - 2005.mem Attachments: 1. Letter from Thomas Hailey dated August 29, 2005 2. Location Map 3. Zoning Map 4. Land Use Plan Map 5. Preliminary Plat dated August 29, 2005 6. Removal Plan 7. Tree Plan 8. Grading and Drainage Plan dated August 29, 2005 9. Proposed Utility Plan 10. The Boardwalk Elevation fife 1iT_7eI.F,Tt:li .1I7MIMfiGTi 12. Rear and Street Side Elevations 13. Twin Home Elevations 14. Twin Home Side Elevations 15. Unit Landscape Plan 16. September 2, 2005 memo from Erin Laberee 21 17. E -mail from Margaret Jodeit dated June 30, 2005 18. Letter date - stamped July 5, 2005 from the Herthers 19. Letter date - stamped June 30, 2005 from Kai Huot -Link 20. Land Use Plan Change Resolution (R -1 to R -2) 21. Rezoning Resolution (F to R -2) 22. Edgemont Right -of -Way Vacation Resolution 23. Conditional Use Permit for Planned Unit Development (PUD) Resolution 24. Project Plans date - stamped August 29, 2005 (separate attachments) 23 PA Attachment 1 u - Anaust 29, 2005 Ken Roberts City of Maplewood 1$30 E County Rd B ;Maplewood, Minnesota 55109- ✓F RE: The Woodlands of Naplewood Dear IVIr. Roberts, Enclosed are 16 full size and 16 half size sets of Preliminary Plans and Preliminary Plat, One 8.5 by t t Set of Plans and one set of drainage calculations are also included. The public cul -de -sac has a face of curb radius of 43 feet. The right of way for the cull de sac ties a radius of 55 feet. The public street has a width of 28 feet (widened from 24 feet) from face of curb to face of curb except at the entrance to the site. The public street at the entrance to the site has a street with of 16 feet from face of curb to face of curb per lane with a 12 foot island from back of curb to back of curb. A six foot sidewalk is along the north side of the public street, 'Ihe sidewalk is setback 5 feet from the back of curb, A cul de sac has replaced the hammer head turn around at the north private drive. The townhome located at this cul de sac has been rotated. The townhomes along the public drive have been moved to the east to provide a maintenance access to the east pond. The access is along the west unit on the public street. Building pad elevations have been adjusted to reduce retaining walls. Lowest floor for the building pads along the east pond are three feet above the 100 -year water elevation and the lowest floor for the building pads along the west pond are two feet above the 140 -year water elevation or one foot above the emergency overflow, whichever is higher. The townhomes located along the south side of the north private drive have been staggered and the driveways for the these units now come directly off the north private drive, which eliminates most of the retaining walls around these units. The ponds have been sized for a 100 -year event prior to discharging. The pond bottoms have been raised to reduced retaining walls. The southwest pond has been combined with the west pond. The emergency overflow for the combined ponds is at the southwest comer of the site. The Developer is also in the process of an obtaining construction from the property owners at the northwest corner of the site and from the property owner located at the southwest corner of the site. The construction easement will allow the elimination of the proposed retaining walls in those areas. These revisions have allowed a substantial reduction on the amount of proposed retaining walls on the site. If you have any questions or need additional information, please contact me at 763- 398 -6842. Sincero s„ Thomas F. Halley, P.E. Senior Project Manager Metro Land Surveying & Engineering Co., Inc. Liao Lakes Office: 248 Apollo -Dnve Lino Lek ,,. MN 55 014-30 1 6 Phone {763) 398 -6930 Fax i76}) 39% -2466 Pine Qtv Office: 1639 Main Sixcct N oh — Smw 7 P[ncC'iry MN 55063 Phone (320) 629 -3267 Fax (320) 629 -6176 Rogers Office: 12519 FletchvT 1 inc Noah — Unit R Rogers M'9 5i37g-Ppone (763) 423 -51317 Fax (763) 428 -5172 NIT VERNON AVE to R— F Park l awn i nn Location Map The Woodlands of Maplewood N 1 1 72- 1 17 '694 RI MR EY AVE \ , s54 1848 0 18s£3 .4-c-", �AV-L-141/ -STU 17130 1784 1780 1778 1764 '5 1760 (1714 714 1713 1705 1706 1705 1706 IM 1700 1695 1896 it t 1488 16235 1685 i 1686 W W LAQPE�JTEUR A'JF Zoning Map The Woodlands of Maplewood 1 rA 1 7 17 ca 2� N , s54 1848 0 18s£3 17130 1784 1780 1778 1764 '5 1760 71 1 rA 1 7 17 ca 2� N 1 1876 1 . 780 MR EY XVF 17130 1774 1770 180 1784 7687 CH 1780 1766 1778 1764 1750 '771 Site 74e. ,765 1 746 1747 1740 736 721 N 172' 7�lo xNGSTMI AVE S l 4a 1717 17,16 1713 1714 '714 1708 1705 1706 1705 1706 1699 17 1700 1695 1896 694 1689 z o 1688 1685 eq 1686 rt 1688 W W LAQPEhJTEUR A'JF Land Use Plan Map The Woodlands of Maplewood N 1858 1858 s54 18�3 1848 RI 1838 1 835 0 1822 MR EY XVF 17130 1774 1770 180 1784 7687 CH 1780 1766 1778 1764 1750 '771 Site 74e. ,765 1 746 1747 1740 736 721 N 172' 7�lo xNGSTMI AVE S l 4a 1717 17,16 1713 1714 '714 1708 1705 1706 1705 1706 1699 17 1700 1695 1896 694 1689 z o 1688 1685 eq 1686 rt 1688 W W LAQPEhJTEUR A'JF Land Use Plan Map The Woodlands of Maplewood N A�. J § . t—� __ \ � {lf� p�Z °�i rn nn.a.rm aaxr�r m� u��. r. s'4u e_... n.� rvvrru rr.rr.e�� ---------------- - 29 A 1 775 �7� 41 - - , — 1 q Ali I SOP A YeNU LOTAREAS -MIT Ali I Attachment 6 1768 1 LEGENT -- - - - - - - - - - - N, ? CHURCH 1748 1746 EMA 173e L 385 377 1724 1723 1716 1 713 1771 1765 1747 407 1 -395 7 . 415 E' wan M I FAUM LEGEND N 407 415 1747 um N I It, At NW 1746 s 1736 — 377 1723 1724 1 1716 713 LEGEND N 407 415 1747 um N I It, At NW Attachment 8 F - 2' -G S` R EROSION CONTROL N07TS � `-•. .e � ° em.o a* a�w .arm a' I Y k I � / 1 _ _ <ro.rwe w4° wu �. +.a oz. at w+•o o® X.aZ M AVESUE F - 2' -G S` R EROSION CONTROL N07TS . s ll l ! s 0 'M L- I=NOTE3 j t 23 14 ' 25 �28' 271 28 1 w .w....oh a Il s _ , I�� —�� � —q \ !' r1d�' •\ }app _ — 1— � a��a /�V�� �l1` C � j �; a , , vEGEND u_ IV 1 ! s 0 'M Attachment 10 ! i sw 33 33 i i Attachment 11 0 T. I Attachment 12 R�PR. &iG. I ATiO i.I w 35 N-,IL Attachment l] " -[~ Attachment 14 e Attachment 15 rsea s n-..v :1 F, uvtl hreg SMw &aM Lun. he4n lmf+unq 8N6a nmm a .aq ] <8+at«e9w $MOOP.y r 4«m 6ua mOVn 0 1 9#6w S/ASn S ChmJ fjg.y e Attachment 16 Engineering Plan Review PROJECT: The Woodlands of Maplewood PROJECT NO: 05 -04 REVIEWED BY: Erin Laberee, Maplewood Engineering Department DATE: September 2, 2005 Integra Homes is proposing to develop the properties at 1740, 1750 and 1766 McMenemy Street into 28 townhomes. They recently submitted revised plans to the city for the proposed development — these comments are about those plans. As now proposed, the primary access for the development would be from McMenemy Street. The plans also show an emergency vehicle access with a pedestrian trail off of Kingston Avenue. The existing site includes two low areas with no outlets that currently store and infiltrate storm water runoff from most of the site. As proposed, the developer would enhance the low areas to create two ponds to treat runoff from the new development. These new ponds would function as no outlet ponds and store the 100 year rain event. An emergency overflow pipe from the western pond would direct additional runoff into the existing storm sewer on McMenemy Street. The developer and the project engineer shall address the following issues. Streets and Driveways The developer is proposing Sophia Avenue as a public street. Typically public streets and public utilities are constructed as a public improvement project, administered and constructed by the city. If the developer wishes to administer the construction of the public street and utilities in conjunction with the private construction, then Maplewood's Engineering Standards must be strictly followed. These standards include a construction inspection schedule that outlines erosion control, grading, utility and street construction, and testing requirements. The developer and/or engineer shall submit a letter outlining how Maplewood's standards will be followed. The developer shall ensure that all construction activities conform to Maplewood's standards by entering into a Development Agreement with the city. City staff will keep a close watch on the site during all construction activities — especially those relating to the construction of the public street and utilities. 2. The proposed street section does not meet the city's standards. The project engineer shall revise the public street section detail to include 1.5 inches of wear course, 2 inches of base course, 8 inches of aggregate base and 24 inches of select granular borrow. 3. All vertical curve information shall be shown on the plans. The vertical curve at station 11 +00 on sheet 6 is too short and should be increased to achieve a K value closer to 20. 4. It is recommended that the developer construct a six - foot -wide concrete sidewalk along the east side of McMenemy Street to provide a loop trail system around the development. 5. The proposed trail at the northeast corner of the site has a 10% grade. The trail must meet the following grade requirements. Running slope shall be 1:12 maximum for 200 feet maximum. Resting intervals complying shall be provided at distances no greater than 200 feet apart. Running slope shall be 1:10 maximum for 30 feet maximum. Resting intervals complying shall be provided at distances no greater than 30 feet apart. Running slope shall be 1:8 maximum for 10 feet maximum. Resting intervals complying shall be provided at distances no greater than 10 feet apart. Resting Intervals. Resting intervals shall be 60 inches minimum in length, shall have a width at least as wide as the widest portion of the trail segment leading to the resting interval, and have a slope not exceeding 1:20 in any direction. Grading & Erosion Control 1. The city requires a building permit for retaining walls greater than four feet high. A plan and a specific soil stabilization detail for the wall design will be required as part of the building permit. All retaining walls greater than four feet high require a fence along the top for safety. 2. The city, Ramsey /Washington Metro Watershed District, and the MPCA (new NPDES Construction Permit) all require grading permits. The applicant shall note on the plans the exact seed mixtures the contractor is to use in the different areas. The contractor shall use native seeding around the pond areas. The developer shall enter into a maintenance agreement for the establishment of the native seeding. Drainage 1. The project plans do not appear to show an emergency overflow swale for the eastern pond. The engineer shall model the pond for a plugged outlet situation to ensure that none of the adjacent homes are in danger of flooding. 2. All inlet and outlet pipes shall be shown to the NWL along with rip rap shown at the FES. 3. The inlet and outlet to the western pond shall be combined into a single storm sewer line. CB 30 and 31 should be eliminated. 4. The invert at FES 33 on sheet 6 does not match the invert indicated in the drainage calculations. The project engineer shall revise the project plans to correspond with the drainage calculations. 5. The infiltration area shall include 8" of bedding material or topsoil on top of the geotextile fabric to allow for seeding above the infiltration area. 6. The project engineer shall note the EOF elevation of the church pond north of the site on the project plans. Utilities 1. The project engineer shall note the material for the sanitary sewer main SDR 35 and the services as Schedule 40. 2. The applicant shall obtain St. Paul Regional Water Services (SPRWS) approval. Misc. The contractor shall use a native seed mixture around the proposed basins. The project engineer shall call this out on the project plans. 2. Outlot A shall be dedicated to the city and maintained by the homeowner's association. It is recommended that the developer screen the south side of Sophia Avenue with screening fencing and/or landscaping. The homeowner's association shall maintain all landscaping within the public right of way, within the ponding or drainage basins and in the common areas. The applicant shall enter into a maintenance agreement with the city for the maintenance of the ponds, sump structures and any landscaping proposed within the city's right of way. The city will require a homeowner's association to be the responsible party for all landscaping maintenance, including right -of -ways, the common areas and the ponding areas. 4. The developer shall enter into a developer's agreement with the city for the construction of the public street and for the utilities. Attachment 17 From: Jodort, Margaret [MmrgaretJwdmb@n»|sinfo] Sent: Thursday, June 3U.2OO512:13PM To: Ken Roberts Cu: in4eit@attne$ Subject: Proposed development: Revised Woodlands mf Maplewood, 174N.1750and 1766 MoMnne,ny Street 8i Ken, We have reviewed the revised proposal for the Woodlands project. l, The proposed paved trail along odgemuot place for a 2nd emergency vehicle anoeou; how wide will this trail be? Bna/ will uozuml traffic he discouraged from using this trail? Will it orcz be possible for this trail to be expanded into a public or private road? #y concern is that future development will determine that this trail should become a road, and z would like it to be specified that this cannot happen. We still have children who play and ride bicycles on the street, and I do not want the amount of traffic on our streets to increase. 2. Maplewood currently has 8dgemnut Street, Kingston Avenue and &ckwc1gbt Street. z am extremely uneasy about naming additional streets: Cdgemout place, Kingston Court and 8logotuo Lane, particularly as Ddgemout Place is designated an a trail for emergency aooenu vehicles. I believe that these utzecLo and trail should be otherwise named for clarity. Assuming that these cnococos can be resolved and that all other conditions will be handled as per code requirements, that utilities will have minimal disruption during the construction process, and will resume as normal when cnumtzoot1nu 1s complete, z do not have any additional nhiectiuoo to the development of Woodlands of Maplewood: 1740, 1750 and 1766 McMeocmy Road. William and Margaret Jndeit 17I4 Sdgemnot Street Maplewood, MK 55117 651-772-1738 judeic@utt.uet 47 42 13%7- R gym a A M We are writing in response to the open letter we received dated June 21, 2005, concerning the revised, proposed "Woodlands of Maplewood Town House Development — 1740 and 1750 McMenemy Street, Maplewood," We believe that it should be rejected as proposed. Here are just some of our concerns: I I -- UNNIII m NOW 11 4 1 compared to surrounding neighborhood areas. 43 43 The project's "tree plan" would, in fact, remove most of the trees already on the proposed site. Developments in recent years — the Ripley street development, the townhouse development north of the Hmong church, the Hmong church development and current development on the west side of McMenemy — the forestation in the area has already declined dramatically in the past 10 years, This impact deserves c onsideratio i. AT �li�! ■ !•' i LL.i - iii • is I1 • -i .. • other services for the homes he would be constructing. impose on the neighborhood (street upgrades, etc.) done before any more development is m_ i - to the area More traffic along Kingston/Arkwright/Edgemont streets would obviously result in more wear-and- on - stre ..I at least nothing that has been shared with the residents of the area. high densit� housing, by negotiating with the owners of the homes on McMenemy next to his project which is for sale. This would give him a much larger land area on McMenemy for egress from his site. It ON as 0 OWN KOW100111111 I I HADMIECKNIAZINK"UPIC-3 HIN 1 WqffI;gJ, 1 2; [a] INN 2 40 0 =94" Nancy He Cc: Robert Cardinal, Mayor Kathleen Juenemann, Council Member Will Rossbach, Council Member Jackie Monahan-Junek, Council Member Mavin Koppen, Council Member Lorraine B. Fischer, Chair, Planning Commission Tushar Desai, Vice Chair, Planning Commission Attachment 19 RECEIVE'n JUN 3 0 2005 Regarding the proposed Woodlands of Maplewood Town House Developmem L EEN ED like to voice some of my concerns. JUN 3 o 2005 1 live on McMenemy Street across the street from the site. I am very unhappy with the proposal for several reasons. NIIIIIINININIIIII WON 5. The development surrounds two remaining homes on McMenemy street. These houses fit perfectly into the existing neighborhood but would be completely isolated by the proposed development. I don't think this is fair to those homes. 6. While McMenemy street can handle more traffic, it does require more enforcement to deter speeders. Most cars do not observe the 30mph speed limit. I RI Ma RMIR IM WIWI The overall impression I get from the proposal is that it is an attempt at wholesale � profiteering. I strongly question whether it would be in the interest of Maplewood to 4747 Attachment 20 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Chris English, representing Integra Homes, proposed a change to the city's land use plan from R -1 (single dwellings) to R -2 (single and double dwellings). WHEREAS, this change applies to the properties at 1740, 1750 and 1766 McMenemy Street in Section 17, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1 -28 of the proposed Woodlands of Maplewood) WHEREAS, the history of this change is as follows: 2. On July 18, 2005, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the proposed change. 3. On August 8, 2005, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. 4. On September 12, 2005, the council again considered the proposed land use plan change. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described change for the following reasons: 1. It would be consistent with the goals and objectives of the comprehensive plan. 2. This site is proper for and consistent with the city's policies for medium - density residential use. This includes: a. It is near a minor arterial street (Larpenteur Avenue) and is on a collector street. b. Minimizing any adverse effects on surrounding properties because there would be minimal traffic from this development on existing residential streets. 3. It would be consistent with the proposed zoning and land uses. The Maplewood City Council adopted this resolution on 2005. Attachment 21 RESOLUTION: ZONING MAP CHANGE WHEREAS, Chris English, representing Integra Homes, proposed a change to the zoning map from F (farm residence) to R -2 (single and double dwellings). WHEREAS, this change applies to the properties at 1740, 1750 and 1766 McMenemy Street (for the proposed Woodlands of Maplewood). WHEREAS, the legal description of these properties are: OVERALL DESCRIPTION The South 91.99 feet of the West 407.00 feet of the North 166.99 feet of the South 325.39 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. Parcel A The South 91.99 feet of the West 158.00 feet of the North 166.99 feet of the South 325.39 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. Parcel B The South 91.99 feet of the East 249.00 feet of the West 407.00 feet of the North 166.99 feet of the South 325.00 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. All in Section 17, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as The Woodlands of Maplewood) WHEREAS, the history of this change is as follows: On July 18, 2005, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the zoning map change. 2. On August 8, 2005, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. 3. On September 12, 2005, the city council again considered the proposed zoning map change. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. -.i 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The owner plans to develop this property for single and double dwellings. The Maplewood City Council adopted this resolution on 2005. 99 Y�7 Attachment 22 STREET VACATION RESOLUTION WHEREAS, Integra Homes applied to the city for the vacation of the following- described parts of a right -of -way: The easterly 15 feet and the westerly 15 feet of the unused Edgemont Street right -of -way located north of the north right -of -way line of Kingston Avenue. (in Section 17, Township 29, Range 22) WHEREAS, the history of this vacation is as follows: On July 18, 2005, the planning commission held a public hearing about this proposed vacation. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the proposed vacation. 2. On August 8, 2005, the city council reviewed this proposal. The city council also considered reports and recommendations of the city staff and planning commission. 3. On September 12, 2005, the city council again considered this proposal. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: Lot 1, Block 3, Monn's Villa 385 Kingston Avenue, Maplewood, Minnesota PIN: 17- 29 -22 -33 -0021 Lot 10, Block 1, Monn's Villa 395 Kingston Avenue, Maplewood, Minnesota PIN: 17- 29 -22 -33 -0030 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described right -of- way vacation for the following reasons: It is in the public interest. The applicant and the abutting property owners location. The adjacent properties have street access. The vacation of the parts of the right -of -way will improve their homes. have no plans to build a public street at this allow the adjacent residents to expand and 31 51 This vacation is subject to the city retaining the center part of the Edgemont Street right -of -way located north of the north right -of -way line of Kingston Avenue for public purposes. The Maplewood City Council adopted this resolution on 2005. Attachment 23 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Chris English, representing Integra Homes, applied for a conditional use permit (CUP) for the Woodlands of Maplewood residential planned unit development (PUD). WHEREAS, this permit applies to properties at 1740, 1750 and 1766 McMenemy Street. WHEREAS, the legal descriptions of the properties are: OVERALL DESCRIPTION The South 91.99 feet of the West 407.00 feet of the North 166.99 feet of the South 325.39 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. Parcel A The South 91.99 feet of the West 158.00 feet of the North 166.99 feet of the South 325.39 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. Parcel B The South 91.99 feet of the East 249.00 feet of the West 407.00 feet of the North 166.99 feet of the South 325.00 feet of the West 984.8 feet of the North half of the Southwest Quarter of the Southwest Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota. All in Section 17, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as The Woodlands of Maplewood) WHEREAS, the history of this conditional use permit is as follows: On July 18, 2005, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On August 8, 2005, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. 32 52 3. On September 12, 2005, the city council again reviewed the proposed conditional use permit. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the plans date - stamped August 29, 2005 except where the city requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's standards and the engineering department requirements. (2) The developer minimizing the loss or removal of the vegetation and large trees. (3) All the changes required by the city engineer and by the watershed district. The city council may approve major changes to the plans. The director of community development may approve minor changes. 33 53 The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Erin Laberee's memo dated September 2, 2005, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation /replacement, and parking plans. The cul -de -sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer shall enclose the new ponds with a four - foot -high, black, vinyl - coated chain -link fence. The contractor also shall install a gate in the fences as may be required by the city engineer. (2) Provide for staff approval a detailed storm water management plan. c. The following for the streets and driveways: (1) Curb and gutter along the street, if the city engineer decides that it is necessary. (2) Clearly labeled public streets and private driveways on the plans. 4. The design of the ponds shall meet Maplewood's ordinance standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site pond and drainage easements, if applicable. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk, fencing or fill from the site. 6. The approved setbacks for the principal structures in the Woodlands of Maplewood PUD shall be: a. Front -yard setback (from a public street or a private driveway): minimum - 20 feet, maximum — 35 feet b. Front -yard setback (public side street): minimum - 20 feet, maximum - none c. Rear -yard setback: 20 feet from any adjacent residential property line. d. Side -yard setback (townhouses): minimum - 20 feet minimum between buildings. 34 IZI! 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on 2005. 99 �7 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JULY 18, 2005 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:03 p.m. II. ROLL CALL Commissioner Eric Ahlness Present Vice - Chairperson Tushar Desai Absent Commissioner Mary Dierich Present Chairperson Lorraine Fischer Present Commissioner Michael Grover Present Commissioner Jim Kaczrowski Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Jeremy Yarwood Absent Staff Present: Ken Roberts Planner Chuck Ahl Public Works Director Lisa Kroll Recording Secretary JJ11111111111111101= 11Iy:1 *1NIRr a. THE WOODLANDS OF MAPLEWOOD (MCMENEMY STREET, NORTH OF KINGSTON AVENUE) (7:06 — 8:28 p.m.) Mr. Roberts said Mr. Chris English, representing Integra Homes, is asking the city to approve plans for a 28 unit townhouse development. He has prepared a site plan that shows 28 townhouses (in 14 detached townhomes and seven twinhomes) in a development called The Woodlands. It would be on an 8.2 -acre site on the east side of McMenemy Street, north of Kingston Avenue and south of the Hmong Church. For this proposal, the developer intends to sell each of the townhomes and expects that each unit will sell for at least $300,000. Staff recommends approval of the six requests of the developer. Commissioner Trippler asked how many townhome units were proposed with the previous plan compared to this new plan? Mr. Roberts said this plan has two fewer units than the previous plan did. 36 Xll Commissioner Trippler said when he reviews a proposal two things he looks for in the plan are sidewalks and raingardens. He asked if the city has a policy to encourage developers to incorporate sidewalks and rain gardens into the plan? Mr. Roberts said the city has been working with the developer and they plan on installing a trail along the north edge of the project between unit 1 over to unit 11 connecting over to unit 28. There is no new sidewalk proposed along McMenemy Street. The city tries to persuade the developer to construct sidewalks whenever reasonable or possible. Commissioner Trippler thinks sidewalks are critical and most of these proposed streets are very narrow. The minimum width for a public street is 24 feet wide and the private streets are listed as 26 feet wide. Because of the narrowness of the private street there wouldn't be room for cars to be parked along the street. Mr. Chuck Ahl, Public Works Director, addressed the commission. The rain gardens are something the city encourages developers to accomplish. This site is unique from the standpoint of rain gardens. The developer is restricting the runoff to nearly the entire site to the two storm water ponds and that overflows into a third smaller pond. The city is trying to infiltrate a 12 inch rainfall event with this. Rain gardens are to infiltrate a 1 inch rainfall. This standard is to control a 12 inch rainfall entirely on the site. This system meets the NERP standards and is comparable to 100 rain gardens on the site. The city typically doesn't require sidewalks for these types of streets along with the traffic volume of 100 to 200 vehicle trips per day. McMenemy Street is the type of street the city would recommend sidewalks for. When the roadway is redone the city may be installing sidewalks rather than having the developer install sidewalks. Chairperson Fischer asked the applicant to address the commission. Mr. Brian Bourassa, the applicant, MFRA Engineering, Plymouth, addressed the commission. Mr. Bourassa handed out a new illustration of the changes they did today that were requested from engineering. They eliminated one of the hammer head turn arounds in the southeast corner of the site and added a private drive turn around that meets the requirements that the engineering staff suggested. They are still investigating the potential for another turn around on the northern end of the private street between units 11 and 12. They met with the engineering staff last week and have been able to address many of the comments from engineering and the Metro Watershed District. Commissioner Trippler appreciated the developer going the extra mile to propose moving and replanting the larger trees. He asked what the developer's responsibility is to replace any trees that are planted /replanted on the site if they should die. Mr. Bourassa asked staff if that would be part of the developer's agreement? 37 Mr. Roberts said yes. Mr. Bourassa said they would take care of the concerns regarding the trees. They have hired a professional arborist and depending on the tree species the trees will be transplanted to a non - graded part of the site or balled and burlapped depending on the time of the year and the diameter of the tree. They would enter into an agreement with the city to have a guarantee period for the trees. Commissioner Trippler asked what the height of the retaining walls would be. Mr. Michael Villari, Project Engineer, Metro Land Surveying & Engineering, 412 County Road D East, Little Canada, addressed the commission. Mr. Villari said the retaining walls will be discussed at the CDRB meeting but said they try to keep the retaining wall under four feet in height as much as possible. Chairperson Fischer asked if the applicant had any concerns regarding the conditions listed in the staff report? Mr. Bourassa and Mr. Villari said they had no concerns. Chairperson Fischer opened the public hearing. Mr. George Rossbach, representing the Historical Commission and residing at 1406 County Road C East, Maplewood, addressed the commission. He knowsthe Historical Commission doesn't have the power to confirm or deny this proposal but feel it's their duty to speak out regarding the five 100 year old homes on McMenemy Street. The Historical commission have photographed, cataloged, researched, and registered these homes with Maplewood. They would like some identification on the site such as a bronze plaque or something to show a 100 year old home once stood there. Commissioner Trippler asked which 100 year old homes would be affected by this proposal? Mr. Rossbach said 1741, 1750, 1765, 1766, 1768 McMenemy Street. Commissioner Trippler asked if the Historical Commission recommended that these homes not be displaced with this proposal? Mr. Rossbach said the Historical Commission wasn't notified that this was happening until they found out about it today. The Historical Commission felt they should at least be present to make a statement regarding the displacement of these 100 year old homes. 38 I. .] Commissioner Trippler asked if the Historical Commission has cataloged the homes with the history of each home as well as other homes throughout the city. There are five homes in this neighborhood that are going to be affected by this proposal. Commissioner Trippler asked if 1750 or 1766 McMenemy Street had any unique historical value? Mr. Rossbach said nothing other than being 100 years old and cataloged as such in the city. Mr. Rossbach said over the sixteen years he sat on the city council he was famous for a few statements and one of those statements he was known for was "a PUD is a license to steal ". He wondered what the need for was for a PUD in this proposal? Mr. Roberts said in his opinion the developer is not stealing with this development. The primary reason for a PUD is forthe mix of private and public streets and a mix of setbacks off the private and public streets. In the city code there is not a good definition for detached townhomes as far as lot size. If the city had to treat these as single family homes these would have to be 10,000 square feet individual lots. By having a PUD the city can allow for smaller lots with a common area fora townhouse effect. Mr. Rossbach said it ends up with the same effect, it allows the developer to do things the rest of us can't do. Mr. Roberts said yes if the developers ask. Chairperson Fischer said in the past staff has commented for a side by side home if you want common open space for environmental purposes you can't get 10,000 square foot lots and get the environmental features you want. A PUD is the only way the city has done that in the past. Mr. Rossbach said he comes from the generation where a single family home has a 1 acre sized lot. Commissioner Dierich asked if the Historical Commission registered these 100 year old homes with the national historical registry or just locally. Mr. Rossbach said these homes are cataloged and documented only in Maplewood. Commissioner Dierich asked if there had been any discussion regarding moving these homes to another location to save the homes and the historical nature of the homes? Mr. Rossbach said no, they are like everybody else in the city, the Historical Commission has no money and no power and all they can do is make a recommendation to the city council. 39 TO] Mr. Kai Huot -Link, 1741 McMenemy Street, Maplewood, addressed the commission. He lives directly across the street from this proposed development in one of the 100 year old homes. He moved to this home 6 years ago and what attracted him to this neighborhood was the character of the 100 year old homes on 1 acre lots. The home at 1740 McMenemy Street was built in 1900 and during the time the other homes were cataloged that home had not passed the 100 year mark but is now 105 years old. It's pretty disturbing to him that this developer wants to change the character of the neighborhood by removing the 100 year old homes and building $300,000 townhomes. This is a historical neighborhood and has a sense of place because it has been there a long time. People still think of this house as the Thomalla house. Putting townhomes in this neighborhood only fragments this neighborhood and would change the character. Land is expensive and it's very hard to buy a 1 acre lot these days. Partly because people are willing to pay a lot of money just for the piece of land not for the existing house. The property at 1740 McMenemy sold for $440,000 while the house was only valued at $10,000. He bought his 1 acre property 6 years ago for $113,000. These could be fixer upper starter homes for a younger family. There are no yards in this townhome proposal. This kind of development won't attract people with children. He has four children and they enjoy their yard. His neighbor has four children to the north and the neighbors to the south have two children. There are beautiful gardens in some of these yards and what type of opportunity is there for people to have gardens and space to call their own. The whole discussion regarding density of housing at 3.41 units per acre is confusing. The property at 1766 McMenemy Street has one house that is 100 years old and the developer wants to put 6 units on it which is almost twice the stated average. He doesn't understand that kind of math. He asked the commission to look at the homes on Kingston Avenue and on McMenemy Street, the size and spacing of the homes. Then there's this proposal that crams in 28 units in such a small space. It doesn't fit into this neighborhood. He has strong feelings about this project and hopes the planning commission can appreciate that and consider recommending fewer units for this proposal. He asked what the legacy of this development is? Commissioner Grover asked if the developments north of this proposed site have similar densities? Mr. Roberts said there are two different developments in this same area of Maplewood both with similar densities. One is called The Gardens, which is north of this site with 20 units on a private drive and The Overview for 24 units (12 twinhomes) on a cul -de -sac. Commissioner Dierich said staff said that 3.41 units per acre is a low density for R -2 zoning and she asked what the density would be if it had been R -1 zoning? Mr. Roberts said the city has some single family developments at 3.2 units per acre. Commissioner Dierich said the developer could have broken this area up into single family lots for 3.2 units per acre without coming before the planning commission? Cis] Y�7 Mr. Roberts said it would have required a comprehensive plan change. Ms. Margaret Jodeit, 1714 Edgemont Street, Maplewood, addressed the commission. She and her husband moved here six years ago. She was here before regarding this proposal when it came before the planning commission and overall she is pleased with the changes the developer has made. She wanted to make sure the emergency access trail would not be named Edgemont Place so there would be no confusion that this is not a normal street for driving on. Mr. Roberts said the city wasn't going to name the trail so there shouldn't be any confusion. Ms. Jodeit said Kingston Court, Kingston Lane and Kingston Avenue are very similar and she is worried this could cause confusion for emergency vehicles trying to locate properties and she wondered if there would be any other street names they could use. Mr. Roberts said staff reviewed that concern with the public safety department and on page 13, item f. the city recommended different street names other than Kingston. Mr. Tom Azzone, 1723 Edgemont Street, Maplewood, addressed the commission. He spoke a long time at the previous meeting regarding this proposal so he would try to keep this discussion short. He wanted to make sure this is a ten foot wide blacktop trail. He wanted to make sure the land on either side of the trail is being vacated to the neighbors. He wanted to make sure the possible street going through there has been eliminated. He thanked the developer for their common sense they exercised on this plan. Mr. AN said the city acknowledges the trail is ten feet wide, the street is being vacated, and that precludes any future public street to be constructed through that corridor. Mr. Larry Jaehnert, 1771 DeSoto Street, Maplewood, addressed the commission. He said this is also his second time to address the planning commission regarding this proposal. He asked if the commission members had a copy of the minutes from the previous time this item was heard? The planning commission responded no. Mr. Jaehnert said he would then briefly discuss what he said the last time. He asked if the developer had their wood lot alteration permit or is that done afterthe approval is made? Mr. Roberts said a wood lot alteration permit is not required if they have other development applications like this in. The developer would only need a wood lot alteration if he wasn't applying to the city of any other approvals. 41 �I Mr. Jaehnert said the city code talks about the natural characteristics of neighborhoods and there is quite a bit of code that is written for dealing with those natural characteristics. He read the Maplewood City Code, Section 12 -247, which states the purpose of this article is to protect significant natural features which preserve the natural character of neighborhoods. Mr. Jaehnert said Section 12 -249, states a significant natural feature means a significant water body, a large tree, a wood lot, a significant slope or a site of historical or archeological significance that has been recorded with the state. He said there have been changes made to the original plan but the developer still did not address the woodlot which is on the eastern side of the property between 1771 and 1765 McMenemy Street. He hates to see trees removed and the city code bypassed. There has been other development in the area where quite a few trees have been removed as well. Even though there is a tree plan to preserve and move as many trees as possible but what size of tree can be transplanted and still survive. Mr. Roberts said city code states the city can't preclude the development of a property by saying they have to preserve a certain number of trees. The way the city code is written the developer needs to preserve at least 10 trees per acre when the development is done. If they can't do that the developer needs to replace the trees as a 2 to 1 ratio or try to transplant or move them around on the site. That is what the developer proposes to do. They plan to save and or transplant up to 200 trees on the 8.2 acre site which is well above the minimum 82 trees the city would require by city code. The city has not seen the plan for that and that is required before the city can sign off on the final plans. Mr. Jaehnert said he has an enormous oak tree on his property nearthe development and he would be very appreciative if the developer could do everything they could to save this tree. He doesn't know what the code states to develop or dig on a drip line but the base of the tree is about 9 feet around and he would like this tree be saved at all costs. Mr. AN said when the developer prepares and submits their grading plan to the city to review one of the requirements is the developer needs to stake and erect the construction fence outside the drip line so they cannot go underneath the drip line and cut roots. He believes the tree Mr. Jaehnert is referring to is in the northwest corner of the parcel and believes that is a protected area and the developer is nodding his head yes that area is protected. Mr. AN will direct his staff to erect the construction fence so there is no grading done in that area. 42 �a Mr. Jaehnert asked how this development fits in with the long term planning for Maplewood and how it fits in relation to similar developments that are taking place now? The Met Council determined that Maplewood is built up enough to their satisfaction. He wonders what the long term vision for Maplewood is. He is concerned about the amount of density in the area and the public safety because there is no space for people to walk. There are no sidewalks in the area and the more development that occurs in this area causes more public safety concerns. There is no park in the area except for the park on Edgerton Street. He wondered if there would be any other parks built in the area. The area is becoming so dense there is no place for people to go. Mr. Roberts said he is not convinced the Metropolitan Council thinks Maplewood is built out. The Metropolitan Council has been pushing the city to add more units and more density because the city is within the Highway 494 and Highway 694 ring. With the last comprehensive plan update the Met council thought the city had too much commercial and industrial land and they liked areas like Legacy Village so there would be more units within the primary infrastructure of the city. The Metropolitan Council likes developments like this proposal rather than people moving out to areas like Forest Lake. Mr. Roberts said regarding more parks in the area that question would have to be answered by the Maplewood Parks & Recreation Director, Bruce Anderson. The public safety people that reviewed this plan stated they liked the idea of having trails within the development and also provided comments regarding changing the name of the street. Walking around the area as a whole could be a challenge. Possibly when DeSoto Street is reconstructed sidewalks could be incorporated which could alleviate some of the public safety concerns. Mr. AN said sidewalks are something the city struggles with all the time. When the city holds hearings regarding the reconstruction of roads and the subject of sidewalks comes up the city runs into issues with homeowners not wanting sidewalks built on their property. The city takes a firm stand regarding sidewalks. McMenemy Street is a roadway that was turned back from Ramsey County to the City of Maplewood. McMenemy Street doesn't have sidewalks. DeSoto Street and McMenemy Street are funded through gas tax money that the city receives. The legislature proposed a .10 cent gas tax increase which Maplewood would have received significant dollars from that would have paid for features like this, unfortunately that gas tax increase did not occur. The city is struggling with how to reconstruct roads. Funding is always a problem and adding sidewalks is the number one request that people would like added in their neighborhoods. Except for the residents that would have to have sidewalks in their front yards. 43 191 Commissioner Ahlness said Maplewood is a first tier suburb. One of the biggest challenges is for redevelopment in the city. As a planning commissioner he tries to find out how the city can best see the development that would enhance the city in the long term. The city cannot restrict the developer's economic benefit of the land. The city looks at the best way to enhance the community but not harm the neighborhood. If it would harm the neighborhood the city has to find some specific reasons to disapprove the proposal. Using the reason you don't want this development to move forward because of the loss of trees or you don't want this development in your backyard simply isn't a strong enough reason to deny the proposal. If the city recommended denial of the proposal for those reasons the city attorney would come back to the planning commission and tell them those reasons are not strong enough to deny this proposal. In this case when the developer has a plan to remove and replant as many trees as possible he looks at that as a positive thing and based on the proposal he is in favor of this plan. Commissioner Trippler said as a planning commissioner he looks to see if a development fits into the overall character of the neighborhood. Even though this proposal has a little more density than the area to the south or to the west, it fits into what is being built to the north of this development. Even though the developer says he is going to save as many trees as possible, many times trees still die during construction. He would assume trees die in many construction projects, and sometimes it can't be helped. He appreciates the fact that the developer has listened to the concerns and comments of the neighbors and that the developer is going to relocate as many large trees as possible, which can be very expensive. He would like to see the 100 year old homes stay in the neighborhood too and can appreciate the concerns of the neighbors. Unfortunately unless you can write a check out to the developer to buy him out this proposal is going to move forward. M �Y! Commissioner Die rich lives in south Maplewood and later tonight the commission will be discussing density and possible development of the southern end of Maplewood. Because she is going to be dealing with a similar situation in her neighborhood she can appreciate the comments and concerns of the neighbors and it's hard to accept and deal with. South Maplewood is going to go through some major development changes in the very near future. There are truly significant natural features in southern Maplewood as opposed to this neighborhood where it's a mixture of trees and older homes. Regarding Maplewood being built to capacity, it's not that the city is already built to capacity; it's that the city has built enough affordable housing for what is required by the Metropolitan Council. The developer took the comments from the planning commissioners and neighbors. The developer has come up with a nice plan that will add to the tax base for Maplewood, it will look very nice in the neighborhood and still add more residents in Ramsey County rather than having them move out to the outer suburbs, which should make the Metropolitan Council happy. The density is not that bad compared to what the developer could have proposed to build on this property. She's disturbed that the historical commission didn't list these 100 year old homes with the national registry or with the state. Her daughter does that for a living and she knows it takes a long time to go through the whole process but it's too late to file now. She would encourage the Historical Commission to initiate the action to record 100 year old homes. The city is trying to get as much open space as possible and having these townhomes allows for community open space in this development. Mr. Jaehnert asked if the trail system within this proposed development is private or can the trail system be opened up so anyone can access the trail system? Mr. Roberts said the trail system from Kingston Street north into the development up to the center cul -de -sac would be public because it would still be on the public right of way and connect to the public street. The trail on the north side of the development, near the church would be private because that would be in the common area of the townhomes. Although the city can't encourage people to trespass, he doesn't believe anybody will be there guarding the trails. As far as the trail system, developing a trail network for the neighborhood as a whole would have to be looked at by the city. Chairperson Fischer closed the public hearing portion of the meeting. Mr. AN said the Kingston Court public right of way access point and McMenemy Street have a small segment on the south side called outlot A. That is a reserved strip not allowed by the city code. The city would like outlot A dedicated as right of way. Mr. AN said he thought that was put in to restrict the property owner because he wouldn't agree to part of that to restrict his access to a public road and the city doesn't allow that in the code. Outlot A will be a dedicated right of way like Kingston Court. Mr. Roberts said that change would be made before this goes to the city council. 45 7 Mr. Azzone, spoke out of line and away from the podium so his questions was not picked up by the microphone but it was something regarding outlot A and his driveway. Mr. AN said the answer to that is no and the city is going to talk to Mr. Azzone and try to convince him to have driveway access onto Kingston Court. Commissioner Grover asked if any of outlot A would be on Mr. Azzone's property? Mr. AN said no. Chairperson Fischer asked if this change was reflected in the conditions or should it be added? Mr. Roberts said he didn't believe this change was reflected in the conditions so it could be added or staff could be responsible for making the change before it goes to the city council. Commissioner Dierich would encourage the city to be very active as a city in looking at the developer's agreement. She is 4 years into her developer's agreement in her neighborhood and they are still having issues not being able to elect a group that leads the development and therefore, things aren't getting done and trees are dying and nothing is being done about it. The city needs take a more active role in making sure that when the city develops a developer's agreement that there is something that can be done in the long term. She asked if the private drives would be plowed by a private contractor or by the city. Mr. AN said the public roadway will be plowed by city and the area marked private drive would be plowed as part of the homeowners association. Commissioner Dierich asked who monitors the fencing along the drip line? In the past she has seen orange fencing up around tree drip lines and it doesn't last very long. During the construction of her house construction went through the middle of the drip lines and they were also marked as significant. She asked how often those drip lines are monitored, who monitors them and what fines occur if construction went into the drip line? Mr. AN said the Public Works Department is responsible for monitoring that. The Public Works Department had one full time person assigned to monitorthose types of things but has since retired from the city. That person has been replaced and a summer engineering intern has been hired to assist in the monitoring of those drip lines. The city recognizes they didn't do a good job in the past. A developer like this has to post bonds and escrows to make sure things occur. Most recently the city did some work that was supposed to be taken care of by a developer and the city billed it back to the property owner and developer. So in the end someone gets the job done. Commissioner Dierich strongly encouraged the neighbors to walk the construction site and call the Public Works department if they notice anything that causes concern. al Commissioner Trippler moved to approve the resolution on page 51 of the staff report. This resolution changes the land use plan for the Woodlands of Maplewood plat on the east side of McMenemy Street, north of Kingston Avenue. This change is from R- 1 (single dwellings) to R -2 (single and double dwellings). The city is making this change because: (changes to the motion are underlined and deletions are stricken.) It would be consistent with the goals and objectives of the comprehensive plan. 2. This site is proper for and consistent with the city's policies for medium - density residential use. This includes: a. It is near a minor arterial street (Larpenteur Avenue) and is on a collector street (McMenemy Street). b. Minimizing any adverse effects on surrounding properties because there would be minimal traffic from this development on existing residential streets. 3. It would be consistent with the proposed zoning and land uses. Approve the resolution on pages 52 and 53 of the staff report. This resolution changes the zoning map for the Woodlands of Maplewood plat on the east side of McMenemy Street, north of Kingston Avenue. This change is from F (farm residence) to R -2 (single and double dwellings). The reasons for this change are those required by the city code and because the owner plans to develop this property with a mix of single and double dwellings. Approve the resolution on page 54 of the staff report. This resolution is forthe vacation of parts of the Edgemont Street right -of -way, north of Kingston Avenue. The city is vacating this right -of -way because: 1. It is in the public interest. 2. The applicant and the abutting property owners have no plans to build a public street at this location. 3. The adjacent properties have street access. 4. The vacation of the right -of -way will allow the adjacent residents to expand and improve their homes. This vacation is subject to the city retaining the center of the Edgemont Street right -of- way located north of the north right -of -way line of Kingston Avenue for public purposes. 47 Y/ Approve the resolution starting on page 55 of the staff report. This resolution approves a conditional use permit for a planned unit development for the Woodlands of Maplewood development on the east side of McMenemy Street, north of Kingston Avenue. The city bases this approval on the findings required by code. Approval is subject to the following conditions: 1. All construction shall follow the plans date - stamped June 14, 2005, except where the city requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's standards and the engineering department requirements. (2) The developer minimizing the loss or removal of the vegetation and large trees. (3) All the changes required by the city engineer and by the watershed district. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Erin Laberee's memo dated July 11, 2005, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservation /replacement, and parking plans. The cul -de -sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer shall enclose the new ponds with a four - foot -high, black, vinyl- coated chain -link fence. The contractor also shall install a gate in the fences as may be required by the city engineer. (2) Provide for staff approval a detailed storm water management plan. c. The following for the streets and driveways: IIN (1) Curb and gutter along the street, if the city engineer decides that it is necessary. (2) Clearly labeled public streets and private driveways on the plans. 4. The design of the ponds shall meet Maplewood's ordinance standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site pond and drainage easements, if applicable. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk, fencing or fill from the site. 6. The approved setbacks for the principal structures in the Woodlands of Maplewood PUD shall be: a. Front -yard setback (from a public street or a private driveway): minimum — 20 feet, maximum — 35 feet b. Front -yard setback (public side street): minimum —20 feet, maximum —none c. Rear -yard setback: 20 feet from any adjacent residential property line d. Side -yard setback (townhouses): minimum — 20 feet minimum between buildings. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The city council shall review this permit in one year. Approve the Woodlands of Maplewood preliminary plat (received by the city on June 14, 2005). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. M 11 s7 b. Place temporary orange safety fencing and signs at the grading limits. c. Provide all required and necessary easements (including 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). d. Have Xcel Energy install Group V rate street lights in at least seven locations. These shall be as follows: (1) At the intersection of Edgemont Land and Kingston Court (by Lot 8). (2) Near Lot 4 in the middle of the block. (3) At the northeast corner of the site near Lot 1. (4) At the north end of Edgemont Lane near Lot 11. (5) At the intersection of McMenemy Street and Kingston Court (Sophia Avenue). (6) At the intersection of McMenemy Street and the northerly driveway (near Lot 23). (7) Near Lot 28 at the east end of the driveway. The exact style and location of the lights shall be subject to the city engineer's approval. e. Pay the city for the cost of traffic- control, street identification and no parking signs. f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and regulations. 2. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, trail, tree and street plans. The plans shall meet all the conditions and changes listed in the memo from Erin Laberee dated July 11, 2005, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building 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. 50 IN7 (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The 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. These slopes shall be protected with wood -fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) A minimum of a 10- foot -wide, 10:1 bench below the normal water level (NWL) of any pond designed to be a wet pond. The depth of the pond below the NWL shall not exceed four feet. (10) Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one foot deep and protected with approved permanent soil - stabilization blankets. (11) The drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run -off from the entire project site and shall not increase the run -off from the site. c. The tree plan shall: (1) Be approved by the city engineer before site grading or final plat approval. (2) Show where the developer will remove, transplant, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. 51 71 (3) Show the size, species and location of the transplanted, replacement and screening trees. The new deciduous trees shall be at least two and one -half (2Y2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The new coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) along the west and south sides of the site to help screen the development from the existing houses to the west and south (7) Show the planting or transplanting of at least 200 trees after the site grading is done. (8) Hold the developer responsible for replacing any moved trees that subsequentially die within a one year period. d. The street, driveway and utility plans shall show: (1) The streets and driveways shall be a nine -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. (3) Repair of McMenemy Street and Kingston Avenue (street and boulevard) afterthe developer connectsto the public utilities and builds the new streets, trails and private driveways. (4) The developer enclosing the pondswith a four - foot -high, black, vinyl- coated chain -link fence. The contractor also shall install gates in the fences as may be required by the city engineer. (5) The private driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (6) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire -flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. 52 rN (7) All utility excavations located within the proposed right -of -ways or within the easements. The developer shall acquire easements for all utilities that would be outside the project area. (8) The plan and profiles of the proposed utilities. (9) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. e. The drainage plan shall ensure that there is no increase in the rate of storm - water run -off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Show Kingston Court as a public street in a 50- foot -wide public right -of -way. Remove outlot A and make this area be part of the public right -of -way. c. Label the common areas as outlots. d. Add drainage and utility easements as required by the city engineer. e. Label all the names of all the streets and driveways on all plans and distinguish which are public and which are private. f. Change the street and driveway names as follows: (1) Kingston Court and Kingston Lane as Sophia Avenue. (2) The north /south driveway as Edgemont Lane. (3) The north private driveway (for Units 23 -28) shall have McMenemy Street addresses. 5. Secure and provide all required easements for the development. These shall include any off -site drainage and utility easements. 53 rX 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of McMenemy Street and Kingston Avenue (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the new streets and private driveways. 7. Submit the homeowners' association bylaws and rules to the city for approval by the director of community development. These are to assure that there will be one responsible party for the care and maintenance of the common areas, private utilities, landscaping and retaining walls. 8. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 9. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 10. Obtain a permit from the Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. Commissioner Pearson seconded. Ayes — Ahlness, Dierich, Fischer, Grover, 54 IL! Kaczrowski, Pearson, Trippler The motion passed. This item goes to the city council on August 8, 2005. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 26, 2005 I. CALL TO ORDER Chairperson Longrie called the meeting to order at 6:03 p.m. II. ROLL CALL Board member John Hinzman Present Board member Matt Ledvina Present until 9:07 p.m. Chairperson Diana Longrie Present Vice chairperson Linda Olson Present Board member Ananth Shankar Present 55 NO Staff Present: Shann Finwall Planner Lisa Kroll Recording Secretary VI. DESIGN REVIEW a. Woodlands of Maplewood — McMenemy Street, north of Kingston Avenue Ms. Finwall reported Mr. Chris English, representing Integra Homes, is asking the city to approve plans for a 28 unit townhouse development. He has prepared a site plan that shows 28 townhouses (in 14 detached townhomes and seven twin homes) in a development called The Woodlands. It would be on an 8.2 -acre site on the east side of McMenemy Street, north of Kingston Avenue and south of the Hmong Church. The applicant's designer has told staff that each building would have horizontal -lap vinyl siding, aluminum soffits and fascia and brick veneer on the fronts. In addition, each unit would have a two -car garage. The planning commission approved requests 1 -5 of the staff report at their July 18, 2005, meeting. Ms. Finwall said it should be noted that the city allows no parking on 24- foot -wide streets, parking on one side of 28- foot -wide streets and along both sides of streets that are 32 feet wide. In this case, the developer is proposing to construct the new public street (Kingston Court) and the private driveways 24 feet wide and then the city would not allow parking on the street on driveways. The project has not shown any areas for proof -of- parking spaces within the development. This is something that the final project plans should show. Locations for such parking could be north of Kingston Court near Unit 20, north of Kingston Lane near Units 7 and 8 and along Edgemont Lane near Units 10 and 11. These are locations that the city could require the developer or the homeowners' association to add more parking if it becomes necessary. Board member Shankar asked if staff is recommending a cul -de -sac next to unit 4, how would people get to units 1, 2, and 3? Staff said that question would be better addressed by the applicant. Board member Olson said there was a notation from the police department regarding renaming the street to eliminate confusion of the street names, she asked what the name of the street would be? Ms. Finwall recommended the applicant address that question. Chairperson Longrie asked the applicant to address the board. Mr. Brian Bourassa, MFRA Engineering, Plymouth, addressed the board. He displayed the original layout from the previous proposal and then displayed the new design to represent the changes in the design layout. This represents the additional property Integra Homes acquired to add to the development layout. The name of the new street 56 W will be Sophia Avenue per the Police Department's request. With the redesign of the plan they were able to design some hammerhead turn arounds and a large cul -de -sac on the plan. Regarding staffs suggestion for additional visitor parking Integra Homes will be adding some additional visitor parking stalls on the plan in the areas staff suggested. Board member Ledvina said he is concerned with the large cul -de -sac on the plan. It is shown on the plan to be 120 feet curb to curb in terms of the diameter. In his neighborhood they have a huge cul -de -sac with a tremendous amount of asphalt and he personally measured his cul -de -sac and it measured 96 feet curb to curb. He estimates the large cul -de -sac to be 120,000 square feet of asphalt in that proposed intersection on the plan and he believed a much smaller intersection could be built there. He doesn't understand the need for a large cul -de -sac of that size. If it can be reduced it should be reduced and it would be a benefit to the project. Mr. Bourassa said they agreed with that comment. Staff recommended a cul -de -sac of this size and that is why it is shown that way on the plan. In the past in other developments that Integra Homes has done they have used planters in the center of the cul -de -sac or island area. He is not sure if this is common practice in Maplewood or if it is allowed but that is a possibility idea. Board member Hinzman said looking at the Kingston Court right of way it comes close to the homes to the south. He asked if there was land acquired for this right of way or is that the way the property line is presently? Mr. Bourassa said additional land was acquired in order to meet some of the requirements from staff as well as to meet the objectives of Integra Homes. Board member Hinzman knows this is the second time the plans have been redesigned for this proposal and he appreciates the work and effort that has gone into preparing this proposal. He is looking at the double frontage with the existing lots to the south. He wondered if Integra Homes had thought about taking the southern street and flipping the street design to the north so there would be a street adjacent to the church area which would cause less of an impact. The existing homes to the south would then back up to the new townhomes rather than backing up to asphalt. Mr. Bourassa said after meeting with the residents and staff this plan was the preferred plan. They realize it creates double frontage lots but that was the preference of the neighbors to the south. They did spend a lot of time out in the field thinking of the design but because of the pond location there was a problem trying to snake the road in and still develop a logical lot design for the proposal. This is the next best plan and it is what the neighbors to the south are supporting. Board member Hinzman asked how they determine whose trees are on the existing property and who is responsible for the care of the trees? Mr. Bourassa said the bulk of the site is being graded. They have done a tree 57 WA inventory on the entire site. They are working with a certified arborist and will identify prior to construction the trees that are healthy and have the capacity to stand a move and they will transplant all the trees that can be transplanted which is at about 150 -200 trees on this site. They will be planting landscaping to buffer the south property line behind the Monn's Villa neighborhood as well as on the west side of the property buffering McMenemy Street. The landscaping plan will be difficult. Staff has stated they would prefer to have some strong language in the developer's agreement to ensure the landscaping and trees are taken care. This will ensure any concerns the neighbors have that during construction if the landscaping or trees should die it would be Integra Homes responsibility to replace it. Board member Ledvina said on the east boundary it shows a retaining wall. He asked if that retaining wall was to preserve the trees and what is the height of the retaining wall? Mr. Bourassa said the neighbor that has a huge oak tree that is real close to the property line and Integra Homes is going to be working with that homeowner along with the arborist to ensure the tree is trimmed and cared for before and during the construction to preserve the trees. Mr. Michael Villari, Metro Land Surveying & Engineering, Lino Lakes, addressed the board. They have not submitted plans forthe retaining wall along the east property line yet but would be submitting that to the city staff and engineering department. It appears that retaining wall would be about half a foot ranging up to about four feet in height along the east side. There will be some other significant retaining walls along the ponds that are even taller. Board member Ledvina asked if the goal was to not have any significant grading on the east side? Mr. Villari said that is correct. Board member Shankar asked what the width of the roads would be? Mr. Bourassa said the width from curb to curb on the public street is 26 feet wide but the width of the road at the entrance is larger because of the median in the middle. The private street from curb to curb is also 26 feet wide. For clarification the cul -de -sac is at a 60 foot radius. Board member Olson asked if they were proposing any sidewalks in this development? Mr. Bourassa said they will have a private trail connection that is paved in the development. At the planning commission the sidewalk issue came up and at some time in the future Mr. AN said there may be a trail corridor that would connect along the east side of McMenemy Street. 58 N-3 Board member Olson said if individuals in this development wanted to walk to the bus they would have to walk on these narrow roads then because there are no sidewalks in the area. Mr. Bourassa said there is a trail connection from Kingston Avenue to this area aswell. He is not sure if there is a bus route on McMenemy Street but he believes there is. Chairperson Longrie regarding the large cul -de -sac in the center she asked if there is a potential for a planter to be put in the center to decrease the amount of impervious asphalt? Ms. Finwall said yes. The 60 foot radius is indicated in the city's subdivision ordinance and the city engineering department supports a 50 foot radius and as small as 45 feet radius so this large area is surprising to staff and she is not sure why the city engineers recommended the 60 foot radius. Maybe it could either be reduce in size or a planter could be used to break the amount of asphalt up. Board member Olson said she is concerned about fire trucks or school buses being able to maneuver around in the area and if there were a planter in the middle of the cul- de -sac she is concerned the planter would cause a problem for those vehicles. Ms. Finwall said she wasn't sure and said that is something the city engineer would have to clarify. Staff could follow up on that for the board. Board member Shankar said if it does need to be 60 foot radius they could use some colored concrete or brick to break the expanse of the asphalt cul -de -sac. Board member Ledvina said if the city could get by with a smaller radius cul -de -sac he would recommend changing the plan to eliminate as much additional asphalt as possible. Board member Shankar asked if the roads are 26 feet wide why wouldn't the applicant make the roads 28 feet wide and allow for on- street parking on one side of the street and eliminate the visitor parking? Mr. Bourassa said they think that is a good idea but would like the opportunity to investigate that possibility and how that would affect the area. They would also have to make sure they could meet the setbacks and check on the plantings in the area. Board member Hinzman said he thinks this is a better idea than having these small visitor parking spots put into small areas. Mr. Bourassa said they would take a look at that and report back to city staff on their findings. Chairperson Longrie said you need to make sure there is room for people to walk 59 Ie:7 whether there are kids living here or not. We are moving towards a more livable walkable community. Board member Hinzman said with the size of the development they have done a good job with the design and the connections within the site. Board member Shankar said the colored elevations look like stucco but isn't the intent to use horizontal siding? Mr. Bourassa deferred that question to Ron Lillestrand. Mr. Ron Lillestrand, representing Integra Homes, Dayton, addressed the board. He said his daughter usually handles this information but is not present this evening. These buildings will have vinyl siding, stone and brick on the building exterior. Chairperson Longrie said she remembers the last time the board reviewed this proposal the board had a lengthy discussion regarding the building exteriors and making changes to the exterior. Mr. Lillestrand had three different building product samples that they would propose using on the building exterior which includes vinyl siding, cedar shakes, asphalt shingles, and window shutters. At the previous CDRB meeting his daughter had discussed some building exterior changes and additional colors to use but she was unable to be here tonight. Some of the employees are on vacation and his draftsman was called away unexpectedly so he is not as organized as he would like to be. He said they ended acquiring some additional property and may be designing more twin homes than they originally planned. They will be redesigning some of the buildings so for these reasons he would like to bring the revised building elevations and building colors back to the board for review with some of his staff. Chairperson Longrie asked if she understood Integra Homes would like to come back to fully present the revised building design and building colors. If that is the case she said she had some additional questions to ask about the design so she would hold those questions until they come back with the revisions. Mr. Lillestrand said that's what they would prefer to do. Chairperson Longrie said she would support tabling the building elevations until Integra Homes wants to come back to the board with the revisions. Board member Shankar asked if the CDRB would be reviewing just the site plan, landscape, grading and drainage plans then? Chairperson Longrie said that's what it sounds like. If the applicant is willing to alter the width of the private and public drive aisle to change the width that would minimize the cul -de -sac width as well. me .;111 Board member Ledvina he is wondering about the cul -de -sac on the southeast corner and why there isn't a curve in the road instead? There is no conflict in terms of traffic in that area. When a new development is proposed you have to look at the development as a whole and he believes some of the impervious surfaces could be made smaller. Board Hinzman agreed. Board member Ledvina said he wasn't present for the previous meeting for this proposal and he thinks this is a nice plan. He especially likes the side loaded garages. He is concerned about the positioning of units 21 and 22. Maybe they could be staggered a bit and to add more character there. Board Hinzman said this is a different piece of property to develop with the topography. From a design standpoint he would prefer to see the private street moved to the north but he understands the neighbors prefer this proposed plan. He thinks this will be a nice subdivision. Board member Shankar said even if the cul -de -sac is reduced to a 45 foot radius perhaps they could consider using a 10 foot circle radius with a different material from asphalt with either colored concrete or brick. Board member Olson said she remembered seeing this proposal previously and she thinks this plan is much improved. She appreciates the developer's efforts to work with the neighbors. She is concerned about pedestrian traffic and the need for sidewalks. Board member Shankar asked if there was a minimum width for sidewalks? Ms. Finwall said the minimum sidewalk width in Maplewood is six feet wide. Board member Olson said she thinks a four foot wide sidewalk would be sufficient. Board member Ledvina said this is a PUD and the city doesn't have to follow the ordinances with a planned unit development like this. Board member Shankar suggested the road between McMenemy and the cul -de -sac be 24 feet wide with a four foot wide sidewalk for a total of 28 feet wide. The private road could be 28 feet wide which would allow parking on one side of the street. The board agreed that was a good idea. Board member Ledvina moved to approve the project plans (site plan, landscape plan, grading and drainage plans and b ildiRg elevatiGRG for the Woodlands of Maplewood townhouses on the east side of McMenemy Street, north of Kingston Avenue. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: (changes made by the CDRB during the meeting are 61 ;Il underlined if added and stricken if deleted) 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: streets, grading, utility, drainage, erosion control, tree sidewalk and driveway plans. The plans shall meet the following conditions and shall also meet all the conditions and changes noted in Erin Laberee's memo dated July 11, 2005. (1) The erosion control plan shall be consistent with city code. (2) A revised site plan showing the following: (a) That the units along the north property line are scatted to break up the linearity. (b) The public road at 24 feet wide up to the cul -de -sac, along with a 4 -foot wide sidewalk running from McMenemy Street to the cul -de -sac. (c) All private roads to be 28 feet wide with parking allowed on one side. (d) Review the concept with the engineering department of reducing the amount of impervious surface on the western cul -de -sac by the installation of a center landscape island or the reduction in the radius, or the possibility of the installation of different color or materials. (e) Review the concept with the engineering department of removing the southeast cul -de -sac. (3) The grading plan shall: (a) Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b) Include contour information forthe land that the construction will disturb. 62 :ya (c) Show sedimentation basins or ponds as maybe required by the watershed board or by the city engineer. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood -fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show the proposed street and driveway grades as allowed by the city engineer. (g) Show the drainage areas, and the developer's engineer shall provide the city engineerwith the drainage calculations. The drainage design shall accommodate the run -off from the surrounding areas. (h) Show details about the proposed pond fencing including the materials, gate, height and color. (4) The tree plan shall: (a) Be approved by the city engineer. (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, transplant, save or replace large trees. (c) Show the size, species and location of the transplanted and replacement trees. The new coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans shall show no tree removal beyond the approved grading and tree limits. (e) Show additional tree planting for screening along the south and west property lines of the site. (5) The street, driveway and utility plans shall show: 63 :363 (a) A water service to each lot and unit. (b) The repair and restoration of McMenemy Street and Kingston Avenue (including curbing, street, and boulevard) after the contractor removes the existing driveways, connects to the public utilities and builds the new streets, trails and driveways. WIN a r. r m s s a r_ L (d) The street and the driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. (e) The developer or contractor shall post the streets and driveways with "no parking" signs to meet city standards. (f) The public streets and private driveways labeled on all plans. (g) The common area labeled as Outlot B on all plans. (6) The design of the ponding areas and the rainwater garden(s) shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off -site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. C. Submit a revised landscape plan to staff for approval which incorporates the following details. (1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. (2) The addition of eight -foot tall trees and /or fencing for screening along the west and south sides of the site. M c;Ll (3) The developer shall install landscaping in the ponding areas to break the appearance of the deep hole and to promote infiltration. Such landscaping shall be approved by the city engineer and shall be shown on the project landscape plans. (4) Having in- ground irrigation for all landscape areas (code requirement). (5) The plantings proposed around the front of the units shown on the landscape plan date - stamped February 1, 2005, shall remain on the plan. (6) A concrete walk from the driveway to the door of each unit. (7) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (8) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (9) The contractor shall restore the McMenemy Street and Kingston Avenue boulevards with sod. (10) Adding more evergreen trees (Black Hills spruce or Austrian pines) along the west and south property lines of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the houses to the south and west. (11) Show the in- ground lawn- irrigation system, including the location of the sprinkler heads. (12) Shall be approved by the city engineer before site grading and shall be consistent with the approved grading and landscape plans. 65 4.1 (13) Show the landscape or ground treatment for the areas between the driveways of the double dwellings. d. Show that Ramsey County has recorded the final plat for this development. e. Get the necessary approvals and permits from the watershed district. f. Submit a site lighting plan for city approval. This plan shall show the installation of at least seven street lights and how the lighting on the buildings would add to the site lighting. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and from adjacent residential properties. g. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. i. The developer or builder will pay the city Park Access Charges (PAC fees) at the time of the building permit for each housing unit. j. Submit the homeowners' association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, outlots, the private utilities, signs, landscaping and retaining walls. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. C- X31 C. Complete all landscaping and turf irrigation for that building and its rainwater garden(s). d. Install the required concrete curb and gutter. e. Install a reflectorized stop sign at the exits onto McMenemy Street and addresses on each building for each unit. In addition, the applicant shall install "no parking" signs within the site, as required by staff. f. Install and maintain all required trees and landscaping (including the plantings around each unit and around the pond) and an in- ground sprinkler system for all landscaped areas (code requirement). g. Install on -site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and the nearby homes and residential properties. h. Install a six - foot -high solid fencing or additional trees along the west and south property lines of the site where the vegetation does not adequately screen the townhouses from the existing dwellings. These additional materials are to ensure there is at least a six - foot -tall, 80 percent opaque screen on these sides of the site. The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 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 for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of 67 � ;YA the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Provide city staff with a sign and landscape plan for the entrance and island at McMenemy Street. The monument sign shall be no more than six feet tall and shall have materials that are consistent with and architecturally compatible with the buildings within the development. The landscaping shall be compatible with the extreme conditions of the location and the materials shall need little or no maintenance. 7. Buildina elevations are not approved with this desian review. All final buildin elevations must be approved by the community design review board. Chairperson Longrie seconded. Ayes — Hinzman, Ledvina, Longrie, Olson, Shankar The motion passed. This item goes to the city council on August 8, 2005. CM3 E:I:3 Agenda Item Kl AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: September 6, 2005 RE: On -Sale Intoxicating Liquor License Introduction Don Huot has applied for an intoxicating liquor license to be used at 2425 Highway 61, the establishment formerly known as Smiley's. Background Mr. Huot was raised in St. Paul and is currently residing in North St. Paul and has been involved in the bar business for many years. From 1980 -1987 he was a part owner of the North End Depot in St. Paul. During that time he stated that he was also the liquor license holder. Huot then became the manager of the American Legion Club in North St. Paul and held that position from 1988 -1995 until he became involved in an employment dispute with the Legion Board of Directors. Following is a summation of the report received by me from Deputy Chief Banick: One of Mr. Huot's references was quite complimentary of him. He stated, "Don was the best bar manager we ever had. " Huot's hank reference stated, `7 saw him daily and he kept the account in good order. He was very easy to work with. " A third individual stated, "Don would do a great job" as a liquor license holder. Mr. Hunt informed me that he was a former president of the St. Paul Liquor Dealers Association and coached youth hockey in North St. Paul for twelve years. During this investigation, I found Mr. Hunt to have several criminal convictions or arrests on his record. The convictions include: three DWTs (1995, 1999, & 2003), one domestic assault (1999) and one arrestfor criminal damage to property (1994). Hunt informed me of these incidents during the investigation and stated that he has learned from his past mistakes. Mr. Huot plans to invest a considerahle amount of his personal savings into this venture in order to make it successful. I met with Mr. Hunt to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the Cities of Maplewood, North St. Paul, St. Paul and Ramsey County. The city code of ordinances referring to ineligible persons to hold a liquor license states: (a) No license required under this division may be issued to a person who has had an intoxicating liquor or nonintoxicating liquor license revolted within five years of the license application. (b) In addition, no new license may be issued to and the city council may refuse to renew the license of a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufactures, sale, distribution, or possession for sale or distribution of an alcoholic beverage or of a felony crime. While during the investigation issues were raised regarding Mr. Hout's background they were not egregious enough to deny him an intoxicating liquor license according to the city code of ordinances. Recommendation Staff recommends approval of the license with encouragement from the council the importance of maintaining a good business both for his and the city's good. AGENDA NO. K -2 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Set Public Hearing Dates on Proposed 2006 Budget and Property Tax Levy DATE: September 6, 2005 State law requires that the City hold a public hearing on its budget and property tax levy for 2006. The following procedures must be followed: • Certify to Ramsey County the date it has selected by September 15 th ; • Hold the meeting between November 29 and December 20 th ; • Hold the hearing after 5:00 p.m. if it is on a day between Monday and Friday or at any reasonable time on Saturday; and • Not to conflict with hearings for the county, metro special taxing districts or the three school districts in Maplewood. The following dates are recommended as the Legislature has reserved the dates for cities: Initial hearing - Monday, December 5th at 7:00 p.m Continuation hearing (if needed) - Monday, December 12 at 7:00 p.m Adoption hearing - Monday, December 12 at 7:00 p.m. PTI NANCE\Word \AG N \2006budgetheari ng S \AG EN DA \2006budgetheari ng AGENDA NO. K -3 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Preliminary Approval of Proposed Tax Levy Payable in 2006 DATE: September 6, 2005 State law requires that cities certify their proposed property tax levies to the county auditor by September 15. The proposed tax levy that is given preliminary approval cannot be increased Therefore, it is important that the proposed tax levy provides adequate revenues to finance the 2006 Budget. The Proposed 2006 Budget requires a tax levy of $14,106,370 which is 5.0% more than 2005 (see breakdown attached). The City Council needs to decide the maximum levy that they are willing to approve and then adopt the attached resolution. RESOLUTION PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2006 WHEREAS, State law requires that the City Council give preliminary approval of a proposed tax levy for 2005 payable in 2006 by September 15, 2005 and WHEREAS, the City Council has reviewed the Proposed 2006 Budget and has determined the amount of the proposed tax levy payable in 2006 which is the maximum amount that will be levied. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT the proposed tax levy for 2005 payable in 2006 in the amount of $ is hereby given preliminary approval. r EVA WA 101 W11II&IIZ1Z• Operations: General Fund Ambulance Service Fund Community Center Operations Fund Recreation Programs Fund Operations Total Capital Improvements: C.I.P. Fund F.T.R. Fund Park Development Fund Redevelopment Fund Capital Improvements Total Debt Service: Debt Service Fund Totals -All Funds P\agn\2005 PRO POSEDTAXL EVY S\agenda\2005 PRO POSEDTAXL EVY Proposed 2005 2006 Change Levy Levy Amount Percent $9,769,250 10,738,190 $968,940 9.9% $382,240 $0 ($382,240) - 100.0% $0 $39,000 $39,000 N/A $289,440 $312,380 $22,940 7.9% $10,440,930 $11,089,570 $648,640 6.2% $120,710 $0 ($120,710) - 100.0% $55,000 $0 ($55,000) - 100.0% $0 $0 $0 N/A $0 $0 $0 N/A $175,710 $0 ($175,710) - 100.0% $2,818,000 $3,016,800 $198,800 7.1% $13,434,640 $14,106,370 $671,730 5.0% P\agn\2005 PRO POSEDTAXL EVY S\agenda\2005 PRO POSEDTAXL EVY Agenda Item K4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Realignment East (T.H. 61 to Southlawn), City Project 02- 07-- Resolution Approving Memorandum of Agreement with State of Minnesota Historical Preservation Organization for Railroad Right of Way DATE: September 1, 2005 I0 :IQ millet IIQ01 The abandonment process for the BNSF Railroad is required to complete the County Road D project. As part of the abandonment, the National Transportation Safety Board (NTSB) determined that the State of Minnesota Historical Preservation Organization (SHPO) needed to review the corridor. SHPO found that the railway may have historical significance. An agreement between the parties is required to assure that historical issues are addressed. Approval of the Memorandum of Agreement (MOA) is required. Background The realignment of County Road D passes through a seldom used railroad line. The right to build the road has led the City into an extremely complex process that involves abandonment of the railroad, establishment of an overroad agreement with the only potential user of the railroad, the extension of the Bruce Vento Trail, and an agreement with two railroads, the Regional Rail Authority, Ramsey County Board and seven surrounding communities. All those agreements are complete and approved, and are in the process of being executed. The abandonment process is currently being executed by NTSB in Washington, D.C. Senator Coleman's office is assisting with expediting this bureaucratic process. It appears that the final obstacle to reaching agreement for all the processes that need to occur to allow construction to begin between Hazelwood and TH 61 is the MOA between Maplewood, the NTSB, BNSF and SHPO. Attached is a copy of the agreement. Some minor legal issues may occur; however, the intent of the agreement is in place. The agreement requires that the City, in cooperation with Ramsey County, conduct a historical study of the railroad corridor. The rail line was the first railroad constructed between St. Paul and Duluth in the 1850s. Findings from the study will be used to build a kiosk near the Bruce Vento Trail connections within Legacy Village. Costs for the study and kiosk are estimated to approach $50,000 and were not included in the original estimates for the project, as the historical nature of the railroad could not have been predicted. The agreement is, however, a reasonable compromise that is necessary to allow the process to continue. The kiosk construction is certainly a good option for the trail construction process. The entire $50,000 cost will not be Maplewood's alone, as Ramsey County grant money for the trail construction will likely cover portions of the cost. That portion will be determined depending upon final construction allocations. The engineering staff and consultants recommend this agreement as a reasonable compromise to proceed with the process. The compromise was reached with SHPO in the past month. Originally, SHPO requested that the rail corridor be preserved by constructing a bridge over the new County Road D to maintain the railway embankment. This bridge would have cost in excess of $2.0 million to construct and would not have stalled or stopped the project. The bridge has been an issue worked on by the City to avoid constructing since the original closure of existing County Road D in 1981. Approval is recommended. Agenda Item K4 Discussion /Budget Impact This project has exceeded the original budget amount. This expense is required as part of the scope of the project as noted above. In the near future, a forecast of project costs (right of way costs are nearly $2.0 million over the estimated costs, while construction bids were $1.0 million below) will be reviewed to determine the state of this project's $8.03 million budget, which includes two construction contracts, multiple land acquisition agreements, agency negotiations and unforeseen project delays. Before the project is completed, it is anticipated that a project budget increase and a revised project financing plan will be necessary. Funding for these overruns is being reviewed as part of area redevelopment plans which have far exceeded the original estimates of redevelopment activity. Land values are increasing by 1 % to 2% per month. Redevelopment of some parcels has tripled the appraised land value within an 18 -month period. While the construction costs have increased, they are necessary to accommodate the redevelopment and land cost increases in area value. When this project was started, Council was advised of the possibility of the increased cost, which would be paid back over time with the increase in land values. A revised project budget and project financing plan will be prepared in the near future when some certainty of the actual costs can be made. At this time no change to the project budget is proposed. Staff fully expects that the increased costs will be easily offset by the redevelopment activities and additional tax base realized. RECOMMENDATION It is recommended that the city council approve the attached resolution approving the Memorandum of Agreement with the State of Minnesota Historical Preservation Organization for Railroad Right of Way. Attachments: 1. Resolution 2. Memorandum of Agreement 3. Location Map Agenda Item K4 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH STATE OF MINNESOTA HISTORICAL PRESERVATION ORGANIZATION NATIONAL TRANSPORTATION SAFETY BOARD BURLINGTON NORTHERN SANTA FE RAILROAD CITY OF MAPLEWOOD WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City Project 02 -07, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that an agreement be executed with the State of Minnesota Historical Preservation Organization; the National Transportation Safety Board; the Burlington Northern Santa Fe Railroad and the City of Maplewood to address historical issues related to the abandonment of the railway that will serve as the extension of the Bruce Vento Trail and will be crossed by the proposed County Road D Realignment East, and WHEREAS, said agreement will facilitate the City of Maplewood's acquisition of the Burlington Northern Santa Fe Railroad abandoned property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Director of Public Works /City Engineer is hereby authorized and directed to execute said Memorandum of Agreement and is authorized to incur costs to the project up to $50,000 for the obligations noted within said agreement. Agenda Item K4 MEMORANDUM OF AGREEMENT BETWEEN THE SURFACE TRANSPORTATION BOARD, THE MINNESOTA STATE HISTORIC PRESERVATION OFFICER, AND THE CITY OF MAPLEWOOD, MINNESOTA REGARDING THE BNSF RAILWAY COMPANY — ABANDONMENT EXEMPTION — IN RAMSEY COUNTY, MN Docket No. AB -6 (Sub -No. 429X) MINNESOTA COMMERCIAL RAILWAY COMPANY —DISCONTINUANCE OF SERVICE EXEMPTION — IN RAMSEY COUNTY, MN Docket No. AB -882 (Sub -No. 1X) Agenda Item K4 August 17, 2005 WHEREAS, the Surface Transportation Board (STB) the lead Federal Agency, has received a Verified Notice of Exemption Under 49 U.S.C. § 1152.50 for the BNSF Railway Company (BNSF) abandonment of an out -of- service rail line that extends from a point approximately 100 feet north of Interstate Highway 694 in White Bear Township to a point approximately 50 feet north of Beam Avenue in Maplewood, a distance of 0.67 miles in Ramsey County, Minnesota; and WHEREAS, the STB has determined that the proposed project is an undertaking which may have an effect upon historic properties included in or eligible for inclusion in the National Register of Historic Places, and is in consultation with the Minnesota State Historic Preservation Officer (SHPO), pursuant to Section 800 of the regulations (36 CFR Part 800) implementing Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, and WHEREAS, the STB in consultation with the SHPO has determined that the proposed abandonment will have an effect on the rail line, a property eligible for listing in the National Register; and, WHEREAS, the City of Maplewood, the project proponent, participated in the consultation and have been invited to concur in this Memorandum of Agreement; and, WHEREAS, the STB has consulted with the SHPO and the City of Maplewood pursuant to Section 36 CFR 800.6 regarding ways to avoid, minimize, or mitigate effects to the rail line; and, WHEREAS, the STB, in consultation with the Signatory and Invited Signatory, has developed a mitigation plan for the development of a historic context of the rail line; and, WHEREAS, the STB may use an independent third -party contractor, working under its supervision, direction, and control, and at the City of Maplewood's expense, to assist in meeting the STB's responsibilities defined in the stipulations below; and, NOW, THEREFORE, STB and the SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties. Stipulations STB, in consultation with the City of Maplewood, will ensure that the following measures are carried out. The STB was created with the passage of the ICC Termination Act of 1995 (Pub. L. No. 104 -88). STB, an independent body within the U.S. Department of Transportation, is responsible for administering rail, pipeline, and certain adjudicatory function involving motor and water carriers. These responsibilities are similar to those duties formerly administered by the Interstate Commerce Commission. The STB is the lead agency under the National Historic Preservation Act for the BNSF Railway Company — Abandonment Exemption — in Ramsey County, MN and the Minnesota Commercial Railway Company Discontinuance of Service Exemption in Ramsey County, MN. Agenda Item K4 I. The City shall provide an interpretive sign at the trail head located at XXXXX. The interpretive sign will provide an overview of the history of the rail line corridor and present its importance to the development of the state of Minnesota. The City will consult with the SHPO on the content and presentation of the interpretive sign. This sign will be erected at the conclusion of construction of County Road D, anticipated to be no later than XXXXX. II. The SHPO shall have thirty (30) calendar days after the receipt of adequate documentation to review and comment on the City's interpretive sign. III. The City shall retain the professional services of a qualified historian /architectural historian meeting at a minimum the Secretary of the Interiors Professional Qualifications Standards for historian or architectural historian. The history of the rail line will be prepared in accordance with Attachment A which was developed for this project in coordination with the STB and the SHPO. Work on the history shall commence no later than April 15, 2006 with completion by April 15, 2007. IV. The City, on behalf of STB, shall provide the history to the SHPO. The SHPO shall have thirty (30) calendar days after the receipt of the history to provide comment upon it to the City and STB. V. The City shall provide two copies of the history to the SHPO. Copies shall also be provided to the agencies responsible for management of the trails that make use of the railway right -of -way for use in preservation management and interpretive programs and distributed to libraries in communities located along the trail corridor and other repositories, as requested. VI. If Stipulations I -V have not been completed by April 15, 2007, the parties to this Agreement shall review this Agreement to determine whether revisions are needed. If revisions are needed, the parties to this Agreement shall consult in accordance with 36 CFR Part 800 to make such revisions. VII. The City shall permit the SHPO to review and comment on all contracts that the City proposes to use to implement the terms of this Agreement. The City shall not alter the terms of any such contract, nor appoint new personnel responsible for overseeing such contract, without first affording the SHPO the opportunity to review the proposed replacement personnel change and determine whether it will require that revisions be made in this Agreement. If revisions are needed, the parties to this Agreement shall consult in accordance with 36 CFR Part 800 to make such revisions. VIII. Should any party to this Agreement object within thirty (30) days after receipt to any contracts or reports, or other documents provided for review pursuant to this Agreement, or to the manner in which this Agreement is being implemented, the STB shall consult with the objecting party to resolve the objection. If the STB determines that the objection cannot be resolved, the STB will request the comments of the Advisory Council on Historic Preservation (Council) pursuant to 36 CFR §800.6(b). Any Council comment provided in response to such a request shall be taken into account by the STB in accordance with 36 CFR §800.6(c)(2) with reference only to the subject of the dispute; the STB's responsibility to carry out all actions under this Agreement that are not the subjects of the dispute shall remain unchanged. Execution of this Memorandum of Agreement by the STB, the SHPO, and the City, and its subsequent submission to the Advisory Council on Historic Preservation (Council) in accordance with 36 CFR 800.6(b)(1)(iv), shall, pursuant to 36 CFR 800.6(c), be considered to be and agreement with the Council for the purposes of the National Historic Preservation Act. Execution and submission of the Memorandum of Agreement, and implementation of its Agenda Item K4 terms, evidences that the STB has afforded the Council an opportunity to comment on the proposed action relating to the line, and that STB has taken into account the effects of the abandonment on historic properties and is satisfying the requirements of Section 106 of the National Historic Preservation Act (Title 16 USC Section 470(f). Surface Transportation Board By: Date: Victoria Rutson Chief, Section of Environmental Analysis Minnesota State Historic Preservation Officer By: Date: Dennis Gimmestad Government Programs & Compliance Officer City of Maplewood By: Date: XXXXX Agenda Item K4 Agenda Item K5 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: September 2, 2005 RE: Ordinance Change — Fee Waivers Introduction From time to time the city is requested by local organizations, mostly non - profits, to waive the fee for temporary food and occasionally alcohol (beer and wine) when having an event. Most generally these requests are received from churches, boy scout troops, schools and the VFW. When these requests are made, staff prepares an agenda report recommending the fee waiver. Rarely does the city receive a request that has not been an annual event. Background The city code currently reads: Sec. 2 -7. Waiver of license or permit fee for city events. The city council may waive any requirements for payment of a license fee or permit fee for any city- sponsored event. Staff is requesting that the current code be amended to permit administrative approval on these types of fee waivers. Any fee waiver that requests intoxicating liquor would continue to be brought to council for approval. Sec. 2 -7. Waiver of license or permit fee for city events. The city eexiieil manager or his designee may waive any requirements for payment of a license fee or permit fee for local organizations, non profits and city- sponsored events. Recommendation Staff requests council approval of the above ordinance amendment permitting the city manager or his designee to waive fees for the aforementioned licenses or permits.